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Federal Register / Vol. 70, No.

21 / Wednesday, February 2, 2005 / Proposed Rules 5387

of federal and Levin funds.’’ Shays at 300.32(c)(4) should be revised to apply (4) The disbursements for allocable
116–17. only to State, district, and local party Federal election activity may be paid for
The court stated that for a regulatory committees with combined receipts and entirely with Federal funds or may be
de minimis exemption to stand, an disbursements for FEA (whether allocated between Federal funds and
agency has the burden of demonstrating allocable or not) that together aggregate Levin funds according to 11 CFR 300.33.
that following the precise language of to less than $5,000 in a calendar year. * * * * *
the statute would lead to ‘‘absurd or See 2 U.S.C. 434(e)(2)(A). If a de
futile results,’’ or that the failure to Dated: January 27, 2005.
minimis exemption allowing for the
create a de minimis exemption would be exclusive use of Levin funds for Scott E. Thomas,
‘‘contrary to the primary legislative allocable Type 1&2 FEA were to apply Chairman, Federal Election Commission.
goal.’’ Shays at 117 (quoting only to State, district, and local party [FR Doc. 05–1891 Filed 2–1–05; 8:45 am]
Environmental Defense Fund v. EPA, 82 committees with FEA receipts and BILLING CODE 6715–01–P
F.3d 451, 466 (D.C. Cir. 1996) quoting, disbursements aggregating less than
in turn, State of Ohio v. EPA, 997 F.2d $5,000 in a calendar year, the exemption
1520, 1535 (D.C. Cir. 1993)). The court would then apply only to those DEPARTMENT OF TRANSPORTATION
addressed each of the Commission’s committees that are already statutorily
reasons for adopting the $5,000 exempt from having to report FEA Federal Aviation Administration
Exemption and found that the under the exception contained in 2
Commission had not met the burden of U.S.C. 434(e)(2)(A). The Commission 14 CFR Part 39
demonstrating that following the precise invites comment on whether adoption [Docket No. FAA–2005–20251; Directorate
statutory language would lead to absurd of this alternative proposal would Identifier 2004–NM–164–AD]
or futile results and had not shown that comport with the statutory intent of 2
the $5,000 Exemption comported with RIN 2120–AA64
U.S.C 441i(b).
BCRA’s purposes.5 Shays at
117. The court then remanded the Certification of No Effect Pursuant to 5 Airworthiness Directives; Raytheon
regulations to the Commission for U.S.C. 605(b) [Regulatory Flexibility Model Hawker 800XP Airplanes
further action consistent with its Act]
AGENCY: Federal Aviation
opinion. Shays at 130. The Commission certifies that the Administration (FAA), Department of
I. Proposed 11 CFR 300.32(c)(4)— attached proposed rules, if promulgated, Transportation (DOT).
Conditions and Restrictions on would not have a significant economic ACTION: Notice of proposed rulemaking
Spending Levin Funds impact on a substantial number of small (NPRM).
entities. The basis for this certification
Because the court found the $5,000 is that the State, district, and local party SUMMARY: The FAA proposes to adopt a
Exemption to be inconsistent with the committees of the two major political new airworthiness directive (AD) for
statutory intent of 2 U.S.C 441i(b) and parties are not small entities under 5 certain Raytheon Model Hawker 800XP
