[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Proposed Rules]
[Pages 3023-3025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-533]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23635; Directorate Identifier 2005-NM-245-AD]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42 Airplanes and 
Model ATR72 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Aerospatiale Model ATR42 airplanes and Model ATR72 
airplanes. This proposed AD would require installing protective ramps 
on trim panel 110VU; and inspecting the protective guard of the standby 
pitch trim switch to determine if it is missing, damaged, or 
ineffective, and doing the corrective action if necessary. This 
proposed AD results from a finding that the protective guard of the 
standby pitch trim switch, which is installed on the center pedestal, 
could be damaged or missing. We are proposing this AD to prevent 
inadvertent activation of the standby pitch trim, which could result in 
pitch trim runaway and consequent reduced controllability of the 
airplane.

DATES: We must receive comments on this proposed AD by February 21, 
2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 
03, France, for service information identified in this proposed AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
23635; Directorate Identifier 2005-NM-245-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified us that an 
unsafe condition may exist on certain Aerospatiale Model ATR42 and 
Model ATR72 airplanes. The DGAC advises that the protective guard of 
the standby pitch trim switch (18CG), which is installed on the center 
pedestal, could be damaged or missing. In some cases, a damaged 
protective guard, even if engaged, may not prevent inadvertent 
activation of the standby pitch trim. This condition, if not corrected, 
could result in pitch trim runaway and consequent reduced 
controllability of the airplane.

Relevant Service Information

    Aerospatiale has issued Avions de Transport Regional Service 
Bulletin ATR42-92-0010, Revision 1, dated March 11, 2003 (for Model 
ATR42 airplanes); and Service Bulletin ATR72-92-1010, Revision 1, dated 
March 11, 2003 (for Model ATR72 airplanes). The service bulletins 
describe the following procedures:

[[Page 3024]]

     Installing protective ramps on trim panel 110VU.
     Checking the protective guard of the standby pitch trim 
switch (18CG) to determine if it is missing, damaged, or ineffective. 
(The protective guard is ineffective if there is trim movement when the 
protective guard is engaged and the standby pitch trim switch is 
activated.)
     Doing the corrective action if necessary, which includes 
replacing a damaged or ineffective protective guard with a new part or 
installing a new part if the protective guard is missing.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The DGAC mandated 
the service information and issued French airworthiness directive 2003-
106(B) R1, dated April 16, 2003, to ensure the continued airworthiness 
of these airplanes in France.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for airplanes of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Clarification of 
Inspection Terminology.''

Clarification of Inspection Terminology

    The ``check'' of the protective guard specified in the Aerospatiale 
service bulletins is referred to as a ``general visual inspection'' in 
this proposed AD. We have included the definition for a general visual 
inspection in a note in this proposed AD.

Costs of Compliance

    This proposed AD would affect about 69 airplanes of U.S. registry. 
The proposed actions would take about 1 work hour per airplane, at an 
average labor rate of $65 per work hour. Required parts would cost 
about $465 per airplane. Based on these figures, the estimated cost of 
the proposed AD for U.S. operators is $36,570, or $530 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Aerospatiale: Docket No. FAA-2006-23635; Directorate Identifier 
2005-NM-245-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by February 
21, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Aerospatiale Model ATR42-200, -300, -320, 
and -500 airplanes and Model ATR72-101, -201, -102, -202, -211, -
212, and -212A airplanes, certificated in any category; except those 
on which Airbus Modification 5450 has been incorporated in 
production.

Unsafe Condition

    (d) This AD results from a finding that the protective guard of 
the standby pitch trim switch, which is installed on the center 
pedestal, could be damaged or missing. We are issuing this AD to 
prevent inadvertent activation of the standby pitch trim, which 
could result in pitch trim runaway and consequent reduced 
controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Installation, Inspection, and Corrective Action if Necessary

    (f) Within 4 months after the effective date of this AD: Install 
protective ramps on trim panel 110VU; and do a general visual 
inspection of the protective guard of the standby pitch trim switch 
(18CG) to determine if it is missing, damaged, or ineffective, and 
do the corrective action if applicable; by accomplishing all the 
applicable actions specified in the Accomplishment Instructions of 
Avions de Transport Regional Service Bulletin ATR42-92-0010, 
Revision 1, dated March 11, 2003 (for Model ATR42 airplanes); or 
Avions de Transport Regional Service Bulletin ATR72-92-1010, 
Revision 1, dated March 11, 2003 (for Model ATR72 airplanes), as 
applicable. The corrective action, if required, must be done before 
further flight after the inspection.

    Note 1:  For the purposes of this AD, a general visual 
inspection is: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror

[[Page 3025]]

may be necessary to ensure visual access to all surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (h) French airworthiness directive 2003-106(B) R1, dated April 
16, 2003, also addresses the subject of this AD.

    Issued in Renton, Washington, on January 10, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-533 Filed 1-18-06; 8:45 am]
BILLING CODE 4910-13-P