[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Rules and Regulations]
[Pages 42578-42580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17773]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-280-AD; Amendment 39-13232; AD 2003-14-13]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42 Series 
Airplanes and Model ATR72 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

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 
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 flightcrew workload. This action is intended to address the 
identified unsafe condition.

DATES: Effective August 22, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 22, 2003.

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,

[[Page 42579]]

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: 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 certain Aerospatiale Model ATR42-
200, -300, -320, and -500 series airplanes; and Model ATR72 series 
airplanes; was published in the Federal Register on April 1, 2003 (68 
FR 15682). That action proposed to require replacement of a certain 
Automatic Takeoff Power Control System (ATPCS) test selector switch 
with a different test selector switch.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Change to Labor Rate

    After the proposed AD was issued, we reviewed the figures we use to 
calculate the labor rate to do the required actions. To account for 
various inflationary costs in the airline industry, we find it 
appropriate to increase the labor rate used in these calculations from 
$60 per work hour to $65 per work hour. The economic impact 
information, below, has been revised to reflect this increase in the 
specified hourly labor rate.

Cost Impact

    The FAA estimates that 133 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 4 work hours per 
airplane to accomplish the required replacement, and that the average 
labor rate is $65 per work hour. Required parts will cost approximately 
$536 per airplane. Based on these figures, the cost impact of the AD on 
U.S. operators is estimated to be $105,868, or $796 per airplane.
    The cost impact figure discussed above is 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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-14-13 Aerospatiale: Amendment 39-13232. Docket 2001-NM-280-AD.

    Applicability: Model ATR42-200, -300, -320, and -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 
flightcrew workload, accomplish the following:

Replacement

    (a) Within 5 years after the effective date of this AD, replace 
the IPP JANCO 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 
Letter 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

[[Page 42580]]

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 Avions de 
Transport Regional Service Letter ATR42-61-5012, dated April 23, 
2002; or Avions de Transport Regional Service Letter ATR72-61-6008, 
dated April 23, 2002; 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 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.

Effective Date

    (f) This amendment becomes effective on August 22, 2003.

    Issued in Renton, Washington, on July 8, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-17773 Filed 7-17-03; 8:45 am]
BILLING CODE 4910-13-P