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11168 Federal Register / Vol. 70, No.

44 / Tuesday, March 8, 2005 / Proposed Rules

Regulatory Findings PART 39—AIRWORTHINESS DEPARTMENT OF TRANSPORTATION


DIRECTIVES
We have determined that this Federal Aviation Administration
proposed AD would not have federalism 1. The authority citation for part 39
implications under Executive Order continues to read as follows: 14 CFR Part 39
13132. Additionally, this proposed AD
would not have a substantial direct Authority: 49 U.S.C. 106(g), 40113, 44701. [Docket No. FAA–2005–20481; Directorate
Identifier 2004–NM–183–AD]
effect on the States, on the relationship § 39.13 [Amended]
between the national Government and RIN 2120–AA64
the States, or on the distribution of 2. Section 39.13 is amended by
power and responsibilities among the removing Amendment 39–13294 (68 FR Airworthiness Directives; Bombardier
various levels of government. 52832, September 8, 2003), and by Model DHC–8–102, –103, –106, –201,
adding a new airworthiness directive –202, –301, –311, and –315 Airplanes
For the reasons discussed above, I
(AD), to read as follows:
certify that the proposed regulation: AGENCY: Federal Aviation
Eurocopter France: Docket No. FAA–2005– Administration (FAA), Department of
1. Is not a ‘‘significant regulatory 20512; Directorate Identifier 2004 SW–
action’’ under Executive Order 12866; Transportation (DOT).
35. Supersedes AD 2003–18–03,
Amendment 39–13294, Docket No. ACTION: Notice of proposed rulemaking
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures 2002–SW–53–AD. (NPRM).
(44 FR 11034, February 26, 1979); and Applicability: Model EC 155B, EC155B1, SUMMARY: The FAA proposes to adopt a
SA–365N, SA–365N1, AS–365N2, and AS
3. Will not have a significant new airworthiness directive (AD) for
365 N3 helicopters, with emergency flotation
economic impact, positive or negative, gear installed, certificated in any category.
certain Bombardier Model DHC–8–102,
on a substantial number of small entities Compliance: Required as indicated, unless –103, –106, –201, –202, –301, –311, and
under the criteria of the Regulatory accomplished previously. –315 airplanes. This proposed AD
Flexibility Act. To prevent failure of a hydraulic brake would require operators to install torque
We prepared a draft economic hose (hose), resulting in failure of hydraulic tube catchers on the control columns of
evaluation of the estimated costs to pressure to the brakes on the affected landing the flight controls. This proposed AD is
comply with this proposed AD. See the gear wheel and subsequent loss of control of prompted by the discovery that a single
the helicopter during a run-on landing, malfunction of the torque tube could
DMS to examine the draft economic
accomplish the following: result in both flight control columns
evaluation. (a) Within 10 hours time-in-service (TIS), being supported by only one self-
Authority for This Rulemaking inspect the hose for crazing, pinching, aligning bearing. We are proposing this
distortion, or leaks as illustrated in Area A
AD to prevent the torque tube from
Title 49 of the United States Code of Figure 1 of Eurocopter Alert Service
Bulletin No. 32.00.09, dated October 27, 2003 fouling against the underfloor control
specifies the FAA’s authority to issue
(ASB No. 32.00.09), for Model SA–365N and cables, which could result in reduced
rules on aviation safety. Subtitle I,
