[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)] [Proposed Rules] [Pages 6683-6685] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-3233] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 97-NM-266-AD] RIN 2120-AA64 Airworthiness Directives; Aerospatiale Model ATR42-200 and -300 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- 200 and -300 series airplanes. This proposal would require repetitive inspections for cracking of the lower skin panels of the outer wings; and repair, if necessary. This proposal also would require modification of the panels and a follow-on inspection to detect cracking of the modified areas, which would constitute terminating action for the repetitive inspections. This proposal is prompted by the issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The actions specified by the proposed AD are intended to prevent fatigue cracking of the lower skin panels of the outer wings, and consequent reduced structural integrity of the airplane. DATES: Comments must be received by March 12, 1998. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 97-NM-266-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. [[Page 6684]] 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 97-NM-266-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. 97-NM-266-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, notified the FAA that an unsafe condition may exist on certain Aerospatiale Model ATR 42-200 and -300 series airplanes. The DGAC advises that full-scale fatigue testing by the manufacturer has revealed damage of the lower skin panels of the outer wings at several rib junction attachments. Such fatigue cracking, if not detected and corrected in a timely manner, could result in reduced structural integrity of the airplane. Explanation of Relevant Service Information Aerospatiale has issued Service Bulletin ATR42-57-0040, dated April 21, 1994, which describes procedures for repetitive ultrasonic inspections for cracking of the lower skin panels of the outer wings at rib 14. Aerospatiale also has issued Service Bulletin ATR42-57-0038, Revision 2, dated December 18, 1997, which describes procedures for modification of the lower skin panels of the outer wings at ribs 13 and 14, and a follow-on high frequency eddy current (HFEC) inspection to detect cracking of the modified area. The modification involves expansion of some holes located between ribs 13 and 18 (left and right sides) to increase resistance of corresponding areas. Accomplishment of the modification and the HFEC inspection would eliminate the need for the repetitive ultrasonic inspections. The DGAC classified these service bulletins as mandatory. Additionally, the DGAC previously issued a French airworthiness directive [93-190-051(B), dated October 27, 1993] in order to assure the continued airworthiness of these airplanes in France. FAA's Conclusions 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 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 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 require accomplishment of the actions specified in the service bulletin described previously, except as described below. Differences Between the Proposed AD and the Related Service Information The proposed AD would differ from Aerospatiale Service Bulletins ATR42-57-0038 and ATR42-57-0040, described previously, in that the service bulletins recommend that any crack detected during an inspection be repaired in accordance with instructions requested from the manufacturer. However, the FAA has determined that the repair of any crack would be required to be accomplished in accordance with a method approved by the FAA. Cost Impact The FAA estimates that 101 airplanes of U.S. registry would be affected by this proposed AD. It would take approximately 4 work hours per airplane to accomplish the proposed ultrasonic inspection, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the ultrasonic inspection proposed by this AD on U.S. operators is estimated to be $24,240, or $240 per airplane, per inspection cycle. It would take approximately 280 work hours per airplane to accomplish the proposed modification, at an average labor rate of $60 per work hour. The cost of required parts could range from $1,576 to $6,373 per airplane. Based on these figures, the cost impact of the modification proposed by this AD on U.S. operators is estimated to be between $1,855,976 ($18,376 per airplane) and $2,340,473 ($23,173 per airplane). The cost impact figures discussed above are 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 [[Page 6685]] 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 97-NM-266-AD. Applicability: Model ATR42-200 and -300 series airplanes on which Aerospatiale Service Bulletins ATR42-57-0040, dated April 21, 1994, and ATR42-57-0038, Revision 2, dated December 18, 1997, have not 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 (c) 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 fatigue cracking of the lower skin panels of the outer wings between ribs 13 and 18, and consequent reduced structural integrity of the airplane, accomplish the following: (a) Prior to the accumulation of 25,500 total landings, or within 500 landings after the effective date of this AD, whichever occurs later, perform an ultrasonic inspection for cracking of the lower skin panels of the outer wings, in accordance with Aerospatiale Service Bulletin ATR42-57-0040, dated April 21, 1994. If any crack is detected, prior to further flight, repair it in accordance with a method approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate. Thereafter, repeat the inspection at intervals not to exceed 9,000 landings. (b) Prior to the accumulation of 32,500 total landings, or within 500 landings after the effective date of this AD, whichever occurs later, modify the lower skin panels of the outer wings, and perform a follow-on high frequency eddy current (HFEC) inspection for cracking of the modified areas, in accordance with Aerospatiale Service Bulletin ATR42-57-0038, Revision 2, dated December 18, 1997. If any crack is detected, prior to further flight, repair it in accordance with a method approved by the Manager, International Branch, ANM-116. Accomplishment of the modification and follow-on HFEC inspection constitutes terminating action for the repetitive ultrasonic inspection requirements of paragraph (a) of this AD. (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, International Branch, ANM-116. 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. (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. Note 3: The subject of this AD is addressed in French airworthiness directive 93-190-051(B), dated October 27, 1993. Issued in Renton, Washington, on February 3, 1998. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 98-3233 Filed 2-9-98; 8:45 am] BILLING CODE 4910-13-U