Airworthiness Directives; Aerospatiale Model ATR42-200, ATR42-300, and ATR42-320 Airplanes, 54856-54859 [05-18528]
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54856
Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Proposed Rules
Related Information
(h) French airworthiness directive 2002–
074(B) R1, dated March 20, 2002, also
addresses the subject of this AD.
Issued in Renton, Washington, on
September 9, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–18529 Filed 9–16–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–22454; Directorate
Identifier 2001–NM–108–AD]
RIN 2120–AA64
Airworthiness Directives; Aerospatiale
Model ATR42–200, ATR42–300, and
ATR42–320 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to
supersede an existing airworthiness
directive (AD) that applies to all
Aerospatiale Model ATR–42–200, ATR
42–300, and ATR42–320 airplanes. The
existing AD currently requires
inspections to determine the proper
installation of rivets in certain key holes
and to detect cracks in the area of the
key holes where rivets are missing; and
correction of discrepancies. The existing
AD also requires various inspections of
the subject area for discrepancies, and
corrective actions if necessary; and
replacement of certain cargo door hinges
with new hinges. For certain airplanes,
the existing AD also requires
replacement of friction plates, stop
fittings, and bolts with new parts. This
proposed AD would require additional
corrective actions for certain airplanes.
This proposed AD is prompted by
discovery of cracks around key holes on
certain fuselage frames where rivets
were missing. We are proposing this AD
to prevent fatigue cracks of the cargo
door skin, certain frames, and entry
door stop fittings and friction plates,
which could result in reduced structural
integrity of the airplane.
DATES: We must receive comments on
this proposed AD by October 19, 2005.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
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• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://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.
• 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.
For service information identified in
this proposed AD, contact Aerospatiale,
316 Route de Bayonne, 31060 Toulouse,
Cedex 03, France.
You can examine the contents of this
AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., room PL–401, on the plaza level of
the Nassif Building, Washington, DC.
This docket number is FAA–2005–
22454; the directorate identifier for this
docket is 2001–NM–108–AD.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–1137;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant
written data, views, or arguments
regarding this proposed AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2005–22454; Directorate Identifier
2001–NM–108–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the proposed AD. We will
consider all comments received by the
closing date and may amend the
proposed AD in light of those
comments.
We will post all comments we
receive, without change, to https://
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 proposed AD.
Using the search function of our docket
Web site, anyone can find and read the
comments in any of our dockets,
including the name of the individual
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who sent the comment (or signed the
comment on behalf of an association,
business, labor union, etc.). You can
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you can visit https://
dms.dot.gov.
Examining the Docket
You can examine the AD docket on
the Internet at https://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 DMS
receives them.
Discussion
On March 9, 2000, we issued AD
2000–05–26, amendment 39–11636 (65
FR 15226, March 22, 2000), for all
Aerospatiale Model ATR42–200,
ATR42–300, and ATR42–320 airplanes.
That AD requires inspections to
determine the proper installation of
rivets in certain key holes and to detect
cracks in the area of the key holes where
rivets are missing; and correction of
discrepancies. The existing AD also
requires various inspections of the
subject area for discrepancies, and
corrective actions if necessary; and
replacement of certain cargo door hinges
with new hinges. For certain airplanes,
the existing AD also requires
replacement of friction plates, stop
fittings, and bolts with new parts. That
AD was prompted by discovery of
cracks around key holes on certain
fuselage frames where rivets were
missing. We issued that AD to prevent
fatigue cracks of the cargo door skin,
certain frames, and entry door stop
fittings and friction plates, which could
result in reduced structural integrity of
the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2000–05–26, the
´ ´
Direction Generale de l’Aviation Civile
(DGAC), which is the airworthiness
authority for France, notified us that an
unsafe condition may exist on certain
Aerospatiale Model ATR42–200,
ATR42–300, and ATR–320 airplanes.
The DGAC advises that installation of
Aerospatiale Modification 3184, which
was mandated in AD 2000–05–26, led to
a bore over-sizing of the hinge fastener
holes on certain airplanes. The bore
over-sizing could lead to reduced
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structural integrity of the cargo door
attachment to the fuselage.
the continued airworthiness of these
airplanes in France.
Differences Between Proposed Rule and
Service Bulletin
Relevant Service Information
FAA’s Determination and Requirements
of the Proposed AD
The service bulletin specifies that you
may contact the manufacturer for
instructions on how to repair certain
conditions, but this proposed AD would
require you to repair those conditions
using a method that we or the DGAC (or
its delegated agent) approve. In light of
the type of repair that would be required
to address the unsafe condition, and
consistent with existing bilateral
airworthiness agreements, we have
determined that, for this proposed AD,
a repair we or the DGAC approve would
be acceptable for compliance with this
proposed AD.
