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17370 Federal Register / Vol. 70, No.

65 / Wednesday, April 6, 2005 / Proposed Rules

responsibilities among the various nine months after the effective date of this DATES: We must receive comments on
levels of government. AD, unless the actions have already been this proposed AD by May 6, 2005.
For the reasons discussed above, I done.
ADDRESSES: Use one of the following
certify that the proposed regulation: Addition of Water Drain Holes (Turbomeca addresses to submit comments on this
1. Is not a ‘‘significant regulatory Modification TU 171A) proposed AD.
action’’ under Executive Order 12866; (f) Within nine months from the effective • DOT Docket Web site: Go to http:/
2. Is not a ‘‘significant rule’’ under the date of this AD, drill an additional water /dms.dot.gov and follow the instructions
DOT Regulatory Policies and Procedures drain hole in each engine air intake assembly for sending your comments
(44 FR 11034, February 26, 1979); and half-cover, using paragraphs 2.B.(1) through electronically.
3. Would not have a significant 2.B.(5) of Turbomeca Artouste III Service • Government-wide rulemaking Web
economic impact, positive or negative, Bulletin (SB) No. 218 72 0104, dated
site: Go to http://www.regulations.gov
on a substantial number of small entities December 24, 2003.
and follow the instructions for sending
under the criteria of the Regulatory Alternative Methods of Compliance your comments electronically.
Flexibility Act. • Mail: Docket Management Facility,
We prepared a summary of the costs (g) The Manager, Engine Certification
Office, has the authority to approve U.S. Department of Transportation, 400
to comply with this proposal and placed alternative methods of compliance for this Seventh Street, SW., Nassif Building,
it in the AD Docket. You may get a copy AD if requested using the procedures found room PL–401, Washington, DC 20590.
of this summary at the address listed in 14 CFR 39.19. • By fax: (202) 493–2251.
under ADDRESSES. • Hand Delivery: Room PL–401 on
Related Information
List of Subjects in 14 CFR Part 39 (h) DGAC airworthiness directive F–2003– the plaza level of the Nassif
Air transportation, Aircraft, Aviation 455, dated December 24, 2003, also addresses Building, 400 Seventh Street, SW.,
safety, Safety. the subject of this AD. Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Issued in Burlington, Massachusetts, on
The Proposed Amendment Federal holidays.
March 30, 2005.
Under the authority delegated to me For service information identified in
Diane Cook,
by the Administrator, the Federal this proposed AD, contact AvCraft
Acting Manager, Engine and Propeller Aerospace GmbH, P.O. Box 1103, D–
Aviation Administration proposes to Directorate, Aircraft Certification Service.
amend 14 CFR part 39 as follows: 82230 Wessling, Germany.
[FR Doc. 05–6774 Filed 4–5–05; 8:45 am] You can examine the contents of this
BILLING CODE 4910–13–P AD docket on the Internet at http://
PART 39—AIRWORTHINESS
DIRECTIVES dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department
1. The authority citation for part 39 DEPARTMENT OF TRANSPORTATION of Transportation, 400 Seventh Street,
continues to read as follows: SW., room PL–401, on the plaza level of
Federal Aviation Administration
Authority: 49 U.S.C. 106(g), 40113, 44701. the Nassif Building, Washington, DC.
§ 39.13 [Amended] 14 CFR Part 39 This docket number is FAA–2005–
20869; the directorate identifier for this
2. The FAA amends § 39.13 by adding docket is 2004–NM–09–AD.
the following new airworthiness [Docket No. FAA–2005–20869; Directorate
Identifier 2004–NM–09–AD] FOR FURTHER INFORMATION CONTACT: Dan
directive:
Rodina, Aerospace Engineer,
Turbomeca: Docket No. FAA–2005–20849; RIN 2120–AA64 International Branch, ANM–116, FAA,
Directorate Identifier 2005–NE–04–AD.
Transport Airplane Directorate, 1601
Airworthiness Directives; Dornier
Comments Due Date Lind Avenue, SW., Renton, Washington
Model 328–100 and –300 Series
(a) The Federal Aviation Administration 98055–4056; telephone (425) 227–2125;
Airplanes
(FAA) must receive comments on this fax (425) 227–1149.
airworthiness directive (AD) action by June 6, AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION:
2005. Administration (FAA), Department of
Transportation (DOT). Comments Invited
Affected ADs
(b) None. ACTION: Notice of proposed rulemaking We invite you to submit any relevant
(NPRM). written data, views, or arguments
Applicability regarding this proposed AD. Send your
(c) This AD applies to Turbomeca Artouste SUMMARY: The FAA proposes to adopt a comments to an address listed under
III B, B1, and D turboshaft engines. These new airworthiness directive (AD) for ADDRESSES. Include ‘‘Docket No. FAA–
engines are installed on, but not limited to, certain Dornier Model 328–100 and -300 2005–20869; Directorate Identifier 2004-
Aerospatiale (Eurocopter—France) SA–315B series airplanes. This proposed AD NM–09-AD’’ at the beginning of your
LAMA, and Alouette III SA3160, SA–316B, would require operators to install comments. We specifically invite
and SA–316C helicopters.
colored identification strips on the comments on the overall regulatory,
Unsafe Condition pulley brackets, fairlead bracket economic, environmental, and energy
(d) This AD results from a report of an in- assemblies, operational assemblies, and aspects of the proposed AD. We will
flight shutdown and subsequent loss of flight control cables. This proposed AD consider all comments submitted by the
control of the helicopter, due to ice ingestion is prompted by a report that the flight closing date and may amend the
into the engine. We are issuing this AD to control systems do not have elements proposed AD in light of those
prevent ice ingestion into the engine, which that are distinctively identified. We are comments.
could lead to an in-flight shutdown and proposing this AD to prevent the We will post all comments we
subsequent loss of control of the helicopter.
incorrect re-assembly of the flight receive, without change, to http://
Compliance control system during maintenance, dms.dot.gov, including any personal
(e) You are responsible for having the which could result in reduced information you provide. We will also
actions required by this AD performed within controllability of the airplane. post a report summarizing each

