60206 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Proposed Rules 

(3) Airbus A300 AMM Chapter 29–25–00, 

Page Block 301, dated March 1, 2006. 

Note 1: After revising the maintenance 

program to include the required periodic 

inspections according to paragraph (g) or (k) 

of this AD, operators do not need to make a 

maintenance log entry to show compliance 

with this AD every time those inspections are 

accomplished thereafter. 

Note 2: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance according 

to paragraph (l) of this AD. The request 

should include a description of changes to 

the required inspections that will ensure the 

continued damage tolerance of the affected 

structure. The FAA has provided guidance 

for this determination in Advisory Circular 

(AC) 25–1529–1. 

New Requirements of This AD 

Revised Service Bulletins 

(h) As of the effective date of this AD, use 

only the Accomplishment Instructions of 

Airbus Service Bulletin A310–57–2086, 

Revision 01, dated September 3, 2007 (for 

Model A310 series airplanes); or Airbus 

Service Bulletin A300–57–6099, Revision 01, 

dated September 3, 2007 (for Model A300– 

600 series airplanes); as applicable; to do the 

replacement required by paragraph (f) of this 

AD. 

Replacement 

(i) For airplanes identified in Table 1 of 

this AD: Before 102 months since first flight, 

or within 12 months after the effective date 

of this AD, whichever occurs later, replace 

the aluminum yoke fitting of the swivel 

coupling of the RAT with a new steel yoke 

fitting, in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A310–57–2086, Revision 01, 

dated September 3, 2007 (for Model A310 

series airplanes); or Airbus Service Bulletin 

A300–57–6099, Revision 01, dated 

September 3, 2007 (for Model A300–600 

series airplanes); as applicable. 

TABLE 1—APPLICABILITY OF PARAGRAPH (I) OF THIS AD 

Model— Except for those airplanes on which— Or on which— 

(1) A310 series airplanes equipped with Hamilton Sundstrand RAT.Airbus Modification 12986 or 19578 has been 

done in production.

Airbus Service Bulletin A310–57–2086, dated 

March 1, 2005; or Revision 01, dated September 3, 2007 has been done in service. 

(2) A300–600 series airplanes equipped with 

Hamilton Sundstrand RAT.

Airbus Modification 12986 or 19578 has been 

done in production.

Airbus Service Bulletin A300–57–6099, dated 

February 23, 2005; or Revision 01, dated 

September 3, 2007; has been done in service. 

(j) Replacements done before the effective 

date of this AD in accordance with Airbus 

Service Bulletin A310–57–2086, dated March 

1, 2005 (for Model A310 series airplanes); or 

Airbus Service Bulletin A300–57–6099, 

dated February 23, 2005 (for Model A300– 

600 series airplane); as applicable; are 

acceptable for compliance with the 

requirements of paragraph (i) of this AD. 

Revision of FAA-Approved Maintenance 

Program 

(k) For all airplanes: Within 3 months after 

the effective date of this AD, incorporate the 

information in the applicable AMM specified 

in paragraphs (k)(1), (k)(2), and (k)(3) of this 

AD, into the FAA-approved maintenance 

program to specify an inspection for breaks 

of the bottom flange of the RAT swivel 

coupling yoke fitting after each RAT 

retraction; and replacement of the RAT 

swivel coupling yoke fitting with a new steel 

part; in accordance with a method approved 

by the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

European Aviation Safety Agency (or its 

delegated agent). The page blocks specified 

in paragraphs (k)(1), (k)(2), and (k)(3) of this 

AD, as applicable, that contain the inspection 

and replacement described previously are 

one approved method for the actions 

required by paragraph (k) of this AD. 

Thereafter, except as provided by paragraph 

(l) of this AD, no alternative inspection 

intervals may be approved for the bottom 

flange of the RAT swivel coupling yoke 

fitting. Accomplishing this incorporation 

terminates the requirements of paragraph (g) 

of this AD. 

(1) Airbus A300–600 AMM, Chapter 29– 

25–00, Page Block 301. 

(2) Airbus A310 AMM, Chapter 29–25–00, 

Page Block 301. 

(3) Airbus A300 AMM Chapter 29–25–00, 

Page Block 301. 

Alternative Methods of Compliance 

(AMOCs) 

(l) 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: Vladimir Ulyanov, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1138; 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. 

Related Information 

(m) European Aviation Safety Agency 

(EASA) airworthiness directive 2007–0273, 

dated October 23, 2007, and French 

airworthiness directive F–2005–089, dated 

June 8, 2005, also address the subject of this 

AD. 

Issued in Renton, Washington, on October 

2, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–24151 Filed 10–9–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1083; Directorate 

Identifier 2008–NM–130–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400 Series 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: 

There have been several cases reported 

where the landing gear did not retract after 

take-off. Subsequent investigation revealed 

this was caused by fatigue failure of the nose 

landing gear electrical harness. In 

conjunction with one engine being 

inoperable, this could, in certain operating 

conditions, affect continued safe flight and 

landing. 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Proposed Rules 60207 

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 November 10, 

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 

W12–40, 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: 

Wing Chan, Aerospace Engineer, 

Systems and Flight Test Branch, ANE– 

172, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7311; fax 

(516) 794–5531. 

