Airworthiness Directives; ATR Model ATR42-200, -300, and -320 Airplanes, 32659-32662 [E8-12934]

Download as PDF Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Proposed Rules Hugo Teufel, III, Chief Privacy Officer, Department of Homeland Security. [FR Doc. E8–12785 Filed 6–9–08; 8:45 am] • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. BILLING CODE 4410–10–P Examining the AD Docket (c) From subsection (g) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0636; Directorate Identifier 2007–NM–324–AD] RIN 2120–AA64 Airworthiness Directives; ATR Model ATR42–200, –300, and –320 Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: One ATR 42–300 experienced a collapse of the Right (RH) Main Landing Gear (MLG) when taxiing, caused by failure of the side brace assembly. Investigations revealed a crack propagation that occurred from a corrosion pit, in a very high stressed area of the upper arm. * * * rwilkins on PROD1PC63 with PROPOSALS * * * * * The unsafe condition is cracking of the upper arms of the secondary side brace assemblies of the MLG, which could result in collapse of the MLG during takeoff or landing, damage to the airplane, and possible injury to the flightcrew and passengers. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by July 10, 2008. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. VerDate Aug<31>2005 16:46 Jun 09, 2008 Jkt 214001 You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. 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: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2008–0636; Directorate Identifier 2007–NM–324–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2007–0263, dated October 3, 2007 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: ONE ATR 42–300 experienced a collapse of the Right (RH) Main Landing Gear (MLG) when taxiing, caused by failure of the side PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 32659 brace assembly. Investigations revealed a crack propagation that occurred from a corrosion pit, in a very high stressed area of the upper arm. Dimensions of the corrosion pit were lower than the minimum defect size that can be detected by usual inspection means used during landing gear overhaul. The superseded EASA (European Aviation Safety Agency) Airworthiness Directive (AD) 2007–0112 was issued to require repetitive inspections on affected high stressed areas on MLG side brace assemblies for crack detection and to replace the affected side brace assembly if any defect was found. Since the issuance of [EASA] AD 2007– 0112, a modification of [the] side brace upper arm has been developed as terminating action. However, production non-conformity of the inspection tool was discovered. In order to correct the discrepancy of the initial tool, new inspection tool components have been manufactured and the Service Bulletin (SB) Messier Dowty 631–32–191 has been updated to revision 2 accordingly. This directive mandates re-inspection of MLG side brace assemblies previously inspected in accordance with revision 1 of the Messier Dowty SB 631–32–191 and reduces the inspection interval initially proposed in [EASA] AD 2007–0112 in order to maintain the same level of confidence. * * * * * The unsafe condition is cracking of the upper arms of the secondary side brace assemblies of the MLG, which could result in collapse of the MLG during takeoff or landing, damage to the airplane, and possible injury to the flightcrew and passengers. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Messier-Dowty has issued Special Inspection Service Bulletin 631–32–191, Revision 2, dated August 30, 2007, and Service Bulletin 631–32–194, dated June 6, 2007. ATR has issued Service Bulletin ATR42–32–0092, dated June 25, 2007. ATR has also issued Technical Instruction ATR42–07–01, dated February 5, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. E:\FR\FM\10JNP1.SGM 10JNP1 32660 Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Proposed Rules Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 31 products of U.S. registry. We also estimate that it would take about 35 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $0 per product. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $86,800, or $2,800 per product. rwilkins on PROD1PC63 with PROPOSALS 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 determined that this proposed AD would not have federalism implications under Executive Order 13132. This VerDate Aug<31>2005 16:46 Jun 09, 2008 Jkt 214001 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 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. 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 and placed it in the AD docket. 