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Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Proposed Rules 17371

substantive verbal contact with FAA Germany, notified us that an unsafe Bulletin SB–328–27–436, Revision 1,
personnel concerning this proposed AD. condition may exist on certain Dornier dated April 15, 2003, for Dornier Model
Using the search function of our docket Model 328–100 and -300 series 328–100 series airplanes.
website, anyone can find and read the airplanes. The LBA advises that the These service bulletins describe
comments in any of our dockets, flight control systems on these airplane procedures for installing colored
including the name of the individual models do not have elements that are identification strips on the pulley
who sent the comment (or signed the distinctively identified. Therefore, we
comment on behalf of an association, brackets, fairlead bracket assemblies,
have determined that these systems do
business, labor union, etc.). You can operational assemblies, and flight
not currently comply with Federal
review the DOT’s complete Privacy Act control cables. Accomplishing the
Aviation Regulation (FAR) 25.671 (b).
Statement in the Federal Register FAR 25.671 (b) specifies that ‘‘each actions specified in the service
published on April 11, 2000 (65 FR element of each flight control system information is intended to adequately
19477–78), or you can visit http:// must be designed, or distinctively and address the unsafe condition.
dms.dot.gov. permanently marked, to minimize the The LBA mandated the service
Examining the Docket probability of incorrect assembly that information and issued German
could result in the malfunctioning of the airworthiness directives 2003–376 and
You can examine the AD docket on system.’’ Service experience with other 2003–377, both dated November 11,
the Internet at http://dms.dot.gov, or in airplane models has shown that if the
person at the Docket Management 2003, to ensure the continued
elements of the flight control system are airworthiness of these airplanes in
Facility office between 9 a.m. and 5 not distinctively and permanently
p.m., Monday through Friday, except Germany.
marked, they could be re-assembled
Federal holidays. The Docket incorrectly during maintenance. Concurrent Requirements
Management Facility office (telephone Incorrect re-assembly of the flight
(800) 647–5227) is located on the plaza The actions in the service bulletins in
control system during maintenance
level of the Nassif Building at the DOT the following table must be
could result in reduced controllability
street address stated in the ADDRESSES accomplished before, or concurrently
of the airplane.
section. Comments will be available in with, the actions in the Dornier Service
the AD docket shortly after the DMS Relevant Service Information Bulletin SB–328J–27–176, and Dornier
receives them. Service Bulletin SB–328–27–436.
Dornier has issued Service Bulletin
Discussion SB–328J–27–176, Revision 1, dated
The Luftfahrt-Bundesamt (LBA), April 15, 2003, for Dornier Model 328–
which is the airworthiness authority for 300 series airplanes; and Service

