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Federal Register / Vol. 70, No.

216 / Wednesday, November 9, 2005 / Proposed Rules 67949

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

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

Rivet installation ................................. 1 $65 Operator-supplied ...... $65 108 $7,020

Authority for This Rulemaking List of Subjects in 14 CFR Part 39 Rivet Installation
Title 49 of the United States Code (f) Within 4,000 flight hours or 24 months,
Air transportation, Aircraft, Aviation whichever occurs first after the effective date
specifies the FAA’s authority to issue safety, Safety. of this AD: Install a rivet and washer in the
rules on aviation safety. Subtitle I, hole of the upper frame of the APU firewall,
Section 106, describes the authority of The Proposed Amendment
in accordance with EMBRAER Service
the FAA Administrator. Subtitle VII, Bulletin 120–53–0080, dated November 30,
Accordingly, under the authority
Aviation Programs, describes in more 2004.
delegated to me by the Administrator,
detail the scope of the Agency’s
the FAA proposes to amend 14 CFR part Alternative Methods of Compliance
authority. (AMOCs)
39 as follows:
We are issuing this rulemaking under
(g)(1) The Manager, International Branch,
the authority described in Subtitle VII, PART 39—AIRWORTHINESS ANM–116, Transport Airplane Directorate,
Part A, Subpart III, Section 44701, DIRECTIVES FAA, has the authority to approve AMOCs
‘‘General requirements.’’ Under that for this AD, if requested in accordance with
section, Congress charges the FAA with 1. The authority citation for part 39 the procedures found in 14 CFR 39.19.
promoting safe flight of civil aircraft in continues to read as follows: (2) Before using any AMOC approved in
air commerce by prescribing regulations accordance with § 39.19 on any airplane to
Authority: 49 U.S.C. 106(g), 40113, 44701. which the AMOC applies, notify the
for practices, methods, and procedures
the Administrator finds necessary for appropriate principal inspector in the FAA
§ 39.13 [Amended]
safety in air commerce. This regulation Flight Standards Certificate Holding District
2. The Federal Aviation Office.
is within the scope of that authority
because it addresses an unsafe condition Administration (FAA) amends § 39.13 Related Information
that is likely to exist or develop on by adding the following new (h) Brazilian airworthiness directive 2005–
products identified in this rulemaking airworthiness directive (AD): 08–03, dated September 5, 2005, also
action. Empresa Brasileira de Aeronautica S.A. addresses the subject of this AD.
(EMBRAER): Docket No. FAA–2005– Issued in Renton, Washington, on October
Regulatory Findings 22871; Directorate Identifier 2005–NM– 26, 2005.
We have determined that this 191–AD. Kalene C. Yanamura,
proposed AD would not have federalism Comments Due Date Acting Manager, Transport Airplane
implications under Executive Order Directorate, Aircraft Certification Service.
13132. This proposed AD would not (a) The FAA must receive comments on
this AD action by December 9, 2005. [FR Doc. 05–22304 Filed 11–8–05; 8:45 am]
have a substantial direct effect on the
BILLING CODE 4910–13–U
States, on the relationship between the Affected ADs
national Government and the States, or (b) None.
on the distribution of power and DEPARTMENT OF TRANSPORTATION
responsibilities among the various Applicability
levels of government. (c) This AD applies to EMBRAER Model Federal Aviation Administration
For the reasons discussed above, I EMB–120, –120ER, –120FC, –120QC, and
certify that the proposed regulation: –120RT airplanes, certificated in any
14 CFR Part 39
1. Is not a ‘‘significant regulatory category; as identified in EMBRAER Service
Bulletin 120–53–0080, dated November 30, [Docket No. FAA–2005–22875; Directorate
action’’ under Executive Order 12866;
2004. Identifier 2005–NM–179–AD]
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures Unsafe Condition RIN 2120–AA64
(44 FR 11034, February 26, 1979); and (d) This AD results from a report indicating
3. Will not have a significant that, during production, a pinhole was left Airworthiness Directives; Short
economic impact, positive or negative, open at the upper frame of the auxiliary Brothers Model SD3–60 SHERPA,
on a substantial number of small entities power unit (APU) firewall. We are issuing SD3–SHERPA, and SD3–60 Airplanes
under the criteria of the Regulatory this AD to ensure that the APU compartment
AGENCY: Federal Aviation
Flexibility Act. is isolated from the rest of the airplane in the
event of an APU fire.
Administration (FAA), Department of
We prepared a regulatory evaluation Transportation (DOT).
of the estimated costs to comply with Compliance ACTION: Notice of proposed rulemaking
this proposed AD and placed it in the (e) You are responsible for having the (NPRM).
AD docket. See the ADDRESSES section actions required by this AD performed within
for a location to examine the regulatory the compliance times specified, unless the SUMMARY: The FAA proposes to
evaluation. actions have already been done. supersede an existing airworthiness

