[Federal Register Volume 68, Number 35 (Friday, February 21, 2003)]
[Proposed Rules]
[Pages 8477-8480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4168]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-331-AD]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42-200, -300, -
320, and -500 Series Airplanes; and Model ATR72-102, -202, -212, and -
212A Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

[[Page 8478]]


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-
200, -300, --320, and -500 series airplanes; and Model ATR72-102, -202, 
-212, and -212A series airplanes. This proposal would require 
modification of the flight attendant's seat located in the front of the 
cabin, and follow-on actions. This action is necessary to prevent 
release of the forward flight attendant's shoulder restraint harness, 
which could result in injury to the flight attendant in case of 
turbulence. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by March 24, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-331-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-331-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 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-331-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-331-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 ATR42-200, -300, -
320, and -500 series airplanes; and Model ATR72-102, -202, -212, and -
212A series airplanes. The DGAC advises that the inertia-reel harness 
installed on the forward flight attendant's seat does not ensure 
effective restraint of the flight attendant's shoulders against the 
backrest of the seat, and does not adequately restrain head movement. 
Investigation indicates that such a condition is attributed to the 
design of the inertia-reel harness. Consequently, in case of 
turbulence, there is a risk that the head of the flight attendant could 
hit the partitions located on either side of the forward flight 
attendant's seat. This condition, if not corrected, could result in 
injury to the flight attendant.

Explanation of Relevant Service Information

    Avions de Transport Regional (ATR) has issued Service Bulletin 
ATR42-25-0141, dated October 15, 2002 (for certain Model ATR42-200, -
300, -320, and -500 series airplanes), and Service Bulletin ATR72-25-
1082, dated October 15, 2002 (for certain Model ATR72-102, -202, -212, 
and -212A series airplanes). These service bulletins specify procedures 
for modifying the flight attendant's seat located in the front of the 
cabin. The modification includes replacing the inertia-reel harness 
with a new fixed harness, and replacing the backrest cover and backrest 
cushion with new components. Follow-on actions include replacing the 
seat identification placard with a new placard, and installing a new 
modification placard near the seat identification placard.
    ATR Service Bulletins ATR42-25-0141 and ATR72-25-1082 both 
reference SICMA Service Bulletin 138-25-008, dated September 18, 2002, 
as an additional source of service information for procedures to modify 
the forward flight attendant's seat, and perform follow-on actions.
    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 directive 2002-539(B), dated October 30, 2002, in order 
to assure the continued airworthiness of these airplanes in France.

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.

[[Page 8479]]

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 service bulletins described previously, 
except as described below.

Difference Between Proposed Rule and French Airworthiness Directive

    The French airworthiness directive specifies certain Aerospatiale 
Model ATR42-400 series airplanes. However, the applicability of this 
proposed rule does not include that airplane model because the FAA has 
not issued a type certificate for that model; therefore, that model is 
not included on the most recent type certificate data sheet for the 
affected models.

Cost Impact

    The FAA estimates that approximately 80 Aerospatiale Model ATR42-
200, -300, -320, and -500 series airplanes, and 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 1 work hour per 
airplane to accomplish the proposed actions, and that the average labor 
rate is $60 per work hour. Required parts would cost approximately 
$1,786 per airplane. Based on these figures, the cost impact of the 
proposed AD on U.S. operators is estimated to be $147,680, or $1,846 
per airplane.
    The cost impact figure discussed above is 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 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-331-AD.

    Applicability: Airplanes listed in the following table, 
certificated in any category:

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                                                                               Including models on which these
         Airplane models--              Including models on which these          modifications have not been
                                      modifications have been installed--                installed--
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ATR42-200, -300, and -320 series     0384, 1685, or 1991; or modifications  5328 per Service Bulletin ATR42-25-
 airplanes.                           per Service Bulletins ATR42-25-0082,   0141, or 619 (i.e., 0619).
                                      ATR42-98-331A, or ATR42-98-409C.      8023 per Service Bulletin ATR42-98-
                                                                             025A.
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ATR42-500 series airplanes.........  4181 or 5042.........................  5301 per Service Bulletin ATR42-98-
                                                                             524D.
                                                                            5328 per Service Bulletin ATR42-25-
                                                                             0141.
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ATR72-102, -202, -212, and -212A     None.................................  5328 (replacement of the inertia-
 series airplanes.                                                           reel harness with a fixed harness)
                                                                             per Service Bulletin ATR72-25-1082.
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    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 prevent release of the forward flight attendant's shoulder 
restraint harness, which could result in injury to the flight 
attendant in case of turbulence; accomplish the following:

Modification

    (a) Within 18 months after the effective date of this AD: Modify 
the forward flight attendant's seat located in the front of the 
cabin (including replacing the inertia-reel harness with a new fixed 
harness, and replace the backrest cover and backrest cushion with 
new components), per Avions de Transport Regional (ATR) Service 
Bulletin ATR42-25-0141, dated October 15, 2002 (for Model ATR42-200, 
-300, -320, and -500 series airplanes); or Service Bulletin ATR72-
25-1082, dated October 15, 2002 (for Model ATR72-102, -202, -212, 
and -212A series airplanes); as applicable.

Follow-on Actions

    (b) Before further flight following accomplishment of the 
modification required by paragraph (a) of this AD: Accomplish 
paragraphs (b)(1) and (b)(2) of this AD per ATR Service Bulletin 
ATR42-25-0141, dated October 15, 2002; or ATR Service Bulletin 
ATR72-25-1082, dated October 15, 2002; as applicable.

[[Page 8480]]

    (1) Replace the seat identification placard with a new placard 
having a new part number (P/N).
    (2) Install a new modification placard to indicate 
accomplishment of the SICMA Service Bulletin 138-25-008, dated 
September 18, 2002.

    Note 2: ATR Service Bulletins ATR42-25-0141 and ATR72-25-1082 
reference SICMA Service Bulletin 138-25-008 as an additional source 
of service information for procedures to modify the forward flight 
attendant's seat, and to perform follow-on actions (including 
replacing the seat identification placard with a new placard, and 
installing a new modification placard).

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 directive 2002-539(B), dated October 30, 2002.


    Issued in Renton, Washington, on February 13, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-4168 Filed 2-20-03; 8:45 am]
BILLING CODE 4910-13-P