61346 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

Issued in Kansas City, Missouri. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E8–24137 Filed 10–15–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1088; Directorate 

Identifier 2008–NE–15–AD; Amendment 39– 

15691; AD 2008–21–07] 

RIN 2120–AA64 

Airworthiness Directives; Dowty 

Propellers R408 Series Propellers 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This 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: 

Three in-service propellers have been 

found to have blades which have lost 

the bonded metallic leading edge guard. 

If the leading edge guard comes off as 

the propeller turns, it could cause 

secondary damage to aircraft or injury to 

personnel. For the reasons described 

above, EASA issued Emergency AD 

2007–0223–E to require repetitive 

inspections of the blade Leading Edge 

(L/E) guards for correct bonding until 

they accumulate more than 1,200 flight 

hours (FH) time in service. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI, which 

could result in the loss of the bonded 

metallic leading edge guard, and could 

result in damage to the airplane or 

injury to personnel. 

DATES: This AD becomes effective 

October 31, 2008. 

We must receive comments on this 

AD by November 17, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of Dowty Propellers Alert Service 

Bulletin (ASB) D8400–61–A69, dated 

August 15, 2007, and ASB D8400–61– 

A69, Revision 1, dated September 18, 

2007, listed in the AD as of October 31, 

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: 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 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: 

Terry Fahr, Aerospace Engineer, Boston 

Aircraft Certification Office, FAA, 

Engine & 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: 

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 2007–0223 R2, 

dated October 26, 2007, (referred to after 

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

condition for the specified products. 

The MCAI states: 

Three in-service propellers have been 

found to have blades which have lost the 

bonded metallic leading edge guard. If the 

leading edge guard comes off as the propeller 

turns, it could cause secondary damage to 

aircraft or injury to personnel. 

For the reasons described above, 

EASA issued Emergency AD 2007– 

0223–E to require repetitive inspections 

of the blade Leading Edge (L/E) guards 

for correct bonding until they 

accumulate more than 1,200 FH time in 

service. Revision 1 of this AD was 

issued to clarify the required 

inspections and follow-up actions 

depending on findings and to make 

reference to the latest Dowty Alert 

Service Bulletin (ASB) revision. 

This AD has been further revised for 

clarification, specifying that blades repaired 

at the tip are only allowed to continue up to 

500 hours in service after repair. This 

limitation was already in the Dowty ASB and 

the Note is added to the AD to avoid the 

impression that the AD does not require the 

same limitation. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Dowty Propellers has issued Alert 

Service Bulletins D8400–61–A69, dated 

August 15, 2007; and Revision 1, dated 

September 18, 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 AD 

This product has been approved by 

the aviation authority of the United 

Kingdom, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the United 

Kingdom, they have notified us of the 

unsafe condition described in the MCAI 

and service information referenced 

above. We are issuing this AD because 

we evaluated all information provided 

by the United Kingdom and determined 

the unsafe condition exists and is likely 

to exist or develop on other products of 

the same type design. 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because the required compliance 

time to detect the unsafe condition is 

too short for public comment. Therefore, 

we determined that notice and 

opportunity for public comment before 

issuing this AD are impracticable and 

that good cause exists for making this 

amendment effective in fewer than 30 

days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2008–1088; 

Directorate Identifier 2008–NE–15–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 61347 

this AD. We will consider all comments 

received by the closing date and may 

amend this 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 AD. 

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 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 this 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. 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 AD and placed it in the AD docket. 

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 FAA 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 adding 

the following new AD: 

2008–21–07 Dowty Propellers (Formerly 

Dowty Aerospace Propellers): 

Amendment 39–15691; Docket No. 

