[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Proposed Rules]
[Pages 15084-15086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6999]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-NM-36-AD]
Airworthiness Directives; Aerospatiale Model ATR72-100 and -200
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain Model ATR72-100 and -200 series
airplanes, that would have required a one-time dye penetrant inspection
to detect cracking in certain hinge pins of the nose landing gear
(NLG), and replacement of cracked pins with crack-free pins. That
proposal was prompted by reports of cracking of certain hinge pins in
the NLG. This action revises the proposed rule by shortening the
compliance time to perform the inspection of the hinge pins of the NLG.
The actions specified by this proposed AD are intended to prevent
collapse of the NLG due to cracking of the hinge pins.
DATES: Comments must be received by May 1, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 94-NM-36-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056. Comments may be inspected at this location
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal
holidays.
The service information referenced in the proposed rule 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.
FOR FURTHER INFORMATION CONTACT: Sam Grober, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-1187; fax (206) 227-1320.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 94-NM-36-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules
Docket No. 94-NM-36-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain Aerospatiale Model ATR72-100 and -200 series airplanes, was
published as a notice of proposed rulemaking (NPRM) in the Federal
Register on May [[Page 15085]] 18, 1994 (59 FR 25846). That NPRM would
have required a one-time dye penetrant inspection to detect cracking in
certain hinge pins in the nose landing gear (NLG), and replacement of
cracked pins with crack-free pins. That NPRM was prompted by a report
that cracking has been found on the hinge pins during routine overhaul
of the NLG. That condition, if not corrected, could result in collapse
of the NLG due to cracking of the hinge pins.
Since the issuance of that NPRM, the FAA has received a comment
from the manufacturer that has caused the FAA to reconsider the
proposed compliance time to perform the inspection of the hinge pins of
the NLG. Aerospatiale requests that the proposed compliance time of
10,000 landings be shortened to 1,000 landings for airplanes that have
accumulated 10,000 or more total landings, and 1,500 landings for
airplanes that have accumulated less than 10,000 total landings.
Aerospatiale suggests that the proposed compliance time may be too long
for these airplanes to fly with a potential for the NLG to collapse due
to cracking of the hinge pins. The commenter's suggested compliance
time would allow older airplanes that are at greater risk to be
inspected earlier, while newer airplanes that pose a lower risk would
be inspected later. Further, this staggered compliance time would allow
the manufacturer additional time to produce an adequate number of
replacement pins.
The FAA concurs. The FAA has reconsidered the compliance time for
performing the inspection of the hinge pins of the NLG and finds that
the compliance time must be shortened based upon the degree of urgency
associated with addressing the subject unsafe condition and the
availability of replacement pins. Therefore, the FAA finds that to
ensure safety of the fleet, the compliance time for paragraph (a) must
be shortened. For airplanes that have accumulated 10,000 or more total
landings, the compliance time has been shortened to 1,000 landings; and
for airplanes that have accumulated less than 10,000 total landings,
the compliance time has been shortened to 1,500 landings. (This change
has necessitated the reitemization of the paragraphs. Paragraphs (b)
and (c) were formerly identified in the proposal as paragraphs (a)(1)
and (a)(2).)
Since this change in the proposed compliance times expands the
scope of the originally proposed rule, the FAA has determined that it
is necessary to reopen the comment period to provide additional
opportunity for public comment.
As a result of recent communications with the Air Transport
Association (ATA) of America, the FAA has learned that, in general,
some operators may misunderstand the legal effect of AD's on airplanes
that are identified in the applicability provision of the AD, but that
have been altered or repaired in the area addressed by the AD. The FAA
points out that all airplanes identified in the applicability provision
of an AD are legally subject to the AD. If an airplane has been altered
or repaired in the affected area in such a way as to affect compliance
with the AD, the owner or operator is required to obtain FAA approval
for an alternative method of compliance with the AD, in accordance with
the paragraph of each AD that provides for such approvals. A note has
been included in this notice to clarify this requirement.
The FAA has recently reviewed the figures it has used over the past
several years in calculating the economic impact of AD activity. In
order to account for various inflationary costs in the airline
industry, the FAA has determined that it is necessary to increase the
labor rate used in these calculations from $55 per work hour to $60 per
work hour. The economic impact information, below, has been revised to
reflect this increase in the specified hourly labor rate.
The FAA estimates that 28 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 6 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Based on these figures, the
total cost impact of the proposed AD on U.S. operators is estimated to
be $10,080, or $360 per airplane.
The total cost impact figure discussed above is based on
assumptions that no operator has yet accomplished any of the proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted.
The regulations proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive: AEROSPATIALE: Docket 94-NM-36-AD.
Applicability: Model ATR72-100 and -200 series airplanes
equipped with hinge pins installed at the nose landing gear (NLG)
that are manufactured by Nardi, have part number D56867, and have
serial numbers beginning with the letter ``N''; certificated in any
category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
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 use the authority
provided in paragraph (e) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition; or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously. [[Page 15086]]
To prevent collapse of the NLG due to cracking of the hinge
pins, accomplish the following:
(a) Perform a dye penetrant inspection to detect cracking in the
hinge pins of the NLG in accordance with Avions de Transport
Regional Service Bulletin ATR72-32-1021, dated January 17, 1994, at
the time specified in either paragraph (a)(1) or (a)(2) or this AD,
as applicable.
(1) For airplanes that have accumulated 10,000 total landings or
more as of the effective date of this AD: Within 1,000 landings
after the effective date of this AD.
(2) For airplanes that have accumulated less than 10,000 total
landings as of the effective date of this AD: Within 1,500 landings
after the effective date of this AD.
(b) If no cracking is found, prior to further flight, reinstall
that hinge pin in accordance with Avions de Transport Regional
Service Bulletin ATR72-32-1021, dated January 17, 1994.
(c) If cracking is found, prior to further flight, install a new
hinge pin or a pin that has been previously inspected and found to
be crack-free, in accordance with the Avions de Transport Regional
Service Bulletin ATR72-32-1021, dated January 17, 1994.
(d) As of the effective date of this AD, no hinge pin
manufactured by Nardi having part number D56867 and any serial
number beginning with the letter ``N,'' shall be installed on the
NLG of any airplane, unless that pin has been previously inspected
and has been found to be crack-free, in accordance Avions de
Transport Regional Service Bulletin ATR72-32-1021, dated January 17,
1994.
(e) 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 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.
(f) 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.
Issued in Renton, Washington, on March 16, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-6999 Filed 3-21-95; 8:45 am]
BILLING CODE 4910-13-U
