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Federal Register / Vol. 70, No.

165 / Friday, August 26, 2005 / Proposed Rules 50223

RHS regulations in 7 CFR part 1924, programs—Agriculture, Low and sharp) edge of the support tray for the
subpart A, contain requirements for moderate income housing. attachment cables of the switch panels
construction which is funded with For the reasons set forth in the below the left-hand instrument panel;
direct RHS loans, including direct single preamble, Chapter XVIII, Title 7, of the correct any damage found during the
family housing loans. The regulation Code of Federal Regulations is proposed inspection; and apply a layer of anti-rub
also applies to larger direct funded to be amended as follows: (protective padding) strips to the edge of
construction projects by other agencies the support tray. This proposed AD
in the Rural Development mission area. PART 1924—CONSTRUCTION AND results from mandatory continuing
This regulation was originally REPAIR airworthiness information (MCAI)
promulgated on March 13, 1987 in 52 issued by the airworthiness authority for
FR 41833. One of the requirements in 1. The authority citation for part 1924 Germany. We are issuing this proposed
this regulation is that for construction continues to read as follows: AD to detect, correct, and prevent
work performed by the contract method Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 chafing of the cables against the rear lip
(where the borrower contracts with a U.S.C. 1480. of the tray that holds the switch panels.
builder for the construction), the builder Chafing of the electrical cables could
must obtain a surety bond guaranteeing Subpart A—Planning and Performing result in smoke or fire in the cockpit.
payment and performance in the Construction and Other Development
DATES: We must receive any comments
amount of the contract when the 2. Section 1924.6 is amended by on this proposed AD by September 26,
contract exceeds $100,000. This amount revising paragraph (a)(3)(i)(A) to read as 2005.
has remained unchanged since 1987. In follows: ADDRESSES: Use one of the following to
1987, a single family house constructed submit comments on this proposed AD:
and financed under the direct single § 1924.6 Performing development work.
• DOT Docket Web site: Go to http:/
family housing loan program would not * * * * * /dms.dot.gov and follow the instructions
exceed $100,000. Since 1987, (a) * * * for sending your comments
construction costs for single family (3) * * * electronically.
houses financed by RHS have (i) * * * • Government-wide rulemaking Web
dramatically increased so that now (A) The contract exceeds the site: Go to http://www.regulations.gov
construction costs frequently exceed applicable Rural Development Single and follow the instructions for sending
$100,000. The requirement that builders Family Housing area loan limit as per 7 your comments electronically.
obtain surety bonds when the CFR 3550.63. (Loan limits are available • Mail: Docket Management Facility;
construction contract exceeds $100,000 at the local Rural Development field U.S. Department of Transportation, 400
has made it difficult for contractors to office.) Seventh Street, SW., Nassif Building,
compete for direct single family housing * * * * * Room PL–401, Washington, DC 20590–
projects financed by RHS. While the 001.
Dated: July 28, 2005.
regulation contains internal exceptions • Fax: 1–202–493–2251.
Russell T. Davis,
for the $100,000 requirement, none of • Hand Delivery: Room PL–401 on
these exceptions satisfactorily resolves Administrator, Rural Housing Service.
the plaza level of the Nassif Building,
the cost burden for builders of direct [FR Doc. 05–17026 Filed 8–25–05; 8:45 am] 400 Seventh Street, S.W., Washington,
single family housing. BILLING CODE 3410–XV–P DC, between 9 a.m. and 5 p.m., Monday
The revision to 7 CFR through Friday, except Federal holidays.
1924.6(a)(3)(i)(A) will facilitate the To get the service information
process of construction by raising the DEPARTMENT OF TRANSPORTATION identified in this proposed AD, contact
threshold when the contractor must GROB Luft-und Raumfahrt,
acquire surety bonds. The purpose of Federal Aviation Administration Lettenbachstrasse 9, D–86874
this regulation is to revise the existing Tussenhausen-Mattsies, Federal
surety bond requirement for direct 14 CFR Part 39 Republic of Germany; telephone: 011 49
funded single family housing. The new [Docket No. FAA–2005–21998; Directorate 8268 998139; facsimile: 011 49 8268
threshold will be when the contract Identifier 2005–CE–40–AD] 998200.
exceeds the applicable RHS area single To view the comments to this
family housing loan limit as established RIN 2120–AA64 proposed AD, go to http://dms.dot.gov.
pursuant to 7 CFR 3550.63 and the limit This is docket number FAA–2005–
for any particular area is available from Airworthiness Directives; GROB– 21998; Directorate Identifier 2005–CE–
any Rural Development office. WERKE Model G120A Airplanes 40–AD.
The provisions in 7 CFR AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Karl
1924.6(a)(3)(i) that require payment and Administration (FAA), DOT. Schletzbaum, Aerospace Engineer, FAA,
performance bonds when construction ACTION: Notice of proposed rulemaking Small Airplane Directorate, 901 Locust,
is under this threshold amount remain (NPRM). Room 301, Kansas City, Missouri 64106;
unchanged. RHS has determined that telephone: (816) 329–4146; facsimile:
changing the threshold for payment and SUMMARY: The FAA proposes to adopt a (816) 329–4090.
performance bonds provides for more new airworthiness directive (AD) for all SUPPLEMENTARY INFORMATION:
flexibility, is locality based, borrowers GROB–WERKE Model G120A airplanes.
are adequately protected, and housing This proposed AD would require you to Comments Invited
costs are reduced. inspect for signs of any chafing damage How do I comment on this proposed
to the attachment cables of the switch AD? We invite you to submit any
List of Subjects in 7 CFR Part 1924
panels below the left-hand instrument written relevant data, views, or
Agriculture, Construction panel, any damaged switch below the arguments regarding this proposal. Send
management, Construction and repair, switch panels of the left-hand your comments to an address listed
Energy conservation, Housing, Loan instrument panel, any damaged (that is, under ADDRESSES. Include the docket

