[Federal Register Volume 65, Number 173 (Wednesday, September 6, 2000)]
[Rules and Regulations]
[Pages 53897-53899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21998]



[[Page 53897]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-270-AD; Amendment 39-11883; AD 2000-17-09]
RIN 2120-AA64


Airworthiness Directive; Aerospatiale Model ATR42-300, -300, and 
-320 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Aerospatiale Model ATR42-200, -300, and -320 series 
airplanes, that requires revising the Airworthiness Limitations Section 
of the Instructions for Continued Airworthiness to incorporate life 
limits for certain items and inspections to detect fatigue cracking in 
certain structures. This amendment is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified by this AD are intended to ensure that 
fatigue cracking of certain structural elements is detected and 
corrected; such fatigue cracking could adversely affect the structural 
integrity of these airplanes.

DATES: Effective October 11, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 11, 2000.

ADDRESSES: 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 Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all Aerospatiale Model ATR42 
series airplanes was published in the Federal Register on August 3, 
1999 (64 FR 42052). That action proposed to require a revision to the 
Airworthiness Limitations Section of the Instructions for Continued 
Airworthiness to incorporate inspections to detect fatigue cracking in 
certain structure, inspection intervals, and life limits for certain 
items.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Necessity for Rulemaking

    One commenter, an operator, questions the need to issue the 
proposed AD. The commenter notes that a listing of airworthiness 
limitations is required for type certification, as specified by section 
25.1529 of the Federal Aviation Regulations (14 CFR 25.1529) and 
Appendix H, paragraph H25.4. The commenter states that this listing is 
included in its Operations Specifications, and that such specifications 
would never be approved with any airworthiness limitations that were 
beyond the limits specified by the manufacturer. In light of this, the 
commenter considers the actions required by the proposed rule to be 
redundant.
    The FAA infers that the commenter requests that the proposed AD be 
withdrawn. The FAA does not concur. As stated in the proposed AD, all 
products certificated to comply with the airworthiness standards 
requiring ``damage tolerance assessments'' must have Instructions for 
Continued Airworthiness (or, for some products, maintenance manuals), 
that include an Airworthiness Limitations Section (ALS).
    Based on in-service data or post-certification testing and 
evaluation, the manufacturer may revise the ALS to include new or more 
restrictive life limits and structural inspections, or it may become 
necessary for the FAA to impose new or more restrictive life limits and 
structural inspections, in order to ensure continued structural 
integrity and continued compliance with damage tolerance requirements. 
However, to require compliance with these new inspection requirements 
and life limits for previously certificated airplanes, the FAA must 
engage in rulemaking; namely, the issuance of an AD. Because loss of 
structural integrity would constitute an unsafe condition, it is 
appropriate to impose such requirements through the AD process. 
Although prudent operators already may have incorporated the latest 
revisions of the ALS, issuance of this AD ensures that all operators 
take appropriate action to correct the identified unsafe condition.
    The practice of requiring a revision to the ALS, rather than 
requiring individual inspections, has been used for several years and 
is not a novel or unique procedure. The FAA finds that requiring ALS 
revisions is advantageous for operators because it allows them to 
record AD compliance status only once--at the time they make the 
revision--rather than after every inspection. It also has the advantage 
of keeping all airworthiness limitations, whether imposed by original 
certification or by the requirements of an AD, in one place within the 
operator's maintenance program, thereby reducing the risk of non-
compliance because of oversight or confusion. In addition, for a large 
fleet of airplanes with several small operators, it is possible that 
operators may not receive revisions to the ALS documents. The AD 
process ensures that these operators are aware of the revisions to the 
ALS. No change is made to the final rule.

Request to Include Certification Maintenance Requirements Tasks

    One commenter, the manufacturer, states that the ``Time Limits'' 
section of the Maintenance Planning Document (MPD) also includes 
Certification Maintenance Requirements (CMR) tasks that are applicable 
to the equipment and systems and are necessary to maintain the 
certificated standard level of airworthiness. The commenter suggests 
that a paragraph be added to the proposed AD to require accomplishment 
of the CMR tasks.
    The FAA does not concur. Although the FAA agrees that 
accomplishment of CMR tasks is necessary to maintain these airplanes in 
an airworthy condition, the necessity for those actions is based on 
statistical safety analyses of various airplane systems prior to 
issuance of an airplane Type Certificate (TC). Thus, CMR tasks are 
undertaken for a different purpose than are the actions required by 
this AD, and are intended to address a different unsafe condition than 
is addressed in this AD. However, if CMR tasks are added, or made more 
restrictive, following issuance of the TC, the FAA will consider 
separate rulemaking action to require accomplishment of those 
additional actions. No change to the final rule is necessary.

