[Federal Register Volume 71, Number 217 (Thursday, November 9, 2006)]
[Rules and Regulations]
[Pages 65716-65719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18840]


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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:

    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.

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

[[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