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70718 Federal Register / Vol. 70, No.

225 / Wednesday, November 23, 2005 / Rules and Regulations

• If the WHEEL N/W STRG FAULT ECAM turned, within 100 flight cycles accomplish Final rule; request for
ACTION:
caution appears, without the L/G SHOCK corrective actions (which could include comments.
ABSORBER FAULT ECAM caution: replacement or continuing inspections) in
—No specific crew action is requested by the accordance with a method approved by the SUMMARY: This amendment adopts a
WHEEL N/W STRG FAULT ECAM caution Manager, International Branch, ANM–116, new airworthiness directive (AD) for
procedure. Transport Airplane Directorate, FAA. Boeing Vertol (Boeing) Model 107–II
—Refer to the ECAM STATUS. helicopters. This action requires a visual
Alternative Methods of Compliance
Note 1: When a statement identical to that (AMOCs) and magnetic particle inspection of the
in paragraph (h) of this AD has been included quill shaft. This amendment is
in the general revisions of the AFM, the (k)(1) The Manager, International Branch,
general revisions may be inserted into the ANM–116, Transport Airplane Directorate, prompted by the discovery of cracks in
AFM, and the copy of this AD may be FAA, has the authority to approve AMOCs a quill shaft during a routine inspection.
removed from the AFM. for this AD, if requested in accordance with The actions specified in this AD are
the procedures found in 14 CFR 39.19. intended to detect a fatigue crack in a
(i) For airplanes that are not specified in (2) Before using any AMOC approved in
paragraph (g) of this AD: At the times quill shaft and prevent separation of the
accordance with § 39.19 on any airplane to
specified in paragraphs (i)(1) and (i)(2) of this quill shaft between the aft transmission
which the AMOC applies, notify the
AD, perform a boroscope inspection of the
appropriate principal inspector in the FAA and the mix box assembly, loss of rotor
NLG upper support (backplate) to detect synchronization, and subsequent loss of
Flight Standards Certificate Holding District
ruptured (completely broken) anti-rotation control of the helicopter.
Office.
lugs, in accordance with Airbus Technical
Note 957.1901/05, dated October 18, 2005; DATES: Effective December 8, 2005.
Related Information
and check the NLG strut inflation pressure Comments for inclusion in the Rules
(l) None. Docket must be received on or before
and adjust as applicable before further flight,
according to a method approved by either the Material Incorporated by Reference January 23, 2006.
Manager, International Branch, ANM–116, (m) You must use Airbus Technical Note ADDRESSES: Use one of the following
Transport Airplane Directorate, FAA; or the 957.1901/05, dated October 18, 2005, to addresses to submit comments on this
Direction Générale de l’Aviation Civile perform the actions that are required by this
(DGAC) (or its delegated agent). Chapter 12, AD:
AD, unless the AD specifies otherwise. (The • DOT Docket Web site: Go to
Subject 12–14–32 of the Airbus A318/A319/ document number of the Airbus technical
A320/A321 Aircraft Maintenance Manual http://dms.dot.gov and follow the
note is only specified on page 1 of the
(AMM), as revised by Airbus A318/A319/ document.) The Director of the Federal
instructions for sending your comments
A320/A321 AMM Temporary Revision (TR) Register approved the incorporation by electronically;
12–001, dated November 13, 2005, is one reference of this document in accordance • Government-wide rulemaking Web
approved method. with 5 U.S.C. 552(a) and 1 CFR part 51. site: Go to http://www.regulations.gov
(1) Within 100 flight cycles following an Contact Airbus, 1 Rond Point Maurice and follow the instructions for sending
electronic centralized aircraft monitoring