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50224 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Proposed Rules

number, ‘‘FAA–2005–21998; Directorate (LBA), which is the airworthiness applicable bilateral airworthiness
Identifier 2005–CE–40–AD’’ at the authority for Germany, recently notified agreement.
beginning of your comments. We will FAA that an unsafe condition may exist Under this bilateral airworthiness
post all comments we receive, without on all GROB Model G120A airplanes. agreement, the LBA has kept us
change, to http://dms.dot.gov, including The LBA reports that GROB received a informed of the situation described
any personal information you provide. report of smoke in the cockpit on a above.
We will also post a report summarizing Model G120A airplane. The emergency
each substantive verbal contact with avionic switch on the switch panel FAA’s Determination and Requirements
FAA personnel concerning this below the left-hand instrument panel of This Proposed AD
proposed rulemaking. Using the search was identified as the source of the What has FAA decided? We have
function of our docket Web site, anyone smoke. examined the LBA’s findings, reviewed
can find and read the comments Chafing of the cables against the rear all available information, and
received into any of our dockets, lip of the tray that holds the switch determined that AD action is necessary
including the name of the individual panels caused damage of the cable for products of this type design that are
who sent the comment (or signed the insulation. This damage resulted in certificated for operation in the United
comment on behalf of an association, arcing and melting of insulation. States.
business, labor union, etc.). This is What is the potential impact if FAA
docket number FAA–2005–21998; Since the unsafe condition described
took no action? Chafing of the electrical
Directorate Identifier 2005–CE–40–AD. previously is likely to exist or develop
cables could result in smoke or fire in
You may review the DOT’s complete on other GROB Model G120A airplanes
the cockpit.
Privacy Act Statement in the Federal of the same type design that are
Is there service information that
Register published on April 11, 2000 registered in the United States, we are
applies to this subject? GROB has issued
(65 FR 19477–78) or you may visit http:/ proposing AD action to detect, correct,
Service Bulletin No. MSB1121–065,
/dms.dot.gov. and prevent chafing of the cables against
dated July 1, 2005.
Are there any specific portions of this What are the provisions of this service the rear lip of the tray that holds the
proposed AD I should pay attention to? information? The service bulletin switch panels. Chafing of the electrical
We specifically invite comments on the includes procedures for: cables could result in smoke or fire in
overall regulatory, economic, the cockpit.
—Inspecting attachment cable bundles
environmental, and energy aspects of of switches below the switch panels What would this proposed AD
this proposed AD. If you contact us of the left-hand instrument panel for require? This proposed AD would
through a nonwritten communication any signs of chafing damage; require you to incorporate the actions in
and that contact relates to a substantive —Replacing attachment cable bundles if the previously-referenced service
part of this proposed AD, we will any chafing damage is found; bulletin.
summarize the contact and place the —Inspecting for any damaged (that is, How does the revision to 14 CFR part
summary in the docket. We will sharp) edge on the support tray for the 39 affect this proposed AD? On July 10,
consider all comments received by the attachment cables of switches below 2002, we published a new version of 14
closing date and may amend this the switch panels of the left-hand CFR part 39 (67 FR 47997, July 22,
proposed AD in light of those comments instrument panel; 2002), which governs FAA’s AD system.
and contacts. —Grinding off any sharp edge on the This regulation now includes material
Docket Information support tray and cleaning thoroughly; that relates to altered products, special
—Replacing any damaged switch on flight permits, and alternative methods
Where can I go to view the docket of compliance. This material previously
switch panels of the left-hand
information? You may view the AD was included in each individual AD.
docket that contains the proposal, any instrument panel; and
—Applying a layer of anti-rub strips Since this material is included in 14
comments received, and any final CFR part 39, we will not include it in
(protective padding) to the edges of
disposition in person at the DMS Docket future AD actions.
Offices between 9 a.m. and 5 p.m. the panels.
(eastern time), Monday through Friday, What action did the LBA take? The Costs of Compliance
except Federal holidays. The Docket LBA classified this service bulletin as
Office (telephone 1–800–647–5227) is mandatory and issued German AD How many airplanes would this
located on the plaza level of the Number D–2005–242, dated July 1, proposed AD impact? We estimate that
Department of Transportation NASSIF 2005, to ensure the continued this proposed AD affects 6 airplanes in
Building at the street address stated in airworthiness of these airplanes in the U.S. registry.
ADDRESSES. You may also view the AD Germany. What would be the cost impact of this
docket on the Internet at http:// Did the LBA inform the United States proposed AD on owners/operators of the
dms.dot.gov. The comments will be under the bilateral airworthiness affected airplanes? We estimate the
available in the AD docket shortly after agreement? These GROB Model G120A following costs to do this proposed
the DMS receives them. airplanes are manufactured in Germany inspection, replacement of any damaged
and are type-certificated for operation in cable bundle, damaged switch, or
Discussion the United States under the provisions grinding off any sharp edge on the
What events have caused this of section 21.29 of the Federal Aviation support tray, and installation of the
proposed AD? The Luftfahrt-Bundesamt Regulations (14 CFR 21.29) and the protective padding:

