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

62003

Vol. 69, No. 204

Friday, October 22, 2004

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19222; Directorate 

Identifier 2004–CE–29–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eagle 

Aircraft (Malaysia) Sdn. Bhd. Model 

Eagle 150B Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Eagle Aircraft (Malaysia) Sdn. Bhd. 

Model Eagle 150B airplanes. This 

proposed AD would require you to 

inspect the port and starboard 

undercarriage attach bracket for 

unwelded areas and replace the attach 

bracket if unwelded areas are found. 

This proposed AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by the 

airworthiness authority for Malaysia. 

We are issuing this proposed AD to 

detect and correct inadequate welding 

of the undercarriage, which could result 

in cracks. This failure could lead to loss 

of control of the airplane.

DATES: We must receive any comments 

on this proposed AD by November 29, 

2004.

ADDRESSES: Use one of the following to 

submit comments on this proposed AD: 

• DOT Docket Web site: Go to http:/

/dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

To get the service information 

identified in this proposed AD, contact 

Eagle Aircraft (Malaysia) Sdn. Bhd., PO 

Box 1028, Pejabat Pos Besar, Melanka, 

Malaysia, 75150; telephone: (606) 317–

4105; facsimile: (606) 317–7213. 

To view the comments to this 

proposed AD, go to http://dms.dot.gov.

This is docket number FAA–2004–

19222.

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, 

Small Airplane Directorage, ACE–112, 

901 Locust, Rm 301, Kansas City, 

Missouri 64106; telephone: (816) 329–

4146; facsimile: (816) 329–4149.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

How do I comment on this proposed 

AD? We invite you to submit any 

written relevant data, views, or 

arguments regarding this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include the docket 

number, ‘‘FAA–2004–19222; Directorate 

Identifier 2004–CE–29–AD’’ at the 

beginning of your comments. We will 

post all comments we receive, without 

change, to http://dms.dot.gov, including 

any personal information you provide. 

We will also post a report summarizing 

each substantive verbal contact with 

FAA personnel concerning this 

proposed rulemaking. Using the search 

function of our docket Web site, anyone 

can find and read the comments 

received into any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). This is 

docket number FAA–2004–19222. You 

may review the DOT’s complete Privacy 

Act Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78) or you may visit http://

dms.dot.gov.

Are there any specific portions of this 

proposed AD I should pay attention to?

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this proposed AD. If you contact us 

through a nonwritten communication 

and that contact relates to a substantive 

part of this proposed AD, we will 

summarize the contact and place the 

summary in the docket. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD in light of those comments 

and contacts. 

Docket Information 

Where can I go to view the docket 

information? You may view the AD 

docket that contains the proposal, any 

comments received, and any final 

disposition in person at the DMS Docket 

Offices between 9 a.m. and 5 p.m. 

(eastern standard time), Monday 

through Friday, except Federal holidays. 

The Docket Office (telephone 1–800–

647–5227) is located on the plaza level 

of the Department of Transportation 

NASSIF Building at the street address 

stated in ADDRESSES. You may also view 

the AD docket on the Internet at http:/

/dms.dot.gov. The comments will be 

available in the AD docket shortly after 

the DMS receives them. 

Discussion 

What events have caused this 

proposed AD? The Department of Civil 

Aviation, Malaysia (DCA), which is the 

airworthiness authority for Malaysia, 

recently notified FAA that an unsafe 

condition may exist on all Eagle Aircraft 

Sdn. Bhd. Model Eagle 150B airplanes. 

The DCA reports one case of finding 

cracks on a port main undercarriage 

attach bracket during a routine 

inspection. An unwelded area on the 

adjoining plates of the bracket may have 

caused stress that resulted in the 

cracking.

What is the potential impact if FAA 

took no action? Inadequate welding of 

the undercarriage attach bracket could 

result in cracks. This failure could lead 

to loss of control of the airplane. 

Is there service information that 

applies to this subject? Eagle Aircraft 

Sdn. Bhd. has issued Alert Service 

Bulletin SB 1123, dated August 8, 2004. 

What are the provisions of this service 

information? The service bulletin 

includes procedures for inspecting the 

port and starboard undercarriage attach 

bracket for unwelded areas. 

What action did the DCA take? The 

DCA classified this service bulletin as 

mandatory and issued Malaysian CAM 

AD 001–08–2004 to ensure the 

continued airworthiness of these 

airplanes in Malaysia. 