Aerospatiale has issued Avions de
Transport Regional Service Bulletin (SB)
ATR42–52–0058, Revision 2, dated June
22, 2000. The accomplishment
instructions of Revision 2 describe
procedures for a detailed inspection for
cracking of the area of the frames and
frame pick-up fittings, and procedures
for repair if cracking is detected. The
accomplishment instructions of
Revision 2 also describe corrective
actions that include inspections for
fastener type and tolerances, hole
diameters, cracking, and repair; as
applicable. Additionally, Revision 2
describes replacing the hinges of the
cargo compartment door and fuselage
with new improved hinges, and
installation of new peel shims and HiLok fasteners. The DGAC mandated the
service information and issued French
airworthiness directive 2000–337–
079(B), dated July 26, 2000, to ensure
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 AD
action is necessary for airplanes of this
type design that are certificated for
operation in the United States.
This proposed AD would supersede
AD 2000–05–26. This proposed AD
would retain the requirements of the
existing AD. This proposed AD would
require additional corrective actions for
certain airplanes.
Change to Existing AD
This proposed AD would retain all
requirements of AD 2000–05–26. Since
AD 2000–05–26 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
proposed AD, as listed in the following
table:
REVISED PARAGRAPH IDENTIFIERS
Requirement in AD 2000–05–26
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
Corresponding requirement in this proposed AD
(a) ............................................................................................
(b) ............................................................................................
(c) ............................................................................................
(d) ............................................................................................
(e) ............................................................................................
(f) .............................................................................................
(g) ............................................................................................
Costs of Compliance
This proposed AD would affect about
106 Aerospatiale Model ATR42–200,
ATR42–300, and ATR42–320 airplanes
of U.S. registry.
The general visual inspection of
fuselage frames 25 and 27 that is
required by AD 2000–05–26 and
retained in this proposed AD takes
about 3 work hours per airplane, at an
average labor rate of $65 per work hour.
Based on these figures, the estimated
cost of that currently required action is
$195 per airplane.
The cargo door hinge and skin
replacement that is required by AD
2000–05–26 and retained in this
proposed AD takes about 250 work
hours per airplane, at an average labor
rate of $65 per work hour. Required
parts will cost approximately $9,880 per
airplane. Based on these figures, the
estimated cost of the currently required
action is $26,130 per airplane.
The general visual inspection of the
key and tooling holes that is required by
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paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
(f)
(g)
(h)
(i)
(j)
(k)
(l)
AD 2000–05–26 takes about 100 work
hours per airplane, at an average rate of
$65 per work hour. Based on these
figures, the estimated cost of that
currently required action is $6,500 per
airplane.
The eddy current and detailed visual
inspections of the forward entry door
stop fitting and friction plate that are
required by AD 2000–05–26 take about
2 work hours per airplane, at an average
rate of $65 per work hour. Based on
these figures, the estimated cost impact
of this inspection required by AD 2000–
05–26 is $130 per airplane.
The replacement of the forward entry
door stop fitting, friction plate, and
upper door corner that is required by
AD 2000–05–26 takes about 50 work
hours per airplane, at an average rate of
$65 per work hour. The manufacturer
has committed previously to its
customers that it will bear the cost of
replacement parts. As a result, the cost
of those parts is not attributable to this
AD. Based on these figures, the
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estimated cost of that action required by
AD 2000–05–26 is $3,250 per airplane.
The new proposed actions would take
about 250 work hours per airplane, at an
average labor rate of $65 per work hour.
Required parts would cost about $9,880
per airplane. Based on these figures, the
estimated cost of the new actions
specified in this proposed AD is $26,130
per airplane.
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
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Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Proposed Rules
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.
Affected ADs
(b) This AD supersedes AD 2000–05–26,
amendment 39–11636 (65 FR 15226, March
22, 2000).
Regulatory Findings
Unsafe Condition
(d) This AD was prompted by discovery of
cracks around key holes on certain fuselage
frames where rivets were missing. We are
issuing this AD to prevent fatigue cracks of
the cargo door skin, certain frames, and entry
door stop fittings and friction plates, which
could result in reduced structural integrity of
the airplane.
