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Federal Register / Vol. 71, No.

24 / Monday, February 6, 2006 / Proposed Rules 6025

• Are the water use issues • Would the California standard and one copy of the document with the
‘‘substantially different in nature or result in a reduction in product information believed to be confidential
magnitude than those prevailing in the availability? (42 U.S.C. 6297(d)(3)(C)(i)) deleted. The Department will make its
United States generally?’’ Should the • Would the California standard own determination about the
phrase, ‘‘in the United States generally’’ result in a reduction in sales volume of confidential status of the information
be interpreted to include comparison to clothes washers either in California or and treat it according to its
regions as well as national averages? Are in the United States as a whole? (42 determination.
the water use issues in California U.S.C. 6297(d)(3)(C)(ii)) Factors of interest to the Department
substantially different in nature or • To what extent is the California when evaluating requests to treat
magnitude than those prevailing in regulation likely to contribute submitted information as confidential
other western states? (42 U.S.C. significantly to a proliferation of State include: (1) A description of the items;
6297(d)(1)(C)(i)) appliance efficiency requirements? (2) whether and why such items are
• Are there ‘‘alternative approaches to What cumulative impact would such customarily treated as confidential
* * * [clothes washer] water savings’’ requirements have? (42 U.S.C. within the industry; (3) whether the
that could achieve the same water 6297(d)(3)(D)) information is generally known by or
savings in California as would be • Would the California regulation available from other sources; (4)
achieved by the California clothes impact the availability in the State of whether the information has previously
washer standards? (42 U.S.C. any covered product type (or class) of been made available to others without
6297(d)(1)(C)(ii)) performance characteristics (including obligation concerning its
• Are there ‘‘alternative approaches to reliability), features, sizes, capacities, confidentiality; (5) an explanation of the
* * * water savings or production’’ not and volumes that are substantially the competitive injury to the submitting
considered in the California water plan same as those generally available in the person which would result from public
that could achieve the same water State? (42 U.S.C. 6297(d)(4)) disclosure; (6) when such information
savings in California as would be • Would the California standard might lose its confidential character due
achieved by the California clothes affect the availability of classes of to the passage of time; and (7) why
washer standards? (42 U.S.C. clothes washers or clothes washer disclosure of the information would be
6297(d)(1)(C)(ii)) performance characteristics, reliability, contrary to the public interest.
• Are there alternative policies or features, sizes, capacities and volumes
that are generally available in Issued in Washington, DC, on January 27,
programs in California that can achieve 2006.
the same water savings at the same or California? (42 U.S.C. 6297(d)(4))
After the period for written Douglas L. Faulkner,
lower cost or burden, or with greater
comments, the Department will Acting Assistant Secretary, Energy Efficiency
reliability and benefit? (42 U.S.C.
consider the information and views and Renewable Energy.
6297(d)(1)(C)(ii))
• Are there estimates of market- submitted, and make a decision on [FR Doc. 06–1041 Filed 2–3–06; 8:45 am]
induced improvements in efficiency of whether to prescribe a waiver from BILLING CODE 6450–01–P