N1, AS–365N2, and AS 365 N3 helicopters, controllability of the airplane.
section 106, describes the authority of
the FAA Administrator. Subtitle VII, and Eurocopter Alert Service Bulletin No. DATES: We must receive comments on
32A004, Revision 1, dated June 16, 2004 this proposed AD by April 7, 2005.
Aviation Programs, describes in more
(ASB No. 32A004R1), for Model EC 155B and ADDRESSES: Use one of the following
detail the scope of the Agency’s EC155B1 helicopters.
authority. addresses to submit comments on this
(b) If crazing, pinching, distortion, or leaks
exist, replace the hose with an airworthy proposed AD.
We are issuing this rulemaking under
hose before further flight. • DOT Docket Web site: Go to
the authority described in subtitle VII,
(c) At the next 100-hour TIS inspection, http://dms.dot.gov and follow the
part A, subpart III, section 44701,
inspect the hose and the emergency flotation instructions for sending your comments
‘‘General requirements.’’ Under that
gear pipe to ensure adequate clearance and electronically.
section, Congress charges the FAA with
adjust the landing gear leg, if necessary, in • Government-wide rulemaking Web
promoting safe flight of civil aircraft in accordance with the Operational Procedure, site: Go to http://www.regulations.gov
air commerce by prescribing regulations paragraph 2.B.2., of ASB No. 32.00.09 or ASB and follow the instructions for sending
for practices, methods, and procedures No. 32A004R1, as applicable. your comments electronically.
the Administrator finds necessary for (d) To request a different method of • Mail: Docket Management Facility,
safety in air commerce. This regulation compliance or a different compliance time U.S. Department of Transportation, 400
is within the scope of that authority for this AD, follow the procedures in 14 CFR
Seventh Street SW., Nassif Building,
because it addresses an unsafe condition 39.19. Contact the Safety Management Group,
Rotorcraft Directorate, FAA, for information room PL–401, Washington, DC 20590.
that is likely to exist or develop on
about previously approved alternative • By fax: (202) 493–2251.
products identified in this rulemaking • Hand Delivery: Room PL–401 on
action. methods of compliance.
Note: The subject of this AD is addressed the plaza level of the Nassif Building,
List of Subjects in 14 CFR Part 39 in Direction Generale De L’Aviation Civile 400 Seventh Street SW., Washington,
(France) AD No. F–2002–474–058 R1, dated DC, between 9 a.m. and 5 p.m., Monday
Air transportation, Aircraft, Aviation March 3, 2004 and AD No. F–2004–099, through Friday, except Federal holidays.
safety, Safety. dated July 7, 2004. For service information identified in
The Proposed Amendment this proposed AD, contact Bombardier,
Issued in Fort Worth, Texas, on March 1, Inc., Bombardier Regional Aircraft
Accordingly, pursuant to the 2005. Division, 123 Garratt Boulevard,
authority delegated to me by the David A. Downey, Downsview, Ontario M3K 1Y5, Canada.
Administrator, the Federal Aviation Manager, Rotorcraft Directorate, Aircraft You can examine the contents of this
Administration proposes to amend part Certification Service. AD docket on the Internet at http://
39 of the Federal Aviation Regulations [FR Doc. 05–4406 Filed 3–7–05; 8:45 am] dms.dot.gov, or in person at the Docket
(14 CFR part 39) as follows: BILLING CODE 4910–13–P Management Facility, U.S. Department

