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39242 Federal Register / Vol. 71, No.

133 / Wednesday, July 12, 2006 / Proposed Rules

DEPARTMENT OF TRANSPORTATION be formatted in Microsoft Word 97 or statement is made: ‘‘Comments to


2000 or ASCII text. Docket Number 96–NM–143–AD.’’ The
Federal Aviation Administration The service information referenced in postcard will be date stamped and
the proposed rule may be obtained from returned to the commenter.
14 CFR Part 39 Gulfstream Aerospace Corporation,
Availability of NPRMs
Technical Publications Dept., P.O. Box
[Docket No. 96–NM–143–AD] 2206, Savannah, Georgia 31402–2206. Any person may obtain a copy of this
This information may be examined at second supplemental NPRM by
RIN 2120–AA64
the FAA, Transport Airplane submitting a request to the FAA,
Airworthiness Directives; Gulfstream Directorate, 1601 Lind Avenue, SW., Transport Airplane Directorate, ANM–
Aerospace Model G–159 Airplanes Renton, Washington; or at the FAA, 114, Attention: Rules Docket No. 96–
Atlanta Aircraft Certification Office, NM–143–AD, 1601 Lind Avenue, SW.,
AGENCY: Federal Aviation One Crown Center, 1895 Phoenix Renton, Washington 98055–4056.
Administration (FAA), Department of Boulevard, suite 450, Atlanta, Georgia.
Transportation (DOT). Discussion
FOR FURTHER INFORMATION CONTACT:
ACTION: Supplemental notice of Michael Cann, Aerospace Engineer, A proposal to amend part 39 of the
proposed rulemaking; reopening of Airframe Branch, ACE–117A, FAA, Federal Aviation Regulations (14 CFR
comment period. Atlanta Aircraft Certification Office, part 39) to add an airworthiness
One Crown Center, 1895 Phoenix directive (AD), applicable to all
SUMMARY: This document revises an
Boulevard, Suite 450, Atlanta, Georgia Gulfstream Aerospace Corporation
earlier supplemental notice of proposed 30349; telephone (770) 703–6038; fax
rulemaking (NPRM), applicable to all Model G–159 airplanes, was published
(770) 703–6097. as a supplemental notice of proposed
Gulfstream Aerospace Corporation
SUPPLEMENTARY INFORMATION: rulemaking (NPRM) in the Federal
Model G–159 airplanes, that would have
required repetitive non-destructive Comments Invited Register on March 21, 2006 (71 FR
testing inspections to detect corrosion of 14123). The first supplemental NPRM
Interested persons are invited to would have required repetitive non-
the skin of certain structural assemblies,
participate in the making of the destructive testing inspections to detect
and corrective action if necessary. The
proposed rule by submitting such corrosion of the skin of certain
first supplemental NPRM also would
written data, views, or arguments as structural assemblies, and corrective
have required x-ray and ultrasonic
they may desire. Communications shall action if necessary. The first
inspections to detect corrosion and
identify the Rules Docket number and supplemental NPRM also would have
cracking of the splicing of certain
be submitted in triplicate to the address required x-ray and ultrasonic
structural assemblies, and repair if
specified above. All communications inspections to detect corrosion and
necessary. This new action revises the
received on or before the closing date cracking of the splicing of certain
proposed rule by limiting the time
for comments, specified above, will be structural assemblies, and repair if
certain repetitive inspections may be
considered before taking action on the necessary. The first supplemental
repeated before corrective action must
proposed rule. The proposals contained NPRM was prompted by reports
be taken. The actions specified by this
in this action may be changed in light indicating corrosion had been detected
new proposed supplemental AD are
of the comments received. in a larger area than previously
intended to detect and correct corrosion
Submit comments using the following reported. That condition, if not detected
and cracking of the lower wing plank
format: and corrected, could result in cracking
splices and spot-welded skins of certain • Organize comments issue-by-issue.
structural assemblies, which could of the lower wing plank splices and
For example, discuss a request to spot-welded skins of certain structural
result in reduced controllability of the change the compliance time and a
airplane. This action is intended to assemblies, which could result in
request to change the service bulletin reduced controllability of the airplane.
address the identified unsafe condition. reference as two separate issues. That action was intended to address the
DATES: Comments must be received by • For each issue, state what specific identified unsafe condition.
August 7, 2006. change to the proposed AD is being
ADDRESSES: Submit comments in requested. Comments
triplicate to the Federal Aviation • Include justification (e.g., reasons or Due consideration has been given to
Administration (FAA), Transport data) for each request. the comments received in response to
Airplane Directorate, ANM–114, Comments are specifically invited on the first supplemental NPRM.
Attention: Rules Docket No. 96–NM– the overall regulatory, economic,
143–AD, 1601 Lind Avenue, SW., environmental, and energy aspects of Request To Clarify Paragraph (a)(3) of
Renton, Washington 98055–4056. the proposed rule. All comments the Supplemental NPRM
Comments may be inspected at this submitted will be available, both before
location between 9 a.m. and 3 p.m., and after the closing date for comments, The manufacturer, Gulfstream,
Monday through Friday, except Federal in the Rules Docket for examination by requests that the inspection specified in
holidays. Comments may be submitted interested persons. A report paragraph (a)(3) of the NPRM be revised
via fax to (425) 227–1232. Comments summarizing each FAA-public contact to specify that the airplane may remain
may also be sent via the Internet using concerned with the substance of this in service for up to 18 months with a
the following address: 9-anm- proposal will be filed in the Rules proviso that repeat x-ray inspections are
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nprmcomment@faa.gov. Comments sent Docket. accomplished at 9-month intervals until