all products subject to the California Federal preemption for California with
regulation? (42 U.S.C. 6297(d)(1)(C)(ii)) regard to water use standards for
• Is the analysis used in the residential clothes washers. DEPARTMENT OF TRANSPORTATION
California Petition accurate? For C. Submission of Comments
example, are the State’s savings Federal Aviation Administration
estimates correct? How valid are the The Department will accept
State’s assumptions? comments, data, and information 14 CFR Part 39
• Is California Petition’s statement regarding this notice no later than the
[Docket No. FAA–2005–23319; Directorate
that water supplies are not ‘‘fungible’’ date provided at the beginning of the Identifier 2005–CE–52–AD]
and that it is very difficult to transfer notice. Please submit comments, data,
and information electronically. Send RIN 2120–AA64
any water savings from one sector of the
State to another accurate? Are there them to the following e-mail address:
California.Petition@ee.doe.gov. Submit Airworthiness Directives; Raytheon
ways California can transfer water Aircraft Company 65, 90, 99, and 100
savings more easily? electronic comments in WordPerfect,
Series Airplanes
• What impacts would the State Microsoft Word, PDF, or text (ASCII) file
standards have on manufacturing, format and avoid the use of special AGENCY: Federal Aviation
marketing, distribution, sale, or characters or any form of encryption. Administration (FAA), Department of
servicing of covered products on a Identify comments in electronic format Transportation (DOT).
national basis? (42 U.S.C. 6297(d)(3)) by the docket number EE-RM-PET–100 ACTION: Notice of proposed rulemaking
• What impact will the California and wherever possible include the (NPRM).
clothes washer standard have on electronic signature of the author.
manufacturing or distribution costs of Absent an electronic signature, SUMMARY: The FAA proposes to
manufacturers, distributors and others? comments submitted electronically supersede Airworthiness Directive (AD)
(42 U.S.C. 6297(d)(3)(A)) must be followed and authenticated by 92–07–05, which applies to certain
• Will the California clothes washer submitting the signed original paper Raytheon Aircraft Company (Raytheon)
standard disadvantage smaller document. DOE does not accept 65, 90, 99, and 100 series airplanes. AD
manufacturers, distributors, or dealers telefacsimiles (faxes). 92–07–05 currently requires you to
In accordance with 10 CFR 1004.11, inspect the rudder trim tab for proper
rmajette on PROD1PC67 with PROPOSALS1

or lessen competition in California? (42


U.S.C. 6297(d)(3)(B)) any person submitting information that moisture drainage provisions, and if the
• To what extent would the California he or she believes to be confidential and correct drainage provisions do not exist,
standard cause a burden to exempt by law from public disclosure prior to further flight, modify the rudder
manufacturers to redesign their should submit two copies: one copy of trim tab. Since we issued AD 92–07–05,
residential clothes washers? (42 U.S.C. the document including all the FAA has received and evaluated new
6297(d)(3)(C)) information believed to be confidential, service information that requires the

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6026 Federal Register / Vol. 71, No. 24 / Monday, February 6, 2006 / Proposed Rules

actions of AD 92–07–05 for the added environmental, and energy aspects of What has happened since AD 92–07–
serial numbers LJ–1281 through LJ–1732 the proposed AD. We will consider all 05 to initiate this proposed AD action?
for the Model C90A airplanes. comments received by the closing date Since we issued AD 92–07–05, FAA has
Consequently, this proposed AD retains and may amend the proposed AD in received and evaluated new service
all the actions of AD 92–07–05 and adds light of those comments. information that requires the actions of
serial numbers LJ–1281 through LJ–1732 We will post all comments we AD 92–07–05 for the added serial
for the Model C90A airplanes in the receive, without change, to http:// numbers LJ–1281 through LJ–1732 for
applicability section. We are issuing this dms.dot.gov, including any personal the Model C90A airplanes.
proposed AD to prevent water information you provide. We will also What is the potential impact if FAA
accumulation in the rudder trim tab, post a report summarizing each took no action? This condition, if not
which could result in a change in the substantive verbal contact with FAA corrected, could result in water
mass properties and thus result in the personnel concerning this proposed accumulation in the rudder trim tab,
lower flutter speed of the airplane. rulemaking. Using the search function which could result in a change in the
Airplane flutter could result in failure of the DOT docket Web site, anyone can mass properties and thus result in the
and loss of control of the airplane. find and read the comments received lower flutter speed of the airplane.
DATES: We must receive comments on into any of our dockets, including the Airplane flutter could result in failure
this proposed AD by April 10, 2006. name of the individual who sent the and loss of control of the airplane.
ADDRESSES: Use one of the following comment (or signed the comment on
behalf of an association, business, labor Relevant Service Information
addresses to comment on this proposed
AD: union, etc.). You may review the DOT’s Is there service information that
• DOT Docket Web site: Go to http:// complete Privacy Act Statement in the applies to this subject? We have
dms.dot.gov and follow the instructions Federal Register published on April 11, reviewed:
for sending your comments 2000 (65 FR 19477–78) or you may visit
• Raytheon Aircraft Company Service
electronically. http://dms.dot.gov.
Bulletin No. SB 55–2365, Revision 2,
• Government-wide rulemaking web Examining the Dockets Issued: January 1991, Revised: October
site: Go to http://www.regulations.gov 2005; and
and follow the instructions for sending Where can I go to view the docket
your comments electronically. information? You may examine the • Beech Service Bulletin No. 2365,
• Mail: Docket Management Facility; docket that contains the proposal, any Revision 1, dated December 1991.
U.S. Department of Transportation, 400 comments received and any final What are the provisions of this service
Seventh Street, SW., Nassif Building, disposition on the Internet at http:// information? The service information
Room PL–401, Washington, DC 20590– dms.dot.gov, or in person at the DOT describes procedures for:
0001. Docket Offices between 9 a.m. and 5 • Inspecting the rudder trim tab for
• Fax: 1–202–493–2251. p.m., Monday through Friday, except proper moisture drainage provisions;
• Hand Delivery: Room PL–401 on Federal holidays. The Docket Office and
the plaza level of the Nassif Building, (telephone 1–800–647–5227) is located
• If the correct drainage provisions do
400 Seventh Street, SW., Washington, on the plaza level of the Department of
not exist, prior to further flight,
DC, between 9 a.m. and 5 p.m., Monday Transportation NASSIF Building at the
modifying the rudder trim tab to
through Friday, except Federal holidays. street address stated in ADDRESSES.
Contact Raytheon Aircraft Company, provide the correct drainage provisions.
Comments will be available in the AD
P.O. Box 85, Wichita, Kansas 67201– docket shortly after the Docket FAA’s Determination and Requirements
0085; telephone: (800) 429–5372 or Management Facility receives them. of the Proposed AD
(316) 676–3140 for the service
information identified in this proposed Discussion Why have we determined AD action is
AD. Has FAA taken any action to this necessary and what would this
You may examine the comments on point? We received and evaluated new proposed AD require? We are proposing
this proposed AD in the AD docket on service information on Beech (now this AD to address an unsafe condition
the Internet at http://dms.dot.gov. Raytheon) Models 65–90, 65–A90, 65– that we determined is likely to exist or
FOR FURTHER INFORMATION CONTACT: A90–1, 65–A90–2, 65–A90–3, 65–A90– develop on other products of this same
Steven E. Potter, Aerospace Engineer, 4, B90, C90, C90A, E90, H90, 99, 99A, type design. The proposed AD would
Wichita Aircraft Certification Office A99A, B99, C99, 100, A100, and B100 supersede AD 92–07–05 with a new AD
(ACO), FAA, 1801 Airport Road, airplanes that caused us to issue AD 92– that would incorporate the actions in
Wichita, Kansas 67209; telephone: (316) 07–05, Amendment 39–8201 (57 FR the previously-referenced service
946–4124; facsimile: (316) 946–4107. 8721, March 12, 1992). AD 92–07–05 bulletins. The proposed AD would
currently requires the following on require you to use the service
SUPPLEMENTARY INFORMATION:
certain Raytheon Aircraft Company information described previously to
Comments Invited (Raytheon) Models 65–90, 65–A90, 65– perform these actions.
How do I comment on this proposed A90–1, 65–A90–2, 65–A90–3, 65–A90– Costs of Compliance
AD? We invite you to send any written 4, B90, C90, C90A, E90, H90, 99, 99A,
relevant data, views, or arguments A99A, B99, C99, 100, A100, and B100 How many airplanes would this
regarding this proposal. Send your airplanes: proposed AD impact? We estimate that
comments to an address listed under • Inspect the rudder trim tab for this proposed AD affects 2,407 airplanes
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ADDRESSES. Include the docket number, proper moisture drainage provisions; in the U.S. registry.
‘‘FAA–2005–23319; Directorate and What would be the cost impact of this
Identifier 2005–CE–52–AD’’ at the • If the correct drainage provisions do proposed AD on owners/operators of the
beginning of your comments. We not exist, prior to further flight, modify affected airplanes? We estimate the
specifically invite comments on the the rudder trim tab to provide the following costs to do this proposed
overall regulatory, economic, correct drainage provisions. inspection:

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Federal Register / Vol. 71, No. 24 / Monday, February 6, 2006 / Proposed Rules 6027

Total cost per


Labor cost Parts cost Total cost on U.S. operators
airplane

1 work hour × $65 = $65 .................................. Not Applicable .................................................. $65 2,407 × $65 = $156,455

We estimate the following costs to do drainage provisions that would be determining the number of airplanes
any necessary modification of the required based on the results of this that may need this modification:
rudder trim tab to provide the correct proposed inspection. We have no way of

Total cost per


Labor cost Parts cost airplane

1 work hour × $65 = $65 ......................................................................................................................................... $25 $90

Authority for This Rulemaking the States, on the relationship between PART 39—AIRWORTHINESS
What authority does FAA have for the national Government and the States, DIRECTIVES
issuing this rulemaking action? Title 49 or on the distribution of power and
of the United States Code specifies the responsibilities among the various 1. The authority citation for part 39
FAA’s authority to issue rules on levels of government. continues to read as follows:
aviation safety. Subtitle I, section 106, For the reasons discussed above, I Authority: 49 U.S.C. 106(g), 40113, 44701.
describes the authority of the FAA certify that the proposed regulation:
1. Is not a ‘‘significant regulatory § 39.13 [Amended]
Administrator. Subtitle VII, Aviation
Programs, describes in more detail the action’’ under Executive Order 12866; 2. The FAA amends § 39.13 by
scope of the Agency’s authority. 2. Is not a ‘‘significant rule’’ under the removing Airworthiness Directive (AD)
We are issuing this rulemaking under DOT Regulatory Policies and Procedures 92–07–05, Amendment 39–8201, and
the authority described in subtitle VII, (44 FR 11034, February 26, 1979); and adding the following new airworthiness
part A, subpart III, Section 44701, 3. Will not have a significant directive:
‘‘General requirements.’’ Under that economic impact, positive or negative, Raytheon Aircraft Company: Docket No.
section, Congress charges the FAA with on a substantial number of small entities FAA–2005–23319; Directorate Identifier
promoting safe flight of civil aircraft in under the criteria of the Regulatory 2005–CE–52–AD.
air commerce by prescribing regulations Flexibility Act.
When Is the Last Date I Can Submit
for practices, methods, and procedures We prepared a regulatory evaluation Comments on This Proposed AD?
the Administrator finds necessary for of the estimated costs to comply with
this proposed AD. See the ADDRESSES (a) The Federal Aviation Administration
safety in air commerce. This regulation
(FAA) must receive comments on this
is within the scope of that authority section for a location to examine the airworthiness directive (AD) action by April
because it addresses an unsafe condition regulatory evaluation. 10, 2006.
that is likely to exist or develop on
List of Subjects in 14 CFR Part 39 What Other ADs Are Affected by This
products identified in this rulemaking
Air transportation, Aircraft, Aviation Action?
action.
safety, Safety. (b) This AD supersedes AD 92–07–05;
Regulatory Findings Amendment 39–8201.
Would this proposed AD impact The Proposed Amendment
What Airplanes Are Affected by This AD?
various entities? We have determined Accordingly, under the authority (c) This AD affects the following airplane
that this proposed AD would not have delegated to me by the Administrator, models and serial numbers that are
federalism implications under Executive the Federal Aviation Administration certificated in any category:
Order 13132. This proposed AD would proposes to amend 14 CFR part 39 as (1) Group 1 (maintains the actions from AD
not have a substantial direct effect on follows: 92–07–05):

