This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

76317 

Vol. 75, No. 235 

Wednesday, December 8, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1164; Directorate 

Identifier 2010–NM–057–AD] 

RIN 2120–AA64 

Airworthiness Directives; Gulfstream 

Aerospace LP (Type Certificate 

Previously Held by Israel Aircraft 

Industries, Ltd.) Model Astra SPX, 1125 

Westwind Astra, and Gulfstream 100 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Sponge rubber padding used to provide 

separation between wheel well fuel lines and 

electrical harnesses was discovered during 

fleet maintenance. Use of this type of 

padding for this purpose is not approved as 

it is liable to cause corrosion of the fuel lines. 

Unless steps are taken to remove this 

padding and install approved separation 

means, fuel lines may be damaged by 

corrosion and/or chafing resulting in an 

unsafe condition due to fuel leakage[, which 

could result in a fire] in the wheel well area. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by January 24, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Gulfstream 

Aerospace Corporation, P.O. Box 2206, 

Mail Station D–25, Savannah, Georgia 

31402–2206; telephone 800–810–4853; 

fax 912–965–3520; e-mail 

pubs@gulfstream.com; Internet http:// 

www.gulfstream.com/product_support/ 

technical_pubs/pubs/index.htm. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Mike Borfitz, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2677; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–1164; Directorate Identifier 

2010–NM–057–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The Civil Aviation Authority of Israel 

(CAAI), which is the aviation authority 

for Israel, has issued Israeli 

Airworthiness Directive 28–10–02–01, 

dated February 22, 2010 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Sponge rubber padding used to provide 

separation between wheel well fuel lines and 

electrical harnesses was discovered during 

fleet maintenance. Use of this type of 

padding for this purpose is not approved as 

it is liable to cause corrosion of the fuel lines. 

Unless steps are taken to remove this 

padding and install approved separation 

means, fuel lines may be damaged by 

corrosion and/or chafing resulting in an 

unsafe condition due to fuel leakage[, which 

could result in a fire] in the wheel well area. 

Corrective actions include installing 

loop clamps to correct improper 

separation and removing sponge rubber 

padding, and repair or replacement of 

any corroded or chafed fuel lines found 

after sponge rubber padding removal. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Gulfstream Aerospace LP has issued 

Service Bulletin 100–28–297, dated 

January 21, 2010. The actions described 

in this service information are intended 

to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76318 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 130 products of U.S. 

registry. We also estimate that it would 

take about 25 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $100 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these costs. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$289,250, or $2,225 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Gulfstream Aerospace LP (Type Certificate 

Previously Held by Israel Aircraft 

Industries, Ltd.): Docket No. FAA–2010– 

1164; Directorate Identifier 2010–NM– 

057–AD. 

Comments Due Date 

(a) We must receive comments by January 

24, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Gulfstream 

Aerospace LP (Type Certificate previously 

held by Israel Aircraft Industries, Ltd.) Model 

Astra SPX, 1125 Westwind Astra, and 

Gulfstream 100 airplanes, serial numbers 002 

through 158 inclusive; certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Sponge rubber padding used to provide 

separation between wheel well fuel lines and 

electrical harnesses was discovered during 

fleet maintenance. Use of this type of 

padding for this purpose is not approved as 

it is liable to cause corrosion of the fuel lines. 

Unless steps are taken to remove this 

padding and install approved separation 

means, fuel lines may be damaged by 

corrosion and/or chafing resulting in an 

unsafe condition due to fuel leakage[, which 

could result in a fire] in the wheel well area. 

Corrective actions include installing loop 

clamps to correct improper separation, 

removing sponge rubber padding, and repair 

or replacement of any corroded or chafed fuel 

lines found after sponge rubber padding 

removal. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Actions 

(g) Within 24 months after the effective 

date of this AD, inspect for the presence of 

sponge rubber padding on the fuel lines in 

the wheel well area and inspect the fuel lines 

and electrical harnesses in the wheel well 

area for proper separation, in accordance 

with the Accomplishment Instructions of 

Gulfstream Service Bulletin 100–28–297, 

dated January 21, 2010. 

(1) If any sponge rubber padding is found, 

before further flight, remove all sponge 

rubber padding from the fuel lines, inspect 

the fuel lines that were covered with the 

rubber padding for any corrosion and repair 

or replace as applicable any corroded or 

chafed fuel lines, in accordance with the 

Accomplishment Instructions of Gulfstream 

Service Bulletin 100–28–297, dated January 

21, 2010. 

(2) If any fuel lines and electrical harnesses 

are found to not have proper separation, 

before further flight, install loop clamps in 

accordance with the Accomplishment 

Instructions of Gulfstream Service Bulletin 

100–28–297, dated January 21, 2010. 

