[Federal Register Volume 62, Number 244 (Friday, December 19, 1997)]
[Rules and Regulations]
[Pages 66500-66502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32999]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-140-AD; Amendment 39-10254; AD 97-26-11]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42-200, -300, and 
-320 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 ATR42-200, -300, and -320 
series airplanes, that requires an inspection to detect corrosion of 
the rear spars of the wings, and corrective actions, if necessary. This 
amendment is prompted by issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. The actions 
specified by this AD are

[[Page 66501]]

intended to detect and correct possible corrosion on the rear spars of 
the wings, which could result in reduced structural integrity of the 
wings.

DATES: Effective January 23, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 23, 1998.

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 Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: International Branch, ANM-116, FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2110; 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-
200, -300, -320 series airplanes was published in the Federal Register 
on October 01, 1997 (62 FR 51388). That action proposed to require an 
inspection to detect corrosion of the rear spars of the wings, and 
corrective actions, if necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.

Request to Withdraw the Proposal

    The Direction Generale de l'Aviation Civile (DGAC) has no technical 
objection to the proposal, but requests that the FAA withdraw it 
because French airworthiness directive 95-127-062(B) was issued against 
a target set of airplanes, and was intended to evaluate and quantify 
the problems with corrosion in the area of the wing spars. The results 
of the inspection enabled the manufacturer to define long term actions 
and revise the airplane maintenance program (known as the Maintenance 
Review Board or MRB), to include the necessary inspections and 
corrective actions. The commenter further states that the revised MRB 
has been implemented by U.S. operators, and that an AD mandating these 
same actions is not required.
    The FAA does not concur with the commenter's request to withdraw 
the proposal. The MRB document referenced by the commenter is not 
mandatory for U.S. operators. Therefore, the issuance of this AD is the 
only means available to the FAA to require changes in the maintenance 
of the airplane which are related to an unsafe condition. The 
``Compliance'' provision of this AD states that compliance is required 
as indicated, ``unless accomplished previously.'' Therefore, if an 
operator has adopted and complied with MRB provisions that describe the 
inspection required by this AD, it may take credit for prior 
accomplishment of those actions.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 16 Model ATR42-200, -300, and -320 series 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 24 work hours per airplane to accomplish the 
required actions, and that the average labor rate is $60 per work hour. 
Based on these figures, the cost impact of the AD on U.S. operators is 
estimated to be $23,040, or $1,440 per airplane.
    The cost impact figure discussed above is 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.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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

    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

    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:

97-26-11  Aerospatiale: Amendment 39-10254. Docket 95-NM-140-AD.

    Applicability: Model ATR42-200, -300, and -320 series airplanes, 
as listed in Aerospatiale Service Bulletin ATR42-57-0044, dated May 
30, 1995, or Revision 1, dated June 28, 1995; 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 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 (b) 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 detect and correct corrosion on the rear spars of the wings, 
which could result in reduced structural integrity of the wing, 
accomplish the following:
    (a) Within 60 days after the effective date of this AD, perform 
a one-time detailed visual inspection to detect corrosion of the 
rear spars of the wings, in accordance with Aerospatiale Service 
Bulletin ATR42-57-0044, dated May 30, 1995, or Revision 1, dated 
June 28, 1995.

[[Page 66502]]

    (1) If no corrosion is detected, prior to further flight, apply 
a protective compound to the areas specified in the service 
bulletin, in accordance with the service bulletin.
    (2) If any corrosion is detected, prior to further flight, 
repair it in accordance with a method approved by the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate.
    (b) 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, International Branch, ANM-116. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, International Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (c) 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.
    (d) The actions shall be done in accordance with Aerospatiale 
Service Bulletin ATR42-57-0044, dated May 30, 1995; or Aerospatiale 
Service Bulletin ATR42-57-0044, Revision 1, dated June 28, 1995; 
which contain the specified effective pages.

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  Service bulletin referenced                                        Revision level shown                       
           and date                          Page No.                      on page           Date shown on page 
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ATR42-57-0044, May 30, 1995...  1-17..............................  Original.............  May 30, 1995.        
ATR42-57-0044, Revision 1,      1, 4, 6-8, 15-16..................  1....................  June 28, 1995.       
 June 28, 1995.                                                                                                 
                                2, 3, 5, 9-14, 17.................  Original.............  May 30, 1995.        
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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 Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 95-127-063(B), dated August 2, 1995.

    (e) This amendment becomes effective on January 23, 1998.

    Issued in Renton, Washington, on December 11, 1997.
Gilbert L. Thompson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-32999 Filed 12-18-97; 8:45 am]
BILLING CODE 4910-13-U