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–2008–1083; Directorate Identifier 

2008–NM–130–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 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2008–22, 

dated June 24, 2008 (referred to after 

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

condition for the specified products. 

The MCAI states: 

There have been several cases reported 

where the landing gear did not retract after 

take-off. Subsequent investigation revealed 

this was caused by fatigue failure of the nose 

landing gear electrical harness. In 

conjunction with one engine being 

inoperable, this could, in certain operating 

conditions, affect continued safe flight and 

landing. 

This directive mandates incorporation of 

new weight-on-wheels (WOW) and steering 

harnesses that have a new conduit 

construction. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Bombardier has issued Service 

Bulletin 84–32–51, Revision ‘B,’ dated 

December 17, 2007. 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 42 products of U.S. registry. 

We also estimate that it would take 

about 13 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $0 per product. 

Where the service information lists 

required parts costs that are covered 

under warranty, we have assumed that 

there will be no charge for these costs. 

As we do not control warranty coverage 

for affected parties, some parties may 

incur costs higher than estimated here. 

Based on these figures, we estimate the 

cost of the proposed AD on U.S. 

operators to be $43,680, or $1,040 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; 


sroberts on PROD1PC70 with PROPOSALS
60208 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Proposed Rules 

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, Inc. (Formerly de Havilland, 

Inc.): Docket No. FAA–2008–1083; 

Directorate Identifier 2008–NM–130–AD. 

Comments Due Date 

(a) We must receive comments by 

November 10, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier Model 

DHC–8–400, DHC–8–401, and DHC–8–402 

airplanes, certificated in any category, Serial 

numbers 4003, 4004, 4006, and 4008 through 

4184 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing Gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

‘‘There have been several cases reported 

where the landing gear did not retract after 

take-off. Subsequent investigation revealed 

this was caused by fatigue failure of the nose 

landing gear electrical harness. In 

conjunction with one engine being 

inoperable, this could, in certain operating 

conditions, affect continued safe flight and 

landing.’’ 

‘‘This directive mandates incorporation of 

new weight-on-wheels (WOW) and steering 

harnesses that have a new conduit 

construction.’’ 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 2,500 flight hours after the 

effective date of this AD, replace the WOW 

and steering harnesses by incorporating 

Modsum 4–126401, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 84–32–51, Revision ‘B,’ 

dated December 17, 2007. 

(2) Actions done before the effective date 

of this AD in accordance with Bombardier 

Service Bulletin 84–32–51, dated August 16, 

2007, or Revision ‘A,’ dated August 22, 2007, 

are acceptable for compliance with the 

corresponding requirements of this AD. 

FAA AD Differences 

Note: 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, Systems and Flight 

Test Branch, ANE–172, 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: Wing 

Chan, Aerospace Engineer, Systems and 

Flight Test Branch, ANE–172, FAA, New 

York Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, New 

York 11590; telephone (516) 228–7311; fax 

(516) 794–5531. 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 Canadian Airworthiness 

Directive CF–2008–22, dated June 24, 2008, 

and Bombardier Service Bulletin 84–32–51, 

Revision ‘B,’ dated December 17, 2007, for 

related information. 

Issued in Renton, Washington, on October 

2, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–24161 Filed 10–9–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 54 

[REG–123829–08] 

RIN 1545–BI02 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2590 

RIN 1210–AB27 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

[CMS–4137–NC] 

45 CFR Parts 144, 146, and 148 

RIN 0938–AP37 

Request for Information Regarding 

Sections 101 Through 104 of the 

Genetic Information Nondiscrimination 

Act of 2008 

AGENCIES: Internal Revenue Service, 

Department of the Treasury; Employee 

Benefits Security Administration, 

Department of Labor; Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services. 

ACTION: Request for Information. 

SUMMARY: This document is a request for 

comments regarding issues under 

sections 101 through 104 of the Genetic 

Information Nondiscrimination Act of 

2008 (GINA). The Departments of Labor, 

Health and Human Services (HHS), and 

the Treasury (collectively, the 

Departments) have received inquiries 

from the public on a number of issues 

under these provisions and are 

welcoming public comments in advance 

of future rulemaking. 

DATES: Comments must be submitted on 

or before December 9, 2008. 

ADDRESSES: Written comments may be 

submitted to any of the addresses 

specified below. Any comment that is 

submitted to any Department will be 

shared with the other Departments. 

Please do not submit duplicates. 

Department of Labor. Comments to 

the Department of Labor by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: E–OHPSCA.EBSA@dol.gov. 

• Mail or Hand Delivery: Office of 

Health Plan Standards and Compliance 

Assistance, Employee Benefits Security 


sroberts on PROD1PC70 with PROPOSALS