We have determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would 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 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. 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 proposed AD. 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, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing amendment 39–11636 (65 FR
15226, March 22, 2000) and adding the
following new airworthiness directive
(AD):
Aerospatiale: Docket No. FAA–2005–22454;
Directorate Identifier 2001–NM–108–AD.
Comments Due Date
(a) The Federal Aviation Administration
must receive comments on this AD action by
October 19, 2005.
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Applicability
(c) This AD applies to all Aerospatiale
Model ATR42–200, ATR42–300, and ATR–
320 airplanes, certificated in any category.
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 the Requirements of AD
2000–05–26
Frame 25 and 27 Inspection
(f) For airplanes having serial numbers 005
through 016 inclusive, 018 through 030
inclusive, 032 through 036 inclusive, 038,
040, 042, 043, 048 through 062 inclusive, 064
through 090 inclusive, 092 through 094
inclusive, and 096 through 228 inclusive:
Prior to the accumulation of 36,000 total
flight cycles, or within 180 days after April
26, 2000, (the effective date of AD 2000–05–
26, amendment 39–11636) whichever occurs
later, conduct a general visual inspection of
fuselage frames 25 and 27 to verify the proper
installation of a rivet in each of the key holes,
in accordance with Avions de Transport
Regional (ATR) Service Bulletin ATR42–53–
0070, Revision 2, dated March 22, 1993, or
Revision 3, dated February 19, 1999.
Note 1: For the purposes of this AD, a
general visual inspection is: ‘‘A visual
examination of an interior or exterior area,
installation, or assembly to detect obvious
damage, failure, or irregularity. This level of
inspection is made from within touching
distance unless otherwise specified. A mirror
may be necessary to ensure visual access to
all surfaces in the inspection area. This level
of inspection is made under normally
available lighting conditions such as
daylight, hangar lighting, flashlight, or
droplight and may require removal or
opening of access panels or doors. Stands,
ladders, or platforms may be required to gain
proximity to the area being checked.’’
Note 2: Inspection of fuselage frames 25
and 27 accomplished prior to the effective
date of this AD in accordance with ATR
Service Bulletin ATR42–53–0070, dated June
10, 1991, or Revision 1, dated June 12, 1992,
is considered acceptable for compliance with
the requirements of paragraph (f) of this AD.
(1) If a rivet is installed in each of the key
holes, no further action is required by this
paragraph.
(2) If a rivet is not installed in each of the
key holes, prior to further flight, perform an
eddy current inspection of each open key
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hole to detect cracks, in accordance with the
service bulletin.
(i) If no crack is found during the eddy
current inspection, prior to further flight,
install a rivet in the open key hole in
accordance with the service bulletin. After
such installation, no further action is
required by this paragraph for that key hole.
(ii) If any crack is found during the eddy
current inspection, prior to further flight,
repair the crack in accordance with a method
approved by the Manager, International
Branch, ANM–116, FAA, Transport Airplane
´ ´
Directorate, or the Direction Generale de
l’Aviation Civile (DGAC) (or its delegated
agent). For a repair method to be approved
by the Manager, International Branch, ANM–
116, as required by this paragraph, the
Manager’s approval letter must specifically
reference this AD.
Inspection and Modification of Cargo Door
Structure
(g) For airplanes equipped with a cargo
compartment door on which Aerospatiale
Modification 3191 has not been
accomplished: Prior to the accumulation of
27,000 total flight cycles, or within 180 days
after April 26, 2000, whichever occurs later,
except as provided by paragraph (h) of this
AD, replace the hinges on the cargo
compartment door and fuselage (including
inspections for fastener type and tolerances,
hole diameters, or cracking, and repair; as
applicable) with new improved hinges, in
accordance with paragraph 2 of the
Accomplishment Instructions of ATR Service
Bulletin ATR42–52–0058, Revision 1, dated
March 1, 1995, or ATR42–52–0058, Revision
2, dated June 22, 2000.
(h) Where the instructions in ATR Service
Bulletin ATR42–52–0058, Revision 1, dated
March 1, 1995, or ATR42–52–0058, Revision
2, dated June 22, 2000, specify that ATR is
to be contacted for a repair, prior to further
flight, repair in accordance with a method
approved by the Manager, International
Branch, ANM–116, or the DGAC (or its
delegated agent).
Frame Inspection
(i) For airplanes having serial numbers 003
through 208 inclusive: Prior to the
accumulation of 36,000 total flight cycles, or
within 180 days after April 26, 2000,
whichever occurs later, conduct a general
visual inspection of the identified fuselage
frames for proper installation of a rivet in
each of the tooling and key holes, in
accordance with ATR Service Bulletin
ATR42–53–0076, Revision 2, dated October
15, 1996, or Revision 3, dated February 19,
1999.