62004 Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Proposed Rules 

Did the DCA inform the United States 

under the bilateral airworthiness 

agreement? These Eagle 150B airplanes 

are manufactured in Malaysia and are 

type-certificated for operation in the 

United States under the provisions of 

section 21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. 

Under this bilateral airworthiness 

agreement, the DCA has kept us 

informed of the situation described 

above. 

FAA’s Determination and Requirements 

of This Proposed AD 

What has FAA decided? We have 

examined the DCA’s findings, reviewed 

all available information, and 

determined that AD action is necessary 

for products of this type design that are 

certificated for operation in the United 

States. 

Since the unsafe condition described 

previously is likely to exist or develop 

on other Eagle 150B airplanes of the 

same type design that are registered in 

the United States, we are proposing AD 

action to detect and correct inadequate 

welding of the undercarriage attach 

bracket, which could result in cracks. 

This failure could lead to loss of control 

of the airplane. 

What would this proposed AD 

require? This proposed AD would 

require you to inspect the port and 

starboard undercarriage attach bracket 

for unwelded areas in the locations 

specified in the service information and 

replace the attach bracket if unwelded 

areas are found. 

How does the revision to 14 CFR part 

39 affect this proposed AD? On July 10, 

2002, we published a new version of 14 

CFR part 39 (67 FR 47997, July 22, 

2002), which governs FAA’s AD system. 

This regulation now includes material 

that relates to altered products, special 

flight permits, and alternative methods 

of compliance. This material previously 

was included in each individual AD. 

Since this material is included in 14 

CFR part 39, we will not include it in 

future AD actions. 

Costs of Compliance 

How many airplanes would this 

proposed AD impact? We estimate that 

this proposed AD affects 13 airplanes in 

the U.S. registry. 

What would be the cost impact of this 

proposed AD on owners/operators of the 

affected airplanes? We estimate the 

following costs to accomplish this 

proposed inspection:

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

.5 work hours × $65 per hour = $32.50 ...................................................................................... N/A $32.50 $422.50 

We estimate the following costs to 

accomplish any necessary replacements 

that would be required based on the 

results of this proposed inspection. We 

have no way of determining the number 

of airplanes that may need this 

replacement:

Labor cost Parts cost Total cost

per airplane 

1 work hour × $65 per hour = $65 ........... If the attach bracket requires replacement, Eagle Aircraft has agreed to provide 

the parts without cost..

$65 

Regulatory Findings 

Would this proposed AD impact 

various entities? We have 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. 

Would this proposed AD involve a 

significant rule or regulatory action? For 

the reasons discussed above, I certify 

that this proposed AD: 

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 summary of the costs 

to comply with this proposed AD and 

placed it in the AD Docket. You may get 

a copy of this summary by sending a 

request to us at the address listed under 

ADDRESSES. Include ‘‘AD Docket FAA–

2004–19222; Directorate Identifier 

2004–CE–29–AD’’ in your request.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety.

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

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 airworthiness 

directive (AD):

Eagle Aircraft (Malaysia) Sdn. Bhd.: Docket 

No. FAA–2004–19222; Directorate 

Identifier 2004–CE–29–AD 

When Is the Last Date I Can Submit 

Comments on This Proposed AD? 

(a) We must receive comments on this 

proposed airworthiness directive (AD) by 

November 29, 2004. 

What Other ADs Are Affected by This 

Action? 

(b) None. 

What Airplanes Are Affected by This AD? 

(c) This AD affects the following airplane 

models and serial numbers that are 

certificated in any category: Eagle Aircraft 

(Malaysia) Sdn. Bhd. Eagle 150B airplanes, 

serial numbers 016 through 044, M1001 

through M1003, and M1005. 

What Is the Unsafe Condition Presented in 

This AD? 

(d) This AD is the result of unwelded areas 

on the undercarriage attach bracket. The 

actions specified in this AD are intended to 

detect and correct inadequate welding of the 

undercarriage, which could result in cracks. 

This failure could lead to loss of control of 

the airplane. 

Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Proposed Rules 62005

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following:

Actions Compliance Procedures 

(1) Inspect the port and starboard undercarriage attach bracket for unwelded areas.Within 50 hours time-in-service after the effective date of this AD.Follow Eagle Aircraft Service Bulletin SB 

1123, dated August 8, 2004. 

(2) If unwelded areas are found: ........................

