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Federal Register / Vol. 70, No.

8 / Wednesday, January 12, 2005 / Proposed Rules 2067

61772). The proposed rule would have in electrical shorting and arcing, and a Issued in Renton, Washington, on January
required installing shield assemblies for fire below the cabin floor. 3, 2005.
power feeder cables in the forward and Ali Bahrami,
Additionally, AD 94–09–02 references
aft lower cargo compartments, and McDonnell Douglas MD–80 Service Manager, Transport Airplane Directorate,
installing an additional shield for the Bulletin 24–100, dated March 30, 1988,
Aircraft Certification Service.
power feeder cable of the auxiliary [FR Doc. 05–613 Filed 1–11–05; 8:45 am]
as the appropriate source of service
power unit in the aft lower cargo BILLING CODE 4910–13–P
information for accomplishing the
compartment. That action was
prompted by several incidents of modification. The proposed rule
migration of power feeder cable troughs references McDonnell Douglas Alert DEPARTMENT OF TRANSPORTATION
on McDonnell Douglas Model DC–9–81 Service Bulletin MD80–24A100,
(MD–81), DC–9–82 (MD–82), DC–9–83 Revision 04, dated January 24, 2000, as Federal Aviation Administration
(MD–83), DC–9–87 (MD–87), and MD– the appropriate source of service
88 airplanes. The proposed actions were information for accomplishing the 14 CFR Part 39
intended to prevent a cable from chafing modification (installing shield
[Docket No. FAA–2005–20025; Directorate
against an edge of a lightening hole, assemblies for power feeder cables). Identifier 2004–NM–208–AD]
which could result in electrical arcing, Revision 04 was issued merely to
and consequent smoke/fire in the lower elevate the service bulletin to the ‘‘alert’’ RIN 2120–AA64
cargo compartments. status and to reference AD 94–09–02; no
additional work is required. All Airworthiness Directives; Airbus Model
Response to Comments airplanes affected by Revision 04 are A330, A340–200, and A340–300 Series
We have considered the comments also affected by the previous revisions Airplanes
that have been submitted on the of the service bulletin. AGENCY: Federal Aviation
proposed AD. One commenter points Administration (FAA), DOT.
The proposed rule does not contain
out that an existing AD, AD 94–09–02,
any new requirements beyond those ACTION: Notice of proposed rulemaking
amendment 39–8890 (59 FR 18720,
required by AD 94–09–02. (NPRM).
April 20, 1994), currently requires
accomplishment of the original issue of Accomplishment of the requirements of
AD 94–09–02 adequately addresses the SUMMARY: The FAA proposes to adopt a
Boeing Service Bulletin MD80–24–100. new airworthiness directive (AD) for all
The commenter further states that all identified unsafe condition.
Airbus Model A330, A340–200, and
affected airplanes listed in Revision 04 FAA’s Conclusions A340–300 series airplanes. This
of that service bulletin (referenced as proposed AD would require repetitive
the appropriate source of service Upon further consideration, the FAA inspections of a certain bracket that
information in the proposed rule) were has determined that the proposed attaches the flight deck instrument
affected by the previous revisions of that requirements are included in the panel to the airplane structure,
service bulletin, and that the proposed requirements of another existing AD; the replacement of the bracket with a new,
rule contains no new requirements proposed rule does not contain any new improved bracket, and related
beyond those required by the existing requirements beyond those of the investigative and corrective actions if
AD. existing AD. Accordingly, the proposed necessary. This proposed AD is
We agree. We have determined that rule is hereby withdrawn. prompted by reports of cracking of a
the requirements of the proposed rule certain bracket that attaches the flight
are included in the requirements of Withdrawal of this NPRM constitutes
only such action, and does not preclude deck instrument panel to the airplane
another existing AD. The existing AD,
the agency from issuing another action structure. We are proposing this AD to
AD 94–09–02, is applicable to certain
in the future, nor does it commit the detect and correct a cracked bracket.
