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

52932 

Vol. 73, No. 178 

Friday, September 12, 2008 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0842; Directorate 

Identifier 2008–NE–24–AD] 

RIN 2120–AA64 

Airworthiness Directives; BombardierRotax GmbH 914 F Series 

Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Occurrence of cracks in the exhaust 

muffler in the area of the exhaust bottom and 

exhaust flange were reported, which could 

lead to toxic contamination inside the cabin. 

We are proposing this AD to prevent 

carbon monoxide contamination in the 

cockpit, which can adversely affect the 

pilot, and possibly result in loss of 

control of the aircraft. 

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 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. 

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 

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. 

FOR FURTHER INFORMATION CONTACT: 

Richard Woldan, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park; Burlington, MA 

01803; telephone (781) 238–7136; fax 

(781) 238–7199. 

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–2008–0842; Directorate Identifier 

2008–NE–24–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 based on 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). 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2006–0127, 

dated May 18, 2006 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

Occurrence of cracks in the exhaust 

muffler in the area of the exhaust bottom and 

exhaust flange were reported, which could 

lead to toxic contamination inside the cabin. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Bombardier-Rotax GmbH has issued 

Service Bulletin SB–914–028 R1, dated 

November 8, 2004. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of Austria, and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with Austria, they have 

notified us of the unsafe condition 

described in the MCAI and service 

information referenced above. We are 

proposing this AD because we evaluated 

all information provided by Austria and 

determined the unsafe condition exists 

and is likely to exist or develop on other 

products of the same type design. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 75 products of U.S. registry. 

We also estimate that it would take 

about 2 work-hours per product to 

comply with this proposed AD. The 

average labor rate is $80 per work-hour. 

Required parts would cost about $1,674 

per product. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $137,550. Our cost 

estimate is exclusive of possible 

warranty coverage. 

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: 


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Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Proposed Rules 52933 

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 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. 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. 

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 FAA amends § 39.13 by adding 

the following new AD: 

Bombardier-Rotax GmbH: (Formerly Rotax 

GmbH): Docket No. FAA–2008–0842; 

Directorate Identifier 2008–NE–24–AD. 

Comments Due Date 

(a) We must receive comments by October 

14, 2008. 

Affected Airworthiness Directives (ADs) 

(b) None. 

Applicability 

(c) This AD applies to Bombardier-Rotax 

GmbH 914 F series reciprocating engines 

with engine exhaust muffler, part number 

(P/N) 979402 or 979404, with serial numbers 

(SNs) listed in Table 1 of this AD, installed. 

These engines are installed on, but not 

limited to, Aeromot-Industria Mecanico 

Metalurgica, AMT–300 (Turbo Ximango 

Shark), Diamond Aircraft Industries, HK 36 

TTS, HK 36 TTC, HK 36 TTC–ECO, and 

Stemme GmbH & Co. KG, S10–VT series 

powered sailplanes. 

TABLE 1—AFFECTED EXHAUST MUFFLERS BY GROUP, P/N, AND SN 

Group P/N SN 

(1) A ........................... 979402 ...................... 02.0001 through 02.0322, 03.0002, 03.0005, 03.0011, 03.0015, 03.0017, 03.0028, 03.0029, 

03.0037, 03.0038, 03.0040, 03.0050, 03.0069, 03.0072, 03.0073, 03.0078, 03.0080 through 

03.0086, 03.0088 through 03.0090, 03.0092 through 03.0101, 03.0103, and 03.0108. 

(2) B ........................... 979402 ...................... 03.0001, 03.0003, 03.0004, 03.0006, 03.0007 through 03.0010, 03.0012 through 03.0014, 

03.0016, 03.0018 through 03.0027, 03.0030 through 03.0036, 03.0039, 03.0041 through 

03.0049, 03.0051 through 03.0068, 03.0070, 03.0071, 03.0074 through 03.0077, 03.0079, 

03.0087, 03.0091, 03.0102, and 03.0104 through 03.0107. 

979404 ...................... 03.0200 through 04.0799. 

Reason 

(d) Occurrence of cracks in the exhaust 

muffler in the area of the exhaust bottom and 

exhaust flange were reported, which could 

lead to toxic contamination inside the cabin. 

We are proposing this AD to prevent 

carbon monoxide contamination in the 

cockpit, which can adversely affect the pilot, 

and possibly result in loss of control of the 

aircraft. 

Actions and 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 Visual Inspection 

Group A Exhaust Mufflers 

(f) For exhaust mufflers specified in Group 

A of Table 1 of this AD, within 50 hours of 

operation after the effective date of this AD, 

do the following: 

(1) Perform a visual inspection around the 

fillet weld of the exhaust inlet flange and 

around the weld of the exhaust outlet for 

evidence of leakage or cracks. Information on 

inspecting the exhaust muffler can be found 

in Bombardier-Rotax GmbH 914 F Service 

Bulletin SB–914–028 R1, dated November 8, 

2004. 

(2) If you see evidence of an exhaust leak 

or cracks, replace the exhaust muffler. 

Group B Exhaust Mufflers 

(g) For exhaust mufflers specified in Group 

B of Table 1 of this AD, within 50 hours of 

operation after the effective date of this AD, 

do the following: 

(1) Perform a visual inspection around the 

weld of the exhaust outlet for evidence of 

leakage or cracks. Information on inspecting 

the exhaust muffler can be found in 

Bombardier-Rotax GmbH 914 F Service 

Bulletin SB–914–028 R1, dated November 8, 

2004. 

