56140 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Proposed Rules 

Executive Order 12866 and Effect on 

Small Entities 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866 and, therefore, has not 

been reviewed by the Office of 

Management and Budget (OMB). In 

addition, pursuant to requirements set 

forth in the Regulatory Flexibility Act 

(RFA) (5 U.S.C. 601 et seq.), AMS has 

considered the economic impact of the 

rule on small entities and has 

determined that its provisions would 

not have a significant economic impact 

on a substantial number of small 

entities. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions in 

order that small businesses will not be 

unduly or disproportionately burdened. 

The Small Business Administration 

(SBA) (13 CFR 121.201) defines small 

entities that produce and process 

chicken eggs as those whose annual 

receipts are less than $9,000,000. 

Approximately 625,000 egg laying hens 

are needed to produce enough eggs to 

gross $9,000,000. 

Currently, the AMA authorizes a 

voluntary grading program for shell 

eggs. Shell egg processors that apply for 

service must pay for the services 

rendered. Shell egg processors are 

entitled to pack their eggs in packages 

bearing the USDA grade shield when 

AMS graders are present to certify that 

the eggs meet the grade requirements as 

labeled. Plants in which these grading 

services are performed are called official 

plants. Shell egg processors who do not 

use USDA’s grading service may not use 

the USDA grademark. There are about 

540 shell egg processors registered with 

the Department that have 3,000 or more 

laying hens. Of these, 161 are official 

plants that use USDA’s grading service 

and would be subject to this proposed 

rule. Of these 161 official plants, 38 

meet the small business definition. 

The EPIA authorizes the mandatory 

inspection of egg products operations 

and the mandatory surveillance of the 

disposition of shell eggs that are 

undesirable for human consumption, 

with implementing regulations in 7 CFR 

part 57. All of the approximate 540 shell 

egg processors registered with the 

Department are required to comply with 

the labeling provisions of the EPIA and 

would be subject to this proposed rule. 

Of these 540 shell egg processors, 313 

meet the small business definition. 

This proposal will not have an 

adverse economic impact on processors. 

It would revise the AMA and the EPIA 

regulations by up-dating the definition 

of washed ungraded eggs to reflect 

current egg production and processing 

technology. 

For the above reasons, the Agency has 

certified that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

Executive Orders 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This action is not 

intended to have retroactive effect. This 

rule will not preempt any State or local 

laws, regulations, or policies, unless 

they present an irreconcilable conflict 

with this rule. There are no 

administrative procedures which must 

be exhausted prior to any judicial 

challenge to the provisions of this rule. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) the Office of Management and 

Budget (OMB) has approved the 

information collection and 

recordkeeping requirements included in 

this proposed rule, and there are no new 

requirements. The assigned OMB 

control number is 0581–0128. 

AMS is committed to compliance 

with the Government Paperwork 

Elimination Act, which requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. 

List of Subjects 

7 CFR Part 56 

Eggs and egg products, Food grades 

and standards, Food labeling, Reporting 

and recordkeeping requirements. 

7 CFR Part 57 

Eggs and egg products, Exports, Food 

grades and standards, Food labeling, 

Imports, Reporting and recordkeeping 

requirements. 

For reasons set forth in the preamble, 

it is proposed that 7 CFR parts 56 and 

57 be amended as follows: 

PART 56—VOLUNTARY GRADING OF 

SHELL EGGS 

1. The authority citation for part 56 

continues to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

2. In § 56.1, revise the term Washed 

ungraded eggs to read as follows: 

§ 56.1 Meaning of words and terms 

defined. 

* * * * * 

Washed ungraded eggs means eggs 

which have been washed and that are 

either sized or unsized, but not 

segregated for quality. 

PART 57—INSPECTION OF EGGS 

(EGGS PRODUCTS INSPECTION ACT) 

3. The authority citation for part 57 

continues to read as follows: 

Authority: 21 U.S.C. 1031–1056. 

