[Federal Register Volume 66, Number 142 (Tuesday, July 24, 2001)]
[Rules and Regulations]
[Pages 38357-38360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18018]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-336-AD; Amendment 39-12332; AD 2001-14-21]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Aerospatiale Model ATR42-200, -300, -320, and -
500 series airplanes and Model ATR72 series airplanes, that requires 
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 amendment also requires replacement of defective 
engine fire handles with serviceable fire handles, which terminates the 
revision of the AFM and the repetitive tests of the engine fire 
protection system. These actions are necessary to prevent intermittent 
improper functioning of the engine fire handles, due to a machining 
defect of the control shaft bore guide, which could result in 
malfunction of the trigger (squib), and failure to activate one of the 
two engine fire extinguishers. This action is intended to address the 
identified unsafe condition.

DATES: Effective August 28, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 28, 2001.

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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

[[Page 38358]]


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 ATR42-200, 
-300, -320, and -500 series airplanes and all Model ATR72 series 
airplanes was published in the Federal Register on March 29, 2001 (66 
FR 17101). That action proposed to 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. That action 
also proposed to 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.

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.

Change Applicability

    One commenter asks that the applicability section, as specified in 
the proposed rule, be changed to exclude airplanes that do not have the 
affected engine fire handles, or that have already complied with the 
proposed rule. The commenter provides specific serial numbers for the 
affected airplanes and part numbers for the engine fire handles.
    The FAA concurs that the applicability as specified in the final 
rule can be changed to some extent; however, it would be confusing to 
operators to list all the part numbers and serial numbers not affected 
by the final rule. Therefore, we have changed the applicability to 
specify the following: Model ATR42-200, -300, -320, and -500 series 
airplanes equipped with Labinal engine fire handles, as listed in 
Avions de Transport Regional Service Bulletin ATR42-26-0023 Revision 1, 
dated September 14, 2000; and Model ATR72 series airplanes equipped 
with Labinal engine fire handles, as listed in ATR72-26-1014 Revision 
1, dated September 14, 2000. We also have changed the preamble to 
specify ``certain'' airplanes instead of ``all'' airplanes.

Clarify Unsafe Condition

    One commenter asks that the unsafe condition, as written in the 
proposed rule, be changed to describe how the problem could affect the 
operation of the fire extinguisher system. The commenter states the 
unsafe condition as written could be interpreted as a failure of the 
system to provide a source for extinguishing a fire in the engine zone. 
In the case of improper functioning of the fire handles, there is a 
potential to make contact with one of the two sets of switches. In the 
most serious situation, this could result in the malfunction of the 
trigger (squib) to activate one of the two engine fire extinguishers. 
The second fire extinguisher remains operative and can be triggered, 
provided it is still armed. The commenter adds that this is the reason 
for the pre-flight test of the trigger for the fire extinguisher 
system, and asks that the unsafe condition be clarified.
    The FAA agrees with the commenter. The unsafe condition has been 
clarified in the applicable sections of the final rule.

Revised Service Information

    The manufacturer has advised the FAA that, since the issuance of 
the proposed rule, it has issued Avions de Transport Regional Service 
Bulletin ATR42-26-0023, Revision 1, dated September 14, 2000 (for 
Aerospatiale Model ATR42 series airplanes); and Avions de Transport 
Regional Service Bulletin ATR72-26-1014, Revision 1, dated September 
14, 2000 (for Model ATR72 series airplanes). The manufacturer requests 
that the final rule be revised to require accomplishment of the actions 
in accordance with these new revisions of the service bulletins.
    The FAA agrees with the manufacturer's request. We have reviewed 
Revision 1 of these service bulletins, and find that they contain minor 
changes from the original versions (which were cited as the appropriate 
sources of service information for accomplishment of the actions in the 
proposed rule). Therefore, paragraphs (c) and (d) of the final rule 
have been revised to require accomplishment of the actions in 
accordance with Revision 1 of the applicable service bulletin due to 
minor changes in paragraphs 1.C.(2) and 1.C.(3) of the Planning 
Information specified. A note also has been added to give credit for 
inspections and repairs accomplished prior to the effective date of 
this AD in accordance with the original issue of the service bulletin.

Change Paragraph (a)

    One commenter asks that the wording in paragraph (a) of the 
proposed rule be changed from ``* * * may be accomplished * * *'' to 
``* * * will be accomplished * * *.'' The commenter states that the 
repetitive tests of the engine fire protection system are covered by 
inserting a copy of the AD into the Normal Procedures section of the 
AFM. The commenter adds that since this is temporary mandated action 
until accomplishment of the terminating action, no specific temporary 
revision of the AFM is required.
    The FAA does not agree. Inserting this AD into the AFM is one way 
to comply with the final rule requirements. However, the operator has 
the option of accomplishing the terminating action specified in 
paragraph (c) of the final rule instead of accomplishing the temporary 
revision specified in paragraph (a) of the final rule. No change to the 
final rule is necessary in this regard.

