[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Proposed Rules]
[Pages 12589-12591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5946]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-301-AD]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42-500 and ATR72-
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 and ATR72-212A series airplanes. This proposal would require 
repetitive inspections for cracking of the upper closing rib of the 
vertical fin, related investigative actions, and corrective actions if 
necessary. This action is necessary to prevent interference between the 
upper closing rib and the rudder, which could result in a rudder jam 
and consequent reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by April 16, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-301-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-301-AD'' in the subject line and need not 
be submitted

[[Page 12590]]

in triplicate. Comments sent via the Internet as attached electronic 
files must be formatted in Microsoft Word 97 or 2000 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:

     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.
     For each issue, state what specific change to 
the proposed AD is being requested.
     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-301-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-301-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 ATR42-500 and ATR72-
212A series airplanes. The DGAC advises that rudder operation 
difficulties occurred on a Model ATR42-500 series airplane while the 
airplane was on the ground. Investigation revealed interference between 
the rudder and the upper closing rib of the vertical fin. This 
interference was subsequently attributed to failure of parts of the 
upper closing rib of the vertical fin due to fatigue cracking induced 
by installation stress. This condition, if not corrected, could result 
in a rudder jam and consequent reduced controllability of the airplane.
    The subject area on certain Model ATR72-212A series airplanes is 
almost identical to that on the affected Model ATR42-500 series 
airplanes. Therefore, those Model ATR72-212A series airplanes may be 
subject to the unsafe condition revealed on the Model ATR42-500 series 
airplanes.

Explanation of Relevant Service Information

    Aerospatiale has issued Avions de Transport Regional Service 
Bulletin ATR42-55-0011, dated September 26, 2002 (for Model ATR42-500 
series airplanes); and Avions de Transport Regional Service Bulletin 
ATR72-55-1003, Revision 1, dated November 13, 2002 (for Model ATR72-
212A series airplanes). These service bulletins describe procedures for 
repetitive detailed visual inspections for cracking of the upper 
closing rib of the vertical fin, and related investigative actions.
    The related investigative actions involve measuring the planarity 
of the upper closing rib and measuring the gap between the rudder horn 
and the upper closing rib of the vertical fin. If any crack, wave, or 
anomaly is found, or if any measurement is outside the limits specified 
in the service bulletin, the service bulletin specifies further 
actions, which include:

     Removing the fairing of the vertical fin.
     Performing an internal detailed visual 
inspection of the fin tip closure rib in the area of the fairing, to 
detect and determine the extent of any cracking.
     Performing a measurement of the fin tip closure 
rib position.
     Performing an additional measurement of the 
planarity of the fin tip closure rib.
     Contacting the manufacturer for repair 
information.

    Accomplishment of the actions specified in the applicable service 
bulletin is intended to adequately address the identified unsafe 
condition.
    The DGAC classified these service bulletins as mandatory and issued 
French airworthiness directive 2002-506(B) R1, dated December 24, 2002, 
to ensure 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 AD

    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 bulletin described previously, 
except as discussed below.

Differences Between Proposed AD and Service Bulletins

    Although the service bulletins specify that operators may contact 
the manufacturer for disposition of certain repair conditions, this 
proposed AD would require operators to repair those conditions per a 
method approved by either the FAA or the DGAC (or its delegated agent). 
In light of the type of repair that would be required to address the 
unsafe condition, and consistent with existing bilateral airworthiness 
agreements, we have determined that, for this proposed AD, a repair 
approved by either the FAA or the DGAC would

[[Page 12591]]

be acceptable for compliance with this proposed AD.
    Operators should note that, although the Accomplishment 
Instructions of the referenced service bulletins describe procedures 
for submitting inspection results to the manufacturer, this proposed AD 
would not require that action.

Interim Action

    We consider this proposed AD interim action. If final action is 
later identified, we may consider further rulemaking then.

Cost Impact

    The FAA estimates that 2 Model ATR42-500 series airplanes of U.S. 
registry would be affected by this proposed AD, that it would take 
approximately 2 work hours per airplane to accomplish the proposed 
actions, and that the average labor rate is $65 per work hour. Based on 
these figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $260, or $130 per airplane.
    Currently, there are no affected Model ATR72-212A series airplanes 
on the U.S. Register. However, if an affected airplane is imported and 
placed on the U.S. Register in the future, it would be subject to the 
same per-airplane cost specified above for the Model ATR42-500 series 
airplanes.
    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 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-301-AD.

    Applicability: Model ATR42-500 and ATR72-212A series airplanes; 
certificated in any category; on which Aerospatiale Modification 
4440 has been accomplished; except those Model ATR42-500 series 
airplanes having serial numbers (S/Ns) 618 and subsequent; and 
except those Model ATR72-212A series airplanes having S/Ns 682, 683, 
684, 687, and 694 and subsequent.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent interference between the upper closing rib and the 
rudder, which could result in a rudder jam and consequent reduced 
controllability of the airplane, accomplish the following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Avions de Transport Regional Service 
Bulletin ATR42-55-0011, dated September 26, 2002 (for Model ATR42-
500 series airplanes); and Avions de Transport Regional Service 
Bulletin ATR72-55-1003, Revision 1, dated November 13, 2002 (for 
Model ATR72-212A series airplanes); as applicable.
    (1) For Model ATR72-212A series airplanes: Actions accomplished 
before the effective date of this AD per Avions de Transport 
Regional Service Bulletin ATR72-55-1003, dated October 11, 2002, are 
acceptable for compliance with the corresponding actions required by 
this AD.
    (2) Where the service bulletins specify to report inspection 
results to the manufacturer, this AD does not require such 
reporting.

Repetitive Inspections

    (b) Within 500 flight hours after the effective date of this AD: 
Perform a detailed inspection for cracking of the upper closing rib 
of the vertical fin, per the Accomplishment Instructions of the 
applicable service bulletin. Repeat this inspection thereafter at 
intervals not to exceed 500 flight hours.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''


    Note 2: There is no terminating action available at this time 
for the repetitive inspections required by paragraph (b) of this AD.

One-Time Follow-On Inspections

    (c) Before further flight following the initial detailed 
inspection for cracking required by paragraph (b) of this AD, 
measure the planarity of the upper closing rib and measure the gap 
between the rudder horn and the upper closing rib of the vertical 
fin; per paragraphs 2.C.(2) and 2.C.(3) of the Accomplishment 
Instructions of the applicable service bulletin.

Repair

    (d) If any crack is found during any inspection required by 
paragraph (b) of this AD; or if any wave, anomaly, or measurement is 
found that is outside the limits specified in the applicable service 
bulletin: Before further flight, do all applicable actions in and 
per paragraph 2.C.(4) of the applicable service bulletin; except, 
where the applicable service bulletin says to contact the 
manufacturer for an approved repair solution, repair per a method 
approved by either the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate; or the Direction Generale de 
l'Aviation Civile (or its delegated agent).

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, is authorized to approve alternative methods of 
compliance for this AD.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 2002-506(B) R1, dated December 24, 2002.


    Issued in Renton, Washington, on March 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-5946 Filed 3-16-04; 8:45 am]
BILLING CODE 4910-13-P