4. In § 57.1, revise the term Washed 

ungraded eggs to read as follows: 

§ 57.1 Definitions. 

* * * * * 

Washed ungraded eggs means eggs 

which have been washed and that are 

either sized or unsized, but not 

segregated for quality. 

Dated: September 20, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–19087 Filed 9–23–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–SW–10–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Model AS355E, F, F1, F2, and 

N Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes to 

revise an existing airworthiness 

directive (AD) for the specified 

Eurocopter France (ECF) model 

helicopters. That AD currently requires 

certain checks of the magnetic chip 

detector plug (chip detector) and the 

main gearbox (MGB) oil-sight glass, 

certain inspections of the lubrication 

pump (pump), and replacing the MGB 

and the pump with an airworthy MGB 

and pump, if necessary. Also, the AD 

requires that before an MGB or pump 

with any time-in-service (TIS) can be 

installed, it must meet the AD 

requirements. This action would retain 

those requirements but would limit the 

applicability to one part number with 

certain serial-numbered pumps or 

modified after a certain date. This 

proposal was prompted by an 

investigation by the manufacturer that 

revealed a malfunction occurred after 

modifying the pump case on certain 

pumps after major overhaul and repairs. 

Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Proposed Rules 56141 

The actions specified by this AD are 

intended to limit the applicability to 

certain pumps, to detect sludge on the 

chip detector, to prevent failure of the 

MGB pump, seizure of the MGB, loss of 

drive to an engine and main rotor, and 

subsequent loss of control of the 

helicopter. 

DATES: Comments must be received by 

November 25, 2005. 

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Office of the 

Regional Counsel, Southwest Region, 

Attention: Rules Docket No. 2003–SW–

10–AD, 2601 Meacham Blvd., Room 

663, Fort Worth, Texas 76137. You may 

also send comments electronically to 

the Rules Docket at the following 

address: 9-asw-adcomments@faa.gov. 

Comments may be inspected at the 

Office of the Regional Counsel between 

9 a.m. and 3 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Ed 

Cuevas, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Safety 

Management Group, Fort Worth, Texas 

76193–0111, telephone (817) 222–5355, 

fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

participate in the making of the 

proposed rule by submitting such 

written data, views, or arguments as 

they may desire. Communications 

should identify the Rules Docket 

number and be submitted in triplicate to 

the address specified above. All 

communications received on or before 

the closing date for comments, specified 

above, will be considered before taking 

action on the proposed rule. The 

proposals contained in this notice may 

be changed in light of the comments 

received. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the proposed rule. All comments 

submitted will be available, both before 

and after the closing date for comments, 

in the Rules Docket for examination by 

interested persons. A report 

summarizing each FAA-public contact 

concerned with the substance of this 

proposal will be filed in the Rules 

Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their mailed 

comments submitted in response to this 

proposal must submit a self-addressed, 

stamped postcard on which the 

following statement is made: 

‘‘Comments to Docket No. 2003–SW–

10–AD.’’ The postcard will be date 

stamped and returned to the 

commenter. 

Discussion 

The Direction Generale De L’Aviation 

Civile (DGAC), the airworthiness 

authority for France, notified the FAA 

that an unsafe condition may exist on 

the specified ECF model helicopters. 

The DGAC advises that the 

insufficiently lubricated power 

transmission assembly deteriorates until 

it causes the loss of the drive train for 

one or even both engines. 

On October 10, 2003, the FAA issued 

AD 2003–21–09, Docket No. 2003–SW–

10–AD, Amendment 39–13344 (68 FR 

60284, October 22, 2003), which 

superseded AD 2002–21–51, Docket No. 

2002–SW–48–AD, Amendment 39–

12982 (67 FR 77401, December 18, 

2002), to require certain checks of the 

chip detector and the MGB oil-sight 

glass, certain inspections of the pump, 

and replacing the MGB and the pump 

with an airworthy MGB and pump, if 

necessary. Also, the AD requires that 

before a MGB or pump with any TIS can 

be installed, it must meet the AD 

requirements. That AD corrected the 

wording from AD 2002–21–51 to specify 

that a check of the chip detector should 

be for sludge rather than metal particles. 