Withdraw Proposed Rule

    One commenter asks that the proposed rule be withdrawn. The 
commenter states that all its affected airplanes have already complied 
with the requirements of the proposed AD. Therefore, the commenter 
requests that the FAA withdraw the proposed AD.
    The FAA does not agree. We acknowledge that the manufacturer has 
stated that all the actions have been accomplished on all U.S.-
registered airplanes, as specified in Labinal Special Inspection 
Service Bulletin 26-26-11-001, dated June 2000 (one source of service 
information specified in the final rule). However, if a U.S. operator 
were to purchase an airplane that does not have a U.S. registration, 
there would not be a U.S. AD to mandate the required actions. We have 
determined that it is necessary to issue a final rule to prevent an 
inadvertent installation of 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, dated July 7, 2000, or 
Revision 1, dated September 14, 2000 (for ATR42 series airplanes); or 
ATR72-26-1014, dated July 7, 2000, or Revision 1, dated September 14, 
2000 (for Model ATR72 series airplanes). Therefore, no change to the 
final rule is necessary.

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. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

[[Page 38359]]

Cost Impact

    The FAA estimates that 69 airplanes of U.S. registry will be 
affected by this AD.
    It will take approximately 1 work hour per airplane to accomplish 
the temporary revision of the AFM, at an average labor rate is $60 per 
work hour. Based on these figures, the cost impact of the temporary 
revision of the AFM on U.S. operators is estimated to be $4,140, or $60 
per airplane.
    It will 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 test 
on U.S. operators is estimated to be $4,140, or $60 per airplane, per 
test.
    It will take approximately 2 work hours per airplane to accomplish 
the inspection for defective engine fire handles, at an average labor 
cost of $60. Based on these figures, the cost impact of the inspection 
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 requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this 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 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:

2001-14-21   Aerospatiale: Amendment 39-12332. Docket 2000-NM-336-
AD.
    Applicability: Model ATR42-200, -300, -320, and -500 series 
airplanes equipped with Labinal engine fire handles, as listed in 
Avions de Transport Regional Service Bulletin ATR42-26-0023, 
Revision 1, dated September 14, 2000; and Model ATR72 series 
airplanes equipped with Labinal engine fire handles, as listed in 
ATR72-26-1014, Revision 1, dated September 14, 2000; 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.

    To prevent improper function of the engine fire handles, due to 
a machining defect of a control shaft bore guide, which could result 
in malfunction of the squib (trigger), and failure to activate one 
of the two engine fire extinguishers, 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.

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, Revision 1, dated September 14, 2000 (for 
Aerospatiale Model ATR42 series airplanes); or ATR72-26-1014, 
Revision 1, dated September 14, 2000 (for Model ATR72 series 
airplanes); 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 that is not excepted: Perform the Labinal Special 
Inspection Service Bulletin 26-26-11-001, dated June 2000.
    (2) For any engine fire handle having a serial number identified 
in paragraph 1.C.(2) of the Planning Information of the applicable 
service bulletin that is excepted: Re-install the fire handles, in 
accordance with the applicable service bulletin.

    Note 2: Inspections and repairs accomplished prior to the 
effective date of this AD in accordance with Avions de Transport 
Regional Service Bulletin ATR42-26-0023, dated July 7, 2000, or 
ATR72-26-1014, dated July 7, 2000, are considered acceptable for 
compliance with the applicable action specified in this amendment.


    Note 3: 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 that is not excepted, as listed in 
paragraph 1.C.(2) of the Planning Information of Avions de Transport 
Regional Service Bulletin ATR42-26-0023, Revision 1, dated September 
14, 2000 (for ATR42 series airplanes); or ATR72-26-1014, Revision 1, 
dated September 14, 2000 (for Model ATR72 series airplanes); unless 
the engine fire handle has been inspected and repaired in accordance 
with the applicable service bulletin.

[[Page 38360]]

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 4: 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 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

    (g) Except as provided by paragraphs (a) and (b) of this AD: The 
actions shall be done in accordance with Avions de Transport 
Regional Service Bulletin ATR42-26-0023, Revision 1, dated September 
14, 2000; Avions de Transport Regional Service Bulletin ATR72-26-
1014, Revision 1, dated September 14, 2000; or Labinal Special 
Inspection Service Bulletin 26-26-11-001, dated June 2000; as 
applicable. 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 5: 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.

Effective Date

    (h) This amendment becomes effective on August 28, 2001.

    Issued in Renton, Washington, on July 12, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-18018 Filed 7-23-01; 8:45 am]
BILLING CODE 4910-13-P