McDonnell Douglas Model DC–9–81
agency to any course of action in the Failure of this bracket, combined with
(MD–81), DC–9–82 (MD–82), DC–9–83
future. failure of the horizontal beam, could
(MD–83), and DC–9–87 (MD–87) series
result in collapse of the left part of the
airplanes; and Model MD–88 airplanes; Regulatory Impact flight deck instrument panel, and
as listed in McDonnell Douglas MD–80
consequent reduced controllability of
Service Bulletin 24–94, Revision 1, Since this action only withdraws a
the airplane.
dated May 28, 1987, and McDonnell notice of proposed rulemaking, it is
Douglas Model MD–80 Service Bulletin DATES: We must receive comments on
neither a proposed nor a final rule and
24–100, dated March 30, 1988. That AD therefore is not covered under Executive this proposed AD by February 11, 2005.
requires an inspection to detect damage Order 12866, the Regulatory Flexibility ADDRESSES: Use one of the following
of the auxiliary power unit (APU) power Act, or DOT Regulatory Policies and addresses to submit comments on this
feeder cable installation, repair of Procedures (44 FR 11034, February 26, proposed AD.
damaged cables, modification of the 1979). • DOT Docket Web site: Go to
cable installation, and an inspection of http://dms.dot.gov and follow the
previously modified airplanes to List of Subjects in 14 CFR Part 39 instructions for sending your comments
determine whether a spacer or ‘‘stand electronically.
off’’ has been installed, and installation Air transportation, Aircraft, Aviation • Government-wide rulemaking Web
of those items, if necessary. That action safety, Safety. site: Go to http://www.regulations.gov
was prompted by reports of generator The Withdrawal and follow the instructions for sending
power feeder cables electrically shorting your comments electronically.
to the airplane structure due to chafing. Accordingly, the notice of proposed • Mail: Docket Management Facility,
The requirements of that AD are rulemaking, Docket 2000–NM–168–AD, U.S. Department of Transportation, 400
intended to prevent the APU power published in the Federal Register on Seventh Street, SW., Nassif Building,
feeder cable from chafing against October 30, 2003 (68 FR 61772), is room PL–401, Washington, DC 20590.
adjacent structures, which could result withdrawn. • By fax: (202) 493–2251.

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2068 Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Proposed Rules

• Hand Delivery: Room PL–401 on Facility office between 9 a.m. and 5 have examined the DGAC’s findings,
the plaza level of the Nassif Building, p.m., Monday through Friday, except evaluated all pertinent information, and
400 Seventh Street, SW., Washington, Federal holidays. The Docket determined that we need to issue an AD
DC, between 9 a.m. and 5 p.m., Monday Management Facility office (telephone for products of this type design that are
through Friday, except Federal holidays. (800) 647–5227) is located on the plaza certificated for operation in the United
For service information identified in level of the Nassif Building at the DOT States.
this proposed AD, contact Airbus, 1 street address stated in the ADDRESSES Therefore, we are proposing this AD,
Rond Point Maurice Belonte, 31707 section. Comments will be available in which would require accomplishing the
Blagnac Cedex, France. the AD docket shortly after the DMS actions specified in the service
You can examine the contents of this receives them. information described previously,
AD docket on the Internet at http:// except as discussed under ‘‘Differences
Discussion
dms.dot.gov, or in person at the Docket Among the Proposed AD, the French
Management Facility, U.S. Department The Direction Génénrale de l’Aviation Airworthiness Directives, and the
of Transportation, 400 Seventh Street, Civile (DGAC), which is the Service Information.’’ The proposed AD
SW., room PL–401, on the plaza level of airworthiness authority for France, would also require sending the
the Nassif Building, Washington, DC. notified us that an unsafe condition may inspection results for any cracked
This docket number is FAA–2005– exist on all Airbus Model A330, A340– bracket to Airbus.