(1) If a rivet is installed in each of the
tooling or key holes, no further action is
required by this paragraph.
(2) If a rivet is not installed in each of the
tooling and key holes, prior to further flight,
perform a detailed inspection of each open
tooling or key hole to detect cracks, in
accordance with the service bulletin.
Note 3: 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
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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.’’
(i) If no crack is found during the detailed
inspection required by paragraph (i)(2) of this
AD, prior to further flight, install a rivet in
the open hole in accordance with the service
bulletin.
(ii) If any crack is found during the
inspection required by paragraph (i)(2) of this
AD, prior to further flight, repair the crack in
accordance with a method approved by the
Manager, International Branch, ANM–116, or
the DGAC (or its delegated agent).
Inspection and/or Replacement of Entry
Door Structure
(j) For Model ATR42–300 series airplanes
having serial numbers listed in ATR Service
Bulletin ATR42–52–0052, Revision 1, dated
March 2, 1993: Except as provided by
paragraph (f) of this AD, prior to the
accumulation of 10,000 total flight cycles, or
within 90 days after April 26, 2000,
whichever occurs later, accomplish the
requirements of paragraphs (j)(1) and (j)(2) of
this AD.
(1) Perform an eddy current inspection of
the forward entry door stop holes to detect
cracking, in accordance with the service
bulletin. If any cracking is detected, prior to
further flight, replace any cracked forward
entry door stop fitting with a new fitting, in
accordance with the service bulletin.
(2) Perform a detailed inspection of the
forward entry door friction plates for wear, in
accordance with the service bulletin. If wear
is found on any friction plate, and the wear
has a depth equal to or greater than 0.8mm
(0.0315 in.), prior to further flight, replace the
friction plate with a new or serviceable part
in accordance with the service bulletin.
(k) For Model ATR42–300 series airplanes
listed in ATR Service Bulletin ATR42–52–
0052, Revision 1, dated March 2, 1993,
accomplishment of the requirements of
paragraph (l) of this AD at the time specified
in paragraph (j) of this AD constitutes
terminating action for the requirements of
paragraph (j) of this AD.
(l) For Model ATR42–300 series airplanes
listed in ATR Service Bulletin ATR42–52–
0059, dated February 16, 1995: Prior to the
accumulation of 18,000 total flight cycles, or
within 180 days after April 26, 2000,
whichever occurs later, accomplish the
requirements of paragraphs (l)(1), (l)(2), and
(l)(3) of this AD in accordance with the
service bulletin.
(1) Replace the forward entry door friction
plates with improved friction plates.
(2) Replace the upper corners of the
forward entry door surround structure with
improved door surround corners.
(3) Replace the forward entry door stop
fittings and bolts with improved fittings and
bolts.
New Requirements of This AD
Replacing Hinges on the Cargo Compartment
Door and Fuselage
(m) For airplanes identified as having main
serial numbers (MSNs) 317, 319, 321, 323,
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325, 327, 329 through 335 inclusive, 360, and
368 that are equipped with a cargo
compartment door on which Aerospatiale
Modification 3191 has not been
accomplished: Prior to the accumulation of
27,000 total flight hours, or within 180 days
after the effective date of this AD, whichever
occurs later, replace the hinges on the cargo
compartment door and fuselage (including
inspections for fastener type and tolerances,
hole diameters, or cracking, and repair; as
applicable) with new improved hinges, in
accordance with the Accomplishment
Instructions of Avions de Transport Regional
(ATR) Service Bulletin ATR42–52–0058,
Revision 2, dated June 22, 2000.
(n) Where the instructions in ATR Service
Bulletin ATR42–52–0058, Revision 2, dated
June 22, 2000, specify that ATR is to be
contacted for a repair, prior to further flight,
repair in accordance with a method approved
by the Manager, International Branch, ANM–
116, FAA; or the DGAC (or its delegated
agent).
Alternative Methods of Compliance
(AMOCs)
(o) 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.
Related Information
(p) French airworthiness directive 2000–
337–079(B), dated July 26, 2000, also
addresses the subject of this AD.
Issued in Renton, Washington, on
September 9, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–18528 Filed 9–16–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–106030–98]
RIN 1545–AW50
Source of Income From Certain Space
and Ocean Activities; Source of
Communications Income
Internal Revenue Service (IRS),
Treasury.
