69472 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 

(b) The lead agency must limit special 

job coverage for industries in NAICS 

codes 2211, 2212, 32732, 484, 4862, 

5621, 492, 5171, 5172, and 5173 to 

automotive mechanic, diesel engine 

mechanic, and heavy mobile equipment 

mechanic. 

(c) For nonappropriated fund wage 

surveys, the lead agency must use 

NAICS codes 71111, 7221, 7222, 72231, 

72232, and 7224 (eating and drinking 

places) when it determines a wage 

schedule for a specialized industry. 

[FR Doc. 05–22742 Filed 11–15–05; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22898; Directorate 

Identifier 2005–NE–10–AD] 

RIN 2120–AA64 

Airworthiness Directives; McCauley 

Propeller Systems Models 3A32C406/ 

82NDB–X and D3A32C409/82NDB–X 

Propellers 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

McCauley Propeller Systems models 

3A32C406/82NDB–X and D3A32C409/ 

82NDB–X propellers, installed on 

Teledyne Continental Motors (TCM) IO–

520, TSIO–520, or IO–550 reciprocating 

engines. These propellers are herein 

referred to as C406 and C409 propellers, 

respectively. This proposed AD would 

require adding an operational 

revolutions per minute (rpm) restriction 

on the C406 and C409 propellers, and 

installing an rpm restriction placard in 

the cockpit. This proposed AD would 

also add a 10,000-hour total time-inservice (TIS) life limit for these 

propellers. This proposed AD would 

also remove from service any propeller 

that has 10,000 hours or more total TIS, 

or that has an unknown total TIS. Also, 

this proposed AD would require initial 

and repetitive propeller blade 

inspections for damage, and repair if 

necessary. This proposed AD results 

from testing by the manufacturer that 

identified stress conditions that affect 

the fatigue life and damage tolerance of 

C406 and C409 propellers, when 

installed on TCM IO–520, TSIO–520, or 

IO–550 reciprocating engines. We are 

proposing this AD to prevent blade or 

hub failure that could result in 

separation of a propeller blade and loss 

of control of the airplane. 

DATES: We must receive any comments 

on this proposed AD by January 17, 

2006. 

ADDRESSES: Use one of the following 

addresses to comment 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–

0001. 

• 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 McCauley Propeller Systems, 

P.O. Box 7704, Wichita, KS 67277–7704; 

telephone (800) 621–7767, for the 

service information identified in this 

AD. 

You may examine the comments on 

this proposed AD in the AD docket on 

the Internet at http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Smyth, Aerospace Engineer, 

Chicago Aircraft Certification Office, 

FAA, Small Airplane Directorate, 2300 

East Devon Avenue, Des Plaines, IL 

60018; telephone: (847) 294–7132; fax: 

(847) 294–7834. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send us any written 

relevant data, views, or arguments 

regarding this proposal. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2005–22898; Directorate Identifier 

2005–NE–10–AD’’ in the subject line 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 the DMS 

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 AD Docket 

You may examine the docket that 

contains the proposal, any comments 

received and, any final disposition in 

person at the DMS 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. 

Discussion 

McCauley Propeller Systems recently 

conducted tests to measure vibratory 

stress on C406 and C409 propellers. The 

tests identified a high stress condition 

that reduces the fatigue life and damage 

tolerance of C406 and C409 propellers 

when installed on TCM IO–520, TSIO–

520, or IO–550 reciprocating engines. 

This condition, if not corrected, could 

result in blade or hub failure that could 

result in separation of a propeller blade 

and loss of control of the airplane. 

Relevant Service Information 

We reviewed and approved the 

technical contents of McCauley 

Propeller Systems Alert Service Bulletin 

(ASB) No. ASB248, dated January 17, 

2005, that does the following: 

• Adds an rpm restriction that states 

continuous propeller operation between 

2,350 rpm and 2,450 rpm at 24 inches 

Hg and higher manifold pressure is 

prohibited. 

• Installs an rpm restriction placard 

in the cockpit. 

• Adds a 10,000-hour total TIS life 

limit for C406 and C409 propellers. 

• Removes from service any propeller 

that has 10,000 hours or more total TIS, 

or that has an unknown total TIS. 

• Requires initial and repetitive 

propeller blade inspections for damage, 

and repair if necessary. 

FAA’s Determination and Requirements 

of the Proposed AD 

We evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 69473 

develop on other C406 and C409 

propellers of this same type design. We 

are proposing this AD, which would 

require: 

• Within 10 hours TIS after the 

effective date of the proposed AD, 

installing an rpm restriction placard on 

the pilot’s console in front of the pilot, 

that states that continuous propeller 

operation between 2,350 and 2,450 rpm 

at 24 inches Hg and higher manifold 

pressure is prohibited. 

