[Federal Register Volume 61, Number 8 (Thursday, January 11, 1996)]
[Proposed Rules]
[Pages 1015-1017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-394]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-84-AD]


Airworthiness Directives; Aerospatiale Model ATR42 Series 
Airplanes and Model ATR72 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all Aerospatiale Model ATR42 
series airplanes and Model ATR72 series airplanes. This proposal would 
require replacement of the attachment clips on the wing-to-fuselage 
fairings and on the upper cowlings of the engine nacelle with new 
improved attachment clips. This proposal also would require adding cup 
washers on the wing-to-fuselage fairing panels on certain airplanes. 
This proposal is prompted by a report of deformed attachment clips 
found on the wing-to-fuselage fairings and on the upper cowlings of the 
engine nacelle. The actions specified by the proposed AD are intended 
to prevent deformation of the attachment clips due to insufficient 
strength of the attachment clip material. Such deformation of the 
attachment clips could result in the fairings and cowlings detaching 
from the airplane during flight and subsequently causing damage to the 
empennage or posing a hazard to persons or property on the ground.

DATES: Comments must be received by February 20, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-84-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 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.

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) 227-1320.

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 

[[Page 1016]]
postcard on which the following statement is made: ``Comments to Docket 
Number 95-NM-84-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-103, Attention: Rules 
Docket No. 95-NM-84-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    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 and Model ATR72 series airplanes. The DGAC advises that it 
has received a report of deformed attachment clips found on the wing-
to-fuselage fairings and on the upper cowlings of the engine nacelle. 
Investigation has revealed that the attachment clips were deformed due 
to insufficient strength of the attachment clip material. This 
condition, if not corrected, could result in the fairings and cowlings 
detaching from the airplane in flight, and subsequently causing damage 
to the empennage. Such items departing the airplane could also pose a 
hazard to persons and property on the ground.
    Aerospatiale has issued Service Bulletins ATR42-53-0081, Revision 
1, dated December 9, 1994 (for Model ATR42 series airplanes) and ATR72-
53-1043, Revision 1, dated December 9, 1994 (for Model ATR72 series 
airplanes). These service bulletins describe procedures for replacing 
the existing attachment clips on the wing-to-fuselage fairings and on 
the upper cowlings of the engine nacelle with new clips that are 
manufactured with an improved material; this will prevent deformation 
of the clips. The DGAC classified these service bulletins as mandatory 
and issued French airworthiness directives 94-162-056(B), dated July 6, 
1994 (for Model ATR42 series airplanes); and 94-161-021(B), dated July 
6, 1994 (for Model ATR72 series airplanes), in order to assure the 
continued airworthiness of these airplanes in France.
    Aerospatiale also issued Service Bulletins ATR42-53-0082, dated 
June 6, 1994 (for Model ATR42 series airplanes); and ATR72-53-1044, 
dated June 6, 1994 (for Model ATR72 series airplanes). These service 
bulletins describe procedures for adding cup washers under the fastener 
countersunk holes, which improve the panel bonding. These service 
bulletins also describe replacing the clip system with a system 
equipped with a spring which causes screw head misalignment when the 
screws are not tightened, which will enable checking to ensure correct 
installation of these parts. The DGAC has approved these service 
bulletins, but has not classified them as mandatory.
    Those 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, reviewed all available information, and determined that AD 
action is necessary for products of those type designs 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 designs registered 
in the United States, the proposed AD would require replacement of the 
existing attachment clips on the wing-to-fuselage fairings and on the 
engine nacelle upper cowlings with new and improved attachment clips 
for certain airplanes. The proposed AD would also require adding cup 
washers under the fastener countersunk holes, as well as, replacement 
of the existing attachment clips on the wing-to-fuselage fairings and 
on the engine nacelle upper cowlings with new and improved attachment 
clips for certain other airplanes. The actions would be required to be 
accomplished in accordance with the service bulletins described 
previously.
    Operators should note that the applicability of this proposed 
action would include certain additional airplanes that are not 
addressed in the corresponding French airworthiness directives, 
described previously. The FAA has included these additional airplanes 
since it has determined that the unsafe condition described in this 
proposed rulemaking action is likely to exist or develop on these 
airplanes.
    The FAA estimates that 145 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 20 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. The manufacturer would provide 
required parts at no cost to the operators. Based on these figures, the 
total cost impact of the proposed AD on U.S. operators is estimated to 
be $174,000, or $1,200 per airplane.
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    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), 40101, 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Aerospatiale: Docket 95-NM-84-AD.

    Applicability: All Model ATR42 series airplanes and Model ATR72 
series airplanes, certificated in any category. 

[[Page 1017]]

    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 use the authority 
provided in paragraph (f) of this AD 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 deformation of the attachment clips on the wing-to-
fuselage fairings and on the upper cowlings of the engine nacelle, 
which could result in the fairings and cowlings detaching from the 
airplane during flight and subsequently causing damage to the 
empennage or posing a hazard to persons or property on the ground, 
accomplish the following:
    (a) For Model ATR42 series airplanes on which Modification 2601 
(Aerospatiale Service Bulletin ATR42-53-0063) has been installed: 
Within 9 months after the effective date of this AD, replace the 
existing attachment clips at the wing-to-fuselage fairings and the 
engine nacelle upper cowlings with new attachment clips, in 
accordance with Aerospatiale Service Bulletin ATR42-53-0081, 
Revision 1, dated December 9, 1994.
    (b) For Model ATR42 series airplanes on which Modification 2601 
(Aerospatiale Service Bulletin ATR42-53-0063) has not been 
installed: Within 9 months after the effective date of this AD, 
install cup washers (NAS1169C10) on the wing-to-fuselage fairing 
panels and replace the existing attachment clips at the wing-to-
fuselage fairings and the engine nacelle upper cowlings with new 
attachment clips, in accordance with Aerospatiale Service Bulletin 
ATR42-53-0082, dated June 6, 1994.
    (c) For Model ATR72 series airplanes on which Modification 2601 
(Aerospatiale Service Bulletin ATR72-53-1008) has been installed: 
Within 9 months after the effective date of this AD, replace the 
existing attachment clips at the wing-to-fuselage fairings and the 
engine nacelle upper cowlings with new attachment clips, in 
accordance with Aerospatiale Service Bulletin ATR72-53-1043, 
Revision 1, dated December 9, 1994.
    (d) For Model 72 series airplanes on which Modification 2601 
(Aerospatiale Service Bulletin ATR72-53-1008) has not been 
installed: Within 9 months after the effective date of this AD, 
install cup washers (NAS1169C10) on the wing-to-fuselage fairing 
panels and replace the existing attachment clips at the wing-to-
fuselage fairings and the engine nacelle upper cowlings with new 
attachment clips, in accordance with Aerospatiale Service Bulletin 
ATR72-53-1044, dated June 6, 1994.
    (e) As of the effective date of this AD, no person shall install 
an attachment clip, part number S5391010000000 or part number 
S5391009400000, on any airplane.
    (f) 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.
    (g) 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.

    Issued in Renton, Washington, on January 4, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-394 Filed 1-10-96; 8:45 am]
BILLING CODE 4910-13-U