[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Rules and Regulations]
[Pages 27402-27403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12443]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-48-AD; Amendment 39-9238; AD 95-11-04]


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 modification of the wiring in the 
elevator controls and the pitch trim dissymmetry monitoring equipment. 
This amendment is prompted by a report of loss of a propeller and 
engine gearbox, which resulted in damage to the fuselage. There has 
also been a report that a modification was implemented in the elevator 
control cables during manufacture, which reduced the maximum physical 
separation between the elevator controls and the monitoring equipment. 
The actions specified by this AD are intended to prevent reduced 
controllability of the airplane in the event that debris from an engine 
burst or propeller failure were to strike the fuselage and sever the 
elevator flight controls.

DATES: Effective June 23, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 23, 1995.

ADDRESSES: The service information referenced in this AD may be 
obtained from Aerospatiale, 316 Route de Bayonee, 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: Sam Grober, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-1187; fax (206) 227-1320.

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 July 20, 1994 (59 FR 36998). That action proposed to require 
modification of the wiring in the elevator controls and the pitch trim 
dissymmetry monitoring equipment.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    The manufacturer requests that reference to a certain incident 
involving a Model ATR42-300 series airplane be deleted from the 
Discussion section of the preamble of the proposed rule. The 
manufacturer states that the incident did not result in any damage to 
flight controls and, therefore, should not be referred to in the final 
rule. The FAA acknowledges that, since the incident was apparently not 
connected with the flight controls, deletion of the reference to the 
incident would be appropriate. However, since the Discussion section of 
the preamble of the proposal does not reappear in the final rule, no 
change to the final rule is necessary.
    Another commenter requests that the compliance time to perform the 
modification be extended from the proposed 3 months to 12 months. The 
commenter states that investigation has shown that only 4% of all 
affected operators have found any defective propellers. The commenter 
states that detection of this small percentage of defective propellers 
does not justify the urgency of a 3-month compliance time. The FAA 
concurs with the commenter's request to extend the compliance time for 
the modification requirements. The FAA's intent was that the 
modifications be performed during a regularly scheduled maintenance 
visit for the majority of the affected fleet, when the airplanes would 
be located at a base where special equipment and trained personnel 
would be readily available, if necessary. Based on the information 
supplied by the commenter, the FAA now recognizes that 12 months 
corresponds more closely to the interval representative of most of the 
affected operators' normal maintenance schedules. Paragraph (a) of the 
final rule has been revised to reflect a compliance time of 12 months. 
The FAA does not consider that this extension will adversely affect 
safety.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been added to this final rule to clarify this long-standing 
requirement.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

[[Page 27403]]

    The FAA has recently reviewed the figures it has used over the past 
several years in calculating the economic impact of AD activity. In 
order to account for various inflationary costs in the airline 
industry, the FAA has determined that it is necessary to increase the 
labor rate used in these calculations from $55 per work hour to $60 per 
work hour. The economic impact information, below, has been revised to 
reflect this increase in the specified hourly labor rate.
    The FAA estimates that 110 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 49 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Required parts will be provided by the 
manufacturer at no cost to operators. Based on these figures, the total 
cost impact of the AD on U.S. operators is estimated to be $323,400, or 
$2,940 per airplane.
    The total 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.
    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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13   [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-11-04  Aerospatiale: Amendment 39-9238. Docket 94-NM-48-AD.

    Applicability: Model ATR42-200, -300, and -320 series airplanes, 
as listed in Aerospatiale Service Bulletins ATR42-27-0068 and ATR42-
27-0069, both dated January 25, 1994; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
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 use the authority 
provided in paragraph (b) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent reduced controllability of the airplane, accomplish 
the following:
    (a) Within 12 months after the effective date of this AD, modify 
the wiring in the elevator controls and the pitch trim dissymmetry 
monitoring equipment, in accordance with Aerospatiale Service 
Bulletin ATR42-27-0068 or ATR42-27-0069, both dated January 25, 
1994; as applicable.
    (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, 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.
    (c) Special flight permits may be issued in accordance with 
Secs. 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 modification shall be done in accordance with 
Aerospatiale Service Bulletin ATR42-27-0068, dated January 25, 1994; 
or Aerospatiale Service Bulletin ATR42-27-0069, dated January 25, 
1994; as applicable. 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 Bayonee, 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.

    (e) This amendment becomes effective on June 23, 1995.

    Issued in Renton, Washington, on May 16, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-12443 Filed 5-23-95; 8:45 am]
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