Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 54249 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20406; Directorate 

Identifier 2002–NM–242–AD; Amendment 

39–14270; AD 2005–19–05] 

RIN 2120–AA64 

Airworthiness Directives; Aerospatiale 

Model ATR42–500 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Aerospatiale Model ATR42–500 

airplanes. This AD requires inspecting 

for correct installation of the fastener 

that attaches the ground braids on the 

elevator, modifying the forward bonded 

assembly of the elevator control rod, 

and corrective action if necessary. This 

AD results from a functional test of the 

elevator trim tab control rod of the 

leading edge, which showed that, in a 

full-up elevator condition with the tab 

fully down, interference could occur 

between the tab control rod and the 

forward edge of the lower skin of the 

elevator. We are issuing this AD to 

prevent discrepancies between the 

elevator trim tab control rod and the 

forward edge of the lower skin of the 

elevator, which could result in reduced 

control of the elevator and consequent 

reduced controllability of the airplane. 

DATES: Effective September 29, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of September 29, 2005. 

We must receive comments on this 

AD by November 14, 2005. 

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. 

• 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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 227–2125; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The Direction Ge ́ne ́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 

ATR42–500 airplanes. The DGAC 

advises that a functional test of the 

elevator trim tab control rod of the 

leading edge showed that, in a full-up 

elevator condition with the tab fully 

down, interference could occur between 

the tab control rod and the forward edge 

of the lower skin of the elevator. The 

ground point of the elevator interferes 

with the tab control rod. Additionally, 

a possible contact between the tab 

control rod and the clamping of an 

electrical bonding lead installed on the 

lower skin of the elevator was found, 

which was caused by a mislocated 

fastener. This contact could prevent the 

elevator from reaching the upper stop 

and lead to potential tab damage. These 

conditions, if not corrected, could result 

in reduced control of the elevator and 

consequent reduced controllability of 

the airplane. 

Relevant Service Information 

Aerospatiale has issued Avions de 

Transport Regional Service Bulletin 

ATR42–55–0009, dated July 12, 2002. 

The service bulletin describes 

procedures for modifying the forward 

bonded assembly of the elevator trim tab 

control rod. 

Aerospatiale has also issued Avions 

de Transport Regional Service Bulletin 

ATR42–55–0010, Revision 1, dated 

March 11, 2003. The service bulletin 

describes procedures for inspecting for 

correct installation of the fastener that 

attaches the ground braids on the 

elevator, and corrective action if 

necessary. The corrective action 

includes correctly installing any 

misaligned attachment fasteners. 

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 2002–431(B), 

dated August 21, 2002, to ensure the 

continued airworthiness of these 

airplanes in France. 

FAA’s Determination and Requirements 

of this AD 

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. 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 discrepancies between the 

elevator trim tab control rod and the 

forward edge of the elevator skin, which 

could result in reduced control of the 

elevator and consequent reduced 

controllability of the airplane. This AD 

requires accomplishing the actions 

specified in the service information 

described previously, except as 

discussed under ‘‘Difference Between 

French Airworthiness Directive and 

This AD.’’

Difference Between French 

Airworthiness Directive and This AD 

The applicability of the French 

airworthiness directive excludes 

airplanes that accomplished ATR 

Service Bulletin ATR42–55–0009 in 

service. However, we have not excluded 

those airplanes in the applicability of 

this proposed AD; rather, this proposed 

AD includes a requirement to 

accomplish the actions specified in that 

service bulletin. This requirement 

would ensure that the actions specified 

in the service bulletin and required by 

this proposed AD are accomplished on 

all affected airplanes. Operators must 

continue to operate the airplane in the 

configuration required by this proposed 

AD unless an alternative method of 

compliance is approved. This difference 

has been coordinated with the DGAC. 

Clarification of Inspection Terminology 

In this AD, the ‘‘inspection’’ specified 

in the French airworthiness directive 

and Service Bulletin ATR42–55–0010 is 

referred to as a ‘‘detailed inspection.’’

We have included the definition for a 

detailed inspection in a note in the AD. 

54250 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 

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 required actions would take about 

20 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Based on these figures, the estimated 

cost of the AD would be $1,300 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 the address listed under 

the ADDRESSES section. Include ‘‘Docket 

No. FAA–2005–20406; Directorate 

Identifier 2002–NM–242–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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2005–19–05 Aerospatiale: Amendment 39–

14270. Docket No. FAA–2005–20406; 

Directorate Identifier 2002–NM–242–AD. 

Effective Date 

(a) This AD becomes effective September 

29, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Aerospatiale Model 

ATR42–500 airplanes, certificated in any 

category, that are not modified by ATR 

Modification 5385. 