Bellonte, 31707 Blagnac Cedex, France, for a your comments electronically;
(ECAM) caution ‘‘L/G SHOCK ABSORBER
FAULT’’ associated with at least one of the
copy of this service information. You may • Mail: Docket Management Facility;
review copies at the Docket Management U.S. Department of Transportation, 400
centralized fault display system (CFDS)
Facility, U.S. Department of Transportation, Seventh Street, SW., Nassif Building,
messages listed in paragraphs (i)(1)(i),
400 Seventh Street SW., room PL–401, Nassif
(i)(1)(ii), and (i)(1)(iii) of this AD.
Building, Washington, DC; on the Internet at
Room PL–401, Washington, DC 20590;
(i) ‘‘N L/G EXT PROX SNSR 24GA TGT
http://dms.dot.gov; or at the National • Fax: (202) 493–2251; or
POS.’’ • Hand Delivery: Room PL–401 on
Archives and Records Administration
(ii) ‘‘N L/G EXT PROX SNSR 25GA TGT the plaza level of the Nassif Building,
(NARA). For information on the availability
POS.’’
(iii) ‘‘N L/G SHOCK ABSORBER FAULT of this material at the NARA, call (202) 741– 400 Seventh Street, SW., Washington,
2526GM.’’ 6030, or go to http://www.archives.gov/ DC, between 9 a.m. and 5 p.m., Monday
(2) Within 90 days after the effective date federal_register/code_of_federal_regulations/ through Friday, except Federal holidays.
of this AD unless accomplished previously in ibr_locations.html. You may get the service information
accordance with paragraph (i)(1) of this AD. Issued in Renton, Washington, on identified in this AD from The Boeing
(j) If any ruptured (completely broken) November 16, 2005. Company, c/o Service Engineering, MC
upper support anti-rotation lugs are found Kalene C. Yanamura, P01–10, P.O. Box 16858, Philadelphia,
during the inspections required by paragraph PA 19142–3227.
Acting Manager, Transport Airplane
(i) of this AD, before further flight, replace
Directorate, Aircraft Certification Service.
the NLG with a serviceable NLG according to Examining the Docket
a method approved by either the Manager, [FR Doc. 05–23154 Filed 11–22–05; 8:45 am]
International Branch, ANM–116, Transport BILLING CODE 4910–13–P
You may examine the docket that
Airplane Directorate, FAA; or the DGAC (or contains the AD, any comments, and
its delegated agent). Chapter 32 of the Airbus other information on the Internet at
A318/A319/A320/A321 AMM is one DEPARTMENT OF TRANSPORTATION http://dms.dot.gov, or in person at the
approved method. If any other damage to the Docket Management System (DMS)
upper support lugs is found, before further Federal Aviation Administration Docket Offices between 9 a.m. and 5
flight, check whether the NLG wheels can be p.m., Monday through Friday, except
turned by hand without the compression of
14 CFR Part 39 Federal holidays. The Docket Office
the shock absorber (i.e., without climbing the
centering cam with the aircraft NLG on jacks) (telephone (800) 647–5227) is located on
[Docket No. FAA–2005–23085; Directorate
and the nose wheel steering disconnected Identifier 2005–SW–25–AD; Amendment 39– the plaza level of the Department of
from the electrical box 5GC. If the wheels can 14385; AD 2005–24–05] Transportation Nassif Building at the
be turned, before further flight, replace the street address stated in the ADDRESSES
NLG with a serviceable NLG according to a RIN 2120–AA64 section. Comments will be available in
method approved by either the Manager, the AD docket shortly after the DMS
International Branch, ANM–116, Transport Airworthiness Directives; Boeing receives them.
Airplane Directorate, FAA; or the DGAC (or Vertol Model 107–II Helicopters
its delegated agent). Chapter 32 of the Airbus FOR FURTHER INFORMATION CONTACT:
A318/A319/A320/A321 AMM is one AGENCY:Federal Aviation George Duckett, Aviation Safety
approved method. If the wheels cannot be Administration, DOT. Engineer, FAA, New York Aircraft

