[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Rules and Regulations]
[Pages 48466-48470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13651]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25610; Directorate Identifier 2005-NM-260-AD; 
Amendment 39-14727; AD 2006-17-06]
RIN 2120-AA64


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

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies 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 new AD 
requires modifying the installation of the vertical leading edge 
fairing at the fin tip, which ends the repetitive inspections. This AD 
results from a report that rudder operation difficulties occurred on a 
Model ATR42-500 series airplane while the airplane was on the ground. 
We are issuing this AD 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.

DATES: This AD becomes effective September 5, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of September 5, 
2006.
    On July 22, 2004 (69 FR 33834, June 17, 2004), the Director of the 
Federal Register approved the incorporation by reference of certain 
other publications listed in the AD.
    We must receive comments on this AD by October 20, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this 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.

[[Page 48467]]

     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 AD.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    On June 7, 2004, we issued AD 2004-12-13, amendment 39-13672 (69 FR 
33834, June 17, 2004), for certain Aerospatiale Model ATR42-500 and 
ATR72-212A series airplanes. That AD requires repetitive inspections 
for cracking of the upper closing rib of the vertical fin, related 
investigative actions, and corrective actions if necessary. That AD 
resulted from a report that rudder operation difficulties occurred on a 
Model ATR42-500 series airplane while the airplane was on the ground. 
We issued that AD 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-12-13, the Direction Gonorale de l'Aviation 
Civile (DGAC), which is the airworthiness authority for France, 
notified us that the manufacturer developed a terminating modification 
for the repetitive inspections of the existing AD.

Relevant Service Information

    Avions de Transport Regional has issued Service Bulletin ATR42-55-
0012, Revision 2, including Accomplishment Report, dated June 28, 2005 
(for Model ATR42-500 airplanes); and ATR72-55-1004, Revision 3, 
including Accomplishment Report, dated September 23, 2005 (for Model 
ATR72-212 airplanes). The service bulletins describe procedures for 
modifying the installation of the vertical leading edge fairing at the 
fin tip. The modification includes doing a detailed inspection for 
cracking, misplacement, or deformation of the upper closing rib of the 
vertical fin.
    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 F-
2005-059, dated April 13, 2005, to ensure the continued airworthiness 
of these airplanes in France.
    Avions de Transport Regional Service Bulletin ATR42-55-0012 refers 
to Avions de Transport Regional Service Bulletin ATR42-55-0011, dated 
September 26, 2002 (for Model ATR42-500 airplanes), as the appropriate 
source of service information for doing the detailed inspection. Avions 
de Transport Regional Service Bulletin ATR72-55-1004 refers to Avions 
de Transport Regional Service Bulletin ATR72-55-1003, Revision 1, dated 
November 13, 2002 (for Model ATR72-212 airplanes), as the appropriate 
source of service information for doing the detailed inspection.

FAA's Determination and Requirements of This 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 products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD 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 AD 
supersedes AD 2004-12-13 and retains the requirements of the existing 
AD. This AD also requires modifying the installation of the vertical 
leading edge fairing at the fin tip, which terminates the repetitive 
inspection requirements of the existing AD.

Change to Existing AD

    This AD retains all requirements of AD 2004-12-13. Since AD 2004-
12-13 was issued, the AD format has been revised, and certain 
paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this AD, as listed in the 
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                           Corresponding requirement in
      Requirement in AD 2004-12-13                    this AD
------------------------------------------------------------------------
Paragraph (a)...........................  Paragraph (f).
Paragraph (b)...........................  Paragraph (g).
Paragraph (c)...........................  Paragraph (h).
Paragraph (d)...........................  Paragraph (i).
------------------------------------------------------------------------

Explanation of Change to Applicability

    We have revised the applicability of the existing AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Explanation of Change Made to Requirements of Existing AD

    Paragraph (d) of the existing AD specifies making repairs using a 
method approved by either the FAA or the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (or its delegated agent). 
The European Aviation Safety Agency (EASA) has assumed responsibility 
for the airplane models that are subject to this AD. Therefore, we have 
revised paragraph (i) of this AD to specify making repairs using a 
method approved by either the FAA or the EASA (or its delegated agent).