via fax or the Internet must contain Commenters wishing the FAA to rework or replacement is accomplished.
‘‘Docket No. 96–NM–143–AD’’ in the acknowledge receipt of their comments We agree that further clarification is
subject line and need not be submitted submitted in response to this action necessary for paragraph (a)(3) of this
in triplicate. Comments sent via the must submit a self-addressed, stamped second supplemental NPRM and have
Internet as attached electronic files must postcard on which the following revised paragraph (a)(3) accordingly.

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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Proposed Rules 39243

Request To Clarify the Areas of acknowledge that Gulfstream CB 337B, Cost Impact
Inspection dated August 17, 2005, refers to the There are approximately 52 airplanes
The same commenter, Gulfstream, AMM, and that the AMM specifies of the affected design in the worldwide
would like us to clarify the ‘‘Summary’’ certain repetitive inspection intervals. fleet. The FAA estimates that 25
section of the first supplemental NPRM. Since the ‘‘Differences Between the CB airplanes of U.S. registry would be
The commenter states that Customer and the Proposed AD’’ section does not affected by this proposed AD, that it
Bulletin (CB) 337B, dated August 17, reappear in this supplemental AD, no would take approximately between 300
2005 expands only the wing lower change to this supplemental NPRM is and 450 work hours per airplane,
plank inspection from WS 40 to WS necessary. depending upon how many spot-welded
310. Gulfstream points out that all other Request To Change Reporting Address skins have been replaced with bonded
areas identified within CB 337, Revision Gulfstream requests that we update
skin panels, to accomplish the proposed
B, were established as part of the the address where the reporting
actions, and that the average labor rate
original CB inspection criteria. requirements are to be sent.
is $80 per work hour. Based on these
We acknowledge the commenter’s We agree to change the address for the figures, the cost impact of the proposed
point. However, the intent of the first reporting requirements and have revised AD on U.S. operators is estimated to be
supplemental NPRM was to specify that this supplemental NPRM accordingly. between $600,000 and $900,000, or
the wing lower plank inspection was between $24,000 and $36,000 per
being added to the proposed Editorial Change airplane per inspection cycle.
requirements of the original NPRM. The We have also revised paragraph (f) of The cost impact figure discussed
proposed requirements are in this supplemental NPRM to remove the above is based on assumptions that no
accordance with Gulfstream GI CB phrase, ‘‘as defined by paragraphs (f)(1) operator has yet accomplished any of
337B, dated August 17, 2005. No change and (f)(2) of this AD:’’. That phrase was the proposed requirements of this AD
is necessary to this supplemental NPRM intended to define new lower wing action, and that no operator would
as a result of that comment. planks based on when the new lower accomplish those actions in the future if
wing planks were installed. We this AD were not adopted. The cost
Request To Clarify Reference to
removed that phrase, since the impact figures discussed in AD
‘‘Exfoliation’’ Corrosion
compliance time (within 144 months rulemaking actions represent only the
Gulfstream also requests that we after replacement of the lower wing time necessary to perform the specific
clarify the reference to ‘‘exfoliation’’ in planks with new lower wing planks, or actions actually required by the AD.
the ‘‘Relevant Customer Bulletin’’ within 9 months after the effective date These figures typically do not include
section of the preamble of the of this AD, whichever occurs later) is incidental costs, such as the time
supplemental NPRM by changing the the same for all new lower wing planks. required to gain access and close up,
reference to ‘‘inter-granular/exfoliation’’ planning time, or time necessitated by
corrosion. Gulfstream states that, in Conclusion other administrative actions.
order to convey the nature of this type Since these changes expand the scope
of corrosion, it is important to Authority for This Rulemaking
of the first supplemental NPRM, the
understand that inter-granular starts FAA has determined that it is necessary Title 49 of the United States Code
first with the visible result, exfoliation, to reopen the comment period to specifies the FAA’s authority to issue
typically following significant structural provide additional opportunity for rules on aviation safety. Subtitle I,
damage. Gulfstream further notes that public comment. Section 106, describes the authority of
inter-granular corrosion often cannot be the FAA Administrator. Subtitle VII,
visibly seen as it goes down from the Changes to 14 CFR Part 39/Effect on the Aviation Programs, describes in more
surface, transitions sideways following Proposed AD detail the scope of the Agency’s
the boundary layer for a distance, and On July 10, 2002, the FAA issued a authority.
cannot be seen without non-destructive new version of 14 CFR part 39 (67 FR We are issuing this rulemaking under
testing (NDT) inspection. 47997, July 22, 2002), which governs the the authority described in Subtitle VII,
We acknowledge the commenter’s FAA’s airworthiness directives system. Part A, Subpart III, Section 44701,
clarification regarding the reference to The regulation now includes material ‘‘General requirements.’’ Under that
exfoliation in the supplemental NPRM. that relates to altered products, special section, Congress charges the FAA with
However, since the description of the flight permits, and alternative methods promoting safe flight of civil aircraft in
‘‘Relevant Customer Bulletin’’ does not of compliance (AMOCs). These changes air commerce by prescribing regulations
reappear in this supplemental NPRM, it are reflected in this supplemental for practices, methods, and procedures
is unnecessary to revise this NPRM. the Administrator finds necessary for
supplemental NPRM. safety in air commerce. This regulation
Explanation of Change to Costs of is within the scope of that authority
Request To Clarify ‘‘Difference Between Compliance because it addresses an unsafe condition
the CB and the Proposed AD’’ After the first supplemental NPRM that is likely to exist or develop on
Gulfstream also notes that Gulfstream was issued, we reviewed the figures we products identified in this rulemaking
GI CB 337 refers to the Airplane have used over the past several years to action.
Maintenance Manual (AMM), Chapter calculate AD costs to operators. To
05, which specifies corrective actions account for various inflationary costs in Regulatory Impact
and follow-up inspection intervals. the airline industry, we find it necessary The regulations proposed herein
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We infer that Gulfstream would like to increase the labor rate used in these would not have a substantial direct
us to clarify that, while the CB does not calculations from $65 per work hour to effect on the States, on the relationship
explicitly specify repetitive inspections, $80 per work hour. The cost impact between the national Government and
the CB does refer to the AMM, which information, below, reflects this the States, or on the distribution of
contains certain corrective actions and increase in the specified hourly labor power and responsibilities among the
repetitive inspection intervals. We rate. various levels of government. Therefore,