• Adding a 10,000-hour total TIS 

propeller life limit. 

• Within 50 hours TIS after the 

effective date of the proposed AD, 

removing from service any propeller 

that has 10,000 hours or more total TIS, 

or that has an unknown total TIS. 

• Initially inspecting propeller blades 

for damage within 100 hours TIS after 

the effective date of the proposed AD, 

and repairing if necessary. 

• Thereafter, repetitively inspecting 

propeller blades for damage every 100 

hours TIS or next annual inspection, 

whichever occurs first. 

The proposed AD would require you 

to use the service information described 

previously to perform these actions. 

Costs of Compliance 

About 2,350 C406 and C409 

propellers installed on airplanes of U.S. 

registry would be affected by this 

proposed AD. We also estimate it would 

take about 3 work hours per propeller to 

perform the proposed inspections and 

repairs, and each propeller would have 

three inspections per year. We also 

estimate it would take about 0.5 work 

hour to install the proposed cockpit 

placard, and about 950 airplanes would 

require the placard. The average labor 

rate is $65 per work hour. A 

replacement propeller blade would cost 

about $10,500. We estimate 500 

propellers in the fleet (or about 21%) 

would require parts replacement. Based 

on these figures, we estimate the total 

cost of the proposed AD to U.S. 

operators to be $2,585,500. 

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 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. Would 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 proposal 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. 

The Proposed Amendment 

Under the authority delegated to me 

by the Administrator, the Federal 

Aviation Administration 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 airworthiness 

directive: 

McCauley Propeller Systems: Docket No. 

FAA–2005–22898; Directorate Identifier 

2005–NE–10–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this 

airworthiness directive (AD) action by 

January 17, 2006. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to McCauley Propeller 

Systems models 3A32C406/82NDB–X and 

D3A32C409/82NDB–X propellers, herein 

referred to as C406 and C409 propellers, 

respectively. These propellers are installed 

on, but not limited to, the airplanes in the 

following Table 1: 

TABLE 1.—AIRPLANES THAT PROPELLERS ARE INSTALLED ON, BUT NOT LIMITED TO: 

Airplane models: With engine model: 

Beech: 

A35, B35, C35, D35, E35, F35, G35, H35, J35, K35, M35, N35, 

P35, S35, V35, V35A, V35B, 35–33, 35–33A, 35–C33, 35-C33A, 

E33, E33A, E33C, F33, F33A, F33C, 36, A36, A45, and D45.

Teledyne Continental Motors (TCM) IO–520 series and IO–550 series 

reciprocating engines. 

Beech: 

A36TC, B36TC, S35, V35A, V35B. .................................................. TCM TSIO–520 series reciprocating engines. 

Navion: 

A (L–17B, C), B, D, E, F, G, and H. ................................................. TCM IO–550 and TSIO–520 series reciprocating engines. 

Unsafe Condition 

(d) This AD results from testing by the 

manufacturer, that identified stress 

conditions that affect the fatigue life and 

damage tolerance of C406 and C409 

propellers when installed on TCM IO–520, 

TSIO–520, or IO–550 reciprocating engines. 

We are issuing this AD to prevent blade or 

hub failure that could result in separation of 

a propeller blade and loss of control of 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. 

69474 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 

Installation of Cockpit Placard for RPM 

Restriction 

(f) Within 10 hours time-in-service (TIS) 

after the effective date of this AD, install a 

placard on the pilot’s console in front of the 

pilot, that states, in 1⁄4 inch-high or higher 

characters, ‘‘Continuous propeller operation 

between 2,350 rpm and 2,450 rpm at 24 

inches Hg and higher manifold pressure is 

prohibited’’. 

Propellers With Unknown Total Hours TIS, 

or 10,000 or More Hours Total TIS on the 

Effective Date of This AD 

(g) For propellers that the total TIS is 

unknown, or that have 10,000 or more hours 

total TIS on the effective date of this AD, 

remove the propeller from service within 50 

hours TIS after the effective date of this AD. 

Propellers With Fewer Than 10,000 Hours 

Total TIS on the Effective Date of This AD 

(h) For propellers with fewer than 10,000 

total hours TIS on the effective date of this 

AD, do the following: 

(1) Perform an inspection of the propeller 

blades and repair if necessary, within 100 

hours after the effective date of this AD, 

using paragraphs 2.B. through 2.F. of 

Accomplishment Instructions of McCauley 

ASB No. ASB248, dated January 17, 2005. 