ACTION: Withdrawal of notice of
proposed rulemaking; notice of
proposed rulemaking; and notice of
public hearing.
AGENCY:
SUMMARY: This document contains
proposed regulations under section
863(d) governing the source of income
from certain space and ocean activities.
It also contains proposed regulations
under section 863(a), (d), and (e)
governing the source of income from
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54859
certain communications activities. This
document also contains proposed
regulations under section 863(a) and (b),
amending the regulations in § 1.863–3 to
conform those regulations to these
proposed regulations. This document
affects persons who derive income from
activities conducted in space, or on or
under water not within the jurisdiction
of a foreign country, possession of the
United States, or the United States (in
international water). This document
also affects persons who derive income
from transmission of communications.
In addition, this document provides
notice of a public hearing on these
proposed regulations and withdraws the
notice of proposed rulemaking (66 FR
3903) published in the Federal Register
on January 17, 2001.
DATES: Written or electronic comments
must be received by November 23, 2005.
Outlines of topics to be discussed at the
public hearing scheduled for December
15, 2005, at 10 a.m., must be received
by November 23, 2005.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–106030–98), room
5203, Internal Revenue Service, POB
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be hand
delivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to: CC:PA:LPD:PR (REG–106030–98),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC, or sent
electronically, via either the IRS Internet
site at https://www.irs.gov/regs or the
Federal eRulemaking Portal at https://
www.regulations.gov (IRS–REG–
106030–98). The public hearing will be
held in the Auditorium, Internal
Revenue Building, 1111 Constitution
Avenue, NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Concerning the regulations, Edward R.
Barret, (202) 622–3880; concerning
submissions of comments, the hearing,
and/or to be placed on the building
access list to attend the hearing, Cynthia
Grigsby, (202) 622–7180 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The collections of information
contained in this notice of proposed
rulemaking have been reviewed and
approved by the Office of Management
and Budget (OMB) in accordance with
the Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) under control
number 1545–1718.
The collection of information in these
proposed regulations is in §§ 1.863–8(g)
and 1.863–9(g). This information is
required by the IRS to monitor
E:\FR\FM\19SEP1.SGM
19SEP1
Agencies
[Federal Register Volume 70, Number 180 (Monday, September 19, 2005)]
[Proposed Rules]
[Pages 54856-54859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18528]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22454; Directorate Identifier 2001-NM-108-AD]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale Model ATR42-200, ATR42-
300, and ATR42-320 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all Aerospatiale Model ATR-42-200, ATR
42-300, and ATR42-320 airplanes. The existing AD currently requires
inspections to determine the proper installation of rivets in certain
key holes and to detect cracks in the area of the key holes where
rivets are missing; and correction of discrepancies. The existing AD
also requires various inspections of the subject area for
discrepancies, and corrective actions if necessary; and replacement of
certain cargo door hinges with new hinges. For certain airplanes, the
existing AD also requires replacement of friction plates, stop
fittings, and bolts with new parts. This proposed AD would require
additional corrective actions for certain airplanes. This proposed AD
is prompted by discovery of cracks around key holes on certain fuselage
frames where rivets were missing. We are proposing this AD to prevent
fatigue cracks of the cargo door skin, certain frames, and entry door
stop fittings and friction plates, which could result in reduced
structural integrity of the airplane.
DATES: We must receive comments on this proposed AD by October 19,
2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
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.
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.
For service information identified in this proposed AD, contact
Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 03, France.
You can examine the contents of this AD docket on the Internet at
https://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401,
on the plaza level of the Nassif Building, Washington, DC. This docket
number is FAA-2005-22454; the directorate identifier for this docket is
2001-NM-108-AD.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1137; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-22454;
Directorate Identifier 2001-NM-108-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to https://
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 proposed AD. Using the search function of our
docket 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 can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit https://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at https://
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 DMS receives them.
