Airworthiness Directives; BAE Systems (Operations) Limited (Jetstream) Model 4101 Airplanes, 72636-72637 [E7-24821]

Download as PDF 72636 Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Proposed Rules (3) The Regional Director’s decision is based on an incorrect statement or application of the applicable rule of law; (4) There is no Authority precedent on the legal issue in the case; or (5) The manner in which the Region conducted the investigation has resulted in prejudicial error. (f) General Counsel action. The General Counsel may deny the appeal of the Regional Director’s dismissal of the charge, or may grant the appeal and remand the case to the Regional Director to take further action. The General Counsel’s decision on the appeal states the grounds listed in paragraph (e) of this section for denying or granting the appeal, and is served on all the parties. Absent a timely motion for reconsideration, the decision of the General Counsel is final. (g) Reconsideration. After the General Counsel issues a final decision, the Charging Party may move for reconsideration of the final decision if it can establish extraordinary circumstances in its moving papers. The motion shall be filed within 10 days after the date on which the General Counsel’s final decision is postmarked. A motion for reconsideration shall state with particularity the extraordinary circumstances claimed and shall be supported by appropriate citations. The decision of the General Counsel on a motion for reconsideration is final. pwalker on PROD1PC71 with PROPOSALS § 2423.12 Settlement of unfair labor practice charges after a Regional Director determination to issue a complaint but prior to issuance of a complaint. (a) Alternative Dispute Resolution (ADR). After a merit determination to issue a complaint, the Regional Director will work with the parties to settle the dispute using ADR, to avoid costly and protracted litigation. (b) Bilateral informal settlement agreement. Prior to issuing a complaint but after a merit determination by the Regional Director, the Regional Director may afford the Charging Party and the Charged Party a reasonable period of time to enter into an informal settlement agreement to be approved by the Regional Director. When a Charged Party complies with the terms of an informal settlement agreement approved by the Regional Director, no further action is taken in the case. If the Charged Party fails to perform its obligations under the approved informal settlement agreement, the Regional Director may institute further proceedings. (c) Unilateral informal settlement agreement. If the Charging Party elects not to become a party to a bilateral settlement agreement which the VerDate Aug<31>2005 17:13 Dec 20, 2007 Jkt 214001 Regional Director concludes effectuates the policies of the Federal Service Labor-Management Relations Statute, the Regional Director may choose to approve a unilateral settlement between the General Counsel and the Charged Party. The Regional Director, on behalf of the General Counsel, shall issue a letter stating the grounds for approving the settlement agreement and declining to issue a complaint. The Charging Party may obtain review of the Regional Director’s action by filing an appeal with the General Counsel in accordance with § 2423.11(c) and (d). The General Counsel shall take action on the appeal as set forth in § 2423.11(e)–(g). §§ 2423.13–2423.19 [Reserved] Dated: December 18, 2007. Colleen Duffy Kiko, General Counsel, Federal Labor Relations Authority. [FR Doc. E7–24846 Filed 12–20–07; 8:45 am] BILLING CODE 6727–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2002–NM–260–AD] RIN 2120–AA64 Airworthiness Directives; BAE Systems (Operations) Limited (Jetstream) Model 4101 Airplanes Federal Aviation Administration, DOT. ACTION: Proposed rule; withdrawal. AGENCY: SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD), applicable to all BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes. That action would have required revising the airplane flight manual to advise the flightcrew of special operating limitations associated with a reduction in airplane performance due to loss of propeller efficiency. That action also would have required installing placards in the flight compartment and operating the airplane per certain special operating limitations; or performing repetitive flight checks to verify the adequacy of the airplane’s climb performance, and accomplishing followon actions if necessary. Since the issuance of the NPRM, the Federal Aviation Administration (FAA) has issued another NPRM applicable to certain propellers, which addresses the identified unsafe condition. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 Accordingly, the proposed rule is withdrawn. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1175; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to add a new airworthiness directive (AD), applicable to all BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes, was published in the Federal Register as a Notice of Proposed Rulemaking (NPRM) on February 6, 2004 (69 FR 5775). The proposed rule would have required revising the airplane flight manual to advise the flightcrew of special operating limitations associated with a reduction in airplane performance due to loss of propeller efficiency. That action also would have required installing placards in the flight compartment and operating the airplane per certain special operating limitations; or performing repetitive flight checks to verify the adequacy of the airplane’s climb performance, and accomplishing followon actions if necessary. That action was prompted by a report indicating that a shortfall in engine performance, compared to the performance standards shown in the airplane flight manual (AFM), has been observed during climbperformance test flights. The proposed actions