Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Proposed Rules 23129 

AMS has reviewed all comments and 

we note that improvements in packaging 

for table grapes have occurred. 

Nonetheless, there were conflicting 

comments received that specifically 

raised questions regarding: (1) 

Marketability and subsequent shrink, 

due to changes in packaging; and (2) the 

effect this proposed rule would have on 

individual businesses. Further, we note 

that there is a lack of independent data 

available to clarify these issues. In such 

circumstances, there continues to be no 

clear consensus among industry 

segments to support a proposed rule. 

Accordingly AMS will not proceed with 

this action. However, AMS will 

continue to work with the industry to 

revise the current U.S. Grade standards 

to better reflect the current marketing of 

this and other agricultural products. 

Authority: 7 U.S.C. 1621–1627. 

Dated: May 12, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–11491 Filed 5–15–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0545; Directorate 

Identifier 2008–NE–16–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dowty 

Propellers Models R354/4–123–F/13, 

R354/4–123–F/20, R375/4–123–F/21, 

R389/4–123–F/25, R389/4–123–F/26, 

and R390/4–123–F/27 Propellers 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of the comment period. 

SUMMARY: This supplemental NPRM 

revises an earlier proposed 

airworthiness directive (AD), applicable 

to Dowty Propellers Models R354/4– 

123–F/13, R354/4–123–F/20, R375/4– 

123–F/21, R389/4–123–F/25, R389/4– 

123–F/26, and R390/4–123–F/27 

propellers. That proposed AD would 

have required initial and repetitive 

visual inspections of propeller blade 

root outer sleeves for cracks, and 

removal before further flight of propeller 

blades with cracked blade root outer 

sleeves. That proposed AD resulted 

from mandatory continuing 

airworthiness information (MCAI) 

issued by the European Aviation Safety 

Agency (EASA) to identify and correct 

an unsafe condition on certain Dowty 

propellers. This supplemental NPRM 

revises the proposed AD to correct the 

listing of propeller models affected. This 

supplemental NPRM results from the 

discovery that we need to correct one of 

the propeller model numbers affected, 

and to remove an erroneous propeller 

model number. We are proposing this 

AD to prevent blade counterweight 

release, which could result in injury or 

damage to the airplane. The MCAI 

describes the unsafe condition as: 

A number of propeller blade outer sleeves 

have been found with cracks since 1996. 

Testing has shown that blade retention 

integrity is not affected by this cracking. 

However, this condition, if not detected and 

corrected, can lead to blade counterweight 

release, possibly resulting in damage to the 

aircraft and injury to occupants or persons on 

the ground. 

We are proposing this AD to prevent 

blade counterweight release, which 

could result in injury or damage to the 

airplane. 

DATES: We must receive comments on 

this proposed AD by June 17, 2009. 

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: 

Terry Fahr, Aerospace Engineer, Boston 

Aircraft Certification Office, FAA, 

Engine and Propeller Directorate, 12 

New England Executive Park, 

Burlington, MA 01803; e-mail: 

terrance.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 about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–0545; Directorate Identifier 

2008–NE–16–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 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD 2008– 

0033, dated February 19, 2008, to 

correct an unsafe condition for the 

specified products. The EASA AD 

states: 

A number of propeller blade outer sleeves 

have been found with cracks since 1996. 

Testing has shown that blade retention 

integrity is not affected by this cracking. 

However, this condition, if not detected and 

corrected, can lead to blade counterweight 

release, possibly resulting in damage to the 

aircraft and injury to occupants or persons on 

the ground. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Dowty Propellers has issued Alert 

Service Bulletin No. SF340–61–A106, 

Revision 1, dated March 20, 2008. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 


cprice-sewell on PRODPC61 with PROPOSALS
23130 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Proposed Rules 

FAA’s Determination and Requirements 

of This Proposed 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 proposing this AD 

because we evaluated all information 

provided by EASA and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. This Supplemental 

NPRM requires initial and repetitive 

visual inspections of propeller blade 

root outer sleeves for cracks, and 

removal before further flight of propeller 

blades with cracked blade root outer 

sleeves. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received on 

the original NPRM. 

Request to Reference the Latest Service 

Bulletin 

One commenter, Colgan Air, requests 

that we reference the latest service 

bulletin, which is Dowty Propellers 

Alert Service Bulletin No. SF340–61– 

A106, Revision 1, dated March 20, 2008. 

We agree and changed that reference 

in this Supplemental NPRM. 

Request to Clarify Airplane 

Manufacturer 

One commenter, SAAB AB, SAAB 

Aerosystems, requests that we clarify 

that ‘‘340B airplanes’’ should be referred 

to as ‘‘SAAB 340B airplanes’’. 

We agree and clarified that reference 

in this Supplemental NPRM. 

Need To Correct the Listing of Propeller 

Models Affected 

We discovered the need to correct the 

listing of the propeller models affected 

that was included in the original NPRM 

published in the Federal Register on 

June 30, 2008 (73 FR 36819). That 

listing, which is Dowty Propellers 

models R354/4–123–F/13, R354/4–123– 

F/20, R354/4–123–F/21, R375/4–123–F/ 

21, R389/4–123–F/25, R354/4–123–F/ 

26, and R390/4–123–F/27 propellers, is 

changed in this Supplemental NPRM to 

Dowty Propellers Models R354/4–123– 

F/13, R354/4–123–F/20, R375/4–123–F/ 

21, R389/4–123–F/25, R389/4–123–F/ 

26, and R390/4–123–F/27 propellers. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require making the 

changes described previously. We 

determined that these changes will not 

increase the economic burden on any 

operator or increase the scope of the 

Supplemental NPRM. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 292 propellers installed on 

airplanes of U.S. registry. We also 

estimate that it would take 0.5 workhour per propeller to visually inspect 

for cracks. 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 $11,680. 