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Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Proposed Rules 11169

of Transportation, 400 Seventh Street authority for Canada, notified us that an DHC–8–102, –103, –106, –201, –202,
SW., room PL–401, on the plaza level of unsafe condition may exist on certain –301, –311, and –315 series airplanes.
the Nassif Building, Washington, DC. Bombardier Model DHC–8–102, –103, Model DHC–8–314 series airplanes are
This docket number is FAA–2005– –106, –201, –202, –301, –311, and –315 not type certificated for operation in the
20481; the directorate identifier for this airplanes. TCCA advises that a single United States.
docket is 2004–NM–183–AD. shear failure in the torque tube of the
control column, inboard of the self- Costs of Compliance
FOR FURTHER INFORMATION CONTACT: Ezra
Sasson, Aerospace Engineer, Airframe aligning bearings on the affected This proposed AD would affect about
and Propulsion Branch, ANE–171, FAA, airplanes, could result in the pilot’s and 160 airplanes of U.S. registry. The
New York Aircraft Certification Office, co-pilot’s control column being proposed actions would take about 9
1600 Stewart Avenue, suite 410, supported by only one self-aligning work hours per airplane, at an average
Westbury, New York 11590; telephone bearing. This condition, if not corrected, labor rate of $65 per work hour.
(516) 228–7320; fax (516) 794–5531. could cause the torque tube to foul Required parts would cost about $490
SUPPLEMENTARY INFORMATION: against the underfloor control cables per airplane. Based on these figures, the
and result in reduced controllability of estimated cost of the proposed AD for
Comments Invited the airplane. U.S. operators is $172,000, or $1,075 per
We invite you to submit any relevant airplane.
Relevant Service Information
written data, views, or arguments Authority for This Rulemaking
regarding this proposed AD. Send your Bombardier has issued Service
comments to an address listed under Bulletin S.B.8–27–90, dated October 28, Title 49 of the United States Code
ADDRESSES. Include ‘‘Docket No. FAA– 2003, which describes procedures for specifies the FAA’s authority to issue
2005–20481; Directorate Identifier installing torque tube catchers on the rules on aviation safety. Subtitle I,
2004–NM–183–AD’’ at the beginning of control columns of the flight controls. section 106, describes the authority of
your comments. We specifically invite Accomplishing the actions specified in the FAA Administrator. Subtitle VII,
comments on the overall regulatory, the service information is intended to Aviation Programs, describes in more
economic, environmental, and energy adequately address the unsafe detail the scope of the Agency’s
aspects of the proposed AD. We will condition. TCCA mandated the service authority.
consider all comments submitted by the information and issued airworthiness We are issuing this rulemaking under
closing date and may amend the directive CF–2004–08, dated April 20, the authority described in subtitle VII,
proposed AD in light of those 2004, to ensure the continued part A, subpart III, section 44701,
comments. airworthiness of these airplanes in ‘‘General requirements.’’ Under that
We will post all comments we Canada. section, Congress charges the FAA with
receive, without change, to http:// promoting safe flight of civil aircraft in
FAA’s Determination and Requirements
dms.dot.gov, including any personal air commerce by prescribing regulations
of the Proposed AD
information you provide. We will also for practices, methods, and procedures
post a report summarizing each These airplane models are the Administrator finds necessary for
substantive verbal contact with FAA manufactured in Canada and are type safety in air commerce. This regulation
personnel concerning this proposed AD. certificated for operation in the United is within the scope of that authority
Using the search function of our docket States under the provisions of section because it addresses an unsafe condition
website, anyone can find and read the 21.29 of the Federal Aviation that is likely to exist or develop on
comments in any of our dockets, Regulations (14 CFR 21.29) and the products identified in this rulemaking
including the name of the individual applicable bilateral airworthiness action.
who sent the comment (or signed the agreement. Pursuant to this bilateral
airworthiness agreement, TCCA has Regulatory Findings
comment on behalf of an association,
business, labor union, etc.). You can kept the FAA informed of the situation We have determined that this
review the DOT’s complete Privacy Act described above. We have examined proposed AD will not have federalism
Statement in the Federal Register TCCA’s findings, evaluated all pertinent implications under Executive Order
published on April 11, 2000 (65 FR information, and determined that we 13132. This proposed AD will not have
19477–78), or you can visit http:// need to issue an AD for products of this a substantial direct effect on the States,
dms.dot.gov. type design that are certificated for on the relationship between the national
operation in the United States. government and the States, or on the
Examining the Docket Therefore, we are proposing this AD, distribution of power and
You can examine the AD docket on which would require operators to install responsibilities among the various
the Internet at http://dms.dot.gov, or in torque tube catchers on the control levels of government.
person at the Docket Management columns of the flight controls. The For the reasons discussed above, I
Facility office between 9 a.m. and 5 proposed AD would require you to use certify that this proposed AD:
p.m., Monday through Friday, except the Bombardier service information (1) Is not a ‘‘significant regulatory
Federal holidays. The Docket described previously to perform these action’’ under Executive Order 12866;
Management Facility office (telephone actions, except as discussed under (2) Is not a ‘‘significant rule’’ under
(800) 647–5227) is located on the plaza ‘‘Difference Between the Proposed AD DOT Regulatory Policies and Procedures
level of the Nassif Building at the DOT and Canadian AD.’’ (44 FR 11034, February 26, 1979); and
street address stated in the ADDRESSES (3) Will not have a significant
Difference Between the Proposed AD economic impact, positive or negative,
section. Comments will be available in
and Canadian Airworthiness Directive on a substantial number of small entities
the AD docket shortly after the DMS
receives them. While the Canadian airworthiness under the criteria of the Regulatory
directive applies to certain Model DHC– Flexibility Act.
Discussion 8–102, –103, –106, –201, –202, –301, We prepared a regulatory evaluation
Transport Canada Civil Aviation –311, –314, and –315 series airplanes, of the estimated costs to comply with
(TCCA), which is the airworthiness this AD applies only to certain Model this proposed AD. See the ADDRESSES

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11170 Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Proposed Rules