Discussion
On March 9, 2000, we issued AD 2000-05-26, amendment 39-11636 (65
FR 15226, March 22, 2000), for all Aerospatiale Model ATR42-200, ATR42-
300, and ATR42-320 airplanes. That AD requires inspections to determine
the proper installation of rivets in certain key holes and to detect
cracks in the area of the key holes where rivets are missing; and
correction of discrepancies. The existing AD also requires various
inspections of the subject area for discrepancies, and corrective
actions if necessary; and replacement of certain cargo door hinges with
new hinges. For certain airplanes, the existing AD also requires
replacement of friction plates, stop fittings, and bolts with new
parts. That AD was prompted by discovery of cracks around key holes on
certain fuselage frames where rivets were missing. We issued that AD to
prevent fatigue cracks of the cargo door skin, certain frames, and
entry door stop fittings and friction plates, which could result in
reduced structural integrity of the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2000-05-26, the Direction G[eacute]n[eacute]rale
de l'Aviation Civile (DGAC), which is the airworthiness authority for
France, notified us that an unsafe condition may exist on certain
Aerospatiale Model ATR42-200, ATR42-300, and ATR-320 airplanes. The
DGAC advises that installation of Aerospatiale Modification 3184, which
was mandated in AD 2000-05-26, led to a bore over-sizing of the hinge
fastener holes on certain airplanes. The bore over-sizing could lead to
reduced
[[Page 54857]]
structural integrity of the cargo door attachment to the fuselage.
Relevant Service Information
Aerospatiale has issued Avions de Transport Regional Service
Bulletin (SB) ATR42-52-0058, Revision 2, dated June 22, 2000. The
accomplishment instructions of Revision 2 describe procedures for a
detailed inspection for cracking of the area of the frames and frame
pick-up fittings, and procedures for repair if cracking is detected.
The accomplishment instructions of Revision 2 also describe corrective
actions that include inspections for fastener type and tolerances, hole
diameters, cracking, and repair; as applicable. Additionally, Revision
2 describes replacing the hinges of the cargo compartment door and
fuselage with new improved hinges, and installation of new peel shims
and Hi-Lok fasteners. The DGAC mandated the service information and
issued French airworthiness directive 2000-337-079(B), dated July 26,
2000, to ensure the continued airworthiness of these airplanes in
France.
FAA's Determination and Requirements of the Proposed 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 AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States.
This proposed AD would supersede AD 2000-05-26. This proposed AD
would retain the requirements of the existing AD. This proposed AD
would require additional corrective actions for certain airplanes.
Differences Between Proposed Rule and Service Bulletin
The service bulletin specifies that you may contact the
manufacturer for instructions on how to repair certain conditions, but
this proposed AD would require you to repair those conditions using a
method that we or the DGAC (or its delegated agent) approve. In light
of the type of repair that would be required to address the unsafe
condition, and consistent with existing bilateral airworthiness
agreements, we have determined that, for this proposed AD, a repair we
or the DGAC approve would be acceptable for compliance with this
proposed AD.
Change to Existing AD
This proposed AD would retain all requirements of AD 2000-05-26.
Since AD 2000-05-26 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 proposed AD, as listed in
the following table:
Revised Paragraph Identifiers
------------------------------------------------------------------------
Corresponding requirement in
Requirement in AD 2000-05-26 this proposed AD
------------------------------------------------------------------------
paragraph (a).......................... paragraph (f)
paragraph (b).......................... paragraph (g)
paragraph (c).......................... paragraph (h)
paragraph (d).......................... paragraph (i)
paragraph (e).......................... paragraph (j)
paragraph (f).......................... paragraph (k)
paragraph (g).......................... paragraph (l)
------------------------------------------------------------------------
Costs of Compliance
This proposed AD would affect about 106 Aerospatiale Model ATR42-
200, ATR42-300, and ATR42-320 airplanes of U.S. registry.
The general visual inspection of fuselage frames 25 and 27 that is
required by AD 2000-05-26 and retained in this proposed AD takes about
3 work hours per airplane, at an average labor rate of $65 per work
hour. Based on these figures, the estimated cost of that currently
required action is $195 per airplane.
The cargo door hinge and skin replacement that is required by AD
2000-05-26 and retained in this proposed AD takes about 250 work hours
per airplane, at an average labor rate of $65 per work hour. Required
parts will cost approximately $9,880 per airplane. Based on these
figures, the estimated cost of the currently required action is $26,130
per airplane.
The general visual inspection of the key and tooling holes that is
required by AD 2000-05-26 takes about 100 work hours per airplane, at
an average rate of $65 per work hour. Based on these figures, the
estimated cost of that currently required action is $6,500 per
airplane.
The eddy current and detailed visual inspections of the forward
entry door stop fitting and friction plate that are required by AD
2000-05-26 take about 2 work hours per airplane, at an average rate of
$65 per work hour. Based on these figures, the estimated cost impact of
this inspection required by AD 2000-05-26 is $130 per airplane.
The replacement of the forward entry door stop fitting, friction
plate, and upper door corner that is required by AD 2000-05-26 takes
about 50 work hours per airplane, at an average rate of $65 per work
hour. The manufacturer has committed previously to its customers that
it will bear the cost of replacement parts. As a result, the cost of
those parts is not attributable to this AD. Based on these figures, the
estimated cost of that action required by AD 2000-05-26 is $3,250 per
airplane.
