[Federal Register Volume 66, Number 61 (Thursday, March 29, 2001)]
[Proposed Rules]
[Pages 17101-17103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7703]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-336-AD]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42-200, -300, -
320, and -500 Series Airplanes, and Model ATR72 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all Aerospatiale Model ATR42-200, 
-300, -320, and -500 series airplanes and all Model ATR72 series 
airplanes. This proposal would require temporarily revising the 
Airplane Flight Manual (AFM) to add tests of the engine fire protection 
system and conducting those tests prior to each flight. This proposal 
would also require replacement of defective engine fire handles with 
serviceable fire handles, which would terminate the revision of the AFM 
and the repetitive tests of the engine fire protection system. This 
action is necessary to prevent improper functioning of the engine fire 
handles, due to a machining defect of the control shaft bore guide, 
which could result in failure of the engine fire extinguisher to 
operate properly. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by April 30, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-336-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. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-336-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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, ANM-
116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056; telephone (425) 227-1112; 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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-336-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. 2000-NM-336-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 ATR42 and ATR72 
series airplanes. The DGAC advises that, during functional tests on the 
assembly lines, inspectors have observed that some engine fire handles 
were defective, functioning only intermittently. Further investigation 
revealed that one production batch of the fire handles could have a 
machining defect in the control shaft guide bore. This condition, if 
not corrected, could result in improper functioning of the engine fire 
handles, which could result in failure of the engine fire extinguisher 
to operate properly.

Explanation of Relevant Service Information

    Avions de Transport Regional has issued Service Bulletins ATR42-26-
0023 (for Aerospatiale Model ATR42 series airplanes) and ATR72-26-1014 
(for Aerospatiale Model ATR72 series airplanes), both dated July 7, 
2000. The service bulletins describe procedures for inspection to 
determine the serial numbers of the engine fire handle to establish 
whether they may be defective. Accomplishment of the actions specified 
in the service bulletins is intended to adequately address the 
identified unsafe condition. The DGAC classified these service 
bulletins as mandatory and issued French airworthiness directives 2000-
281-078(B) (for Model ATR42 series airplanes) and 2000-282-050(B) (for 
Model ATR72), both with an effective date of July 8, 2000, in order to 
assure the continued airworthiness of these airplanes in France. The 
French airworthiness directives also require temporary revision of the 
Aircraft Flight Manual (AFM) and performance of a test of the engine 
fire protection system.
    The two service bulletins reference Labinal Aero Systems Service 
Bulletin 26-26-11-001, dated June 2000, as an additional source of 
service information to detect defective engine fire handles.

[[Page 17102]]

If defective handles are detected, any corrective action is to be 
performed only by Labinal.

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, 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 temporarily 
revising the AFM to add tests of the engine fire protection system and 
conducting these tests prior to each flight. The proposed AD would also 
require inspection of the engine fire handles to identify their serial 
numbers and replacement of defective engine fire handles with 
serviceable handles, which would terminate the temporary revision of 
the AFM and the pre-flight tests of the engine fire protection system.

Difference Between Proposed Rule and Foreign Airworthiness 
Directives

    The proposed AD would differ from the parallel French airworthiness 
directives in that it would require temporary revision of the AFM 
within 10 days. The parallel French airworthiness directives recommend 
accomplishment of the temporary revision of the AFM within 3 days. In 
developing an appropriate compliance time for this AD, the FAA 
considered not only the DGAC's recommendation, but also the degree of 
urgency associated with addressing the subject unsafe condition. The 
FAA finds a 10-day compliance time for temporary revision of the AFM to 
be warranted in that it represents an appropriate interval of time 
allowable for affected airplanes to continue to operate without 
compromising safety.

