[Federal Register: August 21, 2006 (Volume 71, Number 161)]
[Rules and Regulations]
[Page 48466-48470]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au06-9]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25610; Directorate Identifier 2005-NM-260-AD;
Amendment 39-14727; AD 2006-17-06]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale Model ATR42-500 Airplanes
and Model ATR72-212A Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain Aerospatiale Model ATR42-500 and ATR72-
212A series airplanes, that requires repetitive inspections for
cracking of the upper closing rib of the vertical fin, related
investigative actions, and corrective actions if necessary. This new AD
requires modifying the installation of the vertical leading edge
fairing at the fin tip, which ends the repetitive inspections. This AD
results from a report that rudder operation difficulties occurred on a
Model ATR42-500 series airplane while the airplane was on the ground.
We are issuing this AD to prevent interference between the upper
closing rib and the rudder, which could result in a rudder jam and
consequent reduced controllability of the airplane.
DATES: This AD becomes effective September 5, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of September 5,
2006.
On July 22, 2004 (69 FR 33834, June 17, 2004), the Director of the
Federal Register approved the incorporation by reference of certain
other publications listed in the AD.
We must receive comments on this AD by October 20, 2006.
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.
[[Page 48467]]
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: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
On June 7, 2004, we issued AD 2004-12-13, amendment 39-13672 (69 FR
33834, June 17, 2004), for certain Aerospatiale Model ATR42-500 and
ATR72-212A series airplanes. That AD requires repetitive inspections
for cracking of the upper closing rib of the vertical fin, related
investigative actions, and corrective actions if necessary. That AD
resulted from a report that rudder operation difficulties occurred on a
Model ATR42-500 series airplane while the airplane was on the ground.
We issued that AD to prevent interference between the upper closing rib
and the rudder, which could result in a rudder jam and consequent
reduced controllability of the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2004-12-13, the Direction Gonorale de l'Aviation
Civile (DGAC), which is the airworthiness authority for France,
notified us that the manufacturer developed a terminating modification
for the repetitive inspections of the existing AD.
Relevant Service Information
Avions de Transport Regional has issued Service Bulletin ATR42-55-
0012, Revision 2, including Accomplishment Report, dated June 28, 2005
(for Model ATR42-500 airplanes); and ATR72-55-1004, Revision 3,
including Accomplishment Report, dated September 23, 2005 (for Model
ATR72-212 airplanes). The service bulletins describe procedures for
modifying the installation of the vertical leading edge fairing at the
fin tip. The modification includes doing a detailed inspection for
cracking, misplacement, or deformation of the upper closing rib of the
vertical fin.
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 F-
2005-059, dated April 13, 2005, to ensure the continued airworthiness
of these airplanes in France.
Avions de Transport Regional Service Bulletin ATR42-55-0012 refers
to Avions de Transport Regional Service Bulletin ATR42-55-0011, dated
September 26, 2002 (for Model ATR42-500 airplanes), as the appropriate
source of service information for doing the detailed inspection. Avions
de Transport Regional Service Bulletin ATR72-55-1004 refers to Avions
de Transport Regional Service Bulletin ATR72-55-1003, Revision 1, dated
November 13, 2002 (for Model ATR72-212 airplanes), as the appropriate
source of service information for doing the detailed inspection.
FAA's Determination and Requirements of This AD
These airplane models are manufactured in France and are 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 interference between
the upper closing rib and the rudder, which could result in a rudder
jam and consequent reduced controllability of the airplane. This AD
supersedes AD 2004-12-13 and retains the requirements of the existing
AD. This AD also requires modifying the installation of the vertical
leading edge fairing at the fin tip, which terminates the repetitive
inspection requirements of the existing AD.
Change to Existing AD
This AD retains all requirements of AD 2004-12-13. Since AD 2004-
12-13 was issued, the AD format has been revised, and certain
paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this AD, as listed in the
following table:
Revised Paragraph Identifiers
------------------------------------------------------------------------
Corresponding requirement in
Requirement in AD 2004-12-13 this AD
------------------------------------------------------------------------
Paragraph (a)........................... Paragraph (f).
Paragraph (b)........................... Paragraph (g).
Paragraph (c)........................... Paragraph (h).
Paragraph (d)........................... Paragraph (i).
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Explanation of Change to Applicability
We have revised the applicability of the existing AD to identify
model designations as published in the most recent type certificate
data sheet for the affected models.
Explanation of Change Made to Requirements of Existing AD
Paragraph (d) of the existing AD specifies making repairs using a
method approved by either the FAA or the Direction
G[eacute]n[eacute]rale de l'Aviation Civile (or its delegated agent).
The European Aviation Safety Agency (EASA) has assumed responsibility
for the airplane models that are subject to this AD. Therefore, we have
revised paragraph (i) of this AD to specify making repairs using a
method approved by either the FAA or the EASA (or its delegated agent).
