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17604 Federal Register / Vol. 70, No.

66 / Thursday, April 7, 2005 / Rules and Regulations

responsibilities among the various Compliance SUMMARY: The FAA is adopting a new
levels of government. (e) You are responsible for having the airworthiness directive (AD) for certain
For the reasons discussed above, I actions required by this AD performed within Bombardier Model CL–600–2B19
certify that this AD: the compliance times specified, unless the (Regional Jet Series 100 and 440)
actions have already been done. airplanes. This AD requires
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866; Install and Test Updated Software modification of the Auxiliary Power
(f) Within 12 months after the effective Unit (APU) cooling air exhaust. This AD
(2) Is not a ‘‘significant rule’’ under
date of this AD, install and test an updated is prompted by reports of incomplete
DOT Regulatory Policies and Procedures
version of the operational program software drainage of the APU enclosure. We are
(44 FR 11034, February 26, 1979); and of the enhanced digital flight control system issuing this AD to prevent a negative
(3) Will not have a significant (EDFCS) flight control computers (FCCs), in pressure condition from developing in
economic impact, positive or negative, accordance with Boeing Alert Service the APU enclosure when the APU is
on a substantial number of small entities Bulletin 737–22A1164, dated May 20, 2004.
operating on the ground, which could
under the criteria of the Regulatory Alternative Methods of Compliance create a potential fire hazard if
Flexibility Act. (AMOCs) flammable liquid leakage occurs inside
We prepared a regulatory evaluation (g) The Manager, Seattle Aircraft the APU enclosure and cannot be
of the estimated costs to comply with Certification Office, FAA, has the authority to drained overboard.
this AD. See the ADDRESSES section for approve AMOCs for this AD, if requested in DATES: This AD becomes effective May
a location to examine the regulatory accordance with the procedures found in 14
CFR 39.19.
12, 2005.
evaluation. The incorporation by reference of a
Material Incorporated by Reference certain publication listed in the AD is
List of Subjects in 14 CFR Part 39
(h) You must use Boeing Alert Service approved by the Director of the Federal
Air transportation, Aircraft, Aviation Bulletin 737–22A1164, dated May 20, 2004, Register as of May 12, 2005.
safety, Incorporation by reference, to perform the actions that are required by ADDRESSES: For service information
Safety. this AD, unless the AD specifies otherwise.
The Director of the Federal Register approves
identified in this AD, contact
Adoption of the Amendment the incorporation by reference of this Bombardier, Inc., Canadair, Aerospace
document in accordance with 5 U.S.C. 552(a) Group, P.O. Box 6087, Station Centre-
■ Accordingly, under the authority and 1 CFR part 51. To get copies of the ville, Montreal, Quebec H3C 3G9,
delegated to me by the Administrator, service information, contact Boeing Canada.
the FAA amends 14 CFR part 39 as Commercial Airplanes, P.O. Box 3707, Docket: The AD docket contains the
follows: Seattle, Washington 98124–2207. To view the proposed AD, comments, and any final
AD docket, go to the Docket Management disposition. You can examine the AD
PART 39—AIRWORTHINESS Facility, U.S. Department of Transportation,
400 Seventh Street SW., room PL–401, Nassif
docket on the Internet at http://
DIRECTIVES Building, Washington, DC. To review copies dms.dot.gov, or in person at the Docket
of the service information, go to the National Management Facility office between 9
■ 1. The authority citation for part 39 Archives and Records Administration a.m. and 5 p.m., Monday through
continues to read as follows: (NARA). For information on the availability Friday, except Federal holidays. The
Authority: 49 U.S.C. 106(g), 40113, 44701. of this material at the NARA, call (202) 741– Docket Management Facility office
6030, or go to http://www.archives.gov/ (telephone (800) 647–5227) is located on
§ 39.13 [Amended] federal_register/code_of_federal_regulations/
the plaza level of the Nassif Building at
ibr_locations.html.
■ 2. The FAA amends § 39.13 by adding the U.S. Department of Transportation,
the following new airworthiness Issued in Renton, Washington, on March 400 Seventh Street SW., Room PL–401,
directive (AD): 30, 2005. Washington, DC. This docket number is
Kalene C. Yanamura, FAA–2004–19761; the directorate
2005–07–20 Boeing: Amendment 39–14045.
Docket No. FAA–2004–19986; Acting Manager, Transport Airplane identifier for this docket is 2003–NM–
Directorate Identifier 2004–NM–247–AD. Directorate, Aircraft Certification Service. 167–AD.
[FR Doc. 05–6762 Filed 4–6–05; 8:45 am] FOR FURTHER INFORMATION CONTACT:
Effective Date
BILLING CODE 4910–13–P James E. Delisio, Aerospace Engineer,
(a) This AD becomes effective May 12,
2005. Airframe and Propulsion Branch, ANE–
171, FAA, New York Aircraft
Affected ADs DEPARTMENT OF TRANSPORTATION Certification Office, 1600 Stewart
(b) None. Federal Aviation Administration Avenue, suite 410, Westbury, New York
Applicability 11590; telephone (516) 228–7321; fax
14 CFR Part 39 (516) 794–5531.
(c) This AD applies to Boeing Model 737–
600, –700, –800, and –900 series airplanes, SUPPLEMENTARY INFORMATION: The FAA
[Docket No. FAA–2004–19761; Directorate proposed to amend 14 CFR part 39 with
certificated in any category, as identified in Identifier 2003–NM–167–AD; Amendment
Boeing Alert Service Bulletin 737–22A1164, 39–14039; AD 2005–07–15]
an AD for certain Bombardier Model
dated May 20, 2004. CL–600–2B19 (Regional Jet Series 100
RIN 2120–AA64 and 440) airplanes. That action,
Unsafe Condition
published in the Federal Register on
(d) This AD was prompted by a report of Airworthiness Directives; Bombardier December 7, 2004 (69 FR 70566),
an airplane pitching up with rapidly Model CL–600–2B19 (Regional Jet
decreasing indicated airspeed after the
proposed to require modification of the
Series 100 & 440) Airplanes Auxiliary Power Unit cooling air
flightcrew set a new altitude into the
autopilot. We are issuing this AD to prevent AGENCY: Federal Aviation exhaust.
anomalous autopilot operation that produces Administration (FAA), Department of Comments
a hazardous combination of airplane attitude Transportation (DOT).
and airspeed, which could result in loss of We provided the public the
ACTION: Final rule.
control of the airplane. opportunity to participate in the

