[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Proposed Rules]
[Pages 44915-44917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22043]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-161-AD]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42 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 
series airplanes. This proposal would require removal of certain 
landing gear attachment pins, and replacement of the pins with 
serviceable pins. This proposal is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified by the proposed AD are intended to 
prevent wear of the attachment pins, which could result in collapse of 
the main landing gear.

DATES: Comments must be received by September 29, 1997.


[[Page 44916]]


ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-161-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    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; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Gary Lium, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1112; 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 notice may be changed in 
light of the comments received.
    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 notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 97-NM-161-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-103, Attention: Rules 
Docket No. 97-NM-161-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 series 
airplanes. The DGAC advises that failed main landing gear (MLG) pins 
have been found during routine inspections. The failure has been traced 
to inadequate quality control of the MLG attachment pins during 
manufacture. This condition, if not corrected, could result in collapse 
of the MLG.

Explanation of Relevant Service Information

    Aerospatiale has issued Service Bulletin No. ATR42-32-0081, and No. 
ATR42-32-0082, both dated July 16, 1996, which describe procedures for 
removal of certain attachment pins of the MLG, and replacement of the 
pins with serviceable pins. The DGAC classified these service bulletins 
as mandatory and issued French airworthiness directive 96-131-064(B), 
dated July 3, 1996, in order to assure the continued airworthiness of 
these airplanes in France. The Aerospatiale service bulletins reference 
Messier-Dowty Service Bulletin No. 631-32-127, Revision 1, dated 
October 22, 1996, and No. 631-32-128, dated November 15, 1996, as 
additional sources of service information for accomplishment of these 
actions.

FAA's Conclusions

    This airplane model is manufactured in France and is 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 Rule

    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 Aerospatiale and Messier-Dowty service 
bulletins described previously.

Cost Impact

    The FAA estimates that 88 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 45 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Required parts would be 
provided by the manufacturer at no cost to operators. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $237,600, or $2,700 per airplane.
    The cost impact figure discussed above is 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.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    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

[[Page 44917]]

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 97-NM-161-AD.

    Applicability: Model ATR42 series airplanes as identified in 
Aerospatiale Service Bulletin No. ATR42-32-0081, dated July 16, 
1996, and Aerospatiale Service Bulletin No. ATR42-32-0082, dated 
July 16, 1996; certificated in any category.

    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 otherwise 
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 (d) 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 wear of the landing gear attachment pins, which could 
result in collapse of the main landing gear (MLG), accomplish the 
following:
    (a) Within 12 months after the effective date of this AD, remove 
the MLG leg hinge pins and side brace assembly center pins having the 
part numbers (P/N) specified in paragraph C. (2) of Aerospatiale 
Service Bulletin No. ATR42-32-0081, dated July 16, 1996; and replace 
the pins with serviceable pins, in accordance with the Aerospatiale 
service bulletin and Messier-Dowty Service Bulletin No. 631-32-127, 
Revision 1, dated October 22, 1996.
    (b) Prior to the accumulation of 15,000 landings since the last 
overhaul of the MLG, or within 8 years time-in-service since the last 
overhaul of the MLG, whichever occurs first, remove the MLG swinging 
lever/barrel pins and shock absorber universal joint hinge pins having 
the P/N's specified in paragraph C. (2) of Aerospatiale Service 
Bulletin No. ATR42-32-0082, dated July 16, 1996; and replace the pins 
with serviceable pins, in accordance with the Aerospatiale service 
bulletin and Messier-Dowty Service Bulletin No. 631-32-128, dated 
November 15, 1996.

    Note 2: Serviceable pins include those that have been removed, 
inspected and marked with green paint in accordance with Messier-
Dowty Service Bulletin No. 631-32-127, Revision 1, dated October 22, 
1996; or Messier-Dowty Service Bulletin No. 631-32-128, dated 
November 15, 1996; as applicable.

    (c) As of the effective date of this AD, no person shall install 
any MLG pin having a part number identified in Aerospatiale Service 
Bulletin No. ATR42-32-0081, dated July 16, 1996, or Aerospatiale 
Service Bulletin No. ATR42-32-0082, dated July 16, 1996, on any 
airplane unless that pin is considered to be serviceable in 
accordance with the applicable service bulletin.
    (d) 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, Standardization Branch, ANM-113, 
FAA, Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (e) 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.

    Issued in Renton, Washington, on August 14, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-22043 Filed 8-22-97; 8:45 am]
BILLING CODE 4910-13-P