Total cost per Total cost on


Labor cost Parts cost airplane U.S. operators

1 work hour × $65 an hour = $65 ................................................................................... $20 $85 $85 × 6 = $510

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Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Proposed Rules 50225

Authority for This Rulemaking the reasons discussed above, I certify § 39.13 [Amended]
What authority does FAA have for that this proposed AD: 2. The FAA amends § 39.13 by adding
issuing this rulemaking action? Title 49 1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866; the following new airworthiness
of the United States Code specifies the directive (AD):
2. Is not a ‘‘significant rule’’ under the
FAA’s authority to issue rules on
DOT Regulatory Policies and Procedures GROB–WERKE: Docket No. FAA–2005–
aviation safety. Subtitle I, Section 106
(44 FR 11034, February 26, 1979); and 21998; Directorate Identifier 2005–CE–
describes the authority of the FAA 3. Will not have a significant 40–AD.
Administrator. Subtitle VII, Aviation economic impact, positive or negative,
Programs, describes in more detail the on a substantial number of small entities When Is the Last Date I Can Submit
scope of the agency’s authority. under the criteria of the Regulatory Comments on This Proposed AD?
We are issuing this rulemaking under (a) We must receive comments on this
Flexibility Act.
the authority described in Subtitle VII, We prepared a summary of the costs proposed airworthiness directive (AD) by
Part A, Subpart III, Section 44701, to comply with this proposed AD (and September 26, 2005.
‘‘General requirements.’’ Under that other information as included in the
section, Congress charges the FAA with What Other ADs Are Affected by This
Regulatory Evaluation) and placed it in Action?
promoting safe flight of civil aircraft in the AD Docket. You may get a copy of
air commerce by prescribing regulations this summary by sending a request to us (b) None.
for practices, methods, and procedures at the address listed under ADDRESSES. What Airplanes Are Affected by This AD?
the Administrator finds necessary for Include ‘‘AD Docket FAA–2005–21998;
safety in air commerce. This regulation (c) This AD affects Model G120A airplanes,
Directorate Identifier 2005–CE–40–AD’’ all serial numbers, that are certificated in any
is within the scope of that authority in your request.
because it addresses an unsafe condition category.
that is likely to exist or develop on List of Subjects in 14 CFR Part 39 What Is the Unsafe Condition Presented in
products identified in this AD. Air transportation, Aircraft, Aviation This AD?
Regulatory Findings safety, Safety. (d) This AD is the result of mandatory
Would this proposed AD impact The Proposed Amendment continuing airworthiness information (MCAI)
various entities? We have determined issued by the airworthiness authority for
Accordingly, under the authority
that this proposed AD would not have Germany. The actions specified in this AD
delegated to me by the Administrator,
federalism implications under Executive are intended to detect, correct, and prevent
the Federal Aviation Administration chafing of the cables against the rear lip of
Order 13132. This proposed AD would proposes to amend 14 CFR part 39 as
not have a substantial direct effect on the tray that holds the switch panels. Chafing
follows: of the electrical cables could result in smoke
the States, on the relationship between
the national Government and the States, PART 39—AIRWORTHINESS or fire in the cockpit.
or on the distribution of power and DIRECTIVES What Must I do To Address This Problem?
responsibilities among the various
1. The authority citation for part 39 (e) To address this problem, you must do
levels of government.
continues to read as follows: the following:
Would this proposed AD involve a
significant rule or regulatory action? For Authority: 49 U.S.C. 106(g), 40113, 44701.

