[Federal Register Volume 62, Number 33 (Wednesday, February 19, 1997)] [Proposed Rules] [Pages 7384-7385] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-3967] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. 96-NM-141-AD] RIN 2120-AA64 Airworthiness Directives; Aerospatiale Model ATR42 and ATR72 Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: This document proposes the adoption of a new airworthiness directive (AD) that is applicable to certain Aerospatiale Model ATR42 and ATR72 series airplanes. This proposal would require modification of the handle of the passenger/crew door to change the ``down-to-open'' configuration of the handle to an ``up-to-open'' configuration. This proposal is prompted by a report indicating that, immediately after takeoff, the passenger/crew door opened and separated from the airplane, due to the inadvertent operation of the door handle. The actions specified by the proposed AD are intended to prevent inadvertent opening of the passenger/crew door during unpressurized flight, or delays in opening the door during an emergency evacuation. DATES: Comments must be received by March 31, 1997. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-103, Attention: Rules Docket No. 96-NM-141-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) 227-1149. 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 96-NM-141-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. 96-NM-141-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Discussion The FAA has received a report indicating that, immediately after takeoff, a passenger/crew door separated from an Aerospatiale Model ATR72 series airplane. Investigation revealed that the door may have separated from the airplane due to inadvertent operation of the door handle. That passenger/crew door had been modified (Aerospatiale Modification 04019) to change the normal closing position (``down-to- lock'') to a ``down-to-open'' configuration. Consequently, the FAA reviewed the operation of the door handle in the ``down-to-open'' configuration and has determined that the reversed direction of operation of a handle in this configuration may cause confusion during an emergency evacuation. Additionally, the normal ``up-to-open'' motion of a handle requires that deliberate action be taken to open the passenger/crew door, while the ``down-to-open'' motion of a door handle could permit inadvertent opening of the door by a person leaning or falling on the handle while the airplane is flying unpressurized. (Normal cabin pressurization during flight will prevent operation of the door handle.) The ``reversed'' configuration of the door handle, described above, could result in the inadvertent opening of the passenger/crew door during unpressurized flight, or delays in opening the door during an emergency evacuation. The configuration and operation of the handle of the passenger/crew door in Aerospatiale Model ATR72 series airplanes are similar in design to those [[Page 7385]] installed on the Aerospatiale Model ATR42 series airplanes; therefore, both of those models may be subject to this same unsafe condition. Explanation of Relevant Service Information Aerospatiale has released two Aerospatiale Service Bulletins ATR42- 52-0072 and ATR72-52-1040, both dated October 2, 1995, which describe procedures for modifying the ``down-to-open'' configuration of the handle of the passenger/crew door to an ``up-to-open'' configuration. If the airplane is flying unpressurized, this modification will prevent inadvertent opening of the door in flight by a person leaning or falling on the handle and, during an emergency evacuation, will eliminate any confusion concerning the direction in which the handle moves to an open position. U.S. Type Certification of the Airplane 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. 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 require modification of the handle of the passenger/crew door to change the ``down-to-open'' configuration to an ``up-to-open'' configuration. The actions would be required to be accomplished in accordance with the service bulletins described previously. Cost Impact The FAA estimates that 16 Aerospatiale Model ATR42 and ATR72 series airplanes of U.S. registry would be affected by this proposed AD, that it would take approximately 15 work hours per airplane to accomplish the proposed actions, and that the average labor rate is $60 per work hour. Required parts would be supplied by the manufacturer at no cost to the operators. Based on these figures, the cost impact of the proposed AD on U.S. operators is estimated to be $14,400, or $900 per airplane. The 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. 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 adding the following new airworthiness directive: Aerospatiale: Docket 96-NM-141-AD. Applicability: Model ATR42 and ATR72 series airplanes on which Aerospatiale Modification 04019 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 inadvertent opening of the passenger/crew door during unpressurized flight, or delays in opening the passenger/crew door during an emergency evacuation; accomplish the following: (a) Within 6 months after the effective date of this AD, modify the handle of the passenger/crew door by changing its configuration to an oup-to-openo configuration in accordance with Aerospatiale Service Bulletin ATR42-52-0072 (for Model ATR42 series airplanes), or ATR72-52-1040 (for Model ATR72 series airplanes), both dated October 2, 1995. (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 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 February 11, 1997. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 97-3967 Filed 2-18-97; 8:45 am] BILLING CODE 4910-13-U