Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / Rules and Regulations 6539

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. Section 39.13 is amended by 

removing amendment 39–9411 (60 FR 

54421, October 24, 1995), and by adding 

a new airworthiness directive (AD), 

amendment 39–13457, to read as 

follows:

2004–03–13 Bombardier, Inc. (Formerly 

Canadair): Amendment 39–13457. 

Docket 2003–NM–139–AD. Supersedes 

AD 95–22–04, Amendment 39–9411.

Applicability: Model CL–215–1A10 

(piston) and CL–215–6B11 (turboprop) series 

airplanes, having serial numbers 1001 

through 1125 inclusive, certificated in any 

category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent cracking in the inner bearing 

surface of the main landing gear (MLG) axles, 

which could result in failure of an axle, 

subsequent separation of the wheel from the 

airplane, and consequent reduced 

controllability of the airplane during takeoff 

or landing, accomplish the following: 

Restatement of Certain Requirements of AD 

95–22–04

Repetitive Inspections/Corrective Action 

(a) Within 60 days after November 8, 1995 

(the effective date of AD 95–22–04, 

amendment 39–9411), perform either an 

eddy current inspection or a chemical 

inspection of the inner bearing surface area 

of the left and right MLG axles to determine 

if they have been reworked using chromium 

plating, in accordance with Canadair Alert 

Service Bulletin 215–A462, dated June 2, 

1993; or Bombardier Alert Service Bulletin 

215–A462, Revision 3, dated January 17, 

2000. If the inner bearing surface of the MLG 

axle has not been reworked using chromium 

plating, no further action is required by this 

paragraph for that axle only. 

(b) If the inner bearing surface of the MLG 

axle has been reworked using chromium 

plating, prior to further flight, perform an 

ultrasonic inspection to detect cracking in 

the axle, in accordance with Canadair Alert 

Service Bulletin 215–A462, dated June 2, 

1993; or Bombardier Alert Service Bulletin 

215–A462, Revision 3, dated January 17, 

2000. 

(1) If no crack is detected during this 

inspection, repeat the ultrasonic inspection 

at intervals not to exceed 150 landings. 

(2) If any crack is detected during this 

inspection, prior to further flight, remove the 

cracked axle and replace it with a serviceable 

axle that does not have an inner bearing 

surface that has been reworked using 

chromium plating, in accordance with the 

service bulletin. 

New Requirements of This AD 

Dimensional Check/Follow-on Corrective 

Actions 

(c) Within 150 landings after the effective 

date of this AD: Do a dimensional check by 

measuring the diameter of the left and right 

MLG axles to determine if they have been 

reworked outside the dimensions specified in 

Canadair CL–215 Overhaul Manual PSP 298, 

or if the axle has unknown rework 

dimensions or the service life of that axle 

cannot be determined, in accordance with 

Bombardier Alert Service Bulletin 215–A462, 

Revision 3, dated January 17, 2000. 

(1) If any axle has been reworked outside 

the specified dimensions, or has unknown 

rework dimensions, or if the service life of 

that axle cannot be determined: Prior to 

further flight, do an ultrasonic inspection to 

detect cracking of the axle, in accordance 

with the alert service bulletin, and replace 

the axle with a serviceable axle before the 

accumulation of 1,050 total landings, in 

accordance with the alert service bulletin. 

Such replacement ends the repetitive 

inspections for that axle only. 

(i) If no cracking is detected during the 

inspection required by paragraph (c)(1) of 

this AD, repeat the inspection at intervals not 

to exceed 150 landings, and replace with a 

serviceable axle before the accumulation of 

1,050 total landings, in accordance with the 

alert service bulletin. 

(ii) If any cracking is detected during the 

inspection required by paragraph (c)(1) of 

this AD, prior to further flight, replace the 

axle with a serviceable axle in accordance 

with the alert service bulletin. 

(2) If the service life of the axle is known, 

and the axle has not been reworked outside 

the specified dimensions, no further action is 

required by this AD for that axle only. 

Actions Done per Previous Issues of Service 

Bulletin 

(d) Inspections and replacements done 

before the effective date of this AD in 

accordance with Canadair Alert Service 

Bulletin 215–A462, dated June 2, 1993; or 

Bombardier Alert Service Bulletin 215–A462, 

Revision 1, dated August 26, 1996; or 

Revision 2, dated March 3, 1999; are 

considered acceptable for compliance with 

the applicable actions specified in this AD. 

