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5078 Federal Register / Vol. 70, No.

20 / Tuesday, February 1, 2005 / Proposed Rules

We are issuing this rulemaking under Comments Due Date (i) If no corrosion is found, apply
the authority described in Subtitle VII, (a) The Federal Aviation Administration protective paint and corrosion inhibitors.
Part A, Subpart III, Section 44701, must receive comments on this AD action by (ii) If corrosion is found, replace the pivot
March 3, 2005. axle with a new pivot axle and apply
‘‘General requirements.’’ Under that
corrosion inhibitors.
section, Congress charges the FAA with Affected ADs Note 2: EMBRAER Service Bulletin 145–
promoting safe flight of civil aircraft in 32–0091, Change 01, dated July 1, 2004,
(b) None.
air commerce by prescribing regulations refers to Embraer Liebherr Equipamentos do
for practices, methods, and procedures Applicability Brasil S.A. (ELEB) Service Bulletin 2309–
the Administrator finds necessary for (c) This AD applies to Model EMB–135 and 2002–32–04, Revision 01, dated May 24,
safety in air commerce. This regulation –145 series airplanes, certificated in any 2004, as an additional source of service
is within the scope of that authority category; as listed in EMBRAER Service information for the inspection and repair of
because it addresses an unsafe condition Bulletin 145–32–0091, Change 01, dated July the MLG components. The ELEB service
1, 2004. bulletin is included within the EMBRAER
that is likely to exist or develop on
service bulletin.
products identified in this rulemaking Unsafe Condition
action. (d) This AD was prompted by a report of Actions Accomplished According to
a fractured axle of the trailing arm of the Previous Issue of Service Bulletin
Regulatory Findings
main landing gear (MLG) due to corrosion of (h) Actions accomplished before the
We have determined that this the axle. We are issuing this AD to prevent effective date of this AD according to
proposed AD would not have federalism a broken trailing arm and consequent failure EMBRAER Service Bulletin 145–32–0091,
implications under Executive Order of the MLG, which could lead to loss of dated February 19, 2004, are considered
13132. This proposed AD would not control and damage to the airplane during acceptable for compliance with the
have a substantial direct effect on the take-off or landing. corresponding actions specified in this AD.
States, on the relationship between the Compliance Alternative Methods of Compliance
national Government and the States, or (e) You are responsible for having the (AMOCs)
on the distribution of power and actions required by this AD performed within (i) The Manager, International Branch,
responsibilities among the various the compliance times specified, unless the ANM–116, Transport Airplane Directorate,
levels of government. actions have already been done. FAA, has the authority to approve AMOCs
For the reasons discussed above, I Inspection for this AD, if requested in accordance with
certify that the proposed regulation: the procedures found in 14 CFR 39.19.
(f) Within 600 flight hours or 180 days after
1. Is not a ‘‘significant regulatory
the effective date of this AD, whichever Related Information
action’’ under Executive Order 12866; occurs first, perform a detailed inspection for
2. Is not a ‘‘significant rule’’ under the (j) Brazilian airworthiness directive 2004–
