Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 57217 

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 

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 and placed it in the 

AD docket. 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2005–

22561; Directorate Identifier 2005–NM–

136–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by October 31, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

ERJ 170–100LR, –100 STD, –100SE, and –100 

SU airplanes, certificated in any category; 

having serial numbers 17000007 through 

17000013 inclusive, 17000015, 17000016, 

and 17000018 through 17000043 inclusive. 

Unsafe Condition 

(d) This AD results from the finding of 

missing rods, which attach the passenger seat 

tracks to the airplane structure to absorb 

loads. We are issuing this AD to detect and 

correct missing attachment rods, which could 

result in reducing the ability of the seat to 

withstand a hard landing or rejected takeoff 

and possible injury to passengers. 

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. 

Inspection and Modification if Necessary 

(f) Within 700 flight hours after the 

effective date of this AD, do a general visual 

inspection of the passenger seat track 

attachments to determine if the attachment 

rod is installed and to check the torque value 

of the attachment bolts, and do any 

applicable corrective actions, by 

accomplishing all of the applicable actions 

specified in the Accomplishment 

Instructions of EMBRAER Service Bulletin 

170–53–0010, dated January 12, 2005. Do any 

applicable corrective actions before further 

flight. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) 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. 

(2) Before using any AMOC approved in 

accordance with 14 CFR 39.19 on any 

airplane to which the AMOC applies, notify 

the appropriate principal inspector in the 

FAA Flight Standards Certificate Holding 

District Office. 

Related Information 

(h) Brazilian airworthiness directive 2005–

04–05, dated April 30, 2005, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on 

September 20, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19567 Filed 9–29–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22560; Directorate 

Identifier 2005–NM–061–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Model Falcon 2000 Airplanes Equipped 

With CFE Company CFE738–1–1B 

Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Dassault Model Falcon 2000 

airplanes equipped with CFE Company 

CFE738–1–1B turbofan engines. This 

proposed AD would require 

determining the serial number of the 

engines installed on the airplane, 

inspecting any affected engine to verify 

that a spherical bearing is installed on 

the attachment fitting of the engine 

mount, and corrective action if 

necessary. This proposed AD results 

from a report of a missing spherical 

bearing on the attachment fitting of the 

front engine mount on an in-service 

airplane, and subsequent damage and 

abnormal fatigue of the attachment 

fitting. We are proposing this AD to 

prevent reduced structural integrity of 

the engine mount, which could result in 

possible separation of an engine from 

the airplane. 

DATES: We must receive comments on 

this proposed AD by October 31, 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 

57218 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 

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. 

• 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 FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1137; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

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 in the 

ADDRESSES section. Include the docket 

number ‘‘FAA–2005–22560; Directorate 

Identifier 2005–NM–061–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 received 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 that 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 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. 

Examining the Docket 

You may examine the AD docket on 

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

person at the Docket Management 

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 Docket 

Management System receives them. 

Discussion 

The Direction Ge ́ne ́rale de l’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, 

notified us that an unsafe condition may 

exist on certain Dassault Model Falcon 

2000 airplanes equipped with CFE 

Company CFE738–1–1B turbofan 

engines. The DGAC advises that there 

has been a report of a missing spherical 

bearing found on the attachment fitting 

of the front engine mount on an inservice airplane. The absence of the 

spherical bearing resulted in damage 

and abnormal fatigue of the attachment 

fitting. Investigation revealed that the 

missing spherical bearing was one 

intended for pickup of loads 

perpendicular to the engine thrust. After 

the engine was moved from the righthand to the left-hand side of the 

airplane, the spherical bearing was 

found in the outer ring of the opposite 

side. Airplanes affected by this defect 

would be those on which one or both 

engines were moved from one side of 

the airplane to the other during 

production. This condition, if not 

corrected, could cause reduced 

structural integrity of the engine mount, 

which could result in possible 

separation of an engine from the 

airplane. 

Relevant Service Information 

Dassault has issued Service Bulletin 

F2000–299, dated July 23, 2004. The 

service bulletin describes procedures for 

determining the serial number of the 

engines installed on the airplane, 

performing a borescope inspection of 

any affected engine to verify a spherical 

bearing is installed on the attachment 

fitting of the front engine mount, and 

corrective action if necessary. If a 

spherical bearing is missing, the 

corrective action involves removing the 

engine and sending it to a CFE service 

center for repair. The DGAC mandated 

the service information and issued 

French airworthiness directive F–2004–

128, dated August 4, 2004, to ensure the 

continued airworthiness of these 

airplanes in France. 