20025; the directorate identifier for this 200, and A340–300 series airplanes. The
DGAC advises that a certain bracket, one Differences Among the Proposed AD,
docket is 2004–NM–208–AD. the French Airworthiness Directives,
of eight parts that attaches the flight
FOR FURTHER INFORMATION CONTACT: Tim and the Service Information
deck instrument panel to airplane
Backman, Aerospace Engineer, structure, has been found cracked on If you find both flanges of a subject
International Branch, ANM–116, FAA, several airplanes. In one case, the bracket broken, the service information
Transport Airplane Directorate, 1601 bracket was completely broken. The and French airworthiness directives F–
Lind Avenue, SW., Renton, Washington cracking has been attributed to 2004–140 and F–2004–141 instruct you
98055–4056; telephone (425) 227–2797; tightening of the bracket during to contact Airbus. This proposed AD
fax (425) 227–1149. assembly, combined with further effects would require that, if you find both
SUPPLEMENTARY INFORMATION: of differential pressure and flight loads. flanges of a bracket broken, before
Comments Invited Failure of the bracket cannot be detected further flight, you replace the bracket
without an inspection. If the horizontal and perform any applicable related
We invite you to submit any relevant beam also fails, failure of this bracket investigative and corrective actions in
written data, views, or arguments could lead to collapse of the left part of accordance with a method approved by
regarding this proposed AD. Send your the flight deck instrument panel, and the FAA or the DGAC (or its delegated
comments to an address listed under consequent reduced controllability of agent). These related investigative and
ADDRESSES. Include ‘‘Docket No. FAA– the airplane. corrective actions may include
2005–20025; Directorate Identifier inspections for damage to surrounding
2004–NM–208–AD’’ at the beginning of Relevant Service Information
structure caused by the broken bracket,
your comments. We specifically invite Airbus has issued Service Bulletins and corrective actions for any damage
comments on the overall regulatory, A330–25–3227 and A340–25–4230, both that is found.
economic, environmental, and energy including Appendix 01, both dated June For Model A330 series airplanes,
aspects of the proposed AD. We will 17, 2004. The service bulletins describe Airbus Service Bulletins A330–25–3227
consider all comments submitted by the procedures for performing repetitive and French airworthiness directive F–
closing date and may amend the detailed visual inspections of a certain 2004–140 specify an initial inspection
proposed AD in light of those bracket that attaches the flight deck threshold of 16,500 total flight cycles.
comments. instrument panel to airplane structure, This proposed AD would require you to
We will post all comments we and replacing the bracket with a new, perform the initial inspection prior to
receive, without change, to http:// improved bracket if necessary. If both the accumulation of 16,500 total flight
dms.dot.gov, including any personal flanges of the bracket are cracked, the cycles or within 60 days after the
information you provide. We will also service bulletin recommends contacting effective date of the AD, whichever is
post a report summarizing each Airbus for further action. The DGAC later. We have included a 60-day grace
substantive verbal contact with FAA mandated the service information and period to ensure that any airplane that
personnel concerning this proposed AD. issued French airworthiness directives is close to or has passed the 16,500-
Using the search function of our docket F–2004–140 and F–2004–141, both total-flight-cycle threshold is not
Web site, anyone can find and read the dated August 18, 2004, to ensure the grounded as of the effective date of the
comments in any of our dockets, continued airworthiness of these AD.
including the name of the individual airplanes in France.
who sent the comment (or signed the Clarification of Inspection Terminology
comment on behalf of an association, FAA’s Determination and Requirement
In this proposed AD, the ‘‘detailed
business, labor union, etc.) You can of the Proposed AD
visual inspection’’ specified in the
review the DOT’s complete Privacy Act These airplanes models are Airbus service bulletins is referred to as
Statement in the Federal Register manufactured in France and are type a ‘‘detailed inspection.’’ We have
published on April 11, 2000 (65 FR certificated for operation in the United included the definition for a detailed
19477–78), or you can visit http:// States under the provisions of § 21.29 of inspection in a note in the proposed AD.
dms.dot.gov. the Federal Aviation Regulations (14
CFR 21.29) and the applicable bilateral Interim Action
Examining the Docket airworthiness agreement. Pursuant to We consider this proposed AD
You can examine the AD docket on this bilateral airworthiness agreement, interim action. If final action is later
the Internet at http://dms.dot.go, or in the DGAC has kept the FAA informed identified, we may consider further
person at the Docket Management of the situation described above. We rulemaking then.

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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Proposed Rules 2069

Costs of Compliance this proposed AD. See the ADDRESSES airplane structure, in accordance with the
section for a location to examine the service bulletin.
This proposed AD would affect about (1) For Model A330 series airplanes: Prior
19 Model A330 series airplanes of U.S. regulatory evaluation.
to the accumulation of 16,500 total flight
registry. The proposed inspection would List of Subjects in 14 CFR Part 39 cycles, or within 60 days after the effective
take about 1 work hour per airplane, per date of this AD, whichever is later.
