Airworthiness Directives; Aerospatiale Model ATR42-200, ATR42-300, and ATR42-320 Airplanes, 54856-54859 [05-18528]

Download as PDF 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. VerDate Aug<31>2005 15:32 Sep 16, 2005 Jkt 205001 • 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 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 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 E:\FR\FM\19SEP1.SGM 19SEP1 Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Proposed Rules 54857 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 VerDate Aug<31>2005 15:32 Sep 16, 2005 Jkt 205001 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 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 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 E:\FR\FM\19SEP1.SGM 19SEP1 54858 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. VerDate Aug<31>2005 15:32 Sep 16, 2005 Jkt 205001 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 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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 E:\FR\FM\19SEP1.SGM 19SEP1 Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Proposed Rules 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, VerDate Aug<31>2005 15:32 Sep 16, 2005 Jkt 205001 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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]


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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
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