that the standards for upholding a de U.S.C. 601 because they are not small airplanes. This proposed AD would
minimis exemption had not been met, businesses, small organizations, or small require inspecting to detect damage of
the Commission proposes to delete the governmental jurisdictions. To the certain wiring in the flight
$5,000 Exemption from 11 CFR extent that other political party compartment, performing corrective
300.32(c)(4). Paragraph (c)(4) of the
committees may fall within the actions if necessary, modifying certain
proposed rule would require State,
definition of ‘‘small entities,’’ their wiring connections, and revising the
local, and district political party
number is not substantial. airplane flight manual. This proposed
committees to pay for all allocable FEA
AD is prompted by reports of miswiring
either entirely with Federal funds or List of Subjects in 11 CFR Part 300
in the power distribution system. We
with an allocation of Federal and Levin Campaign funds, Nonprofit are proposing this AD to ensure that the
funds pursuant to 11 CFR 300.33. The organizations, Political candidates,
Commission solicits comments on the flightcrew is aware of the source of
Political committees and parties, battery power for certain equipment,
proposed regulation. The Commission Reporting and recordkeeping
also invites comments on whether and to prevent damage to wiring and
requirements. surrounding equipment that could
following the precise language of BCRA For the reasons set out in the
would lead to ‘‘absurd or futile results,’’ result in smoke or fire on the airplane.
preamble, the Federal Election
absent promulgation of a de minimis DATES: We must receive comments on
Commission proposes to amend
exemption for disbursement of Levin this proposed AD by March 21, 2005.
subchapter C of chapter I of title 11 of
funds by State, district, and local the Code of Federal Regulations as ADDRESSES: Use one of the following
political party committees. follows: addresses to submit comments on this
proposed AD.
II. Alternative Proposal for 11 CFR
PART 300—NON-FEDERAL FUNDS • DOT Docket Web site: Go to
300.32(c)(4)
http://dms.dot.gov and follow the
Although not reflected in the attached 1. The authority citation for part 300 instructions for sending your comments
proposed rules, the Commission also would continue to read as follows: electronically.
seeks comments on whether 11 CFR Authority: 2 U.S.C. 434(e), 438(a)(8), • Government-wide rulemaking Web
441a(a), 441i, 453. site: Go to http://www.regulations.gov
5 The Commission has filed an appeal with the
2. Section 300.32 would be amended and follow the instructions for sending
U.S. Court of Appeals for the D.C. Circuit of certain
aspects of the Shays decision, including the court’s by revising paragraph (c)(4) to read as your comments electronically.
conclusion that the $5,000 Exemption is follows: • Mail: Docket Management Facility,
inconsistent with the statutory intent of 2 U.S.C U.S. Department of Transportation, 400
441i(b). The appeal is currently pending. In the § 300.32 Expenditures and disbursements
event the Commission prevails on appeal, the
Seventh Street SW., Nassif Building,
Commission may terminate this rulemaking * * * * * Room PL–401, Washington, DC 20590.
proceeding prior to adoption of final rules. (c) * * * • By fax: (202) 493–2251.

