70938 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 

cracking of the aft and forward surfaces of the 

bulkhead web at nacelle station 180, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–54A2220, dated July 31, 2003. 

(1) If no cracking is detected, repeat the 

detailed inspection at the applicable intervals 

specified in the ‘‘Repeat Inspection Interval’’

column of Tables 1 and 2 in Figure 1 of the 

service bulletin. 

(2) If any cracking is detected, before 

further flight, repair the cracking in 

accordance with the service bulletin, except 

as provided by paragraph (f)(3) of this AD. 

Thereafter, repeat the detailed inspection at 

the applicable intervals specified in the 

‘‘Repeat Inspection Interval’’ column of 

Tables 1 and 2 in Figure 1 of the service 

bulletin. 

(3) If any cracking exceeds the repair limits 

specified in the applicable Structural Repair 

Manual (referenced in the service bulletin), 

before further flight, repair the cracking in 

accordance with a method approved by the 

Manager, Seattle Aircraft Certification Office 

(ACO), FAA; or in accordance with data 

meeting the type certification basis of the 

airplane approved by a Boeing Company 

Designated Engineering Representative who 

has been authorized by the Manager, Seattle 

ACO, to make such findings. For a repair 

method to be approved, the approval must 

specifically reference this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Seattle ACO, FAA, has 

the authority to approve AMOCs for this AD, 

if requested in accordance with the 

procedures found in 14 CFR 39.19. 

(2) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by a 

Boeing Company Designated Engineering 

Representative who has been authorized by 

the Manager, Seattle ACO, to make those 

findings. For a repair method to be approved, 

the approval must specifically refer to this 

AD.

Issued in Renton, Washington, on 

November 30, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26920 Filed 12–7–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19766; Directorate 

Identifier 2002–NM–161–AD] 

RIN 2120–AA64

Airworthiness Directives; BAE 

Systems (Operations) Limited 

(Jetstream) Model 4101 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 

BAE Systems (Operations) Limited 

(Jetstream) Model 4101 airplanes. This 

proposed AD would require replacing 

the aileron trim chain with a new, 

improved aileron trim chain, and 

modifying the installation of the aileron 

trim chain. This proposed AD is 

prompted by a report that the aileron 

trim cables were connected incorrectly 

on a correctly installed aileron trim 

chain. We are proposing this AD to 

prevent incorrect connection of the 

aileron trim cables, which could result 

in failure of the aileron trim system and 

consequent reduced controllability of 

the airplane.

DATES: We must receive comments on 

this proposed AD by January 7, 2005.

ADDRESSES: Use one of the following 

addresses 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. 

• By fax: (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. 

For service information identified in 

this proposed AD, contact British 

Aerospace Regional Aircraft American 

Support, 13850 Mclearen Road, 

Herndon, Virginia 20171. 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC. 

This docket number is FAA–2004–

19766; the directorate identifier for this 

docket is 2002–NM–161–AD.

FOR FURTHER INFORMATION CONTACT: 

Technical information: Todd 

Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19766; Directorate Identifier 

2002–NM–161–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments submitted by the 

closing date and may amend the 

proposed AD in light of those 

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 AD. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments in 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.). You can 

review the DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov.

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

Examining the Docket 

You can examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 70939

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

The Civil Aviation Authority (CAA), 

which is the airworthiness authority for 

the United Kingdom, notified us that an 

unsafe condition may exist on all BAE 

Systems (Operations) Limited 

(Jetstream) Model 4101 airplanes. The 

CAA advises that, during a test flight 

following maintenance work, the aileron 

trim system did not function correctly. 

Investigation revealed that the aileron 

trim cables were connected incorrectly 

(cross-connected), though the aileron 

trim chain was installed correctly. This 

condition, if not corrected, could result 

in failure of the aileron trim system and 

consequent reduced controllability of 

the airplane. 

Relevant Service Information 

BAE Systems (Operations) Limited 

has issued Service Bulletin J41–27–061, 

Revision 1, dated July 12, 2002. The 

service bulletin describes procedures for 

replacing the aileron trim chain with a 

new, improved aileron trim chain, and 

modifying the installation of the aileron 

trim chain. The aileron trim cables 

cannot be cross-connected on the new 

aileron trim chain. Thus, accomplishing 

the actions specified in the service 

information is intended to adequately 

address the unsafe condition. The CAA 

mandated the service information and 

issued British airworthiness directive 

006–11–2001 to ensure the continued 

airworthiness of these airplanes in the 

United Kingdom.