The new proposed actions would take about 250 work hours per
airplane, at an average labor rate of $65 per work hour. Required parts
would cost about $9,880 per airplane. Based on these figures, the
estimated cost of the new actions specified in this proposed AD is
$26,130 per airplane.
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
[[Page 54858]]
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 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. 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 proposed AD. 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, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by removing amendment 39-11636 (65 FR
15226, March 22, 2000) and adding the following new airworthiness
directive (AD):
Aerospatiale: Docket No. FAA-2005-22454; Directorate Identifier
2001-NM-108-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by October 19, 2005.
Affected ADs
(b) This AD supersedes AD 2000-05-26, amendment 39-11636 (65 FR
15226, March 22, 2000).
Applicability
(c) This AD applies to all Aerospatiale Model ATR42-200, ATR42-
300, and ATR-320 airplanes, certificated in any category.
Unsafe Condition
(d) This AD was prompted by discovery of cracks around key holes
on certain fuselage frames where rivets were missing. We are issuing
this AD to prevent fatigue cracks of the cargo door skin, certain
frames, and entry door stop fittings and friction plates, which
could result in reduced structural integrity 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 the Requirements of AD 2000-05-26
Frame 25 and 27 Inspection
(f) For airplanes having serial numbers 005 through 016
inclusive, 018 through 030 inclusive, 032 through 036 inclusive,
038, 040, 042, 043, 048 through 062 inclusive, 064 through 090
inclusive, 092 through 094 inclusive, and 096 through 228 inclusive:
Prior to the accumulation of 36,000 total flight cycles, or within
180 days after April 26, 2000, (the effective date of AD 2000-05-26,
amendment 39-11636) whichever occurs later, conduct a general visual
inspection of fuselage frames 25 and 27 to verify the proper
installation of a rivet in each of the key holes, in accordance with
Avions de Transport Regional (ATR) Service Bulletin ATR42-53-0070,
Revision 2, dated March 22, 1993, or Revision 3, dated February 19,
1999.
Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''
Note 2: Inspection of fuselage frames 25 and 27 accomplished
prior to the effective date of this AD in accordance with ATR
Service Bulletin ATR42-53-0070, dated June 10, 1991, or Revision 1,
dated June 12, 1992, is considered acceptable for compliance with
the requirements of paragraph (f) of this AD.
(1) If a rivet is installed in each of the key holes, no further
action is required by this paragraph.
(2) If a rivet is not installed in each of the key holes, prior
to further flight, perform an eddy current inspection of each open
key hole to detect cracks, in accordance with the service bulletin.
(i) If no crack is found during the eddy current inspection,
prior to further flight, install a rivet in the open key hole in
accordance with the service bulletin. After such installation, no
further action is required by this paragraph for that key hole.
(ii) If any crack is found during the eddy current inspection,
prior to further flight, repair the crack in accordance with a
method approved by the Manager, International Branch, ANM-116, FAA,
Transport Airplane Directorate, or the Direction
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) (or its delegated
agent). For a repair method to be approved by the Manager,
International Branch, ANM-116, as required by this paragraph, the
Manager's approval letter must specifically reference this AD.
Inspection and Modification of Cargo Door Structure
(g) For airplanes equipped with a cargo compartment door on
which Aerospatiale Modification 3191 has not been accomplished:
Prior to the accumulation of 27,000 total flight cycles, or within
180 days after April 26, 2000, whichever occurs later, except as
provided by paragraph (h) of this AD, replace the hinges on the
cargo compartment door and fuselage (including inspections for
fastener type and tolerances, hole diameters, or cracking, and
repair; as applicable) with new improved hinges, in accordance with
paragraph 2 of the Accomplishment Instructions of ATR Service
Bulletin ATR42-52-0058, Revision 1, dated March 1, 1995, or ATR42-
52-0058, Revision 2, dated June 22, 2000.
(h) Where the instructions in ATR Service Bulletin ATR42-52-
0058, Revision 1, dated March 1, 1995, or ATR42-52-0058, Revision 2,
dated June 22, 2000, specify that ATR is to be contacted for a
repair, prior to further flight, repair in accordance with a method
approved by the Manager, International Branch, ANM-116, or the DGAC
(or its delegated agent).