FAA–2008–1088; Directorate Identifier 

2008–NE–15–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 31, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Dowty Propellers 

model R408/6–123–F/17 propellers with 

blades, part numbers (P/Ns) 697071200–18, 

697071210–18, 697071227–18, 697071240– 

18, 697071245–18, or 697071257–18, 

installed. These propellers are installed on, 

but not limited to, Bombardier, Inc. (formerly 

de Havilland Canada) models DHC–8–400, 

DHC–8–401, and DHC–8–402 series 

airplanes. 

Reason 

(d) Three in-service propellers have been 

found to have blades which have lost the 

bonded metallic leading edge guard. If the 

leading edge guard comes off as the propeller 

turns, it could cause secondary damage to 

aircraft or injury to personnel. For the 

reasons described above, EASA issued 

Emergency AD 2007–0223–E to require 

repetitive inspections of the blade Leading 

Edge (L/E) guards for correct bonding until 

they accumulate more than 1,200 flight hours 

(FH) time in service. 

This AD requires actions that are intended 

to address the unsafe condition described in 

the MCAI, which could result in the loss of 

the bonded metallic leading edge guard, 

which could result in damage to the airplane 

or injury to personnel. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

(1) Within the next 50 FH or within 1 

month after the effective date of this AD, 

whichever occurs first, inspect all the 

concerned blade assemblies where the 

bonded metallic L/E guard has accumulated 

1,200 FH or less since installation, in 

accordance with the instructions of Dowty 

Propellers ASB No. D8400–61–A69; 

(2) Within 50 FH or 1 month after 

installing a replacement blade, inspect the 

concerned blade assembly where the bonded 

metallic L/E guard has accumulated 1,200 FH 

or less since installation, in accordance with 

the instructions of Dowty Propellers ASB No. 

D8400–61–A69; 

(3) After the inspection as required by 

paragraph (1) or (2) of this AD, as applicable, 

at intervals not to exceed 100 FH, repeat the 

inspection of the concerned blade assemblies 

in accordance with the instructions of Dowty 

Propellers ASB No. D8400–61–A69 until the 

bonded blade L/E guard has accumulated 

more than 1,200 FH since installation; 

(4) When, during any of the inspections as 

required by paragraphs (1), (2) or (3) of this 

AD, disbonding is found, apply the criteria 

as indicated in Appendix A of Dowty 

Propellers ASB No. D8400–61–A69 Revision 

1 and, within the associated time period, 

repair or replace the affected blade assembly, 

as necessary, in accordance with the 

instructions of Dowty Propellers ASB No. 

D8400–61–A69 Revision 1. 

(f) Blades that have been repaired within 

the first 101.6 mm (4.0 inches) of the tip of 

the blade as specified in Appendix D of the 

referenced ASB are allowed to continue in 

service for another 500 FH after 

accomplishment of the repair. Repair does 

not terminate the repetitive inspection 

requirements of paragraph (e)(3) of this 

directive. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Boston Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

(2) Special Flight Permits: We are 

prohibiting special flight permits. 

Related Information 

(h) Refer to MCAI Airworthiness Directive 

2007–0223, Revision 2, dated October 26, 

2007, and Dowty Propellers Alert Service 

Bulletin (ASB) D8400–61–A69, dated August 

15, 2007 or Revision 1, dated September 18, 

2007, for related information. 

(i) Contact Terry Fahr, Aerospace Engineer, 

Boston Aircraft Certification Office, FAA, 

Engine & 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. 

Material Incorporated by Reference 

(j) You must use the service information 

specified in Table 1 of this AD to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Dowty Propellers, Anson 

Business Park, Cheltenham Road East, 

Gloucester GL2 9QN, UK; Telephone 44 (0) 

1452 716000; fax 44 (0) 1452 716001. 

(3) You may review copies at the FAA, 

New England Region, 12 New England 

Executive Park, Burlington, MA; or at the 

National Archives and Records 


rwilkins on PROD1PC63 with NOTICES
61348 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

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/cfr/ibrlocations.html. 