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39244 Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Proposed Rules

it is determined that this proposal (NDT) to detect corrosion of the skins of the accordance with the Accomplishment
would not have federalism implications elevators, ailerons, rudder and rudder trim Instructions of Gulfstream GI CB 337B,
under Executive Order 13132. tab, flaps, aft lower fuselage, and vertical and including Appendix A, dated August 17,
For the reasons discussed above, I horizontal stabilizers; in accordance with the 2005. If any blend-out is outside the limits
Accomplishment Instructions of Gulfstream specified in the CB, before further flight,
certify that this proposed regulation (1)
GI Customer Bulletin (CB) 337B, including repair in a manner approved by the Manager,
is not a ‘‘significant regulatory action’’ Appendix A, dated August 17, 2005. The Atlanta ACO.
under Executive Order 12866; (2) is not corrosion criteria must be determined by the
a ‘‘significant rule’’ under the DOT Manager, Atlanta Aircraft Certification Office For Airplanes With New Lower Wing Planks
Regulatory Policies and Procedures (44 (ACO), FAA. Gulfstream Tool ST905–377 is (f) For airplanes with new lower wing
FR 11034, February 26, 1979); and (3) if also an acceptable method of determining the planks: Within 144 months after replacement
promulgated, will not have a significant corrosion criteria. of the lower wing planks with new lower
economic impact, positive or negative, (1) If no corrosion or cracking is detected, wing planks, or within 9 months after the
on a substantial number of small entities repeat the inspection thereafter at intervals effective date of this AD, whichever occurs
not to exceed 18 months. later, perform all of the actions, including
under the criteria of the Regulatory
(2) If any corrosion is detected that meets any other related investigative actions and
Flexibility Act. A copy of the draft the criteria of ‘‘light’’ or ‘‘mild’’ corrosion, corrective actions, specified in paragraph (c)
regulatory evaluation prepared for this repeat the NDT inspections of that of this AD.
action is contained in the Rules Docket. component thereafter at intervals not to
A copy of it may be obtained by exceed 12 months. Reporting Requirement
contacting the Rules Docket at the (3) If any corrosion is detected that meets (g) Within 30 days of performing the
location provided under the caption the criteria of ‘‘moderate’’ corrosion: Within inspections required by this AD: Submit a
ADDRESSES. 9 months after the initial inspection, repeat report of inspection findings (both positive
the NDT inspection of that component, and and negative) to Gulfstream Aerospace
List of Subjects in 14 CFR Part 39 within 18 months since the initial inspection, Corporation; Attention: Technical
Air transportation, Aircraft, Aviation repair or replace the component with a Operations—Structures Group, Dept. 893,
serviceable component in accordance with Mail Station D–25, 500 Gulfstream Road,
safety, Safety. the CB. Savannah, Georgia 31408. Information
The Proposed Amendment (4) If any corrosion is detected that meets collection requirements contained in this
the criteria of ‘‘severe’’ corrosion, before regulation have been approved by the Office
Accordingly, pursuant to the further flight, replace the component with a of Management and Budget (OMB) under the
authority delegated to me by the serviceable component in accordance with provisions of the Paperwork Reduction Act of
Administrator, the Federal Aviation the CB. 1980 (44 U.S.C. 3501 et seq.) and have been
Administration proposes to amend part assigned OMB Control Number 2120–0056.
Existing Repairs
39 of the Federal Aviation Regulations
(b) If any existing repairs are found during Alternative Methods of Compliance
