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Proposed Rules Federal Register

Vol. 70, No. 104

Wednesday, June 1, 2005

This section of the FEDERAL REGISTER Lind Avenue, SW., Renton, Washington Regulatory Impact
contains notices to the public of the proposed 98055–4056; telephone (425) 227–2125; Since this action only withdraws an
issuance of rules and regulations. The fax (425) 227–1149.
purpose of these notices is to give interested NPRM, it is neither a proposed nor a
SUPPLEMENTARY INFORMATION: final rule and therefore is not covered
persons an opportunity to participate in the
rule making prior to the adoption of the final Discussion under Executive Order 12866, the
rules. Regulatory Flexibility Act, or DOT
We proposed to amend part 39 of the Regulatory Policies and Procedures (44
Federal Aviation Regulations (14 CFR FR 11034, February 26, 1979).
DEPARTMENT OF TRANSPORTATION part 39) with a notice of proposed
rulemaking (NPRM) for a new AD for List of Subjects in 14 CFR Part 39
Federal Aviation Administration certain Gulfstream Aerospace LP Model Air transportation, Aircraft, Aviation
Galaxy and Gulfstream 200 airplanes. safety, Safety.
14 CFR Part 39 That NPRM was published in the
Federal Register on November 10, 2004 The Withdrawal
[Docket No. FAA–2004–19565; Directorate
(69 FR 65095). The NPRM would have Accordingly, we withdraw the NPRM,
Identifier 2004–NM–104–AD]
required inspecting for incorrect torque Docket No. FAA–2004–19565;
RIN 2120–AA64 of the retaining bolt of the aft trunnion Directorate Identifier 2004–NM–104–
of the main landing gear (MLG), and for AD, which was published in the Federal
Airworthiness Directives; Gulfstream associated damage to certain Register on November 10, 2004 (69 FR
Aerospace LP Model Galaxy and components, and adjustments or repairs 65095).
Gulfstream 200 Airplanes if necessary. The NPRM was prompted
Issued in Renton, Washington, on May 23,
AGENCY: Federal Aviation by a report of a rumbling sound heard 2005.
Administration (FAA), Department of by the flightcrew during takeoff, and the
Ali Bahrami,
Transportation (DOT). rumbling stopped after the MLG was
retracted. The proposed actions were Manager, Transport Airplane Directorate,
ACTION: Proposed rule; withdrawal. Aircraft Certification Service.
intended to prevent damage to the
SUMMARY: The FAA withdraws a notice retaining bolt and bearing of the aft [FR Doc. 05–10869 Filed 5–31–05; 8:45 am]
of proposed rulemaking (NPRM) that trunnion of the MLG, which could BILLING CODE 4910–13–P

proposed a new airworthiness directive result in reduced structural integrity of

(AD) for certain Gulfstream Aerospace the MLG and consequent reduced
controllability of the airplane on the DEPARTMENT OF TRANSPORTATION
LP Model Galaxy and Gulfstream 200
airplanes. That action would have ground. Federal Aviation Administration
required inspecting for incorrect torque Actions Since NPRM Was Issued
of the retaining bolt of the aft trunnion 14 CFR Part 39
of the main landing gear (MLG), and for Since the issuance of that NPRM, the
associated damage to certain airplane manufacturer has provided us [Docket No. FAA–2005–21239; Directorate
components, and adjustments or repairs with data that indicate that the Identifier 2005–CE–27–AD]
if necessary. Since the issuance of the identified unsafe condition (damage to
RIN 2120–AA64
NPRM, we have received new data that the retaining bolt and bearing of the aft
the identified unsafe condition has been trunnion of the MLG, which could Airworthiness Directives; Raytheon
corrected on 100% of the affected result in reduced structural integrity of Aircraft Company, Model 390, Premier
worldwide fleet. Accordingly, the the MLG and consequent reduced 1 Airplanes
NPRM is withdrawn. controllability of the airplane on the
ground) has already been corrected on AGENCY: Federal Aviation
ADDRESSES: You can examine the AD Administration (FAA), DOT.
100% of the affected worldwide fleet.
docket on the Internet at http://
The actions required by the NPRM have ACTION: Notice of proposed rulemaking
dms.dot.gov, or in person at the Docket
been accomplished on all affected (NPRM).
Management Facility office between 9 airplanes; therefore, the unsafe
a.m. and 5 p.m., Monday through condition no longer exists on the subject SUMMARY: The FAA proposes to adopt a
Friday, except Federal holidays. The airplanes. new airworthiness directive (AD) for
Docket Management Facility office certain Raytheon Aircraft Company
(telephone (800) 647–5227) is located on FAA’s Conclusions (Raytheon), Model 390, Premier 1
the plaza level of the Nassif Building at Upon further consideration, we have airplanes. This proposed AD would
the U.S. Department of Transportation, determined that the actions that would require you to install a kit to correct
400 Seventh Street SW., room PL–401, have been required by the NPRM have chafing conditions in the powerplant
Washington, DC. This docket number is already been done on all affected left hand and right hand engine
FAA–2004–19565; the directorate airplanes, and the identified unsafe installations. This proposed AD results
identifier for this docket is 2004–NM– condition has been corrected. from reports of inadequate left hand and
104–AD. Accordingly, the NPRM is withdrawn. right hand engine assembly cable, wire,
FOR FURTHER INFORMATION CONTACT: Dan Withdrawal of the NPRM does not and hose routing clearance. We are
Rodina, Aerospace Engineer, preclude the FAA from issuing another issuing this proposed AD to detect and
International Branch, ANM–116, FAA, related action or commit the FAA to any correct chafing conditions in the engine
Transport Airplane Directorate, 1601 course of action in the future. installation, which could result in