Air transportation, Aircraft, Aviation (2) For Model A340–200 and –300 series
inspection cycle, at an average labor rate safety, Safety.
of $65 per work hour. Based on these airplanes: Prior to the accumulation of 9,700
The Proposed Amendment total flight cycles, or within 2,700 flight
figures, the estimated cost of the cycles after the effective date of this AD,
proposed AD for U.S. operators is Accordingly, under the authority whichever is later.
$1,235, or $65 per airplane, per delegated to me by the Administrator, Note 1. For the purposes of this AD, a
inspection cycle. the FAA proposes to amend 14 CFR part detailed inspection is: ‘‘An intensive
There are currently no affected Model 39 as follows: examination of a specific item, installation,
A340–200 and –300 series airplanes of or assembly to detect damage, failure, or
U.S. registry. However, if one of these PART 39—AIRWORTHINESS irregularity. Available lighting is normally
airplanes is imported and put on the DIRECTIVES supplemented with a direct source of good
U.S. Register in the future, this cost lighting at an intensity deemed appropriate.
1. The authority citation for part 39 Inspection aids such as mirror, magnifying
estimate will also apply to those lenses, etc., may be necessary. Surface
continues to read as follows:
airplanes. cleaning and elaborate procedures may be
Authority: 49 U.S.C. 106(g), 40113, 44701. required.’’
Authority for This Rulemaking
§ 39.13 [Amended] No Cracking/Repetitive Inspections
The FAA’s authority to issue rules
regarding aviation safety is found in 2. The FAA amends § 39.13 by adding (h) If no cracking is found during the initial
Title 49 of the United States Code. the following new airworthiness inspection required by paragraph (g) of this
Subtitle I Section 106, describes the directive (AD): AD: Repeat the inspection thereafter at the
authority of the FAA Administrator. Airbus: Docket No. FAA–2005–20025; applicable interval specified in paragraph
Directorate Identifier 2004–NM–208–AD. (h)(1) or (h)(2) of this AD.
Subtitle VII, Aviation Programs, (1) For Model A330 series airplanes:
describes in more detail the scope of the Comments Due Date Intervals not to exceed 13,800 flight cycles.
agency’s authority. (a) The Federal Aviation Administration (2) For Model A340–200 and –300 series
This rulemaking is promulgated must receive comments on this AD action by airplanes: Intervals not to exceed 7,000 flight
under the authority described in February 11, 2005. cycles.
Subtitle VII, Part A, Subpart III, Section Crack Found/Replacement, Reporting, and
Affected ADs
44701, ‘‘General requirements.’’ Under Repetitive Inspections
that section, the FAA is charged with (b) None.
(i) If any cracking is found during any
promoting safe flight of civil aircraft in Applicability inspection required by paragraph (g) or (h) of
air commerce by prescribing regulations (c) This AD applies to all Airbus Model this AD: Do the actions in paragraphs (i)(1),
for practices, methods, and procedures A330, A340–200, and A340–300 series (i)(2), and (i)(3) of this AD, except as
the Administrator finds necessary for airplanes, certificated in any category. provided by paragraph (j) of this AD.
safety in air commerce. This regulation (1) Before further flight: Replace the
Unsafe Condition cracked bracket with a new, improved
is within the scope of that authority
(d) This AD was prompted by reports of bracket having P/N F2511012920095, in
because it addresses an unsafe condition
cracking of a certain bracket that attaches the accordance with the service bulletin.
that is likely to exist or develop on (2) Within 30 days after performing the
flight deck instrument panel to the airplane
products identified in this proposed AD. structure. We are issuing this AD to detect inspection, or within 30 days after the
Regulatory Findings and correct a cracked bracket. Failure of this effective date of this AD, whichever is later:
bracket, combined with failure of the Report the cracked fitting to Airbus,
We have determined that this horizontal beam, could result in collapse of Department AI/SE–A21, 1 Round Point
proposed AD would not have federalism the left part of the flight deck instrument Maurice Bellonte, 31707 Blagnac Cedex,
implications under Executive Order panel, and consequent reduced France. The report must include the airplane
13132. This proposed AD would not controllability of the airplane. serial number, the number of flight cycles
and flight hours on the airplane, the date of
have a substantial direct effect on the Compliance the inspection, and whether both flanges of
States, on the relationship between the (e) You are responsible for having the a bracket are broken. Submitting Appendix
national Government and the States, or actions required by this AD performed within 01 of the applicable service bulletin is
on the distribution of power and the compliance times specified, unless the acceptable for compliance with this
responsibilities among the various actions have already been done. paragraph. Under the provisions of the
levels of government. Paperwork Reduction Act of 1980 (44 U.S.C.
