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

65864 

Vol. 70, No. 210 

Tuesday, November 1, 2005 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22813; Directorate 

Identifier 2002–NM–117–AD] 

RIN 2120–AA64 

Airworthiness Directives; AvCraft 

Dornier Model 328–100 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to revise 

an existing airworthiness directive (AD) 

that applies to all AvCraft Dornier 

Model 328–100 airplanes. The existing 

AD currently requires revising the 

Airplane Flight Manual (AFM) to 

provide the flightcrew with additional 

information regarding procedures to 

ensure complete pressurization of the 

hydraulic lines for the flaps. The 

existing AD also requires, for certain 

airplanes, modification of the flap 

actuators of the flight controls. This 

proposed AD would allow the removal 

of the AFM revisions after modifying 

the flap actuators of the flight controls. 

This proposed AD results from the 

determination that the AFM revisions 

are not necessary after modifying the 

flap actuators of the flight controls. We 

are proposing this AD to prevent an 

uncommanded retraction of the flaps 

during takeoff, which could result in an 

aborted takeoff and consequent 

potential for runway overrun. 

DATES: We must receive comments on 

this proposed AD by December 1, 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. 

• 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. 

Contact AvCraft Aerospace GmbH, 

P.O. Box 1103, D–82230 Wessling, 

Germany, for service information 

identified in this proposed AD. 

FOR FURTHER INFORMATION CONTACT: 

Rosanne Ryburn, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2139; 

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 ‘‘Docket No. FAA–2005–22813; 

Directorate Identifier 2002–NM–117– 

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 a docket, 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 

On November 20, 2000, we issued AD 

2000–24–03, amendment 39–12010 (65 

FR 75601, December 4, 2000), for all 

Dornier Model 328–100 series airplanes. 

That AD requires revising the Airplane 

Flight Manual (AFM) to provide the 

flightcrew with additional information 

regarding procedures to ensure 

complete pressurization of the hydraulic 

lines for the flaps. That AD also 

requires, for certain airplanes, 

modification of the flap actuators of the 

flight controls. That AD resulted from 

the development of a hardware 

modification to install a locking collar 

and locking sleeve at the actuator 

cylinder. We issued that AD to prevent 

an uncommanded retraction of the flaps 

during takeoff, which could result in an 

aborted takeoff and consequent 

potential for runway overrun. 

Actions Since Existing AD Was Issued 

Since we issued AD 2000–24–03, we 

determined that the AFM revisions are 

not necessary after modifying the flap 

actuators of the flight controls. The 

modification specified in paragraph (c) 

of that AD is currently written as an 

additional requirement for certain 

airplanes to the revisions specified in 

paragraphs (a) and (b) of the AD. The 

modification specified in paragraph (c) 

of that AD is intended to be a 

terminating action for the revisions 

specified in paragraphs (a) and (b) of the 

AD. 

FAA’s Determination and Requirements 

of the Proposed AD 

This airplane model is manufactured 

in Germany 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. We have 

determined that AD action is necessary 

for airplanes of this type design that are 

Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Proposed Rules 65865 

certificated for operation in the United 

States. 

This proposed AD would revise AD 

2000–24–03 and would retain the 

requirements of the existing AD. This 

proposed AD would also allow 

operators to remove the AFM revisions 

inserted according to paragraphs (a) and 

(b) of that AD after operators modified 

the flap actuators of the flight controls 

according to paragraph (c) of that AD. 

Change to Existing AD 

This proposed AD would retain all 

requirements of AD 2000–24–03. Since 

AD 2000–24–03 was issued, the AD 

format has been revised, and certain 

paragraphs have been rearranged. As a 

result, the corresponding paragraph 

identifiers have changed in this 

proposed AD, as listed in the following 

table: 

REVISED PARAGRAPH IDENTIFIERS

Requirement in 

AD 2000–24–03 

Corresponding 

requirement in 

this proposed 

AD 

Paragraph (a) ...................... Paragraph (f). 

Paragraph (b) ...................... Paragraph (g). 

Paragraph (c) ...................... Paragraph (h). 

Explanation of Change to Applicability 

We have revised the applicability of 

the existing AD to identify model 

designations as published in the most 

recent type certificate data sheet for the 

affected models. 

Clarification of Alternative Method of 

Compliance (AMOC) Paragraph 

We have revised this action to clarify 

the appropriate procedure for notifying 

the principal inspector before using any 

approved AMOC on any airplane to 

which the AMOC applies. 

Costs of Compliance 

We estimate that 52 airplanes of U.S. 

registry would be affected by this AD. 

The AFM revision that is currently 

required by AD 2000–24–03, and 

retained in this proposed AD, takes 

approximately 1 work hour per airplane 

to accomplish, at an average labor rate 

of $65 per work hour. Based on these 

figures, the cost impact of the currently 

required AFM revision on U.S. 

operators is approximately $3,380, or 

$65 per airplane. 

The modification that is currently 

required by AD 2000–24–03 and 

retained in this proposed AD, takes 

approximately 4 work hours per 

airplane to accomplish, at an average 

labor rate of $65 per work hour. 

Required parts will be provided by the 

manufacturer at no cost to the operators. 

Based on these figures, the cost impact 

of the currently required modification 

on U.S. operators is estimated to be 

$260 per airplane. 

The removal of the AFM revisions 

that is specified in this proposed AD, if 

done, takes approximately 1 work hour 

per airplane to accomplish, at an 

average labor rate of $65 per work hour. 

Based on these figures, the cost impact 

of the proposed removal of AFM 

revisions on U.S. operators is 

approximately $65 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 

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 removing amendment 39–12010 (65 

FR 75601, December 4, 2000) and 

adding the following new airworthiness 

directive (AD): 

AvCraft Aerospace GmbH (Formerly 

Fairchild Dornier GmbH): Docket No. 

FAA–2005–22813; Directorate Identifier 

2002–NM–117–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by December 1, 2005. 

Affected ADs 

(b) This AD revises AD 2000–24–03. 

Applicability 

(c) This AD applies to all AvCraft Dornier 

Model 328–100 airplanes, certificated in any 

category. 

Unsafe Condition 

(d) This AD results from the determination 

that certain Airplane Flight Manual (AFM) 

revisions are not necessary after modifying 

the flap actuators of the flight controls. We 

are issuing this AD to prevent an 

uncommanded retraction of the flaps during 

takeoff, which could result in an aborted 

takeoff and consequent potential for runway 

overrun. 

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. 

Airplane Flight Manual (AFM) Revision 

(f) Within 14 days after November 12, 1998 

(the effective date of AD 98–22–07, 

amendment 39–10854), accomplish the 

requirements of paragraphs (f)(1) and (f)(2) of 

this AD. 

(1) Revise the Normal Procedures Section 

of the Dornier 328 FAA-approved AFM to 

include the information specified in pages 6 

and 7 of Dornier 328 All Operators Telefax 

(AOT) AOT–328–27–016, dated July 31, 

1998. This may be accomplished by inserting 

a copy of pages 6 and 7 of the AOT into the 

AFM. 

(2) Revise the Abnormal Procedures 

Section of the Dornier 328 FAA-approved 

65866 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Proposed Rules 

AFM to include the information specified in 

page 4 of Dornier 328 AOT–328–27–016, 

dated July 31, 1998. This may be 

accomplished by inserting a copy of page 4 

of the AOT into the AFM. 

New AFM Revision 

(g) For all airplanes: Within 3 days after 

January 8, 2001 (the effective date of AD 

2000–24–03), revise the Dornier 328 FAAapproved AFM as specified in paragraphs 

(g)(1) and (g)(2) of this AD. Concurrently with 

this AFM revision, remove the AFM 

revisions required by paragraph (f) of this AD 

from the AFM. 

(1) Revise the Normal Procedures Section 

to include the information specified in pages 

4, 5, and 6 of Dornier 328 AOT–328–27–016, 

Revision 1, dated October 28, 1998. This may 

be accomplished by inserting a copy of pages 

4, 5, and 6 of the AOT into the AFM. 

(2) Revise the Abnormal Procedures 

Section to include the information specified 

in page 3 of Dornier 328 AOT–328–27–016, 

Revision 1, dated October 28, 1998. This may 

be accomplished by inserting a copy of page 

3 of the AOT into the AFM. 

Modification 

(h) For airplanes with serial numbers 3005 

through 3099 inclusive, 3101 through 3108 

inclusive, and 3110 through 3119 inclusive: 

Within 5 months after January 8, 2001, 

modify the flap actuators of the flight 

controls, in accordance with Dornier 328 

Service Bulletin SB–328–27–293, dated 

November 10, 1999. After accomplishing the 

modification, operators may remove the AFM 

revisions required by paragraphs (f) and (g) 

of this AD from the AFM. 

