7014 Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations 

conducted by the hearing officer will be 

an informal hearing at which the 

appellant may present oral and written 

evidence in support of the appellant’s 

position. A copy of the rules of conduct 

that will be applicable to the proceeding 

will be provided to the appellant upon 

receipt of the appeal by CCC. 

(c) With respect to any appeal filed 

under this section regarding an 

assessment imposed on a domestic 

manufacturer or importer of tobacco 

products, the rules of conduct will 

provide that within 30 calendar days of 

receiving the final submission of 

material by the appellant, CCC will 

render a final administrative decision. 

In the event CCC has not rendered a 

decision by such date, all administrative 

remedies available to the appellant shall 

be deemed to be exhausted. 

(d) Any domestic manufacturer or 

importer of tobacco products aggrieved 

by a determination made by CCC under 

this subpart may seek review of the 

determination upon the exhaustion of 

the administrative remedies provided by 

this part in the United States District 

Court for the District of Columbia, or for 

the district in which such importer or 

manufacturer has its principal place of 

business.

Subpart B—[Reserved]

Signed in Washington, DC on February 3, 

2005. 

James R. Little, 

Executive Vice President, Commodity Credit 

Corporation.

[FR Doc. 05–2552 Filed 2–9–05; 8:45 am] 

BILLING CODE 3410–05–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2002–NE–37–AD; Amendment 

39–13962; AD 2005–03–06] 

RIN 2120–AA64

Airworthiness Directives; Rolls-Royce 

Deutschland Ltd. & Co KG (formerly 

Rolls-Royce plc), Model Tay 611–8, 

620–15, 650–15, and 651–54 Turbofan 

Engines

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD) for 

Rolls-Royce Deutschland Ltd. & Co KG 

(RRD) (formerly Rolls-Royce plc) Model 

Tay 611–8, 620–15, 650–15, and 651–54 

turbofan engines, with low pressure (LP) 

fuel tube, part number (P/N) JR33021A, 

installed. That AD currently requires 

initial and repetitive inspections of the 

LP fuel tubes. This AD requires the 

same inspections and adds a 

requirement to replace the fuel tube 

with a new design tube, as mandatory 

terminating action to the repetitive 

inspections. This AD results from the 

manufacturer introducing a new design 

fuel tube, which eliminates the unsafe 

condition. We are issuing this AD to 

prevent a dual-engine flameout due to 

fuel exhaustion, which could lead to 

forced landing and possible damage to 

the airplane.

DATES: This AD becomes effective 

March 17, 2005. The Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulations as 

of March 17, 2005.

ADDRESSES: You can get the service 

bulletins identified in this AD from 

Rolls-Royce Deutschland Ltd. & Co KG, 

Eschenweg 11, D–15827 DAHLEWITZ, 

Germany; telephone 49 (0) 33–7086–

1768; fax 49 (0) 33–7086–3356. 

You may examine the AD docket at 

the FAA, New England Region, Office of 

the Regional Counsel, 12 New England 

Executive Park, Burlington, MA. You 

may examine the service bulletins, at 

the FAA, New England Region, Office of 

the Regional Counsel, 12 New England 

Executive Park, Burlington, MA; or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, 

or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html.

FOR FURTHER INFORMATION CONTACT:

Jason Yang, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803–

5299; telephone (781) 238–7747; fax 

(781) 238–7199.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

a proposed airworthiness directive (AD). 

The proposed AD applies to RRD Model 

Tay 611–8, 620–15, 650–15, and 651–54 

turbofan engines, with LP fuel tube,

P/N JR33021A, installed. We published 

the proposed AD in the Federal Register

on June 9, 2004 (69 FR 32285). That 

action proposed to require initial and 

repetitive inspections of LP fuel tubes, 

and replacement of the fuel tube with a 

new design tube as mandatory 

terminating action to the repetitive 

inspections. That proposed action 

results from the manufacturer 

introducing a new design fuel tube, 

which eliminates the unsafe condition. 

Special Flight Permits Paragraph 

Removed 

Paragraph (g) of the current AD, AD 

2003–05–04, contains a paragraph 

pertaining to special flight permits. 

Even though this final rule does not 

contain a similar paragraph, we have 

made no changes with regard to the use 

of special flight permits to operate the 

airplane to a repair facility to do the 

work required by this AD. In July 2002, 

we published a new part 39 that 

contains a general authority regarding 

special flight permits and airworthiness 

directives; see Docket No. FAA–2004–

8460, Amendment 39–9474 (69 FR 

47998, July 22, 2002). Thus, when we 

now supersede ADs we will not include 

a specific paragraph on special flight 

permits unless we want to limit the use 

of that general authority granted in 

section 39.23. 

Examining the AD Docket 

You may examine the AD Docket 

(including any comments and service 

information), by appointment, between 

8 a.m. and 4:30 p.m., Monday through 

Friday, except Federal holidays. See

ADDRESSES for the location. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We received no 

comments on the proposal or on the 

determination of the cost to the public. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD as proposed. 

Costs of Compliance 

There are about 1,300 RRD Model Tay 

611–8, 620–15, 650–15, and 651–54 

turbofan engines of the affected design 

in the worldwide fleet. We estimate that 

1,206 engines installed on airplanes of 

U.S. registry would be affected by this 

AD. We also estimate that it will take 

about two work hours per engine to 

perform the tube inspection, and two 

work hours per engine to perform the 

tube replacement. The average labor rate 

is $65 per work hour. Required parts 

will cost about $1,300 per engine. Based 

on these figures, we estimate the total 

cost of the AD to U.S. operators to be 

$1,720,000. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations 7015

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 

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 by sending a request to us 

at the address listed under ADDRESSES. 

Include ‘‘AD Docket No. 2002–NE–37–

AD’’ in your request.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

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 

removing Amendment 39–13080 (69 FR 

11467, March 11, 2003) and by adding a 

new airworthiness directive, 

Amendment 39–13962, to read as 

follows:

2005–03–06 Rolls-Royce Deutschland Ltd. 

& Co KG (formerly Rolls-Royce plc):

Amendment 39–13962. Docket No. 

2002–NE–37–AD. 

Effective Date 

(a) This AD becomes effective March 17, 

2005. 

Affected ADs 

(b) This AD supersedes AD 2003–05–04. 

Applicability 

(c) This AD applies to Rolls-Royce 

Deutschland Ltd. & Co KG (RRD) (formerly 

Rolls-Royce plc) Model Tay 611–8, 620–15, 

650–15, and 651–54 turbofan engines, with 

low pressure (LP) fuel tube, part number (P/

N) JR33021A, installed. These engines are 

installed on, but not limited to, Fokker F.28 

Mark 0100 airplanes, Supplemental Type 

Certificate No. SA842SW, Boeing 727 

airplanes, and Gulfstream G–IV airplanes. 

Unsafe Condition 

(d) This AD results from the manufacturer 

introducing a new design LP fuel tube which 

eliminates the unsafe condition. The actions 

specified in this AD are intended to prevent 

a dual-engine flameout due to fuel 

exhaustion which could lead to forced 

landing and possible 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. 

Initial Inspection 

(f) Before further flight, for Tay 611–8 and 

651–54 turbofan engines with part 4 of RRD 

service bulletin (SB) TAY–73–1194 

incorporated, inspect the LP fuel tube for 

fretting, and replace as necessary. Use 3.C.1. 

through 3.C.13. of the Accomplishment 

Instructions of RRD Service Bulletin (SB) No. 

TAY–73–1553, Revision 2, dated April 23, 

2003. 

(g) Before further flight, for Tay 620–15 and 

650–15 turbofan engines, inspect the LP fuel 

tube for fretting, and replace as necessary. 

Use 3.C.1. through 3.C.13. of the 

Accomplishment Instructions of RRD SB No. 

TAY–73–1593, dated April 23, 2003. 

Repetitive Inspections 

(h) Thereafter, inspect the LP fuel tube for 

fretting, at intervals not to exceed 2,000 

hours time-in-service (TIS) since the last 

inspection, and replace as necessary. Use 

3.C.1. through 3.C.13. of the Accomplishment 

Instructions of RRD SBs referenced in 

paragraphs (f) and (g) of this AD. 

Mandatory Terminating Action 

(i) As mandatory terminating action to the 

repetitive inspections required by this AD, 

replace fuel tube, P/N JR33021, with a fuel 

tube P/N that is not listed in this AD. 

Information on fuel tube replacement can be 

found in RRD SB No. TAY–73–1592, dated 

April 30, 2003. Use the following compliance 

times: 

(1) For fuel tubes with fewer than 4,000 

hours TIS on the effective date of this AD, 

replace fuel tube within 10 additional cyclesin-service or before reaching 4,000 hours TIS, 

whichever occurs later. 

(2) For fuel tubes with 4,000 or more hours 

TIS on the effective date of this AD, replace 

fuel tube before June 30, 2005. 

Alternative Methods of Compliance 

(j) 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. 

Material Incorporated by Reference 

(k) You must use the Rolls-Royce service 

bulletins listed in Table 1 of this AD to 

perform the inspections required by this AD. 

The Director of the Federal Register approved 

the incorporation by reference of the 

documents listed in Table 1 of this AD in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. You can get a copy from Rolls-Royce 

Deutschland Ltd. & Co KG, Eschenweg 11, D–

15827 DAHLEWITZ, Germany; telephone 49 

(0) 33–7086–1768; fax 49 (0) 33–7086–3356. 

You can review copies at the FAA, New 

England Region, Office of the Regional 

Counsel, 12 New England Executive Park, 

Burlington, MA; or at the National Archives 

and Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html. Table 1 follows:

TABLE 1.—INCORPORATION BY REFERENCE

Service bulletin Page number(s) shown on 

the page 

Revision level shown on the 

page 

Date shown on the 

page 

TAY–73–1553, Total Pages: 11 ........................................... ALL ........................................ 2 ............................................ April 23, 2003. 

