[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Rules and Regulations]
[Pages 54249-54251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18061]



[[Page 54249]]

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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.

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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.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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 G[eacute]n[eacute]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.

[[Page 54250]]

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

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 
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 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 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,

[[Page 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
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                                    Revision level
            Page  No.                shown on page    Date shown on page
------------------------------------------------------------------------
1, 2, 4-13......................  1.................  March 11, 2003.
3...............................  Original..........  July 12, 2002.
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    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/federal-register/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]
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