surface bruising of the MLG trailing arms and 08–02, dated September 3, 2004, also
DOT Regulatory Policies and Procedures integrity of the MLG pivot axle sealant; in
(44 FR 11034, February 26, 1979); and addresses the subject of this AD.
accordance with the Accomplishment
3. Will not have a significant Instructions of EMBRAER Service Bulletin Issued in Renton, Washington, on January
economic impact, positive or negative, 145–32–0091, Change 01, dated July 1, 2004. 21, 2005.
on a substantial number of small entities If no sign of sealant failure or bruising of the Ali Bahrami,
under the criteria of the Regulatory trailing arm is found, repeat the inspection Manager, Transport Airplane Directorate,
Flexibility Act. thereafter at intervals not to exceed 5,500 Aircraft Certification Service.
We prepared a regulatory evaluation flight hours or 24 months, whichever occurs
[FR Doc. 05–1807 Filed 1–31–05; 8:45 am]
of the estimated costs to comply with first, until paragraph (g)(3) of this AD has
been accomplished. BILLING CODE 4910–13–P
this proposed AD. See the ADDRESSES
section for a location to examine the Note 1: For the purposes of this AD, a
detailed inspection is: ‘‘An intensive
regulatory evaluation. examination of a specific item, installation, DEPARTMENT OF TRANSPORTATION
List of Subjects in 14 CFR Part 39 or assembly to detect damage, failure, or
irregularity. Available lighting is normally Federal Aviation Administration
Air transportation, Aircraft, Aviation supplemented with a direct source of good
safety, Safety. lighting at an intensity deemed appropriate. 14 CFR Part 39
The Proposed Amendment Inspection aids such as mirror, magnifying
[Docket No. FAA–2005–20222; Directorate
lenses, etc., may be necessary. Surface
Accordingly, under the authority Identifier 2004–NM–230–AD]
cleaning and elaborate procedures may be
delegated to me by the Administrator, required.’’ RIN 2120–AA64
the FAA proposes to amend 14 CFR part
39 as follows: Corrective/Terminating Actions Airworthiness Directives; Bombardier
(g) If any sign of sealant failure or bruising Model DHC–8–102, –103, –106, –201,
PART 39—AIRWORTHINESS of either trailing arm surface is found, prior –202, –301, –311, and –315 Airplanes
DIRECTIVES to further flight, do paragraphs (g)(1), (g)(2)
and (g)(3) of this AD. Do the actions in AGENCY: Federal Aviation
1. The authority citation for part 39 accordance with EMBRAER Service Bulletin Administration (FAA), Department of
continues to read as follows: 145–32–0091, Change 01, dated July 1, 2004. Transportation (DOT).
Authority: 49 U.S.C. 106(g), 40113, 44701. Accomplishment of paragraphs (g)(2) and ACTION: Notice of proposed rulemaking
(g)(3) of this AD ends the repetitive
(NPRM).
§ 39.13 [Amended] inspections required by paragraph (f) of this
2. The FAA amends § 39.13 by adding AD. SUMMARY: The FAA proposes to adopt a
(1) Repair any bruising of the trailing arm new airworthiness directive (AD) for
the following new airworthiness surface.
directive (AD): (2) Replace the MLG cardan with a new,
certain Bombardier Model DHC–8–102,
Empresa Brasileira de Aeronautica S.A. improved cardan. –103, –106, –201, –202, –301, –311, and
(EMBRAER): Docket No. FAA–2005– (3) Perform a detailed inspection for –315 airplanes. The subject of this
20223; Directorate Identifier 2004–NM– corrosion of the internal surface of the proposed AD is the pilot’s static system.
193–AD. trailing arm pivot axle. This proposed AD would require