section for a location to examine the Related Information Seventh Street, SW., Nassif Building,
regulatory evaluation. (h) Canadian airworthiness directive CF– room PL–401, Washington, DC 20590.
List of Subjects in 14 CFR Part 39
2004–08, dated April 20, 2004, also addresses • By fax: (202) 493–2251.
the subject of this AD.
Air transportation, Aircraft, Aviation • Hand Delivery: Room PL–401 on
Issued in Renton, Washington, on February the plaza level of the Nassif Building,
safety, Safety. 24, 2005. 400 Seventh Street, SW., Washington,
The Proposed Amendment Ali Bahrami, DC, between 9 a.m. and 5 p.m., Monday
Accordingly, under the authority Manager, Transport Airplane Directorate, through Friday, except Federal holidays.
Aircraft Certification Service.
delegated to me by the Administrator, For service information identified in
the FAA proposes to amend 14 CFR part [FR Doc. 05–4407 Filed 3–7–05; 8:45 am]
this proposed AD, contact Airbus, 1
39 as follows: BILLING CODE 4910–13–P
Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France.
PART 39—AIRWORTHINESS
DEPARTMENT OF TRANSPORTATION You can examine the contents of this
DIRECTIVES
AD docket on the Internet at http://
1. The authority citation for part 39 Federal Aviation Administration dms.dot.gov, or in person at the Docket
continues to read as follows: Management Facility, U.S. Department
Authority: 49 U.S.C. 106(g), 40113, 44701. 14 CFR Part 39 of Transportation, 400 Seventh Street,
SW., room PL–401, on the plaza level of
§ 39.13 [Amended] [Docket No. FAA–2005–20500; Directorate
Identifier 2004–NM–235–AD]
the Nassif Building, Washington, DC.
2. The FAA amends § 39.13 by adding This docket number is FAA–2005–
the following new airworthiness RIN 2120–AA64 20500; the directorate identifier for this
directive (AD): docket is 2004–NM–235–AD.
Airworthiness Directives; Airbus Model
Bombardier, Inc. (Formerly de Havilland, A320 Series Airplanes FOR FURTHER INFORMATION CONTACT: Dan
Inc.): Docket No. FAA–2005–20481; Rodina, Aerospace Engineer,
Directorate Identifier 2004–NM–183–AD. AGENCY: Federal Aviation International Branch, ANM–116, FAA,
Comments Due Date Administration (FAA), Department of Transport Airplane Directorate, 1601
(a) The Federal Aviation Administration
Transportation (DOT). Lind Avenue, SW., Renton, Washington
must receive comments on this AD action by ACTION: Notice of proposed rulemaking 98055–4056; telephone (425) 227–2125;
April 7, 2005. (NPRM). fax (425) 227–1149.
Affected ADs SUMMARY: The FAA proposes to adopt a SUPPLEMENTARY INFORMATION:
(b) None. new airworthiness directive (AD) for Comments Invited
Applicability
certain Airbus Model A320 series
airplanes. This proposed AD would We invite you to submit any relevant
(c) This AD applies to Bombardier Model
require post-maintenance bleeding of written data, views, or arguments
DHC–8 102, –103, –106, –201, –202, –301,
–311, and –315 airplanes, serial numbers 003 accumulated air from, or ground regarding this proposed AD. Send your
through 584 inclusive, certificated in any functional testing of, the ram air turbine comments to an address listed under
category. (RAT) system; modifying and ADDRESSES. Include ‘‘Docket No. FAA–
reidentifying the airborne ground check 2005–20500; Directorate Identifier
Unsafe Condition
module of the RAT system; and 2004–NM–235–AD’’ at the beginning of
(d) This AD is prompted by the discovery replacing the RAT reducer assembly if your comments. We specifically invite
that a single malfunction of the torque tube applicable. This proposed AD is comments on the overall regulatory,
could result in both flight control columns
being supported by only one self-aligning
prompted by reports of unsuccessful in- economic, environmental, and energy
bearing. We are issuing this AD to prevent flight RAT tests during which a aspects of the proposed AD. We will
the torque tube from fouling against the deployed RAT failed to pressurize the consider all comments submitted by the
underfloor control cables, which could result blue hydraulic circuit of the RAT closing date and may amend the
in reduced controllability of the airplane. system. We are proposing this AD to proposed AD in light of those
Compliance prevent failure of the RAT during an in- comments.
flight emergency, which could lead to We will post all comments we
(e) You are responsible for having the
actions required by this AD performed within
loss of hydraulic and electrical power receive, without change, to http://
the compliance times specified, unless the and reduced controllability of the dms.dot.gov, including any personal
actions have already been done. airplane. information you provide. We will also
Installation DATES: We must receive comments on post a report summarizing each
this proposed AD by April 7, 2005. substantive verbal contact with FAA
(f) Within 5,000 flight hours after the
effective date of this AD, install control ADDRESSES: Use one of the following personnel concerning this proposed AD.
column torque tube catchers on the control addresses to submit comments on this Using the search function of our docket
columns of the flight controls by proposed AD. Web site, anyone can find and read the
incorporating Modsum 8Q101338 in • DOT Docket Web site: Go to comments in any of our dockets,
accordance with the Accomplishment http://dms.dot.gov and follow the including the name of the individual
Instructions of Bombardier Service Bulletin instructions for sending your comments who sent the comment (or signed the
S.B.8–27–90, dated October 28, 2003. electronically. comment on behalf of an association,
Alternative Methods of Compliance • Government-wide rulemaking Web business, labor union, etc.). You can
(g) The Manager, New York Aircraft site: Go to http://www.regulations.gov review the DOT’s complete Privacy Act
Certification Office, has the authority to and follow the instructions for sending Statement in the Federal Register
approve alternative methods of compliance your comments electronically. published on April 11, 2000 (65 FR
for this AD if requested using the procedures • Mail: Docket Management Facility, 19477–78), or you can visit http://
found in 14 CFR 39.19. U.S. Department of Transportation, 400 dms.dot.gov.

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