AD 98-11-06

This amendment adopts a new airworthiness directive (AD), applicable to certain Aerospatiale Model ATR42-300 and -320, and Model ATR72 series airplanes, that requires modification of the engine fuel drainage system. This amendment is prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The actions specified by this AD are intended to prevent fuel from overflowing into the engine nacelle, which could result in a fire in the nacelle.

Final rule.

98-11-06 AEROSPATIALE: Amendment 39-10533. Docket 98-NM-24-AD.

Applicability: Model ATR42-300 and -320 series airplanes, on which Aerospatiale Modification 1696 (reference Avions de Transport Regional Service Bulletin ATR42-71-0010) has not been accomplished; and Model ATR72-101, -201, -102, -202, -211, and -212 series airplanes, on which Aerospatiale Modification 3742 (reference Avions de Transport Regional Service Bulletin ATR72-71-1006) has not been accomplished; certificated in any category.

NOTE 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been otherwise modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (b) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.

Compliance: Required as indicated, unless accomplished previously.

To prevent fuel from overflowing into the engine nacelle, which could result in a fire in the nacelle, accomplish the following:

(a) Within 24 months after the effective date of this AD, modify the engine fuel drainage system, in accordance with Avions de Transport Regional Service Bulletin ATR42-71-0010, Revision 4, dated October 23, 1996 (for Model ATR42 series airplanes), or Avions de Transport Regional Service Bulletin ATR72-71-1006, Revision 1, dated October 21, 1996 (for Model ATR72 series airplanes), as applicable.

(b) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety maybe used if approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, International Branch, ANM-116.

NOTE 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the International Branch, ANM-116.

(c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.

(d) The modifications shall be done in accordance with the following Avions de Transport Regional service bulletins, which contain the following list of effective pages:

Service Bulletin
Referenced and Date
Page Number
Shown on Page
Revision Level
Shown on Page
Date
Shown on Page
ATR72-71-1006,
Revision 1,
October 21, 1996
1, 2

3-15
1

Original
October 21, 1996

September 29, 1995
ATR42-71-0010,
Revision 4,
October 23, 1996
1, 2, 4, 7

3, 15

5, 8-10, 14

6, 11-13
4

1

Original

2
October 23, 1996

September 4, 1990

July 3, 1989

January 30, 1991

This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 03, France. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

NOTE 3: The subject of this AD is addressed in French airworthiness directives 96-109- 063 (B) and 96-110-030 (B), both dated June 5, 1996.

(e) This amendment becomes effective on June 30, 1998.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain Aerospatiale Model ATR42-300 and -320, and Model ATR72 series airplanes was published in the Federal Register on March 20, 1998 (63 FR 13574). That action proposed to require modification of the engine fuel drainage system.

Comments
Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were submitted in response to the proposal or the FAA's determination of the cost to the public.

Conclusion
The FAA has determined that air safety and the public interest require the adoption of the rule as proposed.

Cost Impact
The FAA estimates that 145 airplanes of U.S. registry will be affected by this AD.

For Model ATR42-300 and -320 series airplanes (106 airplanes), it will take approximately 8 work hours per airplane to accomplish the required modification, at an average labor rate of $60 per work hour. Required parts will be provided by the manufacturer at no cost to the operators. Based on these figures, the cost impact of this modification required by this AD on U.S. operators is estimated to be $50,880, or $480 per airplane.

For Model ATR72 series airplanes (39 airplanes), it will take approximately 15 work hours per airplane to accomplish the required modification, at an average labor rate of $60 per work hour. Required parts will cost approximately $1,499 per airplane. Based on these figures, the cost impact of this modification required by this AD on U.S. operators is estimated to be $93,561, or $2,399 per airplane.

The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted.

Regulatory Impact
The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

For the reasons discussed above, I certify that this action (1) is not a "significant regulatory action" under Executive Order 12866; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES."

List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39 - AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
39.13 [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: