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Federal Register / Vol. 71, No.

12 / Thursday, January 19, 2006 / Proposed Rules 3023

TABLE 2.—AFFECTED ACTUATORS SUMMARY: The FAA proposes to adopt a the proposed AD. We will consider all
new airworthiness directive (AD) for comments received by the closing date
Manufacturer Actuator P/N certain Aerospatiale Model ATR42 and may amend the proposed AD in
airplanes and Model ATR72 airplanes. light of those comments.
(1) Messier-Bugatti ........... 4136290004 This proposed AD would require We will post all comments we
(2) Messier-Bugatti ........... 4136290005 installing protective ramps on trim
(3) Aviac ........................... 6147–6 receive, without change, to http://
(4) Artus ............................ AD8552502–1
panel 110VU; and inspecting the dms.dot.gov, including any personal
protective guard of the standby pitch information you provide. We will also
Concurrent Replacements trim switch to determine if it is missing, post a report summarizing each
damaged, or ineffective, and doing the substantive verbal contact with FAA
(g) For Messier-Bugatti actuators identified
corrective action if necessary. This personnel concerning this proposed AD.
in table 2 of this AD: Concurrently with the
applicable corrective action required by proposed AD results from a finding that Using the search function of that Web
paragraph (f) of this AD, replace the rotors on the protective guard of the standby pitch site, anyone can find and read the
both vertical and horizontal movements with trim switch, which is installed on the comments in any of our dockets,
new rotors, and replace the clutch cap with center pedestal, could be damaged or including the name of the individual
a new cap, in accordance with Messier- missing. We are proposing this AD to who sent the comment (or signed the
Bugatti Service Bulletin 4136290004–25–05 prevent inadvertent activation of the comment on behalf of an association,
or 4136290005–25–02, both dated April standby pitch trim, which could result business, labor union, etc.). You may
2005, as applicable. in pitch trim runaway and consequent review the DOT’s complete Privacy Act
Parts Installation reduced controllability of the airplane. Statement in the Federal Register
(h) After the effective date of this AD, no DATES: We must receive comments on published on April 11, 2000 (65 FR
actuator identified in table 2 of this AD may this proposed AD by February 21, 2006. 19477–78), or you may visit http://
be installed on any airplane. ADDRESSES: Use one of the following dms.dot.gov.
Alternative Methods of Compliance addresses to submit comments on this Examining the Docket
(AMOCs) proposed AD.
(i)(1) The Manager, International Branch, • DOT Docket Web site: Go to You may examine the AD docket on
ANM–116, Transport Airplane Directorate, http://dms.dot.gov and follow the the Internet at http://dms.dot.gov, or in
FAA, has the authority to approve AMOCs instructions for sending your comments person at the Docket Management
for this AD, if requested in accordance with electronically. Facility office between 9 a.m. and 5
the procedures found in 14 CFR 39.19. • Government-wide rulemaking Web p.m., Monday through Friday, except
(2) Before using any AMOC approved in site: Go to http://www.regulations.gov Federal holidays. The Docket
accordance with § 39.19 on any airplane to and follow the instructions for sending Management Facility office (telephone
which the AMOC applies, notify the your comments electronically. (800) 647–5227) is located on the plaza
appropriate principal inspector in the FAA • Mail: Docket Management Facility, level of the Nassif Building at the DOT
Flight Standards Certificate Holding District
Office.
U.S. Department of Transportation, 400 street address stated in the ADDRESSES
Seventh Street, SW., Nassif Building, section. Comments will be available in
Related Information room PL–401, Washington, DC 20590. the AD docket shortly after the Docket
(j) French airworthiness directive F–2005– • Fax: (202) 493–2251. Management System receives them.
164, issued September 28, 2005, also • Hand Delivery: Room PL–401 on
addresses the subject of this AD. the plaza level of the Nassif Building, Discussion
Issued in Renton, Washington, on January 400 Seventh Street, SW., Washington, The Direction Générale de l’Aviation
10, 2006. DC, between 9 a.m. and 5 p.m., Monday Civile (DGAC), which is the
Ali Bahrami, through Friday, except Federal holidays. airworthiness authority for France,
Manager, Transport Airplane Directorate, Contact Aerospatiale, 316 Route de notified us that an unsafe condition may
Aircraft Certification Service. Bayonne, 31060 Toulouse, Cedex 03, exist on certain Aerospatiale Model
[FR Doc. E6–532 Filed 1–18–06; 8:45 am] France, for service information ATR42 and Model ATR72 airplanes.
identified in this proposed AD. The DGAC advises that the protective
BILLING CODE 4910–13–P
FOR FURTHER INFORMATION CONTACT: Dan guard of the standby pitch trim switch
Rodina, Aerospace Engineer, (18CG), which is installed on the center
DEPARTMENT OF TRANSPORTATION International Branch, ANM–116, FAA, pedestal, could be damaged or missing.
Transport Airplane Directorate, 1601 In some cases, a damaged protective
Federal Aviation Administration Lind Avenue, SW., Renton, Washington guard, even if engaged, may not prevent
98055–4056; telephone (425) 227–2125; inadvertent activation of the standby
14 CFR Part 39 fax (425) 227–1149. pitch trim. This condition, if not
[Docket No. FAA–2006–23635; Directorate SUPPLEMENTARY INFORMATION: corrected, could result in pitch trim
Identifier 2005–NM–245–AD] runaway and consequent reduced
Comments Invited controllability of the airplane.
RIN 2120–AA64 We invite you to submit any relevant
Relevant Service Information
written data, views, or arguments
Airworthiness Directives; Aerospatiale regarding this proposed AD. Send your Aerospatiale has issued Avions de
Model ATR42 Airplanes and Model comments to an address listed in the Transport Regional Service Bulletin
ATR72 Airplanes
hsrobinson on PROD1PC70 with PROPOSALS

