[Federal Register Volume 67, Number 240 (Friday, December 13, 2002)]
[Proposed Rules]
[Pages 76704-76706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31471]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-73-AD]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42-500 Series 
Airplanes, and Model ATR72-102, -202, -212, and -212A 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 certain Aerospatiale Model ATR42-
500 series airplanes, and Model ATR72-102, -202, -212, and -212A series 
airplanes. This proposal would require replacement of insulation 
blankets constructed of metallized polyethyleneteraphthalate (MPET) 
located from sections 11 through 16 of the fuselage with new insulation 
blankets constructed of Terul 18[hairsp][hairsp]\TM\. This proposal is 
prompted by reports of in-flight and ground fires on certain airplanes 
manufactured with insulation blankets constructed of MPET, which may 
contribute to the spread of a fire when ignition occurs from small 
ignition sources such as electrical arcing or sparking. The action 
specified by the proposed AD is intended to ensure that insulation 
blankets constructed of MPET are removed from the fuselage. Such 
insulation blankets could propagate a small fire that is the result of 
an otherwise harmless electrical arc and could lead to a much larger 
fire. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by January 13, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-73-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 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. 2002-NM-73-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: 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.

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

[[Page 76705]]

in this action may be changed in light of the comments received.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 2002-NM-73-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. 2002-NM-73-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direction G[eacute]n[eacute]rale 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 ATR42-500 
series airplanes, and Model ATR72-102, -202, -212, and -212A series 
airplanes. The DGAC advises that it has received reports of fires 
initiated by an electrical short circuit behind a sidewall, in which 
the flammability characteristics of thermal/acoustical insulation 
material constructed of metallized polyethyleneteraphthalate (MPET) may 
have been a contributing factor. Although reported incidents have not 
occured on ATR airplane models, the DGAC has issued French 
airworthiness directives 2001-635-061(B) and 2001-636-088(B), both 
dated December 26, 2001, in order to assure the continued airworthiness 
of Aerospatiale Model ATR42-500 series airplanes, and Model ATR72-102, 
-202, -212, and -212A series airplanes in France.
    Insulation blankets constructed of MPET that are installed in the 
fuselage, if not removed, could propagate a small fire that is the 
result of an otherwise harmless electrical arc and could lead to a much 
larger fire.

Explanation of Relevant Service Information

    The manufacturer has issued Avions de Transport Regional Service 
Bulletin ATR42-25-0134 (for Model ATR42-500 series airplanes); and 
ATR72-25-1074 (for Model ATR72-102, -202, -212, -212A series 
airplanes); both dated January 24, 2002. These service bulletins 
describe procedures for replacing the existing insulation blankets 
constructed of MPET located from sections 11 through 16 of the fuselage 
with new, improved insulation blankets constructed of Terul 
18[hairsp][hairsp]\TM\. 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.

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 accomplishment of 
the actions specified in the applicable service bulletin described 
previously.

Differences Between Proposed Rule and Foreign Airworthiness Directives

    The proposed AD would differ from the parallel French airworthiness 
directives in that it would require accomplishment of the replacement 
within 5 years after the effective date of this AD. The parallel French 
airworthiness directives require accomplishment of the replacement 
during the next ``eight-year calendar check and before May 31, 2009.'' 
In developing an appropriate compliance time for this proposed AD, the 
FAA considered not only the DGAC's recommendation, but the degree of 
urgency associated with addressing the subject unsafe condition, the 
compliance time mandated in previously issued ADs concerning insulation 
blankets constructed of MPET installed on other transport category 
airplanes, and the average utilization of the affected fleet.
    The FAA's intent is that the replacement be conducted during a 
regularly scheduled maintenance visit for the majority of the affected 
fleet, when the airplanes would be located at a base where special 
equipment and trained personnel would be readily available, if 
necessary. In order to meet the deadline, the FAA expects early 
planning and anticipates that operators will have to take advantage of 
every heavy maintenance opportunity. In light of these factors, the FAA 
finds a 5-year compliance time for completing the required actions to 
be warranted, in that it represents an appropriate interval of time 
allowable for affected airplanes to continue to operate without 
compromising safety. The difference in compliance time has been 
coordinated with and acknowledged by the DGAC.

Cost Impact

    The FAA estimates that 2 Aerospatiale Model ATR42-500 series 
airplanes of U.S. registry would be affected by this proposed AD, that 
it would take approximately 500 work hours per airplane to accomplish 
the proposed replacement, and that the average labor rate is $60 per 
work hour. Required parts would cost approximately $50,000 per 
airplane. Based on these figures, the cost impact of the proposed AD on 
U.S. operators of Model ATR42-500 series airplanes is estimated to be 
$160,000 or $80,000 per airplane.
    The FAA estimates that 19 Aerospatiale Model ATR72-102, -202, -212, 
and -212A series airplanes of U.S. registry would be affected by this 
proposed AD, that it would take approximately 500 work hours per 
airplane to accomplish the proposed replacement, and that the average 
labor rate is $60 per work hour. Required parts would cost 
approximately $60,000 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators of Model ATR72-102, -202, -
212, and -212A series airplanes is

[[Page 76706]]

estimated to be $1,710,000 or $90,000 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 2002-NM-73-AD.

    Applicability: Model ATR42-500 series airplanes, and Model 
ATR72-102, -202, -212, and -212A series airplanes, certificated in 
any category; except those airplanes on which ATR Modification 5117 
or 5322 (reference Avions de Transport Regional Service Bulletin ATR 
42-25-0134, dated January 24, 2002, or Avions de Transport Regional 
Service Bulletin ATR 72-25-1074, dated January 24, 2002; as 
applicable) has been installed.

    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 (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 that insulation blankets constructed of metallized 
polyethyleneteraphthalate (MPET) are removed from the fuselage, to 
prevent propagation of a fire that is the result of an otherwise 
harmless electrical arc and could lead to a much larger fire, 
accomplish the following:

Insulation Blanket Replacement

    (a) Within 5 years after the effective date of this AD, replace 
insulation blankets located from sections 11 through 16 inclusive of 
the fuselage with new, improved insulation blankets constructed of 
Terul 18[hairsp][hairsp]\TM\, in accordance with the Accomplishment 
Instructions of Avions de Transport Regional Service Bulletin ATR42-
25-0134 (for Model ATR42-500 series airplanes); or ATR72-25-1074 
(for Model ATR72-102, -202, -212, -212A series airplanes); both 
dated January 24, 2002; as applicable.

    Note 2: Although paragraph (a) of this AD allows up to 5 years 
for the required replacement, the FAA encourages operators to review 
their airplanes to assess their individual needs for materials and 
plan accordingly. The FAA anticipates that operators will accomplish 
the requirements of this AD at the earliest practicable maintenance 
opportunity to lessen the burden toward the end of the compliance 
time.

Part Installation

    (b) As of the effective date of this AD, no person shall install 
an insulation blanket constructed of MPET on any airplane.

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, 
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

    (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.

    Note 4: The subject of this AD is addressed in French 
airworthiness directives 2001-635-061(B) and 2001-636-088(B), both 
dated December 26, 2001.


    Issued in Renton, Washington, on December 6, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-31471 Filed 12-12-02; 8:45 am]
BILLING CODE 4910-13-P