Alternative Methods of Compliance 

(e) In accordance with 14 CFR 39.19, the 

Manager, New York Aircraft Certification 

Office, FAA, is authorized to approve 

alternative methods of compliance for this 

AD. 

Incorporation by Reference 

(f) The actions shall be done in accordance 

with Canadair Alert Service Bulletin 215–

A462, dated June 2, 1993; and Bombardier 

Alert Service Bulletin 215–A462, Revision 3, 

dated January 17, 2000; as applicable. 

(1) The incorporation by reference of 

Bombardier Alert Service Bulletin 215–A462, 

Revision 3, dated January 17, 2000; is 

approved by the Director of the Federal 

Register in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. 

(2) The incorporation by reference of 

Canadair Alert Service Bulletin 215–A462, 

dated June 2, 1993; was approved previously 

by the Director of the Federal Register as of 

November 8, 1995 (60 FR 54421, October 24, 

1995). 

(3) Copies may be obtained from 

Bombardier, Inc., Canadair, Aerospace 

Group, P.O. Box 6087, Station Centre-ville, 

Montreal, Quebec H3C 3G9, Canada. Copies 

may be inspected at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue, 

SW., Renton, Washington; or at the FAA, 

New York Aircraft Certification Office, 1600 

Stewart Avenue, Westbury, New York; or at 

the Office of the Federal Register, 800 North 

Capitol Street, NW., suite 700, Washington, 

DC.

Note 1: The subject of this AD is addressed 

in Canadian airworthiness directive CF–

1993–08R3, dated March 30, 2000.

Effective Date 

(g) This amendment becomes effective on 

March 17, 2004.

Issued in Renton, Washington, on January 

29, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2577 Filed 2–10–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–116–AD; Amendment 

39–13462; AD 2004–03–18] 

RIN 2120–AA64 

Airworthiness Directives; Aerospatiale 

Model ATR42 and ATR72 Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Aerospatiale Model 

ATR42 and ATR72 series airplanes, that 

requires 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: Effective March 17, 2004. 

The incorporation by reference of 

certain publications listed in the 

6540 Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / Rules and Regulations 

regulations is approved by the Director 

of the Federal Register as of March 17, 

2004.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Aerospatiale, 316 Route de 

Bayonne, 31060 Toulouse, Cedex 03, 

France. This information may be 

examined at the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, Rules Docket, 

1601 Lind Avenue, SW., Renton, 

Washington; or at the Office of the 

Federal Register, 800 North Capitol 

Street, NW., suite 700, Washington, DC.

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: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an airworthiness directive (AD) 

that is applicable to certain Aerospatiale 

Model ATR42 and ATR72 series 

airplanes was published in the Federal 

Register on December 17, 2003 (68 FR 

70208). That action proposed to require 

replacement of the swinging lever 

spacers in the left and right leg 

assemblies of the main landing gear 

with new, improved spacers. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. No 

comments were submitted in response 

to the proposal or the FAA’s 

determination of the cost to the public. 

Conclusion 

The FAA has determined that air 

safety and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

The FAA estimates that 133 airplanes 

of U.S. registry will be affected by this 

AD, that it will take about 16 work 

hours per airplane to accomplish the 

replacement, and that the average labor 

rate is $65 per work hour. Required 

parts will cost between $921 and $4,272 

per airplane. Based on these figures, the 

cost impact of the 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 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 adopted herein 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. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

For the reasons discussed above, I 

certify that this action (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979); and (3) 

will not have a significant economic 

impact, positive or negative, on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. A final evaluation has 

been prepared for this action and it is 

contained in the Rules Docket. A copy 

of it may be obtained from the Rules 

Docket at the location provided under 

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety.

Adoption of the Amendment

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends 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.

§ 39.13 [Amended]

■ 2. Section 39.13 is amended by adding 

the following new airworthiness 

directive:

2004–03–18 Aerospatiale: Amendment 39–

13462. 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 Bulletin ATR42–

32–0094 or ATR72–32–1042, both dated 

November 26, 2001, as applicable. Do the 

replacement at the applicable time specified 

in paragraph (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 Bulletin 631–

32–166, dated November 28, 2001 (for Model 

ATR42 series airplanes); or 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. 