Clarification of Detailed Inspection Definition

    For clarification, we have revised the definition of a ``detailed 
inspection'' in this AD.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    If an affected airplane is imported and placed on the U.S. Register 
in the future, the currently required inspections will take 
approximately 2 work hours per airplane to accomplish, at an average 
labor rate of $80 per work hour. Based on these figures, the currently 
required inspections of this AD on U.S. operators are estimated to be 
$160 per airplane.
    If an affected airplane is imported and placed on the U.S. Register 
in the future, the required modification of this new AD will take 
between 16 and 40 work hours per airplane to accomplish, at an average 
labor rate of $80 per work hour. The required parts will cost between 
approximately $1,700 and $9,260. Based

[[Page 48468]]

on these figures, the required modification of this AD on U.S. 
operators is estimated to be between $2,980 and $12,460 per airplane.

FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2006-
25610; Directorate Identifier 2005-NM-260-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    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 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.

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 AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that the 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13672 (69 FR 33834, June 17, 2004) and adding the 
following new airworthiness directive (AD):

2006-17-06 Aerospatiale: Amendment 39-14727. Docket No. FAA-2006-
25610; Directorate Identifier 2005-NM-260-AD.

Effective Date

    (a) This AD becomes effective September 5, 2006.

Affected ADs

    (b) This AD supersedes AD 2004-12-13.

Applicability

    (c) This AD applies to Aerospatiale Model ATR42-500 airplanes 
and Model ATR72-212A airplanes, certificated in any category; on 
which Aerospatiale Modification 4440 has been accomplished; except 
those Model ATR42-500 airplanes having serial numbers (S/Ns) 618 and 
subsequent; and except those Model ATR72-212A airplanes having S/Ns 
682, 683, 684, 687, and 694 and subsequent.

Unsafe Condition

    (d) This AD results from a report that rudder operation 
difficulties occurred on a Model ATR42-500 series airplane while the 
airplane was on the ground. We are issuing this AD 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.

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.

Restatement of Requirments of AD 2004-12-13

Service Bulletin References for Paragraphs (g), (h), and (i) of 
This AD

    (f) The term ``service bulletin,'' as used in paragraphs (g), 
(h), and (i) of 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.

[[Page 48469]]

Repetitive Inspections

    (g) Within 500 flight hours after July 22, 2004 (the effective 
date of AD 2004-12-13): 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 
until the modification required by paragraph (j) of this AD is 
accomplished.


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


One-time Follow-on Inspections

    (h) Before further flight following the initial detailed 
inspection for cracking required by paragraph (g) 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

    (i) If any crack is found during any inspection required by 
paragraph (g) 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, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (or its delegated agent).

New Requirements of This AD

Modification

    (j) Within 4,000 flight hours or 36 months after the effective 
date of this AD, whichever occurs first: Modify the installation of 
the vertical leading edge fairing at the fin tip (including doing 
the detailed inspection for cracking, misplacement, or deformation 
of the upper closing rib of the vertical fin) by accomplishing all 
the actions specified in the Accomplishment Instructions of Avions 
de Transport Regional Service Bulletin ATR42-55-0012, Revision 2, 
dated June 28, 2005 (for Model ATR42-500 airplanes); or ATR72-55-
1004, Revision 3, dated September 23, 2005 (for Model ATR72-212 
airplanes); as applicable; except where the service bulletins 
specify to submit certain information to the manufacturer, this AD 
does not include that requirement. Accomplishment of this 
modification terminates the repetitive inspection requirement of 
paragraph (g) of this AD.


    Note 2: Avions de Transport Regional Service Bulletin ATR42-55-
0012 refers to Avions de Transport Regional Service Bulletin ATR42-
55-0011, dated September 26, 2002 (for Model ATR42-500 airplanes), 
as the appropriate source of service information for doing the 
detailed inspection specified in paragraph (j) of this AD. Avions de 
Transport Regional Service Bulletin ATR72-55-1004 refers to Avions 
de Transport Regional Service Bulletin ATR72-55-1003, Revision 1, 
dated November 13, 2002 (for Model ATR72-212 airplanes), as the 
appropriate source of service information for doing the detailed 
inspection specified in paragraph (j) of this AD.


