[Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
[Rules and Regulations]
[Pages 7934-7936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4103]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 97-NM-30-AD; Amendment 39-9939; AD 97-04-14]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale Model ATR42-200, -300, and
-320 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain Aerospatiale Model ATR42-200, -300, and -320
series airplanes. This action requires modification of the electrical
wiring of the stick pusher/shaker test function to reinforce system
protection. This amendment is prompted by a report of at least one
occurrence when the stick pusher self-activated during flight. The
actions specified in this AD are intended to prevent inadvertent
activation of the stick pusher, which could cause reduced
controllability of the airplane, especially during takeoff or landing.
DATES: Effective March 10, 1997.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 10, 1997.
Comments for inclusion in the Rules Docket must be received on or
before April 22, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 97-NM-30-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
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 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.
FOR FURTHER INFORMATION CONTACT: Gary Lium, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-1112; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile
(DGAC), which is the airworthiness authority for France, recently
notified the FAA that an unsafe condition may exist on certain Model
ATR42-200, -300, and -320 series airplanes. The DGAC advises of at
least one occurrence of the inadvertent activation of the stick pusher
test function. An electrical fault could be the cause of this anomaly;
however, at this time, the exact cause is not known. This condition, if
not corrected, could result in self-activation of the stick pusher
during flight, which would cause reduced controllability of the
airplane, especially during takeoff or landing.
[[Page 7935]]
Explanation of Relevant Service Information
Aerospatiale has issued Service Bulletin ATR42-27-0083, dated
November 22, 1996, which describes procedures for modifying the
electrical wiring for the stick pusher/shaker test function. This
modification is identified in the service bulletin as 04700. After
modification, a functional test is performed to ensure proper system
operation. The DGAC classified this service bulletin as mandatory and
issued French airworthiness directive (CN) 96-256-068(B), dated
November 6, 1996, in order to assure the continued airworthiness of
these airplanes in France.
FAA's Conclusions
This airplane model is manufactured in France and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. The FAA has examined the findings of
the DGAC, reviewed all available information, and determined that AD
action is necessary for products of this type design that are
certificated for operation in the United States.
Explanation of Requirements of Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to prevent the stick
pusher from self-activating during flight. This AD requires modifying
the electrical wiring for the stick pusher/shaker test function. The
actions are required to be accomplished in accordance with the service
bulletin described previously.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 97-NM-30-AD.'' The postcard will be date stamped and
returned to the commenter.
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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ''significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, 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:
97-04-14 Aerospatiale: Amendment 39-9939. Docket 97-NM-30-AD.
Applicability: Model ATR42-200, -300, and -320 series airplanes;
having serial numbers up to and including 414, but excluding serial
number 403; and on which Modification 04700 has not been
incorporated; 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 prevent self-activation of the stick pusher/shaker test
function, accomplish the following:
(a) Within 60 days after the effective date of the AD, modify
the electrical wiring for the stick pusher/shaker test function by
installing Modification 04700 in accordance with Aerospatiale
Service Bulletin ATR42-27-0083, dated November 22, 1966. After the
modification is completed, prior to further flight, conduct
functional testing in accordance with the service bulletin.
(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, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an
[[Page 7936]]
appropriate FAA Principal Maintenance Inspector, who may add
comments and then send it to the Manager, Standardization Branch,
ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(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 modification shall be done in accordance with
Aerospatiale Service Bulletin ATR42-27-0083, dated November 22,
1996. 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.
(e) This amendment becomes effective on March 10, 1997.
Issued in Renton, Washington, on February 12, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-4103 Filed 2-20-97; 8:45 am]
BILLING CODE 4910-13-U