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Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / Rules and Regulations 17605

development of this AD. We have Costs of Compliance Adoption of the Amendment


considered the single comment that has This AD will affect about 120 ■ Accordingly, under the authority
been submitted on the proposed AD. airplanes of U.S. registry. The actions delegated to me by the Administrator,
Request To Clarify Applicability will take about 10 work hours per the FAA amends 14 CFR part 39 as
airplane, at an average labor rate of $65 follows:
The commenter asks that the airplane per work hour. There is no charge for
serial numbers be listed in the parts that may be required to perform PART 39—AIRWORTHINESS
applicability paragraph of the final rule, the actions required by this AD. Based DIRECTIVES
rather than referencing the service on these figures, the estimated cost of
bulletin. The commenter states that this the AD for U.S. operators is $78,000, or ■ 1. The authority citation for part 39
request is consistent with similar $650 per airplane. continues to read as follows:
airworthiness directives and presents a Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701.
quicker reference for establishing
Title 49 of the United States Code § 39.13 [Amended]
applicability.
specifies the FAA’s authority to issue ■ 2. The FAA amends § 39.13 by adding
We agree to provide further rules on aviation safety. Subtitle I, the following new airworthiness
clarification in the applicability section Section 106, describes the authority of directive (AD):
of this final rule. Although the the FAA Administrator. Subtitle VII,
applicability section in the proposed AD 2005–07–15 Bombardier, Inc. (Formerly
Aviation Programs, describes in more Canadair): Amendment 39–14039.
already identifies the referenced service detail the scope of the Agency’s Docket No. FAA–2004–19761;
bulletin, which specifies the airplane authority. Directorate Identifier 2003–NM–167–AD.
serial numbers in the effectivity section, We are issuing this rulemaking under
we have listed the serial numbers in the Effective Date
the authority described in Subtitle VII,
applicability section in paragraph (c) of Part A, Subpart III, Section 44701, (a) This AD becomes effective May 12,
this final rule. ‘‘General requirements.’’ Under that 2005.

