50892 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Proposed Rules 

this proposed rule, FSIS will announce 

it online through the FSIS Web page 

located at http://www.fsis.usda.gov/

Regulations_&_Policies/2008_Proposed 

_Rules_Index/index.asp. FSIS will also 

make copies of this Federal Register 

publication available through the FSIS 

Constituent Update, which is used to 

provide information regarding FSIS 

policies, procedures, regulations, 

Federal Register notices, FSIS public 

meetings, and other types of information 

that could affect or would be of interest 

to constituents and stakeholders. The 

Update is communicated via Listserv, a 

free electronic mail subscription service 

for industry, trade groups, consumer 

interest groups, health professionals, 

and other individuals who have asked 

to be included. The Update is also 

available on the FSIS Web page. 

Through the Listserv and Web page, 

FSIS is able to provide information to a 

much broader and more diverse 

audience. In addition, FSIS offers an email subscription service which 

provides automatic and customized 

access to selected food safety news and 

information. This service is available at 

http://www.fsis.usda.gov/news_and_

events/email_subscription/. Options 

range from recalls to export information 

to regulations, directives and notices. 

Customers can add or delete 

subscriptions themselves, and have the 

option to password protect their 

accounts. 

List of Subjects in 9 CFR Part 309 

Ante-Mortem Inspection. 

For the reasons discussed in the 

preamble, FSIS is proposing to amend 9 

CFR Chapter III as follows: 

PART 309—ANTE-MORTEM 

INSPECTION 

1. The authority citation for part 309 

continues to read as follows: 

Authority: 21 U.S.C. 601–695; 7 CFR 2.18, 

2.53. 

2. Section 309.3(e) is revised to read 

as follows: 

§ 309.3 Dead, dying, disabled, or diseased 

and similar livestock. 

* * * * * 

(e) Establishment personnel must 

notify FSIS inspection personnel when 

cattle become non-ambulatory disabled 

after passing ante-mortem inspection. 

Non-ambulatory disabled cattle that are 

offered for slaughter must be 

condemned and disposed of in 

accordance with § 309.13. 

* * * * * 

Done at Washington, DC, on August 25, 

2008. 

Alfred Almanza, 

Administrator. 

[FR Doc. E8–20159 Filed 8–28–08; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0750; Directorate 

Identifier 2008–NE–21–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dowty 

Propellers R175/4–30; R184/4–30–4; 

R193/4–30–4; R.209/4–40–4.5; R212/4–

30–4; R.245/4–40–4.5; R251/4–30–4; 

R257/4–30–4; and R.259/4–40–4.5 

Model Propellers 

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) for all Dowty Rotol 

propellers. That AD currently requires, 

for all Dowty Rotol propellers, visual 

inspections for seizure and for cadmium 

plating of the blade pitch change 

operating links and eyebolt fork 

assemblies. That AD also requires 

replacement or heat-treatment of the 

blade pitch change operating links and 

eyebolt fork assemblies, if necessary. 

This proposed AD would require the 

same actions, but only for certain model 

Dowty Propellers. This proposed AD 

results from the FAA determining that 

AD 70–16–02 does not apply to all 

propellers, since current Dowty Rotol 

propellers are differently designed. We 

are proposing this AD supersedure to 

specify the affected propeller models, 

and to prevent seizure or embrittlement 

and cracking of the blade pitch change 

operating links and eyebolt fork 

assemblies, which could result in 

reduced controllability of the airplane. 

DATES: We must receive any comments 

on this proposed AD by October 28, 

2008. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

Contact Dowty Propellers, Anson 

Business Park, Cheltenham Road East, 

Gloucester GL 29QN, UK; telephone: 44 

(0) 1452 716000; fax: 44 (0) 1452 

716001, for the service information 

identified in this proposed AD. 

FOR FURTHER INFORMATION CONTACT: 

Terry Fahr, Aerospace Engineer, Boston 

Aircraft Certification Office, FAA, 

Engine and Propeller Directorate, 12 

New England Executive Park, 

Burlington, MA 01803; e-mail: 

terry.fahr@faa.gov; telephone (781) 238–

7155; fax (781) 238–7170. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposal. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2008–0750; Directorate Identifier 2008–

NE–21–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:// 

www.regulations.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 Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, 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). 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Proposed Rules 50893 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

Discussion 

The FAA proposes to amend 14 CFR 

part 39 by superseding AD 70–16–02, 

Amendment 39–1503 (37 FR 16535, 

August 16, 1972). That AD requires, for 

all Dowty Rotol propellers, visual 

inspections for seizure and for cadmium 

plating of the blade pitch change 

operating links and eyebolt fork 

assemblies. That AD also requires 

replacement or heat-treatment of the 

blade pitch change operating links and 

eyebolt fork assemblies, if necessary. 

That AD was the result of reports of 

incorrect and unauthorized cadmium 

plating of propeller pitch change 

operating links, link pins, and eyebolt 

fork assemblies on their case-hardened 

surfaces. Those conditions, if not 

corrected, could result in seizure or 

embrittlement and cracking of blade 

pitch change operating links and eyebolt 

fork assemblies, which could result in 

reduced controllability of the airplane. 

Actions Since AD 70–16–02 Was Issued 

Since AD 70–16–02 was issued, we 

determined that at the time of issuance, 

the applicability to all Dowty Rotol 

propellers was accurate. However, other 

Dowty propeller models which are 

differently designed have been type 

certificated since that AD was issued, 

and are not affected by that AD. This 

proposed AD would clarify the 

propeller model applicability by only 

affecting Dowty Propellers R175/4–30; 

R184/4–30–4; R193/4–30–4; R.209/4–

40–4.5; R212/4–30–4; R.245/4–40–4.5; 

R251/4–30–4; R257/4–30–4; and R.259/ 

4–40–4.5 model propellers. AD 70–16–

02 has a compliance time of within the 

next 100 hours time-in-service. This 

proposed AD would require a 

compliance time of before further flight, 

as the affected propellers should have 

already complied with AD 70–16–02. 

Relevant Service Information 

We have reviewed and approved the 

technical contents of Dowty Rotol 

Service Bulletin (SB) No. 61–754, dated 

June 12, 1970. That SB describes 

procedures for heat-treating the blade 

pitch change operating links and eyebolt 

fork assemblies. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other products of this same 

type design. For that reason, we are 

proposing this AD, which would require 

visual inspections before further flight 

of the blade pitch change operating 

links and eyebolt fork assemblies and 

replacement or heat-treatment of them, 

if necessary, for Dowty Propellers R175/ 

4–30; R184/4–30–4; R193/4–30–4; 

R.209/4–40–4.5; R212/4–30–4; R.245/4–

40–4.5; R251/4–30–4; R257/4–30–4; and 

R.259/4–40–4.5 model propellers. 

Costs of Compliance 

We anticipate that this proposed AD 

would affect no propellers installed on 

airplanes of U.S. registry, as the affected 

propellers should already be in 

compliance with AD 70–16–02 since it 

became effective, on August 21, 1972. 

Based on this information, we estimate 

the total cost of the proposed AD to U.S. 

operators to be $0. 

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 AD: 

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 regulatory evaluation 

of the estimated costs to comply with 

this proposed AD. 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 

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 

removing Amendment 39–1503 (37 FR 

16535, August 16, 1972) and by adding 

a new airworthiness directive to read as 

follows: 

Dowty Propellers (Formerly Dowty 

Aerospace; Dowty Rotol Limited; and 

Dowty Rotol): Docket No. FAA–2008–

0750; Directorate Identifier 2008–NE–

21–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this 

airworthiness directive (AD) action by 

October 28, 2008. 

Affected ADs 

(b) This AD supersedes AD 70–16–02, 

Amendment 39–1503. 

Applicability 

(c) This AD applies to Dowty Propellers 

R175/4–30; R184/4–30–4; R193/4–30–4; 

R.209/4–40–4.5; R212/4–30–4; R.245/4–40–

4.5; R251/4–30–4; R257/4–30–4; and R.259/ 

4–40–4.5 model propellers. These propellers 

are installed on, but not limited to, Fairchild 

F–27, Fairchild-Hiller FH–227, Grumman G–

159, Nihon YS–11, Convair 240, 340, 440, 

600, and BAe HS 748 Series 2 airplanes. 

Unsafe Condition 

(d) This AD results from the FAA 

determining that AD 70–16–02 does not 

apply to all propellers, since current Dowty 

Rotol propellers are differently designed. We 

are issuing this AD supersedure to specify 

the affected propeller models, and to prevent 

seizure or embrittlement and cracking of the 

blade pitch change operating links and 

eyebolt fork assemblies, which could result 

in reduced controllability of the airplane. 


pwalker on PROD1PC71 with PROPOSALS
50894 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Proposed Rules 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed before 

further flight after the effective date of this 

AD, unless the actions have already been 

done. 