Service Bulletin Reference 3501 et seq.), the Office of Management and
For the reasons discussed above, I
(f) The term ‘‘service bulletin,’’ as used in Budget (OMB) has approved the information
certify that the proposed regulation: collection requirements contained in this AD
this AD, means the Accomplishment
1. Is not a ‘‘significant regulatory Instructions of Airbus Service Bulletins and has assigned OMB Control Number
action’’ under Executive Order 12866; A330–25–3227 (for Model A330 series 2120–0056.
2. Is not a ‘‘significant rule’’ under the airplanes) and A340–25–4230 (for Model (3) Inspect the replaced bracket at the time
DOT Regulatory Policies and Procedures A340–200 and –300 series airplanes), both specified in paragraph (i)(3)(i) or (i)(3)(ii) of
(44 FR 11034, February 26, 1979); and including Appendix 01, and both dated June this AD. Then, do repetitive inspections or
3. Will not have a significant 17, 2004, as applicable. replace the bracket as specified in paragraph
economic impact, positive or negative, (h) or (i) of this AD, as applicable.
Initial Inspection (i) For Model A330 series airplanes: Within
on a substantial number of small entities (g) At the applicable time specified in 16,500 flight cycles.
under the criteria of the Regulatory paragraph (g)(1) or (g)(2) of this AD, perform (ii) For Model A340–200 and –300 series
Flexibility Act. a detailed inspection of the bracket having airplanes: Within 9,700 flight cycles.
We prepared a regulatory evaluation part number (P/N) F2511012920000, which (j) If both flanges of a bracket are broken:
of the estimated costs to comply with attaches the flight deck instrument panel to Before further flight, replace the bracket and

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2070 Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Proposed Rules

perform any applicable related investigative DATES: We must receive any comments may review the DOT’s complete Privacy
and corrective actions (which may include on this proposed AD by February 11, Act Statement in the Federal Register
inspections for damage to surrounding 2005. published on April 11, 2000 (65 FR
structure caused by the broken bracket, and 19477–78), or you may visit http://
corrective actions for any damage that is ADDRESSES: Use one of the following to
found), in accordance with a method submit comments on this proposed AD: dms.dot.gov.
approved by the Manager, International • DOT Docket Web site: Go to Are there any specific portions of this
Branch, ANM–116, Transport Airplane http://dms.dot.gov and follow the proposed AD I should pay attention to?
Directorate, FAA; or the Direction Generale instructions for sending your comments We specifically invite comments on the
de l’Aviation Civile (DGAC) (or its delegated electronically. overall regulatory, economic,
agent). • Government-wide rulemaking Web environmental, and energy aspects of
site: Go to http://www.regulations.gov this proposed AD. If you contact us
Alternative Methods of Compliance
(AMOCs) and follow the instructions for sending through a nonwritten communication
your comments electronically. and that contact relates to a substantive
(k) The Manager, International Branch, part of this proposed AD, we will
ANM–116, has the authority to approve • Mail: Docket Management Facility;
AMOCs for this AD, if requested in U.S. Department of Transportation, 400 summarize the contact and place the
accordance with the procedures found in 14 Seventh Street, SW., Nassif Building, summary in the docket. We will
CFR 39.19. Room PL–401, Washington, DC 20590– consider all comments received by the
001. closing date and may amend this
Related Information proposed AD in light of those comments
• Fax: 1–202–493–2251.
(l) French airworthiness directives F– • Hand Delivery: Room PL–401 on and contacts.
2004–140 and F–2004–141, both dated
August 18, 2004, also address the subject of
the plaza level of the Nassif Building, Docket Information
this AD. 400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday Where can I go to view the docket
Issued in Renton, Washington, on through Friday, except Federal holidays. information? You may view the AD
December 30, 2004.
