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8508 Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Rules and Regulations
code_of_federal_regulations/ the Priority Letter AD, and if they did not have a substantial direct effect on
ibr_locations.html. not overhaul their propellers, they are the States, on the relationship between
FOR FURTHER INFORMATION CONTACT: flying at increased risk of failure. the national government and the States,
Melissa T. Bradley, Aerospace Engineer, Hartzell further states that the published or on the distribution of power and
Chicago Aircraft Certification Office, NPRM provides inappropriate responsibilities among the various
FAA, Small Airplane Directorate, 2300 relaxation and should be revised. levels of government.
East Devon Avenue, Des Plaines, IL We do not agree. To justify the For the reasons discussed above, I
60018; telephone (847) 294–8110; fax suggested change in compliance time, certify that this AD:
(847) 294–7834. we would need supporting data. (1) Is not a ‘‘significant regulatory
SUPPLEMENTARY INFORMATION: The FAA
However, service history has shown that action’’ under Executive Order 12866;
proposed to amend 14 CFR Part 39 with there has been no occurrence of this (2) Is not a ‘‘significant rule’’ under
a proposed airworthiness directive (AD). failure mode subsequent to the issuance DOT Regulatory Policies and Procedures
The proposed AD applies to Hartzell of the Priority Letter AD. (44 FR 11034, February 26, 1979); and
Propeller Inc. model HC–B3TN–5( )/ Conclusion (3) Will not have a significant
T10282( ) propellers. We published the economic impact, positive or negative,
proposed AD in the Federal Register on We have carefully reviewed the
on a substantial number of small entities
July 22, 2004 (69 FR 43775). That action available data, including the comment
under the criteria of the Regulatory
proposed to require initial and received, and determined that air safety
Flexibility Act.
repetitive inspections of the blade pilot and the public interest require adopting
the AD as proposed. We prepared a summary of the costs
tube bore area. to comply with this AD and placed it in
Examining the AD Docket Costs of Compliance the AD Docket. You may get a copy of
By adding STC SA345GL to the this summary by sending a request to us
You may examine the AD Docket at the address listed under ADDRESSES.
(including any comments and service applicability, there are about 50
additional Hartzell Propeller Inc. model Include ‘‘AD Docket No. 2003–NE–50–
information), by appointment, between AD’’ in your request.
8 a.m. and 4:30 p.m., Monday through HC–B3TN–5( )/T10282( ) propellers of
Friday, except Federal holidays. See the affected design in the worldwide List of Subjects in 14 CFR Part 39
ADDRESSES for the location. fleet. Including the additional
applicability, we estimate a total of 500 Air transportation, Aircraft, Aviation
Comments propellers have been installed on safety, Incorporation by reference,
We provided the public the airplanes of U.S. registry and would be Safety.
opportunity to participate in the affected by this AD. We also estimate Adoption of the Amendment
development of this AD. We have that it would take about 2.5 work hours
considered the one comment received. per propeller blade to perform the ■ Accordingly, under the authority
actions, and that the average labor rate delegated to me by the Administrator,
Request To Change the Compliance the Federal Aviation Administration
is $65 per work hour. Based on these
Time amends 14 CFR part 39 as follows:
figures, we estimate the total cost of the
One commenter, Hartzell Propeller AD to U.S. operators is $243,750.
Inc., requests that we change the PART 39—AIRWORTHINESS
compliance time to a much more Authority for This Rulemaking DIRECTIVES
aggressive compliance requirement, to Title 49 of the United States Code ■ 1. The authority citation for part 39
the point of grounding those operators specifies the FAA’s authority to issue continues to read as follows:
who did not follow the Priority Letter rules on aviation safety. Subtitle I,
AD, regardless of whether they were Section 106, describes the authority of Authority: 49 U.S.C. 106(g), 40113, 44701.