Clarification of Detailed Inspection Definition
For clarification, we have revised the definition of a ``detailed
inspection'' in this AD.
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 currently required inspections will take
approximately 2 work hours per airplane to accomplish, at an average
labor rate of $80 per work hour. Based on these figures, the currently
required inspections of this AD on U.S. operators are estimated to be
$160 per airplane.
If an affected airplane is imported and placed on the U.S. Register
in the future, the required modification of this new AD will take
between 16 and 40 work hours per airplane to accomplish, at an average
labor rate of $80 per work hour. The required parts will cost between
approximately $1,700 and $9,260. Based
[[Page 48468]]
on these figures, the required modification of this AD on U.S.
operators is estimated to be between $2,980 and $12,460 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 an
address listed in the ADDRESSES section. Include ``Docket No. FAA-2006-
25610; Directorate Identifier 2005-NM-260-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
removing amendment 39-13672 (69 FR 33834, June 17, 2004) and adding the
following new airworthiness directive (AD):
2006-17-06 Aerospatiale: Amendment 39-14727. Docket No. FAA-2006-
25610; Directorate Identifier 2005-NM-260-AD.
Effective Date
(a) This AD becomes effective September 5, 2006.
Affected ADs
(b) This AD supersedes AD 2004-12-13.
Applicability
(c) This AD applies to Aerospatiale Model ATR42-500 airplanes
and Model ATR72-212A airplanes, certificated in any category; on
which Aerospatiale Modification 4440 has been accomplished; except
those Model ATR42-500 airplanes having serial numbers (S/Ns) 618 and
subsequent; and except those Model ATR72-212A airplanes having S/Ns
682, 683, 684, 687, and 694 and subsequent.
Unsafe Condition
(d) This AD results from a report that rudder operation
difficulties occurred on a Model ATR42-500 series airplane while the
airplane was on the ground. We are issuing this AD to prevent
interference between the upper closing rib and the rudder, which
could result in a rudder jam 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.
Restatement of Requirments of AD 2004-12-13
Service Bulletin References for Paragraphs (g), (h), and (i) of
This AD
(f) The term ``service bulletin,'' as used in paragraphs (g),
(h), and (i) of this AD, means the Accomplishment Instructions of
Avions de Transport Regional Service Bulletin ATR42-55-0011,
excluding the Accomplishment Report, dated September 26, 2002 (for
Model ATR42-500 series airplanes); and Avions de Transport Regional
Service Bulletin ATR72-55-1003, Revision 1, excluding the
Accomplishment Report, dated November 13, 2002 (for Model ATR72-212A
series airplanes); as applicable.
(1) For Model ATR72-212A series airplanes: Actions accomplished
before the effective date of this AD per Avions de Transport
Regional Service Bulletin ATR72-55-1003, dated October 11, 2002, are
acceptable for compliance with the corresponding actions required by
this AD.
(2) Where the service bulletins specify to report inspection
results to the manufacturer, this AD does not require such
reporting.
[[Page 48469]]
Repetitive Inspections
(g) Within 500 flight hours after July 22, 2004 (the effective
date of AD 2004-12-13): Perform a detailed inspection for cracking
of the upper closing rib of the vertical fin, per the Accomplishment
Instructions of the applicable service bulletin. Repeat this
inspection thereafter at intervals not to exceed 500 flight hours
until the modification required by paragraph (j) of this AD is
accomplished.
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.''
One-time Follow-on Inspections
(h) Before further flight following the initial detailed
inspection for cracking required by paragraph (g) of this AD,
measure the planarity of the upper closing rib and measure the gap
between the rudder horn and the upper closing rib of the vertical
fin; per paragraphs 2.C.(2) and 2.C.(3) of the Accomplishment
Instructions of the applicable service bulletin.
Repair
(i) If any crack is found during any inspection required by
paragraph (g) of this AD; or if any wave, anomaly, or measurement is
found that is outside the limits specified in the applicable service
bulletin: Before further flight, do all applicable actions in and
per paragraph 2.C.(4) of the applicable service bulletin; except,
where the applicable service bulletin says to contact the
manufacturer for an approved repair solution, repair per a method
approved by either the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the European Aviation Safety
Agency (or its delegated agent).
New Requirements of This AD
Modification
(j) Within 4,000 flight hours or 36 months after the effective
date of this AD, whichever occurs first: Modify the installation of
the vertical leading edge fairing at the fin tip (including doing
the detailed inspection for cracking, misplacement, or deformation
of the upper closing rib of the vertical fin) by accomplishing all
the actions specified in the Accomplishment Instructions of Avions
de Transport Regional Service Bulletin ATR42-55-0012, Revision 2,
dated June 28, 2005 (for Model ATR42-500 airplanes); or ATR72-55-
1004, Revision 3, dated September 23, 2005 (for Model ATR72-212
airplanes); as applicable; except where the service bulletins
specify to submit certain information to the manufacturer, this AD
does not include that requirement. Accomplishment of this
modification terminates the repetitive inspection requirement of
paragraph (g) of this AD.
