Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 56765 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

328′ Support Services GmbH (Formerly, 

AvCraft Aerospace GmbH, formerly 

Fairchild Dornier GmbH, formerly 

Dornier Luftfahrt GmbH): Docket No. 

FAA–2008–1043; Directorate Identifier 

2008–NM–036–AD. 

Comments Due Date 

(a) We must receive comments by October 

30, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to 328 Support 

Services GmbH Dornier Model 328–100 

airplanes, all serial numbers, certificated in 

any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During overhaul on a Dornier 328–100 

landing gear unit, parts of the MLG (main 

landing gear) main body and trailing arm 

bushings have been found corroded. 

Investigation showed that over time, these 

bushings can migrate, creating the risk of 

corrosion in adjacent areas. Such corrosion, 

if not detected, could cause damage to the 

MLG, possibly resulting in MLG functional 

problems or failure. 

Based on these findings, the existing 

mandatory retrofit limitation (as required by 

Airworthiness Limitations Document under 

Section E ‘‘Mandatory Retrofit Items’’ since 

16 September 1998) for the MLG bushings at 

15,000 FC (flight cycles) has been amended 

with ‘‘* * * or 6 calendar years time-inservice (TIS), whichever occurs first’’. 

For the reasons described above, this 

[EASA] Airworthiness Directive requires the 

implementation of the revised mandatory 

retrofit limitation and modification of MLG 

bushings that have exceeded the new limit. 

Functional problems or failure of the MLG 

could result in the inability of the MLG to 

extend or retract. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Modify the MLG main body and trailing 

arm bushings at the applicable time specified 

in paragraph (f)(1)(i) or (f)(1)(ii) of this AD, 

or within 12 months after the effective date 

of this AD, whichever occurs later. Do the 

modification in accordance with the 

instructions of Dornier Service Bulletin SB– 

328–32–245, Revision 2, dated November 21, 

2007; and Messier-Dowty Service Bulletin 

800–32–014, Revision 1, dated July 19, 1999. 

(i) For airplanes on which the bushings 

have not been replaced as of the effective 

date of this AD: Before the MLG accumulates 

15,000 flight cycles or 6 years, whichever 

occurs first. 

(ii) For airplanes on which the bushings 

have been replaced as of the effective date of 

this AD: Before the MLG exceeds 15,000 

flight cycles or 6 years after replacement of 

the bushings, whichever occurs first. 

(2) Within 1 month after the effective date 

of this AD: Revise the Airworthiness 

Limitations (AWL) section of the Instructions 

for Continued Airworthiness by 

incorporating the information in Dornier 328 

Temporary Revision (TR) ALD–084, dated 

November 7, 2005, into Section E, 

‘‘Mandatory Retrofit Items’’ of the Dornier 

328 Airworthiness Limitations Document 

(ALD). 

Note 1: The actions required by paragraph 

(f)(2) of this AD may be done by inserting a 

copy of Dornier 328 TR ALD–084 into 

Section E of the Dornier 328 ALD. 

(3) After doing the replacement required by 

paragraph (f)(1) of this AD, no person may 

install, on any airplane, a MLG unit as a 

replacement part, unless it has been modified 

in accordance with paragraph (f)(1) of this 

AD. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Dan Rodina, 

Aerospace Engineer, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2125; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2008– 

0009, dated January 11, 2008; Messier-Dowty 

Service Bulletin 800–32–014, Revision 1, 

dated July 19, 1999; Dornier Service Bulletin 

SB–328–32–245, Revision 2, dated November 

21, 2007; and Dornier 328 TR ALD–084, 

dated November 7, 2005, to the Dornier 328 

Airworthiness Limitations Document; for 

related information. 

Issued in Renton, Washington, on 

September 20, 2008. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–22907 Filed 9–29–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1044; Directorate 

Identifier 2008–NM–095–AD] 

RIN 2120–AA64 

Airworthiness Directives; Saab Model 

SAAB-Fairchild SF340A (SAAB/ 

SF340A) and SAAB 340B 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 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated 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: 

Several landing gear emergency extension 

valves have been found seized * * *. This 

condition, if not corrected, could result in 

malfunctioning of the landing gear release 

during an operational emergency. 

This malfunction could cause failure of 

the landing gear to extend and lock in 

the extended position, which could 

result in a gear up landing and reduced 

controllability of the airplane on the 

ground. The proposed AD would 

require actions that are intended to 

address the unsafe condition described 

in the MCAI. 

DATES: We must receive comments on 

this proposed AD by October 30, 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– 


ebenthall on PROD1PC60 with PROPOSALS
56766 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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 in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Shahram Daneshmandi, Aerospace 

Engineer, International Branch, ANM– 

116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1112; fax (425) 227–1149. 

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–2008–1044; Directorate Identifier 

2008–NM–095–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 we receive 

about this proposed AD. 

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 2008–0054, 

dated March 5, 2008 (referred to after 

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

condition for the specified products. 

The MCAI states: 

Several landing gear emergency extension 

valves have been found seized when 

performing checks according to the SAAB 

340 Maintenance Review Board (MRB) 

Report, Section F (Airworthiness Limitation 

Section) task number 323106. The valves 

have seized due to lack of internal 

lubrication. This condition, if not corrected, 

could result in malfunctioning of the landing 

gear release during an operational 

emergency. 