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67950 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules

directive (AD) that applies to all Short overall regulatory, economic, Relevant Service Information
Brothers Model SD3–60 and SD3– environmental, and energy aspects of Shorts has issued Service Bulletins
SHERPA airplanes. The existing AD the proposed AD. We will consider all SD360 Sherpa–32–4 (for Model SD3–60
currently requires an inspection of the comments received by the closing date SHERPA airplanes), SD3 Sherpa–32–5
fork end of the rear pintle pin on each and may amend the proposed AD in (for Model SD3–SHERPA airplanes),
main landing gear (MLG) to verify that light of those comments. and SD360–32–37 (for Model SD3–60
sealant is properly applied and is We will post all comments we airplanes), all dated July 2004. The
undamaged, and related investigative/ receive, without change, to http:// service bulletins describe procedures for
corrective actions if necessary. This an inspection to determine whether
dms.dot.gov, including any personal
proposed AD would add an inspection sealant has been properly applied on the
information you provide. We will also
for correctly applied sealant on the MLG MLG rear pintle pin assemblies, and
post a report summarizing each
rear pintle pin assemblies, and related related investigative/corrective actions
substantive verbal contact with FAA
investigative/corrective actions if for missing or damaged sealant.
personnel concerning this proposed AD.
necessary. This proposed AD would Accomplishing the actions specified in
also expand the applicability of the Using the search function of that web
site, anyone can find and read the the service information is intended to
existing AD. This proposed AD results adequately address the unsafe
from a new report of a cracked pintle comments in any of our dockets,
including the name of the individual condition. The Civil Aviation Authority
pin fork end. We are proposing this AD (CAA), which is the airworthiness
to prevent stress-corrosion cracking and who sent the comment (or signed the
comment on behalf of an association, authority for the United Kingdom,
subsequent failure of the MLG. mandated the service information and
business, labor union, etc.). You may
DATES: We must receive comments on issued British airworthiness directive
review the DOT’s complete Privacy Act
this proposed AD by December 9, 2005. G–2004–0022, dated August 25, 2004, to
Statement in the Federal Register
ADDRESSES: Use one of the following ensure the continued airworthiness of
published on April 11, 2000 (65 FR
addresses to submit comments on this these airplanes in the United Kingdom.
19477–78), or you may visit http://
proposed AD. The service bulletins refer to Messier
dms.dot.gov.
• DOT Docket Web site: Go to Dowty Service Bulletin 32–70SD,
http://dms.dot.gov and follow the Examining the Docket Revision 1, dated July 3, 1995, as an
instructions for sending your comments additional source of service information
electronically. You may examine the AD docket on for the inspection and related
• Government-wide rulemaking Web the Internet at http://dms.dot.gov, or in investigative/corrective actions.
site: Go to http://www.regulations.gov person at the Docket Management
and follow the instructions for sending Facility office between 9 a.m. and 5 FAA’s Determination and Requirements
your comments electronically. p.m., Monday through Friday, except of the Proposed AD