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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5079

revising the airplane flight manual to Comments Invited abnormal indications of airspeed,
include applicable procedures to follow We invite you to submit any relevant altitude, or vertical airspeed due to
when the flightcrew receives abnormal written data, views, or arguments leaks in the static system and prolonged
indications of airspeed, altitude, or regarding this proposed AD. Send your loss of critical flight information that
vertical airspeed. This proposed AD comments to an address listed under could result in reduced controllability
would also require modifying the static ADDRESSES. Include ‘‘Docket No. FAA–
of the airplane or controlled flight into
system. This proposed AD is prompted 2005–20222; Directorate Identifier terrain.
by a report of a leak in the static 2004–NM–230–AD’’ at the beginning of Relevant Service Information
pressure system, which could result in your comments. We specifically invite
loss of the static systems and Bombardier has issued Service
comments on the overall regulatory, Bulletin 8–34–221, Revision ‘A,’ dated
consequent erroneous data displayed on economic, environmental, and energy
the pilot’s flight instruments. We are September 15, 2003. The service
aspects of the proposed AD. We will bulletin describes procedures to modify
proposing this AD to advise the consider all comments submitted by the
flightcrew of applicable procedures in the pilot’s side static system to prevent
closing date and may amend the leaks in the system. For certain
the event of abnormal indications of proposed AD in light of those
airspeed, altitude, or vertical airspeed; airplanes the modification provides
comments. increased independence of the static
and to prevent leaks in the static system, We will post all comments we
which could result in the loss of critical pressure source for the pilot’s primary
receive, without change, to http:// and standby flight instruments, and for
flight information that could result in dms.dot.gov, including any personal
reduced controllability of the airplane certain other airplanes the modification
information you provide. We will also corrects the length of the static system
or controlled flight into terrain. post a report summarizing each hose.
DATES: We must receive comments on substantive verbal contact with FAA TCCA mandated the service bulletin
this proposed AD by March 3, 2005. personnel concerning this proposed AD. and issued Canadian airworthiness
ADDRESSES: Use one of the following Using the search function of our docket directive CF–2003–25, dated October
addresses to submit comments on this Web site, anyone can find and read the 10, 2003, to ensure the continued
proposed AD. comments in any of our dockets, airworthiness of these airplanes in
• DOT Docket Web site: Go to including the name of the individual Canada.
http://dms.dot.gov and follow the who sent the comment (or signed the
instructions for sending your comments comment on behalf of an association, FAA’s Determination and Requirements
electronically. business, labor union, etc.). You can of the Proposed AD
• Government-wide rulemaking Web review the DOT’s complete Privacy Act These airplane models are
site: Go to http://www.regulations.gov Statement in the Federal Register manufactured in Canada and are type
and follow the instructions for sending published on April 11, 2000 (65 FR certificated for operation in the United
your comments electronically. 19477–78), or you can visit http:// States under the provisions of section