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: 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ´ ATR—GIE Avions de Transport Regional (Formerly Aerospatiale): Docket No. FAA–2008–0636; Directorate Identifier 2007–NM–324–AD. Comments Due Date (a) We must receive comments by July 10, 2008. Affected ADs (b) None. Applicability (c) This AD applies to ATR Model ATR42– 200, –300, and –320 airplanes, certificated in any category; excluding airplanes on which ATR Modification 8463 has been done. Subject (d) Air Transport Association (ATA) of America Code 32: Landing gear. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 (e) The mandatory continuing airworthiness information (MCAI) states: One ATR 42–300 experienced a collapse of the Right (RH) Main Landing Gear (MLG) when taxiing, caused by failure of the side brace assembly. Investigations revealed a crack propagation that occurred from a corrosion pit, in a very high stressed area of the upper arm. Dimensions of the corrosion pit were lower than the minimum defect size that can be detected by usual inspection means used during landing gear overhaul. The superseded EASA (European Aviation Safety Agency) Airworthiness Directive (AD) 2007–0112 was issued to require repetitive inspections on affected high stressed areas on MLG side brace assemblies for crack detection and to replace the affected side brace assembly if any defect was found. Since the issuance of [EASA] AD 2007– 0112, a modification of [the] side brace upper arm has been developed as terminating action. However, production non-conformity of the inspection tool was discovered. In order to correct the discrepancy of the initial tool, new inspection tool components have been manufactured and the Service Bulletin (SB) Messier Dowty 631–32–191 has been updated to revision 2 accordingly. This directive mandates re-inspection of MLG side brace assemblies previously inspected in accordance with revision 1 of the Messier Dowty SB 631–32–191 and reduces the inspection interval initially proposed in [EASA] AD 2007–0112 in order to maintain the same level of confidence. * PART 39—AIRWORTHINESS DIRECTIVES § 39.13 Reason * * * * The unsafe condition is cracking of the upper arms of the secondary side brace assemblies of the MLG, which could result in collapse of the MLG during takeoff or landing, damage to the airplane, and possible injury to the flightcrew and passengers. Actions and Compliance (f) For MLG side brace assemblies with part number (P/N) D22710000, without suffix ‘‘– 9’’: Unless already done, do the following actions. (1) For airplanes on which the MLG side brace assemblies have not been inspected as of the effective date of this AD, in accordance with the Accomplishment Instructions of Messier-Dowty Service Bulletin 631–32–191, Revision 1, dated February 26, 2007: Perform the initial eddy current inspection for cracking of the MLG side brace, in accordance with the Accomplishment Instructions of Messier-Dowty Special Inspection Service Bulletin 631–32–191, Revision 2, dated August 30, 2007, at the applicable time specified in Table 1 of this AD. Unless otherwise specified, the flight cycles and times indicated in Table 1 of this AD must be interpreted as total flight cycles since overhaul, or time since overhaul, and as total flight cycles since new or time since manufacture for side brace assemblies that have not undergone any overhaul yet. E:\FR\FM\10JNP1.SGM 10JNP1 32661 Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Proposed Rules TABLE 1.—COMPLIANCE TIMES For a MLG side brace assembly with the total flight cycles since new or total flight cycles since overhaul specified below as of the effective date of this AD— Do the initial inspection at the time specified below— More than 8,000 flight cycles ................................................................... 5,000 or more total flight cycles, but not more than 8,000 total flight cycles. Less than 5,000 flight cycles .................................................................... Within 500 flight cycles after the effective date of this AD. Within 1,000 flight cycles after the effective date of this AD or before accumulating 8,500 flight cycles, whichever occurs first. Within 2,000 flight cycles after the effective date of this AD or before accumulating 6,000 flight cycles, whichever occurs first. (2) For airplanes on which the MLG side brace assemblies have been inspected as of the effective date of this AD, in accordance with the Accomplishment Instructions of Messier-Dowty Service Bulletin 631–32–191, Revision 1, dated February 26, 2007: Within 1,000 flight cycles after the last inspection or within 200 flight cycles after the effective date of this AD, whichever occurs later, perform an eddy current inspection for cracking of the MLG side brace, in accordance with the Accomplishment Instructions of Messier-Dowty Special Inspection Service Bulletin 631–32–191, Revision 2, dated August 30, 2007. (3) After accomplishment of the inspection required by paragraph (f)(1) or (f)(2) of this AD, repeat the inspection at intervals not