Federal Register / Vol. 60, No. 39 / Tuesday, February 28, 1995 / Rules and Regulations 10807

(e) This amendment becomes effective on

March 30, 1995.

Issued in Renton, Washington, on February

6, 1995.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–3355 Filed 2–27–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 94–NM–83–AD; Amendment

39–9144; AD 95–03–07]

Airworthiness Directives; Aerospatiale

Model ATR72–101, –102, –201, and

–202 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Aerospatiale Model

ATR72 series airplanes, that requires an

inspection to determine the model and

orientation of certain flight control rods,

and replacement of the rods with

modified rods, if necessary. This

amendment is prompted by reports of

corrosion found on the pitch and rudder

trim and rudder travel limiter fail-safe

rods. The actions specified by this AD

are intended to prevent problems

associated with corrosion of the flight

control rods, which could compromise

the required strength of these items.

DATES: Effective March 30, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 30,

1995.

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:

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 ATR72 series airplanes was

published in the Federal Register on

July 27, 1994 (59 FR 38139). That action

proposed to require an inspection to

determine the model and orientation of

certain flight control rods, and

replacement of the rods with modified

rods, if necessary.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

The FAA has determined that air safety

and the public interest require the

adoption of the rule as proposed.

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 effects 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 requirement. The FAA has

determined that this addition will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

Additionally, 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 28 airplanes

of U.S. registry will be affected by this

AD, that it will take approximately 6

work hours per airplane to accomplish

the required inspection, and that the

average labor rate is $60 per work hour.

Based on these figures, the total cost

impact of the AD on U.S. operators is

estimated to be $10,080, or $360 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.

Should replacement of any of the

flight control rods be necessary, the

number of work hours and the cost of

required parts will vary according to the

type of replacement accomplished. In a

‘‘worst case scenario’’ (all subject rods

needing replacement), the cost of parts

will be approximately $8,200 per

airplane. Labor necessary to accomplish

replacement of a rod(s) will vary from

2 work hours to 10 work hours, at an

average labor rate of $60 per work hour.

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.
10808 Federal Register / Vol. 60, No. 39 / Tuesday, February 28, 1995 / Rules and Regulations

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

95–03–07 Aerospatiale: Amendment 39–

9144. Docket 94–NM–83–AD.

Applicability: Model ATR72–101, –102,

–201, and –202 series airplanes; as listed in

Aerospatiale Service Bulletin ATR72–27–

1033, dated February 23, 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 (d) 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 problems associated with

corrosion of the flight control rods, which

could compromise the required strength of

these items, accomplish the following:

Note 2: Rods replaced and installed in

accordance with the instructions of any

version of Aerospatiale Service Bulletin

ATR72–27–1010 prior to the effective date of

this AD are not affected by the requirements

of this AD.

(a) For airplanes having Manufacturer’s

Serial Numbers (MSN) 126 through 183,

inclusive: Within 18 months after the

effective date of this AD, visually inspect the

elevator trim fail-safe rods to determine the

model and the orientation of the open end of

the rod, in accordance with Part A of

Aerospatiale Service Bulletin ATR72–27–

1033, dated February 23, 1994.

(1) If a SARMA-type rod is installed, prior

to further flight, replace that rod with a

modified rod, in accordance with

Aerospatiale Service Bulletin ATR72–27–

1012, Revision 3, dated October 7, 1991.

(2) If a TAC-type rod is installed, and if the

open end of the rod is oriented in any

direction other than downwards, prior to

further flight, accomplish the reverse

installation procedures specified in

Aerospatiale Service Bulletin ATR72–27–

1010, Revision 4, dated February 23, 1994.

(b) For airplanes having MSN’s 126

through 198 inclusive, 204, and 207: Within

18 months after the effective date of this AD,

visually inspect the rudder trim fail-safe rods

to determine the model and the orientation

of the open end of the rod, in accordance

with Part B of Aerospatiale Service Bulletin

ATR72–27–1033, dated February 23, 1994.

(1) If a SARMA-type rod is installed, prior

to further flight, replace that rod with a

modified rod, in accordance with

Aerospatiale Service Bulletin ATR72–27–

1012, Revision 3, dated October 7, 1991.

(2) If a TAC-type rod is installed, and if the

open end of the rod is oriented in any

direction other than downwards, prior to

further flight, accomplish the reverse

installation procedures specified in

Aerospatiale Service Bulletin ATR72–27–

1010, Revision 4, dated February 23, 1994.

(c) For airplanes having MSN’s 198, and

126 through 237 inclusive: Within 18 months

after the effective date of this AD, visually

inspect the rudder travel limitation unit failsafe rods to determine the model and the

orientation of the open end of the rod, in

accordance with Part C of Aerospatiale

Service Bulletin ATR72–27–1033, dated

February 23, 1994.

(1) If a SARMA-type rod is installed, prior

to further flight, replace that rod with a new

rod in accordance with Aerospatiale Service

Bulletin ATR72–27–1027, dated July 28,

1993.

(2) If a TAC-type rod is installed at the

rudder travel limitation rod location, and if

the open end of the rod is oriented in any

direction other than downwards, prior to

further flight, inspect that rod in accordance

with Aerospatiale Service Bulletin ATR72–

27–1027, dated July 28, 1993.

(i) If no crack(s), deformation, or corrosion

of the rod is found, prior to further flight,

reinstall the rod so that the open end is

oriented downwards, in accordance with the

service bulletin.

(ii) If any crack(s), deformation, or

corrosion of the rod is found, prior to further

flight, replace the rod with a modified rod in

accordance with the 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 §§ 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.

(f) The inspections, replacements, reverse

installations, and reinstallation shall be done

in accordance with the following

Aerospatiale service bulletins, as applicable,

which contain the specified effective pages:

Service bulletin referenced and date Page No.

Revision

level shown

on page

Date shown on

page

ATR72–27–1012, Revision 3, October 7, 1991 ................................................................ 1 ............................. 3 .................. Oct. 7, 1991.

2, 4, 6, 9 ................. Original ........ Oct. 29, 1990.

5, 7, 8 ..................... 1 .................. Nov. 21, 1990.

3 ............................. 2 .................. May 16, 1991.

ATR72–27–1033 Original Issue, February 23, 1994 ........................................................ 1–10 ....................... Original ........ Feb. 23, 1994.

ATR72–27–1027, Original Issue, July 28, 1993 ............................................................... 1–11 ....................... Original ........ July 28, 1993.

ATR72–27–1010, Revision 4, February 23, 1994 ............................................................. 1, 3 ......................... 4 .................. Feb. 23, 1994.

2, 7 ......................... Original ........ June 22, 1990.

4 ............................. 2 .................. Jan. 10, 1991.

5, 6 ......................... 1 .................. Nov. 21, 1990.

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.

(g) This amendment becomes effective on

March 30, 1995.

Issued in Renton, Washington, on February

6, 1995.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–3356 Filed 2–27–95; 8:45 am]

BILLING CODE 4910–13–U