[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Proposed Rules]
[Pages 43335-43336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21657]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-175-AD]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Aerospatiale Model 
ATR42-300 and -320 series airplanes, that currently requires a one-time 
inspection of the main landing gear (MLG) actuator fitting bolt holes 
for correct alignment, and rework of the fitting surface and bolt 
replacement, if necessary. This action would require replacement of the 
MLG actuator fitting bolts with new, improved bolts. This action also 
would revise the applicability of the existing AD. This proposal is 
prompted by issuance of mandatory continuing airworthiness information 
by a foreign civil airworthiness authority. The actions specified by 
the proposed AD are intended to prevent failure of the MLG actuator 
fitting bolts, which could result in the inability to retract the MLG 
and attain an adequate climb gradient.

DATES: Comments must be received by September 14, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-175-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 AI(R) American Support, Inc., 13850 Mclearen Road, 
Herndon, Virginia 20171. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

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 98-NM-175-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. 98-NM-175-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On September 5, 1990, the FAA issued AD 90-19-06, amendment 39-6727 
(55 FR 37457, September 12, 1990), applicable to certain Aerospatiale 
Model ATR42-300 and ATR42-320 series airplanes, to require a one-time 
inspection of the main landing gear (MLG) actuator fitting bolt holes 
for correct alignment, and rework of the fitting surface and bolt 
replacement, if necessary. That AD also revises the applicability of 
another AD to add certain airplanes and to delete other airplanes that 
have been modified. That action was prompted by the issuance of new 
service information. The requirements of that AD are intended to 
prevent failure of the MLG actuator attachment fitting bolts, which 
could result in the inability to retract the MLG and attain an adequate 
climb gradient.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 90-19-06, the Direction Generale de 
l'Aviation Civile (DGAC), which is the airworthiness authority for 
France, notified the FAA that the actions required by that AD do not 
adequately preclude failure of the MLG actuator attachment fitting 
bolts, which could result in the inability to retract the MLG and 
attain an adequate climb gradient. The DGAC also advised that, since 
the MLG actuator attachment fitting bolts on Aerospatiale Model ATR42-
200 and -500 series airplanes are similar in design to those bolts 
installed on Aerospatiale Model ATR42-300 and -320 series airplanes, 
Model ATR42-200 and -500 series airplanes also are subject to the same 
unsafe condition.

Explanation of Relevant Service Information

    Additionally, since issuance of AD 90-19-06, the manufacturer has 
issued Avions de Transport Regional Service Bulletin ATR42-53-0112, 
dated January 20, 1998, which describes procedures for replacement of 
the MLG actuator fitting bolts with new bolts having a larger diameter. 
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 97-115-070(B)R1, dated February 11, 1998, in 
order to assure the continued airworthiness of these airplanes in 
France.

FAA's Conclusions

    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. 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,

[[Page 43336]]

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 supersede AD 90-19-06 to 
require replacement of the MLG actuator fitting bolts with new, 
improved bolts. This proposed AD also would revise the applicability of 
the existing AD. The actions would be required to be accomplished in 
accordance with the service bulletin described previously.

Cost Impact

    There are approximately 79 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The new replacement that is proposed in this AD action would take 
approximately 12 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would cost 
approximately $250 per airplane. Based on these figures, the cost 
impact of the proposed replacement of this AD on U.S. operators is 
estimated to be $76,630, or $970 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the current or 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 removing amendment 39-6727 (55 FR 
37457, eptember 12, 1990), and by adding a new airworthiness directive 
(AD), to read as follows:

Aerospatiale: Docket 98-NM-175-AD. Supersedes AD 90-19-06, Amendment 
39-6727.

    Applicability: Model ATR42-200, -300 -320, and -500 series 
airplanes; except for airplanes on which either Aerospatiale 
Modification 4052 or Avions de Transport Regional Service Bulletin 
ATR42-53-0097, dated November 7, 1997, or Revision 1, dated January 
20, 1997, 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 failure of the main landing gear (MLG) actuator 
fitting bolts, which could result in the inability to retract the 
MLG and attain an adequate climb gradient, accomplish the following:
    (a) Within 7 months after the effective date of this AD, replace 
the MLG actuator fitting bolts with new, improved bolts in 
accordance with Avions de Transport Regional Service Bulletin ATR42-
53-0112, dated January 20, 1998.
    (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, Manager, International Branch, ANM-
116, 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, 
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.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 97-115-070(B)R1, dated February 11, 1998.

    Issued in Renton, Washington, on August 6, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-21657 Filed 8-12-98; 8:45 am]
BILLING CODE 4910-13-P