Actions Compliance Procedures

(1) Inspect for:


(i) Any signs of chafing damage to the attach- Within the next 50 hours time-in-service (TIS) Follow GROB Service Bulletin No. MSB1121–
ment cables of switches below the switch after the effective date of this AD, unless al- 065 dated July 1, 2005.
panels of the left-hand instrument panel;. ready done.
(ii) Any damaged switch on switch panels of
the left-hand instrument panel; and
(iii) Any damaged (that is, sharp) edge of the
support tray for the attachment cables of
switches below the switch panels of the left-
hand instrument panel.
(2) Correct any damage found as a result of Before further flight after the inspection re- Follow GROB Service Bulletin No. MSB1121–
the inspection required by paragraph (e)(1) quired by paragraph (e)(1) of this AD. 065 dated July 1, 2005.
of this AD.
(i) If you find any signs of chafing damage to
the attachment cables of switches below the
switch panels of the left-hand instrument
panel, replace the attachment cables;
(ii) If you find any damaged switch below the
switch panels of the left-hand instrument
panel, replace the switch; and
(iii) If you find any damaged (that is, sharp)
edge on the support tray for the attachment
cables of switches below the switch panels
of the left-hand instrument panel, grind off
any sharp edges and clean thoroughly.

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50226 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Proposed Rules

Actions Compliance Procedures

(3) Apply anti-rub (padding) strips to the edge Before further flight after the inspection re- Follow GROB Service Bulletin No. MSB1121–
of the support tray for the attachment cables quired by paragraph (e)(1) of this AD. This 065 dated July 1, 2005.
of switches below the switch panels of the modification is required even if damage is
left-hand instrument panel. not found during the inspections.