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5388 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Proposed Rules

• Hand Delivery: Room PL–401 on person at the Docket Management compartment, which includes replacing
the plaza level of the Nassif Building, Facility office between 9 a.m. and 5 a certain circuitbreaker switch with an
400 Seventh Street SW., Washington, p.m., Monday through Friday, except improved part, installing new busbars,
DC, between 9 a.m. and 5 p.m., Monday Federal holidays. The Docket and replacing a certain circuitbreaker
through Friday, except Federal holidays. Management Facility office (telephone with an improved part.
For service information identified in (800) 647–5227) is located on the plaza The service bulletin also specifies
this proposed AD, contact Raytheon level of the Nassif Building at the DOT revising the Emergency Procedures
Aircraft Company, Department 62, P.O. street address stated in the ADDRESSES section of the AFM to include a certain
Box 85, Wichita, Kansas 67201–0085. section. Comments will be available in temporary change. We have reviewed
You can examine the contents of this the AD docket shortly after the DMS Raytheon Hawker 800XP Temporary
AD docket on the Internet at http:// receives them. Change 140–590032–0005TC7, dated
dms.dot.gov, or in person at the Docket June 3, 2003, which is intended to
Discussion
Management Facility, U.S. Department inform the flightcrew which standby
of Transportation, 400 Seventh Street We have received a report indicating batteries provide power to what
SW., Room PL–401, on the plaza level that miswiring in the flight equipment once the actions in Raytheon
of the Nassif Building, Washington, DC. compartment has been found on Service Bulletin 24–3555, Revision 1,
This docket number is FAA–2005– Raytheon Model Hawker 800XP have been done.
20251; the directorate identifier for this airplanes. In one case, this miswiring Accomplishing the actions specified
docket is 2004–NM–164–AD. affects the radio emergency switch, in Raytheon Service Bulletin 24–3555,
which is intended to ensure that the Revision 1, is intended to adequately
FOR FURTHER INFORMATION CONTACT:
flightcrew is able to use navigation and address the unsafe condition.
Philip Petty, Aerospace Engineer, communication radios when the
Electrical Systems and Avionics, ACE– airplane batteries are depleted during an FAA’s Determination and Requirements
119W, FAA, Wichita Aircraft electrical emergency. However, of the Proposed AD
Certification Office, 1801 Airport Road, activating the radio emergency switch We have evaluated all pertinent
Room 100, Mid-Continent Airport, under normal aircraft operating information and identified an unsafe
Wichita, Kansas 67209; telephone (316) conditions links the 35-amp essential condition that is likely to exist or
946–4139; fax (316) 946–4107. radio bus and the radio emergency bus, develop on other airplanes of this same
SUPPLEMENTARY INFORMATION: which results in several wires being type design. Therefore, we are
Comments Invited connected to the 35-amp essential radio proposing this AD, which would require
bus without protection by circuit accomplishing the actions specified in
We invite you to submit any relevant breakers or fuses. If one of these wires the service information described
written data, views, or arguments were to short to ground or be exposed previously, except as discussed under
regarding this proposed AD. Send your to excessive current flow, wires, ‘‘Differences Between the Proposed AD
comments to an address listed under connectors, relays, or surrounding and Service Information.’’
ADDRESSES. Include ‘‘Docket No. FAA– circuits or equipment may be damaged.
2005–20251; Directorate Identifier Operating the radio emergency switch Clarification of Inspection Type
2004–NM–164–AD’’ in the subject line in accordance with the Emergency Raytheon Service Bulletin 24–3555,
of your comments. We specifically Procedures section of the airplane flight Revision 1, specifies visually inspecting
invite comments on the overall manual (AFM) will not cause the for damage of certain wiring in the flight
regulatory, economic, environmental, condition. In another case, miswiring compartment. We find that the
and energy aspects of the proposed AD. has resulted in battery no. 3 supplying procedures described in the service
We will consider all comments power to equipment that the Emergency bulletin constitute a detailed inspection.
submitted by the closing date and may Procedures section of the AFM Note 1 of this proposed AD defines what
amend the proposed AD in light of those identifies as being supplied by battery we mean by ‘‘detailed inspection.’’
comments. no. 4 and vice versa. These conditions,
We will post all comments we if not corrected, could cause the Differences Between the Proposed AD
receive, without change, to http:// flightcrew to be misled about the source and Service Information
dms.dot.gov, including any personal of battery power for certain equipment, Where Raytheon Service Bulletin 24–
information you provide. We will also or could lead to damage to wiring and 3555, Revision 1, specifies contacting
post a report summarizing each surrounding equipment that could the manufacturer for information on
substantive verbal contact with FAA result in smoke or fire on the airplane. certain actions, this proposed AD
personnel concerning this proposed AD. requires that, before further flight, you
Using the search function of that Web Relevant Service Information must contact the FAA. Then, before
site, anyone can find and read the We have reviewed Raytheon Service further flight, any applicable action
comments in any of our dockets, Bulletin 24–3555, Revision 1, dated specified by the FAA must be
including the name of the individual June 2004. Part 1 of the service bulletin accomplished in accordance with a
who sent the comment (or signed the describes procedures for visually method approved by the FAA.
comment on behalf of an association, inspecting for damage (primarily, but Raytheon Service Bulletin 24–3555,
business, labor union, etc.). You can not limited to, evidence of heat damage) Revision 1, specifies that, on certain
review DOT’s complete Privacy Act of wiring in the flight compartment. If airplanes equipped with Airshow Cabin
Statement in the Federal Register any damage is found, corrective actions Display, the actions in Raytheon Service
published on April 11, 2000 (65 FR include performing repairs, or replacing Bulletin 24–3664 must be done
19477–78), or you can visit http:// damaged wiring with new wiring and concurrently with or subsequent to the
dms.dot.gov. replacing, with new parts, any relays or actions in Part 2 of Raytheon Service
connectors from which damaged wiring Bulletin 24–3555, Revision 1. We have
Examining the Docket extends. Part 2 of the service bulletin determined that it is not necessary for
You can examine the AD docket on describes procedures for modifying this proposed AD to require
the Internet at http://dms.dot.gov, or in certain wiring connections in the flight accomplishing Raytheon Service

