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contains regulatory documents having general

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Rules and Regulations Federal Register

53295 

Vol. 70, No. 173 

Thursday, September 8, 2005 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–18869; Directorate 

Identifier 2004–NE–23–AD; Amendment 39– 

14256; AD 2005–18–16] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company CF34–3A1 Turbofan 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for General 

Electric Company (GE) CF34–3A1 

turbofan engines installed on 

Bombardier series Regional Jets with 

certain high pressure turbine (HPT) 

rotating components installed. This AD 

requires removal from service of certain 

HPT components prior to the parts 

exceeding their designated life limits. 

This AD results from the discovery that 

the manufacturer removed certain part 

numbers of HPT rotating components 

from the Life Limits section of the CF34 

Engine Manual, SEI–756. The effect of 

this manual change was the removal of 

life limits from certain components that 

are eligible for installation in GE CF34– 

3A1 engines. We are issuing this AD to 

impose life limits on these HPT rotating 

components to prevent low cycle fatigue 

(LCF) cracking and failure of those 

components, which could result in 

uncontained engine failure and damage 

to the airplane. 

DATES: This AD becomes effective 

October 13, 2005. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in Room PL–401 on the 

plaza level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Robert Grant, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803– 

5299; telephone (781) 238–7757; fax 

(781) 238–7199. 

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

a proposed airworthiness directive. The 

proposed AD applies to GE CF34–3A1 

turbofan engines with certain HPT 

rotating components installed. We 

published the proposed AD in the 

Federal Register on August 16, 2004 (69 

FR 50344). That action proposed a 

requirement for removal from service of 

certain HPT components prior to their 

exceeding designated life limits. 

Examining the AD Docket 

You may examine the docket that 

contains the AD, any comments 

received, and any final disposition in 

person at the Docket Management 

Facility Docket Offices between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The Docket 

Office (telephone (800) 647–5227) is 

located on the plaza level of the 

Department of Transportation Nassif 

Building at the street address stated in 

ADDRESSES. Comments will be available 

in the AD docket shortly after the DMS 

receives them. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Identify Affected Engines 

One commenter states that the AD 

should identify the specific engines to 

which it applies or identify the 

applicable engines by the maintenance 

manual used. We agree that 

applicability should be clarified. We 

have reworded the AD to indicate that 

it applies only to CF34–3A1 engines 

installed on Bombardier series Regional 

Jet Model CL–600–2B19 (Regional Jet 

Series 100 and 440) airplanes with one 

or more of certain HPT rotating 

components installed. 

Challenger Aircraft Not Affected 

Another commenter states that a note 

should be added to the AD indicating 

that this AD does not apply to CF34– 

3A1 engines installed on Challenger 

aircraft. We agree. We have clarified this 

AD to indicate that it applies only to 

engines installed on Bombardier series 

Regional Jet Model CL–600–2B19 

(Regional Jet Series 100 and 440) 

airplanes with one or more of certain 

HPT rotating components installed. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

received, and determined that air safety 

and the public interest require adopting 

the AD with the changes described 

previously. We have determined that 

these changes will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

We estimate that this AD would affect 

eight CF34–3A1 turbofan engines 

installed on airplanes of U.S. registry. 

We estimate that no affected engine has 

a listed HPT rotating component near its 

original type design life limit. Therefore, 

we estimate that this AD will not result 

in any additional direct labor or part 

costs. 

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 have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

53296 Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 

1Rule 4.14(c) continues to require, for 

Commission action, ‘‘the affirmative concurrence of 

a majority of the participating Commissioners, 

except where a greater majority is required by 

statute or rule or where the action is taken pursuant 

to a valid delegation of authority.’’

2See Robert’s Rules of Order (10th Ed.) § 3, p. 20 

(2001) (discussing purpose of a quorum rule); 

Assure Competitive Transportation v. United 

States, 629 F.2d 467 (7th Cir. 1980), cert. denied, 

429 U.S. 1124 (1981) (quoting Robert’s Rules). We 

understand this to mean that the rule protects 

against totally unrepresentative actions in the name 

of the Commissioners able to participate in a matter. 

This does not necessarily mean that the 

participating Commissioners would reach the same 

result that the full complement of sitting 

Commissioners would have reached if they were all 

able to participate. But, if that were the test, any 

quorum rule would fail unless it required that every 

member of the body participated in every action 

taken by the body. The FTC’s revised rule, like its 

former rule, also enables Commissioners who 

oppose an agency action to try to change the minds 

of their colleagues who are inclined to support it. 