FAA’s Determination and Requirements 

of the Proposed AD 

This airplane model is manufactured 

in the United Kingdom and is 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. Pursuant to this bilateral 

airworthiness agreement, the CAA has 

kept the FAA informed of the situation 

described above. We have examined the 

CAA’s findings, evaluated all pertinent 

information, and determined that we 

need to issue an AD for products of this 

type design that are certificated for 

operation in the United States. 

Therefore, we are proposing this AD, 

which would require accomplishing the 

actions specified in the service 

information described previously, 

except as discussed under ‘‘Differences 

Among the Proposed AD, Service 

Information, and British Action.’’

Differences Among the Proposed AD, 

Service Information, and British Action 

British airworthiness directive 006–

11–2001 specifies a compliance time of 

‘‘not later than the next aileron trim 

circuit break down, or by 31 March 

2005, whichever is the sooner.’’ This 

proposed AD specifies a compliance 

time of 30 months after the effective 

date of this AD. We find that this is a 

compliance time that is comparable in 

length to that in the British 

airworthiness directive, will allow the 

majority of operators sufficient time to 

accomplish the proposed action during 

a regularly scheduled maintenance visit, 

and will not compromise safety. 

The Accomplishment Instructions of 

the referenced service bulletin describe 

procedures for reporting compliance 

with the service bulletin. This proposed 

AD would not require that action. 

Costs of Compliance 

This proposed AD would affect about 

57 airplanes of U.S. registry. The 

proposed actions would take about 36 

work hours per airplane, at an average 

labor rate of $65 per work hour. 

Required parts would cost about $2,500 

per airplane. Based on these figures, the 

estimated cost of the proposed AD for 

U.S. operators is $275,880, or $4,840 per 

airplane. 

Authority for this Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701, ‘‘General requirements.’’ Under 

that section, the FAA is charged 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 AD. 

Regulatory Findings 

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. 

For the reasons discussed above, I 

certify that the 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. See the ADDRESSES

section for a location to examine the 

regulatory evaluation.

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 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 airworthiness 

directive (AD):

BAE Systems (Operations) Limited 

(Formerly British Aerospace Regional 

Aircraft): Docket No. FAA–2004–19766; 

Directorate Identifier 2002–NM–161–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

January 7, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all BAE Systems 

(Operations) Limited (Jetstream) Model 4101 

airplanes, certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by a report that 

the aileron trim cables can be connected 

70940 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Proposed Rules 

incorrectly on a correctly installed aileron 

trim chain. We are issuing this AD to prevent 

incorrect connection of the aileron trim 

cables, which could result in failure of the 

aileron trim system and consequent reduced 

controllability of the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Replacement of Aileron Trim Chain and 

Modification of Installation 

(f) Within 30 months after the effective 

date of this AD: Replace the aileron trim 

chain, part number (P/N) 14127003–401, 

with a new, improved aileron trim chain, P/

N 14127003–403; and modify the installation 

of the aileron trim chain; according to the 

Accomplishment Instructions of BAE 

Systems (Operations) Limited Service 

Bulletin J41–27–061, Revision 1, dated July 

12, 2002. 

Actions Accomplished According to 

Previous Issue of Service Bulletin 

(g) Replacements and modifications 

accomplished before the effective date of this 

AD according to of BAE Systems (Operations) 

Limited Service Bulletin J41–27–061, dated 

November 7, 2001, are considered acceptable 

for compliance with the corresponding 

actions specified in this AD. 

No Reporting Requirement 

(h) Although the service bulletin 

referenced in this AD specifies to report 

compliance information to the manufacturer, 

this AD does not include that requirement. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

Related Information 

(j) British airworthiness directive 006–11–

2001 also addresses the subject of this AD.