ADDRESSES section. Include the docket ATR42–92–0010, Revision 1, dated


AGENCY: Federal Aviation number ‘‘FAA–2006–23635; Directorate March 11, 2003 (for Model ATR42
Administration (FAA), Department of Identifier 2005–NM–245–AD’’ at the airplanes); and Service Bulletin ATR72–
Transportation (DOT). beginning of your comments. We 92–1010, Revision 1, dated March 11,
ACTION: Notice of proposed rulemaking
specifically invite comments on the 2003 (for Model ATR72 airplanes). The
(NPRM). overall regulatory, economic, service bulletins describe the following
environmental, and energy aspects of procedures:

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3024 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Proposed Rules

• Installing protective ramps on trim U.S. operators is $36,570, or $530 per PART 39—AIRWORTHINESS
panel 110VU. airplane. DIRECTIVES
• Checking the protective guard of the Authority for This Rulemaking 1. The authority citation for part 39
standby pitch trim switch (18CG) to
Title 49 of the United States Code continues to read as follows:
determine if it is missing, damaged, or
ineffective. (The protective guard is specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701.
ineffective if there is trim movement rules on aviation safety. Subtitle I, § 39.13 [Amended]
when the protective guard is engaged Section 106, describes the authority of
the FAA Administrator. Subtitle VII, 2. The Federal Aviation
and the standby pitch trim switch is
Aviation Programs, describes in more Administration (FAA) amends § 39.13
activated.)
by adding the following new
• Doing the corrective action if detail the scope of the Agency’s
authority. airworthiness directive (AD):
necessary, which includes replacing a
damaged or ineffective protective guard We are issuing this rulemaking under Aerospatiale: Docket No. FAA–2006–23635;
with a new part or installing a new part Directorate Identifier 2005–NM–245–AD.
the authority described in Subtitle VII,
if the protective guard is missing. Part A, Subpart III, Section 44701, Comments Due Date
Accomplishing the actions specified ‘‘General requirements.’’ Under that (a) The FAA must receive comments on
in the service information is intended to section, Congress charges the FAA with this AD action by February 21, 2006.
adequately address the unsafe promoting safe flight of civil aircraft in Affected ADs
condition. The DGAC mandated the air commerce by prescribing regulations
service information and issued French for practices, methods, and procedures (b) None.
airworthiness directive 2003–106(B) R1, the Administrator finds necessary for Applicability
dated April 16, 2003, to ensure the safety in air commerce. This regulation (c) This AD applies to Aerospatiale Model
continued airworthiness of these is within the scope of that authority ATR42–200, –300, –320, and –500 airplanes
airplanes in France. because it addresses an unsafe condition and Model ATR72–101, –201, –102, –202,
that is likely to exist or develop on –211, –212, and –212A airplanes, certificated
FAA’s Determination and Requirements in any category; except those on which
products identified in this rulemaking
of the Proposed AD Airbus Modification 5450 has been
action.
These airplane models are incorporated in production.
Regulatory Findings
manufactured in France and are type Unsafe Condition
certificated for operation in the United We have determined that this (d) This AD results from a finding that the
States under the provisions of section proposed AD would not have federalism protective guard of the standby pitch trim
21.29 of the Federal Aviation implications under Executive Order switch, which is installed on the center
Regulations (14 CFR 21.29) and the 13132. This proposed AD would not pedestal, could be damaged or missing. We
applicable bilateral airworthiness have a substantial direct effect on the are issuing this AD to prevent inadvertent
agreement. Pursuant to this bilateral States, on the relationship between the activation of the standby pitch trim, which
airworthiness agreement, the DGAC has could result in pitch trim runaway and
national Government and the States, or consequent reduced controllability of the
kept the FAA informed of the situation on the distribution of power and airplane.
described above. We have examined the responsibilities among the various
DGAC’s findings, evaluated all pertinent levels of government. Compliance
information, and determined that we For the reasons discussed above, I (e) You are responsible for having the
need to issue an AD for airplanes of this certify that the proposed regulation: actions required by this AD performed within
type design that are certificated for the compliance times specified, unless the
1. Is not a ‘‘significant regulatory actions have already been done.
operation in the United States. action’’ under Executive Order 12866;
Therefore, we are proposing this AD, Installation, Inspection, and Corrective
2. Is not a ‘‘significant rule’’ under the
which would require accomplishing the Action if Necessary
DOT Regulatory Policies and Procedures
actions specified in the service (f) Within 4 months after the effective date
(44 FR 11034, February 26, 1979); and
information described previously, of this AD: Install protective ramps on trim
except as discussed under ‘‘Clarification 3. Will not have a significant panel 110VU; and do a general visual
of Inspection Terminology.’’ economic impact, positive or negative, inspection of the protective guard of the
on a substantial number of small entities standby pitch trim switch (18CG) to
Clarification of Inspection Terminology under the criteria of the Regulatory determine if it is missing, damaged, or
Flexibility Act. ineffective, and do the corrective action if
The ‘‘check’’ of the protective guard
We prepared a regulatory evaluation applicable; by accomplishing all the
specified in the Aerospatiale service applicable actions specified in the
bulletins is referred to as a ‘‘general of the estimated costs to comply with Accomplishment Instructions of Avions de
visual inspection’’ in this proposed AD. this proposed AD and placed it in the Transport Regional Service Bulletin ATR42–
We have included the definition for a AD docket. See the ADDRESSES section 92–0010, Revision 1, dated March 11, 2003
general visual inspection in a note in for a location to examine the regulatory (for Model ATR42 airplanes); or Avions de
this proposed AD. evaluation. Transport Regional Service Bulletin ATR72–
92–1010, Revision 1, dated March 11, 2003
Costs of Compliance List of Subjects in 14 CFR Part 39 (for Model ATR72 airplanes), as applicable.
This proposed AD would affect about Air transportation, Aircraft, Aviation The corrective action, if required, must be
done before further flight after the inspection.
hsrobinson on PROD1PC70 with PROPOSALS