(i) contact the manufacturer for replacement 

parts at mailing address Eagle Aircraft, P.O. 

Box 1028, Pejabat Pos Besar, Melaka, Malaysia 75150; telephone: (606) 317–4105, 

facsimile: (606) 317–7213; and 

(ii) install the replacement parts 

Prior to further flight after the inspection required by paragraph (e)(1) of this AD.Follow Eagle Aircraft Service Bulletin SB 

1123, dated August 8, 2004. 

May I Request an Alternative Method of 

Compliance? 

(f) You may request a different method of 

compliance or a different compliance time 

for this AD by following the procedures in 14 

CFR 39.19. Unless FAA authorizes otherwise, 

send your request to your principal 

inspector. The principal inspector may add 

comments and will send your request to the 

Manager, Standards Office, Small Airplane 

Directorate, FAA. For information on any 

already approved alternative methods of 

compliance, contact Karl Schletzbaum, 

Aerospace Engineer, Small Airplane 

Directorage, ACE–112, 901 Locust, Rm 301, 

Kansas City, Missouri, 64106; telephone: 

(816) 329–4146; facsimile: (816) 329–4149. 

Is There Other Information That Relates to 

This Subject? 

(g) DCA CAM AD 001–08–2004, dated 

August 12, 2004, and Eagle Aircraft Alert 

Service Bulletin SB 1123, dated August 8, 

2004, also address the subject of this AD. 

May I Get Copies of the Documents 

Referenced in This AD? 

(h) To get copies of the documents 

referenced in this AD, contact Eagle Aircraft, 

PO Box 1028, Pejabat Pos Besar, Melaka, 

Malaysia, 75150; telephone: (606) 317–4105; 

facsimile: (606) 317–7213. To view the AD 

docket, go to the Docket Management 

Facility; U.S. Department of Transportation, 

400 Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC, or on the 

Internet at http://dms.dot.gov. This is docket 

number FAA–2004–19222.

Issued in Kansas City, Missouri, on 

October 14, 2004. 

William J. Timberlake, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–23623 Filed 10–21–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19078; Directorate 

Identifier 98–CE–17–AD] 

RIN 2120–AA64 

Airworthiness Directives; Raytheon 

Aircraft Company (Raytheon) Beech 

200 Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to revise 

AD 98–20–38, which applies to all 

Beech 200 series airplanes. AD 98–20–

38 requires you to revise the FAAapproved Airplane Flight Manual 

(AFM) to specify procedures that would 

prohibit flight in severe icing conditions 

(as determined by certain visual cues), 

limit or prohibit the use of various flight 

control devices while in severe icing 

conditions, and provide the flight crew 

with recognition cues for and 

procedures for exiting from severe icing 

conditions. Part of the applicability of 

AD 98–20–38 includes the Raytheon 

Models B200 and B200C airplanes. AD 

96–09–13 already requires AFM 

revisions on this subject for these 

airplane models. Consequently, FAA is 

revising AD 98–20–38 to remove the 

Models B200 and B200C from the 

applicability and add clarification that 

AD 96–09–13 affects these airplanes. We 

are issuing this proposed AD to 

minimize the potential hazards 

associated with operating these 

airplanes in severe icing conditions by 

providing more clearly defined 

procedures and limitations.

DATES: We must receive any comments 

on this proposed AD by December 7, 

2004.

ADDRESSES: Use one of the following to 

submit comments on this proposed AD: 

• DOT Docket Web site: Go to http:

//dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may view the comments to this 

proposed AD in the AD docket on the 

Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. 

Paul Pellicano, Aerospace Engineer 

(Icing Specialist), Atlanta Aircraft 

Certification Office, FAA, One Crown 

Center, 1895 Phoenix Boulevard, Suite 

450, Atlanta, Georgia 30349; telephone: 

(770) 703–6064: facsimile: (770) 703–

6097.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

How do I comment on this proposed 

AD? We invite you to submit any 

written relevant data, views, or 

arguments regarding this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include the docket 

number, ‘‘FAA–2004–19078; Directorate 

Identifier. 98–CE–17–AD’’ at the 

beginning of your comments. We will 

post all comments we receive, without 

change, to http://dms.dot.gov, including 

any personal information you provide. 

We will also post a report summarizing 

each substantive verbal contact with 

FAA personnel concerning this 

proposed rulemaking. Using the search 

function of our docket Web site, anyone 

can find and read the comments 

received into any of our dockets,