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31394 Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Proposed Rules

leaking flammable fluids near an function of our docket web site, anyone determined that the cause of the unsafe
ignition source. This failure could lead can find and read the comments condition relates to the design and
to fire damage or loss of airplane received into any of our dockets, quality control.
control. including the name of the individual Raytheon has developed a kit and
DATES: We must receive any comments who sent the comment (or signed the service information to correct the
on this proposed AD by August 1, 2005. comment on behalf of an association, chafing conditions.
business, labor union, etc.). This is What is the potential impact if FAA
ADDRESSES: Use one of the following to
docket number FAA–2005–21239; took no action? The existence of chafing
submit comments on this proposed AD:
Directorate Identifier 2005–CE–27–AD.
• DOT Docket Web site: Go to conditions in the engine installation
You may review the DOT’s complete could result in leaking flammable fluids
http://dms.dot.gov and follow the
Privacy Act Statement in the Federal near an ignition source. This failure
instructions for sending your comments
Register published on April 11, 2000 could lead to fire damage or loss of
(65 FR 19477–78) or you may visit
• Government-wide rulemaking Web airplane control.
site: Go to http://www.regulations.gov Is there service information that
Are there any specific portions of this
and follow the instructions for sending proposed AD I should pay attention to? applies to this subject? Raytheon has
your comments electronically. We specifically invite comments on the issued Service Bulletin No. SB 71–3685,
• Mail: Docket Management Facility; Issued May 2005.
overall regulatory, economic,
U.S. Department of Transportation, 400 What are the provisions of this service
environmental, and energy aspects of
Seventh Street, SW., Nassif Building, information? The service bulletin
this proposed AD. If you contact us
Room PL–401, Washington, DC 20590– includes procedures for correcting
through a nonwritten communication
001. and that contact relates to a substantive chafing conditions in the engine
• Fax: 1–202–493–2251. installation.
• Hand Delivery: Room PL–401 on part of this proposed AD, we will
summarize the contact and place the FAA’s Determination and Requirements
the plaza level of the Nassif Building,
summary in the docket. We will of This Proposed AD
400 Seventh Street, SW., Washington,
consider all comments received by the
DC, between 9 a.m. and 5 p.m., Monday
closing date and may amend this What has FAA decided? We have
through Friday, except Federal holidays.
To get the service information proposed AD in light of those comments evaluated all pertinent information and
identified in this proposed AD, contact and contacts. identified an unsafe condition that is
Raytheon Aircraft Company, P.O. Box likely to exist or develop on other
Docket Information
85, Wichita, Kansas 67201–0085; products of this same type design. For
Where can I go to view the docket this reason, we are proposing AD action.
telephone: (800) 429–5372 or 316–676– information? You may view the AD
3140. What would this proposed AD
docket that contains the proposal, any require? This proposed AD would
To view the comments to this comments received, and any final
proposed AD, go to http://dms.dot.gov. require you to incorporate the actions in
disposition in person at the DMS Docket the previously-referenced service
The docket number is FAA–2005– Offices between 9 a.m. and 5 p.m.
21239; Directorate Identifier 2005–CE– bulletin.
(eastern standard time), Monday
27–AD. How does the revision to 14 CFR part
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: 39 affect this proposed AD? On July 10,
The Docket Office (telephone 1–800–
James P. Galstad, Aerospace Engineer, 2002, we published a new version of 14
647–5227) is located on the plaza level
FAA, Wichita ACO, 1801 Airport Road, CFR part 39 (67 FR 47997, July 22,
of the Department of Transportation
Wichita, Kansas 67209; telephone: (316) 2002), which governs FAA’s AD system.
NASSIF Building at the street address
946–4135; facsimile: (316) 946–4107. This regulation now includes material
stated in ADDRESSES. You may also view
SUPPLEMENTARY INFORMATION: that relates to altered products, special
the AD docket on the Internet at
flight permits, and alternative methods
Comments Invited http://dms.dot.gov. The comments will
of compliance. This material previously
be available in the AD docket shortly
How do I comment on this proposed was included in each individual AD.
after the DMS receives them.
AD? We invite you to submit any Since this material is included in 14
written relevant data, views, or Discussion CFR part 39, we will not include it in
arguments regarding this proposal. Send What events have caused this future AD actions.
your comments to an address listed proposed AD? The FAA has received Costs of Compliance
under ADDRESSES. Include the docket reports of chafing conditions in the
number, ‘‘FAA–2005–21239; Directorate powerplant left hand and right hand How many airplanes would this
Identifier 2005–CE–27–AD’’ at the engine assembly cable, wire, and hose proposed AD impact? We estimate that
beginning of your comments. We will routing clearance. The incidents of this proposed AD affects 74 airplanes in
post all comments we receive, without chafing have been reported on airplane the U.S. registry.
change, to http://dms.dot.gov, including serial numbers: RB–20, RB–50, and RB– What would be the cost impact of this
any personal information you provide. 101. proposed AD on owners/operators of the
We will also post a report summarizing Investigation revealed that the areas of affected airplanes? We estimate the
each substantive verbal contact with concern include control cables, wiring following costs to do this proposed
FAA personnel concerning this harnesses, fluid and drain hoses, and installation of the kit to correct chafing
proposed rulemaking. Using the search support structure. Further, FAA has conditions in the engine installation:

Total cost per Total cost on

Labor cost Parts cost airplane U.S. operators

16 work hours × $65 = $1,040 .................................................................................................... $1,775 $2,815 $208,310

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Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Proposed Rules 31395

The labor and part costs are covered Would this proposed AD involve a Authority: 49 U.S.C. 106(g), 40113, 44701.
by Raytheon Aircraft Company significant rule or regulatory action? For
§ 39.13 [Amended]
warranty. the reasons discussed above, I certify
that this proposed AD: 2. The FAA amends § 39.13 by adding
Authority for This Rulemaking
1. Is not a ‘‘significant regulatory the following new airworthiness
What authority does FAA have for action’’ under Executive Order 12866; directive (AD):
issuing this rulemaking action? Title 49 2. Is not a ‘‘significant rule’’ under the Raytheon Aircraft Company: Docket No.
of the United States Code specifies the DOT Regulatory Policies and Procedures FAA–2005–21239; Directorate Identifier
FAA’s authority to issue rules on (44 FR 11034, February 26, 1979); and 2005–CE–27–AD
aviation safety. Subtitle I, Section 106 3. Will not have a significant
describes the authority of the FAA economic impact, positive or negative, When Is the Last Date I Can Submit
Administrator. Subtitle VII, Aviation Comments on This Proposed AD?
on a substantial number of small entities
Programs, describes in more detail the under the criteria of the Regulatory (a) We must receive comments on this
scope of the agency’s authority. Flexibility Act. proposed airworthiness directive (AD) by
We are issuing this rulemaking under August 1, 2005.
We prepared a summary of the costs
the authority described in subtitle VII,
to comply with this proposed AD (and What Other ADs Are Affected by This
part A, subpart III, section 44701, Action?
other information as included in the
‘‘General requirements.’’ Under that
Regulatory Evaluation) and placed it in (b) None.
section, Congress charges the FAA with
the AD Docket. You may get a copy of
promoting safe flight of civil aircraft in What Airplanes Are Affected by This AD?
this summary by sending a request to us
air commerce by prescribing regulations (c) This AD affects Model 390 Premier I
at the address listed under ADDRESSES.
for practices, methods, and procedures airplanes that:
Include ‘‘AD Docket FAA–2005–21239;
the Administrator finds necessary for (1) Incorporate a serial number of RB–1,
Directorate Identifier 2005–CE–27–AD’’ RB–4 through RB–84, RB–87 through RB–90,
safety in air commerce. This regulation
in your request. RB–92 through RB–96, RB–98 through RB–
is within the scope of that authority
because it addresses an unsafe condition List of Subjects in 14 CFR Part 39 101, and RB–103 through RB–107; and
that is likely to exist or develop on (2) Are certificated in any category.
Air transportation, Aircraft, Aviation
products identified in this AD. What Is the Unsafe Condition Presented in
safety, Safety. This AD?
Regulatory Findings
The Proposed Amendment (d) This AD is the result of reports of
Would this proposed AD impact inadequate left hand and right hand engine