69 airplanes of U.S. registry. The safety, Safety.


proposed actions would take about 1 Note 1: For the purposes of this AD, a
The Proposed Amendment general visual inspection is: ‘‘A visual
work hour per airplane, at an average examination of an interior or exterior area,
labor rate of $65 per work hour. Accordingly, under the authority installation, or assembly to detect obvious
Required parts would cost about $465 delegated to me by the Administrator, damage, failure, or irregularity. This level of
per airplane. Based on these figures, the the FAA proposes to amend 14 CFR part inspection is made from within touching
estimated cost of the proposed AD for 39 as follows: distance unless otherwise specified. A mirror

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Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Proposed Rules 3025

may be necessary to ensure visual access to Management Division (CGD01–05–101), accordance with 33 U.S.C. 471. In
all surfaces in the inspection area. This level Coast Guard Sector New York, 212 Coast accordance with that statute, vessels
of inspection is made under normally Guard Drive, room 321, Staten Island, will not be required to sound signals or
available lighting conditions such as
New York 10305. The Waterways exhibit anchor lights or shapes which
daylight, hangar lighting, flashlight, or
droplight and may require removal or Management Division of Coast Guard are otherwise required by rule 30 and 35
opening of access panels or doors. Stands, Sector New York maintains the public of the Inland Navigation Rules, codified
ladders, or platforms may be required to gain docket for this rulemaking. Comments at 33 U.S.C. 2030 and 2035. The
proximity to the area being checked.’’ and material received from the public, proposed special anchorage area will be
as well as documents indicated in this located on the west side of the Hudson
Alternative Methods of Compliance preamble as being available in the River about 1,800 yards south of
(AMOCs)
docket, will become part of this docket Bowline Point, well removed from the
(g)(1) The Manager, International Branch, and will be available for inspection or channel and located where general
ANM–116, Transport Airplane Directorate, copying at room 321, Coast Guard navigation will not endanger or be
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with Sector New York, between 8 a.m. and 3 endangered by unlighted vessels.
the procedures found in 14 CFR 39.19. p.m., Monday through Friday, except Providing anchorage well removed from
(2) Before using any AMOC approved in Federal holidays. the channel and general navigation
accordance with § 39.19 on any airplane to FOR FURTHER INFORMATION CONTACT: would greatly increase navigational
which the AMOC applies, notify the Lieutenant Commander M. McBrady, safety.
appropriate principal inspector in the FAA Waterways Management Division, Coast This special anchorage area is part of
Flight Standards Certificate Holding District a waterfront revitalization project
Guard Sector New York at (718) 354–
Office. authorized under U.S. Army Corps of
2353.
Related Information Engineers permit number 2004–00596–
SUPPLEMENTARY INFORMATION:
(h) French airworthiness directive 2003– YR.
106(B) R1, dated April 16, 2003, also Request for Comments
Discussion of Proposed Rule
addresses the subject of this AD. We encourage you to participate in
The proposed rule would create a new
Issued in Renton, Washington, on January this rulemaking by submitting
10, 2006. special anchorage area located on the
comments and related material. If you
Hudson River at the Village of
Ali Bahrami, do so, please include your name and
Haverstraw, New York, on Haverstraw
Manager, Transport Airplane Directorate, address, identify the docket number for