to exceed 2,600 flight cycles in accordance with the Accomplishment Instructions of MessierDowty Special Inspection Service Bulletin 631–32–191, Revision 2, dated August 30, 2007. (4) If any crack is found during any inspection required by paragraphs (f)(1), (f)(2) and (f)(3) of this AD, before further flight, replace the affected side brace in accordance with the Accomplishment Instructions of Messier-Dowty Special Inspection Service Bulletin 631–32–191, Revision 2, dated August 30, 2007. (5) At the applicable time specified in paragraph (f)(5)(i) or (f)(5)(ii) of this AD: Inspect for cracking, corrosion, and defects of the MLG side brace assemblies with P/N D22710000, without suffix ‘‘-9’’, in accordance with the Accomplishment Instructions of Messier Dowty Service Bulletin 631–32–194, dated June 6, 2007. (i) For airplanes having side brace assemblies on which Messier-Bugatti Service Bulletin 631–32–072 has not been incorporated: Before accumulating 16,000 total flight cycles or within 8 years after the effective date of this AD, whichever occurs first. (ii) For airplanes having side brace assemblies on which Messier-Bugatti Service Bulletin 631–32–072 has been incorporated: Before accumulating 19,000 total flight cycles or within 8 years after the effective date of this AD, whichever occurs first. (6) If no cracking, corrosion, or defect is found during any inspection required by paragraph (f)(5) of this AD, before further flight, modify and re-identify (by adding a suffix ‘‘–9’’ to P/N D22710000) the MLG side brace assemblies in accordance with the Accomplishment Instructions of ATR Service Bulletin ATR42–32–0092, dated June 25, 2007. (7) If any cracking, corrosion, or defect is found during any inspection required by paragraph (f)(5) of this AD, before further flight, replace the discrepant MLG side brace assembly with a modified and re-identified MLG side brace assembly in accordance with the Accomplishment Instructions of ATR Service Bulletin ATR42–32–0092, dated June 25, 2007. FAA AD Differences Note: This AD differs from the MCAI and/ or service information as follows: Although the MCAI or service information allows further flight if a crack is found during compliance with the required inspections, this AD requires that you repair the crack before further flight. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1137; fax (425) 227–1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (h) Refer to MCAI EASA Airworthiness Directive 2007–0263, dated October 3, 2007, and the service information specified in Table 2 of this AD, for related information. TABLE 2.—SERVICE INFORMATION Revision ATR Service Bulletin ATR 42–32–0092 ................................ ATR Technical Instruction ATR 42 ATR 42–07–01 .............. Messier-Dowty Service Bulletin 631–32–194 ....................... Messier-Dowty Special Inspection Service Bulletin 631– 32–191. rwilkins on PROD1PC63 with PROPOSALS Service Bulletin Original ................................................................................. Original ................................................................................. Original ................................................................................. 2 ............................................................................................ VerDate Aug<31>2005 16:46 Jun 09, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\10JNP1.SGM Date 10JNP1 June 25, 2007. February 5, 2007. June 6, 2007. August 30, 2007. 32662 Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Proposed Rules Issued in Renton, Washington, on June 3, 2008. Michael J. Kaszycki, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–12934 Filed 6–9–08; 8:45 am] BILLING CODE 4910–13–P FEDERAL TRADE COMMISSION 16 CFR Part 260 Guides for the Use of Environmental Marketing Claims; Green Building and Textiles; Public Workshop Federal Trade Commission. ACTION: Announcement of public workshop; request for public comment. rwilkins on PROD1PC63 with PROPOSALS AGENCY: SUMMARY: The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) is planning to host a public workshop on July 15, 2008, to examine developments in green building and textile claims and consumer perception of such claims. The workshop is a component of the Commission’s regulatory review of the Guides for the Use of Environmental Marketing Claims, announced on November 26, 2007. DATES: The workshop will be held on Tuesday, July 15, 2008, from 9:00 AM to 5:00 PM at the FTC’s Satellite Building Conference Center, located at 601 New Jersey Avenue, N.W., Washington, D.C. Any written comments in response to this Notice must be received by August 15, 2008. REGISTRATION INFORMATION: The workshop is open to the public, and there is no fee for attendance. The FTC also plans to make this workshop available via webcast, see (https:// www.ftc.gov/bcp/workshops/ buildingandtextiles/index.shtml). For