Incorporation by Reference 

(d) Unless otherwise specified in this AD, 

the actions shall be done in accordance with 

Avions de Transport Regional Service 

Bulletin ATR42–32–0094, dated November 

26, 2001; or Avions de Transport Regional 

Service Bulletin ATR72–32–1042, dated 

November 26, 2001; as applicable. This 

incorporation by reference was approved by 

the Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Copies may be obtained from 

Aerospatiale, 316 Route de Bayonne, 31060 

Toulouse, Cedex 03, France. Copies may be 

inspected at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington; or at the Office of the Federal 

Register, 800 North Capitol Street, NW., suite 

700, Washington, DC.

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.

Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / Rules and Regulations 6541

Effective Date 

(e) This amendment becomes effective on 

March 17, 2004.

Issued in Renton, Washington, on January 

30, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2574 Filed 2–10–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2001–NM–333–AD; Amendment 

39–13464; AD 2004–03–20] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F.28 Mark 1000, 2000, 3000, and 

4000 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Fokker Model F.28 

Mark 1000, 2000, 3000, and 4000 series 

airplanes, that requires repetitive 

general visual inspections, lubrication, 

and tests of the release mechanism for 

the service/emergency door; and 

corrective actions if necessary. This AD 

also provides an optional terminating 

action for the repetitive inspections and 

lubrication. This action is necessary to 

prevent failure of the release mechanism 

on the service/emergency door, which 

could result in the inability to open the 

service/emergency door during an 

emergency evacuation. This action is 

intended to address the identified 

unsafe condition.

DATES: Effective March 17, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of March 17, 

2004.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Fokker Services B.V., P.O. Box 

231, 2150 AE Nieuw-Vennep, the 

Netherlands. This information may be 

examined at the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, Rules Docket, 

1601 Lind Avenue, SW., Renton, 

Washington; or at the Office of the 

Federal Register, 800 North Capitol 

Street, NW., Suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1137; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an airworthiness directive (AD) 

that is applicable to certain Fokker 

Model F.28 Mark 1000, 2000, 3000, and 

4000 series airplanes was published in 

the Federal Register on December 5, 

2003 (68 FR 67981). That action 

proposed to require repetitive general 

visual inspections, lubrication, and tests 

of the release mechanism for the 

service/emergency door; and corrective 

actions if necessary. That action also 

proposed an optional terminating action 

for the repetitive inspections and 

lubrication. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. No 

comments were submitted in response 

to the proposal or the FAA’s 

determination of the cost to the public. 

Conclusion 

We have determined that air safety 

and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

We estimate that 6 airplanes of U.S. 

registry will be affected by this AD, that 

it will take approximately 15 work 

hours per airplane to accomplish the 

required actions, and that the average 

labor rate is $65 per work hour. Based 

on these figures, the cost impact of the 

AD on U.S. operators is estimated to be 

$5,850, or $975 per airplane, per 

inspection cycle. 

The cost impact figure discussed 

above is based on assumptions that no 

operator has yet accomplished any of 

the 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 adopted herein 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. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

For the reasons discussed above, I 

certify that this action (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979); and (3) 

will not have a significant economic 

impact, positive or negative, on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. A final evaluation has 

been prepared for this action and it is 

contained in the Rules Docket. A copy 

of it may be obtained from the Rules 

Docket at the location provided under 

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety.

Adoption of the Amendment

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends 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.

§ 39.13 [Amended]

■ 2. Section 39.13 is amended by adding 

the following new airworthiness 

directive:

2004–03–20 Fokker Services B.V:

Amendment 39–13464. Docket 2001–

NM–333–AD.

Applicability: Model F.28 Mark 1000, 

2000, 3000, and 4000 series airplanes; as 

listed in the effectivity of Fokker Service 

Bulletin F28/52–118, dated June 25, 2001; 

certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent failure of the release 

mechanism on the service/emergency door, 

which could result in the inability to open 

the service/emergency door during an 

emergency evacuation, accomplish the 

following: 

Inspection, Lubrication, Testing, and 

Corrective Actions 

(a) Within 12 months after the effective 

date of this AD: Do a general visual 

inspection (including measurement of the 

torque for the actuating mechanism torsion 

spring), lubricate, and test to verify proper