[Federal Register Volume 66, Number 73 (Monday, April 16, 2001)]
[Rules and Regulations]
[Pages 19381-19383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8724]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-66-AD; Amendment 39-12174; AD 2000-23-04 R1]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42-500 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment revises an existing airworthiness directive 
(AD), applicable to all Aerospatiale Model ATR42-500 series airplanes. 
This amendment continues to require 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 also adds 
information pertaining to certain material incorporated by reference. 
This amendment is prompted by issuance of a new revision of the ``Time 
Limits'' section of the ATR42-400/500 Maintenance Planning Document, 
which specifies new inspections and compliance times for inspection and 
replacement actions. This amendment is 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 December 19, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 1, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before May 16, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-66-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted

[[Page 19382]]

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. 2001-NM-66-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 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: Gary Lium, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1112; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: On November 3, 2000, the FAA issued AD 2000-
23-04, amendment 39-11974 (65 FR 68076, November 14, 2000), applicable 
to all Aerospatiale Model ATR42-500 series airplanes, to require 
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. That 
action was prompted by issuance of a new revision of the ``Time 
Limits'' section of the ATR42-400/500 Maintenance Planning Document, 
which specifies new inspections and compliance times for inspection and 
replacement actions. The actions required by that 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.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the FAA notes that we inadvertently 
did not provide information pertaining to the incorporation by 
reference of certain materials. The incorporation by reference of 
certain materials allows Federal agencies to comply with the 
requirement to publish rules in the Federal Register by referring to 
materials already published elsewhere. The legal effect of 
incorporation by reference is that the material is treated as if it 
were published in the Federal Register. This material, like any other 
properly issued rule, has the force and effect of law. Congress 
authorized incorporation by reference in the Freedom of Information Act 
to reduce the volume of material published in the Federal Register and 
Code of Federal Regulations (CFR).

FAA's Findings

    The FAA has revised AD 2000-23-04 to incorporate by reference the 
``Time Limits'' section of the ATR42-400/500 Maintenance Planning 
Document, Revision 3, dated February 1999, which was referenced in that 
AD as the appropriate source document necessary to accomplish the 
requirements of that AD. We have revised that AD to include that 
information by adding a new paragraph (e) to this revised AD.

Explanation of Requirements of 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 revises AD 2000-23-04 to continue to 
require 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 AD also adds information, as discussed above, 
pertaining to certain material incorporated by reference.

Determination of Rule's Effective Date

    The FAA has determined that this AD action has no adverse economic 
impact on any person, does not impose any new requirements or provide 
any additional burden on any person, in order to accomplish the 
requirements of this AD. Therefore, prior notice and public procedures 
hereon are unnecessary and this amendment will be made effective as of 
December 19, 2000, the effective date of AD 2000-23-04.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an 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.
    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 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 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 2001-NM-66-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy

[[Page 19383]]

of it, if filed, 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 removing amendment 39-11974 (65 FR 
68076, November 14, 2000), and by adding a new airworthiness directive 
(AD), amendment 39-12174, to read as follows:

2000-23-04 R1  Aerospatiale: Amendment 39-12174. Docket 2001-NM-66-
AD. Revises AD 2000-23-04, Amendment 39-11974.

    Applicability: All Model ATR42-500 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 (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 December 19, 2000 (the effective date 
of AD 2000-23-04), revise the Airworthiness Limitations Section of 
the Instructions for Continued Airworthiness by incorporating the 
``Time Limits'' section of the ATR42-400/500 Maintenance Planning 
Document, Revision 3, dated February 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 documents 
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 the ATR42-400/500 Maintenance Planning Document, 
Revision 3, dated February 1999, which contains the following list 
of effective pages:

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                                       Revision
              Page No.               level shown    Date shown on page
                                       on page
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Title..............................            3  Feb. 1999.
List of Effective Pages, Page 1-LEP            3  Feb. 1999.
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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, 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.

Effective Date

    (f) The effective date of this amendment remains December 19, 
2000, (the effective date of AD 2000-23-04).

    Issued in Renton, Washington, on April 3, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-8724 Filed 4-13-01; 8:45 am]
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