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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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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations 35519

(3) Will not have a significant Modification DEPARTMENT OF TRANSPORTATION


economic impact, positive or negative, (f) Within 6 months after the effective date
on a substantial number of small entities of this AD: Modify the APU exhaust duct in Federal Aviation Administration
under the criteria of the Regulatory the ECS bay; install new, improved
Flexibility Act. insulation on this APU exhaust duct; and 14 CFR Part 39
We prepared a regulatory evaluation replace the existing drain pipe with a new [Docket No. FAA–2005–24163; Directorate
of the estimated costs to comply with exhaust drain pipe blank; by doing all of the Identifier 2005–CE–30–AD; Amendment 39–
this AD. See the ADDRESSES section for actions in the Accomplishment Instructions 14144; AD 2005–12–51]
a location to examine the regulatory of BAE Systems (Operations) Limited
evaluation. Modification Service Bulletin SB.49–072– RIN 2120–AA64

List of Subjects in 14 CFR Part 39 36244A, dated October 11, 2004. Where the
Airworthiness Directives; Rockwell
Accomplishment Instructions of the service
Air transportation, Aircraft, Aviation International (Aircraft Specification No.
bulletin specify submitting an Advice Note to
safety, Incorporation by reference, A–2–575 previously held by North
the manufacturer, this AD does not require
Safety. American and recently purchased by
that action.
Boeing) Models AT–6 (SNJ–2), AT–6A
Adoption of the Amendment Alternative Methods of Compliance (SNJ–3), AT–6B, AT–6C (SNJ–4), AT–
■ Accordingly, under the authority (AMOCs) 6D (SNJ–5), AT–6F (SNJ–6), BC–1A,
delegated to me by the Administrator, (g) The Manager, International Branch, SNJ–7, and T–6G Airplanes; and Autair
the FAA amends 14 CFR part 39 as ANM–116, Transport Airplane Directorate, Ltd. (Aircraft Specification No. AR–11
follows: FAA, has the authority to approve AMOCs previously held by Noorduyn Aviation
for this AD, if requested in accordance with Ltd.) Model Harvard (Army AT–16)
PART 39—AIRWORTHINESS the procedures found in 14 CFR 39.19. Airplanes
DIRECTIVES
Related Information AGENCY: Federal Aviation
■ 1. The authority citation for part 39 (h) British airworthiness directive G–2004– Administration (FAA), DOT.
continues to read as follows: 0031, dated December 22, 2004, also ACTION: Final rule; request for
Authority: 49 U.S.C. 106(g), 40113, 44701. addresses the subject of this AD. comments.
§ 39.13 [Amended] Material Incorporated by Reference SUMMARY: The FAA is adopting a new
2. The FAA amends § 39.13 by adding (i) You must use BAE Systems (Operations) airworthiness directive (AD) for
the following new airworthiness Limited Modification Service Bulletin SB.49– Rockwell International (Aircraft
directive (AD): 072–36244A, dated October 11, 2004, to Specification No. A–2–575 previously
2005–13–06 Bae Systems (Operations) perform the actions that are required by this held by North American and recently
Limited (Formerly British Aerospace AD, unless the AD specifies otherwise. The purchased by Boeing) Models AT–6
Regional Aircraft): Amendment 39– Director of the Federal Register approves the (SNJ–2), AT–6A (SNJ–3), AT–6B, AT–
14142. Docket No. FAA–2005–20757; incorporation by reference of this document 6C (SNJ–4), AT–6D (SNJ–5), AT–6F
Directorate Identifier 2004–NM–192–AD. in accordance with 5 U.S.C. 552(a) and 1 CFR (SNJ–6), BC–1A, SNJ–7, and T–6G
Effective Date part 51. To get copies of the service airplanes; and Autair Ltd. (Aircraft
information, contact British Aerospace Specification No. AR–11 previously
(a) This AD becomes effective July 26,
Regional Aircraft American Support, 13850 held by Noorduyn Aviation Ltd.) Model
2005.
Mclearen Road, Herndon, Virginia 20171. To Harvard (Army AT–16) airplanes. This
Affected ADs view the AD docket, go to the Docket AD contains the same information as
(b) None. Management Facility, U.S. Department of emergency AD 2005–12–51 and
Transportation, 400 Seventh Street SW., publishes the action in the Federal
Applicability
room PL–401, Nassif Building, Washington, Register. It requires immediate and
(c) This AD applies to BAE Systems DC. To review copies of the service
(Operations) Limited Model BAe 146 and repetitive inspections of the inboard and
information, go to the National Archives and outboard, upper and lower wing attach
Avro 146-RJ airplanes, certificated in any
category, on which BAE Systems Records Administration (NARA). For angles (except for the nose angles) of
Modification HCM30373A, or BAE Systems information on the availability of this both wings for fatigue cracks; and, if any
Modification HCM30373A and HCM36166C, material at the NARA, call (202) 741–6030, crack is found, replacement of the
are installed. or go to http://www.archives.gov/ cracked angle with a new angle. This
federal_register/code_of_federal_regulations/
Unsafe Condition AD is the result of a report of a Rockwell
ibr_locations.html.
(d) This AD was prompted by a International Model SNJ–6 (AT–6F)
determination that the temperature of the Issued in Renton, Washington, on June 9, airplane crash that occurred on May 9,
skin of the auxiliary power unit (APU) 2005. 2005, resulting in two fatalities. We are
exhaust duct in the environmental control Michael J. Kaszycki, issuing this AD to detect and correct any
system (ECS) bay is higher than the fatigue crack in the inboard and
certificated maximum temperature for this Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service. outboard, upper and lower wing attach
area. We are issuing this AD to prevent the
potential for ignition of fuel or hydraulic [FR Doc. 05–12004 Filed 6–20–05; 8:45 am] angles (except for the nose angles) of
fluid, which could leak from pipes running either wing, which could result in
BILLING CODE 4910–13–P
through the ECS bay. Ignition of these failure of the wing. This failure could
flammable fluids could result in a fire in the lead to loss of control of the aircraft.
ECS bay. DATES: This AD becomes effective on
Compliance June 23, 2005, to all affected persons
(e) You are responsible for having the who did not receive emergency AD
actions required by this AD performed within 2005–12–51, issued June 8, 2005.
the compliance times specified, unless the Emergency AD 2005–12–51 contained
actions have already been done. the requirements of this amendment and

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