legally obligated to do so or not. The the FAA Administrator. Subtitle VII, § 39.13 [Amended]
commenter states that the NPRM we Aviation Programs, describes in more
published, which is 16 years beyond the detail the scope of the Agency’s ■ 2. The FAA amends § 39.13 by adding
Priority Letter AD effective date, authority. a new airworthiness directive,
extends compliance to 500 hours after We are issuing this rulemaking under Amendment 39–13980, to read as
the effective date of the yet-to-be the authority described in Subtitle VII, follows:
published final rule AD. The Priority Part A, Subpart III, Section 44701, 2005–04–08 Hartzell Propeller Inc.:
Letter AD either identified, or was the ‘‘General requirements.’’ Under that Amendment 39–13980. Docket No.
result of, cracks found on two blades section, Congress charges the FAA with 2003–NE–50–AD.
installed in the same propeller, and two promoting safe flight of civil aircraft in Effective Date
occurrences of blade separation on two air commerce by prescribing regulations
other propellers. All events were from (a) This AD becomes effective March 29,
for practices, methods, and procedures 2005.
fractures initiating at the same general the Administrator finds necessary for
location in the blade bore. Hartzell safety in air commerce. This regulation Affected ADs
issued Service Bulletin No. 161, dated is within the scope of that authority (b) This AD supersedes Priority Letter AD
May 18, 1989, as a counterpart to the because it addresses an unsafe condition 88–24–15.
Priority Letter AD. Hartzell further that is likely to exist or develop on Applicability
states that since many operators of this products identified in this rulemaking
type of aircraft overhaul their (c) This AD applies to Hartzell Propeller
action. Inc. model HC–B3TN–5( )/T10282( )
propellers, compliance to the Priority propellers installed on the airplane and
Letter AD was likely accomplished, Regulatory Findings
engine combinations shown in the following
intentionally or otherwise, as part of the We have determined that this AD will Table 1 (excluding propellers with blades
overhaul process. However, if an not have federalism implications under part number (P/N) T10282N( ), T10282NB( ),
operator did not receive or acknowledge Executive Order 13132. This AD will T10282NK( ), or T10282NE( ) installed).
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Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Rules and Regulations 8509
TABLE 1.—APPLICABILITY
Airplane model Propeller model Engine model
(d) For reference, airplanes incorporating paragraph (h)(2) of this AD, then do the Related Information
Supplemental Type Certificates (STCs) following: (o) None.
SA344GL–D, SA4872SW, and SA345GL–D (1) Inspect the blades within 500 hours
have these engine, propeller, and airplane since the last Hartzell SB No. 136E, or later Issued in Burlington, Massachusetts, on
combinations. Revision, inspection, and thereafter within February 11, 2005.
(e) The parentheses appearing in the 500 service hour intervals, using Paragraph 3 Jay J. Pardee,
propeller model number indicates the of the Accomplishment Instructions of Manager, Engine and Propeller Directorate,
presence or absence of an additional letter(s) Hartzell SB No. 136, Revision Letter ‘‘I,’’ Aircraft Certification Service.
that varies the basic propeller model. This dated April 25, 2003. [FR Doc. 05–3046 Filed 2–18–05; 8:45 am]
AD still applies regardless of whether these (2) Replace before further flight all blades
letters are present or absent in the propeller BILLING CODE 4910–13–P
showing evidence of cracks or other
model designation.
unairworthy conditions, as noted in Hartzell
Unsafe Condition SB No. 136, Revision Letter ‘‘I,’’ dated April
25, 2003, with airworthy blades. DEPARTMENT OF HOMELAND
(f) This AD results from a review of all
currently effective ADs. That review
SECURITY
Hartzell SB No. 136
determined that Priority Letter AD 88–24–15
was not published in the Federal Register to (k) Since Hartzell SB No. 136E was issued, Customs and Border Protection
make it effective to all operators, as opposed the SB has been revised to 136F, 136G, 136H,
to just the operators who received actual and 136I. Any of these revisions are suitable 19 CFR Part 162
notice of the original Priority Letter AD. This for determining past compliance, as they are
all approved as alternative methods of [CBP Dec. 05–02]
AD also results from the discovery that the
original AD omitted an airplane model with compliance (AMOC). After the effective date RIN 1651–AA48
a certain STC from the applicability. We are of this AD, compliance is restricted to SB No.
issuing this AD to prevent possible blade 136, Revision Letter ‘‘I,’’ or later versions Publication of Administrative
failure near the hub which can result in blade when approved by an AMOC.