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 

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: 

Dowty Propellers: Docket No. FAA–2008– 

0545; Directorate Identifier 2008–NE– 

16–AD. 

Comments Due Date 

(a) We must receive comments by June 17, 

2009. 

Affected Airworthiness Directives (ADs) 

(b) None. 

Applicability 

(c) This AD applies to Dowty Propellers 

Models R354/4–123–F/13, R354/4–123–F/20, 

R375/4–123–F/21, R389/4–123–F/25, R389/ 

4–123–F/26, and R390/4–123–F/27 

propellers. These propellers are installed on, 

but not limited to, Saab AB, Saab 

Aerosystems SF340A and SAAB SF340B 

airplanes. 

Reason 

(d) European Aviation Safety Agency 

(EASA) AD No. 2008–0033, dated February 

19, 2008, states: 

A number of propeller blade outer sleeves 

have been found with cracks since 1996. 

Testing has shown that blade retention 

integrity is not affected by this cracking. 

However, this condition, if not detected and 

corrected, can lead to blade counterweight 

release, possibly resulting in damage to the 

aircraft and injury to occupants or persons on 

the ground. 

This AD requires initial and repetitive 

visual inspections of propeller blade root 

outer sleeves for cracks, and removal before 

further flight of propeller blades with cracked 

blade root outer sleeves. We are issuing this 

AD to prevent blade counterweight release, 

which could result in injury or damage to the 

airplane. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Proposed Rules 23131 

Propeller Blade Root Outer Sleeve Visual 

Inspections 

(1) At the next 1,600 flight hours (FH) 

aircraft check after the effective date of this 

AD, or, after any blade accumulates 15,000 

FH time-in-service, whichever occurs later, 

visually inspect all propeller blade root outer 

sleeves for cracks. 

(2) Thereafter, at intervals not to exceed 

1,600 FH, visually inspect all propeller blade 

root outer sleeves for cracks. 

(3) Before further flight, remove any 

propeller blades found with cracked root 

outer sleeves during the visual inspections in 

paragraphs (e)(1) and (e)(2) of this AD. 

FAA AD Differences 

(f) None. 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Boston Aircraft 

Certification Office, FAA, Engine and 

Propeller Directorate, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Related Information 

(h) Refer to European Aviation Safety 

Agency AD 2008–0033, dated February 19, 

2008, and Dowty Propellers Alert Service 

Bulletin No. SF340–61–A106, Revision 1, 

dated March 20, 2008, for related 

information. 

(i) 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 

May 8, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–11423 Filed 5–15–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0545; Directorate 

Identifier 2008–NE–16–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dowty 

Propellers Models R354/4–123–F/13, 

R354/4–123–F/20, R375/4–123–F/21, 

R389/4–123–F/25, R389/4–123–F/26, 

and R390/4–123–F/27 Propellers 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of the comment period. 

SUMMARY: This supplemental NPRM 

revises an earlier proposed 

airworthiness directive (AD), applicable 

to Dowty Propellers Models R354/4– 

123–F/13, R354/4–123–F/20, R375/4– 

123–F/21, R389/4–123–F/25, R389/4– 

123–F/26, and R390/4–123–F/27 

propellers. That proposed AD would 

have required initial and repetitive 

visual inspections of propeller blade 

root outer sleeves for cracks, and 

removal before further flight of propeller 

blades with cracked blade root outer 

sleeves. That proposed AD resulted 

from mandatory continuing 

airworthiness information (MCAI) 

issued by the European Aviation Safety 

Agency (EASA) to identify and correct 

an unsafe condition on certain Dowty 

propellers. This supplemental NPRM 

revises the proposed AD to correct the 

listing of propeller models affected. This 

supplemental NPRM results from the 

discovery that we need to correct one of 

the propeller model numbers affected, 

and to remove an erroneous propeller 

model number. We are proposing this 

AD to prevent blade counterweight 

release, which could result in injury or 

damage to the airplane. The MCAI 

describes the unsafe condition as: 

A number of propeller blade outer sleeves 

have been found with cracks since 1996. 

Testing has shown that blade retention 

integrity is not affected by this cracking. 

However, this condition, if not detected and 

corrected, can lead to blade counterweight 

release, possibly resulting in damage to the 

aircraft and injury to occupants or persons on 

the ground. 

We are proposing this AD to prevent 

blade counterweight release, which 

could result in injury or damage to the 

airplane. 

DATES: We must receive comments on 

this proposed AD by June 17, 2009. 

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: 

Terry Fahr, Aerospace Engineer, Boston 

Aircraft Certification Office, FAA, 

Engine and Propeller Directorate, 12 

New England Executive Park, 

Burlington, MA 01803; e-mail: 

terrance.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 about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–0545; Directorate Identifier 

2008–NE–16–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 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD 2008– 

0033, dated February 19, 2008, to 

correct an unsafe condition for the 

specified products. The EASA AD 

states: 

A number of propeller blade outer sleeves 

have been found with cracks since 1996. 

Testing has shown that blade retention 

integrity is not affected by this cracking. 

However, this condition, if not detected and 

corrected, can lead to blade counterweight 

release, possibly resulting in damage to the 


cprice-sewell on PRODPC61 with PROPOSALS