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Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Proposed Rules 5389

Bulletin 24–3664. It is possible to do all Although the Accomplishment Costs of Compliance


of the applicable actions in Raytheon Instructions of Raytheon Service There are about 45 airplanes of the
Service Bulletin 24–3555, Revision 1, Bulletin 24–3555, Revision 1, describe affected design in the worldwide fleet.
without first doing the actions in procedures for reporting compliance The following table provides the
Raytheon Service Bulletin 24–3664. with the service bulletin, this proposed estimated costs for U.S. operators to
AD would not require that action. comply with this proposed AD.

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

Inspection .............................................................. 18 $65 None $1,170 30 $35,100


Modification ........................................................... 6 65 $435 825 30 24,750

Authority for This Rulemaking section for a location to examine the the compliance times specified, unless the
regulatory evaluation. actions have already been done.
Title 49 of the United States Code
specifies the FAA’s authority to issue List of Subjects in 14 CFR Part 39 Service Information Reference
rules on aviation safety. Subtitle I, (f) The term ‘‘service bulletin,’’ as used in
section 106, describes the authority of Air transportation, Aircraft, Aviation this AD, means Raytheon Service Bulletin
the FAA Administrator. Subtitle VII, safety, Safety. 24–3555, Revision 1, dated June 2004.
Aviation Programs, describes in more The Proposed Amendment (1) Where the service bulletin specifies
detail the scope of the Agency’s contacting the manufacturer for information,
authority. Accordingly, under the authority this proposed AD requires, before further
We are issuing this rulemaking under delegated to me by the Administrator, flight, contacting the Manager, Wichita
the authority described in subtitle VII, the FAA proposes to amend 14 CFR part Aircraft Certification Office (ACO), FAA.
part A, subpart III, section 44701, 39 as follows: Then, before further flight, any applicable
action specified by the Manager, Wichita
‘‘General requirements.’’ Under that PART 39—AIRWORTHINESS ACO, must be accomplished in accordance
section, Congress charges the FAA with DIRECTIVES with a method approved by the Manager,
promoting safe flight of civil aircraft in Wichita ACO.
air commerce by prescribing regulations 1. The authority citation for part 39 (2) The service bulletin also refers to
for practices, methods, and procedures continues to read as follows: Raytheon Hawker 800XP Temporary Change
the Administrator finds necessary for Authority: 49 U.S.C. 106(g), 40113, 44701. 140–590032–0005TC7, dated June 3, 2003,
safety in air commerce. This regulation which is intended to be inserted into the
is within the scope of that authority § 39.13 [Amended] Emergency Procedures section of the airplane
because it addresses an unsafe condition 2. The FAA amends § 39.13 by adding flight manual to inform the flightcrew which
that is likely to exist or develop on the following new airworthiness standby batteries provide power to what
products identified in this rulemaking equipment once the actions in the service
directive (AD):
action. bulletin have been done.
Raytheon Aircraft Company: Docket No. (3) Where the service bulletin specifies to
Regulatory Findings FAA–2005–20251; Directorate Identifier report compliance information to the
2004–NM–164–AD. manufacturer, this AD does not include that
We have determined that this
proposed AD would not have federalism Comments Due Date requirement.
implications under Executive Order (a) The Federal Aviation Administration Inspection
13132. This proposed AD would not (FAA) must receive comments on this AD (g) Within 50 flight hours or 30 days after
have a substantial direct effect on the action by March 21, 2005. the effective date of this AD, whichever is
States, on the relationship between the Affected ADs first: Perform a detailed inspection for
National Government and the States, or damage (primarily but not limited to
(b) None.
on the distribution of power and evidence of heat damage) of wiring in the
responsibilities among the various Applicability flight compartment, and all applicable
levels of government. (c) This AD applies to Raytheon Model corrective actions, by doing all actions in part
For the reasons discussed above, I Hawker 800XP airplanes, certificated in any 1 of the Accomplishment Instructions of the
certify that the proposed regulation: category, serial numbers 258541, 258556, and service bulletin, except as provided by
1. Is not a ‘‘significant regulatory 258567 through 258608 inclusive. paragraphs (f)(1) and (f)(3) of this AD. Any
action’’ under Executive Order 12866; applicable corrective action must be done
Unsafe Condition
before further flight.
2. Is not a ‘‘significant rule’’ under the (d) This AD was prompted by reports of
DOT Regulatory Policies and Procedures Note 1: For the purposes of this AD, a
miswiring in the power distribution system.
(44 FR 11034, February 26, 1979); and detailed inspection is: ‘‘An intensive
We are issuing this AD to ensure that the
examination of a specific item, installation,
3. Will not have a significant flightcrew is aware of the source of battery
power for certain equipment, and to prevent or assembly to detect damage, failure, or
economic impact, positive or negative, irregularity. Available lighting is normally
on a substantial number of small entities damage to wiring and surrounding
equipment that could result in smoke or fire supplemented with a direct source of good
under the criteria of the Regulatory lighting at an intensity deemed appropriate.
on the airplane.
Flexibility Act. Inspection aids such as mirror, magnifying
We prepared a regulatory evaluation Compliance lenses, etc., may be necessary. Surface
of the estimated costs to comply with (e) You are responsible for having the cleaning and elaborate procedures may be
this proposed AD. See the ADDRESSES actions required by this AD performed within required.’’