[[Page 53898]]

Revisions to Service Information

    Two commenters advise the FAA that the ATR42 MPD has been reissued 
as two separate documents, one applicable to Model ATR42-200, -300, and 
-320 series airplanes, and the other applicable to Model ATR42-500 
series airplanes. One commenter suggests that, since the ``Time 
Limits'' section of the MPD for ATR42-500 airplanes may be changed 
independently of the other document, the actions in the proposed AD 
should be separated to reflect the separate documents and revision 
levels. In addition, these commenters state that Revision 3 of each of 
these ``Time Limits'' sections was issued in February 1999. The 
manufacturer also advises that Revision 4 of the ``Time Limits'' 
section for Model ATR42-200, -300, and -320 series airplanes, dated 
July 1999, is in the process of review and approval by the appropriate 
airworthiness authorities. The manufacturer suggests that issuance of 
the final rule be delayed until approval of this latest revision is 
granted.
    The FAA has received and reviewed the latest revisions of the 
service information. Revision 2 of the ``Time Limits'' section, dated 
January 1997, was referenced in the proposed AD as the appropriate 
source of service information for all Model ATR42 series airplanes. 
Revision 4 of the ``Time Limits'' section for Model ATR42-200, -300, 
and -320 series airplanes, dated July 1999, differs from Revision 2 in 
that a life limit for certain equipment is removed, and a note is added 
to clarify the compliance threshold for a structural inspection. The 
FAA has determined that the actions required by this AD must be 
accomplished in accordance with Revision 4 of the ``Time Limits'' 
section of the MPD for these airplanes, and has revised the final rule 
accordingly. Since Revision 4 imposes no additional burden on operators 
of Model ATR42-200, -300, and -320 series airplanes beyond the action 
specified in Revision 2, additional notice and opportunity for public 
comment is not considered necessary.
    However, Revision 3 of the ``Time Limits'' section for Model ATR42-
500 series airplanes, dated February 1999, adds new inspections and 
life limits for those airplanes. Therefore, the FAA has determined that 
revision to the Airworthiness Limitations Section of the Instructions 
for Continued Airworthiness for Model ATR42-500 series airplanes should 
be addressed in separate rulemaking action, and has limited the 
applicability of this AD to Model ATR42-200, -300, and -320 series 
airplanes only. The Cost Impact paragraph, below, has also been revised 
to reflect the reduced number of airplanes affected by this AD.

Use of Subsequent Service Information Revisions

    One commenter requests that the FAA revise the proposed AD to refer 
to the current revision of the ``Time Limits'' section of the MPD, ``or 
later approved revisions.''
    The commenter suggests that only referring to the current revision 
in the AD may lead to confusion about the validity of subsequent 
revisions.
    The FAA does not concur. To use the phrase ``or later approved 
revisions'' in an AD when referring to future revisions of service 
information violates Office of the Federal Register (OFR) regulations 
regarding approval of materials that are ``incorporated by reference'' 
in rules. The AD may only refer to the service information that was 
submitted and approved by the OFR for ``incorporation by reference.'' 
For operators to use later revisions of the service information, either 
the FAA must revise the AD to reference the specific later revisions, 
or operators must request approval of any later revisions as 
alternative methods of compliance with this AD. No change to the AD is 
necessary in this regard.

MPD Section Reference

    Two commenters state that, although the ``Time Limits'' section of 
the MPD is incorrectly referenced in the proposed AD as Section 9, the 
correct reference is Section 13. The FAA acknowledges the correction. 
However, the FAA has removed the reference to the exact section of the 
``Time Limits'' section of the MPD in paragraph (a) of this AD to avoid 
any confusion in case the section number changes in the future.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. These changes will neither increase the economic burden on 
any operator nor increase the scope of the AD.

Cost Impact

    The FAA estimates that 75 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Based on these figures, the cost impact of 
the AD on U.S. operators is estimated to be $4,500, or $60 per 
airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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 adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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:

    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:

2000-17-09 Aerospatiale: Amendment 39-11883. Docket 97-NM-270-AD.

    Applicability: All Model ATR42-200, ATR42-300, and ATR42-320 
series airplanes, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been

[[Page 53899]]

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 ensure continued structural integrity of these airplanes, 
accomplish the following:

Airworthiness Limitations Revision

    (a) Within 30 days after the effective date of this AD, revise 
the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness by incorporating the ``Time Limits'' section 
of the ATR42-200/-300/-320 Maintenance Planning Document, Revision 
4, dated July 1999, into the Airworthiness Limitations Section.
    (b) Except as provided in paragraph (c) of this AD: After the 
actions specified in paragraph (a) of this AD have been 
accomplished, no alternative inspections or inspection intervals may 
be approved for the structural elements specified in the document 
listed in paragraph (a) of this AD.

Alternative Methods of Compliance

    (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, 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.

Special Flight Permits

    (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.

Incorporation by Reference

    (e) The actions shall be done in accordance with the ``Time 
Limits'' section of Aerospatiale ATR42-200/-300/-320 Maintenance 
Planning Document, Revision 4, dated July 1999, which contains the 
following list of effective pages:

------------------------------------------------------------------------
                                    Revision level
            Page number              shown on page   Date shown on page
------------------------------------------------------------------------
Title Page........................               4  July 1999.
List of Effective Pages, Page 1-                 4  July 1999.
 LEP.
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    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, 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 95-104-060 (B), dated May 24, 1995.

    (f) This amendment becomes effective on October 11, 2000.

    Issued in Renton, Washington, on August 23, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-21998 Filed 9-5-00; 8:45 am]
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