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35516 Federal Register / Vol. 70, No.

118 / Tuesday, June 21, 2005 / Rules and Regulations

Alternative Methods of Compliance effective November 11, 2003; also address the Aerospace GmbH, P.O. Box 1103, D–82230
(AMOCs) subject of this AD. Wessling, Germany. To view the AD docket,
(h) The Manager, International Branch, go to the Docket Management Facility, U.S.
Material Incorporated by Reference Department of Transportation, 400 Seventh
ANM–116, Transport Airplane Directorate, (j) You must use the applicable service Street SW., room PL–401, Nassif Building,
FAA, has the authority to approve AMOCs bulletins in Table 2 of this AD to perform the Washington, DC. To review copies of the
for this AD, if requested in accordance with actions that are required by this AD, unless service information, go to the National
the procedures found in 14 CFR 39.19. the AD specifies otherwise. The Director of Archives and Records Administration
the Federal Register approves the (NARA). For information on the availability
Related Information
incorporation by reference of these of this material at the NARA, call (202) 741–
(i) German airworthiness directive 2003– documents in accordance with 5 U.S.C. 6030, or go to http://www.archives.gov/
376, effective November 11, 2003; and 552(a) and 1 CFR part 51. To get copies of federal_register/code_of_federal_regulations/
German airworthiness directive 2003–377, the service information, contact AvCraft ibr_locations.html.

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE


Dornier service bulletin Revision level Date

SB–328–27–290 ...................................................................... 1 ............................................................................................... December 8,


2000.
SB–328–27–291 ...................................................................... 1 ............................................................................................... December 8,
2000.
SB–328–27–292 ...................................................................... 1 ............................................................................................... December 8,
2000.
SB–328–27–436 ...................................................................... 1 ............................................................................................... April 15, 2003.
SB–328J–27–035 ..................................................................... Original ..................................................................................... April 25, 2000.
SB–328J–27–036 ..................................................................... Original ..................................................................................... April 25, 2000.
SB–328J–27–037 ..................................................................... Original ..................................................................................... April 25, 2000.
SB–328J–27–176 ..................................................................... 1 ............................................................................................... April 15, 2003.

Issued in Renton, Washington, on June 10, lines, causing fluids to collect. These 98055–4056; telephone (425) 227–2125;
2005. fluids may freeze and expand, damaging fax (425) 227–1149.
Michael J. Kaszycki, the drain lines, and allowing fuel to leak SUPPLEMENTARY INFORMATION: The FAA
Acting Manager, Transport Airplane into the cabin and fuel vapors to come proposed to amend 14 CFR part 39 with
Directorate, Aircraft Certification Service. into contact with ignition sources, an AD for certain Avcraft Dornier Model
[FR Doc. 05–12001 Filed 6–20–05; 8:45 am] which could result in consequent fire in 328–100 and –300 series airplanes. That
BILLING CODE 4910–13–P the cabin. action, published in the Federal
DATES: This AD becomes effective July Register on April 6, 2005 (70 FR 17357),
26, 2005. proposed to require a pressure test and
DEPARTMENT OF TRANSPORTATION The incorporation by reference of detailed inspection of each fuselage
certain publications listed in the AD is drain line to determine if there is a
Federal Aviation Administration blockage, and related investigative/
approved by the Director of the Federal
Register as of July 26, 2005. corrective actions if necessary.
14 CFR Part 39
ADDRESSES: For service information Comments
[Docket No. FAA–2005–20866; Directorate identified in this AD, contact AvCraft
Identifier 2004–NM–258–AD; Amendment We provided the public the
Aerospace GmbH, P.O. Box 1103, D– opportunity to participate in the
39–14140; AD 2005–13–04]
82230 Wessling, Germany. development of this AD. No comments
RIN 2120–AA64 Docket: The AD docket contains the have been submitted on the proposed
proposed AD, comments, and any final AD or on the determination of the cost
Airworthiness Directives; Avcraft disposition. You can examine the AD
Dornier Model 328–100 and –300 to the public.
docket on the Internet at http://
Airplanes dms.dot.gov, or in person at the Docket Explanation of Change to Applicability
AGENCY: Federal Aviation Management Facility office between 9 We have revised the applicability of
Administration (FAA), Department of a.m. and 5 p.m., Monday through the proposed AD to identify model
Transportation (DOT). Friday, except Federal holidays. The designations as published in the most
Docket Management Facility office recent type certificate data sheet for the
ACTION: Final rule.
(telephone (800) 647–5227) is located on affected models. In addition, we noticed
SUMMARY: The FAA is adopting a new the plaza level of the Nassif Building at that we had inadvertently reversed the
airworthiness directive (AD) for certain the U.S. Department of Transportation, qualifiers of the airplane models
Avcraft Dornier Model 328–100 and 400 Seventh Street SW., room PL–401, specified in the applicability of the
–300 airplanes. This AD requires a Washington, DC. This docket number is proposed AD. The applicability for this
pressure test and detailed inspection of FAA–2005–20866; the directorate AD has been corrected for this AD and
each fuselage drain line to determine if identifier for this docket is 2004–NM– now reads, ‘‘This AD applies to Avcraft
there is a blockage, and related 258–AD. Dornier Model 328–100 series airplanes
investigative/corrective actions if FOR FURTHER INFORMATION CONTACT: Dan having serial numbers 3005 through
necessary. This AD is prompted by a Rodina, Aerospace Engineer, 3119 inclusive, and Avcraft Dornier
report of leakage at one of the drain International Branch, ANM–116, FAA, Model 328–300 series airplanes without
lines in the fuselage. We are issuing this Transport Airplane Directorate, 1601 option 033F003 ‘‘Extended Range’’
AD to prevent blockage within the drain Lind Avenue, SW., Renton, Washington installed; certificated in any category.’’