were intended to ensure that the flightcrew accounts for the potential loss of airplane performance due to loss of propeller efficiency, which could result in an increased risk of collision with terrain. Actions that Occurred Since the NPRM Was Issued On October 24, 2007, we issued NPRM, Docket No. FAA–2006–25173, for McCauley Propeller Systems propeller models B5JFR36C1101/ 114GCA–0, C5JFR36C1102/L114GCA–0, B5JFR36C1103/114HCA–0, and C5JFR36C1104/L114HCA–0. These propellers are installed on BAE Systems (Operations) Limited (Jetstream) Model 4100 and 4101 airplanes. That NPRM would require, for certain blades, fluorescent penetrant inspections (FPI) and eddy current inspections (ECI) of propeller blades for cracks based on hours time-in-service after the effective date of the AD, and if any crack indications are found, removal from service. Also, the NPRM would require inspecting for blunt leading edges of the E:\FR\FM\21DEP1.SGM 21DEP1 Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Proposed Rules propeller blades while inspecting them for cracks, and if necessary, dressing any erosion before returning the blades to service. That NPRM results from our determination that we must require repetitive inspections for cracks, and from reports of blunt leading edges of the propeller blades due to erosion. We issued that NPRM to detect cracks in the propeller blade that could cause failure and separation of the propeller blade and loss of control of the airplane, and to detect blunt leading edges on the propeller blades, which could cause airplane single engine climb performance degradation and could result in an increased risk of collision with terrain. FAA’s Conclusions Upon further consideration, we have determined that, for all BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes, the proposed actions specified in NPRM, Docket No. FAA– 2006–25173, more adequately address loss of propeller efficiency due to erosion or profile changes of the propeller blade’s leading edge. Accordingly, the proposed rule is hereby withdrawn. Withdrawal of this NPRM constitutes only such action, and does not preclude the agency from issuing another action in the future, nor does it commit the agency to any course of action in the future. Regulatory Impact Since this action only withdraws a notice of proposed rulemaking, it is neither a proposed nor a final rule and therefore is not covered under Executive Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Withdrawal pwalker on PROD1PC71 with PROPOSALS Accordingly, the notice of proposed rulemaking, Docket 2002–NM–260–AD, published in the Federal Register on February 6, 2004 (69 FR 5775), is withdrawn. Issued in Renton, Washington, on December 14, 2007. Michael J. Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–24821 Filed 12–20–07; 8:45 am] BILLING CODE 4910–13–P VerDate Aug<31>2005 17:13 Dec 20, 2007 Jkt 214001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 91 [Docket No. FAA–2007–29305; Notice No. 07–15] RIN 2120–AI92 Automatic Dependent Surveillance— Broadcast (ADS–B) Out Performance Requirements To Support Air Traffic Control (ATC) Service Federal Aviation Administration (FAA), DOT. ACTION: Notice of availability. AGENCY: SUMMARY: This notice announces the availability of a revised Initial Regulatory Flexibility Analysis associated with the notice of proposed rulemaking entitled, ‘‘Automatic Dependent Surveillance-Broadcast (ADS–B) Out performance requirements to support Air Traffic Control (ATC) service.’’ The comment period for the Notice of Proposed Rulemaking (NPRM) published on October 5, 2007 (72 FR 56947), as extended on November 19, 2007 (72 FR 64966), closes March 3, 2008. DATES: You may send comments identified by Docket Number FAA– 2007–29305 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to Docket Operations at 202–493–2251. • Hand Delivery: Bring comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For more information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. Privacy: We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or ADDRESSES: PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 72637 signing the comment for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78) or you may visit http:// DocketsInfo.dot.gov. Docket: To read background documents or comments received, go to http://www.regulations.gov at any time or to Docket Operations in Room W12– 140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Thomas C. Smith, Regulatory Analysis Division, Office of Aviation Policy and Plans, APO–310, Federal Aviation Administration, 800 Independence Ave., SW., Washington, DC 20591; telephone number: (202) 267–3289; thomas.c.smith@faa.gov. SUPPLEMENTARY INFORMATION Availability of Rulemaking Documents You can get an electronic copy of rulemaking documents using the Internet by— 1. Searching the Federal eRulemaking Portal (http://www.regulations.gov); 2. Visiting the FAA’s Regulations and Policies Web page at http:// www.faa.gov/regulations_policies/; or 3. Accessing the Government Printing Office’s Web page at http:// www.gpoaccess.gov/fr/index.html. You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267–9680. Make sure to identify the docket number, notice number, or amendment number of this rulemaking. Discussion On October 1, 2007, the Federal Aviation Administration (FAA) issued a notice of proposed rulemaking (NPRM) entitled, ‘‘Automatic Dependent Surveillance—Broadcast (ADS–B) Out performance requirements to support Air Traffic Control (ATC) service’’ (72 FR 56947; October 5, 2007). The comment period for the NPRM, as extended on November 19, 2007 (72 FR 64966), closes on March 3, 2007. The Small Business Administration’s (SBA) Office of Advocacy has asked us to revise the Initial Regulatory Flexibility Analysis (IRFA) associated with the NPRM and to publish the E:\FR\FM\21DEP1.SGM 21DEP1