TAY–73–1593, Total Pages: 11 ........................................... ALL ........................................ Original .................................. April 23, 2003. 

7016 Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations 

Related Information 

(l) Luftfhart Bundesamt airworthiness 

directive No. 2002–358/5, dated November 

18, 2003, and Rolls-Royce Deutschland Ltd. 

& Co KG Service Bulletin No. TAY–73–1592, 

dated April 30, 2003 also address the subject 

of this AD.

Issued in Burlington, Massachusetts, on 

February 1, 2005. 

Francis A. Favara, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service.

[FR Doc. 05–2370 Filed 2–9–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2004–SW–07–AD; Amendment 

39–13963; AD 2005–03–07] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron Canada Model 407 

Helicopters

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) for 

Bell Helicopter Textron Canada (Bell) 

Model 407 helicopters that requires 

creating a component history card or 

equivalent record for each crosstube 

assembly, converting accumulated runon landings to an accumulated 

Retirement Index Number (RIN) count, 

and establishing a maximum 

accumulated RIN for certain crosstube 

assemblies. This amendment is 

prompted by fatigue testing, analysis, 

and evaluation by the manufacturer that 

determined that run-on landings impose 

a high stress on landing gear or 

crosstubes and may cause cracking in 

the area above the skid tube saddle. The 

actions specified by this AD are 

intended to prevent fatigue failure in a 

crosstube assembly due to excessive 

stress during run-on landings and 

subsequent loss of control of the 

helicopter.

DATES: Effective March 17, 2005.

FOR FURTHER INFORMATION CONTACT:

Sharon Miles, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Policy Group, Fort Worth, Texas 

76193–0111, telephone (817) 222–5122, 

fax (817) 222–5961.

SUPPLEMENTARY INFORMATION: A 

proposal to amend 14 CFR part 39 to 

include an AD for the Bell Model 407 

helicopters was published in the 

Federal Register on August 4, 2004 (69 

FR 47041). That action proposed to 

require, before further flight, creating a 

component history card or equivalent 

record for each crosstube assembly, 

converting accumulated run-on landings 

to an accumulated RIN count, and 

establishing a retirement life of 5,000 

accumulated RIN for the affected 

crosstube assemblies. 

Transport Canada, the airworthiness 

authority for Canada, notified the FAA 

that an unsafe condition may exist on 

Bell Model 407 helicopters. Transport 

Canada advises that run-on landings 

impose high stress on landing gear 

crosstubes, and to prevent possible 

crosstube failure, the manufacturer has 

introduced the life limitation of 5,000 

RIN. Further evaluation has confirmed 

the possibility that an extensive training 

environment with run-on landings may 

impose high stress on crosstubes. The 

same condition may result from 

repetitive landings with forward travel 

with rotorcraft weight on the skids. 

Bell has issued Alert Service Bulletin 

No. 407–03–59, dated October 15, 2003, 

which specifies assigning a RIN count to 

forward and aft crosstube assemblies on 

Model 407 helicopters. Transport 

Canada classified this alert service 

bulletin as mandatory and issued AD 

No. CF–2004–03, dated February 11, 

2004, to ensure the continued 

airworthiness of these helicopters in 

Canada. 

This helicopter model is 

manufactured in Canada and is 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, Transport Canada 

has kept the FAA informed of the 

situation described above. The FAA has 

examined the findings of Transport 

Canada reviewed all available 

information, and determined that AD 

action is necessary for products of this 

type design that are certificated for 

operation in the United States. 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. No 

comments were received on the 

proposal or the FAA’s determination of 

the cost to the public. The FAA has 

determined that air safety and the 

public interest require the adoption of 

the rule as proposed. 

The FAA estimates that this AD will 

affect 319 helicopters of U.S. registry 

and it will take approximately 4 work 

hours per helicopter to replace the 

forward and aft crosstube assemblies at 

an average labor rate of $65 per work 

hour. Required parts will cost 

approximately $6,670 per helicopter for 

both forward and aft low gear crosstube 

assemblies, or $8,450 per helicopter for 

both forward and aft high gear crosstube 

assemblies. Based on these figures, the 

total cost impact of this AD on U.S. 

operators is estimated to be $2,210,670 

to replace the low gear crosstube 

assemblies on the entire fleet or 

$2,778,490 to replace the high-gear 

crosstube assemblies on the entire fleet 

and assuming the costs associated with 

creating and updating the historical 

component card are negligible. 

Regulatory Findings 

The regulations adopted herein will 

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 final rule does not 

have federalism implications under 

Executive Order 13132. 

For the reasons discussed above, I 

certify that this action (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. A final economic 

evaluation has been prepared for this 

action and it is contained in the Rules 

Docket. A copy of it may be obtained 

from the Rules Docket at the FAA, 

Office of the Regional Counsel, 

Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas. 

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.