[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Proposed Rules]
[Pages 65101-65103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25032]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19562; Directorate Identifier 2004-NM-73-AD]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR 42-200, -300, 
and -320 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Aerospatiale Model ATR 42-200, -300, and -320 series airplanes. 
This proposed AD would require inspecting to determine the part and 
serial number of the swinging lever of the main landing gears (MLG) and 
replacing the swinging lever if necessary. This proposed AD is prompted 
by a report that, on an airplane lined up for takeoff, the swinging 
lever of the left MLG collapsed when engine power was applied. We are 
proposing this AD to prevent fracture of the MLG swinging lever, which 
could result in collapse of the swinging lever and reduced structural 
integrity and possible collapse of the MLG during operations on the 
ground.

DATES: We must receive comments on this proposed AD by December 10, 
2004.

[[Page 65102]]


ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://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.
     By 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 
http://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-2004-19562; the directorate identifier for this docket is 
2004-NM-73-AD.

FOR FURTHER INFORMATION CONTACT:
    Technical information: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.
    Plain language information: Marcia Walters, [email protected].

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19562; 
Directorate Identifier 2004-NM-73-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 submitted 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 http://
http://dms.dot.gov">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 website, 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 http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://
http://dms.dot.gov">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 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

    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 ATR 42-200, -300, and 
-320 series airplanes. The DGAC advises that, on an airplane lined up 
for takeoff, the swinging lever of the left main landing gear (MLG) 
collapsed when engine power was applied. Investigation revealed 
abnormally high concentrations of silicium (silicon) in the cracked 
area of the swinging lever. Similar defects were found in other levers 
of the same batch. This condition, if not corrected, could cause 
fracture of the MLG swinging lever, which could result in collapse of 
the swinging lever and reduced structural integrity and possible 
collapse of the MLG during operations on the ground.

Relevant Service Information

    Aerospatiale has issued Job Instruction Card (JIC) 32-11-00 RAI 
10030-001, dated February 1, 2000, to the Avions de Transport Regional 
Aircraft Maintenance Manual. The JIC describes procedures for replacing 
the swinging lever of the MLG with a new or serviceable swinging lever. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The DGAC mandated 
the service information and issued French airworthiness directive 2003-
376(B), dated October 1, 2003, 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. According 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 products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require inspecting 
to determine the part number and serial number of the swinging lever of 
the MLG and replacing the swinging lever with a new or serviceable 
swinging lever, if necessary. The proposed AD would require you to use 
the service information described previously to perform the 
replacement, except as discussed under ``Differences Between the 
Proposed AD and French Airworthiness Directive.''

Differences Between the Proposed AD and French Airworthiness Directive

    Though French airworthiness directive 2003-376(B) limits its 
applicability to Model ATR 42-200, -300, and -320 series airplanes 
having

[[Page 65103]]

MLGs currently equipped with a swinging lever part number (P/N) D56771, 
we have determined that a swinging lever P/N D56771 could be installed 
in the future on an airplane not currently equipped with a lever having 
that part number. Therefore, this proposed AD would be applicable to 
all Model ATR 42-200, -300, and -320 series airplanes and would 
prohibit installing a swinging lever having a subject P/N and serial 
number on any of these airplanes.
    Though French airworthiness directive 2003-376(B) specifies that 
operators shall report certain inspection findings to Messier-Dowty, 
this proposed AD would not require this.
    Though French airworthiness directive 2003-376(B) specifies that 
operators shall return swinging levers with applicable serial numbers 
to Messier-Dowty for discard, this proposed AD would not require this.

Costs of Compliance

    This proposed AD would affect about 24 airplanes of U.S. registry. 
The proposed inspection would take about 1 work hour per airplane, at 
an average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $1,560, or $65 
per airplane.

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 adding the following new 
airworthiness directive (AD):

Aerospatiale: Docket No. FAA-2004-19562; Directorate Identifier 
2004-NM-73-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by December 10, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Aerospatiale Model ATR 42-200, -300, 
and -320 series airplanes; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a report that, on an airplane lined 
up for takeoff, the swinging lever of the left MLG collapsed when 
engine power was applied. We are issuing this AD to prevent fracture 
of the MLG swinging lever, which could result in collapse of the 
swinging lever and reduced structural integrity and possible 
collapse of the MLG during operations on the ground.

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.

Inspection To Determine Part and Serial Numbers

    (f) Within 30 days after the effective date of this AD, inspect 
to determine the part number (P/N) and serial number (S/N) of the 
swinging lever of the MLG.
    (1) If the P/N of the swinging lever is not D56771; or if the P/
N of the swinging lever is D56771 but the S/N is not from 115 to 151 
inclusive; no further action is required by this paragraph.
    (2) If the P/N of the swinging lever is D56771 and the S/N is 
from 115 to 151 inclusive, within 90 days after the effective date 
of this AD: Remove the swinging lever and replace it with a new or 
serviceable lever in accordance with Job Instruction Card 32-11-00 
RAI 10030-001, dated February 1, 2000, to the Avions de Transport 
Regional Aircraft Maintenance Manual.

No Reporting Requirement

    (g) Though French airworthiness directive 2003-376(B), dated 
October 1, 2003, specifies that operators shall report certain 
inspection findings to Messier-Dowty, this AD does not require this.

Disposition of Swinging Levers

    (h) Though French airworthiness directive 2003-376(B), dated 
October 1, 2003, specifies that operators shall return swinging 
levers with applicable serial numbers to Messier-Dowty for discard, 
this AD does not require this.

Parts Installation

    (i) As of the effective date of this AD, no person may install 
on any airplane an MLG swinging lever, P/N D56771, having a S/N from 
115 to 151 inclusive.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (k) French airworthiness directive 2003-376(B), dated October 1, 
2003, also addresses the subject of this AD.

    Issued in Renton, Washington, on November 1, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-25032 Filed 11-9-04; 8:45 am]
BILLING CODE 4910-13-P