[Federal Register Volume 69, Number 28 (Wednesday, February 11, 2004)]
[Rules and Regulations]
[Pages 6539-6541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2574]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-116-AD; Amendment 39-13462; AD 2004-03-18]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42 and ATR72 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Aerospatiale Model ATR42 and ATR72 series 
airplanes, that requires replacement of the swinging lever spacers in 
the left and right leg assemblies of the main landing gear with new, 
improved spacers. This action is necessary to prevent propagation of 
fatigue cracking, which could result in failure of the spacer base and 
could affect the symmetrical functioning of the braking system. 
Asymmetrical braking could result in the airplane overrunning the 
runway during takeoff or landing. This action is intended to address 
the identified unsafe condition.

DATES: Effective March 17, 2004.
    The incorporation by reference of certain publications listed in 
the

[[Page 6540]]

regulations is approved by the Director of the Federal Register as of 
March 17, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 
03, France. This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Tony Jopling, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2190; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Aerospatiale Model ATR42 
and ATR72 series airplanes was published in the Federal Register on 
December 17, 2003 (68 FR 70208). That action proposed to require 
replacement of the swinging lever spacers in the left and right leg 
assemblies of the main landing gear with new, improved spacers.

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 133 airplanes of U.S. registry will be 
affected by this AD, that it will take about 16 work hours per airplane 
to accomplish the replacement, and that the average labor rate is $65 
per work hour. Required parts will cost between $921 and $4,272 per 
airplane. Based on these figures, the cost impact of the replacement on 
U.S. operators is estimated to be between $1,961 and $5,312 per 
airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein will 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-03-18 Aerospatiale: Amendment 39-13462. Docket 2002-NM-116-AD.

    Applicability: Model ATR42-200, -300, -320, and -500 series 
airplanes on which ATR Modification 5338 has not been done; and 
Model ATR72-101, -102, -201, -202, -211, -212, and -212A series 
airplanes on which ATR Modification 5337 has not been done; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the spacer base of the swinging lever 
spacers in the left and right leg assemblies of the main landing 
gear (MLG) and consequent asymmetrical braking, which could result 
in the airplane overrunning the runway during takeoff or landing, 
accomplish the following:

Replacement

    (a) Replace the swinging lever spacers in the left and right leg 
assemblies of the MLG with new, improved spacers, per Avions de 
Transport Regional Service Bulletin ATR42-32-0094 or ATR72-32-1042, 
both dated November 26, 2001, as applicable. Do the replacement at 
the applicable time specified in paragraph (a)(1) or (a)(2) of this 
AD.
    (1) For Model ATR42-200, -300, and -320, and Model ATR72-101, -
102, -201, -202, -211, -212, and -212A series airplanes: Do the 
replacement at the later of the times specified in paragraphs 
(a)(1)(i) and (a)(1)(ii) of this AD.
    (i) Before the accumulation of 15,000 total landings or 8 years 
in-service on new or overhauled swinging lever spacers, whichever is 
first.
    (ii) Within 3,000 landings after the effective date of this AD.
    (2) For Model ATR42-500 series airplanes: Do the replacement 
before the accumulation of 18,000 total landings or 9 years in-
service on new or overhauled swinging lever spacers, whichever is 
first.
    (b) Messier-Dowty Service Bulletin 631-32-166, dated November 
28, 2001 (for Model ATR42 series airplanes); or 631-32-165, dated 
November 27, 2001 (for Model ATR72 series airplanes), may be used 
for accomplishment of the replacement required by paragraph (a) of 
this AD.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized 
to approve alternative methods of compliance for this AD.

Incorporation by Reference

    (d) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Avions de Transport Regional Service 
Bulletin ATR42-32-0094, dated November 26, 2001; or Avions de 
Transport Regional Service Bulletin ATR72-32-1042, dated November 
26, 2001; as applicable. 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 1: The subject of this AD is addressed in French 
airworthiness directives 2001-614-089(B) and 2001-615-062(B), both 
dated December 26, 2001.


[[Page 6541]]



Effective Date

    (e) This amendment becomes effective on March 17, 2004.

    Issued in Renton, Washington, on January 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2574 Filed 2-10-04; 8:45 am]
BILLING CODE 4910-13-P