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Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 70719

Certification Office, Airframe and being issued to detect a fatigue crack in to an address listed under ADDRESSES.
Propulsion Branch, 1600 Stewart Ave., a quill shaft and prevent separation of Include ‘‘Docket No. FAA–2005–23085;
suite 410, Westbury, New York 11590, the quill shaft between the aft Directorate Identifier 2005–SW–25–AD’’
telephone (516) 228–7325, fax (516) transmission and the mix box assembly, at the beginning of your comments. We
794–5531. loss of rotor synchronization, and specifically invite comments on the
SUPPLEMENTARY INFORMATION: This subsequent loss of control of the overall regulatory, economic,
amendment adopts a new AD for Boeing helicopter. This AD requires the environmental, and energy aspects of
Model 107–II helicopters. This action following for a helicopter with a quill the AD. We will consider all comments
requires a visual and magnetic particle shaft, P/N 107D2067, and a pinion gear, received by the closing date and may
inspection of the quill shaft. This P/N 107D2215, installed: amend the AD in light of those
amendment is prompted by the • Remove the aft transmission comments.
discovery of cracks in a quill shaft assembly, separate the mix box We will post all comments we
during a routine 700-hour TIS clutch assembly from the aft transmission, and receive, without change, to http://
replacement in which a magnetic remove the quill shaft from the pinion dms.dot.gov, including any personal
particle inspection of the quill shaft was gear assembly; information you provide. We will also
• Visually inspect the external spline post a report summarizing each
done. Investigation shows that cracking
of the quill shaft for a chipped or substantive verbal contact with FAA
on the ends of the spline teeth of the
cracked tooth around the pinhole; and personnel concerning this AD. Using the
quill shaft, around the pinhole, occurs • Magnetic particle inspect the quill
due to a wear step in the mating pinion search function of our docket web site,
shaft for a crack. you can find and read the comments to
gear splines. These cracked spline teeth • Replace any quill shaft that has a
can provide stress concentrations that any of our dockets, including the name
crack or a chipped or cracked tooth with of the individual who sent the
may lead to fatigue cracks. This an airworthy quill shaft before further
condition, if not corrected, could result comment. You may review the DOT’s
flight. complete Privacy Act Statement in the
in separation of the quill shaft between If the pinion gear has 700 or more hours
the aft transmission and the mix box Federal Register published on April 11,
TIS, comply within 50 hours TIS, unless 2000 (65 FR 19477–78), or you may visit
assembly, loss of rotor synchronization, accomplished within the previous 350
and subsequent loss of control of the http://dms.dot.gov.
hours TIS. If the pinion gear has less
helicopter. than 700 hours TIS, comply on or before Regulatory Findings
We have reviewed Boeing Service reaching 750 hours TIS.
Bulletin No. 107–63–1005, Revision 1, We have determined that this AD will
The short compliance time involved not have federalism implications under
dated April 27, 2005, which describes is required because these high-usage
procedures for inspections of quill Executive Order 13132. This AD will
helicopters can quickly develop pinion not have a substantial direct effect on
shafts, part number (P/N) 107D2067, all gear wear that could lead to cracks in
dash numbers. The service bulletin also the States, on the relationship between
the quill shaft and adversely affect the the national Government and the States,
specifies rejecting any quill shaft with structural integrity and controllability of
chipped or cracked teeth or any quill or on the distribution of power and
the helicopter. Therefore, the actions responsibilities among the various
shaft with a crack and, although not described previously are required
required by this AD, specifies measuring levels of government.
within 50 hours TIS, a short time period For the reasons discussed above, I
and recording wear in the spline of the of about 2 weeks based on the high certify that the regulation:
mating pinion gear, P/N 107D2215. usage rate of these model helicopters, 1. Is not a ‘‘significant regulatory
Also, Boeing recommends replacing and this AD must be issued action’’ under Executive Order 12866;
unairworthy quill shafts with airworthy immediately. 2. Is not a ‘‘significant rule’’ under the
quill shafts, P/N 107D2067–5. These Since a situation exists that requires DOT Regulatory Policies and Procedures
part-numbered quill shafts have been the immediate adoption of this (44 FR 11034, February 26, 1979); and
improved with a shot-peen process. regulation, it is found that notice and 3. Will not have a significant
However, in this AD, we are only opportunity for prior public comment economic impact, positive or negative,
requiring that you replace any hereon are impracticable, and that good on a substantial number of small entities
unairworthy quill shaft with an cause exists for making this amendment under the criteria of the Regulatory
airworthy quill shaft with any approved effective in less than 30 days. Flexibility Act.
P/N. We estimate that this AD will affect 7 We prepared an economic evaluation
This AD is an interim action which helicopters. We estimate that each of the estimated costs to comply with
covers initial inspections of the quill helicopter inspection will take about 17 this AD. See the DMS to examine the
shaft. We plan to follow this AD with a work hours at an average labor rate of economic evaluation.
superseding Notice of Proposed $65 per work hour. Required parts will
Rulemaking (NPRM) containing longer Authority for This Rulemaking
cost $2,500 for each quill shaft. Based
term requirements. The NPRM will on these figures, we estimate the total Title 49 of the United States Code
propose adding the pinion gear wear cost impact of the AD on U.S. operators specifies the FAA’s authority to issue
measurements specified in the service to be $10,235, assuming one quill shaft rules on aviation safety. Subtitle I,
bulletin and will propose adding is replaced on the fleet. Section 106, describes the authority of
recurring inspections of the quill shaft. the FAA Administrator. Subtitle VII,
Also, because we still have not Comments Invited Aviation Programs, describes in more
determined the cause of the wear steps This AD is a final rule that involves detail the scope of the Agency’s
in the mating pinion gear splines, we requirements that affect flight safety and authority.
may consider further rulemaking when was not preceded by notice and an We are issuing this rulemaking under
the cause is ultimately determined. opportunity for public comment; the authority described in Subtitle VII,
This unsafe condition is likely to exist however, we invite you to submit any Part A, Subpart III, Section 44701,
or develop on other helicopters of the written data, views, or arguments ‘‘General requirements.’’ Under that
same type design. Therefore, this AD is regarding this AD. Send your comments section, Congress charges the FAA with

