[Federal Register Volume 70, Number 237 (Monday, December 12, 2005)]
[Rules and Regulations]
[Pages 73364-73367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23826]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NE-50-AD; Amendment 39-14403; AD 2005-25-10]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD) for Dowty Propellers Type R321/4-82-F/8, R324/4-82-F/9, R333/4-82-
F/12, and R334/4-82-F/13 propeller assemblies. That AD currently 
requires initial and repetitive ultrasonic inspections of propeller 
hubs, part number (P/N) 660709201. This AD requires the same initial 
and repetitive ultrasonic inspections, but makes some needed 
corrections. This AD results from comments received on AD 2005-20-12. 
We are issuing this AD to prevent propeller hub failure due to cracks 
in the hub, which could result in loss of control of the airplane.

DATES: Effective December 27, 2005. The Director of the Federal 
Register previously approved the incorporation by reference of certain 
publications listed in the regulations as of July 27, 2004 (69 FR 
34560, June 22, 2004) and October 28, 2005 (70 FR 59647, October 13, 
2005).
    We must receive any comments on this AD by February 10, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
     By mail: Federal Aviation Administration (FAA), New 
England Region, Office of the Regional Counsel, Attention: Rules Docket 
No. 2001-NE-50-AD, 12 New England Executive Park, Burlington, MA 01803-
5299.
     By fax: (781) 238-7055.
     By e-mail: [email protected].
    Contact Dowty Propellers, Anson Business Park, Cheltenham Road 
East, Gloucester GL 29QN, UK; telephone 44 (0) 1452 716000; fax 44 (0) 
1452 716001, for the service information referenced in this AD.
    You may examine the AD docket, by appointment, at the FAA, New 
England Region, Office of the Regional Counsel, 12 New England 
Executive Park, Burlington, MA.

FOR FURTHER INFORMATION CONTACT: Terry Fahr, Aerospace Engineer, Boston 
Aircraft Certification Office, FAA, Engine and Propeller Directorate, 
12 New England Executive Park, Burlington, MA 01803-5299; telephone 
(781) 238-7155; fax (781) 238-7170.

SUPPLEMENTARY INFORMATION: On September 26, 2005, we issued AD 2005-20-
12, Amendment 39-14306 (70 FR 59647, October 13, 2005). That AD 
requires initial and repetitive ultrasonic inspections of propeller 
hubs, P/N 660709201. That AD was the result of a report of a hub 
separation on a CASA 212 airplane. That condition, if not corrected, 
could result in propeller hub failure due to cracks in the hub, which 
could result in loss of control of the airplane.

Comments

    We provided the public the opportunity to comment on AD 2005-20-12. 
We have considered the comments received.

Allow Use of Appendix D

    One commenter, the manufacturer, requests we allow operators and 
inspectors to also use Appendix D of the referenced service bulletins. 
We agree and added the use of Appendix D to this AD.

Request To Include Flight Cycle Limit

    The same commenter requests we include a flight cycle limit in the 
repetitive inspection compliance for R334/4-82-F/13 propeller 
assemblies, to be consistent with the service bulletin. We agree and 
changed the repetitive ultrasonic inspection compliance to ``within 300 
flight hours time-since-last-inspection or 300 flight cycles-since-last 
inspection, whichever occurs sooner''.

Request To Correct the Manufacturer's Name

    The same commenter requests we correct their former name of Dowty 
Aerospace Propellers, to their current name of Dowty Propellers. We 
agree and made the name change.

Request To Clarify Initial Inspection Compliance

    The same commenter requests we revise paragraph (h) of AD 2005-20-
12 to clarify that operators that previously complied with the initial 
inspection in paragraph (f) do not have to comply a second time to that 
initial inspection. We agree. For clarification, we revised the 
paragraph, moved it closer to the Compliance heading, and codified it 
as paragraph (f).

[[Page 73365]]

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously.

