Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5081

Alternative Methods of Compliance 

(AMOCs) 

(j) The Manager, New York Aircraft 

Certification Office, 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) Canadian airworthiness directive CF–

2003–25, dated October 10, 2003, also 

addresses the subject of this AD.

Issued in Renton, Washington, on January 

21, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 05–1808 Filed 1–31–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20220; Directorate 

Identifier 2004–NM–152–AD] 

RIN 2120–AA64 

Airworthiness Directives; Aerospatiale 

Model ATR42–200, –300, and –320 

Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT).

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Aerospatiale Model ATR42–200, 

–300, and –320 series airplanes. This 

proposed AD would require doing 

repetitive inspections of the upper arms 

of the MLG side braces for missing or 

inadequately bonded identification 

plates; replacing the upper arm if 

necessary; and replacing the side brace 

assembly with a modified part. This 

proposed AD is prompted by an 

operator who reported experiencing an 

unlock warning for the MLG on the right 

side of the airplane. We are proposing 

this AD to prevent cracking of the upper 

arms of the side braces of the MLG, 

which could result in failure of the MLG 

during landing and possible damage to 

the airplane and injury to the flightcrew 

and passengers.

DATES: We must receive comments on 

this proposed AD by March 3, 2005.

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 MessierDowty, BP 10, 78142 Velizy Cedex, 

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–2005–

20220; the directorate identifier for this 

docket is 2004–NM–152–AD.

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: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2005–20220; Directorate Identifier 

2004–NM–152–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 

Web site, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You 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.

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 located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

The Direction Ge ́ne ́rale de l’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, 

notified us that an unsafe condition may 

exist on certain Aerospatiale Model 

ATR42–200, –300, and –320 series 

airplanes. The DGAC advises that an 

operator reported experiencing, during 

taxiing, an unlock warning for the MLG 

on the right side of the airplane. 

Investigation found that the upper side 

brace of the right MLG was cracked due 

to accidental damage caused by the 

location of certain identification plates 

and possible corrosion introduced 

during production. Cracking of the 

upper arms of the side braces of the 

MLG, if not corrected, could result in 

failure of the MLG during landing and 

possible damage to the airplane and 

injury to the flightcrew and passengers. 

Relevant Service Information 

Messier-Dowty has issued Special 

Inspection Service Bulletin 631–32–175, 

dated January 7, 2004; and Service 

Bulletin 631–32–176, Revision 1, dated 

June 2, 2004. Special Inspection Service 

Bulletin 631–32–175 describes 

procedures for doing repetitive general 

visual inspections of the upper arms of 

the MLG side braces for missing or 

inadequately bonded identification 

plates having P/Ns D61565–1, D61566–

1, D61567–1, and D61568–1; and 

replacing any upper arm having a 

missing or inadequately-bonded 

identification plate with a serviceable 

upper arm having the same part 

number. Service Bulletin 631–32–176 

describes procedures for removing the 

side brace assembly and replacing it 

with a modified part. Modification of 

the side brace assembly includes the 

following actions: 

5082 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 

• Removing and discarding 

identification plates with P/Ns D61565–

1, D61566–1, D61567–1, and D61568–1; 

• Inspecting and restoring the side 

brace assembly; 

• Installing identification plates, with 

P/Ns D61565–1, D61566–1, D61567–1, 

and D61568–1, in a new location; and 

• Reidentifying the modified side 

brace assembly. 

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 F–2004–006, 

dated January 7, 2004, 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 § 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 the FAA informed 

of the situation described above. We 

have examined the DGAC findings, 

evaluated all pertinent information, and 

determined that we need to issue an AD 

for products of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are proposing this AD, 

which would require accomplishing the 

actions specified in the service 

information described previously, 

except as discussed under ‘‘Difference 

Between the Proposed AD and French 

Airworthiness Directive.’’

Difference Between the Proposed AD 

and French Airworthiness Directive 

Operators should note that, although 

the French airworthiness directive 

recommends accomplishing the 

replacement of the side brace assemblies 

at the next overhaul, we have 

determined that a specific compliance 

time is needed to ensure that the 

identified unsafe condition is addressed 

in a timely manner. In developing an 

appropriate compliance time for this 

proposed AD, we considered not only 

the manufacturer’s recommendation, 

but also the degree of urgency 

associated with addressing the subject 

unsafe condition, and the average 

utilization of the affected fleet. 

Considering these factors, this proposed 

AD requires replacement before the 

accumulation of 15,000 total flight 

cycles on a side brace assembly or 96 

months on a side brace assembly since 

new, whichever occurs first. We find 

that this compliance time is warranted, 

in that it represents an appropriate 

interval of time allowable for affected 

airplanes to continue to operate without 

compromising safety. 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this proposed AD.

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost perairplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection, per inspection cycle.1 $65 None ............................ $65 7 $455, per inspection 

cycle. 