Model Serial numbers

(i) 65–90, 65–A90, B90, C90, and C90A ................................................. LJ–1 through LJ–1280.
(ii) E90 ...................................................................................................... LW–1 through LW–347.
(iii) 99, 99A, A99, A99A, B99, and C99 ................................................... U–1 through U–136 and U–146 through U–239.
(iv) 100 and A100 ..................................................................................... B1 through B–94, B–100 through B–204, and B–206 through B247.
(v) B100 .................................................................................................... BE–1 through BE–137.
(vi) 65–A90–1 (U–21A, JU–21A, RU–21D, RU–21H, RU–21A, U–21G) LM–1 through LM–141.
(vii) 65–A90–2 (RU–21B) ......................................................................... LS–1, LS–2, and LS–3.
(viii) 65–A90–3 (RU–21C) ........................................................................ LT–1 and LT–2
(ix) 65–A90–4 (RU–21EA, U–21H, RU–21H) .......................................... LU–1 through LU–16.
(x) H90 (T–44A) ........................................................................................ LL–1 through LL–61
(xi) 99A (FACH) ........................................................................................ U–137 through U–145.
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(xii) A100 (U–21F) .................................................................................... B95 through B–99.

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6028 Federal Register / Vol. 71, No. 24 / Monday, February 6, 2006 / Proposed Rules

(2) Group 2: Model C90A, serial numbers requires the actions of AD 92–07–05 for the lower flutter speed of the airplane. Airplane
LJ–1281 through LJ–1732. added serial numbers LJ–1281 through LJ– flutter could result in failure and loss of
1732 for the Model C90A airplanes. The control of the airplane.
What Is the Unsafe Condition Presented in actions specified in this AD are intended to
This AD? prevent water accumulation in the rudder What Must I Do To Address This Problem?
(d) This AD results from receiving and trim tab, which could result in a change in (e) To address this problem, you must do
evaluating new service information that the mass properties and thus result in the the following:

Actions Compliance Procedures

(1) For Group 1 Airplanes: Inspect the rudder Within 150 hours time-in-service (TIS) after Follow Beech Service Bulletin No. 2365, Revi-
trim tab for proper moisture drainage provi- April 30, 1992 (the effective date of AD 92– sion 1, dated December 1991.
sions. 07–05), unless already done.
(2) For Group 1 Airplanes: If the correct drain- Before further flight after the inspection re- Follow Beech Service Bulletin No. 2365, Revi-
age provisions do not exist, prior to further quired by paragraph (e)(1) of this AD. sion 1, dated December 1991.
flight, modify the rudder trim tab.
(3) For Group 2 Airplanes: Inspect the rudder Within 150 hours time-in-service (TIS) after Follow Raytheon Aircraft Company Service
trim tab for proper moisture drainage provi- the effective date of this AD, unless already Bulletin No. SB 55–2365, Revision 2,
sions. done. Issued: January 1991, Revised: October
2005.
(4) For Group 2 Airplanes: If the correct drain- Before further flight after the inspection re- Follow Raytheon Aircraft Company Service
age provisions do not exist, prior to further quired by paragraph (e)(3) of this AD. Bulletin No. SB 55–2365, Revision 2,
flight, modify the rudder trim tab. Issued: January 1991, Revised: October
2005.