various entities? We have determined Accordingly, under the authority
assembly cable, wire, and hose routing
that this proposed AD would not have delegated to me by the Administrator, clearance. The actions specified in this AD
federalism implications under Executive the Federal Aviation Administration are intended to detect and correct chafing
Order 13132. This proposed AD would proposes to amend 14 CFR part 39 as conditions in the engine installation, which
not have a substantial direct effect on follows: could result in leaking flammable fluids near
the States, on the relationship between an ignition source. This failure could lead to
PART 39—AIRWORTHINESS fire damage or loss of airplane control.
the national Government and the States, DIRECTIVES
or on the distribution of power and What Must I Do To Address This Problem?
responsibilities among the various 1. The authority citation for part 39 (e) To address this problem, you must do
levels of government. continues to read as follows: the following:

Actions Compliance Procedures

Install Kit No. 390–9104–0001 to correct chaf- At the first 100 hour or annual inspection that Follow Raytheon Aircraft Company Mandatory
ing conditions in the powerplant left hand and occurs following the next 30 days after the Service Bulletin No. SB 71–3685, Issued
right hand engine assembly cable, wire, and effective date of this AD, unless already May 2005.
hose routing clearance. done.

May I Request an Alternative Method of Aircraft Company, P.O. Box 85, Wichita, DEPARTMENT OF TRANSPORTATION
Compliance? Kansas 67201–0085; telephone: (800) 429–
(f) You may request a different method of 5372 or 316–676–3140 or 316–676–3140. To Federal Aviation Administration
compliance or a different compliance time view the AD docket, go to the Docket
for this AD by following the procedures in 14 Management Facility; U.S. Department of 14 CFR Part 39
CFR 39.19. Unless FAA authorizes otherwise, Transportation, 400 Seventh Street, SW.,
send your request to your principal Nassif Building, Room PL–401, Washington, [Docket No. FAA–2005–20501; Directorate
inspector. The principal inspector may add DC, or on the Internet at http://dms.dot.gov. Identifier 2004–NM–251–AD]
comments and will send your request to the The docket number is Docket No. FAA–
Manager, Wichita Aircraft Certification Office RIN 2120–AA64
2005–21239; Directorate Identifier 2005–CE–
(ACO), FAA. For information on any already
27–AD. Airworthiness Directives; Empresa
approved alternative methods of compliance,
contact James P. Galstad, Aerospace Issued in Kansas City, Missouri, on May Brasileira de Aeronautica S.A.
Engineer, FAA, Wichita ACO, 1801 Airport 24, 2005. (EMBRAER) Model ERJ 170 Series
Road, Wichita, Kansas 67209; telephone: David R. Showers, Airplanes
(316) 946–4135; facsimile: (316) 946–4107.
Acting Manager, Small Airplane Directorate, AGENCY: Federal Aviation
May I Get Copies of the Documents Aircraft Certification Service. Administration (FAA), Department of
Referenced in This AD? [FR Doc. 05–10865 Filed 5–31–05; 8:45 am] Transportation (DOT).
(g) To get copies of the documents BILLING CODE 4910–13–P ACTION: Proposed rule; withdrawal.
referenced in this AD, contact Raytheon

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