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28186 Federal Register / Vol. 70, No.

94 / Tuesday, May 17, 2005 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Westbury, New York 11590; telephone not have a substantial direct effect on
(516) 228–7320; fax (516) 794–5531. the States, on the relationship between
Federal Aviation Administration SUPPLEMENTARY INFORMATION: The FAA the national government and the States,
proposed to amend 14 CFR part 39 with or on the distribution of power and
14 CFR Part 39 an AD for certain Bombardier Model responsibilities among the various
[Docket No. FAA–2005–20481; Directorate DHC–8–102, –103, –106, –201, –202, levels of government.
Identifier 2004–NM–183–AD; Amendment –301, –311, and –315 airplanes. That For the reasons discussed above, I
39–14085; AD 2005–10–08] action, published in the Federal certify that this AD:
Register on March 8, 2005 (70 FR (1) Is not a ‘‘significant regulatory
RIN 2120–AA64 action’’ under Executive Order 12866;
11168), proposed to require operators to
install torque tube catchers on the (2) Is not a ‘‘significant rule’’ under
Airworthiness Directives; Bombardier DOT Regulatory Policies and Procedures
Model DHC–8–102, –103, –106, –201, control columns of the flight controls.
(44 FR 11034, February 26, 1979); and
–202, –301, –311, and –315 Airplanes Comments (3) Will not have a significant
AGENCY: Federal Aviation We provided the public the economic impact, positive or negative,
Administration (FAA), Department of opportunity to participate in the on a substantial number of small entities
Transportation (DOT). development of this AD. We have under the criteria of the Regulatory
ACTION: Final rule. considered the comment that has been Flexibility Act.
submitted on the proposed AD. The We prepared a regulatory evaluation
SUMMARY: The FAA is adopting a new commenter supports the proposed AD. of the estimated costs to comply with
airworthiness directive (AD) for certain this AD. See the ADDRESSES section for
Bombardier Model DHC–8–102, –103, Conclusion a location to examine the regulatory
–106, –201, –202, –301, –311, and –315 We have carefully reviewed the evaluation.
airplanes. This AD requires operators to available data, including the comment List of Subjects in 14 CFR Part 39
install torque tube catchers on the that has been submitted, and
control columns of the flight controls. determined that air safety and the Air transportation, Aircraft, Aviation
This AD is prompted by the discovery public interest require adopting the AD safety, Incorporation by reference,
that a single malfunction of the torque as proposed. Safety.
tube could result in both flight control Adoption of the Amendment
Costs of Compliance
columns being supported by only one
self-aligning bearing. We are issuing this This AD will affect about 160 ■ Accordingly, under the authority
AD to prevent the torque tube from airplanes of U.S. registry. The actions delegated to me by the Administrator,
fouling against the underfloor control will take about 9 work hours per the FAA amends 14 CFR part 39 as
cables, which could result in reduced airplane, at an average labor rate of $65 follows:
controllability of the airplane. per work hour. Required parts will cost
about $490 per airplane. Based on these PART 39—AIRWORTHINESS
DATES: This AD becomes effective June DIRECTIVES
21, 2005. figures, the estimated cost of the AD for
The incorporation by reference of a U.S. operators is $172,000, or $1,075 per ■ 1. The authority citation for part 39
certain publication listed in the AD is airplane. continues to read as follows:
approved by the Director of the Federal Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701.
Register as of June 21, 2005.
Title 49 of the United States Code § 39.13 [Amended]
ADDRESSES: For service information specifies the FAA’s authority to issue
identified in this AD, contact ■ 2. The FAA amends § 39.13 by adding
rules on aviation safety. Subtitle I, the following new airworthiness
Bombardier, Inc., Bombardier Regional Section 106, describes the authority of
Aircraft Division, 123 Garratt Boulevard, directive (AD):
the FAA Administrator. Subtitle VII,
Downsview, Ontario M3K 1Y5, Canada. Aviation Programs, describes in more 2005–10–08 Bombardier, Inc. (Formerly de
Docket: The AD docket contains the detail the scope of the Agency’s Havilland, Inc.): Amendment 39–14085.
proposed AD, comments, and any final Docket No. FAA–2005–20481;
authority. Directorate Identifier 2004–NM–183–AD.
disposition. You can examine the AD We are issuing this rulemaking under
docket on the Internet at http:// the authority described in Subtitle VII, Effective Date
dms.dot.gov, or in person at the Docket Part A, Subpart III, Section 44701, (a) This AD becomes effective June 21,
Management Facility office between 9 ‘‘General requirements.’’ Under that 2005.
a.m. and 5 p.m., Monday through section, Congress charges the FAA with
Friday, except Federal holidays. The Affected ADs
promoting safe flight of civil aircraft in
Docket Management Facility office (b) None.
air commerce by prescribing regulations
(telephone (800) 647–5227) is located on for practices, methods, and procedures Applicability
the plaza level of the Nassif Building at the Administrator finds necessary for (c) This AD applies to Bombardier Model
the U.S. Department of Transportation, safety in air commerce. This regulation DHC–8–102, –103, –106, –201, –202, –301,
400 Seventh Street, SW, room PL–401, is within the scope of that authority –311, and –315 airplanes, serial numbers 003
Washington, DC. This docket number is because it addresses an unsafe condition through 584 inclusive; certificated in any
FAA–2005–20481; the directorate that is likely to exist or develop on category.
identifier for this docket is 2004–NM– products identified in this rulemaking Unsafe Condition
183–AD. action. (d) This AD is prompted by the discovery
FOR FURTHER INFORMATION CONTACT: Ezra
Regulatory Findings that a single malfunction of the torque tube
Sasson, Aerospace Engineer, Airframe could result in both flight control columns
and Propulsion Branch, ANE–171, FAA, We have determined that this AD will being supported by only one self-aligning
New York Aircraft Certification Office, not have federalism implications under bearing. We are issuing this AD to prevent
1600 Stewart Avenue, suite 410, Executive Order 13132. This AD will the torque tube from fouling against the

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Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Rules and Regulations 28187

underfloor control cables, which could result DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: The FAA
in reduced controllability of the airplane. proposed to amend 14 CFR part 39 with
Federal Aviation Administration an AD for all Fokker Model F.28 series
Compliance
airplanes. That action, published in the
(e) You are responsible for having the 14 CFR Part 39 Federal Register on March 15, 2005 (70
actions required by this AD performed within FR 12612), proposed to require a one-
the compliance times specified, unless the [Docket No. FAA–2005–20594; Directorate time inspection of the area underneath
actions have already been done. Identifier 2004–NM–213–AD; Amendment
the auxiliary power unit enclosure to
39–14084; AD 2005–10–07]
Installation determine if drain tubes in the area are
(f) Within 5,000 flight hours after the RIN 2120–AA64 correctly installed and to detect
effective date of this AD, install control damaged wiring, and corrective action if
column torque tube catchers on the control Airworthiness Directives; Fokker necessary.
columns of the flight controls by Model F.28 Series Airplanes Comments
incorporating Modsum 8Q101338 in
AGENCY: Federal Aviation We provided the public the
accordance with the Accomplishment
Administration (FAA), Department of opportunity to participate in the
Instructions of Bombardier Service Bulletin
Transportation (DOT). development of this AD. No comments
8–27–90, dated October 28, 2003.
ACTION: Final rule. have been submitted on the proposed
Alternative Methods of Compliance AD or on the determination of the cost
(g) The Manager, New York Aircraft SUMMARY: The FAA is adopting a new to the public.
Certification Office, FAA, has the authority to airworthiness directive (AD) for all
Fokker Model F.28 series airplanes. This Conclusion
approve alternative methods of compliance
for this AD if requested using the procedures AD requires a one-time inspection of the We have carefully reviewed the
found in 14 CFR 39.19. area underneath the auxiliary power available data and determined that air
unit (APU) enclosure to determine if safety and the public interest require
Related Information drain tubes in the area are correctly adopting the AD as proposed.