FAA’s Determination and Requirements 

of the Proposed AD 

This airplane model is manufactured 

in France 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 DGAC has kept the FAA informed 

of the situation described above. We 

have examined the DGAC’s findings, 

evaluated all pertinent information, and 

determined that we need to issue an AD 

for airplanes 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 Proposed AD, French 

Airworthiness Directive, and Service 

Bulletin.’’

Differences Among Proposed AD, 

French Airworthiness Directive, and 

Service Bulletin 

The French airworthiness directive 

and the service bulletin specify that if 

a spherical bearing is missing, operators 

should return the engine to a CFE 

service center for repair. This proposed 

AD would require you to repair those 

conditions using a method that we or 

the DGAC (or its delegated agent) 

approve. In light of the type of repair 

that would be required to address the 

unsafe condition, and consistent with 

existing bilateral airworthiness 

agreements, we have determined that, 

for this proposed AD, a repair we or the 

DGAC approve would be acceptable for 

compliance with this proposed AD. 

Although the French airworthiness 

directive referenced in this AD specifies 

to submit certain information to the 

manufacturer, this proposed AD does 

not include that requirement. 

Costs of Compliance 

This proposed inspection would 

affect about 7 airplanes of U.S. registry. 

The proposed inspection would take 

about 2 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Based on these figures, the estimated 

cost of the proposed AD for U.S. 

operators is $910, or $130 per airplane. 

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 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 57219 

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 

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 and placed it in the 

AD docket. 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Dassault Aviation: Docket No. FAA–2005–

22560; Directorate Identifier 2005–NM–

061–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by October 31, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Dassault Model 

Falcon 2000 airplanes, certificated in any 

category; equipped with CFE Company 

CFE738–1–1B turbofan engines. 

Unsafe Condition 

(d) This AD results from a report of a 

missing spherical bearing on the attachment 

fitting of the front engine mount on an inservice airplane, and subsequent damage and 

abnormal fatigue of the attachment fitting. 

We are issuing this AD to prevent reduced 

structural integrity of the engine mount, 

which could result in possible separation of 

an engine from 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. 

Determine Serial Number (S/N) and Inspect 

If Necessary 

(f) Within the applicable compliance time 

specified in paragraph (f)(1), (f)(2), or (f)(3) of 

this AD: Determine the serial number of the 

engines installed on the airplane, as 

identified in the table in paragraph 1.A., 

‘‘Effectivity,’’ of Dassault Service Bulletin 

F2000–299, dated July 23, 2004; if any 

affected serial number is found on any 

engine, perform a borescope inspection to 

verify that a spherical bearing is installed on 

the attachment fitting of the front engine 

mount by doing all the applicable actions 

specified in the Accomplishment 

Instructions of the service bulletin. 

(1) For airplanes with any engine having 

850 total landings or less as of the effective 

date of this AD: Before the accumulation of 

880 total landings on the engine. 

(2) For airplanes with any engine having 

more than 850 total landings, but 1,000 total 

landings or less as of the effective date of this 

AD: Within 1 month after the effective date 

of this AD. 

(3) For airplanes with any engine having 

more than 1,000 total landings as of the 

effective date of this AD: Within 10 landings 

after the effective date of this AD. 

Corrective Action 

(g) If any spherical bearing is found 

missing during the inspection required by 

paragraph (f) of this AD: Before further flight, 

repair according to a method approved by 

either the Manager, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate; or the Direction Ge ́ne ́rale de 

l’Aviation Civile (or its delegated agent). 

No Reporting Requirement 

(h) This AD does not require submitting 

reporting information to the manufacturer. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, International Branch, 

ANM–116, 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) French airworthiness directive F–2004–

128, issued August 4, 2004, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on 

September 20, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19566 Filed 9–29–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22557; Directorate 

Identifier 2005–NM–147–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model MD–11 and MD–11F 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to certain 

McDonnell Douglas Model MD–11 and 

MD–11F airplanes. The existing AD 

currently requires replacement of the 

upper and lower reading lights in the 

forward crew rest area with a redesigned 

light fixture. This proposed AD would 

add airplanes to the applicability of the 

existing AD. This proposed AD results 

from a report of the old reading lights 

being inadvertently sent to an additional 

ten airplanes. We are proposing this AD 

to prevent a possible flammable 

condition, which could result in smoke 

and fire in the forward crew rest area. 

DATES: We must receive comments on 

this proposed AD by November 14, 

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