TABLE 1—MATERIAL INCORPORATED BY REFERENCE

Alert Service Bulletin No. Page Revision Date 

D8400–61–A69, Total Pages—4 ..................................................... 1 ................................ 1 ................................ September 18, 2007. 

2 ................................ Original ..................... August 15, 2007. 

3 ................................ 1 ................................ September 18, 2007. 

4 ................................ Original ..................... August 15, 2007. 

D8400–61–A69, Appendix A, Total Pages—4 ................................ 1 ................................ 1 ................................ September 18, 2007. 

2 to 4 ........................ Original ..................... August 15, 2007. 

D8400–61–A69, Appendix B, Total Pages—1 ................................ All .............................. Original ..................... August 15, 2007. 

D8400–61–A69, Appendix C, Total Pages—3 ................................ All .............................. Original ..................... August 15, 2007. 

D8400–61–A69, Appendix D, Total Pages—2 ................................ All .............................. 1 ................................ September 18, 2007. 

Issued in Burlington, Massachusetts, on 

October 3, 2008. 

Thomas A. Boudreau, 

Acting Assistant Manager, Engine and 

Propeller Directorate, Aircraft Certification 

Service. 

[FR Doc. E8–24252 Filed 10–15–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30631; Amdt. No 3290] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective October 16, 

2008. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of October 16, 

2008. 

ADDRESSES: Availability of matters 

incorporated by reference in the 

amendment is as follows: 

For Examination— 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169 or, 

4. 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. 

Availability—All SIAPs and Takeoff 

Minimums and ODPs are available 

online free of charge. Visit http:// 

www.nfdc.faa.gov to register. 

Additionally, individual SIAP and 

Takeoff Minimums and ODP copies may 

be obtained from: 

1. FAA Public Inquiry Center (APA– 

200), FAA HeadquartersBuilding, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

FOR FURTHER INFORMATION CONTACT: 

Harry J. Hodges, Flight Procedure 

Standards Branch (AFS–420), Flight 

Technologies andPrograms Divisions, 

Flight Standards Service, Federal 

AviationAdministration, Mike 

Monroney Aeronautical Center, 6500 

SouthMacArthur Blvd. Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125) 

Telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This rule 

amends Title 14 of the Code of Federal 

Regulations, Part 97 (14 CFR part 97), by 

establishing, amending, suspending, or 

revoking SIAPS, TakeoffMinimums and/ 

or ODPS. The complete regulators’ 

description of each SIAP and its 

associated Takeoff Minimums or ODP 

for an identified airport is listed on FAA 

form documents which are incorporated 

by reference in this amendment under 5 

U.S.C.552(a), 1 CFR part 51, and 14 CFR 

part 97.20. The applicable FAAForms 

are FAA Forms 8260–3, 8260–4, 8260– 

5, 8260–15A, and 8260–15B when 

required by an entry on 8260–15A. 

The large number of SIAPs, Takeoff 

Minimums and ODPs, in addition to 

their complex nature and the need for 

a special format make publication in the 

Federal Register expensive and 

impractical. Furthermore, airmen do not 

use the regulatory text of the SIAPs, 

Takeoff Minimums or ODPs, but instead 

refer to their depiction on charts printed 

by publishers of aeronautical materials. 

The advantages of incorporation by 

reference are realized and publication of 

the complete description of each SIAP, 

Takeoff Minimums and ODP listed on 

FAA forms is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the types of SIAPs 

and the effective dates of the associated 

Takeoff Minimums and ODPs. This 

amendment also identifies the airport 

and its location, the procedure, and the 

amendment number. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP, Takeoff Minimums and 

ODP as contained in the transmittal. 

Some SIAP and Takeoff Minimums and 

textual ODP amendments may have 

been issued previously by the FAA in a 

Flight Data Center (FDC) Notice to 

Airmen (NOTAM) as an emergency 

action of immediate flight safety relating 

directly to published aeronautical 


rwilkins on PROD1PC63 with NOTICES