(2) If you see evidence of an exhaust leak 

or cracks, replace the exhaust muffler. 

Repetitive Visual Inspections 

(h) Within 50 hours of operation since the 

last inspection, perform the actions specified 

in paragraphs (f)(1) through (f)(2) and (g)(1) 

through (g)(2) of this AD. 

FAA AD Differences 

(i) None. 

Other FAA AD Provisions 

(j) Alternative Methods of Compliance 

(AMOCs): The Manager, Engine Certification 

Office, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Related Information 

(k) Refer to MCAI EASA Airworthiness 

Directive 2006–0127, dated May 18, 2006, 

and Bombardier-Rotax GmbH 914 F Service 

Bulletin SB–914–028 R1, dated November 8, 

2004, for related information. 

(l) Contact Richard Woldan, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803, telephone (781) 238–7136; fax (781) 

238–7199, for more information about this 

AD. 


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52934 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Proposed Rules 

Issued in Burlington, Massachusetts, on 

September 5, 2008. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–21282 Filed 9–11–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

Proposed Modification of the 

Asheville, NC, Class C Airspace Area; 

Public Meeting 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of meeting. 

SUMMARY: This notice announces a factfinding informal airspace meeting to 

solicit information from airspace users 

and others concerning a plan to modify 

the Class C airspace area at Asheville, 

NC. The modification would ensure that 

arriving aircraft are contained within 

Class C airspace while flying instrument 

approaches to runways 16 and 34 at the 

Asheville Regional Airport. The purpose 

of the meeting is to provide interested 

parties an opportunity to present views, 

recommendations, and comments to be 

considered by the FAA in developing a 

proposal. All comments received during 

the meeting will be considered prior to 

issuance of a notice of proposed 

rulemaking. 

DATES: The informal airspace meeting 

will be held on Tuesday, October 14, 

2008, beginning at 6:30 p.m. Comments 

must be received on or before November 

14, 2008. 

ADDRESSES: The meeting will be held at 

the O.D. Lacey Griffin Building, 21 

Aviation Way, Fletcher, NC 28732. 

Comments: Send comments on the 

proposal to Mark Ward, Manager, 

Operations Support Group, Air Traffic 

Organization Eastern Service Area, 

Federal Aviation Administration, P.O. 

Box 20636, Atlanta, Georgia 30320. 

FOR FURTHER INFORMATION CONTACT: Grey 

Pelkey, Manager, Asheville Airport 

Traffic Control Tower, Asheville 

Airport, 61 Terminal Drive Suite 2, 

Fletcher, NC 28732; Telephone (828) 

684–0421. 

SUPPLEMENTARY INFORMATION: 

Meeting Procedures 

(a) The meeting will be open to all 

persons on a space-available basis. 

There will be no admission fee or other 

charge to attend and participate. 

(b) The meeting will be informal in 

nature and will be conducted by one or 

more representatives of the FAA Eastern 

Service Area. A representative from the 

FAA will present an informal briefing 

on the planned modification to the Class 

C airspace at Asheville, NC. Each 

participant will be given an opportunity 

to deliver comments or make a 

presentation, although a time limit may 

be imposed. Only comments concerning 

the plan to modify the Class C airspace 

area at Asheville, NC, will be accepted. 

(c) Each person wishing to make a 

presentation to the FAA panel will be 

asked to sign in and estimate the 

amount of time needed for such 

presentation. This will permit the panel 

to allocate an appropriate amount of 

time for each presenter. The meeting 

will not be adjourned until everyone on 

the list has had an opportunity to 

address the panel. 

(d) Position papers or other handout 

material relating to the substance of 

these meetings will be accepted. 

Participants wishing to submit handout 

material should present an original and 

two copies (3 copies total) to the 

presiding officer. There should be 

additional copies of each handout 

available for other attendees. 

(e) The meeting will not be formally 

recorded. However, a summary of 

comments made at the meeting will be 

filed in the docket. 

Agenda for the Meeting 

—Sign-in. 

—Presentation of Meeting Procedures. 

—FAA explanation of the proposed 

Class C modifications. 

—Public Presentations and Discussions. 

—Closing Comments. 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

Issued in Washington DC, on September 2, 

2008. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E8–21216 Filed 9–11–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2008–0721] 

RIN 1625 AA09 

Drawbridge Operation Regulation; 

Willamette River, Portland, OR, 

Schedule Change 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

modify the drawbridge operation 

regulation for the Broadway and 

Burnside Bridges across the Willamette 

River, mile 11.7, in Portland, Oregon so 

that one-hour notice would be required 

from 8 a.m. to 5 p.m. Monday through 

Friday and two-hour notice at all other 

times. The Broadway Bridge would be 

deleted as a point of contact for 

upstream vessels, leaving the 

Hawthorne Bridge as the point of 

contact for both upstream and 

downstream travel directions. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

November 12, 2008. 

ADDRESSES: You may submit comments 

identified by the Coast Guard docket 

number USCG–2008–0721 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(3) Hand delivery: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Austin Pratt, Chief, Bridge 

Section, Waterways Management 

Branch, 13th Coast Guard District, 

telephone 206–220–7282. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 


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