[Federal Register Volume 63, Number 71 (Tuesday, April 14, 1998)]
[Proposed Rules]
[Pages 18155-18156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9760]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-64-AD]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale Model ATR42 and ATR72
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Aerospatiale Model ATR42
and ATR72 series airplanes. This proposal would require replacement of
the left longitudinal net of the forward cargo compartment with a new
reinforced net. This proposal is prompted by issuance of mandatory
continuing airworthiness information by a foreign civil airworthiness
authority. The actions specified by the proposed AD are intended to
prevent blockage of the access door, which could restrict access for
crewmembers between the flight deck and the passenger compartment
during normal operations or an emergency evacuation.
DATES: Comments must be received by May 14, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 97-NM-64-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056. Comments may be inspected at this location
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal
holidays.
The service information referenced in the proposed rule may be
obtained from Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex
03, France. This information may be examined at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.
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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 97-NM-64-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 97-NM-64-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Direction Generale de l'Aviation Civile (DGAC), which is the
airworthiness authority for France, notified the FAA that an unsafe
condition may exist on certain Aerospatiale Model ATR42 and ATR72
series airplanes. The DGAC advises that the left longitudinal cargo net
could distort under the weight of the cargo or baggage, and protrude
into the area where the access door between the passenger compartment
and the forward baggage compartment swings open. As a result, this
access door may become blocked with improperly loaded or shifting cargo
or baggage. This condition, if not corrected, could result in blockage
of the access door between the passenger compartment and the forward
cargo compartment, which could restrict access for crewmembers between
the flight deck and the passenger compartment during normal operations
or an emergency evacuation.
Explanation of Relevant Service Information
Aerospatiale has issued Service Bulletin ATR42-25-0108, dated
January 24, 1997; Revision 1, dated February 28, 1997; and Revision 2,
dated July 1, 1997 (for Model ATR42 series airplanes); and ATR72-25-
1052, dated February 11, 1997; and Revision 1, dated July 1, 1997 (for
Model ATR72 series airplanes; which describe procedures for replacing
the left longitudinal net in the forward cargo compartment with a new,
stronger net that will not stretch under load. Accomplishment of the
action specified in the service bulletins is intended to adequately
address the identified unsafe condition. The DGAC classified these
service bulletins as mandatory and issued French airworthiness
directives 96-289-069(B)R1 (for Model ATR42 series airplanes) and 96-
288-032(B)R1 (for Model ATR72 series airplanes), both dated December
18, 1996, in order to assure the continued airworthiness of these
airplanes in France.
FAA's Conclusions
These airplane models are manufactured in France and are type
certificated for operation in the United States under the provisions of
Sec. 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. The FAA has examined the findings of
the DGAC, reviewed all available information, and determined that AD
action is necessary for products of this type design that are
certificated for operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletins described previously.
[[Page 18156]]
Cost Impact
The FAA estimates that 141 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 1 work
hour per airplane to accomplish the proposed replacement, and that the
average labor rate is $60 per work hour. Required parts would be
supplied by the manufacturer at no cost to the operators. Based on
these figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $8,460, or $60 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed 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 proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed
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) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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 adding the following new
airworthiness directive:
Aerospatiale: Docket 97-NM-64-AD.
Applicability: Model ATR42-300 and -320 series airplanes, on
which Aerospatiale Modification 1878, 2482, 3193, or 8154 has not
been installed, or on which simultaneous installation of
Modifications 0481 and 0588 has not been accomplished; and Model
ATR72-102, -202, and -212 series airplanes on which Aerospatiale
Modification 2482, 3193, or 4648 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
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 blockage of the access door, which could restrict
access for crewmembers between the flight deck and the passenger
compartment during normal operations or an emergency evacuation,
accomplish the following:
(a) Within 6 months after the effective date of this AD, replace
existing cargo nets with new improved cargo nets, in accordance with
paragraph (a)(1) or (a)(2) of this AD, as applicable.
(1) For Model ATR-42 series airplanes: Accomplish replacement of
cargo nets in accordance with Aerospatiale Service Bulletin ATR42-
25-0108, dated January 24, 1997; or Revision 1, dated February 28,
1997; or Revision 2, dated July 1, 1997.
(2) For Model ATR-72 series airplanes: Accomplish replacement of
cargo nets in accordance with Aerospatiale Service Bulletin ATR72-
25-1052, dated February 11, 1997; or Revision 1, dated July 1, 1997.
(b) As of the effective date of this AD, no person shall install
on any airplane any cargo net having one of the following part
numbers: 5366, 5367, 5370, 5375, or 5579.
(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, 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.
(d) 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.
Note 3: The subject of this AD is addressed in French
airworthiness directives 96-289-069(B)R1 and 96-288-032(B)R1, both
dated December 18, 1996.
Issued in Renton, Washington, on April 7, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-9760 Filed 4-13-98; 8:45 am]
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