(2) At the next propeller overhaul or next 

major propeller disassembly, life-limit-stamp 

the letter ‘‘L’’ on the propeller hub and 

blades, using paragraph 3 of 

Accomplishment Instructions of McCauley 

Propeller Systems Alert Service Bulletin 

(ASB) No. ASB248, dated January 17, 2005. 

(3) Thereafter, within every 100 hours TIS 

or at next annual inspection, whichever 

occurs first, inspect, and repair if necessary, 

the propeller blades using paragraphs 2.B. 

through 2.F. of Accomplishment Instructions 

of McCauley ASB No. ASB248, dated January 

17, 2005. 

(4) Remove the propeller from service at or 

before reaching the life limit of 10,000 hours 

total TIS. 

Alternative Methods of Compliance 

(i) The Manager, Chicago Aircraft 

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 

(j) None. 

Issued in Burlington, Massachusetts, on 

November 7, 2005. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–22712 Filed 11–15–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 47 and 159 

[Docket No. RM06–3–000] 

Prohibition of Energy Market 

Manipulation 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice of proposed rulemaking; 

correction. 

SUMMARY: The Federal Energy 

Regulatory Commission published in 

the Federal Register of October 27, 

2005, a document proposing to add a 

part 47 and part 159 to Title 18 of the 

CFR. Two clauses in the proposed 

regulatory language for parts 47 and 159 

were inadvertently incorporated into 

subparagraph text, but were intended to 

start a new line in the text since they are 

to modify all three subparagraphs. As 

such formatting is inconsistent with 

Federal Register requirements, these 

modifying clauses will be moved to the 

beginning of the paragraph. 

FOR FURTHER INFORMATION CONTACT: 

Frank Karabetsos, Office of the General 

Counsel, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. (202) 502– 

88133. 

SUPPLEMENTARY INFORMATION: The 

Federal Energy Regulatory Commission 

published in the Federal Register of 

October 27, 2005 (70 FR 61930), a 

document adding a part 47 under 

subchapter B (Regulations under the 

Federal Power Act) and a part 159 

(Regulations under the Natural Gas Act) 

to Title 18 of the CFR. The proposed 

regulatory text for the two parts failed 

to set out certain sentences as modifying 

clauses. This document corrects that 

error. 

Correction 

In proposed rule FR Doc. 05–21423, 

beginning on page 61930 in the issue of 

October 27, 2005, make the following 

corrections: 

§ 47.1 [Corrected] 

1. On page 61933, in column 2, 

correct § 47.1(a) to read as follows: 

§ 47.1 Prohibition of energy market 

manipulation. 

(a) It shall be unlawful for any entity, 

directly or indirectly, in connection 

with the purchase or sale of electric 

energy or the purchase or sale of 

transmission services subject to the 

jurisdiction of the Commission, 

(1) To use or employ any device, 

scheme, or artifice to defraud, 

(2) To make any untrue statement of 

a material fact or to omit to state a 

material fact necessary in order to make 

the statements made, in the light of the 

circumstances under which they were 

made, not misleading, or 

(3) To engage in any act, practice, or 

course of business that operates or 

would operate as a fraud or deceit upon 

any person. 

* * * * * 

§ 159.1 [Corrected] 

2. On page 61933, in column 3, 

correct § 159.1(a) to read as follows: 

§ 159.1 Prohibition of energy market 

manipulation. 

(a) It shall be unlawful for any entity, 

directly or indirectly, in connection 

with the purchase or sale of natural gas 

or the purchase or sale of transportation 

services subject to the jurisdiction of the 

Commission, 

(1) To use or employ any device, 

scheme, or artifice to defraud, 

(2) To make any untrue statement of 

a material fact or to omit to state a 

material fact necessary in order to make 

the statements made, in the light of the 

circumstances under which they were 

made, not misleading, or 

(3) To engage in any act, practice, or 

course of business that operates or 

would operate as a fraud or deceit upon 

any person. 

* * * * * 

Dated: November 10, 2005. 

Magalie R. Salas, 

Secretary. 

[FR Doc. 05–22755 Filed 11–15–05; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Parts 1301 and 1309 

[Docket No. DEA–266P] 

RIN 1117–AA96 

Controlled Substances and List I 

Chemical Registration and 

Reregistration Application Fees 

AGENCY: Drug Enforcement 

Administration (DEA), Department of 

Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: DEA is proposing to adjust 

the fee schedule for DEA registration 

and reregistration application fees 

relating to the registration and control of 

the manufacture, distribution and