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70720 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations

promoting safe flight of civil aircraft in the Federal Aviation Administration FAA–2005–23085; Directorate Identifier
air commerce by prescribing regulations amends part 39 of the Federal Aviation 2005–SW–25–AD.
for practices, methods, and procedures Regulations (14 CFR part 39) as follows: Applicability: Model 107–II helicopters, all
the Administrator finds necessary for serial numbers, with a quill shaft, part
safety in air commerce. This regulation PART 39—AIRWORTHINESS number (P/N) 107D2067, all dash numbers,
is within the scope of that authority DIRECTIVES and a spiral bevel pinion gear (pinion gear),
because it addresses an unsafe condition P/N 107D2215, installed, certificated in any
that is likely to exist or develop on ■ 1. The authority citation for part 39 category.
products identified in this rulemaking continues to read as follows: Compliance: Required as indicated.
action. Authority: 49 U.S.C. 106(g), 40113, 44701. To detect a fatigue crack in a quill shaft to
prevent separation of the quill shaft between
List of Subjects in 14 CFR Part 39 § 39.13 [Amended] the aft transmission and the mix box
Air transportation, Aircraft, Aviation assembly, loss of rotor synchronization, and
safety, Safety. ■ 2. Section 39.13 is amended by adding subsequent loss of control of the helicopter,
a new airworthiness directive to read as accomplish the following:
Adoption of the Amendment follows: (a) For a helicopter with a pinion gear
■ Accordingly, pursuant to the authority 2005–24–05 Boeing Vertol (Boeing): installed with the following hours time-in-
delegated to me by the Administrator, Amendment 39–14385. Docket No. service (TIS):

Pinion gear hours TIS Compliance time

700 or more hours TIS ............................................................................. Within 50 hours TIS, unless accomplished within the previous 350
hours TIS.
Less than 700 hours TIS .......................................................................... On or before reaching 750 hours TIS.