Forfeiture Notices
separation, engine separation, damage to the
Optional Terminating Action
airplane, and possible loss of the airplane. AGENCY: Bureau of Customs and Border
(l) Installation of propeller blades, P/N Protection, Homeland Security.
Compliance T10282N( ), T10282NB( ), T10282NK( ), or
(g) You are responsible for having the T10282NE( ) as applicable, onto a Hartzell ACTION: Final rule.
actions required by this AD performed within Propeller Inc. model HC–B3TN–5( ) propeller
the compliance times specified unless the SUMMARY: This document adopts as a
constitutes terminating action to the
actions have already been done. inspections, repairs, and replacements final rule, a proposed amendment to the
specified in paragraphs (i) through (j)(2) of Bureau of Customs and Border
Required Actions Protection (CBP) Regulations published
this AD.
(h) Within 10 hours time-in-service (TIS) in the Federal Register on January 14,
after the effective date of this AD, perform a Alternative Methods of Compliance
2004, to raise the threshold value of
document search to determine if the (m) The Manager, Chicago Aircraft seized property for which CBP must
following actions have been done: Certification Office, has the authority to
(1) The propeller blades meet the initial publish a forfeiture notice in a
approve alternate methods of compliance for newspaper from $2,500 to $5,000. By
and repetitive compliance requirements of this AD if requested using the procedures
Priority Letter AD 88–24–15. changing the requirements for
found in 14 CFR 39.19.
(2) The P/N T10282( ) propeller blades publication of administrative forfeiture
have been replaced with P/N T10282N( ), Material Incorporated by Reference notices, the amendment significantly
T10282NB( ), T10282NK( ), or T10282NE( ) (n) You must use Hartzell SB No. 136 (HC– reduces the publication costs incurred
propeller blades. SB–61–136), Revison Letter ‘‘I,’’ dated April by CBP, which have often exceeded the
(i) If the actions in paragraph (h)(1) or 25, 2003, to perform the inspections required value of seized property.
(h)(2) of this AD have not been done, then by this AD. The Director of the Federal
do one of the following: EFFECTIVE DATE: March 24, 2005.
Register approved the incorporation by
(1) Inspect the blades using Paragraph 3 of FOR FURTHER INFORMATION CONTACT:
reference of this service bulletin in
the Accomplishment Instructions of Hartzell Ricardo Scheller, Seizures & Penalties
accordance with 5 U.S.C. 552(a) and 1 CFR
Service Bulletin (SB) No. 136, Revision Letter Branch, (202) 344–1095.
‘‘I,’’ dated April 25, 2003, within 500 hours part 51. You can get a copy from Hartzell
time-since-new (TSN) or time-since-last- Propeller Inc. Technical Publications SUPPLEMENTARY INFORMATION:
overhaul (TSLO) and not to exceed two years Department, One Propeller Place, Piqua, OH
45356; telephone (937) 778–4200; fax (937) Background
after the effective date of this AD, whichever
occurs first; and thereafter within 500 778–4391. You can review copies at the FAA, Section 162.45 of the Customs and
service-hour intervals; or New England Region, Office of the Regional Border Protection (CBP) Regulations (19
(2) Replace with P/N T10282N( ), Counsel, 12 New England Executive Park,
CFR 162.45) sets forth the procedure
T10282NB( ), T10282NK( ), or T10282NE( ) Burlington, MA, or at the National Archives
and Records Administration (NARA). For that CBP must follow when it seizes and
propeller blades as applicable, within 500
hours TSN or TSLO and not to exceed two information on the availability of this gives notice of intent to forfeit property
years after the effective date of this AD, material at NARA, call 202–741–6030, or go under administrative forfeiture
whichever occurs first. to: http://www.archives.gov/federal_register/ proceedings, as required by section 607
(j) If the actions in paragraph (h)(1) of this code_of_federal_regulations/ of the Tariff Act of 1930, as amended
AD have been done, but not the actions in ibr_locations.html. (19 U.S.C. 1607). The statutory language
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