• Mail: Docket Management Facility, dms.dot.gov. 21.29 of the Federal Aviation
U.S. Department of Transportation, 400 Examining the Docket Regulations (14 CFR 21.29) and the
Seventh Street, SW., Nassif Building, applicable bilateral airworthiness
room PL–401, Washington, DC 20590. You can examine the AD docket on agreement. Pursuant to this bilateral
• By fax: (202) 493–2251. the Internet at http://dms.dot.gov, or in airworthiness agreement, TCCA has
• Hand Delivery: Room PL–401 on person at the Docket Management kept the FAA informed of the situation
the plaza level of the Nassif Building, Facility office between 9 a.m. and 5 described above. We have examined
400 Seventh Street, SW., Washington, p.m., Monday through Friday, except TCCA’s findings, evaluated all pertinent
DC, between 9 a.m. and 5 p.m., Monday Federal holidays. The Docket information, and determined that we
through Friday, except Federal holidays. Management Facility office (telephone need to issue an AD for products of this
For service information identified in (800) 647–5227) is located on the plaza type design that are certificated for
this proposed AD, contact Bombardier, level of the Nassif Building at the DOT operation in the United States.
Inc., Bombardier Regional Aircraft street address stated in the ADDRESSES Therefore, we are issuing this AD to
Division, 123 Garratt Boulevard, section. Comments will be available in provide procedures to the flightcrew in
Downsview, Ontario M3K 1Y5, Canada. the AD docket shortly after the DMS the event of abnormal indications of
You can examine the contents of this receives them. airspeed, altitude, or vertical airspeed;
AD docket on the Internet at http:// Discussion and to prevent leaks in the static system,
dms.dot.gov, or in person at the Docket which could result in the loss of critical
Transport Canada Civil Aviation flight information that could result in
Management Facility, U.S. Department
(TCCA), which is the airworthiness reduced controllability of the airplane
of Transportation, 400 Seventh Street,
authority for Canada, notified the FAA or controlled flight into terrain. This AD
SW., room PL–401, on the plaza level of
that an unsafe condition may exist on requires accomplishing the actions
the Nassif Building, Washington, DC.
certain Bombardier Model DHC–8–102, specified in the service information
This docket number is FAA–2005–
–103, –106, –201, –202, –301, –311, and described previously, except as
20222; the directorate identifier for this
–315 airplanes. TCCA advises that an discussed under ‘‘Differences Between
docket is 2004–NM–230–AD.
investigation of an incident involving the Proposed AD and Canadian
FOR FURTHER INFORMATION CONTACT: Ezra erroneous data displayed on the pilot’s Airworthiness Directive.’’
Sasson, Aerospace Engineer, Systems flight instruments has revealed that a
and Flight Test Branch, ANE–172, FAA, leak in the pilot’s side static pressure Differences Between the Proposed AD
New York Aircraft Certification Office, system, downstream of the alternate and Canadian Airworthiness Directive
1600 Stewart Avenue, suite 410, selector valve, could result in the loss of This proposed AD advises revising
Westbury, New York 11590; telephone both the pilot’s normal and alternate the applicable de Havilland Dash 8
(516) 228–7320; fax (516) 794–5531. static systems. This condition, if not airplane flight manual to incorporate the
SUPPLEMENTARY INFORMATION: corrected, could result in the display of text specified in paragraph (f) of this