(3) If proper separation is found, and no 

sponge rubber padding is found, no further 

action is required by this paragraph. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

(1) Where Gulfstream Service Bulletin 100– 

28–297, dated January 21, 2010, specifies to 

submit a photo of any sponge rubber padding 

that is found to the manufacturer, this AD 

does not require that action. 

(2) Gulfstream Service Bulletin 100–28– 

297, dated January 21, 2010, instructs 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 76319 

operators to contact Gulfstream if technical 

assistance is required. However, any 

deviation from the instructions provided in 

that service bulletin must be approved as an 

alternative method of compliance (AMOC) 

under the provisions of paragraph (h) of this 

AD. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Mike Borfitz, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2677; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

The AMOC approval letter must specifically 

reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(i) Refer to MCAI Israeli Airworthiness 

Directive 28–10–02–01, dated February 22, 

2010; and Gulfstream Service Bulletin 100– 

28–297, dated January 21, 2010; for related 

information. 

Issued in Renton, Washington, on 

December 1, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–30762 Filed 12–7–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic And Atmospheric 

Administration 

15 CFR Part 922 

[0908041219–0073–01] 

RIN 0648–AX79 

Amendments to National Marine 

Sanctuary Regulations Regarding Low 

Overflights in Designated Zones 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Proposed rule; request for 

public comments. 

SUMMARY: NOAA proposes to amend the 

regulations of the Channel Islands, 

Monterey Bay, Gulf of the Farallones, 

and Olympic Coast national marine 

sanctuaries relating to sanctuary 

overflights. Specifically, NOAA 

proposes to: amend the regulations 

requiring that motorized aircraft 

maintain certain minimum altitudes 

above specified locations within the 

boundaries of the listed sanctuaries; and 

state that failure to comply with these 

altitude limits is presumed to disturb 

marine mammals or seabirds and is a 

violation of the sanctuary regulations. 

DATES: Comments on this proposed rule 

may be made until January 7, 2011. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–AX79 by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: Debra Malek, Office of 

National Marine Sanctuaries, 1305 EastWest Highway, 11th floor, Silver Spring, 

MD 20910. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will be posted to 

http://www.regulations.gov without 

change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit confidential 

business information or otherwise 

sensitive or protected information. 

ONMS will accept anonymous 

comments (enter N/A in the required 

fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Debra Malek, Office of National Marine 

Sanctuaries, 1305 East-West Highway, 

11th floor, Silver Spring, MD 20910, 

(301) 713–3125 Ext. 262. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This Federal Register document is 

also accessible via the Internet at http:// 

www.access.gpo.gov/su-docs/aces/ 

aces140.html. 

I. Background 

The National Marine Sanctuaries Act 

(NMSA) authorizes NOAA to prohibit or 

otherwise regulate activities to prevent 

or minimize the destruction of, loss of, 

or injury to a resource or quality of a 

national marine sanctuary (16 U.S.C. 

1436(1)). 

Regulations for the Monterey Bay, 

Channel Islands, Gulf of the Farallones 

and Olympic Coast National Marine 

Sanctuaries all restrict low altitude 

overflights within specified zones in 

each sanctuary (subject to certain 

exceptions) in order to protect marine 

mammals and seabirds from disturbance 

by aircraft. At Monterey Bay, Channel 

Islands, and Gulf of the Farallones, 

flights below 1000 feet are restricted 

within the designated zones. At 

Olympic Coast, flights below 2000 feet 

are restricted within one nautical mile 

of Flattery Rocks, Quillayute Needles, or 

Copalis National Wildlife Refuge, or 

within one nautical mile seaward from 

the coastal boundary of the sanctuary. 

These restrictions vary slightly with 

each sanctuary. The regulations for the 

Monterey Bay and Olympic Coast 

sanctuaries prohibit overflights below a 

certain level within designated zones— 

1000 feet in Monterey Bay and 2000 feet 

in Olympic Coast, as noted above— 

without requiring a specific showing 

that marine mammals or seabirds have 

been disturbed. The regulations for the 

Channel Islands and the Gulf of the 

Farallones prohibit disturbing marine 

mammals or seabirds by flying below 

1000 feet within specified zones of the 

sanctuaries. 

With this proposed rule, NOAA seeks 

to standardize the application of these 

restrictions by adopting a single, 

consistent and clearer regulatory 

approach regarding overflights in these 

sanctuaries. As proposed, the 

regulations for each sanctuary would 

establish a rebuttable presumption that 

flying motorized aircraft at less than 

established altitudes within any of the 

existing zones results in the disturbance 


jlentini on DSKJ8SOYB1PROD with PROPOSALS