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

18477 

Vol. 74, No. 77 

Thursday, April 23, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0261; Directorate 

Identifier 2009–CE–017–AD] 

RIN 2120–AA64 

Airworthiness Directives; DORNIER 

LUFTFAHRT GmbH Models Dornier 

228–100, Dornier 228–101, Dornier 

228–200, Dornier 228–201, Dornier 

228–202, and Dornier 228–212 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

extension of the comment period. 

SUMMARY: We are revising an earlier 

NPRM 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: 

Excessive wear on a guide pin of a power 

lever has been detected during inspections. 

The total loss of the pin could cause loss of 

the flight idle stop and lead to inadvertent 

activation of the beta mode in flight. The 

inadvertent activation of beta mode in flight 

can result in loss of control of the airplane. 

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 May 26, 2009. 

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 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility 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 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: Greg 

Davison, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 

329–4090. 

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–2009–0261; Directorate Identifier 

2009–CE–017–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 because of 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 

We proposed to amend 14 CFR part 

39 with an earlier NPRM for the 

specified products, which was 

published in the Federal Register on 

March 25, 2009 (74 FR 12737). That 

earlier NPRM proposed to require 

actions intended to address the unsafe 

condition for the products listed above. 

Since that NPRM was issued, we 

realized our interpretation of the initial 

compliance time was different than that 

in the MCAI and service bulletin based 

on differences between the FAA’s 

regulatory authority and that of the State 

of Design. In particular, the FAA does 

not specifically mandate inspections at 

9,600 hours time-in-service (TIS) and at 

1,200-hour TIS intervals without issuing 

an AD. The intent of the MCAI was 

based on these inspection intervals 

being mandatory. Therefore, the 

following should be incorporated into 

the NPRM: 

• Those airplanes that did not have 

the guide pins inspected within 9,600 

hours TIS should be inspected within 

100 hours TIS; 

• Those airplanes with more than 

1,200 hours TIS since the last inspection 

and that have not had the pins replaced 

since that inspection should have the 

inspection done again within 100 hours 

TIS; 

• All airplanes should be inspected at 

intervals not to exceed 1,200 hours TIS, 

unless the pins are replaced; and 

• Replacement of the pins would 

allow 9,600 hours TIS before a followon inspection. 

Relevant Service Information 

RUAG Aerospace Defence Technology 

has issued Dornier 228 Alert Service 

Bulletin ASB–228–279, dated December 

19, 2008. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of the 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 this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Certain changes described above 

expand the scope of the earlier NPRM. 


rwilkins on PROD1PC63 with PROPOSALS
18478 Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Proposed Rules 

As a result, we have determined that it 

is necessary to extend the comment 

period to provide additional 

opportunity for the public to comment 

on the proposed AD. 

Differences Between This Proposed 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 AD will affect 17 

products of U.S. registry. We also 

estimate that it would take about 20 

work-hours per product to comply with 

the basic requirements of this proposed 

AD. The average labor rate is $80 per 

work-hour. Required parts would cost 

about $10 per product. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $27,370, or $1,610 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: 

DORNIER LUFTFAHRT GmbH: Docket No. 

FAA–2009–0261; Directorate Identifier 

2009–CE–017–AD. 

Comments Due Date 

(a) We must receive comments by May 26, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Models Dornier 228– 

100, Dornier 228–101, Dornier 228–200, 

Dornier 228–201, Dornier 228–202, and 

Dornier 228–212 airplanes, all serial 

numbers, certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 76: Engine Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Excessive wear on a guide pin of a power 

lever has been detected during inspections. 

The total loss of the pin could cause loss of 

the flight idle stop and lead to inadvertent 

activation of the beta mode in flight. The 

inadvertent activation of beta mode in flight 

can result in loss of control of the airplane. 

For the reasons described above, this new 

EASA Airworthiness Directive (AD) 

introduces a repetitive detailed inspection of 

the guide pins of the power and condition 

levers and requires the replacement of the 

pins that exceed the allowable wear-limits. 

Actions and Compliance 

(f) Do the following actions per the 

instructions in RUAG Aerospace Defence 

Technology Dornier 228 Alert Service 

Bulletin ASB–228–279, dated December 19, 

2008: 

(1) Initial Inspection: Unless already done 

within the last 1,200 hours TIS as of the 

effective date of this AD, inspect upon 

accumulating 9,600 hours on the guide pins 

of the power and condition levers or within 

the next 100 hours TIS after the effective date 

of this AD, whichever occurs later. 

(2) Repetitive Inspections: Inspect within 

1,200 hours since the last inspection required 

by paragraph (f)(1) of this AD and thereafter 

at intervals not to exceed 1,200 hours TIS. 

(3) Replacement: Replace the guide pins as 

follows: 

(i) Before further flight, after any 

inspection required in paragraphs (f)(1) or 

(f)(2) of this AD, where any guide pin 

exceeds the acceptable wear-limits as defined 

in the service bulletin; and 

(ii) Prior to any required inspection, you 

may install new power and condition levers 

guide pins instead of doing the inspections 

required in this AD. You must then inspect 

or install new pins upon accumulating 9,600 

hours TIS and follow the repetitive 

inspection intervals of this AD if replacement 

is not made. 

Note 1: If the hours TIS of the throttle box 

assembly is unknown, you may use the hours 

TIS of the airplane to determine the 

compliance time for the inspection. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

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: Greg Davison, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(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. 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Proposed Rules 18479 

Corrective actions are considered FAAapproved 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 

(h) Refer to MCAI EASA AD No.: 2009– 

0031, dated February 18, 2009; and RUAG 

Aerospace Defence Technology Dornier 228 

Alert Service Bulletin ASB–228–279, dated 

December 19, 2008, for related information. 

Issued in Kansas City, Missouri, on April 

16, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–9327 Filed 4–22–09; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2005–SC–0002–200535(b); 

FRL–8894–7] 

Approval and Promulgation of 

Implementation Plans; South Carolina; 

NOX SIP Call Phase II 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a source-specific State Implementation 

Plan (SIP) revision submitted by the 

South Carolina Department of Health 

and Environmental Control on April 14, 

2005. This revision responds to EPA’s 

regulation entitled, ‘‘Interstate Ozone 

Transport: Response to Court Decisions 

on the Nitrogen Oxides (NOX) SIP Call, 

NOX SIP Call Technical Amendments, 

and Section 126 Rules,’’ otherwise 

known as the ‘‘NOX SIP Call Phase II.’’ 

This revision meets the requirements of 

the NOX SIP Call Phase II, which 

requires South Carolina to submit NOX

SIP Call Phase II revisions necessary to 

achieve applicable, incremental 

reductions of NOX, including emission 

reductions from large internal 

combustion engines. Transcontinental 

Gas Pipeline Corporation Station 140 

(Transco) is the only facility in South 

Carolina affected by the NOX SIP Call 

Phase II. The intended effect of this SIP 

revision is to reduce emissions of NOX

originating in the State of South 

Carolina to help attain and maintain the 

national ambient air quality standard for 

ozone. This action is being taken 

pursuant to section 110 of the Clean Air 

Act. 

In the Final Rules Section of this 

Federal Register, EPA is approving the 

State’s source-specific SIP revision as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 

DATES: Written comments must be 

received on or before May 26, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2005–SC–0002, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: ward.nacosta@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2005–SC– 

0002,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Nacosta 

C. Ward, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9140. 

Ms. Ward can also be reached via 

electronic mail at 

ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

Dated: April 10, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–9223 Filed 4–22–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2009–0219; FRL–8894–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Michigan; Redesignation of 

the Detroit-Ann Arbor Area to 

Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to make a 

determination under the Clean Air Act 

(CAA) that the Detroit-Ann Arbor 

nonattainment area has attained the 8- 

hour ozone National Ambient Air 

Quality Standard (NAAQS). The DetroitAnn Arbor area includes Lenawee, 

Livingston, Macomb, Monroe, Oakland, 

St. Clair, Washtenaw, and Wayne 

Counties. This determination is based 

on quality-assured ambient air quality 

monitoring data for the 2006–2008 

ozone seasons that demonstrate that the 

8-hour ozone NAAQS has been attained 

in the area. 

EPA is proposing to approve a request 

from the State of Michigan to 

redesignate the Detroit-Ann Arbor area 

to attainment of the 8-hour ozone 

NAAQS. The Michigan Department of 

Environmental Quality (MDEQ) 

submitted this request on March 6, 

2009. In proposing to approve this 

request EPA is also proposing to 

approve, as a revision to the Michigan 

State Implementation Plan (SIP), the 

State’s plan for maintaining the 8-hour 

ozone NAAQS through 2020 in the area. 

EPA is proposing to approve the 2005 

base year emissions inventory for the 

Detroit-Ann Arbor area as meeting the 

requirements of section 182(a)(1) of the 

CAA. EPA also finds adequate and is 

proposing to approve the State’s 2020 


rwilkins on PROD1PC63 with PROPOSALS