Issued in Renton, Washington, on 

November 30, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26919 Filed 12–7–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF AGRICULTURE

Forest Service 

36 CFR Part 242

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100

RIN 1018–AT81

Subsistence Management Regulations 

for Public Lands in Alaska

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

SUMMARY: This proposed rule would 

revise and clarify the jurisdiction of the 

Federal Subsistence Management 

Program in coastal areas in 

southwestern Alaska. This rulemaking 

is necessary in order to exclude 

numerous saltwater embayments within 

National Wildlife Refuge boundaries 

that were not withdrawn prior to 

Statehood, were never intended to fall 

under the subsistence management 

jurisdiction, but have been 

unintentionally included within the 

Subsistence Management Program 

jurisdiction.

DATES: We must receive your written 

public comments on this proposed rule 

no later than January 24, 2005.

ADDRESSES: Please submit comments 

electronically to Subsistence@fws.gov. 

See SUPPLEMENTARY INFORMATION for file 

formats and other information about 

electronic filing. You may also submit 

written comments to the Office of 

Subsistence Management, 3601 C Street, 

Suite 1030, Anchorage, Alaska 99503.

FOR FURTHER INFORMATION CONTACT:

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Thomas H. Boyd, Office of 

Subsistence Management; (907) 786–

3888. For questions specific to National 

Forest System lands, contact Steve 

Kessler, Regional Subsistence Program 

Leader, USDA, Forest Service, Alaska 

Region, (907) 786–3888.

SUPPLEMENTARY INFORMATION: Electronic 

filing of comments (preferred method): 

Please submit electronic comments 

(proposals) and other data to 

Subsistence@fws.gov. Please submit as 

either WordPerfect or MS Word files, 

avoiding the use of any special 

characters and any form of encryption. 

The Federal Subsistence Board will 

hold a public meeting in Anchorage, 

Alaska, within the comment period to 

receive comments on this proposed rule. 

Widespread notice will be made of this 

meeting in the Statewide newspapers 

and by general news release. 

Background 

In Title VIII of the Alaska National 

Interest Lands Conservation Act 

(ANILCA) (16 U.S.C. 3111–3126), 

Congress found that ‘‘the situation in 

Alaska is unique in that, in most cases, 

no practical alternative means are 

available to replace the food supplies 

and other items gathered from fish and 

wildlife which supply rural residents 

dependent on subsistence uses * * *’’

and that ‘‘continuation of the 

opportunity for subsistence uses of 

resources on public and other lands in 

Alaska is threatened * * *’’ As a result, 

Title VIII requires, among other things, 

that the Secretary of the Interior and the 

Secretary of Agriculture (Secretaries) 

implement a joint program to grant a 

preference for subsistence uses of fish 

and wildlife resources on public lands 

in Alaska, unless the State of Alaska 

enacts and implements laws of general 

applicability that are consistent with 

ANILCA and that provide for the 

subsistence definition, preference, and 

participation specified in Sections 803, 

804, and 805 of ANILCA. 

The State implemented a program that 

the Department of the Interior 

previously found to be consistent with 

ANILCA. However, in December 1989, 

the Alaska Supreme Court ruled in 

McDowell v. State of Alaska that the 

rural preference in the State subsistence 

statute violated the Alaska Constitution. 

The Court’s ruling in McDowell required 

the State to delete the rural preference 

from the subsistence statute and, 

therefore, negated State compliance 

with ANILCA. The Court stayed the 

effect of the decision until July 1, 1990. 

As a result of the McDowell decision, 

the Department of the Interior and the 

Department of Agriculture 

(Departments) assumed, on July 1, 1990, 

responsibility for implementation of 

Title VIII of ANILCA on public lands. 

On June 29, 1990, the Departments 

published the Temporary Subsistence 

Management Regulations for Public 

Lands in Alaska in the Federal Register

(55 FR 27114). 

As a result of this joint process 

between Interior and Agriculture, these 

regulations can be found in the Code of 

Federal Regulations (CFR) both in Title 

36, ‘‘Parks, Forests, and Public 

Property,’’ and Title 50, ‘‘Wildlife and 

Fisheries,’’ at 36 CFR 242.1–242.28 and 

50 CFR 100.1–100.28, respectively. The 

regulations contain subparts as follows: 

Subpart A, General Provisions; Subpart 

B, Program Structure; Subpart C, Board