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5080 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules

proposed AD. The Canadian AD does TCCA is not required to issue an AD to Costs of Compliance
not include such a requirement. In require flight manual revisions. The following table provides the
Canada, operators are mandated to use estimated costs for U.S. operators to
the latest flight manual and therefore, 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

Revise AFM ........................ 1 $65 None ................................... $65 181 $11,765


Modify static system ........... 2 65 100–200 .............................. 230–330 181 41,630–59,730

Authority for This Rulemaking List of Subjects in 14 CFR Part 39 Compliance


The FAA’s authority to issue rules (e) You are responsible for having the
Air transportation, Aircraft, Aviation actions required by this AD performed within
regarding aviation safety is found in safety, Safety. the compliance times specified, unless the
Title 49 of the United States Code. actions have already been done.
Subtitle I, Section 106, describes the The Proposed Amendment
authority of the FAA Administrator. Revision to Airplane Flight Manual
Accordingly, under the authority
Subtitle VII, Aviation Programs, (f) Within 10 days after the effective date
delegated to me by the Administrator,
describes in more detail the scope of the of this AD, revise the Normal and Abnormal
the FAA proposes to amend 14 CFR part Procedures sections of the applicable de
agency’s authority.
39 as follows: Havilland Dash 8 flight manual to include
This rulemaking is promulgated
under the authority described in the following statement in paragraph 4.11.1
PART 39—AIRWORTHINESS of 4.11 Pitot—Static and Stall Warning
Subtitle VII, Part A, Subpart III, Section DIRECTIVES System Failures. This may be done by
44701, ‘‘General requirements.’’ Under
inserting a copy of this AD in the applicable
that section, Congress charges the FAA 1. The authority citation for part 39 flight manual.
with promoting safe flight of civil continues to read as follows: ‘‘4.11.1 ABNORMAL INDICATIONS OF
aircraft in air commerce by prescribing AIRSPEED, ALTITUDE AND VERTICAL
Authority: 49 U.S.C. 106(g), 40113, 44701.
regulations for practices, methods, and AIRSPEED.
procedures the Administrator finds § 39.13 [Amended] ‘‘1. Appropriate STATIC SOURCE
necessary for safety in air commerce. selector—ALTERNATE. If switching the
This regulation is within the scope of 2. The FAA amends § 39.13 by adding STATIC SOURCE selector to ALTERNATE
that authority because it addresses an the following new airworthiness does not correct the abnormal indications:
unsafe condition that is likely to exist or directive (AD): ‘‘2. Rely on the flight instruments on the
develop on products identified in this Bombardier, Inc. (Formerly de Havilland, opposite side and land as soon as
proposed AD. Inc.): Docket No. FAA–2005–20222; practicable.’’
Directorate Identifier 2004–NM–230–AD. Note 1: When a statement identical to that
Regulatory Findings in paragraph (f) of this AD has been included
Comments Due Date in the general revisions of the applicable
We have determined that this
proposed AD would not have federalism (a) The Federal Aviation Administration flight manual, the general revisions may be
must receive comments on this AD action by inserted into the flight manual, and the copy
implications under Executive Order
March 3, 2005. of this AD may be removed from the flight
13132. This proposed AD would not manual.
have a substantial direct effect on the Affected ADs
States, on the relationship between the (b) None. Modification of the Static System
national Government and the States, or (g) For airplanes having serial numbers 003
Applicability
on the distribution of power and through 590 inclusive: Within 24 months
responsibilities among the various (c) This AD applies to Bombardier Model after the effective date of this AD, modify the
levels of government. DHC–8–102, –103, –106, –201, –202, –301, static system in accordance with Part A and
For the reasons discussed above, I –311, and –315 airplanes, certificated in any Part C of the Accomplishment Instructions of
category; serial numbers 003 through 598 Bombardier Service Bulletin 8–34–221,
certify that the proposed regulation:
inclusive. Revision ‘A,’ dated September 15, 2003.
1. Is not a ‘‘significant regulatory
Unsafe Condition (h) For airplanes having serial numbers 591
action’’ under Executive Order 12866;
through 598 inclusive: Within 24 months
2. Is not a ‘‘significant rule’’ under the (d) This AD was prompted by a report of after the effective date of this AD, modify the
DOT Regulatory Policies and Procedures a leak in the static pressure system, which static system in accordance with Part B and
(44 FR 11034, February 26, 1979); and could result in loss of the static systems and Part C of the Accomplishment Instructions of
3. Will not have a significant consequent erroneous data displayed on the Bombardier Service Bulletin 8–34–221,
economic impact, positive or negative, pilot’s flight instruments. The subject of this Revision ‘A,’ dated September 15, 2003.
on a substantial number of small entities AD is the pilot’s static system. We are issuing
this AD to advise the flightcrew of applicable Modifications Done According to Previous
under the criteria of the Regulatory Issue of Service Bulletin
procedures in the event of abnormal
Flexibility Act. indications of airspeed, altitude, or vertical (i) Modifications done before the effective
We prepared a regulatory evaluation airspeed; and to prevent leaks in the static date of this AD in accordance with
of the estimated costs to comply with system, which could result in the loss of Bombardier Service Bulletin 8–34–221, dated
this proposed AD. See the ADDRESSES critical flight information that could result in May 27, 2003, are acceptable for compliance
section for a location to examine the reduced controllability of the airplane or with the applicable modifications specified
regulatory evaluation. controlled flight into terrain. in paragraphs (g) and (h) of this AD.