Agencies

[Federal Register Volume 72, Number 245 (Friday, December 21, 2007)]
[Proposed Rules]
[Pages 72636-72637]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24821]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-260-AD]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
(Jetstream) Model 4101 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM) 
that proposed a new airworthiness directive (AD), applicable to all BAE 
Systems (Operations) Limited (Jetstream) Model 4101 airplanes. That 
action would have required revising the airplane flight manual to 
advise the flightcrew of special operating limitations associated with 
a reduction in airplane performance due to loss of propeller 
efficiency. That action also would have required installing placards in 
the flight compartment and operating the airplane per certain special 
operating limitations; or performing repetitive flight checks to verify 
the adequacy of the airplane's climb performance, and accomplishing 
follow-on actions if necessary. Since the issuance of the NPRM, the 
Federal Aviation Administration (FAA) has issued another NPRM 
applicable to certain propellers, which addresses the identified unsafe 
condition. Accordingly, the proposed rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to add a new airworthiness 
directive (AD), applicable to all BAE Systems (Operations) Limited 
(Jetstream) Model 4101 airplanes, was published in the Federal Register 
as a Notice of Proposed Rulemaking (NPRM) on February 6, 2004 (69 FR 
5775). The proposed rule would have required revising the airplane 
flight manual to advise the flightcrew of special operating limitations 
associated with a reduction in airplane performance due to loss of 
propeller efficiency. That action also would have required installing 
placards in the flight compartment and operating the airplane per 
certain special operating limitations; or performing repetitive flight 
checks to verify the adequacy of the airplane's climb performance, and 
accomplishing follow-on actions if necessary. That action was prompted 
by a report indicating that a shortfall in engine performance, compared 
to the performance standards shown in the airplane flight manual (AFM), 
has been observed during climb-performance test flights. The proposed 
actions were intended to ensure that the flightcrew accounts for the 
potential loss of airplane performance due to loss of propeller 
efficiency, which could result in an increased risk of collision with 
terrain.

Actions that Occurred Since the NPRM Was Issued

    On October 24, 2007, we issued NPRM, Docket No. FAA-2006-25173, for 
McCauley Propeller Systems propeller models B5JFR36C1101/114GCA-0, 
C5JFR36C1102/L114GCA-0, B5JFR36C1103/114HCA-0, and C5JFR36C1104/
L114HCA-0. These propellers are installed on BAE Systems (Operations) 
Limited (Jetstream) Model 4100 and 4101 airplanes. That NPRM would 
require, for certain blades, fluorescent penetrant inspections (FPI) 
and eddy current inspections (ECI) of propeller blades for cracks based 
on hours time-in-service after the effective date of the AD, and if any 
crack indications are found, removal from service.
    Also, the NPRM would require inspecting for blunt leading edges of 
the

[[Page 72637]]

propeller blades while inspecting them for cracks, and if necessary, 
dressing any erosion before returning the blades to service. That NPRM 
results from our determination that we must require repetitive 
inspections for cracks, and from reports of blunt leading edges of the 
propeller blades due to erosion. We issued that NPRM to detect cracks 
in the propeller blade that could cause failure and separation of the 
propeller blade and loss of control of the airplane, and to detect 
blunt leading edges on the propeller blades, which could cause airplane 
single engine climb performance degradation and could result in an 
increased risk of collision with terrain.

FAA's Conclusions

    Upon further consideration, we have determined that, for all BAE 
Systems (Operations) Limited (Jetstream) Model 4101 airplanes, the 
proposed actions specified in NPRM, Docket No. FAA-2006-25173, more 
adequately address loss of propeller efficiency due to erosion or 
profile changes of the propeller blade's leading edge. Accordingly, the 
proposed rule is hereby withdrawn.
    Withdrawal of this NPRM constitutes only such action, and does not 
preclude the agency from issuing another action in the future, nor does 
it commit the agency to any course of action in the future.

Regulatory Impact

    Since this action only withdraws a notice of proposed rulemaking, 
it is neither a proposed nor a final rule and therefore is not covered 
under Executive Order 12866, the Regulatory Flexibility Act, or DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, the notice of proposed rulemaking, Docket 2002-NM-260-
AD, published in the Federal Register on February 6, 2004 (69 FR 5775), 
is withdrawn.

    Issued in Renton, Washington, on December 14, 2007.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-24821 Filed 12-20-07; 8:45 am]
BILLING CODE 4910-13-P