To get the service information docket that contains the proposal, any
Kevin M. Mullin, identified in this proposed AD, contact comments received, and any final
Acting Manager, Transport Airplane Eagle Aircraft (Malaysia) Sdn. Bhd., P.O. disposition in person at the DMS Docket
Directorate, Aircraft Certification Service. Box 1028, Pejabat Pos Besar, Melanka, Offices between 9 a.m. and 5 p.m.
[FR Doc. 05–612 Filed 1–11–05; 8:45 am] Malaysia, 75150; telephone: 011 (606) (eastern standard time), Monday
BILLING CODE 4910–13–M 317–4105; facsimile: 011 (606) 317– through Friday, except Federal holidays.
7213. The Docket Office (telephone 1–800–
To view the comments to this 647–5227) is located on the plaza level
DEPARTMENT OF TRANSPORTATION proposed AD, go to http://dms.dot.gov. of the Department of Transportation
This is docket number FAA–2004– NASSIF Building at the street address
Federal Aviation Administration 19897. stated in ADDRESSES. You may also view
the AD docket on the Internet at http:/
14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Karl /dms.dot.gov. The comments will be
Schletzbaum, Aerospace Engineer, available in the AD docket shortly after
Small Airplane Directorate, ACE–112, the DMS receives them.
[Docket No. FAA–2004–19897; Directorate
Identifier 2004–CE–45–AD] 901 Locust, Rm 301, Kansas City,
Missouri 64106; telephone: (816) 329– Discussion
4146; facsimile: (816) 329–4149. What events have caused this
RIN 2120–AA64
SUPPLEMENTARY INFORMATION: proposed AD? The Department of Civil
Airworthiness Directives; Eagle Aviation, Malaysia (DCA), which is the
Comments Invited
Aircraft (Malaysia) Sdn. Bhd. Model airworthiness authority for Malaysia,
Eagle 150B Airplanes How do I comment on this proposed recently notified FAA that an unsafe
AD? We invite you to submit any condition may exist on certain Eagle
AGENCY: Federal Aviation written relevant data, views, or Aircraft Sdn. Bhd. Model Eagle 150B
Administration (FAA), DOT. arguments regarding this proposal. Send airplanes. The DCA reports two
ACTION: Notice of proposed rulemaking your comments to an address listed incidents of the co-pilot rudder pedal
(NPRM). under ADDRESSES. Include the docket assembly, part number (P/N) 2720D07–
number, ‘‘FAA–2004–19897; Directorate 02, binding and becoming inoperable
SUMMARY: The FAA proposes to adopt a Identifier 2004–CE–45–AD’’ at the during flight.
new airworthiness directive (AD) for beginning of your comments. We will Investigation revealed that the two
certain Eagle Aircraft (Malaysia) Sdn. post all comments we receive, without incidents resulted from premature wear
Bhd. Model Eagle 150B airplanes. This change, to http://dms.dot.gov, including of the bushing, P/N 2720D08–39, in the
proposed AD would require you to any personal information you provide. co-pilot rudder pedal assembly.
modify or replace the co-pilot rudder We will also post a report summarizing Premature wear of the bushing allowed
pedal assembly. This proposed AD each substantive verbal contact with it to slide out of the housing resulting
results from mandatory continuing FAA personnel concerning this in excessive play between the co-pilot
airworthiness information (MCAI) proposed rulemaking. Using the search rudder pedal assembly and the shaft.
issued by the airworthiness authority for function of our docket Web site, anyone That condition caused the co-pilot
Malaysia. We are issuing this proposed can find and read the comments rudder control pushrod pivot, P/N
AD to prevent binding of the co-pilot received into any of our dockets, 2720D08–31/04, to bind with the co-
rudder pedal assembly due to premature including the name of the individual pilot pivot arms, P/N 2720D08–42.
wear of the bushing, which could result who sent the comment (or signed the Stronger material is now used to
in loss of co-pilot rudder and brake comment on behalf of an association, manufacture the bushing and it has also
control. This failure could result in loss business, labor union, etc.). This is been improved by including side
of control of the airplane. docket number FAA–2004–19897. You stoppers.

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