[Federal Register: December 17, 2003 (Volume 68, Number 242)]
[Proposed Rules]
[Page 70208-70210]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de03-26]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-116-AD]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale Model ATR42 and ATR72
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Aerospatiale Model ATR42
and ATR72 series airplanes. This proposal would require 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: Comments must be received by January 16, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
[[Page 70209]]
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-116-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-116-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex
03, France. This information may be examined at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.
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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-116-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-116-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Direction Generale de l'Aviation Civile (DGAC), which is the
airworthiness authority for France, notified the FAA that an unsafe
condition may exist on certain Aerospatiale Model ATR42 and ATR72
series airplanes. The DGAC advises that several cases of fatigue
cracking have been found on the swinging lever spacers in the main
landing gear (MLG). The fatigue cracking is located at the intersection
base of the spacer, and is due to a stress concentration. Propagation
of such cracking 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.
Explanation of Relevant Service Information
The manufacturer has issued Avions de Transport Regional Service
Bulletins ATR42-32-0094 and ATR72-32-1042, both dated November 26,
2001. The Avions de Transport Regional Service Bulletins reference
Messier-Dowty Service Bulletins 631-32-166, dated November 28, 2001
(for Model ATR42 series airplanes); and 631-32-165, dated November 27,
2001 (for Model ATR72 series airplanes) for accomplishment of the
replacement of the swinging lever spacers of the MLG. The Messier-Dowty
service bulletins describe procedures for replacement of the swinging
lever spacers in the left and right leg assemblies of the MLG with new,
improved spacers. The new spacers were manufactured using 7175
material, which is stronger than the 2024 and 7010 material used in the
existing spacers. Accomplishment of the actions specified in the
service bulletin is intended to adequately address the identified
unsafe condition. The DGAC classified the Avions de Transport Regional
service bulletins as mandatory and issued French airworthiness
directives 2001-614-089(B) and 2001-615-062(B), both dated December 26,
2001, to ensure the continued airworthiness of these airplanes in
France.
FAA's Conclusions
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. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept us informed of the
situation described above. We have examined the findings of the DGAC,
reviewed all available information, and determined that AD action is
necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Proposed AD
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service information described previously,
except as discussed below.
Differences Among French Airworthiness Directive, Service Information,
and Proposed AD
The applicability specified in French airworthiness directive 2001-
614-089(B) includes Aerospatiale Model ATR42-400; however, this
proposed AD does not include that model because no U.S. type
certificate has been issued for that airplane.
Paragraph 1.C.(4) of service bulletin ATR42-32-0094 references
Messier-Dowty Service Bulletin No. 631-32-165 for the replacement of
the swinging lever spacers of the MLG; however, the correct number for
that service bulletin is No. 631-32-166. The manufacturer has been
notified of this typographical error and will be issuing a revised
service bulletin.
Cost Impact
The FAA estimates that 133 airplanes of U.S. registry would be
affected by this proposed AD, that it would take about
[[Page 70210]]
16 work hours per airplane to accomplish the proposed replacement, and
that the average labor rate is $65 per work hour. Required parts would
cost between $921 and $4,272 per airplane. Based on these figures, the
cost impact of the proposed 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 proposed 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 proposed herein 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 levers of government. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Aerospatiale: 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 Bulletins ATR42-32-0094 and ATR72-32-
1042, both dated November 26, 2001. Do the replacement at the
applicable time specified in paragraphs (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 Bulletins 631-32-166, dated November
28, 2001 (for Model ATR42 series airplanes); and 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.
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.
Issued in Renton, Washington, on December 5, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-31066 Filed 12-16-03; 8:45 am]
BILLING CODE 4910-13-P