Because the valve lubrication performance 

is dependant on calendar time since last 

valve operation, SAAB has revised the check 

to cycle the emergency release handle 5 times 

and amended the interval in MRB section F 

from 5,000 FH [flight hours] to every 2 years. 

For the reasons described above, this 

Airworthiness Directive (AD) requires a 

functional check [for discrepancies, (e.g., 

landing gear does not extend, does not lock 

in down position)] of the landing gear 

emergency extension valve at the newly 

established intervals. 

Malfunction of the landing gear release 

could cause failure of the landing gear 

to extend and lock in the extended 

position, which could result in a gear up 

landing and reduced controllability of 

the airplane on the ground. The 

corrective action for any discrepancy 

that is found is repair using a method 

approved by either the FAA or the 

EASA (or its delegated agent). You may 

obtain further information by examining 

the MCAI in the AD docket. 

Relevant Service Information 

SAAB has issued Service Bulletin 

340–32–136, dated January 9, 2008. 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 another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 218 products of U.S. 

registry. We also estimate that it would 

take about 4 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$69,760, or $320 per product. 

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 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 


ebenthall on PROD1PC60 with PROPOSALS
Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 56767 

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: 

Saab Aircraft AB: Docket No. FAA–2008– 

1044; Directorate Identifier 2008–NM– 

095–AD. 

Comments Due Date 

(a) We must receive comments by October 

30, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Saab Model SAABFairchild SF340A (SAAB/SF340A) and 

SAAB 340B airplanes, all serial numbers, 

certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing Gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Several landing gear emergency extension 

valves have been found seized when 

performing checks according to the SAAB 

340 Maintenance Review Board (MRB) 

Report, Section F (Airworthiness Limitation 

Section) task number 323106. The valves 

have seized due to lack of internal 

lubrication. This condition, if not corrected, 

could result in malfunctioning of the landing 

gear release during an operational 

emergency. 

Because the valve lubrication performance 

is dependant on calendar time since last 

valve operation, SAAB has revised the check 

to cycle the emergency release handle 5 times 

and amended the interval in MRB section F 

from 5,000 FH [flight hours] to every 2 years. 

For the reasons described above, this 

Airworthiness Directive (AD) requires a 

functional check [for discrepancies, (e.g., 

landing gear does not extend, does not lock 

in down position)] of the landing gear 

emergency extension valve at the newly 

established intervals. 

Malfunction of the landing gear release 

could cause failure of the landing gear to 

extend and lock in the extended position, 

which could result in a gear up landing and 

reduced controllability of the airplane on the 

ground. The corrective action for any 

discrepancy that is found is repair using a 

method approved by either the FAA or the 

European Aviation Safety Agency (EASA) (or 

its delegated agent). 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 6 months after the effective date 

of this AD, do a functional check of the 

landing gear emergency extension valve in 

accordance with the Accomplishment 

Instructions of Saab Service Bulletin 340–32– 

136, dated January 9, 2008. Repeat the 

functional check thereafter at intervals not to 

exceed 24 months. 

(2) If any discrepancy is found during any 

functional check required by paragraph (f)(1) 

of this AD, before further flight, repair using 

a method approved by either the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the European 

Aviation Safety Agency (EASA) (or its 

delegated agent). 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: Although 

the MCAI includes a note that allows the 

option of the repetitive inspections to be 

accomplished in accordance with SAAB 340 

MRB Report, Section F, Revision 6, task 

number 323106, this AD does not include 

that option. That document is not yet 

available. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Shahrahm 

Daneshmandi, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 227–1112; fax (425) 

227–1149. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI EASA Airworthiness 

Directive 2008–0054 dated March 5, 2008, 

and SAAB Service Bulletin 340–32–136, 

dated January 9, 2008, for related 

information. 

Issued in Renton, Washington, on 

September 20, 2008. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–22915 Filed 9–29–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

31 CFR Part 50 

RIN 1505—AB92 

Terrorism Risk Insurance Program; 

Cap on Annual Liability 

AGENCY: Departmental Offices, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of the 

Treasury (‘‘Treasury’’) is issuing this 

proposed rule as part of its 

implementation of Title I of the 

Terrorism Risk Insurance Act of 2002 

(‘‘TRIA’’ or ‘‘the Act’’), as amended by 

the Terrorism Risk Insurance Program 

Reauthorization Act of 2007 

(‘‘Reauthorization Act’’). The Act 

established a temporary Terrorism Risk 

Insurance Program (‘‘TRIP’’ or 

‘‘Program’’) under which the Federal 

Government would share with 

commercial property and casualty 

insurers the risk of insured losses from 

certified acts of terrorism. The 

Reauthorization Act has now extended 

the Program until December 31, 2014. 

This proposed rule is the latest in a 

series of regulations Treasury has issued 

to implement the Act. The proposed 

rule incorporates and implements 

statutory requirements in section 103(e) 

of the Act, as amended by the 

Reauthorization Act, for capping the 

annual liability for insured losses at 

$100 billion. In particular, the proposed 

rule describes how Treasury intends to 

determine the pro rata share of insured 

losses under the Program when insured 

losses would otherwise exceed the cap 

on annual liability. The rule builds 

upon previous rules issued by Treasury. 

DATES: Written comments must be 

submitted on or before October 30, 

2008. 

ADDRESSES: Submit comments 

electronically through the Federal 

eRulemaking Portal: http:// 

www.regulations.gov, or by mail (if hard 

copy, preferably an original and two 

copies) to: Terrorism Risk Insurance 


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