[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