[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Rules and Regulations]
[Pages 17670-17672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9343]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-107-AD; Amendment 39-10457; AD 98-08-08]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42-500 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Aerospatiale Model ATR42-500 series airplanes. 
This action requires a one-time inspection to verify the installation 
of certain stringer clips at the junction of frame 34 and stringer 6, 
and installation of stringer clips, if necessary. This amendment is 
prompted by issuance of mandatory continuing airworthiness information 
by a foreign civil airworthiness authority. The actions specified in 
this AD are intended to prevent fatigue cracking in the skin of the 
fuselage, which could result in loss of pressure inside the airplane.

DATES: Effective April 27, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 27, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before May 11, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-107-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: 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: 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 
ATR42-500 series airplanes. The DGAC advises that the manufacturer has 
reported that certain stringer clips were not installed during 
production on several in-service airplanes. The stringer clips are 
missing at the junction of frame 34 and stringer 6 of the fuselage. 
Without the installation of these clips, fatigue cracking may occur in 
the skin of the fuselage. This condition, if not corrected, could 
result in a loss of pressure inside the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued Aerospatiale Service Bulletin ATR42-

[[Page 17671]]

53-0103, dated September 23, 1996, which describes procedures for 
installing stringer clips at the junction of frame 34 and stringer 6, 
on the left and right side of the airplane. Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition. The DGAC classified this 
service bulletin as mandatory and issued French airworthiness directive 
96-132-065(B), dated July 3, 1996, 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 the 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, this AD is being issued to prevent fatigue 
cracking in the skin of the fuselage, which could result in loss of 
pressure inside the airplane. This AD requires accomplishment of the 
actions specified in the service bulletin described previously, except 
as described below.

Differences Between This AD, Foreign Airworthiness Directive, and 
Service Bulletin

    Operators should note that this AD differs from procedures 
described in the foreign airworthiness directive and the service 
bulletin in that it requires a one-time inspection to verify whether 
installation of the stringer clips at the junction of frame 34 and 
stringer 6 has been accomplished, and installation of the stringer 
clips on the condition that the clips are not already installed. The 
foreign airworthiness directive and the service bulletin specify only 
that the stringer clips be installed at the junction of frame 34 and 
stringer 6. The FAA has determined that because the possibility exists 
that installation of stringer clips at the junction of frame 34 and 
stringer 6 has already been accomplished, before installing stringer 
clips, operators should first conduct an inspection of the junction of 
frame 34 and stringer 6 to ensure that installation of such clips has 
not already been accomplished.

Cost Impact

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes included in the applicability of this rule 
currently are operated by non-U.S. operators under foreign registry; 
therefore, they are not directly affected by this AD action. However, 
the FAA considers that this rule is necessary to ensure that the unsafe 
condition is addressed in the event that any of these subject airplanes 
are imported and placed on the U.S. Register in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 6 work hours to 
accomplish the installation, if necessary, at an average labor rate of 
$60 per work hour. Required parts would be provided by the manufacturer 
at no cost to the operator. Based on these figures, the cost impact of 
this AD would be $360 per airplane.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and 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, 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 98-NM-107-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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:


[[Page 17672]]


    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:

98-08-08 Aerospatiale: Amendment 39-10457. Docket 98-NM-107-AD.

    Applicability: Model ATR42-500 series airplanes, as listed in 
Aerospatiale Service Bulletin ATR42-53-0103, dated September 23, 
1996; 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 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 fatigue cracking in the skin of the fuselage, which 
could result in loss of pressure inside the airplane, accomplish the 
following:
    (a) Within 3,000 flight cycles after the effective date of this 
AD, perform a one-time visual inspection to verify the installation 
of stringer clips at the junction of frame 34 and stringer 6, on the 
left and right side of the airplane.
    (1) If the stringer clips have been installed, no further action 
is required by this AD.
    (2) If any stringer clip has not been installed, prior to 
further flight, install the stringer clip, in accordance with 
Aerospatiale Service Bulletin ATR42-53-0103, dated September 23, 
1996.
    (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, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their request 
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.

    (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.
    (d) The installation shall be done in accordance with 
Aerospatiale Service Bulletin ATR42-53-0103, dated September 23, 
1996. 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.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 96-132-065(B), dated July 3, 1996.

    (e) This amendment becomes effective on April 27, 1998.

    Issued in Renton, Washington, on April 3, 1998.
Stewart R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-9343 Filed 4-9-98; 8:45 am]
BILLING CODE 4910-13-U