[Federal Register Volume 69, Number 116 (Thursday, June 17, 2004)]
[Rules and Regulations]
[Pages 33834-33836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13499]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-301-AD; Amendment 39-13672; AD 2004-12-13]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42-500 and ATR72-
212A Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Aerospatiale Model ATR42-500 and ATR72-212A 
series airplanes, that requires 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

[[Page 33835]]

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: Effective July 22, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 22, 2004.

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 National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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: 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-
500 and ATR72-212A series airplanes was published in the Federal 
Register on March 17, 2004 (69 FR 12589). That action proposed to 
require repetitive inspections for cracking of the upper closing rib of 
the vertical fin, related investigative actions, and corrective actions 
if necessary.

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

    We have determined that air safety and the public interest require 
the adoption of the rule as proposed.

Cost Impact

    We estimate that 2 Model ATR42-500 series airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 2 
work hours per airplane to accomplish the required actions, and that 
the average labor rate is $65 per work hour. Based on these figures, 
the cost impact of this 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 will 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 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:

2004-12-13 Aerospatiale: Amendment 39-13672. 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, excluding the Accomplishment Report, dated 
September 26, 2002 (for Model ATR42-500 series airplanes); and 
Avions de Transport Regional Service Bulletin ATR72-55-1003, 
Revision 1, excluding the Accomplishment Report, 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,

[[Page 33836]]

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 
G[eacute]n[eacute]rale 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.

Incorporation by Reference

    (f) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Avions de Transport Regional Service 
Bulletin ATR42-55-0011, excluding the Accomplishment Report, dated 
September 26, 2002; or Avions de Transport Regional Service Bulletin 
ATR72-55-1003, Revision 1, excluding the Accomplishment Report, 
dated November 13, 2002; as applicable. Avions de Transport Regional 
Service Bulletin ATR72-55-1003, Revision 1, dated November 13, 2002, 
contains the following effective pages:

------------------------------------------------------------------------
                                Revision level
          Page number            shown on page     Date shown on page
------------------------------------------------------------------------
1, 2, 4, 5, 13................  1               November 13, 2002.
3, 6-12.......................  Original        October 11, 2002.
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    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 National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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

Effective Date

    (g) This amendment becomes effective on July 22, 2004.

    Issued in Renton, Washington, on June 7, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-13499 Filed 6-16-04; 8:45 am]
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