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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations 35517

Conclusion neither increase the economic burden Model 328–300 airplanes of U.S.
We have carefully reviewed the on any operator nor increase the scope registry. The following table provides
available data and determined that air of the AD. the estimated costs for U.S. operators to
safety and the public interest require comply with this AD.
Costs of Compliance
adopting the AD with the changes
described previously. We have We estimate that this AD affects about
determined that these changes will 53 Model 328–100 airplanes and 57

ESTIMATED COSTS
Number of
Average labor Cost per
Action Work hours Parts U.S.-registered Fleet cost
rate per hour airplane airplanes

Pressure test ....................... 2 $65 None ................................... $130 110 $14,300


Detailed inspection .............. 5 65 None ................................... 325 110 35,750

Authority for this Rulemaking a location to examine the regulatory sources, which could result in consequent
evaluation. fire in the cabin.
Title 49 of the United States Code
specifies the FAA’s authority to issue List of Subjects in 14 CFR Part 39 Compliance
rules on aviation safety. Subtitle I, (e) You are responsible for having the
Air transportation, Aircraft, Aviation actions required by this AD performed within
Section 106, describes the authority of safety, Incorporation by reference,
the FAA Administrator. Subtitle VII, the compliance times specified, unless the
Safety. actions have already been done.
Aviation Programs, describes in more
detail the scope of the Agency’s Adoption of the Amendment Initial Pressure Test
authority. ■ Accordingly, under the authority (f) Within 4 months after the effective date
We are issuing this rulemaking under delegated to me by the Administrator, of this AD: Perform an initial pressure test
the authority described in Subtitle VII, and any applicable related investigative and
the FAA amends 14 CFR part 39 as corrective actions in accordance with the
Part A, Subpart III, Section 44701, follows: Accomplishment Instructions of Avcraft
‘‘General requirements.’’ Under that
Service Bulletin SB–328–53–462, Revision 1,
section, Congress charges the FAA with PART 39—AIRWORTHINESS dated July 15, 2004 (for Model 328–100 series
promoting safe flight of civil aircraft in DIRECTIVES airplanes); or SB–328J–53–214, Revision 1,
air commerce by prescribing regulations dated July 15, 2004 (for Model 328–300 series
for practices, methods, and procedures ■ 1. The authority citation for part 39 airplanes); as applicable. Do any applicable
the Administrator finds necessary for continues to read as follows: related investigative or corrective action
safety in air commerce. This regulation Authority: 49 U.S.C. 106(g), 40113, 44701. before further flight.
is within the scope of that authority Detailed Inspection
§ 39.13 [Amended]
because it addresses an unsafe condition (g) After doing the pressure test required by
that is likely to exist or develop on ■ 2. The FAA amends § 39.13 by adding
the following new airworthiness paragraph (f) of this AD, but not later than
products identified in this rulemaking 24 months after the effective date of this AD:
action. directive (AD): Perform a detailed inspection and related
2005–13–04 AvCraft Aerospace Gmbh investigative and corrective actions, in
Regulatory Findings (Formerly Fairchild Dornier GmbH): accordance with Part 2 of the
We have determined that this AD will Amendment 39–14140. Docket No. Accomplishment Instructions of Avcraft
FAA–2005–20866; Directorate Identifier Service Bulletin SB–328–53–462, Revision 1,
not have federalism implications under
2004-NM–258-AD. dated July 15, 2004; or SB–328J–53–214,
Executive Order 13132. This AD will Revision 1, dated July 15, 2004; as
not have a substantial direct effect on Effective Date
applicable.
the States, on the relationship between (a) This AD becomes effective July 26, Note 1: For the purposes of this AD, a
the national government and the States, 2005. detailed inspection is: ‘‘An intensive
or on the distribution of power and Affected ADs examination of a specific item, installation,
responsibilities among the various or assembly to detect damage, failure, or
(b) None.
levels of government. irregularity. Available lighting is normally
For the reasons discussed above, I Applicability supplemented with a direct source of good
certify that this AD: (c) This AD applies to AvCraft Dornier lighting at an intensity deemed appropriate.
Model 328–100 series airplanes having serial Inspection aids such as mirror, magnifying
(1) Is not a ‘‘significant regulatory lenses, etc., may be necessary. Surface
action’’ under Executive Order 12866; numbers 3005 through 3119 inclusive, and
AvCraft Dornier Model 328–300 series cleaning and elaborate procedures may be
(2) Is not a ‘‘significant rule’’ under airplanes without option 033F003 ‘‘Extended required.’’
DOT Regulatory Policies and Procedures Range’’ installed; certificated in any category.
(44 FR 11034, February 26, 1979); and Alternative Methods of Compliance
(3) Will not have a significant Unsafe Condition (AMOCs)
economic impact, positive or negative, (d) This AD was prompted by a report of (h) The Manager, International Branch,
on a substantial number of small entities leakage at one of the drain lines in the ANM–116, Transport Airplane Directorate,
fuselage. We are issuing this AD to prevent FAA, has the authority to approve AMOCs
under the criteria of the Regulatory
blockage within the drain lines, causing for this AD, if requested in accordance with
Flexibility Act. fluids to collect. These fluids may freeze and the procedures found in 14 CFR 39.19.
We prepared a regulatory evaluation expand, damaging the drain lines, and Related Information
of the estimated costs to comply with allowing fuel to leak into the cabin and fuel (i) German airworthiness directives D–
this AD. See the ADDRESSES section for vapors to come into contact with ignition 2004–448 and D–2004–449, both effective

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35518 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations

October 14, 2004, also address the subject of ECS bay is higher than the certificated development of this AD. No comments
this AD. maximum temperature for this area. We have been submitted on the proposed
Material Incorporated by Reference are issuing this AD to prevent the AD or on the determination of the cost
(j) You must use Avcraft Dornier Service
potential for ignition of fuel or to the public.
Bulletin SB–328–53–462, Revision 1, dated hydraulic fluid, which could leak from
Conclusion
July 15, 2004; or Avcraft Dornier Service pipes running through the ECS bay.
Bulletin SB–328J–53–214, Revision 1, dated Ignition of these flammable fluids could We have carefully reviewed the
July 15, 2004; as applicable, to perform the result in a fire in the ECS bay. available data and determined that air
actions that are required by this AD, unless DATES: This AD becomes effective July safety and the public interest require
the AD specifies otherwise. The Director of 26, 2005. adopting the AD with the change
the Federal Register approves the The incorporation by reference of a described previously. We have
incorporation by reference of these determined that this change will neither
documents in accordance with 5 U.S.C.
certain publication listed in the AD is
approved by the Director of the Federal increase the economic burden on any
552(a) and 1 CFR part 51. To get copies of
Register as of July 26, 2005. operator nor increase the scope of the
the service information, contact AvCraft
Aerospace GmbH, P.O. Box 1103, D–82230 ADDRESSES: For service information
AD.
Wessling, Germany. To view the AD docket, identified in this AD, contact British Costs of Compliance
go to the Docket Management Facility, U.S. Aerospace Regional Aircraft American
Department of Transportation, 400 Seventh This AD will affect about 65 airplanes
Support, 13850 Mclearen Road, of U.S. registry. The actions will take
Street SW., room PL–401, Nassif Building,
Herndon, Virginia 20171. about 1 work hour per airplane, at an
Washington, DC. To review copies of the
service information, go to the National
Docket: The AD docket contains the
average labor rate of $65 per work hour.
Archives and Records Administration proposed AD, comments, and any final
Required parts will cost about $3,766
(NARA). For information on the availability disposition. You can examine the AD
per airplane. Based on these figures, the
of this material at the NARA, call (202) 741– docket on the Internet at http://
estimated cost of the AD for U.S.
6030, or go to http://www.archives.gov/ dms.dot.gov, or in person at the Docket
federal_register/code_of_federal_regulations/
operators is $249,015, or $3,831 per
Management Facility office between 9
ibr_locations.html. airplane.
a.m. and 5 p.m., Monday through
Issued in Renton, Washington, on June 10, Friday, except Federal holidays. The Authority for This Rulemaking
2005. Docket Management Facility office Title 49 of the United States Code
Michael J. Kaszycki, (telephone (800) 647–5227) is located on specifies the FAA’s authority to issue
Acting Manager, Transport Airplane the plaza level of the Nassif Building at rules on aviation safety. Subtitle I,
Directorate, Aircraft Certification Service. the U.S. Department of Transportation, Section 106, describes the authority of
[FR Doc. 05–12003 Filed 6–20–05; 8:45 am] 400 Seventh Street SW., room PL–401, the FAA Administrator. Subtitle VII,