CONCURRENT REQUIREMENTS
Dornier service bulletin Concurrent Dornier service bulletins Action

SB–328J–27–176, for Dornier Model 328–300 SB–328J–27–035, dated April 25, 2000 ............. Relocate the auto-pilot rudder servo.
series airplanes.
SB–328J–27–036, dated April 25, 2000 ............. Relocate the auto-pilot elevator servo.
SB–328J–27–037, dated April 25, 2000 ............. Relocate the auto-pilot aileron servo.
SB–328–27–436, for Dornier Model 328–100 se- SB–328–27–290, Revision 1, dated December Relocate the auto-pilot rudder servo.
ries airplanes. 8, 2000.
SB–328–27–291, Revision 1, dated December Relocate the auto-pilot aileron servo.
8, 2000.
SB–328–27–292, Revision 1, dated December Relocate the auto-pilot elevator servo.
8, 2000.

FAA’s Determination and Requirements Therefore, we are proposing this AD, control cable is replaced, although we
of the Proposed AD which would require accomplishing the recommend that operators do so if the
actions specified in the service bulletins replacement comes before the 24-month
These airplane models are described previously, except as compliance time of this proposed AD.
manufactured in Germany and are type discussed under ‘‘Difference Between
certificated for operation in the United Clarification of Compliance Time
the Proposed AD and the German
States under the provisions of section Airworthiness Directives.’’ The German airworthiness directives
21.29 of the Federal Aviation mandate, and the Dornier service
Difference Between the Proposed AD
Regulations (14 CFR 21.29) and the bulletins recommend, compliance at the
and the German Airworthiness
applicable bilateral airworthiness next scheduled ‘‘C-check or equivalent.’’
Directives
agreement. Pursuant to this bilateral Because ‘‘C-check’’ schedules vary
airworthiness agreement, the LBA has The German airworthiness directives among operators, this proposed AD
kept the FAA informed of the situation recommend that operators install the would require compliance within 24
described above. We have examined the colored identification strips when the months after the effective date of this
LBA’s findings, evaluated all pertinent flight control cable is replaced, if that AD. We find that 24 months correspond
information, and determined that we replacement comes before the next to normal scheduled maintenance for
need to issue an AD for products of this scheduled ‘‘C-Check or its equivalent.’’ most affected operators and that this
type design that are certificated for This proposed AD does not require compliance time is appropriate for the
operation in the United States. operators to install the colored affected airplanes to continue to operate
identification strips when the flight without compromising safety.

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17372 Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Proposed Rules

Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this proposed AD.

ESTIMATED COSTS
Number
Average
Work Cost per of U.S.-
Action labor rate Parts Fleet cost
hours airplane registered
per hour airplanes

Installation ................................................................................ 16 $65 $291 $1,331 112 $149,072

The following table provides the the concurrent requirements described


estimated costs for airplanes subject to previously.

ESTIMATED COSTS—CONCURRENT REQUIREMENTS


Average
Work Cost per
Concurrent service bulletin labor rate Parts
hours airplane
per hour

SB–328–27–290 .............................................................................................................. 5 $65 (1) $325


SB–328–27–291 .............................................................................................................. 5 65 (1) 325
SB–328–27–292 .............................................................................................................. 5 65 (1) 325
SB–328J–27–035 ............................................................................................................ 5 65 $462 787
SB–328J–036 .................................................................................................................. 5 65 578 903
SB–328J–037 .................................................................................................................. 5 65 (1) 325
1 Operator supplied.