(f) Inspect the blade pitch change operating 

link and eyebolt fork assembly for: 

(1) Seizure (the link and eyebolt are seized 

if the torque required to move the link is 300 

inch pounds or more); and 

(2) Cadmium plating on the mating 

surfaces between the operating link and 

eyebolt fork and the holes through the 

eyebolt fork and the operating link. 

(g) If the link and eyebolt fork are not 

seized and have not been cadmium plated, 

they may remain in service. 

(h) If the link and eyebolt fork are not 

seized but cadmium plating is found in the 

prohibited areas, remove the plating by 

means of wet or dry silicon carbide paper, 

fine or medium grade, and conduct a 

magnetic crack test. If no cracks are found, 

the assembly may remain in service until the 

next propeller overhaul for air carrier 

airplanes and airplanes under a continuous 

maintenance program or for 3,300 hours 

time-in-service after the effective date of this 

AD for all other airplanes. At the next 

propeller overhaul for air carrier airplanes 

and airplanes under a continuous 

maintenance program, or within 3,300 hours 

time-in-service after the effective date of this 

AD for all other airplanes, heat treat the links 

and eyebolt forks found to have been 

cadmium plated, to remove embrittlement. 

Use Dowty Rotol Service Bulletin No. 61–

754, dated June 12, 1970, to perform the heat 

treatment. 

(i) If the link and eyebolt fork are seized, 

remove the link and eyebolt fork from service 

and replace them with an assembly having a 

part number approved for that model 

propeller that has not been cadmium plated 

in the prohibited areas. 

(j) If the link or eyebolt fork are found to 

be cracked during the inspection in 

paragraph (h) of this AD, remove the cracked 

part from service and replace it with a part 

having a part number approved for that 

model propeller that has not been cadmium 

plated. 

(k) The inspection required by paragraph 

(f) of this AD need not be performed and the 

propeller may remain in service if: 

(1) The operator can show that no 

cadmium plating exists in the prohibited 

areas of that propeller; or 

(2) It is a new propeller that has never been 

overhauled. 

Alternative Methods of Compliance 

(l) The Manager, Boston Aircraft 

Certification Office, FAA, 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 

(m) Contact Terry Fahr, Aerospace 

Engineer, Boston Aircraft Certification Office, 

FAA, Engine and Propeller Directorate, 12 

New England Executive Park, Burlington, 

MA 01803; e-mail: terry.fahr@faa.gov; 

telephone (781) 238–7155; fax (781) 238–

7170, for more information about this AD. 

Issued in Burlington, Massachusetts, on 

August 22, 2008. 

Carlos Pestana, 

Acting Assistant Manager, Engine and 

Propeller Directorate, Aircraft Certification 

Service. 

[FR Doc. E8–20081 Filed 8–28–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0934; Directorate 

Identifier 2008–NM–113–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model DC–9–30, DC–9–40, 

and DC–9–50 Series Airplanes, Model 

DC–9–81 (MD–81), DC–9–82 (MD–82), 

DC–9–83 (MD–83), and DC–9–87 (MD–

87) Airplanes, and Model MD–88 and 

MD–90–30 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

McDonnell Douglas airplanes listed 

above. This proposed AD would require 

modifying the fuel boost pumps for the 

center wing, and forward or aft auxiliary 

fuel tanks. This proposed AD results 

from fuel system reviews conducted by 

the manufacturer. We are proposing this 

AD to prevent possible sources of 

ignition in a fuel tank caused by an 

electrical fault or uncommanded dry 

operation of the fuel boost pumps. An 

ignition source in the fuel tank could 

result in a fire or an explosion and 

consequent loss of the airplane. 

DATES: We must receive comments on 

this proposed AD by October 14, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Long Beach Division, 3855 

Lakewood Boulevard, Long Beach, 

California 90846, Attention: Data and 

Service Management, Dept. C1–L5A 

(D800–0024). 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Serj 

Harutunian, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5254; fax (562) 

627–5210. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–0934; Directorate Identifier 

2008–NM–113–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The FAA has examined the 

underlying safety issues involved in fuel 

tank explosions on several large 

transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 


pwalker on PROD1PC71 with PROPOSALS