admittance to the Conference Center, all attendees will be required to show a valid photo identification such as a driver’s license. The FTC will accept pre-registration for this workshop. Preregistration is not necessary to attend, but is encouraged so that we may better plan this event. To pre-register, please email your name and affiliation to buildingandtextilesworkshop@ftc.gov. When you pre-register, we will collect your name, affiliation, and your email address. This information will be used to estimate how many people will attend. We may use your email address to contact you with information about the workshop. Under the Freedom of Information Act (‘‘FOIA’’) or other laws, we may be required to disclose to outside organizations the information you provide. For additional information, VerDate Aug<31>2005 16:46 Jun 09, 2008 Jkt 214001 including routine uses permitted by the Privacy Act, see the Commission’s Privacy Policy at (www.ftc.gov/ftc/ privacy.htm.) The FTC Act and other laws the Commission administers permit the collection of this contact information to consider and use for the above purposes. WRITTEN AND ELECTRONIC COMMENTS: The submission of comments is not required for attendance at the workshop. If you wish to submit written or electronic comments to inform discussion at the workshop, such comments must be received by July 1, 2008. All comments in response to this Notice must be submitted no later than August 15, 2008. Comments should refer to ‘‘Green Building and Textiles Workshop— Comment, Project No. P084203’’ to facilitate organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission/ Office of the Secretary, Room H-135 (Annex B), 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. Comments containing confidential material must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with Commission Rule 4.9(c).1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments filed in electronic form should be submitted by following the instructions on the web-based form at (https://secure.commentworks.com/ftcbuildingandtextilesworkshop.) To ensure that the Commission considers an electronic comment, you must file it on that web-based form. You also may visit https://www.regulations.gov to read this notice, and may file an electronic comment through that website. The Commission will consider all comments that www.regulations.gov forwards to it. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives, 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c). PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 whether filed in paper or electronic form. Comments received will be available to the public on the FTC website, to the extent practicable, at https://www.ftc.gov. As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC website. To read our policy on how we handle the information you submit—including routine uses permitted by the Privacy Act—please review the FTC’s privacy policy, at (https://www.ftc.gov/ftc/privacy.shtm.) FOR FURTHER INFORMATION CONTACT: Robin Rosen Spector, Attorney, 202326-3740 or Janice Podoll Frankle, Attorney, 202-326-2022, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission. SUPPLEMENTARY INFORMATION: I. Introduction FTC staff is planning to conduct a one-day workshop on July 15, 2008, addressing environmental advertising claims regarding building and textiles. The workshop will explore environmental or ‘‘green’’ building and textile claims, consumer perception of those claims, and substantiation issues. The workshop is one component of the Commission’s regulatory review of the Guides for the Use of Environmental Marketing Claims (‘‘Green Guides’’ or ‘‘Guides’’), 16 CFR Part 260, which the FTC announced on November 26, 2007.2 This Notice provides background on the Green Guides and the Green Guides regulatory review; briefly discusses consumer protection issues raised by green building and textile claims; and includes questions for comment. II. Background Information This Federal Register Notice is part of the FTC’s standard regulatory review of the Green Guides. The following section provides background information on the Green Guides and the Commission’s Green Guides regulatory review process. A. The Green Guides The Commission issued the Green Guides to help marketers avoid making unfair or deceptive environmental 2 The Federal Register Notice announcing this review is at 72 FR 66091 (Nov. 27, 2007), and can be found at (https://www.ftc.gov/os/2007/11/ P954501ggfrn.pdf). The Commission reviews all of its rules and guides periodically. These reviews seek information about the costs and benefits of the Commission’s existing rules and guides and their regulatory and economic impact. The information obtained during these reviews assists the Commission in identifying rules and guides that warrant modification or rescission. E:\FR\FM\10JNP1.SGM 10JNP1

