Airworthiness Directives; Aerospatiale Model ATR42 Series Airplanes

[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Rules and Regulations]
[Pages 17522-17524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8689]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-175-AD; Amendment 39-11115; AD 99-08-09]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Aerospatiale Model ATR42-300 and -320 
series airplanes, that currently requires a one-time inspection of the 
main landing gear (MLG) actuator fitting bolt holes for correct 
alignment, and rework of the fitting surface and bolt replacement, if 
necessary. This amendment requires replacement of the MLG actuator 
fitting bolts with new, improved bolts. This amendment also revises the 
applicability of the existing AD. This amendment is prompted by 
issuance of mandatory continuing airworthiness information by a foreign 
civil airworthiness authority. The actions specified by this AD are 
intended to prevent failure of the MLG actuator fitting bolts, which 
could result in the inability to retract the MLG and attain an adequate 
climb gradient.

DATES: Effective May 17, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 17, 1999.

ADDRESSES: The service information referenced in this AD may be 
obtained from AI(R) American Support, Inc., 13850 Mclearen Road, 
Herndon, Virginia 20171. 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: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 90-19-06,

[[Page 17523]]

amendment 39-6727 (55 FR 37457, September 12, 1990), which is 
applicable to certain Aerospatiale Model ATR42-300 and -320 series 
airplanes, was published in the Federal Register on August 13, 1998 (63 
FR 43335). The action proposed to require replacement of the MLG 
actuator fitting bolts with new, improved bolts. The action also 
proposed to revise the applicability of the existing AD.

Comments Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Extend Compliance Time

    One commenter requests that the compliance time for accomplishment 
of the replacement be extended from the proposed 7 months to 13 months 
after the date of its letter (August 20, 1998). The commenter states 
that such an extension would allow the replacement to be accomplished 
during a regularly scheduled ``heavy check'', and thereby eliminate any 
additional expenses that would be associated with special scheduling.
    The FAA concurs that the compliance times can be extended somewhat. 
The FAA's intent was that the replacement be conducted 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 10 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 10 months. The FAA does not consider that this 
extension will adversely affect safety. In addition, under the 
provisions of paragraph (b) of the final rule, the FAA may approve 
requests for adjustments to the compliance time if data are submitted 
to substantiate that such an adjustment would provide an acceptable 
level of safety.

Request to Reference Latest Service Bulletin

    One commenter requests that the proposed AD be revised to reference 
Revision 1 of Avions de Transport Regional Service Bulletin ATR42-53-
0112, dated April 22, 1998. The commenter states that Revision 1 
clarifies the instructions for the replacement and description of the 
work to be accomplished. The FAA concurs. Since issuance of the NPRM, 
the Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, has approved and the FAA has 
reviewed Revision 1 of the subject service bulletin. The FAA finds that 
the replacement procedures specified in Revision 1 are essentially 
identical to those described in the original version of the service 
bulletin (which was referenced in the proposed AD as the appropriate 
source of service information for accomplishment of the replacement). 
Therefore, the FAA has revised paragraph (a) of the final rule to 
include Revision 1 of the subject service bulletin as an additional 
source of service information.

Conclusion

    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 changes 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.

Cost Impact

    There are approximately 79 airplanes of U.S. registry that will be 
affected by this AD.
    The new replacement that is required in this AD action will take 
approximately 12 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts will cost approximately 
$250 per airplane. Based on these figures, the cost impact of the 
required replacement of this AD on U.S. operators is estimated to be 
$76,630, or $970 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.

Regulatory Impact

    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. 106(g), 40113, 44701.

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-6727 (55 FR 
37457, September 12, 1990), and by adding a new airworthiness directive 
(AD), amendment 39-11115, to read as follows:

99-08-09 Aerospatiale: Amendment 39-11115. Docket 98-NM-175-AD. 
Supersedes AD 90-19-06, Amendment 39-6727.

    Applicability: Model ATR42-200, -300 -320, and -500 series 
airplanes; except for airplanes on which either Aerospatiale 
Modification 4052 or Avions de Transport Regional Service Bulletin 
ATR42-53-0097, dated November 7, 1997, or Revision 1, dated January 
20, 1997, has been accomplished; certificated in any category.

    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 (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by

[[Page 17524]]

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 failure of the main landing gear (MLG) actuator 
fitting bolts, which could result in the inability to retract the 
MLG and attain an adequate climb gradient, accomplish the following:

Required Replacement

    (a) Within 10 months after the effective date of this AD, 
replace the MLG actuator fitting bolts with new, improved bolts in 
accordance with Avions de Transport Regional Service Bulletin ATR42-
53-0112, dated January 20, 1998, or Revision 1, dated April 22, 
1998.

Alternative Methods of Compliance

    (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, International Branch, ANM-116, 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, International 
Branch, ANM-116.

    Note 2: 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

    (c) 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

    (d) The replacement shall be done in accordance with Avions de 
Transport Regional Service Bulletin ATR42-53-0112, dated January 20, 
1998, or Avions de Transport Regional Service Bulletin ATR42-53-
0112, Revision 1, dated April 22, 1998, which contains the following 
list of effective pages:

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              Page number                  Revision level shown on page             Date shown on page
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1, 9-11, 14, 16, 19....................  1..............................  April 22, 1998.
2-8, 12, 13, 15, 17, 18................  Original.......................  January 20, 1998.
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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 AI(R) American Support, Inc., 13850 
Mclearen Road, Herndon, Virginia 20171. 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 3: The subject of this AD is addressed in French 
airworthiness directive 97-115-070(B)R1, dated February 11, 1998.

    (e) This amendment becomes effective on May 17, 1999.

    Issued in Renton, Washington, on April 1, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-8689 Filed 4-9-99; 8:45 am]
BILLING CODE 4910-13-P

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