That condition, if not corrected, could 

result in failure of the MGB pump, 

seizure of the MGB, loss of drive to an 

engine and main rotor, and subsequent 

loss of control of the helicopter. 

Since issuing that AD, ECF has issued 

Alert Service Bulletin No. 05.00.40, 

dated November 16, 2004 (ASB), which 

specifies that the effectivity is limited to 

each pump, part number (P/N) 355A32–

0700–01, with a serial number (S/N) 

equal to or above 5731 and with a S/N 

below 5731, if they have been 

overhauled or repaired after June 1, 

1995. An investigation revealed that the 

malfunction is due to a modification to 

the shape of the pump case. An enlarged 

opening of the chamber after machining 

generates additional loads on the pump. 

The modification was made to the one 

part-numbered pump with the 

previously specified serial numbers; 

therefore, the ASB limits the effectivity 

to those pumps. 

These helicopter models are 

manufactured in France and are type 

certificated for operation in the United 

States under the provisions of 14 CFR 

21.29 and the applicable bilateral 

agreement. Pursuant to the applicable 

bilateral agreement, the DGAC has kept 

the FAA informed of the situation 

described above. The FAA has 

examined the findings of the DGAC, 

reviewed all available information, and 

determined that AD action is necessary 

for products of these type designs that 

are certificated for operation in the 

United States. 

This previously described unsafe 

condition is likely to exist or develop on 

other helicopters of these same type 

designs. Therefore, the proposed AD 

would revise AD 2003–SW–10–AD to 

require the same actions as the existing 

AD but would limit the applicability to 

the specified ECF helicopters with a 

pump, P/N 355A32–0700–01, with a 

S/N 5731 or higher or with a 

S/N below 5731 if the pump has been 

overhauled or repaired after June 1, 

1995. 

The FAA estimates that this proposed 

AD would affect 105 helicopters of U.S. 

registry assuming they all have MGB 

pumps with applicable S/Ns. The 

proposed actions would take about: 

• 10 minutes to check the chip 

detector and the MGB oil sight glass, 

• 4 work hours to remove the MGB 

and pump, 

• 1 work hour to inspect the pump, 

and 

• 4 work hours to install a serviceable 

MGB and pump at an average labor rate 

of $65 per work hour. 

• Required parts would cost about 

$4000 for an overhauled pump and up 

to $60,000 for an overhauled MGB per 

helicopter. 

The manufacturer has represented to the 

FAA that the standard warranty applies 

if failure occurs within the first 2 years 

and operating time is less than 1000 

hours. Based on these figures, we 

estimate the revised total cost impact of 

the proposed AD on U.S. operators to be 

$360,335 per year, assuming 

replacement of one MGB and pump on 

one helicopter per year and a daily 

check on all helicopters for 260 days per 

year. 

Regulatory Findings 

The regulations proposed herein 

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. Therefore, 

it is determined that this proposal 

would not have federalism implications 

under Executive Order 13132. 

For the reasons discussed above, I 

certify that 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) if 

promulgated, will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

56142 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Proposed Rules 

Flexibility Act. A copy of the draft 

regulatory evaluation prepared for this 

action is contained in the Rules Docket. 

A copy of it may be obtained by 

contacting the Rules Docket at the 

location provided under the caption 

ADDRESSES. 

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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration proposes to amend part 

39 of the Federal Aviation Regulations 

(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. Section 39.13 is amended by 

removing Amendment 39–13344 (68 FR 

60284, October 22, 2003), and by adding 

a new airworthiness directive (AD), to 

read as follows: 

Eurocopter France: Docket No. 2003–SW–

10–AD. Revises AD 2003–21–09, 

Amendment 39–13344. 

