[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Rules and Regulations]
[Pages 16107-16109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8565]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-48-AD; Amendment 39-10447; AD 98-07-25]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale Model ATR42-500 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),
applicable to certain Aerospatiale Model ATR42-500 series airplanes.
This action requires a one-time inspection to measure the gap between
the lower fairing of the rudder horn and the vertical stabilizer, and
corrective action, if necessary. This amendment is prompted by issuance
of mandatory continuing airworthiness information by a foreign civil
airworthiness authority. The actions specified in this AD are intended
to prevent interference between the rudder horn and the vertical
stabilizer, which could cause the rudder to jam, and consequent reduced
controllability of the airplane.
DATES: Effective April 17, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 17, 1998.
Comments for inclusion in the Rules Docket must be received on or
before May 4, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-48-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: 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: The Direction Generale de l'Aviation Civile
(DGAC), which is the airworthiness authority for France, notified the
FAA that an unsafe condition may exist on certain Aerospatiale Model
ATR42-500 series airplanes. The DGAC advises that interference between
the lower fairing of the rudder horn and the vertical stabilizer has
been found on an in-service airplane. Because this condition has been
traced to quality control problems that occurred during manufacture,
similar interference may exist on other airplanes of this type. Such
interference, if not detected and corrected, could cause the rudder to
jam, which could result in reduced controllability of the airplane.
Explanation of Relevant Service Information
Aerospatiale has issued Service Bulletin ATR42-55-0007, dated
November 13, 1997, which describes procedures for performing a one-time
visual inspection to measure whether the gap between the lower fairing
of the rudder horn and the vertical stabilizer is within certain
specified limits. Accomplishment of the actions specified in the
service bulletin is intended to adequately address the identified
unsafe condition. The DGAC classified this service bulletin as
mandatory and issued French airworthiness directive 97-328-072(B)R1,
dated November 19, 1997, 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 21.19) 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 the 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 interference
between the rudder horn and the vertical stabilizer, which could cause
the rudder to jam, consequent reduced controllability of the airplane.
This AD requires accomplishment of the actions specified in the service
bulletin described previously, except as discussed below.
Differences Between the AD and Service Bulletin
Operators should note that, although the service bulletin specifies
that the manufacturer may be contacted for disposition of inspection
results that are outside certain specified limits, this AD requires the
repair of such conditions to be accomplished in accordance with a
method approved by the FAA.
In addition, unlike the procedure described in the service
bulletin, this AD would not permit further flight on
[[Page 16108]]
an interim basis following removal of the rudder fairing. The FAA has
determined that, because of the safety implications and possible
aerodynamic or airplane performance consequences associated with flight
with the rudder fairing removed, any gap between the lower fairing of
the rudder horn and the vertical stabilizer that is outside the
specified limits must be repaired or modified prior to further flight,
in accordance with a method approved by the FAA.
Cost Impact
None of the airplanes affected by this action are on the U.S.
Register. All airplanes included in the applicability of this rule
currently are operated by non-U.S. operators under foreign registry;
therefore, they are not directly affected by this AD action. However,
the FAA considers that this rule is necessary to ensure that the unsafe
condition is addressed in the event that any of these subject airplanes
are imported and placed on the U.S. Register in the future.
Should an affected airplane be imported and placed on the U.S.
Register in the future, it would require approximately 5 work hours to
accomplish the required actions, at an average labor rate of $60 per
work hour. Based on these figures, the cost impact of this AD would be
$300 per airplane.
Determination of Rule's Effective Date
Since this AD action does not affect any airplane that is currently
on the U.S. register, it has no adverse economic impact and imposes no
additional burden on any person. Therefore, prior notice and public
procedures hereon are unnecessary and the amendment may be made
effective in less than 30 days after publication in the Federal
Register.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by notice and 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 98-NM-48-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.
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:
98-07-25 Aerospatiale: Amendment 39-10447. Docket 98-NM--48-AD.
Applicability: Model ATR42-500 series airplanes, as listed in
Aerospatiale Service Bulletin ATR42-55-0007, dated November 13,
1997; 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 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 interference between the rudder horn and the vertical
stabilizer, which could cause the rudder to jam, and consequent
reduced controllability of the airplane, accomplish the following:
(a) Within 60 days after the effective date of this AD, measure
the gap between the lower fairing of the rudder horn and the
vertical stabilizer, in accordance with Aerospatiale Service
Bulletin ATR42-55-0007, dated November 13, 1997.
(1) If the gap is within the limits specified in the service
bulletin, no further action is required by this AD.
(2) If the gap is outside the limits specified in the service
bulletin, prior to further flight, modify the lower fairing of the
rudder horn, 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
[[Page 16109]]
21.197 and 21.199) to operate the airplane to a location where the
requirements of this AD can be accomplished.
(d) The inspection shall be done in accordance with Aerospatiale
Service Bulletin ATR42-55-0007, dated November 13, 1997. 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 97-328-072(B)R1, dated November 19, 1997.
(e) This amendment becomes effective on April 17, 1998.
Issued in Renton, Washington, on March 26, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-8565 Filed 4-1-98; 8:45 am]
BILLING CODE 4910-13-U
