[Federal Register Volume 62, Number 244 (Friday, December 19, 1997)]
[Rules and Regulations]
[Pages 66500-66502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32999]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-140-AD; Amendment 39-10254; AD 97-26-11]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale Model ATR42-200, -300, and
-320 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, -300, and -320
series airplanes, that requires an inspection to detect corrosion of
the rear spars of the wings, and corrective actions, if necessary. This
amendment is prompted by issuance of mandatory continuing airworthiness
information by a foreign civil airworthiness authority. The actions
specified by this AD are
[[Page 66501]]
intended to detect and correct possible corrosion on the rear spars of
the wings, which could result in reduced structural integrity of the
wings.
DATES: Effective January 23, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 23, 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: 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, -300, -320 series airplanes was published in the Federal Register
on October 01, 1997 (62 FR 51388). That action proposed to require an
inspection to detect corrosion of the rear spars of the wings, and
corrective actions, if necessary.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the single comment received.
Request to Withdraw the Proposal
The Direction Generale de l'Aviation Civile (DGAC) has no technical
objection to the proposal, but requests that the FAA withdraw it
because French airworthiness directive 95-127-062(B) was issued against
a target set of airplanes, and was intended to evaluate and quantify
the problems with corrosion in the area of the wing spars. The results
of the inspection enabled the manufacturer to define long term actions
and revise the airplane maintenance program (known as the Maintenance
Review Board or MRB), to include the necessary inspections and
corrective actions. The commenter further states that the revised MRB
has been implemented by U.S. operators, and that an AD mandating these
same actions is not required.
The FAA does not concur with the commenter's request to withdraw
the proposal. The MRB document referenced by the commenter is not
mandatory for U.S. operators. Therefore, the issuance of this AD is the
only means available to the FAA to require changes in the maintenance
of the airplane which are related to an unsafe condition. The
``Compliance'' provision of this AD states that compliance is required
as indicated, ``unless accomplished previously.'' Therefore, if an
operator has adopted and complied with MRB provisions that describe the
inspection required by this AD, it may take credit for prior
accomplishment of those actions.
Conclusion
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Cost Impact
The FAA estimates that 16 Model ATR42-200, -300, and -320 series
airplanes of U.S. registry will be affected by this AD, that it will
take approximately 24 work hours per airplane to accomplish the
required actions, and that the average labor rate is $60 per work hour.
Based on these figures, the cost impact of the AD on U.S. operators is
estimated to be $23,040, or $1,440 per airplane.
The cost impact figure discussed above is 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:
97-26-11 Aerospatiale: Amendment 39-10254. Docket 95-NM-140-AD.
Applicability: Model ATR42-200, -300, and -320 series airplanes,
as listed in Aerospatiale Service Bulletin ATR42-57-0044, dated May
30, 1995, or Revision 1, dated June 28, 1995; 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 (b) 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 detect and correct corrosion on the rear spars of the wings,
which could result in reduced structural integrity of the wing,
accomplish the following:
(a) Within 60 days after the effective date of this AD, perform
a one-time detailed visual inspection to detect corrosion of the
rear spars of the wings, in accordance with Aerospatiale Service
Bulletin ATR42-57-0044, dated May 30, 1995, or Revision 1, dated
June 28, 1995.
[[Page 66502]]
(1) If no corrosion is detected, prior to further flight, apply
a protective compound to the areas specified in the service
bulletin, in accordance with the service bulletin.
(2) If any corrosion 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.
(b) 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.
(c) 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.
(d) The actions shall be done in accordance with Aerospatiale
Service Bulletin ATR42-57-0044, dated May 30, 1995; or Aerospatiale
Service Bulletin ATR42-57-0044, Revision 1, dated June 28, 1995;
which contain the specified effective pages.
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Service bulletin referenced Revision level shown
and date Page No. on page Date shown on page
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ATR42-57-0044, May 30, 1995... 1-17.............................. Original............. May 30, 1995.
ATR42-57-0044, Revision 1, 1, 4, 6-8, 15-16.................. 1.................... June 28, 1995.
June 28, 1995.
2, 3, 5, 9-14, 17................. Original............. May 30, 1995.
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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 95-127-063(B), dated August 2, 1995.
(e) This amendment becomes effective on January 23, 1998.
Issued in Renton, Washington, on December 11, 1997.
Gilbert L. Thompson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-32999 Filed 12-18-97; 8:45 am]
BILLING CODE 4910-13-U