• Mail: Docket Management Facility; Federal holidays. The Docket These airplane models are
U.S. Department of Transportation, 400 Management Facility office (telephone manufactured in the United Kingdom
Seventh Street SW., Nassif Building, (800) 647–5227) is located on the plaza and are type certificated for operation in
room PL–401, Washington, DC 20590. level of the Nassif Building at the DOT the United States under the provisions
• Fax: (202) 493–2251. street address stated in the ADDRESSES of section 21.29 of the Federal Aviation
• Hand Delivery: Room PL–401 on section. Comments will be available in Regulations (14 CFR 21.29) and the
the plaza level of the Nassif Building, the AD docket shortly after the Docket applicable bilateral airworthiness
400 Seventh Street SW., Washington, Management System receives them. agreement. Pursuant to this bilateral
DC, between 9 a.m. and 5 p.m., Monday airworthiness agreement, the CAA has
through Friday, except Federal holidays. Discussion kept the FAA informed of the situation
Contact Short Brothers, Airworthiness described above. We have examined the
& Engineering Quality, P.O. Box 241, On January 25, 1993, we issued AD
93–02–03, amendment 39–8485 (58 FR CAA’s findings, evaluated all pertinent
Airport Road, Belfast BT3 9DZ, information, and determined that AD
Northern Ireland, for service 7983, February 11, 1993), for all Short
Brothers Model SD3–60 and SD3– action is necessary for airplanes of this
information identified in this proposed type design that are certificated for
AD. SHERPA airplanes. That AD requires an
inspection of the fork end of the rear operation in the United States.
FOR FURTHER INFORMATION CONTACT: Dan This proposed AD would supersede
Rodina, Aerospace Engineer, pintle pin on each main landing gear
AD 93–02–03 and would retain the
International Branch, ANM–116, FAA, (MLG) to verify that sealant is properly
requirements of the existing AD. This
Transport Airplane Directorate, 1601 applied and is undamaged; removal of
proposed AD would also expand the
Lind Avenue, SW., Renton, Washington the bushings and an inspection to detect
applicability for the actions specified in
98055–4056; telephone (425) 227–2125; faults of the bores in the fork end, if
service information described
fax (425) 227–1149. necessary; and repair of the fork end of
previously, except as discussed below.
the pintle pin, if necessary. That AD
SUPPLEMENTARY INFORMATION:
resulted from a report of a cracked fork Difference Between the Proposed AD
Comments Invited end of the MLG rear pintle pin. We and Service Information
We invite you to submit any relevant issued that AD to prevent stress- The service information specifies to
written data, views, or arguments corrosion cracking and subsequent contact the manufacturer for
regarding this proposed AD. Send your failure of the MLG. instructions on how to repair certain
comments to an address listed in the Actions Since Existing AD Was Issued conditions, but this proposed AD would
ADDRESSES section. Include the docket require repairing those conditions using
number ‘‘Docket No. FAA–2005–22875; Since we issued AD 93–02–03, we a method that we or the CAA (or its
Directorate Identifier 2005–NM–179– have learned about another incident of delegated agent) approve. In light of the
AD’’ at the beginning of your comments. a cracked pintle pin fork end on a type of repair that would be required to
We specifically invite comments on the Model SD3 airplane. address the unsafe condition, and