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5390 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Proposed Rules

Modification reduced cyclic limit, and removing substantive part of this proposed AD,
(h) At the applicable time specified in other affected disks before exceeding we will summarize the contact and
paragraph (h)(1) or (h)(2) of this AD, modify their cyclic limits, using a drawdown place the summary in the docket. We
wiring in the flight compartment by doing all schedule. That proposal resulted from will consider all comments received by
actions in accordance with part 2 of the the discovery of cracks in the cooling air the closing date and may amend the
Accomplishment Instructions of the service hole areas of the disk front spacer arm. proposed AD in light of those
bulletin. Following accomplishment of the This Supplemental Notice of Proposed comments.
actions in part 2 of the service bulletin,
before further flight, do all actions associated
Rulemaking (SNPRM) revises the Examining the AD Docket
with the functional test, including revising proposed rule by correcting certain
the Emergency Procedures section of the cycle life limits specified in Table 3 of You may examine the AD Docket
Raytheon Hawker 800XP Airplane Flight that AD and by clarifying certain (including any comments and service
Manual to include the information in inspections. We are proposing this AD information), by appointment, between
Temporary Change Part Number 140– to prevent IP compressor stage 5 disk 8 a.m. and 4:30 p.m., Monday through
590032–0005TC7, in accordance with the failure, which could result in Friday, except Federal holidays. See
Accomplishment Instructions of the service uncontained engine failure and possible ADDRESSES for the location.
bulletin. damage to the airplane.
(1) If no damage was found during the Discussion
inspection required by paragraph (g) of this DATES: Comments must be received by
On October 21, 2003 we issued a
AD: Do paragraph (h) within 300 flight hours April 4, 2005. proposal to amend part 39 of the Federal
or 180 days after the effective date of this AD, ADDRESSES: Use one of the following Aviation Regulations (14 CFR part 39) to
whichever is first. addresses to comment on this proposed
(2) If any damage is found during the
add an AD to apply to RR RB211–524
AD: series turbofan engines, with certain P/
inspection required by paragraph (g) of this • By mail: Federal Aviation
AD: Do paragraph (h) before further flight N IP compressor stage 5 disks installed.
Administration (FAA), New England The Office of the Federal Register
after the damage is found.
Region, Office of the Regional Counsel, published that proposal as a notice of
Alternative Methods of Compliance Attention: Rules Docket No. 2002–NE–
(AMOCs)
proposed rulemaking (NPRM) in the
40–AD, 12 New England Executive Park, Federal Register on October 27, 2003
(i) The Manager, Wichita ACO, has the Burlington, MA 01803–5299. (68 FR 61158). That NPRM would have
authority to approve AMOCs for this AD, if • By fax: (781) 238–7055. required new reduced IP compressor
requested in accordance with the procedures • By e-mail: 9-ane- stage 5 disk cyclic limits. The NPRM
found in 14 CFR 39.19. adcomment@faa.gov. also required removing from service
Issued in Renton, Washington, on January You can get the service information
affected disks that already exceed the
26, 2005. identified in this proposed AD from
