[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Proposed Rules]
[Pages 43335-43336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21657]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-175-AD]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale Model ATR42 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to certain Aerospatiale Model
ATR42-300 and -320 series airplanes, that currently requires a one-time
inspection of the main landing gear (MLG) actuator fitting bolt holes
for correct alignment, and rework of the fitting surface and bolt
replacement, if necessary. This action would require replacement of the
MLG actuator fitting bolts with new, improved bolts. This action also
would revise the applicability of the existing AD. This proposal is
prompted by issuance of mandatory continuing airworthiness information
by a foreign civil airworthiness authority. The actions specified by
the proposed AD are intended to prevent failure of the MLG actuator
fitting bolts, which could result in the inability to retract the MLG
and attain an adequate climb gradient.
DATES: Comments must be received by September 14, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-175-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 AI(R) American Support, Inc., 13850 Mclearen Road,
Herndon, Virginia 20171. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
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:
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 98-NM-175-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-114, Attention: Rules
Docket No. 98-NM-175-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On September 5, 1990, the FAA issued AD 90-19-06, amendment 39-6727
(55 FR 37457, September 12, 1990), applicable to certain Aerospatiale
Model ATR42-300 and ATR42-320 series airplanes, to require a one-time
inspection of the main landing gear (MLG) actuator fitting bolt holes
for correct alignment, and rework of the fitting surface and bolt
replacement, if necessary. That AD also revises the applicability of
another AD to add certain airplanes and to delete other airplanes that
have been modified. That action was prompted by the issuance of new
service information. The requirements of that AD are intended to
prevent failure of the MLG actuator attachment fitting bolts, which
could result in the inability to retract the MLG and attain an adequate
climb gradient.
Actions Since Issuance of Previous Rule
Since the issuance of AD 90-19-06, the Direction Generale de
l'Aviation Civile (DGAC), which is the airworthiness authority for
France, notified the FAA that the actions required by that AD do not
adequately preclude failure of the MLG actuator attachment fitting
bolts, which could result in the inability to retract the MLG and
attain an adequate climb gradient. The DGAC also advised that, since
the MLG actuator attachment fitting bolts on Aerospatiale Model ATR42-
200 and -500 series airplanes are similar in design to those bolts
installed on Aerospatiale Model ATR42-300 and -320 series airplanes,
Model ATR42-200 and -500 series airplanes also are subject to the same
unsafe condition.
Explanation of Relevant Service Information
Additionally, since issuance of AD 90-19-06, the manufacturer has
issued Avions de Transport Regional Service Bulletin ATR42-53-0112,
dated January 20, 1998, which describes procedures for replacement of
the MLG actuator fitting bolts with new bolts having a larger diameter.
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 97-115-070(B)R1, dated February 11, 1998, in
order to assure the continued airworthiness of these airplanes in
France.
FAA's Conclusions
These airplane models are manufactured in France and are 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,
[[Page 43336]]
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 Proposed 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, the proposed AD would supersede AD 90-19-06 to
require replacement of the MLG actuator fitting bolts with new,
improved bolts. This proposed AD also would revise the applicability of
the existing AD. The actions would be required to be accomplished in
accordance with the service bulletin described previously.
Cost Impact
There are approximately 79 airplanes of U.S. registry that would be
affected by this proposed AD.
The new replacement that is proposed in this AD action would take
approximately 12 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. Required parts would cost
approximately $250 per airplane. Based on these figures, the cost
impact of the proposed replacement of this AD on U.S. operators is
estimated to be $76,630, or $970 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the current or proposed
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 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. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-6727 (55 FR
37457, eptember 12, 1990), and by adding a new airworthiness directive
(AD), to read as follows:
Aerospatiale: Docket 98-NM-175-AD. Supersedes AD 90-19-06, Amendment
39-6727.
Applicability: Model ATR42-200, -300 -320, and -500 series
airplanes; except for airplanes on which either Aerospatiale
Modification 4052 or Avions de Transport Regional Service Bulletin
ATR42-53-0097, dated November 7, 1997, or Revision 1, dated January
20, 1997, has been accomplished; 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 failure of the main landing gear (MLG) actuator
fitting bolts, which could result in the inability to retract the
MLG and attain an adequate climb gradient, accomplish the following:
(a) Within 7 months after the effective date of this AD, replace
the MLG actuator fitting bolts with new, improved bolts in
accordance with Avions de Transport Regional Service Bulletin ATR42-
53-0112, dated January 20, 1998.
(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, Manager, International Branch, ANM-
116, 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,
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.
Note 3: The subject of this AD is addressed in French
airworthiness directive 97-115-070(B)R1, dated February 11, 1998.
Issued in Renton, Washington, on August 6, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-21657 Filed 8-12-98; 8:45 am]
BILLING CODE 4910-13-P