Agencies

[Federal Register Volume 73, Number 112 (Tuesday, June 10, 2008)]
[Proposed Rules]
[Pages 32659-32662]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12934]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0636; Directorate Identifier 2007-NM-324-AD]
RIN 2120-AA64


Airworthiness Directives; ATR Model ATR42-200, -300, and -320 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    One ATR 42-300 experienced a collapse of the Right (RH) Main 
Landing Gear (MLG) when taxiing, caused by failure of the side brace 
assembly. Investigations revealed a crack propagation that occurred 
from a corrosion pit, in a very high stressed area of the upper arm. 
* * *
* * * * *

    The unsafe condition is cracking of the upper arms of the secondary 
side brace assemblies of the MLG, which could result in collapse of the 
MLG during takeoff or landing, damage to the airplane, and possible 
injury to the flightcrew and passengers. The proposed AD would require 
actions that are intended to address the unsafe condition described in 
the MCAI.

DATES: We must receive comments on this proposed AD by July 10, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0636; 
Directorate Identifier 2007-NM-324-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2007-0263, dated October 3, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    ONE ATR 42-300 experienced a collapse of the Right (RH) Main 
Landing Gear (MLG) when taxiing, caused by failure of the side brace 
assembly. Investigations revealed a crack propagation that occurred 
from a corrosion pit, in a very high stressed area of the upper arm. 
Dimensions of the corrosion pit were lower than the minimum defect 
size that can be detected by usual inspection means used during 
landing gear overhaul. The superseded EASA (European Aviation Safety 
Agency) Airworthiness Directive (AD) 2007-0112 was issued to require 
repetitive inspections on affected high stressed areas on MLG side 
brace assemblies for crack detection and to replace the affected 
side brace assembly if any defect was found.
    Since the issuance of [EASA] AD 2007-0112, a modification of 
[the] side brace upper arm has been developed as terminating action. 
However, production non-conformity of the inspection tool was 
discovered.
    In order to correct the discrepancy of the initial tool, new 
inspection tool components have been manufactured and the Service 
Bulletin (SB) Messier Dowty 631-32-191 has been updated to revision 
2 accordingly. This directive mandates re-inspection of MLG side 
brace assemblies previously inspected in accordance with revision 1 
of the Messier Dowty SB 631-32-191 and reduces the inspection 
interval initially proposed in [EASA] AD 2007-0112 in order to 
maintain the same level of confidence.
* * * * *

The unsafe condition is cracking of the upper arms of the secondary 
side brace assemblies of the MLG, which could result in collapse of the 
MLG during takeoff or landing, damage to the airplane, and possible 
injury to the flightcrew and passengers. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Messier-Dowty has issued Special Inspection Service Bulletin 631-
32-191, Revision 2, dated August 30, 2007, and Service Bulletin 631-32-
194, dated June 6, 2007. ATR has issued Service Bulletin ATR42-32-0092, 
dated June 25, 2007. ATR has also issued Technical Instruction ATR42-
07-01, dated February 5, 2007. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

[[Page 32660]]

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 31 products of U.S. registry. We also estimate that 
it would take about 35 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $0 per product. Based on 
these figures, we estimate the cost of the proposed AD on U.S. 
operators to be $86,800, or $2,800 per product.

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 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 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. 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 and placed it in the AD docket.

