Airworthiness Directives; Aerospatiale Model ATR42-200, -300, -320, and -500 Series Airplanes; and Model ATR72-102, -202, -212, and 212A Series Airplanes

[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Rules and Regulations]
[Pages 36451-36452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15220]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-331-AD; Amendment 39-13195; AD 2003-12-10]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42-200, -300, -
320, and -500 Series Airplanes; and Model ATR72-102, -202, -212, and 
212A 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, -320, and -
500 series airplanes; and Model ATR72-102, -202, -212, and 212A series 
airplanes; that requires modification of the flight attendant's seat 
located in the front of the cabin, and follow-on actions. This action 
is necessary to prevent release of the forward flight attendant's 
shoulder restraint harness, which could result in injury to the flight 
attendant in case of turbulence. This action is intended to address the 
identified unsafe condition.

DATES: Effective July 23, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 23, 2003.

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: 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: 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, and -500 series airplanes; and Model ATR72-102, -202, 
-212, and 212A series airplanes was published in the Federal Register 
on February 21, 2003 (68 FR 8477). That action proposed to require 
modification of the flight attendant's seat located in the front of the 
cabin, and follow-on actions.

Comments

    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.

Clarification of Applicability

    We have revised the applicability listed in Table 1 in this final 
rule to more clearly identify those airplanes affected by this AD.

Conclusion

    After careful review of the available data, we have determined that 
air safety and the public interest require the adoption of the rule 
with the change described previously. The FAA has determined that this 
change will neither increase the economic burden on any operator nor 
increase the scope of the AD.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Cost Impact

    The FAA estimates that approximately 80 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 1 work 
hour per airplane to accomplish the required actions, and that the 
average labor rate is $60 per work hour. Required parts will cost 
approximately $1,786 per airplane. Based on these figures, the cost 
impact of the AD on U.S. operators is estimated to be $147,680, or 
$1,846 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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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

0
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

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

2003-12-10 Aerospatiale: Amendment 39-13195. Docket 2002-NM-331-AD.


[[Page 36452]]


    Applicability: Airplanes listed in the following table, 
certificated in any category:

                         Table 1.--Applicability
------------------------------------------------------------------------
                                                        On which these
                                    On which these    modifications have
        Airplane models--         modifications have       not been
                                   been installed--       installed--
------------------------------------------------------------------------
ATR42-200, -300, and --320        0384, 1685, or      5328 per ATR
 series airplanes.                 1991; or            Service Bulletin
                                   modifications per   ATR42-25-0141,
                                   Avions de           0619, or 8023 per
                                   Transport           ATR Service
                                   Regional (ATR)      Bulletin ATR42-98-
                                   Service Bulletins   025A
                                   ATR42-25-0082,
                                   ATR42-98-331A, or
                                   ATR42-98-409C.
ATR42-500 series airplanes......  4181 or 5042......  5301 per ATR
                                                       Service Bulletin
                                                       ATR42-98-524D, or
                                                       5328 per ATR
                                                       Service Bulletin
                                                       ATR42-25-0141
ATR72-102, -202, -212, and -212A  (No applicable      5328 (replacement
 series airplanes.                 modification).      of the inertia-
                                                       reel harness with
                                                       a fixed harness)
                                                       per ATR Service
                                                       Bulletin ATR72-25-
                                                       1082
------------------------------------------------------------------------


    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 (c) 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 prevent release of the forward flight attendant's shoulder 
restraint harness, which could result in injury to the flight 
attendant in case of turbulence; accomplish the following:

Modification

    (a) Within 18 months after the effective date of this AD: Modify 
the forward flight attendant's seat located in the front of the 
cabin (including replacing the inertia-reel harness with a new fixed 
harness, and replace the backrest cover and backrest cushion with 
new components), per ATR Service Bulletin ATR42-25-0141, dated 
October 15, 2002 (for Model ATR42-200, -300, -320, and -500 series 
airplanes); or Service Bulletin ATR72-25-1082, dated October 15, 
2002 (for Model ATR72-102, -202, -212, and 212A series airplanes); 
as applicable.

Follow-on Actions

    (b) Before further flight following accomplishment of the 
modification required by paragraph (a) of this AD: Accomplish 
paragraphs (b)(1) and (b)(2) of this AD per ATR Service Bulletin 
ATR42-25-0141, dated October 15, 2002; or ATR Service Bulletin 
ATR72-25-1082, dated October 15, 2002; as applicable.
    (1) Replace the seat identification placard with a new placard 
having a new part number (P/N).
    (2) Install a new modification placard to indicate 
accomplishment of the SICMA Service Bulletin 138-25-008, dated 
September 18, 2002.

    Note 2: ATR Service Bulletins ATR42-25-0141 and ATR72-25-1082 
reference SICMA Service Bulletin 138-25-008 as an additional source 
of service information for procedures to modify the forward flight 
attendant's seat, and to perform follow-on actions (including 
replacing the seat identification placard with a new placard, and 
installing a new modification placard).

Alternative Methods of Compliance

    (c) 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, 
Transport Airplane Directorate, FAA. 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (d) 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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Avions de 
Transport Regional Service Bulletin ATR42-25-0141, dated October 15, 
2002; or Avions de Transport Regional Service Bulletin ATR72-25-
1082, dated October 15, 2002; 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 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 4: The subject of this AD is addressed in French 
airworthiness directive 2002-539(B), dated October 30, 2002.

Effective Date

    (f) This amendment becomes effective on July 23, 2003.

    Issued in Renton, Washington, on June 10, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-15220 Filed 6-17-03; 8:45 am]
BILLING CODE 4910-13-P

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