new reduced cyclic limit, and removing
Ali Bahrami, Rolls-Royce plc, PO Box 31 Derby,
other affected disks before exceeding
Manager, Transport Airplane Directorate, DE248BJ, United Kingdom; telephone
their cyclic limits, using a drawdown
Aircraft Certification Service. 011–44–1332–242424; fax 011–44–
schedule. That NPRM resulted from the
[FR Doc. 05–1925 Filed 2–1–05; 8:45 am] 1332–249936.
discovery of cracks in the cooling air
You may examine the AD docket, by
BILLING CODE 4910–13–P hole areas of the disk front spacer arm.
appointment, at the FAA, New England
That condition, if not corrected, could
Region, Office of the Regional Counsel,
result in IP compressor stage 5 disk
DEPARTMENT OF TRANSPORTATION 12 New England Executive Park,
failure, which could result in
Burlington, MA.
uncontained engine failure and possible
Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Ian damage to the airplane.
Dargin, Aerospace Engineer, Engine Since we issued that NPRM, we found
14 CFR Part 39 Certification Office, FAA, Engine and an error in Table 3 at the date December
[Docket No. 2002–NE–40–AD] Propeller Directorate, 12 New England 1, 2008 row. The cycle life limits in
Executive Park, Burlington, MA 01803– columns 4 and 5 of this row were
RIN 2120–AA64 5299; telephone (781) 238–7178; fax written incorrectly as 12,000. We have
(781) 238–7199. corrected those cycle life limits to 8,900
Airworthiness Directives; Rolls-Royce
plc RB211–524 Series Turbofan SUPPLEMENTARY INFORMATION: and 9,000 CIS, respectively. We have
Engines Comments Invited removed the phrase ‘‘one-time’’ in
reference to on-wing inspections. We
AGENCY: Federal Aviation We invite you to submit any written also added a sentence to clarify that an
Administration, DOT. relevant data, views, or arguments on-wing inspection may be used to
ACTION: Supplemental notice of regarding this proposal. Send your extend service life only once between
proposed rulemaking; reopening of comments to an address listed under shop visit inspections of the disk.
comment period. ADDRESSES. Include ‘‘AD Docket No. Since these changes expand the scope
2002–NE–40–AD’’ in the subject line of of the originally proposed rule, we
SUMMARY: This notice revises an earlier your comments. If you want us to determined that it is necessary to reopen
proposed airworthiness directive (AD), acknowledge receipt of your mailed the comment period to provide
applicable to Rolls Royce plc (RR) comments, send us a self-addressed, additional opportunity for public
RB211–524 series turbofan engines with stamped postcard with the docket comment.
certain part number (P/N) intermediate number written on it; we will date-
pressure (IP) compressor stage 5 disks stamp your postcard and mail it back to Manufacturer’s Service Information
installed. That proposal required new you. We specifically invite comments We have reviewed and approved the
reduced IP compressor stage 5 disk on the overall regulatory, economic, technical contents of RR Mandatory
cyclic limits. That proposal also environmental, and energy aspects of Service Bulletin (MSB) No. RB.211–72–
required removing from service affected the proposed AD. If a person contacts us D428, Revision 3, dated June 30, 2003,
disks that already exceed the new verbally, and that contact relates to a that specifies a drawdown schedule for

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