Special Flight Permits Paragraph Removed

    Paragraph (l) of the current AD, AD 2005-20-12, contains a 
paragraph pertaining to special flight permits. Even though this final 
rule does not contain a similar paragraph, we have made no changes with 
regard to the use of special flight permits to operate the airplane to 
a repair facility to do the work required by this AD. In July 2002, we 
published a new Part 39 that contains a general authority regarding 
special flight permits and airworthiness directives; see Docket No. 
FAA-2004-8460, Amendment 39-9474 (69 FR 47998, July 22, 2002). Thus, 
when we now supersede ADs we will not include a specific paragraph on 
special flight permits unless we want to limit the use of that general 
authority granted in section 39.23.

Relevant Service Information

    We have reviewed and approved the technical contents of Dowty 
Propellers Alert MSB No. 61-1119, Revision 4, dated September 14, 2005, 
that specifies initial and repetitive ultrasonic inspections of the 
rear wall of the rear half of the propeller hub for cracks on Type 
R334/4-82-F/13 propeller assemblies used on CASA 212 airplanes. The CAA 
classified this service bulletin as mandatory and issued CAA UK AD No. 
G-2005-0027, dated September 8, 2005, to assure the airworthiness of 
these Dowty Propellers in the U.K.

Differences Between This AD and the Service Information

    Although Appendix A of Alert MSB No. 61-1119, Revision 4, dated 
September 14, 2005, requires reporting the inspection data to Dowty 
Propellers, this AD requires that you report the data to the Boston 
Aircraft Certification Office of the FAA.

Bilateral Airworthiness Agreement

    These propeller models are manufactured in the U.K. and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Under this bilateral 
airworthiness agreement, the CAA has kept the FAA informed of the 
situation described above. We have examined the findings of the CAA, 
reviewed all available information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other Dowty Propellers Type R321/4-82-F/8, R324/4-82-F/9, 
R333/4-82-F/12, and R334/4-82-F/13 propeller assemblies of the same 
type design. We are issuing this AD to prevent propeller hub failure 
due to cracks in the hub, which could result in loss of control of the 
airplane. This AD requires:
     Within 10 flight hours (FH) time-in-service (TIS) or 20 
days after the effective date of this AD, whichever occurs earlier, 
performing an initial ultrasonic inspection of the rear halves of 
propeller hubs P/N 660709201, that are installed in Type R334/4-82-F/13 
propeller assemblies, and;
     Within 50 FH TIS or 60 days after the effective date of 
this AD, whichever occurs earlier, performing an initial ultrasonic 
inspection of the rear halves of propeller hubs P/N 660709201, that are 
installed in Type R321/4-82-F/8, R324/4-82-F/9, and R333/4-82-F/12 
propeller assemblies, and;
     Within 300 FH time-since-last-inspection (TSLI) or 300 
flight cycles-since-last-inspection, whichever occurs sooner, 
performing a repetitive ultrasonic inspection of the rear halves of 
propeller hubs P/N 660709201, that are installed in Type R334/4-82-F/13 
propeller assemblies, and;
     Within 1,000 FH TSLI performing a repetitive ultrasonic 
inspection of the rear halves of propeller hubs P/N 660709201, that are 
installed in Type R321/4-82-F/8, R324/4-82-F/9, and R333/4-82-F/12 
propeller assemblies, and;
     If not already done, performing an ultrasonic inspection 
of the rear halves of propeller hubs P/N 660709201, that are installed 
in Type R321/4-82-F/8, R324/4-82-F/9, R333/4-82-F/12, and R334/4-82-F/
13 propeller assemblies that are in storage before installing the 
propeller assembly onto an airplane.
    You must use the service information specified in Table 2 of this 
AD to perform the inspections required by this AD.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we have found that notice and opportunity for 
public comment before issuing this AD are impracticable, and that good 
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment; however, we invite you to submit any written relevant data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``AD Docket No. 2001-NE-50-AD'' in the 
subject line of your comments. If you want us to acknowledge receipt of 
your mailed comments, send us a self-addressed, stamped postcard with 
the docket number written on it; we will date-stamp your postcard and 
mail it back to you. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the rule 
that might suggest a need to modify it. If a person contacts us 
verbally, and that contact relates to a substantive part of this AD, we 
will summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend the AD 
in light of those comments.