Note 2: Avions de Transport Regional Service Bulletin ATR42-55-
0012 refers to Avions de Transport Regional Service Bulletin ATR42-
55-0011, dated September 26, 2002 (for Model ATR42-500 airplanes),
as the appropriate source of service information for doing the
detailed inspection specified in paragraph (j) of this AD. Avions de
Transport Regional Service Bulletin ATR72-55-1004 refers to Avions
de Transport Regional Service Bulletin ATR72-55-1003, Revision 1,
dated November 13, 2002 (for Model ATR72-212 airplanes), as the
appropriate source of service information for doing the detailed
inspection specified in paragraph (j) of this AD.
Modification According to Previous Issues of the Service Bulletins
(k) Modifying the installation of the vertical leading edge
fairing at the fin tip is also acceptable for compliance with the
requirements of paragraph (j) of this AD if done before the
effective date of this AD in accordance with one of the following
service bulletins:
Table 1.--Previous Issues of Service Bulletins
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Avions de Transport Regional Service
Bulletin Revision level Date
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ATR42-55-0012......................... Original........................... December 15, 2004.
ATR42-55-0012......................... 1.................................. March 3, 2005.
ATR72-55-1004......................... Original........................... December 15, 2004.
ATR72-55-1004......................... 1.................................. March 3, 2005.
ATR72-55-1004......................... 2.................................. June 28, 2005.
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Alternative Methods of Compliance (AMOCs)
(l)(1) The Manager, International Branch, ANM-116, has the
authority to approve AMOCs for this AD, if requested in accordance
with the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(m) French airworthiness directive F-2005-059, dated April 13,
2005, also addresses the subject of this AD.
Material Incorporated by Reference
(n) You must use the service bulletins listed in Table 2 of this
AD, as applicable, to perform the actions that are required by this
AD, unless the AD specifies otherwise.
Table 2.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Avions de Transport Regional Service
Bulletin Revision level Date
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ATR42-55-0011, excluding the Original........................... September 26, 2002.
Accomplishment Report.
ATR42-55-0012, excluding the 2.................................. June 28, 2005.
Accomplishment Report.
ATR72-55-1003, excluding the 1.................................. November 13, 2002.
Accomplishment Report.
ATR72-55-1004, excluding the 3.................................. September 23, 2005.
Accomplishment Report.
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(1) The Director of the Federal Register approved the
incorporation by reference of Avions de Transport Regional Service
Bulletin ATR42-55-0012, Revision 2, excluding the Accomplishment
Report, dated June 28, 2005; and Avions de Transport Regional
Service Bulletin ATR72-55-1004, Revision 3, excluding the
Accomplishment Report, dated September 23, 2005; in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Avions de Transport Regional
Service Bulletin ATR42-55-0012, Revision 2, excluding the
Accomplishment Report, dated June 28, 2005, includes the following
effective pages:
[[Page 48470]]
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Page Nos. Revision level shown on page Date shown on page
----------------------------------------------------------------------------------------------------------------
1, 3, 4, 7, 9, 12, 13, 15-17, 19, 24, 2.................................. June 28, 2005.
25, 27, 28, 31, 37, 38.
2, 21, 39, 40......................... 1.................................. March 3, 2005.
5, 6, 8, 10, 11, 14, 18, 20, 22, 23, Original........................... December 15, 2004.
26, 29, 30, 32-36, 41-46.
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Avions de Transport Regional Service Bulletin ATR72-55-1004,
Revision 3, excluding the Accomplishment Report, dated September 23,
2005, includes the following effective pages:
----------------------------------------------------------------------------------------------------------------
Page Nos. Revision level shown on page Date shown on page
----------------------------------------------------------------------------------------------------------------
1, 4, 43, 44.......................... 3.................................. September 23, 2005.
2, 21, 39, 40......................... 1.................................. March 3, 2005.
3, 7, 9, 12, 13, 15-17, 19, 24, 25, 2.................................. June 28, 2005.
27, 28, 31, 37, 38.
5, 6, 8, 10, 11, 14, 18, 20, 22, 23, Original........................... December 15, 2004.
26, 29, 30, 32-36, 41, 42, 45, 46.
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(2) On July 22, 2004 (69 FR 33834, June 17, 2004), the Director
of the Federal Register approved the incorporation by reference of
Avions de Transport Regional Service Bulletin ATR42-55-0011,
excluding the Accomplishment Report, dated September 26, 2002; and
Avions de Transport Regional Service Bulletin ATR72-55-1003,
Revision 1, excluding the Accomplishment Report, dated November 13,
2002.
(3) 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/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on August 9, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-13651 Filed 8-18-06; 8:45 am]
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