[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Rules and Regulations]
[Pages 53798-53800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26660]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-266-AD; Amendment 39-10818; AD 98-21-10]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale Model ATR42-200 and -300
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Aerospatiale Model ATR42-200 and -300 series
airplanes, that requires repetitive inspections for cracking of the
lower skin panels of the outer wings; and repair, if necessary. This
amendment also requires modification of the panels and a follow-on
inspection to detect cracking of the modified areas, which constitute
terminating action for the repetitive inspections. This amendment is
prompted by the issuance of mandatory continuing airworthiness
information by a foreign civil airworthiness authority. The actions
specified by this AD are intended to prevent fatigue cracking of the
lower skin panels of the outer wings, and consequent reduced structural
integrity of the airplane.
DATES: Effective November 12, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 12, 1998.
ADDRESSES: The service information referenced in this AD may be
obtained from Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex
03, France. This information may be examined at the Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2110; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Aerospatiale Model ATR42-
200 and -300 series airplanes was published in the Federal Register on
February 10, 1998 (63 FR 6683). That action proposed to require
repetitive inspections for cracking of the lower skin panels of the
outer wings; repair, if necessary; modification of the panels; and a
follow-on inspection to detect cracking of the modified areas, which
would constitute terminating action for the repetitive inspections.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Support for the Proposal
One commenter supports the proposed AD.
Request to Revise Applicability of the Proposal
One commenter, the manufacturer, requests that the applicability of
the proposed AD be revised to exclude airplanes on which ATR
Modification 2805 has been accomplished. The commenter states that this
modification was developed to address cracking that was detected during
full-scale fatigue testing and has been accomplished on certain
airplanes during production. The commenter also points out that French
airworthiness directive 93-190-051(B), which was referenced in the
proposal as the parallel French airworthiness directive, excludes
airplanes on which ATR Modification 2805 has been accomplished.
The FAA concurs with the commenter's request and has revised the
applicability of the final rule to exclude airplanes on which ATR
Modification 2805 has been accomplished.
Request To Revise Compliance Time
This same commenter expresses concern regarding the planned
compliance time for the actions specified in the proposed AD. The
commenter states that, for certain airplanes, the proposal allows a
delay of
[[Page 53799]]
500 landings before the actions must be accomplished, and that such a
delay could allow those airplanes to exceed the thresholds specified in
the French airworthiness directive. The commenter points out that those
thresholds were defined according to a specific fatigue and damage
tolerance analysis.
Although no specific request to change the final rule is made by
the commenter in this regard, the FAA infers that the commenter is
requesting that the FAA reduce or eliminate the grace period in the
final rule. The FAA does not concur with the commenter's request and
notes that the compliance times, as stated in the proposal, do indeed
follow those specified by the French airworthiness directive.
Specifically, the French airworthiness directive calls for
accomplishment of the initial inspection prior to the accumulation of
26,000 total flights. Paragraph (a) of this final rule specifies that
the initial inspection is to be accomplished prior to the accumulation
of 25,500 total landings, or within 500 landings after the effective
date of the AD, whichever occurs later.
Similarly, the French airworthiness directive calls for
accomplishment of the modification prior to the accumulation of 33,000
total flights. Paragraph (b) of the final rule specifies that the
modification is to be accomplished prior to the accumulation of 32,500
total landings, or within 500 landings after the effective date of this
AD, whichever occurs later. The FAA considers that the grace period of
500 landings allows operators whose airplanes have exceeded the
thresholds of 25,500 and 32,500 total landings adequate time to
accomplish the inspections and modification, respectively, while
adhering as closely as possible to the compliance times specified in
the French airworthiness directive. No change to the final rule is
necessary in this regard.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the change described
previously. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
The FAA estimates that 101 airplanes of U.S. registry will be
affected by this AD.
It will take approximately 4 work hours per airplane to accomplish
the required ultrasonic inspection, at an average labor rate of $60 per
work hour. Based on these figures, the cost impact of the ultrasonic
inspection required by this AD on U.S. operators is estimated to be
$24,240, or $240 per airplane, per inspection cycle.
It will take approximately 280 work hours per airplane to
accomplish the required modification, at an average labor rate of $60
per work hour. The cost of required parts will range from $1,576 to
$6,373 per airplane. Based on these figures, the cost impact of the
modification required by this AD on U.S. operators is estimated to be
between $1,855,976 ($18,376 per airplane) and $2,340,473 ($23,173 per
airplane).
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
Therefore, in accordance with Executive Order 12612, it is
determined that this final rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
98-21-10 Aerospatiale: Amendment 39-10818. Docket 97-NM-266-AD.
Applicability: Model ATR42-200 and -300 series airplanes on
which Avions de Transport Regional Service Bulletins ATR42-57-0040,
dated April 21, 1994, and ATR42-57-0038, Revision 2, dated December
18, 1997, have not been accomplished; except for those airplanes on
which ATR Modification 2805 has been accomplished; certificated in
any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent fatigue cracking of the lower skin panels of the
outer wings between ribs 13 and 18, and consequent reduced
structural integrity of the airplane, accomplish the following:
(a) Prior to the accumulation of 25,500 total landings, or
within 500 landings after the effective date of this AD, whichever
occurs later, perform an ultrasonic inspection for cracking of the
lower skin panels of the outer wings, in accordance with Avions de
Transport Regional Service Bulletin ATR42-57-0040, dated April 21,
1994. If any crack is detected, prior to further flight, repair it
in accordance with a method approved by the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate. Thereafter,
repeat the inspection at intervals not to exceed 9,000 landings.
(b) Prior to the accumulation of 32,500 total landings, or
within 500 landings after the effective date of this AD, whichever
occurs later, modify the lower skin panels of the outer wings, and
perform a follow-on high frequency eddy current (HFEC) inspection
for cracking of the modified areas, in accordance with Avions de
Transport Regional Service Bulletin ATR42-57-0038, Revision 2, dated
December 18, 1997. If any crack is detected, prior to further
flight,
[[Page 53800]]
repair it in accordance with a method approved by the Manager,
International Branch, ANM-116. Accomplishment of the modification
and follow-on HFEC inspection constitutes terminating action for the
repetitive ultrasonic inspection requirements of paragraph (a) of
this AD.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, International Branch, ANM-116.
Operators shall submit their requests through an appropriate FAA
Principal Maintenance Inspector, who may add comments and then send
it to the Manager, International Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(e) Except for the repairs provided for in paragraphs (a) and
(b) of this AD, the actions shall be done in accordance with the
following Avions de Transport Regional Service Bulletins, which
contain the specified list of effective pages:
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Service bulletin referenced and Page number shown on Revision level shown on
date page page Date shown on page
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ATR42-57-0040, April 21, 1994.. 1-15................... Original.................. April 21, 1994.
ATR42-57-0038, Revision 2, 1-11, 21, 31-36 53, 55. 2......................... December 18, 1997.
December 18, 1997.
18, 22, 27, 28, 37, 38, 1......................... December 20, 1995.
51, 52, 56, 57.
12-17, 19, 20, 23-26, Original.................. December 19, 1994.
29, 30, 39-50, 54.
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This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Aerospatiale, 316 Route de Bayonne,
31060 Toulouse, Cedex 03, France. Copies may be inspected at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
Note 3: The subject of this AD is addressed in French
airworthiness directive 93-190-051(B), dated October 27, 1993.
(f) This amendment becomes effective on November 12, 1998.
Issued in Renton, Washington, on September 29, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-26660 Filed 10-6-98; 8:45 am]
BILLING CODE 4910-13-U