[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Rules and Regulations]
[Pages 44883-44885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12726]



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  Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Rules 
and Regulations  

[[Page 44883]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25537; Directorate Identifier 2006-NM-160-AD; 
Amendment 39-14708; AD 2006-16-08]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42 and ATR72 
Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Aerospatiale Model ATR42 and ATR72 airplanes. This AD requires 
an inspection of the locking bolt of the upper attachment pin of the 
shock absorber on both main landing gears (MLGs) for the correct 
installation of the locking bolt and for any missing locking bolt, 
washer, nut, cotter pin, or compound, and applicable corrective action 
if necessary. This AD results from a report of migration and subsequent 
rupture of the attachment pin of the shock absorber of a MLG. We are 
issuing this AD to prevent failure of a MLG, which could result in 
significant structural damage to the airplane and possible injury to 
the occupants.

DATES: This AD becomes effective August 23, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 23, 
2006.
    We must receive comments on this AD by October 10, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this 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.
     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.
    Contact Messier Services, Customer Support Center (CSC) Americas, 
45360 Severn Way, Sterling, Virginia 20166-8910, for service 
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the 
airworthiness authority for the European Union, notified us that an 
unsafe condition may exist on certain Aerospatiale Model ATR42 and 
ATR72 airplanes. The EASA advises that it has received a report of 
migration and subsequent rupture of the attachment pin of the shock 
absorber of a main landing gear (MLG). Investigation revealed that the 
migration was due to the absence of the locking bolt, which was not 
installed during manufacturing. This condition, if not corrected, could 
result in failure of a MLG and consequent structural damage to the 
airplane and possible injury to the occupants.

Relevant Service Information

    Messier-Dowty has issued Special Inspection Service Bulletin 631-
32-190, dated July 12, 2006. The service bulletin describes procedures 
for a visual inspection of the locking bolt of the upper attachment pin 
of the shock absorber on both MLGs for the correct installation of the 
locking bolt and for any missing locking bolt, washer, nut, cotter pin, 
or compound, and applicable corrective action if necessary. The 
corrective action includes installing any missing locking bolt, cotter 
pin, nut, washer, or compound, and ensuring proper installation of the 
locking bolt. Accomplishing the actions specified in the service 
information is intended to adequately address the unsafe condition. The 
EASA mandated the service bulletin and issued emergency airworthiness 
directive 2006-0216-E, dated July 14, 2006, to ensure the continued 
airworthiness of these airplanes in the European Union.

FAA's Determination and Requirements of This 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. As described in FAA 
Order 8100.14A, ``Interim Procedures for Working with the European 
Community on Airworthiness Certification and Continued Airworthiness,'' 
dated August 12, 2005, the EASA has kept the FAA informed of the 
situation described above. We have examined the EASA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to prevent failure of a MLG, 
which could result in significant structural damage to the airplane and 
possible injury to the occupants. This AD requires accomplishing the 
actions specified in the service information described previously, 
except as discussed under ``Difference Between the AD and Service 
Bulletin.''

Difference Between the AD and Service Bulletin

    The service bulletin specifies to contact the manufacturer for 
instructions on how to repair certain conditions, but this AD requires 
repairing those conditions using a method that we or the EASA (or its 
delegated agent) approve. In light of the type of repair that is 
required to address the unsafe condition, and consistent with existing 
bilateral airworthiness agreements, we have determined that, for this 
AD, a repair we or the EASA approve is acceptable for compliance with 
this AD.

[[Page 44884]]

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2006-
25537; Directorate Identifier 2006-NM-160-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    We will post all comments we receive, without change, to http://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 AD. Using the search function of that 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 may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may 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 DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

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 the 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 AD and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-16-08 Aerospatiale: Amendment 39-14708. Docket No. FAA-2006-
25537; Directorate Identifier 2006-NM-160-AD.

Effective Date

    (a) This AD becomes effective August 23, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to airplanes identified in Table 1 of this 
AD, certificated in any category.

                         Table 1.--Applicability
------------------------------------------------------------------------
                                             Manufacturer serial numbers
            Aerospatiale model                          (MSN)
------------------------------------------------------------------------
(1) ATR42-200, -300, -320, and -500         Up to MSN 645 inclusive.
 airplanes.
(2) ATR72-101, -201, -102, -202, -211, -    Up to MSN 730 inclusive,
 212, and -212A airplanes.                   excluding MSN 723.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from a report of migration and subsequent 
rupture of the attachment pin of the shock absorber of a main 
landing gear (MLG). We are issuing this AD to prevent failure of a 
MLG, which could result in significant structural damage to the 
airplane and possible injury to the occupants.

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.

General Visual Inspection and Corrective Action

    (f) Within 15 days after the effective date of this AD, do a 
general visual inspection of the locking bolt of the upper 
attachment pin of the shock absorber on both MLGs for the correct 
installation of the locking bolt and for any missing locking bolt, 
washer, nut, cotter pin, or compound; and before further flight, do 
all applicable corrective actions. Do the actions in accordance with 
the Accomplishment Instructions of Messier-Dowty Special Inspection 
Service Bulletin 631-32-190, dated July 12, 2006, except as provided 
by paragraph (g) of this AD.

    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.''


[[Page 44885]]


    (g) Where Messier-Dowty Special Inspection Service Bulletin 631-
32-190, dated July 12, 2006, specifies contacting Messier-Dowty for 
appropriate action: Before further flight, repair the locking bolt 
using a method approved by either the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA; or the European 
Aviation Safety Agency (EASA) (or its delegated agent).

Alternative Methods of Compliance (AMOCs)

    (h)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (i) EASA emergency airworthiness directive 2006-0216-E, dated 
July 14, 2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use Messier-Dowty Special Inspection Service 
Bulletin 631-32-190, dated July 12, 2006, to perform the actions 
that are required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference of this document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. Contact Messier Services, Customer Support Center (CSC) 
Americas, 45360 Severn Way, Sterling, Virginia 20166-8910, for a 
copy of this service information. You may review copies at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; 
on the Internet at http://dms.dot.gov; or at the National Archives 
and Records Administration (NARA). For information on the 
availability of this material at the NARA, call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on July 28, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-12726 Filed 8-7-06; 8:45 am]
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