Authority for This Rulemaking For the reasons discussed above, I § 39.13 [Amended]
certify that the proposed regulation: 2. The FAA amends § 39.13 by adding
Title 49 of the United States Code
specifies the FAA’s authority to issue 1. Is not a ‘‘significant regulatory the following new airworthiness
rules on aviation safety. Subtitle I, action’’ under Executive Order 12866; directive (AD):
Section 106, describes the authority of 2. Is not a ‘‘significant rule’’ under the Fairchild Dornier GmbH (Formerly Dornier
the FAA Administrator. Subtitle VII, DOT Regulatory Policies and Procedures Luftfahrt GmbH): Docket No. FAA–
Aviation Programs, describes in more (44 FR 11034, February 26, 1979); and 2005–20869; Directorate Identifier 2004–
detail the scope of the Agency’s NM–09–AD.
3. Will not have a significant
authority. Comments Due Date
economic impact, positive or negative,
We are issuing this rulemaking under on a substantial number of small entities (a) The Federal Aviation Administration
the authority described in Subtitle VII, under the criteria of the Regulatory must receive comments on this AD action by
Part A, Subpart III, Section 44701, May 6, 2005.
Flexibility Act.
‘‘General requirements.’’ Under that
We prepared a regulatory evaluation Affected ADs
section, Congress charges the FAA with
promoting safe flight of civil aircraft in of the estimated costs to comply with (b) None.
air commerce by prescribing regulations this proposed AD. See the ADDRESSES Applicability
for practices, methods, and procedures section for a location to examine the (c) This AD applies to Dornier Model 328–
the Administrator finds necessary for regulatory evaluation. 100 and –300 series airplanes, certificated in
safety in air commerce. This regulation any category; as identified in Dornier Service
List of Subjects in 14 CFR Part 39
is within the scope of that authority Bulletin SB–328J–27–176, Revision 1, dated
because it addresses an unsafe condition Air transportation, Aircraft, Aviation April 15, 2003; and Dornier Service Bulletin
that is likely to exist or develop on SB–328–27–436, Revision 1, dated April 15,
safety, Safety.
products identified in this rulemaking 2003; as applicable.
action. The Proposed Amendment Unsafe Condition
Regulatory Findings Accordingly, under the authority (d) This AD was prompted by a report that
delegated to me by the Administrator, the flight control systems do not have
We have determined that this elements that are distinctively identified. We
the FAA proposes to amend 14 CFR part
proposed AD would not have federalism are issuing this AD to prevent the incorrect
implications under Executive Order 39 as follows: re-assembly of the flight control system
13132. This proposed AD would not during maintenance, which could result in
PART 39—AIRWORTHINESS reduced controllability of the airplane.
have a substantial direct effect on the
DIRECTIVES
States, on the relationship between the Compliance
national Government and the States, or 1. The authority citation for part 39 (e) You are responsible for having the
on the distribution of power and actions required by this AD performed within
continues to read as follows:
responsibilities among the various the compliance times specified, unless the
levels of government. Authority: 49 U.S.C. 106(g), 40113, 44701. actions have already been done.

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Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Proposed Rules 17373

Installation Accomplishment Instructions of Dornier Prior or Concurrent Requirements


(f) Within 24 months after the effective Service Bulletin SB–328J–27–176, Revision (g) Prior to or concurrently with the
date of this AD, install colored identification 1, dated April 15, 2003; or Dornier Service accomplishment of the actions in paragraph
strips on the pulley brackets, fairlead bracket Bulletin SB–328–27–436, Revision 1, dated (f) of this AD, accomplish the actions in the
assemblies, operational assemblies, and flight April 15, 2003; as applicable. applicable service bulletins listed in Table 1
control cables, in accordance with the of this AD.

TABLE 1.—PRIOR OR CONCURRENT REQUIREMENTS


Dornier
Model service Revision Date Action
bulletin

328–100 .................................. SB–328–27– 1 ............................................. December 8, 2000 ................. Relocate the auto-pilot rudder
290 servo.
SB–328–27– 1 ............................................. December 8, 2000 ................. Relocate the auto-pilot aile-
291 ron servo.
SB–328–27– 1 ............................................. December 8, 2000 ................. Relocate the auto- pilot ele-
292 vator servo.

328–300 .................................. SB–328J–27– Original .................................. April 25, 2000 ........................ Relocate the auto-pilot rudder
035 servo.
SB–328J–27– Original .................................. April 25, 2000 ........................ Relocate the auto-pilot eleva-
036 tor servo.
SB–328J–27– Original .................................. April 25, 2000 ........................ Relocate the auto-pilot aile-
037 ron servo.