Note 1: The Dornier service bulletin 

references Liebherr Aerospace Service 

Bulletin 1048A–27–02, dated November 9, 

1999, as an additional source of service 

information for accomplishing the 

modification of the flap actuators of the flight 

controls. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate, 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. 

(3) AMOCs approved previously in 

accordance with AD 98–22–07, amendment 

39–10854, are approved as AMOCs with 

paragraph (f) of this AD. 

(4) AMOCs approved previously in 

accordance with AD 2000–24–03, 

amendment 39–12010, are approved as 

AMOCs with this AD. 

Related Information 

(j) German airworthiness directive 1998–

359/3, dated April 6, 2000, also addresses the 

subject of this AD. 

Issued in Renton, Washington, on October 

20, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–21697 Filed 10–31–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No. FAA–2005–22449] 

RIN 2120–AI16 

Flightdeck Door Monitoring and Crew 

Discreet Alerting Systems 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking; 

correction. 

SUMMARY: This document corrects the 

preamble to a proposed rule published 

in the Federal Register on September 

21, 2005, regarding flightdeck door 

monitoring and crew discreet alerting 

systems. This correction adds two 

vendors that sell video camera systems 

to the ones cited in the preamble. 

FOR FURTHER INFORMATION CONTACT: 

Allen A. Mattes, Office of Aviation 

Policy and Plans, telephone; (202) 267–

3412. 

Correction 

In the proposed rule FR Doc. 05–

18806 published on September 21, 

2005, (70 FR 55492) make the following 

correction: 

1. On page 55495 for the proposed 

rule, in the second column, fourth 

paragraph, replace the contents of the 

paragraph with the following: 

‘‘Certificate holders that choose to 

install a video camera system to comply 

with this rule, would incur the 

following costs. Some turbojets would 

need a two- or three-camera system 

while regional jets, including turbojets 

and turboprops, would need a onecamera system. AirWorks, AEI/AD 

Aerospace, Bournemouth Aviation Ltd., 

Goodrich, and Hollingsead International 

are the only vendors currently 

supplying these systems for airplanes. 

Many of their systems have 

Supplemental Type Certificates (STCs) 

issued by the FAA. These vendors are 

selling their systems to several 

European and Asian airlines as a result 

of United Kingdom (UK) Department for 

Transport Directive 21(a), issued on 

January 27, 2003, which strictly follows 

the ICAO requirements including the 

November 1, 2003 deadline. Thus, the 

FAA bases its estimated average costs 

on the vendors’ reported costs.’’

Issued in Washington, DC on October 25, 

2005. 

Anthony F. Fazio, 

Director, Office of Rulemaking. 

[FR Doc. 05–21747 Filed 10–31–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 41, 158, 286 and 349 

[Docket No. RM06–2–000] 

Procedures for Disposition of 

Contested Audit Matters 

October 20, 2005. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: Pursuant to section 309 of the 

Federal Power Act, 16 U.S.C. 825h 

(2000); section 16 of the Natural Gas 

Act, 15 U.S.C. 717o (2000); sections 20 

and 204(a)(6) of the Interstate Commerce 

Act, 49 App. U.S.C. 20 and 

204(a)(6)(2000); and section 501 of the 

Natural Gas Policy Act of 1978, 15 

U.S.C. 3411 (2000), the Federal Energy 

Regulatory Commission proposes to 

issue Rules permitting audited persons 

to challenge audit findings before the 

issuance of a Commission order on the 

merits of those findings. The 

Commission seeks public comment on 

the Rules proposed herein. 

DATES: Comments are due November 22, 

2005. Reply comments are due 

November 29, 2005. 

ADDRESSES: Comments may be filed 

electronically via the eFiling link on the 

Commission’s Web site at http:// 

www.ferc.gov. Commenters unable to 

file comments electronically must send 

an original and 14 copies of their 

comments to: Federal Energy Regulatory 

Commission, Office of the Secretary, 

888 First Street NE., Washington, DC 

20426. Refer to the Comment 

Procedures section of the preamble for 

additional information on how to file 

comments. 

FOR FURTHER INFORMATION CONTACT: John 

R. Kroeger, Office of Market Oversight 

and Investigations, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. 

(202) 502–8177. 

SUPPLEMENTARY INFORMATION: