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44046 Federal Register / Vol. 70, No.

146 / Monday, August 1, 2005 / Rules and Regulations

starts September 1. Further, handlers are AvCraft Dornier Model 328–300 off valves, and other components of the
aware of this rule, which was airplanes. This AD requires modifying environmental control system; installing
recommended at a public meeting. Also, the electrical wiring of the fuel pumps; markings at fuel wiring harnesses;
a 15-day comment period was provided installing insulation at the flow control replacing the wiring harness of the
for in the proposed rule and four and shut-off valves, and other auxiliary fuel system with a new wiring
comments were received as discussed components of the environmental harness; and installing insulated
herein. control system; installing markings at couplings in the fuel system; as
fuel wiring harnesses; replacing the applicable. That action also proposed to
List of Subjects 7 CFR Part 996 wiring harness of the auxiliary fuel require revising the Airworthiness
Food grades and standards, Imports, system with a new wiring harness; and Limitations section of the Instructions
Peanuts, Reporting and recordkeeping installing insulated couplings in the fuel for Continued Airworthiness to
requirements. system; as applicable. This AD also incorporate new inspections of the fuel
■ For the reasons set forth in the requires revising the Airworthiness tank system.
preamble, 7 CFR part 996 is amended as Limitations section of the Instructions
for Continued Airworthiness to Comments
follows:
incorporate new inspections of the fuel We provided the public the
PART 996—MINIMUM QUALITY AND tank system. This AD is prompted by opportunity to participate in the
HANDLING STANDARDS FOR the results of fuel system reviews development of this AD. We have
DOMESTIC AND IMPORTED PEANUTS conducted by the airplane considered the single comment that was
MARKETED IN THE UNITED STATES manufacturer. We are issuing this AD to submitted on the proposed AD.
reduce the potential of ignition sources
■ 1. The authority citation for 7 CFR part inside fuel tanks, which, in combination Provide for Incorporation of Temporary
996 continues to read as follows: with flammable fuel vapors, could result Revision By Normal Revision Process
Authority: 7 U.S.C. 7958. in fuel tank explosions and consequent The commenter requests that we
loss of the airplane. revise paragraph (h) of the proposed AD
■ 2. Paragraph (b) of § 996.30 is revised DATES: This AD becomes effective to provide for incorporation of AvCraft
to read as follows: September 6, 2005. Temporary Revision (TR) ALD–028,
§ 996.30 Incoming quality standards. The incorporation by reference of dated October 15, 2003, into the body of
certain publications listed in the AD is the Airworthiness Limitations section of
(a) * * *
approved by the Director of the Federal the Instructions for Continued
(b) Moisture. Domestic and imported
Register as of September 6, 2005. Airworthiness document through the
peanuts shall be dried to 18 percent or
less prior to inspection and to 10.49 ADDRESSES: For service information normal revision process. The
percent or less prior to storing or identified in this AD, contact AvCraft commenter notes that the proposed AD,
milling: Provided, That Virginia-type Aerospace GmbH, P.O. Box 1103, D– as written, would require the TR to
peanuts used for seed shall be dried to 82230 Wessling, Germany. remain in the Airworthiness Limitations
18 percent or less prior to inspection Docket: The AD docket contains the section forever. However, once the
and to 11.49 percent or less prior to proposed AD, comments, and any final information in the TR is incorporated
storing or milling. disposition. You can examine the AD into the Airworthiness Limitations
docket on the Internet at http:// section through the normal revision
* * * * * dms.dot.gov, or in person at the Docket process, the TR document will be
Dated: July 27, 2005. Management Facility office between 9 unnecessary.
Kenneth C. Clayton, a.m. and 5 p.m., Monday through We agree. We have revised paragraph
Acting Administrator, Agricultural Marketing Friday, except Federal holidays. The (h) of this AD accordingly, and added a
Service. Docket Management Facility office new note, Note 1, to clarify the revised
[FR Doc. 05–15167 Filed 7–27–05; 4:10 pm] (telephone (800) 647–5227) is located on language in paragraph (h). These
BILLING CODE 3410–02–P the plaza level of the Nassif Building at changes will allow the TR to be
the U.S. Department of Transportation, removed from the Airworthiness
400 Seventh Street, SW., room PL–401, Limitations once the information in the
DEPARTMENT OF TRANSPORTATION Washington, DC. This docket number is TR has been incorporated into the
FAA–2005–21054; the directorate Airworthiness Limitations by the
Federal Aviation Administration identifier for this docket is 2005–NM– normal revision process.
054–AD.
FOR FURTHER INFORMATION CONTACT: Dan
Explanation of Change to Applicability
14 CFR Part 39
Rodina, Aerospace Engineer, We have revised the applicability of
[Docket No. FAA–2005–21054; Directorate
Identifier 2005–NM–054–AD; Amendment
International Branch, ANM–116, FAA, this AD to identify model designations
39–14205; AD 2005–15–16] Transport Airplane Directorate, 1601 as published in the most recent type
Lind Avenue, SW., Renton, Washington certificate data sheet for the affected
RIN 2120–AA64 98055–4056; telephone (425) 227–2125; model.
fax (425) 227–1149.
Airworthiness Directives; AvCraft Explanation of Changes to Tables 1 and
SUPPLEMENTARY INFORMATION: The FAA
Dornier Model 328–300 Airplanes 2 of Proposed AD
proposed to amend 14 CFR part 39 with
AGENCY: Federal Aviation an AD for certain AvCraft Dornier Tables 1 and 2 of the proposed AD
Administration (FAA), Department of Model 328–300 airplanes. That action, incorrectly referred to paragraphs that
Transportation (DOT). published in the Federal Register on do not exist in the referenced service
ACTION: Final rule. April 26, 2005 (70 FR 21346), proposed bulletins. We have revised Tables 1 and
to require modifying the electrical 2 of this AD to refer to the correct
SUMMARY: The FAA is adopting a new wiring of the fuel pumps; installing paragraphs in the referenced service
airworthiness directive (AD) for certain insulation at the flow control and shut- bulletins.

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Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Rules and Regulations 44047

Conclusion public interest require adopting the AD Costs of Compliance


with the changes described previously.
We have carefully reviewed the We have determined that these changes The following table provides the
available data, including the comment will neither increase the economic estimated costs for U.S. operators to
that has been submitted, and burden on any operator nor increase the comply with this AD. The average labor
determined that air safety and the scope of the AD. rate is $65 per hour.

ESTIMATED COSTS
Work Number of U.S.-registered Cost per
For airplanes— Parts Fleet cost
hours airplanes airplane

With option 033F003 installed ......... 95 $9,402 Currently, none of these affected $15,577 if an affected airplane is None.
airplanes are on the U.S. Reg- imported and placed on the U.S.
ister. Register in the future.
Without option 033F003 installed .... 70 14,118 47 .................................................... 18,668 ............................................. $877,396.

Authority for This Rulemaking (2) Is not a ‘‘significant rule’’ under FAA–2005–21054; Directorate Identifier
DOT Regulatory Policies and Procedures 2005–NM–054–AD.
Title 49 of the United States Code
specifies the FAA’s authority to issue (44 FR 11034, February 26, 1979); and Effective Date
rules on aviation safety. Subtitle I, (3) Will not have a significant
economic impact, positive or negative, (a) This AD becomes effective September 6,
Section 106, describes the authority of 2005.
the FAA Administrator. Subtitle VII, on a substantial number of small entities
Aviation Programs, describes in more under the criteria of the Regulatory Affected ADs
detail the scope of the Agency’s Flexibility Act. (b) None.
authority. We prepared a regulatory evaluation
We are issuing this rulemaking under of the estimated costs to comply with Applicability
the authority described in Subtitle VII, this AD. See the ADDRESSES section for (c) This AD applies to AvCraft Dornier
Part A, Subpart III, Section 44701, a location to examine the regulatory Model 328–300 airplanes, certificated in any
‘‘General requirements.’’ Under that evaluation. category, serial numbers 3105 through 3223
section, Congress charges the FAA with inclusive.
List of Subjects in 14 CFR Part 39
promoting safe flight of civil aircraft in Unsafe Condition
air commerce by prescribing regulations Air transportation, Aircraft, Aviation
for practices, methods, and procedures safety, Incorporation by reference, (d) This AD was prompted by the results
the Administrator finds necessary for Safety. of fuel system reviews conducted by the
safety in air commerce. This regulation airplane manufacturer. We are issuing this
Adoption of the Amendment AD to reduce the potential of ignition sources
is within the scope of that authority
■ Accordingly, under the authority inside fuel tanks, which, in combination with
because it addresses an unsafe condition
delegated to me by the Administrator, flammable fuel vapors, could result in fuel
that is likely to exist or develop on
the FAA amends 14 CFR part 39 as tank explosions and consequent loss of the
products identified in this rulemaking
follows: airplane.
action.
Compliance
Regulatory Findings PART 39—AIRWORTHINESS
(e) You are responsible for having the
We have determined that this AD will DIRECTIVES
actions required by this AD performed within
not have federalism implications under
■ 1. The authority citation for part 39 the compliance times specified, unless the
Executive Order 13132. This AD will actions have already been done.
continues to read as follows:
not have a substantial direct effect on
the States, on the relationship between Authority: 49 U.S.C. 106(g), 40113, 44701. Without Option 033F003 Installed:
the national government and the States, Modification and Installations
§ 39.13 [Amended]
or on the distribution of power and (f) For airplanes without option 033F003
responsibilities among the various ■ 2. The FAA amends § 39.13 by adding installed: Within 12 months after the
levels of government. the following new airworthiness effective date of this AD, do the actions in
For the reasons discussed above, I directive (AD): Table 1 of this AD in accordance with the
certify that this AD: 2005–15–16 Avcraft Aerospace GmbH Accomplishment Instructions of AvCraft
(1) Is not a ‘‘significant regulatory (Formerly Fairchild Dornier GmbH): Service Bulletin SB–328J–00–197, dated
action’’ under Executive Order 12866; Amendment 39–14205. Docket No. August 23, 2004.

TABLE 1.—REQUIREMENTS FOR AIRPLANES WITHOUT OPTION 033F003 INSTALLED


Do the following actions— By accomplishing all the actions specified in—

(1) Modify the electrical wiring of the left-hand and right-hand fuel Paragraph 1.B(1) of the service bulletin.
pumps.
(2) Install insulation at the left-hand and right-hand flow control and Paragraph 1.B(2) of the service bulletin.
shut-off valves and other components of the environmental control
system.
(3) Install markings at fuel wiring harnesses ........................................... Paragraph 1.B(3) of the service bulletin.

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44048 Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Rules and Regulations

With Option 033F003 Installed: effective date of this AD, do the actions in Service Bulletin SB–328J–00–198, dated
Modification, Replacement, and Installation Table 2 of this AD in accordance with the August 23, 2004.
(g) For airplanes with option 033F003 Accomplishment Instructions of AvCraft
installed: Within 12 months after the

TABLE 2.—REQUIREMENTS FOR AIRPLANES WITH OPTION 033F003 INSTALLED


Do the following actions— By accomplishing all the actions specified in—

(1) Modify the electrical wiring of the left-hand and right-hand fuel Paragraph 2.B(1) of the service bulletin.
pumps.
(2) Replace the wiring harness of the auxiliary fuel system with a new Paragraph 2.B(2) of the service bulletin.
wiring harness.
(3) Install markings at fuel wiring harnesses ........................................... Paragraph 2.B(3) of the service bulletin.
(4) Install insulated couplings in the fuel system ..................................... Paragraph 2.B(5) of the service bulletin.

Revision to Airworthiness Limitations inserted into the revised Airworthiness that are required by this AD, unless the AD
(h) Within 12 months after the effective Limitations document. specifies otherwise. (Only the odd-numbered
pages of AvCraft Service Bulletins SB–328J–
date of this AD, revise the Airworthiness Alternative Methods of Compliance 00–197 and SB–328J–00–198 contain the
Limitations section of the Instructions for (AMOCs) issue date of the documents.) The Director of
Continued Airworthiness to incorporate the the Federal Register approves the
(i) The Manager, International Branch,
information in AvCraft Temporary Revision ANM–116, Transport Airplane Directorate, incorporation by reference of these
(TR) ALD–028, dated October 15, 2003, into FAA, has the authority to approve AMOCs documents in accordance with 5 U.S.C.
the AvCraft 328JET Airworthiness for this AD, if requested in accordance with 552(a) and 1 CFR part 51. To get copies of
Limitations Document. Thereafter, except as the procedures found in 14 CFR 39.19. the service information, contact AvCraft
provided in paragraph (i) of this AD, no Aerospace GmbH, P.O. Box 1103, D–82230
alternative inspection intervals may be Related Information Wessling, Germany. To view the AD docket,
approved for this fuel tank system. (j) German airworthiness directives D– go to the Docket Management Facility, U.S.
2005–002 (for airplanes with option 033F003 Department of Transportation, 400 Seventh
Note 1: This may be done by inserting a
installed) and D–2005–063 (for airplanes Street SW., room PL–401, Nassif Building,
copy of AvCraft TR ALD–028, dated October Washington, DC. To review copies of the
without option 033F003 installed), both
15, 2003, in the AvCraft 328JET service information, go to the National
dated January 26, 2005, also address the
Airworthiness Limitations Document. When subject of this AD. Archives and Records Administration
this TR has been included in general (NARA). For information on the availability
revisions of the AvCraft 328JET Material Incorporated by Reference of this material at the NARA, call (202) 741–
Airworthiness Limitations Document, the (k) You must use the applicable documents 6030, or go to http://www.archives.gov/
temporary revision no longer needs to be in Table 3 of this AD to perform the actions federal-register/cfr/ibr-locations.html.

TABLE 3.—MATERIAL INCORPORATED BY REFERENCE


Service information Date

AvCraft Service Bulletin SB–328J–00–197, including Price Information Sheet ..................................................................... August 23, 2004.
AvCraft Service Bulletin SB–328J–00–198, including Price Information Sheet ..................................................................... August 23, 2004.
AvCraft Temporary Revision ALD–028 to the AvCraft 328JET Airworthiness Limitations Document ................................... October 15, 2003.

Issued in Renton, Washington, on July 20, DEPARTMENT OF HEALTH AND NADA 140–828, sponsored by Bayer
2005. HUMAN SERVICES Corp., provides for use of enrofloxacin
Kevin M. Mullin, to treat poultry. In a notice published
Acting Manager, Transport Airplane Food and Drug Administration elsewhere in this issue of the Federal
Directorate, Aircraft Certification Service. Register, FDA is announcing the
[FR Doc. 05–14789 Filed 7–29–05; 8:45 am] 21 CFR Parts 520 and 556 availability of the final decision
[Docket No. 2000N–1571]
withdrawing approval of this NADA.
BILLING CODE 4910–13–P
DATES: This rule is effective September
Animal Drugs, Feeds, and Related 12, 2005.
Products; Enrofloxacin for Poultry; FOR FURTHER INFORMATION CONTACT: Erik
Withdrawal of Approval of New Animal P. Mettler, Office of Policy (HF–11),
Drug Application Food and Drug Administration, 5600
AGENCY: Food and Drug Administration, Fishers Lane, Rockville, MD 20857,
HHS. 301–827–3360.
ACTION: Final rule. SUPPLEMENTARY INFORMATION: On
October 31, 2000, FDA’s Center for
SUMMARY: The Food and Drug Veterinary Medicine (CVM) proposed to
Administration (FDA) is amending the withdraw the approval of the NADA
animal drug regulations by removing the 140–828 for the use in chickens and
portions reflecting approval of a new turkeys of enrofloxacin, an
animal drug application (NADA) for antimicrobial drug belonging to a class
which FDA has withdrawn approval. of drugs known as fluoroquinolones (65

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