Alternative Methods of Compliance BAE Systems (Operations) Limited Aerospace Regional Aircraft American
(AMOCs) (Jetstream) Model 4101 airplanes. This Support, 13850 Mclearen Road,
(h) The Manager, International Branch, proposed AD would require the Herndon, Virginia 20171.
ANM–116, Transport Airplane Directorate, overhaul of certain auxiliary You can examine the contents of this
FAA, has the authority to approve AMOCs components installed on the main AD docket on the Internet at http://
for this AD, if requested in accordance with landing gear (MLG) and nose landing dms.dot.gov, or in person at the Docket
the procedures found in 14 CFR 39.19.
gear (NLG). This proposed AD is Management Facility, U.S. Department
Related Information prompted by manufacturer of Transportation, 400 Seventh Street,
(i) German airworthiness directive 2003– determination that overhaul limits need SW., room PL–401, on the plaza level of
376, dated November 11, 2003; and German to be imposed for certain auxiliary the Nassif Building, Washington, DC.
airworthiness directive 2003–377, dated components of the MLG and NLG. This docket number is FAA–2005–
November 11, 2003; also address the subject Components that exceed the established 20865; the directorate identifier for this
of this AD.
overhaul limits could fail due to fatigue, docket is 2003–NM–103–AD.
Issued in Renton, Washington, on March wear, and age. We are proposing this AD FOR FURTHER INFORMATION CONTACT:
24, 2005. to prevent failure of the MLG or NLG, Todd Thompson, Aerospace Engineer,
Ali Bahrami, and consequent damage to the airplane International Branch, ANM–116, FAA,
Manager, Transport Airplane Directorate, and injury to flightcrew and passengers. Transport Airplane Directorate, 1601
Aircraft Certification Service. DATES: We must receive comments on Lind Avenue, SW., Renton, Washington
[FR Doc. 05–6773 Filed 4–5–05; 8:45 am] this proposed AD by May 6, 2005. 98055–4056; telephone (425) 227–1175;
BILLING CODE 4910–13–P fax (425) 227–1149.
ADDRESSES: Use one of the following
addresses to submit comments on this SUPPLEMENTARY INFORMATION:
DEPARTMENT OF TRANSPORTATION proposed AD.
• DOT Docket Web site: Go to Comments Invited
Federal Aviation Administration http://dms.dot.gov and follow the We invite you to submit any relevant
instructions for sending your comments written data, views, or arguments
14 CFR Part 39 electronically. regarding this proposed AD. Send your
• Government-wide rulemaking Web comments to an address listed under
[Docket No. FAA–2005–20865; Directorate site: Go to http://www.regulations.gov ADDRESSES. Include ‘‘Docket No. FAA–
Identifier 2003–NM–103–AD]
and follow the instructions for sending 2005–20865; Directorate Identifier
RIN 2120–AA64 your comments electronically. 2003–NM–103–AD’’ at the beginning of
• Mail: Docket Management Facility, your comments. We specifically invite
Airworthiness Directives; BAE U.S. Department of Transportation, 400 comments on the overall regulatory,
Systems (Operations) Limited Seventh Street, SW., Nassif Building, economic, environmental, and energy
(Jetstream) Model 4101 Airplanes room PL–401, Washington, DC 20590. aspects of the proposed AD. We will
AGENCY: Federal Aviation • By fax: (202) 493–2251. consider all comments submitted by the
Administration (FAA), Department of • Hand Delivery: Room PL–401 on closing date and may amend the
Transportation (DOT). the plaza level of the Nassif Building, proposed AD in light of those
ACTION: Notice of proposed rulemaking 400 Seventh Street, SW., Washington, comments.
(NPRM). DC, between 9 a.m. and 5 p.m., Monday We will post all comments we
through Friday, except Federal holidays. receive, without change, to http://
SUMMARY: The FAA proposes to adopt a For service information identified in dms.dot.gov, including any personal
new airworthiness directive (AD) for all this proposed AD, contact British information you provide. We will also

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