May I Request an Alternative Method of SUMMARY: The FAA is withdrawing a in aircraft now. We remain concerned
Compliance? previously published Advance Notice of that if we require children under 2 years
(f) You may request a different method of Proposed Rulemaking that sought public old to be in an approved restraint
compliance or a different compliance time comment on issues about the use of system (which requires a passenger
for this AD by following the procedures in 14 child restraint systems (CRSs) in seat), affected operators might find it
CFR 39.19. Unless FAA authorizes otherwise, aircraft. Specifically, we sought crash necessary to charge a fare for
send your request to your principal
inspector. The principal inspector may add
performance and ease-of-use transporting these children. (Currently
comments and will send your request to the information about existing and new most, if not all, operators do not charge
Manager, Standards Office, Small Airplane automotive CRSs, when used in aircraft. a fare for children under 2 years old
Directorate, FAA. For information on any We also sought information about the who are held in an adult’s lap.) In turn,
already approved alternative methods of development of any new or improved for economic reasons some adults might
compliance, contact Karl Schletzbaum, CRSs designed exclusively for aircraft decide to drive in automobiles to their
Aerospace Engineer, FAA, Small Airplane use. We are withdrawing the document destinations rather than fly. The FAA is
Directorate, 901 Locust, Room 301, Kansas to pursue other options that will
City, Missouri 64106; telephone: (816) 329–
concerned because automobile injury
4146; facsimile: (816) 329–4090.
mitigate the risk of child injuries and and fatality rates are higher than aircraft
fatalities in aircraft. injury and fatality rates. As a result,
Is There Other Information That Relates to FOR FURTHER INFORMATION CONTACT: there would be a net increase in
This Subject? Nancy Lauck Claussen, Federal Aviation transportation injuries and fatalities as
(g) German AD Number D–2005–242, Administration, Flight Standards families opt, for economic reasons, to
effective date: July 1, 2005, also addresses the Service, Certificate Management Office, drive rather than fly to their
subject of this AD.
2800 N. 44 Street, Suite 450, Phoenix, destinations.
May I Get Copies of the Documents AZ 85008, telephone (602) 379–4350, e-
Referenced in This AD? mail nancy.l.claussen@faa.gov. 1995 Report to Congress
(h) To get copies of the documents SUPPLEMENTARY INFORMATION: In 1994 Congress required the
referenced in this AD, contact GROB Luft- Secretary of Transportation, by Section
und Raumfahrt, Lettenbachstrasse 9, D– Background
86874 Tussenhausen-Mattsies, Federal 522 of Public Law 103–305, to study the
On February 12, 1997, the White impact of mandating the use of CRSs for
Republic of Germany; telephone: 011 49 8268 House Commission on Aviation Safety
998139; facsimile: 011 49 8268 998200. To children under 2 years old on scheduled
and Security (the Commission) issued a air carriers. The Secretary submitted a
view the AD docket, go to the Docket
Management Facility; U.S. Department of final report that included a report of this study to Congress in 1995.
Transportation, 400 Seventh Street, SW., recommendation on CRS use during The report estimated that, if a child
Nassif Building, Room PL–401, Washington, flight. The following is an excerpt from
restraint rule were imposed,
DC, or on the Internet at http://dms.dot.gov. the final report:
approximately five infant lives would be
This is docket number FAA–2005–21998; ‘‘The FAA should revise its
Directorate Identifier 2005–CE–40–AD. regulations to require that all occupants saved aboard aircraft, and two major
be restrained during takeoff, landing, injuries and four minor injuries would
Issued in Kansas City, Missouri, on August be avoided over a 10-year period. The
19, 2005. and turbulent conditions, and that all
infants and small children below the report also cautioned that this
Terry L. Chasteen, improvement would be offset by
Acting Manager, Small Airplane Directorate, weight of 40 pounds and under the
height of 40 inches be restrained in an additional highway fatalities for airline
Aircraft Certification Service. passengers who chose to drive rather
[FR Doc. 05–16986 Filed 8–25–05; 8:45 am] appropriate child restraint system, such
as child safety seats, appropriate to their than purchase a seat for infants. Even if
BILLING CODE 4910–13–P
height and weight.’’ infant fares were only 25 percent of full
On February 18, 1998, the FAA fare, the report estimated that there
published an Advance Notice of would be diversion to cars and thus a
DEPARTMENT OF TRANSPORTATION net increase in fatalities over a 10-year
Proposed Rulemaking (ANPRM) to
Federal Aviation Administration respond to the Commission’s period.
recommendation (63 FR 8324). The FAA Industry Action
14 CFR Parts 91, 121, 125 & 135 sought public comment on issues about
the use of CRSs in aircraft during all In July 1997, the air carrier industry
[Docket No. FAA–2001–9483] took a positive step toward increasing
phases of flight. The ANPRM did not
RIN 2120–AG43 propose specific regulatory changes. infant air travel safety. At that time most
Rather, it asked for comments, data, and major U.S. airlines introduced a general
Child Restraint Systems analysis to help the FAA decide the best policy providing a 50 percent fare
AGENCY: Federal Aviation regulatory approach to ensure the safety discount for domestic travel for at least
Administration (FAA), DOT. of children who are passengers in one infant under 2 years old occupying
aircraft. a seat. Many commenters to the ANPRM
ACTION: Advance notice of proposed
The FAA has determined it is not noted that they have taken advantage of
rulemaking, withdrawal.
appropriate to mandate the use of CRSs these infant fares.

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