[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Rules and Regulations]
[Pages 27402-27403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12443]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-NM-48-AD; Amendment 39-9238; AD 95-11-04]
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 modification of the wiring in the
elevator controls and the pitch trim dissymmetry monitoring equipment.
This amendment is prompted by a report of loss of a propeller and
engine gearbox, which resulted in damage to the fuselage. There has
also been a report that a modification was implemented in the elevator
control cables during manufacture, which reduced the maximum physical
separation between the elevator controls and the monitoring equipment.
The actions specified by this AD are intended to prevent reduced
controllability of the airplane in the event that debris from an engine
burst or propeller failure were to strike the fuselage and sever the
elevator flight controls.
DATES: Effective June 23, 1995.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 23, 1995.
ADDRESSES: The service information referenced in this AD may be
obtained from Aerospatiale, 316 Route de Bayonee, 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: 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: 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 July 20, 1994 (59 FR 36998). That action proposed to require
modification of the wiring in the elevator controls and the pitch trim
dissymmetry monitoring equipment.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
The manufacturer requests that reference to a certain incident
involving a Model ATR42-300 series airplane be deleted from the
Discussion section of the preamble of the proposed rule. The
manufacturer states that the incident did not result in any damage to
flight controls and, therefore, should not be referred to in the final
rule. The FAA acknowledges that, since the incident was apparently not
connected with the flight controls, deletion of the reference to the
incident would be appropriate. However, since the Discussion section of
the preamble of the proposal does not reappear in the final rule, no
change to the final rule is necessary.
Another commenter requests that the compliance time to perform the
modification be extended from the proposed 3 months to 12 months. The
commenter states that investigation has shown that only 4% of all
affected operators have found any defective propellers. The commenter
states that detection of this small percentage of defective propellers
does not justify the urgency of a 3-month compliance time. The FAA
concurs with the commenter's request to extend the compliance time for
the modification requirements. The FAA's intent was that the
modifications be performed during a regularly scheduled maintenance
visit for the majority of the affected fleet, when the airplanes would
be located at a base where special equipment and trained personnel
would be readily available, if necessary. Based on the information
supplied by the commenter, the FAA now recognizes that 12 months
corresponds more closely to the interval representative of most of the
affected operators' normal maintenance schedules. Paragraph (a) of the
final rule has been revised to reflect a compliance time of 12 months.
The FAA does not consider that this extension will adversely affect
safety.
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 added to this final rule to clarify this long-standing
requirement.
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 previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
[[Page 27403]]
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 110 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 49 work hours per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. Required parts will be provided by the
manufacturer at no cost to operators. Based on these figures, the total
cost impact of the AD on U.S. operators is estimated to be $323,400, or
$2,940 per airplane.
The total 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.
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. 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:
95-11-04 Aerospatiale: Amendment 39-9238. Docket 94-NM-48-AD.
Applicability: Model ATR42-200, -300, and -320 series airplanes,
as listed in Aerospatiale Service Bulletins ATR42-27-0068 and ATR42-
27-0069, both dated January 25, 1994; 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 (b) 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.
To prevent reduced controllability of the airplane, accomplish
the following:
(a) Within 12 months after the effective date of this AD, modify
the wiring in the elevator controls and the pitch trim dissymmetry
monitoring equipment, in accordance with Aerospatiale Service
Bulletin ATR42-27-0068 or ATR42-27-0069, both dated January 25,
1994; as applicable.
(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 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
Secs. 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 ATR42-27-0068, dated January 25, 1994;
or Aerospatiale Service Bulletin ATR42-27-0069, dated January 25,
1994; as applicable. 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 Bayonee, 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 June 23, 1995.
Issued in Renton, Washington, on May 16, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-12443 Filed 5-23-95; 8:45 am]
BILLING CODE 4910-13-U