Examining the AD Docket

    You may examine the AD Docket (including any comments and service 
information), by appointment, between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. See ADDRESSES for the 
location.

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.

[[Page 73366]]

Regulatory Findings

    We have 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 that the 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 summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket No. 2001-NE-50-AD'' in your request.

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 Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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 removing Amendment 39-14306 (70 FR 
59647, October 13, 2005), and by adding a new airworthiness directive, 
Amendment 39-59647, to read as follows:

2005-25-10 Dowty Propellers: Amendment 39-14403. Docket No. 2001-NE-
50-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
27, 2005.

Affected ADs

    (b) This AD supersedes AD 2005-20-12, Amendment 39-14306.

Applicability

    (c) This AD applies to Dowty Propellers Type R321/4-82-F/8, and 
R324/4-82-F/9, R333/4-82-F/12 propeller assemblies with propeller 
hubs part number (P/N) 660709201, installed on, but not limited to, 
British Aerospace Regional Aircraft Jetstream Models 3101 and 3201, 
Fairchild Aircraft, Inc., Merlin IIIC, and Merlin IVC/Metro III 
airplanes, and to Type R334/4-82-F/13 propeller assemblies with hubs 
P/N 660709201, installed on Construcciones Aeronauticas, S.A. (CASA) 
212 airplanes.

Unsafe Condition

    (d) This AD results from comments received on AD 2005-20-12. We 
are issuing this AD to prevent propeller hub failure due to cracks 
in the hub, which could result in loss of control of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified unless the 
actions have already been done.
    (f) Propeller hubs, P/N 660709201, previously inspected using 
Dowty Mandatory Service Bulletins (MSBs) listed in Table 1 or an 
earlier issue of those MSBs, are already in compliance with 
paragraph (g) of this AD and do not need another initial inspection.

                                   Table 1.--Applicable MSB for Propeller Type
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                                   Initial inspection within  Repeat inspection within
     Propeller assembly type         the  earlier of * * *              * * *                Applicable MSB
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(1) R334/4-82-F/13...............  10 flight hours (FH) time- 300 FH time-since-last-   Alert MSB No. 61-1119,
                                    in-service (TIS) or 20     inspection (TSLI) or      Revision 4, dated
                                    days after the effective   300 flight cycles-since-  September 14, 2005.
                                    date of this AD.           last-inspection,
                                                               whichever occurs sooner.
(2) R321/4-82-F/8................  50 FH TIS or 60 days       1,000 FH TSLI...........  MSB No. 61-1125,
                                    after the effective date                             Revision 1, dated
                                    of this AD.                                          October 9, 2002.
(3) R324/4-82-F/9................  50 FH TIS or 60 days       1,000 FH TSLI...........  MSB No. 61-1126,
                                    after the effective date                             Revision 1, dated
                                    of this AD.                                          October 9, 2002.
(4) R333/4-82-F/12...............  50 FH TIS or 60 days       1,000 FH TSLI...........  MSB No. 61-1124,
                                    after the effective date                             Revision 1, dated
                                    of this AD.                                          October 8, 2002.
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Initial Ultrasonic Inspections

    (g) Perform an initial ultrasonic inspection of the rear wall of 
the rear half of the propeller hub for cracks within the compliance 
time specified in the following Table 1. Use Appendix A or Appendix 
D of the applicable Dowty Mandatory Service Bulletin (MSB) listed in 
Table 1 of this AD.
    (h) For hubs and propellers in storage, perform an initial 
ultrasonic inspection of the rear wall of the rear half of the 
propeller hub for cracks, before placing in service. Use Appendix A 
or Appendix D of the applicable Dowty MSB listed in Table 1 of this 
AD.

Repetitive Ultrasonic Inspections

    (i) Thereafter, perform a repetitive ultrasonic inspection of 
the rear wall of the rear half of the propeller hub for cracks 
within the compliance time specified in Table 1 of this AD. Use 
Appendix A or Appendix D of the applicable Dowty Mandatory Service 
Bulletin (MSB) listed in Table 1 of this AD.