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Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules 67951

consistent with existing bilateral Clarification of Inspection Terminology Costs of Compliance


airworthiness agreements, we have In this proposed AD, the inspection
determined that, for this proposed AD, The following table provides the
specified in the service bulletins is
a repair we or the CAA approve would estimated costs for U.S. operators to
referred to as a ‘‘general visual
be acceptable for compliance with this comply with this proposed AD.
inspection.’’ Note 1 in this proposed AD
proposed AD. defines this type of inspection.
ESTIMATED COSTS
Average labor Number of
Cost per air-
Action Work hours rate Parts U.S.-registered Fleet cost
plane
per hour airplanes

Inspection (required by AD 93–02–03) .... 1 $65 None $65 42 $2,730


Inspection (new proposed action) ............ 1 65 None 65 42 2,730

Authority for This Rulemaking for a location to examine the regulatory Restatement of Requirements of AD 93–02–
evaluation. 03
Title 49 of the United States Code
specifies the FAA’s authority to issue List of Subjects in 14 CFR Part 39 Inspection
rules on aviation safety. Subtitle I, (f) For Model SD3–60 and SD3–SHERPA
section 106, describes the authority of Air transportation, Aircraft, Aviation airplanes: Within 300 hours’ time-in-service
the FAA Administrator. Subtitle VII, safety, Safety. or 30 days after March 18, 1993 (the effective
Aviation Programs, describes in more date of AD 93–02–03), whichever occurs first,
The Proposed Amendment perform a visual inspection of the fork end
detail the scope of the Agency’s of the rear pintle pin on each MLG to verify
authority. Accordingly, under the authority
delegated to me by the Administrator, that an undamaged fillet of sealant is
We are issuing this rulemaking under properly applied around the flanges of the
the authority described in subtitle VII, the FAA proposes to amend 14 CFR part
bronze bushings, in accordance with Shorts
part A, subpart III, section 44701, 39 as follows: SD3–60 Service Bulletin SD360–32–33, dated
‘‘General requirements.’’ Under that August 7, 1992.
PART 39—AIRWORTHINESS (1) If an undamaged fillet of properly
section, Congress charges the FAA with
DIRECTIVES applied sealant is found: No further action is
promoting safe flight of civil aircraft in
required by this AD.
air commerce by prescribing regulations 1. The authority citation for part 39 (2) If no fillet of sealant is found at the joint
for practices, methods, and procedures continues to read as follows: line, or if a damaged fillet of sealant is found:
the Administrator finds necessary for Prior to the accumulation of 1,200 hours’
Authority: 49 U.S.C. 106(g), 40113, 44701.
safety in air commerce. This regulation time-in-service or 120 days after
is within the scope of that authority § 39.13 [Amended] accomplishing the inspection required by
because it addresses an unsafe condition paragraph (f) of this AD, whichever occurs
2. The Federal Aviation first, remove the bushings and perform a
that is likely to exist or develop on Administration (FAA) amends § 39.13
products identified in this rulemaking magnetic non-destructive testing (NDT)
by removing amendment 39–8485 (58 inspection to detect faults of the bores in the
action. FR 7983, February 11, 1993) and adding fork end, in accordance with the service
Regulatory Findings the following new airworthiness bulletin. If faults are found as a result of the
directive (AD): NDT inspection, prior to further flight, repair
We have determined that this the fork end of the rear pintle pin in a
proposed AD would not have federalism Short Brothers PLC: Docket No. FAA–2005– manner approved by the Manager,
implications under Executive Order 22875; Directorate Identifier 2005–NM– International Branch, ANM–116, Transport
13132. This proposed AD would not 179–AD. Airplane Directorate, FAA.
have a substantial direct effect on the Comments Due Date New Requirements of This AD
States, on the relationship between the (a) The FAA must receive comments on Inspection
national Government and the States, or this AD action by December 9, 2005.
on the distribution of power and (g) For all airplanes: Within 3 months after
Affected ADs the effective date of this AD, do a general
responsibilities among the various
(b) This AD supersedes AD 93–02–03. visual inspection of the MLG rear pintle pin
levels of government. assemblies for correctly applied sealant, in
For the reasons discussed above, I Applicability accordance with Shorts Service Bulletin
certify that the proposed regulation: (c) This AD applies to all Shorts Model SD360–32–37, SD3 SHERPA–32–5, or SD360
1. Is not a ‘‘significant regulatory SD3–60 SHERPA, SD3–SHERPA, and SD3– SHERPA 32–4, all dated July 2004, as
action’’ under Executive Order 12866; 60 airplanes, certificated in any category. applicable.
2. Is not a ‘‘significant rule’’ under the (1) If the sealant is applied correctly: This
DOT Regulatory Policies and Procedures Unsafe Condition AD requires no further work.
(44 FR 11034, February 26, 1979); and (d) This AD results from a new report of (2) If the sealant is applied incorrectly:
3. Will not have a significant a cracked pintle pin fork end. We are issuing Within 12 months after the effective date of
economic impact, positive or negative, this AD to prevent stress-corrosion cracking this AD, do a magnetic flaw detection
and subsequent failure of the main landing inspection to detect cracks of the rear pintle
on a substantial number of small entities pin fork ends, in accordance with the service
under the criteria of the Regulatory gear (MLG).
bulletin. If any cracked pintle pin fork end
Flexibility Act. Compliance is found: Replace it before further flight with
We prepared a regulatory evaluation (e) You are responsible for having the a serviceable part that has been inspected in
of the estimated costs to comply with actions required by this AD performed within accordance with the requirements of this AD.
this proposed AD and placed it in the the compliance times specified, unless the Note 1: For the purposes of this AD, a
AD docket. See the ADDRESSES section actions have already been done. general visual inspection is: ‘‘A visual

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67952 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules

