[Federal Register Volume 70, Number 40 (Wednesday, March 2, 2005)]
[Rules and Regulations]
[Pages 10035-10037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3787]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19562; Directorate Identifier 2004-NM-73-AD; 
Amendment 39-13992; AD 2005-05-04]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Aerospatiale Model ATR 42-200, -300, and -320 series airplanes. This AD 
requires 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 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 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.

DATES: This AD becomes effective April 6, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of April 
6, 2005.

ADDRESSES: For service information identified in this AD, contact 
Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 03, France. 
You can examine this information at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal--register/

[[Page 10036]]

code--of--federal--regulations/ibr--locations.html.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://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 U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-19562; the directorate 
identifier for this docket is 2004-NM-73-AD.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for all Aerospatiale Model ATR 42-200, -300, and -320 series 
airplanes. That action, published in the Federal Register on November 
10, 2004 (69 FR 65101), proposed to 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.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been submitted on the proposed 
AD or on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    This AD will affect about 24 airplanes of U.S. registry. The 
required inspection will 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 AD for U.S. operators is $1,560, or $65 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 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 AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-05-04 Aerospatiale: Amendment 39-13992. Docket No. FAA-2004-
19562; Directorate Identifier 2004-NM-73-AD.

Effective Date

    (a) This AD becomes effective April 6, 2005.

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 main landing gear 
(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, of the Avions de Transport 
Regional 42 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.

[[Page 10037]]

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.

Material Incorporated by Reference

    (l) You must use Job Instruction Card 32-11-00 RAI 10030-001, 
dated February 1, 2000, of the Avions de Transport Regional 42 
Aircraft Maintenance Manual to perform the actions that are required 
by this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approves the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For 
copies of the service information, contact Aerospatiale, 316 Route 
de Bayonne, 31060 Toulouse, Cedex 03, France. For information on the 
availability of this material at the National Archives and Records 
Administration (NARA), call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may view the AD docket at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., room PL-401, Nassif Building, Washington, DC.


    Issued in Renton, Washington, on February 17, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-3787 Filed 3-1-05; 8:45 am]
BILLING CODE 4910-13-P