Cost Impact

    The FAA estimates that 69 airplanes of U.S. registry would be 
affected by this proposed AD.
    It would take approximately 1 work hour per airplane to accomplish 
the temporary revision of the AFM, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of the proposed 
temporary revision of the AFM on U.S. operators is estimated to be 
$4,140, or $60 per airplane.
    It would take approximately 1 work hour per airplane to accomplish 
the pre-flight test of the engine fire protection system, at an average 
labor cost of $60. Based on these figures, the cost impact of the 
proposed test on U.S. operators is estimated to be $4,140, or $60 per 
airplane, per test.
    It would take approximately 2 work hours per airplane to accomplish 
the proposed inspection for defective engine fire handles, at an 
average labor cost of $60. Based on these figures, the cost impact of 
the proposed AD on U.S. operators is estimated to be $8,280, or $120 
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 proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    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 2000-NM-336-AD.

    Applicability: All Model ATR42-200, -300, -320, and -500 series 
airplanes, and Model ATR72 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 
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 (e) 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 improper function of the engine fire handles, due to 
a machining defect of a control shaft bore guide, which could result 
in failure of the engine fire extinguisher to operate properly, 
accomplish the following:

Temporary Revision of the Aircraft Flight Manual (AFM)

    (a) Within 10 days from the effective date of this AD: Revise 
the Normal Procedures section of the FAA-approved AFM by inserting 
the following. This may be accomplished by inserting a copy of this 
AD into the AFM.

``Before each flight
Engine 2 fire protection
    Depress SQUIB TEST pushbutton and check that both AGENT SQUIB 
lights illuminate.

[[Page 17103]]

Engine 1 fire protection
    Depress SQUIB TEST pushbutton and check that both AGENT SQUIB 
lights illuminate.''

Test of Engine Fire Protection System

    (b) After accomplishing paragraph (a) of this AD and prior to 
each flight thereafter: Perform a test of the engine fire protection 
system, in accordance with the temporary revision of the AFM 
specified in paragraph (a) of this AD, until accomplishment of 
paragraph (c) of this AD.

Terminating Action

    (c) Within 21 months from the effective date of this AD: Remove 
the engine fire handles and inspect them to determine the serial 
number, in accordance with Avions de Transport Regional Service 
Bulletin ATR42-26-0023 (for Aerospatiale Model ATR42 series 
airplanes) or ATR72-26-1014 (for Model ATR72 series airplanes), both 
dated July 7, 2000, and accomplish paragraph (c)(1) or (c)(2) of 
this AD, as applicable.
    (1) For any engine fire handle having a serial number listed in 
paragraph 1.C.(2) of the Planning Information of the applicable 
service bulletin: Perform the Labinal Service Bulletin 26-26-11-001, 
dated June 2000, and re-install the fire handle.
    (2) For any engine fire handle identified in paragraph 1.C.(3) 
of the Planning Information of the applicable service bulletin: Re-
install the fire handles, per the applicable service bulletin.

    Note 2: After accomplishment of paragraph (c)(1) or (c)(2) of 
this AD, the temporary revision to the AFM required by paragraph (a) 
of this AD may be removed from the AFM, and the pre-flight tests of 
the engine fire protection system required by paragraph (b) of this 
AD may be discontinued.

Spare Parts

    (d) As of the effective date of this AD, no person may install 
an engine fire handle having part number (P/N) 19-51-41 or P/N 19-
51-51 and having a serial number listed in paragraph 1.C.(2) of the 
Planning Information of Avions de Transport Regional Service 
Bulletin ATR42-26-0023 (for ATR42 series airplanes) or ATR72-26-1014 
(for Model ATR72 series airplanes), both dated July 7, 2000, unless 
the engine fire handle has been repaired, in accordance with the 
applicable service bulletin.

Alternative Methods of Compliance

    (e) 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, 
Transport Airplane Directorate, FAA. 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 3: 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

    (f) Special flight permits may be issued in accordance 
Secs. 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 4: The subject of this AD is addressed in French 
airworthiness directives 2000-282-050(B) and 2000-281-078(B), both 
with an effective date of July 8, 2000.


    Issued in Renton, Washington, on March 22, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-7703 Filed 3-28-01; 8:45 am]
BILLING CODE 4910-13-U