(h) Canadian airworthiness directive CF– installed and to detect damaged wiring,
2004–08, dated April 20, 2004, also addresses and corrective action if necessary. This Costs of Compliance
the subject of this AD. AD is prompted by a report of a fire This AD will affect about 4 airplanes
under the APU enclosure. We are of U.S. registry. The required inspection
Material Incorporated by Reference
issuing this AD to prevent fuel from will take about 1 work hour per
(i) You must use Bombardier Service accumulating under the APU enclosure, airplane, at an average labor rate of $65
Bulletin 8–27–90, dated October 28, 2003, to which, in the presence of an ignition per work hour. Based on these figures,
perform the actions that are required by this source, could result in a fire. the estimated cost of the AD for U.S.
AD, unless the AD specifies otherwise. The operators is $260, or $65 per airplane.
DATES: This AD becomes effective June
Director of the Federal Register approves the
21, 2005. Authority for This Rulemaking
incorporation by reference of this document
in accordance with 5 U.S.C. 552(a) and 1 CFR
The incorporation by reference of
certain publications listed in the AD is Title 49 of the United States Code
part 51. To get copies of the service specifies the FAA’s authority to issue
information, contact Bombardier, Inc.,
approved by the Director of the Federal
Register as of June 21, 2005. rules on aviation safety. Subtitle I,
Bombardier Regional Aircraft Division, 123 Section 106, describes the authority of
Garratt Boulevard, Downsview, Ontario M3K ADDRESSES: For service information
the FAA Administrator. Subtitle VII,
1Y5, Canada. To view the AD docket, go to identified in this AD, contact Fokker Aviation Programs, describes in more
the Docket Management Facility, U.S. Services B.V., P.O. Box 231, 2150 AE detail the scope of the Agency’s
Department of Transportation, 400 Seventh Nieuw-Vennep, the Netherlands. authority.
Street SW., room PL–401, Nassif Building, Docket: The AD docket contains the We are issuing this rulemaking under
Washington, DC. To review copies of the proposed AD, comments, and any final the authority described in Subtitle VII,
service information, contact the National disposition. You can examine the AD Part A, Subpart III, Section 44701,
Archives and Records Administration docket on the Internet at http:// ‘‘General requirements.’’ Under that
(NARA). For information on the availability dms.dot.gov, or in person at the Docket section, Congress charges the FAA with
of this material at the NARA, call (202) 741– Management Facility office between 9 promoting safe flight of civil aircraft in
6030, or go to http://www.archives.gov/ a.m. and 5 p.m., Monday through air commerce by prescribing regulations
federal_register/code_of_federal_regulations/ Friday, except Federal holidays. The for practices, methods, and procedures
ibr_locations.html. Docket Management Facility office the Administrator finds necessary for
Issued in Renton, Washington, on May 4, (telephone (800) 647–5227) is located on safety in air commerce. This regulation
2005. the plaza level of the Nassif Building at is within the scope of that authority
the U.S. Department of Transportation, because it addresses an unsafe condition
Kalene C. Yanamura,
400 Seventh Street SW., room PL–401, that is likely to exist or develop on
Acting Manager, Transport Airplane Washington, DC. This docket number is
Directorate, Aircraft Certification Service. products identified in this rulemaking
FAA–2005–20594; the directorate action.
[FR Doc. 05–9467 Filed 5–16–05; 8:45 am] identifier for this docket is 2004–NM–
BILLING CODE 4910–13–P 213–AD. Regulatory Findings
FOR FURTHER INFORMATION CONTACT: Tom We have determined that this AD will
Rodriguez, Aerospace Engineer, not have federalism implications under
International Branch, ANM–116, FAA, Executive Order 13132. This AD will
Transport Airplane Directorate, 1601 not have a substantial direct effect on
Lind Avenue, SW., Renton, Washington the States, on the relationship between
98055–4056; telephone (425) 227–1137; the national government and the States,
fax (425) 227–1149. or on the distribution of power and

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