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 AD:

ATR--GIE Avions de Transport Regional (Formerly Aerospatiale): 
Docket No. FAA-2008-0636; Directorate Identifier 2007-NM-324-AD.

Comments Due Date

    (a) We must receive comments by July 10, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to ATR Model ATR42-200, -300, and -320 
airplanes, certificated in any category; excluding airplanes on 
which ATR Modification 8463 has been done.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    One ATR 42-300 experienced a collapse of the Right (RH) Main 
Landing Gear (MLG) when taxiing, caused by failure of the side brace 
assembly. Investigations revealed a crack propagation that occurred 
from a corrosion pit, in a very high stressed area of the upper arm. 
Dimensions of the corrosion pit were lower than the minimum defect 
size that can be detected by usual inspection means used during 
landing gear overhaul. The superseded EASA (European Aviation Safety 
Agency) Airworthiness Directive (AD) 2007-0112 was issued to require 
repetitive inspections on affected high stressed areas on MLG side 
brace assemblies for crack detection and to replace the affected 
side brace assembly if any defect was found.
    Since the issuance of [EASA] AD 2007-0112, a modification of 
[the] side brace upper arm has been developed as terminating action. 
However, production non-conformity of the inspection tool was 
discovered.
    In order to correct the discrepancy of the initial tool, new 
inspection tool components have been manufactured and the Service 
Bulletin (SB) Messier Dowty 631-32-191 has been updated to revision 
2 accordingly. This directive mandates re-inspection of MLG side 
brace assemblies previously inspected in accordance with revision 1 
of the Messier Dowty SB 631-32-191 and reduces the inspection 
interval initially proposed in [EASA] AD 2007-0112 in order to 
maintain the same level of confidence.
* * * * *
    The unsafe condition is cracking of the upper arms of the 
secondary side brace assemblies of the MLG, which could result in 
collapse of the MLG during takeoff or landing, damage to the 
airplane, and possible injury to the flightcrew and passengers.

Actions and Compliance

    (f) For MLG side brace assemblies with part number (P/N) 
D22710000, without suffix ``-9'': Unless already done, do the 
following actions.
    (1) For airplanes on which the MLG side brace assemblies have 
not been inspected as of the effective date of this AD, in 
accordance with the Accomplishment Instructions of Messier-Dowty 
Service Bulletin 631-32-191, Revision 1, dated February 26, 2007: 
Perform the initial eddy current inspection for cracking of the MLG 
side brace, in accordance with the Accomplishment Instructions of 
Messier-Dowty Special Inspection Service Bulletin 631-32-191, 
Revision 2, dated August 30, 2007, at the applicable time specified 
in Table 1 of this AD. Unless otherwise specified, the flight cycles 
and times indicated in Table 1 of this AD must be interpreted as 
total flight cycles since overhaul, or time since overhaul, and as 
total flight cycles since new or time since manufacture for side 
brace assemblies that have not undergone any overhaul yet.

[[Page 32661]]



                       Table 1.--Compliance Times
------------------------------------------------------------------------
 For a MLG side brace assembly with the
 total flight cycles since new or total
 flight cycles since overhaul specified    Do the initial inspection at
 below as of the effective date of this     the time specified below--
                  AD--
------------------------------------------------------------------------
More than 8,000 flight cycles..........  Within 500 flight cycles after
                                          the effective date of this AD.
5,000 or more total flight cycles, but   Within 1,000 flight cycles
 not more than 8,000 total flight         after the effective date of
 cycles.                                  this AD or before accumulating
                                          8,500 flight cycles, whichever
                                          occurs first.
Less than 5,000 flight cycles..........  Within 2,000 flight cycles
                                          after the effective date of
                                          this AD or before accumulating
                                          6,000 flight cycles, whichever
                                          occurs first.
------------------------------------------------------------------------