Unsafe Condition 

(d) This AD results from a functional test 

of the elevator trim tab control rod of the 

leading edge, which showed that, in a fullup elevator condition with the tab fully 

down, interference could occur between the 

tab control rod and the forward edge of the 

lower skin of the elevator. The FAA is 

issuing this AD to prevent discrepancies 

between the elevator trim tab control rod and 

the forward edge of the lower skin of the 

elevator, which could result in reduced 

control of the elevator 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. 

Inspection/Modification 

(f) Within 48 months after the effective 

date of this AD: Do the actions required by 

paragraphs (f)(1) and (f)(2) of this AD. 

(1) Modify the forward bonded assembly of 

the control rod in accordance with Avions de 

Transport Regional Service Bulletin ATR42–

55–0009, dated July 12, 2002. 

(2) Perform a detailed inspection for 

correct installation of the fastener that 

attaches the ground braids on the elevator, in 

accordance with Avions de Transport 

Regional Service Bulletin ATR42–55–0010, 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 54251 

Revision 1, dated March 11, 2003. Correct 

any discrepancies before further flight in 

accordance with the service bulletin. 

Inspections and corrective action done before 

the effective date of this AD in accordance 

with Avions de Transport Regional Service 

Bulletin ATR42–55–0010, dated July 12, 

2002, are acceptable for compliance with this 

paragraph. 

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.’’

Alternative Methods of Compliance 

(AMOCs) 

(g) 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. 

Related Information 

(h) French airworthiness directive 2002–

431(B), dated August 21, 2002, also addresses 

the subject of this AD. 

Material Incorporated by Reference 

(i) You must use Avions de Transport 

Regional Service Bulletin ATR42–55–0009, 

dated July 12, 2002; and Avions de Transport 

Regional Service Bulletin ATR42–55–0010, 

Revision 1, dated March 11, 2003; as 

applicable, to perform the actions that are 

required by this AD, unless the AD specifies 

otherwise. Avions de Transport Regional 

Service Bulletin ATR42–55–0010, Revision 1, 

dated March 11, 2003, includes the following 

list of effective pages: 

LIST OF EFFECTIVE PAGES

Page 

No. 

Revision 

level shown 

on page 

Date shown on 

page 

1, 2, 4–13 .. 1 ................ March 11, 2003. 

3 ................ Original ...... July 12, 2002. 

The Director of the Federal Register 

approved the incorporation by reference of 

these documents in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. 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/federalregister/cfr/ibr-locations.html. 

Issued in Renton, Washington, on 

September 6, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–18061 Filed 9–13–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20405; Directorate 

Identifier 2002–NM–243–AD; Amendment 

39–14269; AD 2005–19–04] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A340–200 and –300 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus Model A340–200 and –300 series 

airplanes. This AD requires revising the 

airplane flight manual to incorporate 

new procedures for the flightcrew to 

follow to correct miscalculation of the 

takeoff and accelerating or stopping 

distance of the airplane during a ferry 

flight under certain conditions. This AD 

results from a report that a software 

error could result in a miscalculation 

(underestimation) of the runway length 

necessary for takeoff in the case of a 

ferry flight with one engine not 

operating. We are issuing this AD to 

prevent this miscalculation, which, if 

combined with high takeoff weight, tooshort runway length, and high altitude 

and temperature of the airport, could 

result in inability of the flightcrew to 

abort the takeoff in a safe manner, 

reduced controllability of the airplane, 

and runway overrun. 

DATES: Effective September 29, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of September 29, 2005. 

We must receive comments on this 

AD by November 14, 2005. 

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. 

• 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 Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, 

for service information identified in this 

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: 

Discussion 

The Direction Ge ́ne ́rale de l’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, 

notified us that an unsafe condition may 

exist on certain Airbus Model A340–200 

and –300 series airplanes. The DGAC 

advises that, during certification of 

Airbus Model A340–600 series 

airplanes, an error in the Octopus 

software was discovered. The software 

error results in a miscalculation 

(underestimation) of the runway length 

necessary for takeoff in the case of a 

ferry flight with one engine not 

operating. In this situation, the takeoff 

procedure requires a progressive power 

setting of the engine symmetrical to the 

failed or non-operational engine. 

Investigation revealed that the 

calculations performed by the software 

give the same thrusts in the transient 

system for the three operational engines, 

resulting in an error in calculation of 

650 meters (2,133 feet) for the takeoff 

and accelerate/stop distance. This 

condition, if combined with high takeoff 

weight, too-short runway length, and 

high altitude and temperature of the 

airport, could result in inability of the 

flightcrew to abort the takeoff in a safe 

manner, reduced controllability of the 

airplane, and runway overrun. 

Relevant Service Information 

Airbus has issued Temporary 

Revision (TR) 6.03.02/05, dated August 

8, 2002, to the A340 Airplane Flight 

Manual (AFM). The TR describes 

procedures for revising the limitations 

section (appendices and supplements) 

of the AFM to provide procedures for 

the flightcrew to follow to correct