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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5081

Alternative Methods of Compliance instructions for sending your comments business, labor union, etc.). You can
(AMOCs) electronically. review the DOT’s complete Privacy Act
(j) The Manager, New York Aircraft • Government-wide rulemaking Web Statement in the Federal Register
Certification Office, Transport Airplane site: Go to http://www.regulations.gov published on April 11, 2000 (65 FR
Directorate, FAA, has the authority to and follow the instructions for sending 19477–78), or you can visit http://
approve AMOCs for this AD, if requested in your comments electronically. dms.dot.gov.
accordance with the procedures found in 14 • Mail: Docket Management Facility,
CFR 39.19. Examining the Docket
U.S. Department of Transportation, 400
Related Information Seventh Street, SW., Nassif Building, You can examine the AD docket on
(k) Canadian airworthiness directive CF– room PL–401, Washington, DC 20590. the Internet at http://dms.dot.gov, or in
2003–25, dated October 10, 2003, also • By fax: (202) 493–2251. person at the Docket Management
addresses the subject of this AD. • Hand Delivery: Room PL–401 on Facility office between 9 a.m. and 5
Issued in Renton, Washington, on January the plaza level of the Nassif Building, p.m., Monday through Friday, except
21, 2005. 400 Seventh Street, SW., Washington, Federal holidays. The Docket
Ali Bahrami, DC, between 9 a.m. and 5 p.m., Monday Management Facility office (telephone
Manager, Transport Airplane Directorate, through Friday, except Federal holidays. (800) 647–5227) is located on the plaza
Aircraft Certification Service. For service information identified in level of the Nassif Building at the DOT
[FR Doc. 05–1808 Filed 1–31–05; 8:45 am] this proposed AD, contact Messier- street address stated in the ADDRESSES
Dowty, BP 10, 78142 Velizy Cedex, section. Comments will be available in
BILLING CODE 4910–13–P
France. the AD docket shortly after the DMS
You can examine the contents of this receives them.
DEPARTMENT OF TRANSPORTATION AD docket on the Internet at http://
dms.dot.gov, or in person at the Docket Discussion
Federal Aviation Administration Management Facility, U.S. Department The Direction Générale de l’Aviation
of Transportation, 400 Seventh Street, Civile (DGAC), which is the
14 CFR Part 39 SW., room PL–401, on the plaza level of airworthiness authority for France,
the Nassif Building, Washington, DC. notified us that an unsafe condition may
[Docket No. FAA–2005–20220; Directorate
Identifier 2004–NM–152–AD]
This docket number is FAA–2005– exist on certain Aerospatiale Model
20220; the directorate identifier for this ATR42–200, –300, and –320 series
RIN 2120–AA64 docket is 2004–NM–152–AD. airplanes. The DGAC advises that an
FOR FURTHER INFORMATION CONTACT: Tom operator reported experiencing, during
Airworthiness Directives; Aerospatiale
Rodriguez, Aerospace Engineer, taxiing, an unlock warning for the MLG
Model ATR42–200, –300, and –320
International Branch, ANM–116, FAA, on the right side of the airplane.
Series Airplanes
Transport Airplane Directorate, 1601 Investigation found that the upper side
AGENCY: Federal Aviation Lind Avenue, SW., Renton, Washington brace of the right MLG was cracked due
Administration (FAA), Department of 98055–4056; telephone (425) 227–1137; to accidental damage caused by the
Transportation (DOT). fax (425) 227–1149. location of certain identification plates
ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: and possible corrosion introduced
(NPRM). during production. Cracking of the
Comments Invited upper arms of the side braces of the
SUMMARY: The FAA proposes to adopt a We invite you to submit any relevant MLG, if not corrected, could result in
new airworthiness directive (AD) for written data, views, or arguments failure of the MLG during landing and
certain Aerospatiale Model ATR42–200, regarding this proposed AD. Send your possible damage to the airplane and
–300, and –320 series airplanes. This comments to an address listed under injury to the flightcrew and passengers.
proposed AD would require doing ADDRESSES. Include ‘‘Docket No. FAA–
repetitive inspections of the upper arms Relevant Service Information
2005–20220; Directorate Identifier
of the MLG side braces for missing or 2004–NM–152–AD’’ at the beginning of Messier-Dowty has issued Special
inadequately bonded identification your comments. We specifically invite Inspection Service Bulletin 631–32–175,
plates; replacing the upper arm if comments on the overall regulatory, dated January 7, 2004; and Service
necessary; and replacing the side brace economic, environmental, and energy Bulletin 631–32–176, Revision 1, dated
assembly with a modified part. This aspects of the proposed AD. We will June 2, 2004. Special Inspection Service
proposed AD is prompted by an consider all comments submitted by the Bulletin 631–32–175 describes
operator who reported experiencing an closing date and may amend the procedures for doing repetitive general
unlock warning for the MLG on the right proposed AD in light of those visual inspections of the upper arms of
side of the airplane. We are proposing comments. the MLG side braces for missing or
this AD to prevent cracking of the upper We will post all comments we inadequately bonded identification
arms of the side braces of the MLG, receive, without change, to http:// plates having P/Ns D61565–1, D61566–
which could result in failure of the MLG dms.dot.gov, including any personal 1, D61567–1, and D61568–1; and
during landing and possible damage to information you provide. We will also replacing any upper arm having a
the airplane and injury to the flightcrew post a report summarizing each missing or inadequately-bonded
and passengers. substantive verbal contact with FAA identification plate with a serviceable
DATES: We must receive comments on personnel concerning this proposed AD. upper arm having the same part
this proposed AD by March 3, 2005. Using the search function of our docket number. Service Bulletin 631–32–176
ADDRESSES: Use one of the following Web site, anyone can find and read the describes procedures for removing the
addresses to submit comments on this comments in any of our dockets, side brace assembly and replacing it
proposed AD. including the name of the individual with a modified part. Modification of
• DOT Docket Web site: Go to who sent the comment (or signed the the side brace assembly includes the
http://dms.dot.gov and follow the comment on behalf of an association, following actions:

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