Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 65101

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.

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

Boeing: Docket No. FAA–2004–19567; 

Directorate Identifier 2004–NM–118–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by December 27, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes listed 

in Table 1 of this AD, certificated in any 

category:

TABLE 1.—APPLICABILITY

Model Line numbers 

737–200, –200C, –300, –400, and –500 series airplanes ................................. 311 through 3132 inclusive. 

737–600, –700, –700C, –800, and –900 series airplanes ................................. 1 through 1088 inclusive and 1090 through 1134 inclusive. 

Unsafe Condition 

(d) This AD is prompted by reports that the 

secondary fuel vapor barrier was not applied 

correctly to, or was missing from, certain 

areas of the wing center section. We are 

issuing this AD to prevent fuel or fuel vapors 

from leaking into the cargo or passenger 

compartments and coming into contact with 

a possible ignition source, which could result 

in fire or explosion. 

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. 

Service Bulletin References 

(f) The term ‘‘service bulletin,’’ as used in 

this AD, means the Accomplishment 

Instructions of the following service 

bulletins, as applicable: 

(1) For Model 737–200, –200C, –300, –400, 

and –500 series airplanes: Boeing Special 

Attention Service Bulletin 737–57–1261, 

dated February 27, 2003; and 

(2) For Model 737–600, –700, –700C, –800, 

and –900 series airplanes: Boeing Special 

Attention Service Bulletin 737–57–1250, 

Revision 1, dated September 4, 2003. 

Inspection 

(g) Within 48 months after the effective 

date of this AD, do a one-time detailed 

inspection for discrepancies of the secondary 

fuel vapor barrier of the wing center section; 

and if discrepancies exist, before further 

flight, do any applicable related 

investigative/corrective actions in accordance 

with the Accomplishment Instructions of the 

applicable service bulletin.

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive visual 

examination of a specific structural area, 

system, installation, or assembly to detect 

damage, failure, or irregularity. Available 

lighting is normally supplemented with a 

direct source of good lighting at intensity 

deemed appropriate by the inspector. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be used. Surface cleaning 

and elaborate access procedures may be 

required.’’

Actions Accomplished per Previous Issue of 

Service Bulletin 

(h) Actions accomplished before the 

effective date of this AD in accordance with 

Boeing Special Attention Service Bulletin 

737–57–1250, dated February 7, 2002, are 

considered acceptable for compliance with 

the corresponding actions specified in 

paragraph (g) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19.

Issued in Renton, Washington, on 

November 1, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–25031 Filed 11–9–04; 8:45 am] 

BILLING CODE 4910–13–P

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). 

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.

65102 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

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, marcia.walters@faa.gov.

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://

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://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 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 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.

§ 39.13 [Amended] 

2. The FAA amends § 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 MessierDowty 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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19561; Directorate 

Identifier 2004–NM–50–AD] 

RIN 2120–AA64 

Airworthiness Directives; Raytheon 

Model DH.125, HS.125, and BH.125 

Series Airplanes; BAe.125 Series 800A 

(C–29A and U–125) and 800B 

Airplanes; and Hawker 800 (Including 

Variant U–125A) and 800XP Airplanes; 

Equipped With TFE731 Engines

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Raytheon Model DH.125, 

HS.125, and BH.125 series airplanes; 

BAe.125 series 800A (C–29A and U–

125) and 800B airplanes; and Hawker 

800 (including variant U–125A) and 

800XP airplanes. This proposed AD 

would require installing insulating 

blankets on the engine compartment 

firewall and the wire harness passing