Applicability: Model AS355E, F, F1, F2, 

and N helicopters, with a main gear box 

(MGB) lubrication pump (pump), part 

number (P/N) 355A32–0700–01, with a serial 

number (S/N) 5731 or higher or with a S/N 

below 5731 if the pump has been overhauled 

or repaired after June 1, 1995, certificated in 

any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent failure of the MGB pump, 

seizure of the MGB, loss of drive to an engine 

and main rotor, and subsequent loss of 

control of the helicopter, accomplish the 

following: 

(a) Before the first flight of each day and 

at intervals not to exceed 10 hours time-inservice (TIS), check the MGB magnetic chip 

detector plug (chip detector) for any sludge. 

Also, check for dark oil in the MGB oil-sight 

glass. An owner/operator (pilot) holding at 

least a private pilot certificate may perform 

this visual check and must enter compliance 

into the aircraft maintenance records in 

accordance with 14 CFR 43.11 and 

91.417(a)(2)(v). ‘‘Sludge’’ is a deposit on the 

chip detector that is typically dark in color 

and in the form of a film or paste, as 

compared to metal chips or particles 

normally found on a chip detector. Sludge 

may have both metallic or nonmetallic 

properties, may consist of copper (pinion 

bearing), magnesium (pump case), and steel 

(pinion) from the oil pump, and a 

nonmetallic substance from the chemical 

breakdown of the oil as it interacts with the 

metal. 

Note 1: Eurocopter France Alert Telex No. 

05.00.40R1, dated November 27, 2002, and 

Alert Service Bulletin No. 05.00.40, dated 

November 16, 2004, pertain to the subject of 

this AD. 

(b) Before further flight, if any sludge is 

found on the chip detector, inspect the 

pump. 

(c) Before further flight, if the oil appears 

dark in color when it is observed through the 

MGB oil-sight glass, take an oil sample. If the 

oil taken in the sample is dark or dark 

purple, before further flight, inspect the 

pump. 

(d) While inspecting the pump, if you find 

any of the following, replace the MGB and 

the pump with an airworthy MGB and pump 

before further flight: 

(1) Crank pin play, 

(2) Out of round bronze bushing (A of 

Figure 1), 

(3) Offset of the driven gear pinion, 

(4) Metal chips, or 

(5) Wear (C of Figure 1). 

See the following Figure 1: 

Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Proposed Rules 56143 

Note 2: If wear is present in the B area only 

as depicted in Figure 1, replacing the MGB 

and the pump is not required. 

(e) Before installing a different MGB or a 

pump with any TIS, accomplish the 

requirements of paragraph (a) of this AD. 

(f) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Safety Management Group, 

Rotorcraft Directorate, FAA, for information 

about previously approved alternative 

methods of compliance. 

Note 3: The subject of this AD is addressed 

in Direction Generale De L’Aviation Civile 

(France) AD 2002–331–071 R2, dated 

November 24, 2004. 

Issued in Fort Worth, Texas, on September 

13, 2005. 

S. Frances Cox, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19148 Filed 9–23–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22511; Directorate 

Identifier 2005–NM–120–AD] 

RIN 2120–AA64 

Airworthiness Directives; Gulfstream 

Aerospace LP Model Gulfstream 100 

Airplanes; and Model Astra SPX, and 

1125 Westwind Astra Airplanes 

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 Gulfstream Aerospace LP Model 

Gulfstream 100 airplanes; and Model 

Astra SPX, and 1125 Westwind Astra 

airplanes. This proposed AD would 

require a one-time inspection for 

discrepancies of the nose wheel steering 

assembly of the landing gear, installing 

a warning placard on each nose landing 

gear door, and corrective action if 

necessary. This proposed AD is 

prompted by reports of failure of the 

steering brackets of the nose wheel 

steering assembly, and in one incident, 

loss of steering control. We are 

proposing this AD to find and fix these 

discrepancies, which could result in 

loss of steering control and consequent 

reduced controllability of the airplane. 

DATES: We must receive comments on 

this proposed AD by October 26, 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. 


EP26SE05.021</GPH>