Aircraft Certification Service. this rulemaking (CGD01–05–101), Bay. It would include all waters of the
indicate the specific section of this Hudson River bound by the following
[FR Doc. E6–533 Filed 1–18–06; 8:45 am]
document to which each comment points: 41°11′25.2″ N, 073°57′19.9″ W;
BILLING CODE 4910–13–P
applies, and give the reason for each thence to 41°11′34.2″ N, 073°57′00.8″ W;
comment. Please submit all comments thence to 41°11′41.9″ N, 073°57′07.5″ W;
and related material in an unbound thence to 41°11′31.8″ N, 073°57′26.5″ W;
DEPARTMENT OF HOMELAND thence to 41°11′30.8″ N, 073°57′24.9″ W;
SECURITY format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like thence to the point of origin (NAD
to know they reached us, please enclose 1983).
Coast Guard
a stamped, self-addressed postcard or All proposed coordinates are North
envelope. We will consider all American Datum 1983 (NAD 83).
33 CFR Part 110 The special anchorage area would be
comments and material received during
[CG01–05–101] limited to vessels no greater than 20
the comment period. We may change
meters in length. Vessels not more than
RIN 1625–AA98 this proposed rule in view of them.
20 meters in length are not required to
Anchorage Regulations; Port of New Public Meeting sound signals as required by rule 35 of
York and Vicinity We do not now plan to hold a public the Inland Navigation Rules (33 U.S.C.
meeting. But you may submit a request 2035) nor exhibit anchor lights or
AGENCY: Coast Guard, DHS. shapes required by rule 30 of the Inland
for a meeting by writing to the
ACTION: Notice of proposed rulemaking. Waterways Management Division at the Navigation Rules (33 U.S.C 2030) when
address under ADDRESSES explaining at anchor in a special anchorage area.
SUMMARY: The Coast Guard proposes to
why one would be beneficial. If we Additionally, mariners utilizing the
establish a Special Anchorage Area in anchorage areas are encouraged to
Haverstraw Bay on the Hudson River determine that one would aid this
rulemaking, we will hold one at a time contact local and state authorities, such
adjacent to Haverstraw, NY. This as the local harbormaster, to ensure
proposed action is necessary to facilitate and place announced by a later notice
in the Federal Register. compliance with additional applicable
safe navigation in that area and provide state and local laws. Such laws may
safe and secure anchorages for vessels Background and Purpose involve, for example, compliance with
not more than 20 meters in length. This As part of a waterfront revitalization direction from the local harbormaster
action is intended to increase the safety effort the Village of Haverstraw is when placing or using moorings within
of life and property on the Hudson encouraging waterfront use by the the anchorage.
River, improve the safety of anchored general public. This proposed rule is in
vessels, and provide for the overall safe Regulatory Evaluation
response to a request made by the
hsrobinson on PROD1PC70 with PROPOSALS

and efficient flow of recreational vessel Village of Haverstraw to ensure the safe This proposed rule is not a
traffic and commerce. navigation of increased vessel traffic ‘‘significant regulatory action’’ under
DATES: Comments and related material expected to arrive along the village section 3(f) of Executive Order 12866,
must reach the Coast Guard on or before waterfront due to this revitalization Regulatory Planning and Review, and
March 20, 2006. effort. does not require an assessment of
ADDRESSES: You may mail comments The Coast Guard is designating the potential costs and benefits under
and related material to Waterways area as a special anchorage area in section 6(a)(3) of that Order. The Office

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