Inspection Reporting Requirements

    (j) Within 10 days after each inspection, record the inspection 
data on a copy of Appendix B of the applicable MSB listed in Table 1 
of this AD. Report the findings to the Manager, Boston Aircraft 
Certification Office, FAA, Engine and Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803-5299. The Office of 
Management and Budget (OMB) approved the reporting requirements and 
assigned OMB control number 2120-0056.

Alternative Methods of Compliance

    (k) The Manager, Boston Certification Office, has the authority 
to approve alternative methods of compliance for this AD if 
requested using the procedures found in 14 CFR 39.19.

Documents That Have Been Incorporated by Reference

    (l) You must use the service information specified in Table 2 to 
perform the inspections required by this AD. The Director of the 
Federal Register previously approved the incorporation by reference 
of Dowty Mandatory Service Bulletin (MSB) No. 61-1124, Revision 1, 
dated October 8, 2002; MSB No. 61-1125, Revision 1, dated October 9, 
2002, MSB 61-1126 and Revision 1, dated October 9, 2002 as of July 
27, 2004 (69 FR 34560, June 22, 2004), and Dowty Alert (MSB) No. 61-
1119, Revision 4, dated September 14, 2005, as of October 28, 2005 
(70 FR 59647, October 13, 2005), in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Contact Dowty Propellers, Anson Business Park, 
Cheltenham Road East, Gloucester GL 29QN, UK; telephone 44 (0) 1452 
716000; fax 44 (0) 1452 716001 for a copy of this service 
information. You may

[[Page 73367]]

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/federal-register/cfr/ibr-locations.html.

                                      Table 2.--Incorporation by Reference
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       Service Bulletin No.                 Page                Revision                      Date
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Alert MSB No. 61-1119............  All..................  4...................  September 14, 2005.
Appendix A.......................  1....................  1...................  November 27, 2001.
                                   2....................  Original............  November 1, 2001.
                                   3-6..................  1...................  November 27, 2001.
Appendix B.......................  1....................  Original............  November 1, 2001.
Appendix C.......................  All..................  Original............  November 27, 2001.
Appendix D.......................  All..................  Original............  December 6, 2001.
    Total pages: 30
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MSB No. 61-1124..................  1....................  1...................  October 8, 2002.
                                   2-3..................  Original............  May 7, 2002.
Appendix A.......................  All..................  Original............  May 7, 2002.
Appendix B.......................  All..................  Original............  May 7, 2002.
Appendix C.......................  All..................  Original............  May 7, 2002.
Appendix D.......................  All..................  Original............  May 7, 2002.
    Total pages: 30
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MSB No. 61-1125..................  1....................  1...................  October 9, 2002.
                                   2-3..................  Original............  May 7, 2002.
Appendix A.......................  All..................  Original............  May 7, 2002.
Appendix B.......................  All..................  Original............  May 7, 2002.
Appendix C.......................  All..................  Original............  May 7, 2002.
Appendix D.......................  All..................  Original............  May 7, 2002.
    Total pages: 30
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MSB No. 61-1126..................  1....................  1...................  October 9, 2002.
                                   2-3..................  Original............  May 7, 2002.
Appendix A.......................  All..................  Original............  May 7, 2002.
Appendix B.......................  All..................  Original............  May 7, 2002.
Appendix C.......................  All..................  Original............  May 7, 2002.
Appendix D.......................  All..................  Original............  May 7, 2002.
    Total pages: 30
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Related Information

    (m) United Kingdom (U.K.) Civil Aviation Authority (CAA) 
airworthiness directives No. G-2005-0027, dated September 8, 2005; CAA 
UK AD No. 009-05-2002, dated April 15, 2003; CAA UK AD No. 010-05-2002, 
dated April 15, 2003; and CAA UK AD No. 011-05-2002, dated April 15, 
2003, also addresses the subject of this AD.

    Issued in Burlington, Massachusetts, on December 2, 2005.
Peter A. White,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. 05-23826 Filed 12-9-05; 8:45 am]
BILLING CODE 4910-13-P