BILLING CODE 4910–13–P
Washington, DC. This docket number is Aviation Programs, describes in more
FAA–2005–20757; the directorate detail the scope of the Agency’s
identifier for this docket is 2004-NM– authority.
DEPARTMENT OF TRANSPORTATION 192-AD. We are issuing this rulemaking under
FOR FURTHER INFORMATION CONTACT: Dan the authority described in Subtitle VII,
Federal Aviation Administration Rodina, Aerospace Engineer, Part A, Subpart III, Section 44701,
International Branch, ANM–116, FAA, ‘‘General requirements.’’ Under that
14 CFR Part 39 Transport Airplane Directorate, 1601 section, Congress charges the FAA with
[Docket No. FAA–2005–20757; Directorate Lind Avenue, SW., Renton, Washington promoting safe flight of civil aircraft in
Identifier 2004–NM–192–AD; Amendment 98055–4056; telephone (425) 227–2125; air commerce by prescribing regulations
39–14142; AD 2005–13–06] fax (425) 227–1149. for practices, methods, and procedures
RIN 2120–AA64 SUPPLEMENTARY INFORMATION: The FAA the Administrator finds necessary for
proposed to amend 14 CFR part 39 with safety in air commerce. This regulation
Airworthiness Directives; BAE an AD for certain BAE Systems is within the scope of that authority
Systems (Operations) Limited Model (Operations) Limited Model BAe 146 because it addresses an unsafe condition
BAe 146 and Avro 146–RJ Airplanes and Avro 146–RJ airplanes. That action, that is likely to exist or develop on
published in the Federal Register on products identified in this rulemaking
AGENCY: Federal Aviation March 30, 2005 (70 FR 16185), proposed action.
Administration (FAA), Department of to require modifying the auxiliary
Transportation (DOT). Regulatory Findings
power unit (APU) exhaust duct in the
ACTION: Final rule. environmental control system bay; We have determined that this AD will
installing new, improved insulation on not have federalism implications under
SUMMARY: The FAA is adopting a new this APU exhaust duct; and replacing Executive Order 13132. This AD will
airworthiness directive (AD) for certain the existing drain pipe with a new not have a substantial direct effect on
BAE Systems (Operations) Limited exhaust drain pipe blank. the States, on the relationship between
Model BAe 146 and Avro 146–RJ the national government and the States,
airplanes. This AD requires modifying Explanation of Change to Applicability or on the distribution of power and
the auxiliary power unit (APU) exhaust We have revised the applicability of responsibilities among the various
duct in the environmental control the proposed AD to identify model levels of government.
system (ECS) bay; installing new, designations as published in the most For the reasons discussed above, I
improved insulation on this APU recent type certificate data sheet for the certify that this AD:
exhaust duct; and replacing the existing affected models. (1) Is not a ‘‘significant regulatory
drain pipe with a new exhaust drain action’’ under Executive Order 12866;
pipe blank. This AD is prompted by a Comments (2) Is not a ‘‘significant rule’’ under
determination that the temperature of We provided the public the DOT Regulatory Policies and Procedures
the skin of the APU exhaust duct in the opportunity to participate in the (44 FR 11034, February 26, 1979); and

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