    (2) For airplanes on which the MLG side brace assemblies have 
been inspected as of the effective date of this AD, in accordance 
with the Accomplishment Instructions of Messier-Dowty Service 
Bulletin 631-32-191, Revision 1, dated February 26, 2007: Within 
1,000 flight cycles after the last inspection or within 200 flight 
cycles after the effective date of this AD, whichever occurs later, 
perform an eddy current inspection for cracking of the MLG side 
brace, in accordance with the Accomplishment Instructions of 
Messier-Dowty Special Inspection Service Bulletin 631-32-191, 
Revision 2, dated August 30, 2007.
    (3) After accomplishment of the inspection required by paragraph 
(f)(1) or (f)(2) of this AD, repeat the inspection at intervals not 
to exceed 2,600 flight cycles in accordance with the Accomplishment 
Instructions of Messier-Dowty Special Inspection Service Bulletin 
631-32-191, Revision 2, dated August 30, 2007.
    (4) If any crack is found during any inspection required by 
paragraphs (f)(1), (f)(2) and (f)(3) of this AD, before further 
flight, replace the affected side brace in accordance with the 
Accomplishment Instructions of Messier-Dowty Special Inspection 
Service Bulletin 631-32-191, Revision 2, dated August 30, 2007.
    (5) At the applicable time specified in paragraph (f)(5)(i) or 
(f)(5)(ii) of this AD: Inspect for cracking, corrosion, and defects 
of the MLG side brace assemblies with P/N D22710000, without suffix 
``-9'', in accordance with the Accomplishment Instructions of 
Messier Dowty Service Bulletin 631-32-194, dated June 6, 2007.
    (i) For airplanes having side brace assemblies on which Messier-
Bugatti Service Bulletin 631-32-072 has not been incorporated: 
Before accumulating 16,000 total flight cycles or within 8 years 
after the effective date of this AD, whichever occurs first.
    (ii) For airplanes having side brace assemblies on which 
Messier-Bugatti Service Bulletin 631-32-072 has been incorporated: 
Before accumulating 19,000 total flight cycles or within 8 years 
after the effective date of this AD, whichever occurs first.
    (6) If no cracking, corrosion, or defect is found during any 
inspection required by paragraph (f)(5) of this AD, before further 
flight, modify and re-identify (by adding a suffix ``-9'' to P/N 
D22710000) the MLG side brace assemblies in accordance with the 
Accomplishment Instructions of ATR Service Bulletin ATR42-32-0092, 
dated June 25, 2007.
    (7) If any cracking, corrosion, or defect is found during any 
inspection required by paragraph (f)(5) of this AD, before further 
flight, replace the discrepant MLG side brace assembly with a 
modified and re-identified MLG side brace assembly in accordance 
with the Accomplishment Instructions of ATR Service Bulletin ATR42-
32-0092, dated June 25, 2007.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: Although the MCAI or service information allows further 
flight if a crack is found during compliance with the required 
inspections, this AD requires that you repair the crack before 
further flight.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-1137; fax (425) 227-1149. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0263, dated 
October 3, 2007, and the service information specified in Table 2 of 
this AD, for related information.

                                          Table 2.--Service Information
----------------------------------------------------------------------------------------------------------------
             Service Bulletin                        Revision                              Date
----------------------------------------------------------------------------------------------------------------
ATR Service Bulletin ATR 42-32-0092......  Original....................  June 25, 2007.
ATR Technical Instruction ATR 42 ATR 42-   Original....................  February 5, 2007.
 07-01.
Messier-Dowty Service Bulletin 631-32-194  Original....................  June 6, 2007.
Messier-Dowty Special Inspection Service   2...........................  August 30, 2007.
 Bulletin 631-32-191.
----------------------------------------------------------------------------------------------------------------



[[Page 32662]]

    Issued in Renton, Washington, on June 3, 2008.
Michael J. Kaszycki,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-12934 Filed 6-9-08; 8:45 am]
BILLING CODE 4910-13-P
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