[Federal Register Volume 60, Number 141 (Monday, July 24, 1995)]
[Rules and Regulations]
[Pages 37810-37811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17030]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-100-AD; Amendment 39-9306; AD 95-15-03]
Airworthiness Directives; Aerospatiale Model ATR42 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 series airplanes.
This action requires replacement of the currently installed side brace
pins of the main landing gear (MLG) with new pins. This amendment is
prompted by a report of a ruptured pin on an in-service airplane. The
actions specified in this AD are intended to prevent failure of the
side brace pins and the subsequent collapse of the MLG.
DATES: Effective August 8, 1995. The incorporation by reference of
certain publications listed in the regulations is approved by the
Director of the Federal Register as of August 8, 1995.
Comments for inclusion in the Rules Docket must be received on or
before September 22, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-100-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
Aerospatiale Model ATR42 series airplanes. The DGAC advises that it has
received a report indicating that the side brace pin of the main
landing gear (MLG) ruptured on an in-service airplane. Investigation
revealed that the cause of the ruptured pin may be attributed to a
defect in the manufacturing process. The defective pins were improperly
dehydrogenated after they were chromium plated. This condition, if not
corrected, could result in failure of the side brace pins and the
subsequent collapse of the MLG.
The defective pins have been isolated and identified as those
installed on airplanes having manufacturer's serial numbers 121 through
125 inclusive, 128 through 139 inclusive, and 141 through 143
inclusive.
Avions de Transport Regional has issued Service Bulletin ATR42-32-
0070, dated April 3, 1995, which describes procedures for replacement
of the currently installed side brace pins of the MLG with new pins
having part number (P/N) S5357841320600. These replacement pins are not
susceptible to the rupture problems associated with the currently
installed pins. The French DGAC classified this service bulletin as
mandatory and issued French airworthiness directive 95-051-058(B),
dated March 15, 1995, in order to assure the continued airworthiness of
these airplanes in France. -
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 French DGAC has kept the FAA
informed of the situation described above. The FAA has examined the
findings of the French 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.
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 failure of the
side brace pins of the MLG. This AD requires replacement of the
currently installed side brace pins of the MLG with new pins. The
actions are required to be accomplished in accordance with the service
bulletin described previously.
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 rule to clarify this long-standing requirement.
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,
[[Page 37811]]
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 95-NM-100-AD.'' The postcard will be date stamped and
returned to the commenter.
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. 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:
95-15-03 Aerospatiale: Amendment 39-9306. Docket 95-NM-100-AD.
Applicability: Model ATR42 series airplanes having
manufacturer's serial numbers 121 through 125 inclusive, 128 through
139 inclusive, and 141 through 143 inclusive, 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 (c) 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 failure of the side brace pins and the subsequent
collapse of the main landing gear (MLG), accomplish the following:
(a) Prior to the accumulation of 6,000 total flight cycles on
the MLG pins or within 250 flight cycles after the effective date of
this AD, whichever occurs later, replace the currently installed
side brace pins of the MLG with new side brace pins having part
number (P/N) S5357841320600, in accordance with Avions de Transport
Regional Service Bulletin ATR42-32-0070, dated April 3, 1995.
(b) As of the effective date of this AD, only side brace pins of
the MLG having P/N S5357841320600 shall be installed on any
airplane.
(c) 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.
(d) 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.
(e) The replacement shall be done in accordance with Avions de
Transport Regional Service Bulletin ATR42-32-0070, dated April 3,
1995. 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.
(f) This amendment becomes effective on August 8, 1995.
Issued in Renton, Washington, on July 6, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-17030 Filed 7-21-95; 8:45 am]
BILLING CODE 4910-13-U