Frame Inspection
(i) For airplanes having serial numbers 003 through 208
inclusive: Prior to the accumulation of 36,000 total flight cycles,
or within 180 days after April 26, 2000, whichever occurs later,
conduct a general visual inspection of the identified fuselage
frames for proper installation of a rivet in each of the tooling and
key holes, in accordance with ATR Service Bulletin ATR42-53-0076,
Revision 2, dated October 15, 1996, or Revision 3, dated February
19, 1999.
(1) If a rivet is installed in each of the tooling or key holes,
no further action is required by this paragraph.
(2) If a rivet is not installed in each of the tooling and key
holes, prior to further flight, perform a detailed inspection of
each open tooling or key hole to detect cracks, in accordance with
the service bulletin.
Note 3: 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
[[Page 54859]]
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.''
(i) If no crack is found during the detailed inspection required
by paragraph (i)(2) of this AD, prior to further flight, install a
rivet in the open hole in accordance with the service bulletin.
(ii) If any crack is found during the inspection required by
paragraph (i)(2) of this AD, prior to further flight, repair the
crack in accordance with a method approved by the Manager,
International Branch, ANM-116, or the DGAC (or its delegated agent).
Inspection and/or Replacement of Entry Door Structure
(j) For Model ATR42-300 series airplanes having serial numbers
listed in ATR Service Bulletin ATR42-52-0052, Revision 1, dated
March 2, 1993: Except as provided by paragraph (f) of this AD, prior
to the accumulation of 10,000 total flight cycles, or within 90 days
after April 26, 2000, whichever occurs later, accomplish the
requirements of paragraphs (j)(1) and (j)(2) of this AD.
(1) Perform an eddy current inspection of the forward entry door
stop holes to detect cracking, in accordance with the service
bulletin. If any cracking is detected, prior to further flight,
replace any cracked forward entry door stop fitting with a new
fitting, in accordance with the service bulletin.
(2) Perform a detailed inspection of the forward entry door
friction plates for wear, in accordance with the service bulletin.
If wear is found on any friction plate, and the wear has a depth
equal to or greater than 0.8mm (0.0315 in.), prior to further
flight, replace the friction plate with a new or serviceable part in
accordance with the service bulletin.
(k) For Model ATR42-300 series airplanes listed in ATR Service
Bulletin ATR42-52-0052, Revision 1, dated March 2, 1993,
accomplishment of the requirements of paragraph (l) of this AD at
the time specified in paragraph (j) of this AD constitutes
terminating action for the requirements of paragraph (j) of this AD.
(l) For Model ATR42-300 series airplanes listed in ATR Service
Bulletin ATR42-52-0059, dated February 16, 1995: Prior to the
accumulation of 18,000 total flight cycles, or within 180 days after
April 26, 2000, whichever occurs later, accomplish the requirements
of paragraphs (l)(1), (l)(2), and (l)(3) of this AD in accordance
with the service bulletin.
(1) Replace the forward entry door friction plates with improved
friction plates.
(2) Replace the upper corners of the forward entry door surround
structure with improved door surround corners.
(3) Replace the forward entry door stop fittings and bolts with
improved fittings and bolts.
New Requirements of This AD
Replacing Hinges on the Cargo Compartment Door and Fuselage
(m) For airplanes identified as having main serial numbers
(MSNs) 317, 319, 321, 323, 325, 327, 329 through 335 inclusive, 360,
and 368 that are equipped with a cargo compartment door on which
Aerospatiale Modification 3191 has not been accomplished: Prior to
the accumulation of 27,000 total flight hours, or within 180 days
after the effective date of this AD, whichever occurs later, replace
the hinges on the cargo compartment door and fuselage (including
inspections for fastener type and tolerances, hole diameters, or
cracking, and repair; as applicable) with new improved hinges, in
accordance with the Accomplishment Instructions of Avions de
Transport Regional (ATR) Service Bulletin ATR42-52-0058, Revision 2,
dated June 22, 2000.
(n) Where the instructions in ATR Service Bulletin ATR42-52-
0058, Revision 2, dated June 22, 2000, specify that ATR is to be
contacted for a repair, prior to further flight, repair in
accordance with a method approved by the Manager, International
Branch, ANM-116, FAA; or the DGAC (or its delegated agent).
Alternative Methods of Compliance (AMOCs)
(o) 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.
Related Information
(p) French airworthiness directive 2000-337-079(B), dated July
26, 2000, also addresses the subject of this AD.
Issued in Renton, Washington, on September 9, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-18528 Filed 9-16-05; 8:45 am]
BILLING CODE 4910-13-P