3The SEC’s rule, while it would not find a 

quorum in every situation where the FTC’s new 

rule would, does provide for quorum size to be 

reduced by recusals. That rule provides, 

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 this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

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 AD and placed it in 

the AD Docket. You may get a copy of 

this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends 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: 

2005–18–16 General Electric Company: 

Amendment 39–14256. Docket No. 

FAA–2004–18869; Directorate Identifier 

2004–NE–23–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 13, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to General Electric 

CF34–3A1 turbofan engines installed on 

Bombardier series Regional Jet Model CL–

600–2B19 (Regional Jet Series 100 and 440) 

airplanes with one or more of the HPT 

rotating components installed, listed in the 

following Table 1: 

TABLE 1.—HPT ROTATING COMPONENTS WITH LIFE LIMITS RESTORED

Part No. Nomenclature 

6078T90P01 .. Seal, Balance Piston Air. 

6017T00P05 .. Shaft, HPT Rotor. 

TABLE 1.—HPT ROTATING COMPONENTS WITH LIFE LIMITS RESTORED—Continued 

Part No. Nomenclature 

4027T15P03 .. Plate, Stage 1 Front Cooling. 

6078T93P01 .. Disk, Stage 1 Turbine. 

6078T93P02 .. Disk, Stage 1 Turbine. 

5041T70P03 .. Plate, Stage 1 Aft Cooling. 

5023T97P03 .. Plate, Stage 2 Rear Cooling. 

6078T94P01 .. Disk, Stage 2 Turbine. 

6078T94P02 .. Disk, Stage 2 Turbine. 

5042T29P02 .. Plate, Stage 2 Front Cooling. 

5041T67P02 .. Coupling, Outer Torque. 

5079T02P01 .. Coupling, Inner Torque. 

Unsafe Condition 

(d) This AD results from the discovery that 

the manufacturer removed the HPT rotating 

component part numbers, listed in Table 1 of 

this AD, from the HPT Life Limits section of 

the CF34 Engine Manual, SEI–756. We view 

this as a change to the life limit of the part, 

removing the type design life limit and 

imposing an unlimited life on the part. We 

are issuing this AD to re-impose life limits on 

the HPT rotating components with part 

numbers listed in Table 1 of this AD to 

prevent LCF cracking and failure of those 

components, which could result in 

uncontained engine failure and damage to 

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. 

(f) Remove from service the HPT rotating 

components listed in Table 1 of this AD 

before exceeding the life limit of 6,000 

cycles-since-new. 

Alternative Methods of Compliance 

(g) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(h) GE Temporary Revision No. 05–0073, 

and Temporary Revision No. 05–0074, for 

CF34 Engine Manual, SEI–756, also pertain 

to the subject of this AD. 

Issued in Burlington, Massachusetts, on 

August 31, 2005. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–17761 Filed 9–7–05; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 4 

Quorums 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

Commission is amending § 4.14(b) of its 

Rules of Practice to provide that the 

number of Commissioners needed for a 

quorum will be a majority of those 

sitting and not recused in a matter. 

DATES: Effective Date: This amendment 

is effective September 8, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Marc Winerman, Attorney, Office of the 

General Counsel, 202–326–2451. 

SUPPLEMENTARY INFORMATION: The 

Commission is revising Rule 4.14(b) of 

its rules of practice. The former rule 

defined a quorum as ‘‘a majority of the 

members of the Commission.’’ The 

revised rule defines a quorum as ‘‘[a] 

majority of the members of the 

Commission in office and not recused 

from participating in a matter (by virtue 

of 18 U.S.C. 208 or otherwise).’’ 1 The 

amendment will allow the Commission 

to act in more situations than did its 

former rule. 

While the Commission’s former rule 

reflected the ‘‘almost universally 

accepted common-law rule’’ respecting 

quorums, FTC v. Flotill Products, Inc., 

389 U.S. 179, 183–84 (1967), that 

common-law rule (or, more precisely, 

the common-law rule that applies in the 

absence of an express statutory 

provision), does not prevent the 

adoption of a different quorum rule. 

Falcon Trading Group, Ltd. v. SEC, 102 

F.3d 579, 582 (D.C. Cir. 1996). The 

FTC’s new rule, like its predecessor, 

protects against ‘‘totally 

unrepresentative action in the name of 

the body by an unduly small number of 

persons.’’ 2 Further, in reducing quorum 

numbers by virtue of recusals as well as 

vacancies, the FTC is following the 

approach taken by the SEC in 1995.3