(1) Remove the aft transmission assembly, DEPARTMENT OF HEALTH AND published a proposed rule to describe
separate the mix box assembly from the aft HUMAN SERVICES various options for exporting an
transmission, and remove the quill shaft from investigational new drug, including a
the pinion gear assembly; Food and Drug Administration biological product. We issued the
(2) Visually inspect the external spline of proposed rule to implement statutory
the quill shaft for a chipped or cracked tooth 21 CFR Part 312 changes resulting from the FDA Export
around the pinhole; and Reform and Enhancement Act of 1996
(3) Magnetic particle inspect the quill shaft [Docket No. 2000N–1663]
(Pub. L. 104–134, as amended by Pub.
for a crack. RIN 0910–AA61 L. 104–180) and to modify a pre-existing
(b) Before further flight, replace any quill regulatory program for exporting
shaft that has a crack or a chipped or cracked Investigational New Drugs: Export investigational new drugs.
tooth with an airworthy quill shaft. Requirements for Unapproved New Under current § 312.110(b) (21 CFR
Note 1: Boeing Service Bulletin No. 107– Drug Products 312.110(b)), any person who intends to
63–1005, Revision 1, dated April 27, 2005, export an unapproved new drug product
AGENCY: Food and Drug Administration,
pertains to the subject of this AD. for use in a clinical investigation must
HHS.
Note 2: Replacement quill shafts
have either an investigational new drug
ACTION: Final rule. application (IND) or submit a written
manufactured by Kawasaki Heavy Industries
request to us (FDA). The written request
(KHI) for use on their Model KV107–II SUMMARY: The Food and Drug
helicopters must be approved by the must provide sufficient information
Administration (FDA) is amending its
geographic Aircraft Certification Office about the drug to satisfy us that the drug
regulations on the exportation of
(ACO) on a case-by-case basis for installation is appropriate for investigational use in
investigational new drugs, including
on a Boeing Model 107–II helicopter. humans, that the drug will be used for
biological products. The final rule
investigational purposes only, and that
(c) To request a different method of describes four different mechanisms for
the drug may be legally used by the
compliance or a different compliance time exporting an investigational new drug
consignee in the importing country for
for this AD, follow the procedures in 14 CFR product. These provisions implement
the proposed investigational use (see
39.19. Contact the Manager, New York ACO, changes in FDA’s export authority
§ 312.110(b)(2)(i)). The request must
Engine and Propeller Directorate, FAA, for resulting from the FDA Export Reform
also specify the quantity of the drug to
information about previously approved and Enhancement Act of 1996 and also
alternative methods of compliance.
be shipped and the frequency of
simplify the existing requirements for
(d) Special flight permits will not be
expected shipments (id.). If we
exports of investigational new drugs.
issued. authorize exportation of the drug, we
DATES: This rule is effective December notify the government of the importing
(e) This amendment becomes effective on 23, 2005.
December 8, 2005. country (id.). Similar procedures exist
FOR FURTHER INFORMATION CONTACT: for export requests made by foreign
Issued in Fort Worth, Texas, on November Philip L. Chao, Office of Policy and governments (see § 312.110(b)(2)(ii)).
16, 2005. Planning (HF–23), Food and Drug Section 312.110(b)(3) states that the
Scott A. Horn, Administration, 5600 Fishers Lane, requirements in paragraph (b) apply
Acting Manager, Rotorcraft Directorate, Rockville, MD 20857, 301–827–0587. only where the drug is to be used for the
Aircraft Certification Service. SUPPLEMENTARY INFORMATION: purpose of a clinical investigation.
[FR Doc. 05–23156 Filed 11–22–05; 8:45 am] Section 312.110(b)(4) states that the
I. Background requirements in paragraph (b) do not
BILLING CODE 4910–13–P
In the Federal Register of June 19, apply to the exports of new drugs
2002 (67 FR 41642), we (FDA) approved or authorized for export under

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