May I Request an Alternative Method of ENVIRONMENTAL PROTECTION Docket’s normal hours of operation, and
Compliance? AGENCY special arrangements should be made
(f) The Manager, Wichita Aircraft for deliveries of boxed information.
Certification Office (ACO), FAA, has the 40 CFR Part 52 Instructions: Direct your comments to
authority to approve alternative methods of [EPA–R03–OAR–2005–MD–0014; FRL– Docket ID No. EPA–R03–OAR–2005–
compliance (AMOCs) for this AD, if 8028–3] MD–0014. EPA’s policy is that all
requested using the procedures found in 14 comments received will be included in
CFR 39.19. Approval and Promulgation of Air the public docket without change, and
(i) For information on any already Quality Implementation Plans; may be made available online at http://
approved AMOCs or for information Maryland; Amendments to the Control www.regulations.gov, including any
pertaining to this AD, contact Steven E. of VOC Emissions From Yeast personal information provided, unless
Potter, Aerospace Engineer, Wichita ACO, Manufacturing the comment includes information
FAA, 1801 Airport Road, Wichita, Kansas claimed to be Confidential Business
67209; telephone: (316) 946–4124; facsimile: AGENCY: Environmental Protection
Agency (EPA). Information (CBI) or other information
(316) 946–4107. whose disclosure is restricted by statute.
(ii) AMOCs approved for AD 92–07–05 are ACTION: Proposed rule.
Do not submit information that you
not approved for this AD.
SUMMARY: EPA is proposing to approve consider to be CBI or otherwise
May I Get Copies of the Documents a State Implementation Plan (SIP) protected through http://
Referenced in This AD? revision submitted by Maryland. This www.regulations.gov or e-mail. The
(g) To get copies of the documents revision pertains to the amendment of a http://www.regulations.gov Web site is
referenced in this AD, contact Raytheon regulation that controls volatile organic an ‘‘anonymous access’’ system, which
Aircraft Company, P.O. Box 85, Wichita, compound (VOC) emissions from yeast means EPA will not know your identity
Kansas 67201–0085; telephone: (800) 429– manufacturing facilities. This action is or contact information unless you
5372 or (316) 676–3140. To view the AD being taken under the Clean Air Act provide it in the body of your comment.
docket, go to the Docket Management (CAA or the Act). If you send an e-mail comment directly
Facility; U.S. Department of Transportation, DATES: Written comments must be to EPA without going through http://
400 Seventh Street, SW., Nassif Building, received on or before March 8, 2006. www.regulations.gov, your e-mail
Room PL–401, Washington, DC, or on the ADDRESSES: Submit your comments, address will be automatically captured
Internet at http://dms.dot.gov. The docket identified by Docket ID Number EPA– and included as part of the comment
number is Docket No. FAA–2005–23319; R03–OAR–2005–MD–0014 by one of the that is placed in the public docket and
Directorate Identifier 2005–CE–52–AD. following methods: made available on the Internet. If you
Issued in Kansas City, Missouri, on January A. Http://www.regulations.gov. submit an electronic comment, EPA
31, 2006. Follow the on-line instructions for recommends that you include your
submitting comments. name and other contact information in
John R. Colomy,
B. E-mail: morris.makeba@epa.gov. the body of your comment and with any
Acting Manager, Small Airplane Directorate, C. Mail: EPA–R03–OAR–2005–MD– disk or CD–ROM you submit. If EPA
Aircraft Certification Service. 0014, Makeba Morris, Chief, Air Quality cannot read your comment due to
[FR Doc. E6–1562 Filed 2–3–06; 8:45 am] technical difficulties and cannot contact
rmajette on PROD1PC67 with PROPOSALS1

Planning Branch, Mailcode 3AP21, U.S.


BILLING CODE 4910–13–P Environmental Protection Agency, you for clarification, EPA may not be
Region III, 1650 Arch Street, able to consider your comment.
Philadelphia, Pennsylvania 19103. Electronic files should avoid the use of
D. Hand Delivery: At the previously- special characters, any form of
listed EPA Region III address. Such encryption, and be free of any defects or
deliveries are only accepted during the viruses.

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