Replacement of side 

brace assemblies.

2 65 0 ................................... 130 7 $910. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

This rulemaking is promulgated 

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 

proposed AD.

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–2005–20220; 

Directorate Identifier 2004–NM–152–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

March 3, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Aerospatiale Model 

ATR42–200, –300, and –320 series airplanes 

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5083

with main landing gear (MLG) side brace 

assemblies, part number (P/N) D22710000–7, 

equipped with upper arms having P/N 

D56778–10, serial numbers MN 566 through 

MN 581 inclusive; certificated in any 

category. 

Unsafe Condition 

(d) This AD was prompted by an operator 

who reported experiencing an unlock 

warning for the MLG on the right side of the 

airplane. We are issuing this AD to prevent 

cracking of the upper arms of the side braces 

of the MLG, which could result in failure of 

the MLG during landing and possible damage 

to the airplane and injury to the flightcrew 

and passengers. 

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 the repetitive inspections and 

replacements specified in paragraphs (g) and 

(h) of this AD, respectively: Messier-Dowty 

Special Inspection Service Bulletin 631–32–

175, dated January 7, 2004; and 

(2) For the replacements specified in 

paragraph (i) of this AD: Messier-Dowty 

Service Bulletin 631–32–176, Revision 1, 

dated June 2, 2004. 

Repetitive Inspections of Identification 

Plates 

(g) Within 2 months or 500 flight hours 

after the effective date of this AD, whichever 

occurs first: Do a general visual inspection of 

the upper arms of the MLG side braces for 

missing or inadequately bonded 

identification plates having P/Ns D61565–1, 

D61566–1, D61567–1, and D61568–1, in 

accordance with the service bulletin. 

Thereafter at intervals not to exceed 2 

months or 500 flight hours, whichever occurs 

first: Repeat the inspection of the upper arm 

of the MLG side brace for any side brace 

assembly that has not been replaced as 

required by paragraph (i) of this AD.

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

Replacement of Upper Arms, If Necessary 

(h) If any identification plate, P/N D61565–

1, D61566–1, D61567–1, or D61568–1, is 

found missing or inadequately bonded 

during any inspection required by paragraph 

(g) of this AD: Within 25 flight hours since 

the most recent inspection, replace any upper 

arm having a missing or inadequately bonded 

identification plate with a serviceable upper 

arm having the same part number, in 

accordance with the service bulletin. 

Replacement With Modified Side Brace 

Assemblies 

(i) Before the accumulation of 15,000 total 

flight cycles on a side brace assembly or 96 

months on a side brace assembly since new, 

whichever occurs first: Remove the side 

brace assembly and replace it with a part 

modified by doing all of the actions in the 

service bulletin. Replacement of a side brace 

assembly with a modified part terminates the 

repetitive inspections required by paragraph 

(g) of this AD for that modified side brace 

assembly only. If both side brace assemblies 

of the MLG are replaced with modified parts, 

no more work is required by paragraph (g) of 

this AD. 

Credit for Previous Service Bulletin 

(j) Replacements done before the effective 

date of this AD in accordance with MessierDowty Service Bulletin 631–32–176, dated 

February 26, 2004, is acceptable for 

compliance with the corresponding 

requirements of paragraph (i) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k) 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 

(l) French airworthiness directive F–2004–

006, dated January 7, 2004, also addresses the 

subject of this AD.

Issued in Renton, Washington, on January 

21, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 05–1809 Filed 1–31–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP San Juan 05–002] 

RIN 1625–AA87 

Moving and Fixed Security Zone: Port 

of Fredericksted, Saint Croix, U.S. 

Virgin Islands

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

establish a moving and fixed security 

zone around cruise ships entering, 

departing, mooring or anchoring at the 

Port of Fredericksted in Saint Croix, 

U.S. Virgin Islands. These proposed 

regulations are designed to protect 

cruise ships at this port. All vessels, 

with the exception of cruise ships, 

would be prohibited from entering a 

moving and fixed security zone around 

each cruise ship without the express 

permission of the Captain of the Port 

San Juan or designated representative.

DATES: Comments and related material 

must reach the Coast Guard on or before 

March 3, 2005.

ADDRESSES: You may mail comments 

and related material to Coast Guard 

Sector San Juan, Prevention Command 

Office, San Juan, #5 La Puntilla Final, 

Old San Juan, PR 00901–1800. 

Prevention Command Office maintains 

the public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at Prevention 

Command Office, San Juan, #5 La 

Puntilla Final, Old San Juan, PR 00901–

1800, between 7 a.m. and 3:30 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Katiuska 

Pabon, Prevention Command San Juan 

at (787) 289–0739.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking, COTP San Juan 05–

002, indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Sector San 

Juan, Prevention Command Office, at 

the address under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time