examination of an interior or exterior area, Notice of proposed rulemaking


ACTION: regarding this proposed AD. Send your
installation, or assembly to detect obvious (NPRM). comments to an address listed in the
damage, failure, or irregularity. This level of ADDRESSES section. Include the docket
inspection is made from within touching SUMMARY: The FAA proposes to adopt a number ‘‘FAA–2005–22874; Directorate
distance unless otherwise specified. A mirror new airworthiness directive (AD) for
may be necessary to ensure visual access to Identifier 2005–NM–173–AD’’ at the
certain Boeing Model 777–200 and –300 beginning of your comments. We
all surfaces in the inspection area. This level
series airplanes. This proposed AD specifically invite comments on the
of inspection is made under normally
available lighting conditions such as would require inspecting the lower web overall regulatory, economic,
daylight, hangar lighting, flashlight, or of the aft fairing of engine struts for any environmental, and energy aspects of
droplight and may require removal or discoloration and doing any related the proposed AD. We will consider all
opening of access panels or doors. Stands, investigative and corrective action if comments received by the closing date
ladders, or platforms may be required to gain necessary; inspecting the heat shield and may amend the proposed AD in
proximity to the area being checked.’’ castings for any damage and doing any light of those comments.
Note 2: The service bulletins identified in corrective action if necessary; installing We will post all comments we
paragraph (g) of this AD refer to Messier gap cover strips; and replacing receive, without change, to http://
Dowty Service Bulletin 32–70SD, Revision 1, insulation blankets with new insulation dms.dot.gov, including any personal
dated July 3, 1995, as an additional source of blankets. This proposed AD results from information you provide. We will also
service information for the inspection and a report that several discolored fairing
corrective actions. post a report summarizing each
lower webs and some damaged/ substantive verbal contact with FAA
(h) If any crack is detected during any deteriorated insulation blankets were
inspection required by this AD and the personnel concerning this proposed AD.
found in the aft fairings of engine struts. Using the search function of that web
service information specifies to contact the
We are proposing this AD to prevent site, anyone can find and read the
manufacturer for repair instructions: Before
further flight, repair using a method cracking of lower webs of the aft comments in any of our dockets,
approved by either the Manager, fairings, which could result in including the name of the individual
International Branch, ANM–116, Transport flammable hydraulic fluid leaking onto who sent the comment (or signed the
Airplane Directorate, FAA; or the Civil or near an ignition source, and possibly comment on behalf of an association,
Aviation Authority (CAA) (or its delegated result in an uncontrollable fire in the business, labor union, etc.). You may
agent). engine strut area. review DOT’s complete Privacy Act
Alternative Methods of Compliance (AMOCs) DATES: We must receive comments on Statement in the Federal Register
(i)(1) The Manager, International Branch, this proposed AD by December 27, published on April 11, 2000 (65 FR
ANM–116, Transport Airplane Directorate, 2005. 19477–78), or you may visit http://
FAA, has the authority to approve AMOCs ADDRESSES: Use one of the following dms.dot.gov.
for this AD, if requested in accordance with addresses to submit comments on this
the procedures found in 14 CFR 39.19. Examining the Docket
proposed AD.
(2) Before using any AMOC approved in You may examine the AD docket on
• DOT Docket Web site: Go to
accordance with § 39.19 on any airplane to the Internet at http://dms.dot.gov, or in
which the AMOC applies, notify the http://dms.dot.gov and follow the
instructions for sending your comments person at the Docket Management
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District electronically. Facility office between 9 a.m. and 5
Office. • Government-wide rulemaking Web p.m., Monday through Friday, except
site: Go to http://www.regulations.gov Federal holidays. The Docket
Related Information Management Facility office (telephone
and follow the instructions for sending
(j) British airworthiness directive G–2004– your comments electronically. (800) 647–5227) is located on the plaza
0022, dated August 25, 2004, also addresses • Mail: Docket Management Facility, level of the Nassif Building at the DOT
the subject of this AD. U.S. Department of Transportation, 400 street address stated in the ADDRESSES
Issued in Renton, Washington, on October Seventh Street, SW., Nassif Building, section. Comments will be available in
28, 2005. room PL–401, Washington, DC 20590. the AD docket shortly after the Docket
Kalene C. Yanamura, • Fax: (202) 493–2251. Management System receives them.
Acting Manager, Transport Airplane • Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building, Discussion
Directorate, Aircraft Certification Service.
[FR Doc. 05–22305 Filed 11–8–05; 8:45 am] 400 Seventh Street, SW., Washington, We have received a report indicating
BILLING CODE 4910–13–P DC, between 9 a.m. and 5 p.m., Monday that damaged/deteriorated thermal
through Friday, except Federal holidays. insulation blankets and discolored
Contact Boeing Commercial fairing lower webs were found in the aft
DEPARTMENT OF TRANSPORTATION Airplanes, P.O. Box 3707, Seattle, fairings of engine struts on several
Washington 98124–2207, for the service Model 777–200 and –300 series
Federal Aviation Administration information identified in this proposed airplanes. Gaps in the segmented heat
AD. shield in the strut aft fairings allow
14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: John engine primary/main exhaust to enter
[Docket No. FAA–2005–22874; Directorate Vann, Aerospace Engineer, Propulsion the heat shield cavity in the strut aft
Identifier 2005–NM–173–AD] Branch, ANM–140S, FAA, Seattle fairing. The temperature of the exhaust
Aircraft Certification Office, 1601 Lind that leaks into the heat shield cavity
RIN 2120–AA64 Avenue, SW., Renton, Washington exceeds the insulation blankets’
98055–4056; telephone (425) 917–6513; maximum design tolerance. Since the
Airworthiness Directives; Boeing
fax (425) 917–6590. insulation blankets provide thermal
Model 777–200 and –300 Series
SUPPLEMENTARY INFORMATION: protection for the aluminum fairing
Airplanes
lower web, degradation of an insulation
AGENCY: Federal Aviation Comments Invited blanket allows thermal distress of the
Administration (FAA), Department of We invite you to submit any relevant lower web and eventually, cracking of
Transportation (DOT). written data, views, or arguments the lower web. A cracked lower web is

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