[Federal Register Volume 68, Number 62 (Tuesday, April 1, 2003)]
[Proposed Rules]
[Pages 15682-15684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7749]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 62 / Tuesday, April 1, 2003 / 
Proposed Rules  

[[Page 15682]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-280-AD]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42 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 certain Aerospatiale Model ATR42-
200, -300, -320, -500 series airplanes, and Model ATR72 series 
airplanes. This proposal would require replacement of a certain 
Automatic Takeoff Power Control System (ATPCS) test selector switch 
with a different test selector switch. This action is necessary to 
prevent shorting of a contact in the ATPCS test selector switch due to 
abnormal wear of contact surfaces, which could result in dual engine 
power drop with associated loss of both alternating current wild and 
main hydraulic power during ground maneuvers, and consequent reduced 
controllability of the airplane and increased flight crew workload. 
This action is intended to address the identified unsafe condition.

DATES: Comments must be received by May 1, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-280-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. 2001-NM-280-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 2001-NM-280-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. 2001-NM-280-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 ATR42-200, 
-300, -320, and -500 series airplanes, and Model ATR72 series 
airplanes. The DGAC advises that it has received several reports of 
dual engine power drop during ground maneuvers, with associated loss of 
both alternating current wild (ACW) and main hydraulic power. 
Investigation revealed abnormal wear of contact surfaces within the IPP 
JANCO ATPCS (Automatic Takeoff Power Control System) test selector 
switch. The abnormal wear is suspected to have caused contact shorting. 
(Each time the ATPCS test selector switch was replaced, the malfunction 
cleared.) Due to the different governing modes applicable during these 
operating phases, the malfunction can only occur during taxiing or 
landing, not during takeoff or in flight. Shorting of the contact in 
the ATPCS test selector switch due to abnormal wear of contact 
surfaces, if not corrected, could result in dual engine power drop with 
associated loss of both ACW and main hydraulic power during ground 
maneuvers, and consequent reduced controllability of the airplane and 
increased flight crew workload.

Explanation of Relevant Service Information

    Aerospatiale has issued Avions de Transport Regional Service 
Letters

[[Page 15683]]

ATR42-61-5012 (for Model ATR42 series airplanes) and ATR72-61-6008 (for 
Model ATR72 series airplanes), both dated April 23, 2002, which 
describe procedures for replacing the IPP JANCO ATPCS test selector 
switch on panel 114VU (FIN 22KF) with an IEC Electronique test selector 
switch. Accomplishment of the actions specified in the applicable 
service letter is intended to adequately address the identified unsafe 
condition. The DGAC classified these actions as mandatory and issued 
French airworthiness directives 2001-214-084(B) and 2001-215-057(B), 
both dated May 30, 2001, 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.

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 letter described 
previously.

Cost Impact

    The FAA estimates that 133 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 4 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 $536 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be 
$103,208, or $776 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 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 2001-NM-280-AD.

    Applicability: Model ATR42-200, -300, -320, -500 series 
airplanes, and Model ATR72 series airplanes; certificated in any 
category; equipped with IPP JANCO Automatic Takeoff Power Control 
System (ATPCS) test selector switch, part number (P/N) ACE 0002; 
except those airplanes having received modification 5162 in 
production and on which no replacement of the ATPCS test selector 
switch has been performed afterwards.

    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 shorting of a contact in the ATPCS test selector 
switch due to abnormal wear of contact surfaces, which could result 
in dual engine power drop with associated loss of both alternating 
current wild and main hydraulic power during ground maneuvers, and 
consequent reduced controllability of the airplane and increased 
flight crew workload, accomplish the following:

Replacement

    (a) Within 5 years after the effective date of this AD, replace 
the IPP JANCO Automatic Takeoff Power Control System (ATPCS) test 
selector switch having P/N ACE 0002 on panel 114VU (FIN 22KF) with 
an IEC Electronique test selector switch having P/N 097-037-00, per 
Avions de Transport Regional Service Letters ATR42-61-5012 (for 
Model ATR42 series airplanes) or ATR72-61-6008 (for Model ATR72 
series airplanes), both dated April 23, 2002; as applicable.

Parts Installation

    (b) As of the effective date of this AD, no person shall install 
an IPP JANCO ATPCS test selector switch, P/N ACE 0002, 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 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

[[Page 15684]]

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 3: The subject of this AD is addressed in French 
airworthiness directives 2001-214-084(B) and 2001-215-057(B), both 
dated May 30, 2001.


    Issued in Renton, Washington, on March 26, 2003.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-7749 Filed 3-31-03; 8:45 am]
BILLING CODE 4910-13-P