(14 CFR part 39) as follows:
the inspections required by paragraph (a) of (h)(1) The Manager, Atlanta ACO, has the
PART 39—AIRWORTHINESS this AD, before further flight, ensure that the authority to approve AMOCs for this AD, if
repairs are in accordance with a method requested in accordance with the procedures
DIRECTIVES
approved by the Manager, Atlanta ACO. found in 14 CFR 39.19.
1. The authority citation for part 39 Inspections of the Lower Wing Plank (2) Before using any AMOC approved in
continues to read as follows: accordance with § 39.19 on any airplane to
(c) Except as provided in paragraph (f) of which the AMOC applies, notify the
Authority: 49 U.S.C. 106(g), 40113, 44701. this AD: Within 9 months after the effective appropriate principal inspector in the FAA
date of this AD, perform NDT inspections to Flight Standards Certificate Holding District
§ 39.13 [Amended] detect corrosion and cracking of the lower Office.
2. Section 39.13 is amended by wing plank splices, in accordance with the
adding the following new airworthiness Accomplishment Instructions of Gulfstream Issued in Renton, Washington, on June 30,
directive: GI CB 337B, including Appendix A, dated 2006.
August 17, 2005. Kalene C. Yanamura,
Gulfstream Aerospace Corporation: Docket
(1) If no corrosion or cracking is detected, Acting Manager, Transport Airplane
96–NM–143–AD.
repeat the NDT inspection at intervals not to Directorate, Aircraft Certification Service.
Applicability: All Model G–159 airplanes, exceed 18 months.
certificated in any category. (2) If any corrosion or cracking is detected, [FR Doc. E6–10911 Filed 7–11–06; 8:45 am]
Compliance: Required as indicated, unless before further flight, perform all applicable BILLING CODE 4910–13–P
accomplished previously. investigative actions and corrective actions in
To detect and correct corrosion and accordance with the customer bulletin.
cracking of the spot-welded skins of the DEPARTMENT OF TRANSPORTATION
lower wing plank splices and certain Repair Removal Threshold
structural assemblies, which could result in (d) For repairs specified in Appendix A of Federal Aviation Administration
reduced controllability of the airplane, Gulfstream GI CB 337B, dated August 17,
accomplish the following: 2005: Within 144 months after the date of the 14 CFR Part 39
Note 1: A note in the Accomplishment repair installation, remove the repaired
Instructions of the Gulfstream customer component and replace it with a new or [Docket No. FAA–2006–25328; Directorate
bulletin instructs operators to contact serviceable component, in accordance with Identifier 2006–NM–130–AD]
Gulfstream if any difficulty is encountered in Gulfstream GI CB 337B, including Appendix
accomplishing the customer bulletin. A, dated August 17, 2005. RIN 2120–AA64
However, any deviation from the instructions
provided in the customer bulletin must be Prior Blending in the Riser Areas Airworthiness Directives; Bombardier
approved as an alternative method of (e) If, during the performance of the Model DHC–8–400 Series Airplanes
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compliance (AMOC) under paragraph (h) of inspections required by paragraph (c) or (f) of
this AD. this AD, the inspection reveals that prior AGENCY: Federal Aviation
blending has been performed on the riser Administration (FAA), Department of
Non-Destructive Testing Inspections of the areas: Before further flight, perform an eddy Transportation (DOT).
Fuselage, Empennage, and Flight Controls current or fluorescent penetrant inspection, ACTION: Notice of proposed rulemaking
(a) Within 9 months after the effective date as applicable, to evaluate the blending, and (NPRM).
of this AD, perform a non-destructive test accomplish appropriate corrective actions, in

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