[Federal Register Volume 60, Number 39 (Tuesday, February 28, 1995)]
[Rules and Regulations]
[Pages 10805-10807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3355]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-84-AD; Amendment 39-9145; AD 95-03-08]
Airworthiness Directives; Aerospatiale Model ATR42-300 and -320
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 ATR42-300 and -320 series
airplanes, that requires an inspection to determine the model and
orientation of certain flight control rods, and replacement with
modified rods, if necessary. This amendment is prompted by reports of
corrosion found on the pitch trim and rudder trim 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 on 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) 227-1100.
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
series airplanes was published in the Federal Register on July 21, 1994
(59 FR 37182). That action proposed to require an inspection to
determine the orientation of the end of rudder trim and elevator trim
fail-safe rods, and replacement of those rods having upwards-oriented
ends. -
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the single comment received. -
The commenter, Aerospatiale, requests that the compliance time
specified in proposed paragraph (a)(1) for replacement of SARMA-type
rods be extended to 18 months. The proposed rule would require that
these rods be replaced prior to further flight after they are
identified during the proposed inspection. The commenter considers this
replacement requirement to be too restrictive. The FAA does not concur.
The rule provides for a compliance time of 18 months for accomplishing
the one-time inspection to determine if these types of rods are
installed on the airplane. The FAA finds no justification for providing
an additional time thereafter for replacement of the discrepant rods.
The FAA does not consider the 18-month compliance time to be overly
restrictive, since it provides ample time for operators to schedule the
inspection during regularly scheduled maintenance and to acquire
necessary parts for replacement. However, under the provisions of
paragraph (b) of the final rule, if an operator were to find itself in
a situation in which replacement parts were not immediately available,
it could request approval for the use of an alternative method of
compliance until parts became available. -
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 effect 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 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. -
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. -
The FAA estimates that 128 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 4
[[Page 10806]] work hours per airplane to accomplish the required
actions, 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 $30,720, or $240 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 would vary
according to the type of replacement accomplished. In a ``worst case
scenario'' (both subject rods needing replacement), the cost of parts
would be approximately $6,000 per airplane. Labor necessary to
accomplish replacement of a rod(s) would vary from 54 to 87 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.
Sec. 39.13 [Amended] -
2. Section 39.13 is amended by adding the following new
airworthiness directive:
95-03-08 Aerospatiale: Amendment 39-9145. Docket 94-NM-84-AD.
-Applicability: Model ATR42-300 and -320 series airplanes on
which Aerospatiale Modification 02723 has not been installed,
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 (b) 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: -
(a) Within 18 months after the effective date of this AD,
visually inspect the elevator trim and rudder trim fail-safe rods to
determine the model and the orientation of the open end of the rod,
in accordance with Aerospatiale Service Bulletin ATR42-27-0071,
dated February 23, 1994. -
(1) If a SARMA-type rod is installed at either of these
locations, prior to further flight, replace that rod with a modified
rod, in accordance with Aerospatiale Service Bulletin ATR42-27-0049,
Revision 2, dated May 16, 1991. -
(2) If a TAC-type rod is installed at either of these locations,
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
ATR42-27-0048, Revision 2, dated May 16, 1991. -
(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, 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 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
-(c) Special flight permits may be issued in accordance with
Secs. 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. -
(d) The actions shall be done in accordance with the following
Aerospatiale Service Bulletins, which contain the specified
effective pages:
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Revision level
Service bulletin number and date Page No. shown on page Date shown on page
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ATR42-27-0071, Feb. 23, 1994.............. 1-8......................... Original........ Feb. 23, 1994.
ATR42-27-0048 -........................... 1, 2, 4-6-.................. 2............... May 16, 1991.
Revision 2................................ 3, 8, 9..................... Original........ June 22, 1990.
May 16, 1991.............................. 7........................... 1-.............. Nov. 21, 1990.
ATR42-27-0049 -........................... 1, 2, 4-.................... 2............... May 16, 1991.
Revision 2................................ 3, 5, 6, 8, 11.............. Original........ Sept. 14, 1990.
May 16, 1991.............................. 7, 9, 10.................... 1-.............. Nov. 21, 1990.
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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 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. - [[Page 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