FR Doc E6-18840

[Federal Register: November 9, 2006 (Volume 71, Number 217)]
[Rules and Regulations]
[Page 65716-65719]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no06-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26220; Directorate Identifier 2006-NE-40-AD;
Amendment 39-14822; AD 2006-23-10]
RIN 2120-AA64

Airworthiness Directives; Dowty Propellers R321/4-82-F/8; R324/4-
82-F/9; R333/4-82-F/12; and R334/4-82-F/13 Propellers

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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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:

One propeller blade has recently been identified after delivery
from Dowty Propellers where the blade counterweight capscrew holes
have not been correctly drilled. If the capscrew holes are not
machined to their required depth, it may appear that the capscrew
has been correctly assembled, but the counterweight will not be
properly retained. This condition, if not corrected, could result in
failure (due to fatigue) of one or more capscrews, release of the
counterweight during propeller operation and consequent risk of
injury to aircraft occupants and persons on the ground. Dowty has
concluded that the problem is associated only with blades
manufactured between April and July 2006, identified by serial
number in the applicability section of this directive.

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

[[Page 65717]]

DATES: This AD becomes effective November 24, 2006.
The Director of the Federal Register approved the incorporation by
reference of Dowty Propellers Alert Service Bulletin (ASB) No. 61-
A1133, dated October 17, 2006, and ASB No. 61-A1134, dated October 17,
2006, listed in the AD, as of November 24, 2006.
We must receive comments on this AD by December 11, 2006.

ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web Site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.
Fax: (202) 493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

Examining the AD Docket

You may examine the AD docket on the Internet at http://dms.dot.gov
; or in person at the Docket Management Facility 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
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Frank Walsh, Aerospace Engineer,
Boston Aircraft Certification Office, FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803;
telephone (781) 238-7158; fax (781) 238-7170.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.

Discussion

The European Aviation Safety Agency (EASA), which is the aviation
authority for the European community, has issued Emergency
Airworthiness Directive No. 2006-0326-E, dated October 23, 2006
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states that:

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

Dowty Propellers has issued ASB No. 61-A1133, dated October 17,
2006, and ASB No. 61-A1134, dated October 17, 2006. The actions
described in those ASBs 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 another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, 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 the information provided by the State of Design Authority
and determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

Differences Between the 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 required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over the actions copied from the MCAI.

FAA's Determination of the Effective Date

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
propeller blades have not been adequately machined to properly retain
counterweights. This condition, if not corrected, could result in
failure (due to fatigue) of one or more capscrews, release of the
counterweight during propeller operation, consequent risk of injury to
aircraft occupants and persons on the ground, and loss of control of
aircraft in flight.
We have concluded that due to the serious nature of this problem of
the limited number of blades listed in the ASBs and in the
applicability section of EASA Emergency AD No. 2006-0326-E, this AD
must be a final rule; request for comments to require identification,
inspection, and where necessary rework of the affected propeller
blades. 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-2006-26220; Directorate
Identifier 2006-NE-40-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,

[[Page 65718]]

environmental, and energy aspects of 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://dms.dot.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

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

0
2. The FAA amends Sec. 39.13 by adding the following new AD:

2006-23-10 Dowty Propellers (formerly Dowty Rotol Ltd): Amendment
39-14822. Docket No. FAA-2006-26220; Directorate Identifier 2006-NE-
40-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective November
24, 2006.

Affected ADs

(b) None.

Applicability

(c) This AD applies to Dowty Propellers R321/4-82-F/8; R324/4-
82-F/9; R333/4-82-F/12; and R334/4-82-F/13 propellers, if blades are
installed with serial numbers (SNs) A156121 through A156132; A156137
through A156160; A156165 through A156168; A156177 through A156184;
A156194; and A156196 through A156200. These propellers are known to
be installed on, but not limited to CASA 212; M7 Aerospace (formerly
Fairchild; Swearingen) SA227TT, SA227AT, and SA227AC; and BAE
Systems (formerly British Aerospace) Jetstream 3100 and 3200 series
airplanes.

Reason

(d) One propeller blade has recently been identified after
delivery from Dowty Propellers where the blade counterweight
capscrew holes have not been correctly drilled. If the capscrew
holes are not machined to their required depth, it may appear that
the capscrew has been correctly assembled, but the counterweight
will not be properly retained. This condition, if not corrected,
could result in failure (due to fatigue) of one or more capscrews,
release of the counterweight during propeller operation, and
consequent risk of injury to aircraft occupants and persons on the
ground. Dowty has concluded that the problem is associated only with
blades manufactured between April and July 2006, identified by SN in
the applicability section of this directive.

Actions and Compliance

(e) Unless already done, do the following actions.
(1) Before next flight after the effective date of this
directive, identify the propeller blades that have a SN listed in
the applicability section of this directive and inspect the affected
blades in accordance with the instructions contained in Dowty
Propellers Alert Service Bulletin (ASB) No. 61-A1133, dated October
17, 2006, and ASB No. 61-A1134, dated October 17, 2006, as
applicable.
(2) When discrepancies are found, before further flight the
counterweight attachment hole must be re-machined. Contact Dowty
Propellers for advice on re-machining the holes.
(3) After the effective date of this directive, no person may
install one of the listed SN propeller blades on an aircraft unless
the blade has been inspected and, if necessary, reworked in
accordance with the requirements of this directive.

FAA AD Differences

(f) None.

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, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19.
(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
FAA-approved 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.
(h) Special Flight Permits: We are prohibiting special flight
permits.

Related Information

(i) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Emergency Airworthiness Directive 2006-0326-E, dated
October 23, 2006.

Material Incorporated by Reference

(j) You must use the Dowty Propellers 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 GL
29QN, UK; telephone 44 (0) 1452 716000; fax 44 (0) 1452 716001.
(3) You may review copies at the FAA, New England Region, Office
of the Regional Counsel, 12 New England Executive Park, Burlington,
MA; or at 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/[fxsp0]federal-

[[Page 65719]]

Table 1.--Material Incorporated by Reference
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Dowty Propellers Alert Service
Bulletin No. Page Revision Date
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61-A1133.......................... All.................. Original............ October 17, 2006.
61-A1134.......................... All.................. Original............ October 17, 2006.
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Issued in Burlington, Massachusetts, on November 1, 2006.
Peter A. White,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E6-18840 Filed 11-8-06; 8:45 am]

BILLING CODE 4910-13-P