Modification According to Previous Issues of the Service Bulletins

    (k) Modifying the installation of the vertical leading edge 
fairing at the fin tip is also acceptable for compliance with the 
requirements of paragraph (j) of this AD if done before the 
effective date of this AD in accordance with one of the following 
service bulletins:

                                 Table 1.--Previous Issues of Service Bulletins
----------------------------------------------------------------------------------------------------------------
 Avions de Transport Regional Service
               Bulletin                            Revision level                            Date
----------------------------------------------------------------------------------------------------------------
ATR42-55-0012.........................  Original...........................  December 15, 2004.
ATR42-55-0012.........................  1..................................  March 3, 2005.
ATR72-55-1004.........................  Original...........................  December 15, 2004.
ATR72-55-1004.........................  1..................................  March 3, 2005.
ATR72-55-1004.........................  2..................................  June 28, 2005.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, International Branch, ANM-116, 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

    (m) French airworthiness directive F-2005-059, dated April 13, 
2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (n) You must use the service bulletins listed in Table 2 of this 
AD, as applicable, to perform the actions that are required by this 
AD, unless the AD specifies otherwise.

                                  Table 2.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
 Avions de Transport Regional Service
               Bulletin                            Revision level                            Date
----------------------------------------------------------------------------------------------------------------
ATR42-55-0011, excluding the            Original...........................  September 26, 2002.
 Accomplishment Report.
ATR42-55-0012, excluding the            2..................................  June 28, 2005.
 Accomplishment Report.
ATR72-55-1003, excluding the            1..................................  November 13, 2002.
 Accomplishment Report.
ATR72-55-1004, excluding the            3..................................  September 23, 2005.
 Accomplishment Report.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of Avions de Transport Regional Service 
Bulletin ATR42-55-0012, Revision 2, excluding the Accomplishment 
Report, dated June 28, 2005; and Avions de Transport Regional 
Service Bulletin ATR72-55-1004, Revision 3, excluding the 
Accomplishment Report, dated September 23, 2005; in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Avions de Transport Regional 
Service Bulletin ATR42-55-0012, Revision 2, excluding the 
Accomplishment Report, dated June 28, 2005, includes the following 
effective pages:

[[Page 48470]]



----------------------------------------------------------------------------------------------------------------
               Page Nos.                    Revision level shown on page              Date shown on page
----------------------------------------------------------------------------------------------------------------
1, 3, 4, 7, 9, 12, 13, 15-17, 19, 24,   2..................................  June 28, 2005.
 25, 27, 28, 31, 37, 38.
2, 21, 39, 40.........................  1..................................  March 3, 2005.
5, 6, 8, 10, 11, 14, 18, 20, 22, 23,    Original...........................  December 15, 2004.
 26, 29, 30, 32-36, 41-46.
----------------------------------------------------------------------------------------------------------------

    Avions de Transport Regional Service Bulletin ATR72-55-1004, 
Revision 3, excluding the Accomplishment Report, dated September 23, 
2005, includes the following effective pages:

----------------------------------------------------------------------------------------------------------------
               Page Nos.                    Revision level shown on page              Date shown on page
----------------------------------------------------------------------------------------------------------------
1, 4, 43, 44..........................  3..................................  September 23, 2005.
2, 21, 39, 40.........................  1..................................  March 3, 2005.
3, 7, 9, 12, 13, 15-17, 19, 24, 25,     2..................................  June 28, 2005.
 27, 28, 31, 37, 38.
5, 6, 8, 10, 11, 14, 18, 20, 22, 23,    Original...........................  December 15, 2004.
 26, 29, 30, 32-36, 41, 42, 45, 46.
----------------------------------------------------------------------------------------------------------------

    (2) On July 22, 2004 (69 FR 33834, June 17, 2004), the Director 
of the Federal Register approved the incorporation by reference of 
Avions de Transport Regional Service Bulletin ATR42-55-0011, 
excluding the Accomplishment Report, dated September 26, 2002; and 
Avions de Transport Regional Service Bulletin ATR72-55-1003, 
Revision 1, excluding the Accomplishment Report, dated November 13, 
2002.
    (3) Contact Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, 
Cedex 03, France, for a copy of this service information. You may 
review copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on August 9, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-13651 Filed 8-18-06; 8:45 am]
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