Editorial Change/Clarification section, Congress charges the FAA with Affected ADs
Regarding Appendix A of Bombardier promoting safe flight of civil aircraft in (b) None.
Service Bulletin 601R–49–015 air commerce by prescribing regulations
for practices, methods, and procedures Applicability
We changed all service bulletin the Administrator finds necessary for (c) This AD applies to Bombardier Model
safety in air commerce. This regulation CL–600–2B19 (Regional Jet Series 100 and
references in this final rule from
is within the scope of that authority 440) airplanes; certified in any category;
‘‘Bombardier Service Bulletin S.B. serial numbers 7003 through 7067 inclusive
601R–49–015’’ to ‘‘Bombardier Service because it addresses an unsafe condition and 7069 through 7254 inclusive.
Bulletin 601R–49–015.’’ The letters that is likely to exist or develop on
products identified in this rulemaking Unsafe Condition
‘‘S.B.’’ are not part of the service
bulletin number. action. (d) This AD is prompted by reports of
incomplete drainage of the Auxiliary Power
Note 1 of this final rule specifies that Regulatory Findings Unit (APU) enclosure. We are issuing this D
Avica Service Bulletin 10S145–49–01 We have determined that this AD will to prevent a negative pressure condition from
and Canadair Kit Drawing K601R97150 not have federalism implications under developing in the APU enclosure when the
are included as Appendix A of Executive Order 13132. This AD will APU is operating on the ground, which could
Bombardier Service Bulletin 601R–49– create a potential fire hazard if flammable
not have a substantial direct effect on fluid leakage occurs inside the APU
015. In paragraph (j) of this final rule, the States, on the relationship between enclosure and cannot be drained overboard.
we have ‘‘excluded’’ Appendix A from the national government and the States,
the citation for Bombardier Service or on the distribution of power and Compliance
Bulletin 601R–49–015 for the purpose of responsibilities among the various (e) You are responsible for having the
incorporation by reference of the service levels of government. actions required by this AD performed within
bulletin. However, as stated in Note 1, For the reasons discussed above, I the compliance times specified, unless the
our intent is that the references in certify that this AD: actions have already been done.
Appendix A still be used as additional (1) Is not a ‘‘significant regulatory Modify APU Cooling Air Exhaust
sources of service information for doing action’’ under Executive Order 12866; (f) Within 2,000 flight hours after the
the modification specified in paragraph (2) Is not a ‘‘significant rule’’ under effective date the AD, or within 16 months
(f) of this final rule. DOT Regulatory Policies and Procedures after the effective date of this AD, whichever
These changes were made to comply (44 FR 11034, February 26, 1979); and occurs first: Modify the APU cooling air
with the Office of the Federal Register’s (3) Will not have a significant exhaust by doing all of the actions in the
economic impact, positive or negative, Accomplishment Instructions of Bombardier
guidelines for material incorporated by Service Bulletin 601R–49–015, dated
reference. on a substantial number of small entities
under the criteria of the Regulatory November 6, 1998, except that submitting a
Conclusion Flexibility Act. comment sheet and a compliance sheet are
We prepared a regulatory evaluation not required by this AD.
We have carefully reviewed the of the estimated costs to comply with Note 1: Bombardier Service Bulletin 601R–
available data, including the comment this AD. See the ADDRESSES section for 49–015, dated November 6, 1998, refers to
that has been submitted, and Avica Service Bulletin 10S145–49–01, dated
a location to examine the regulatory July 15, 1998, and Canadair Kit Drawing
determined that air safety and the evaluation. K601R97150, Rev NC, as additional sources
public interest require adopting the AD of service information for doing the
with the changes described previously. List of Subjects in 14 CFR Part 39
modification. The Avica service bulletin and
These changes will neither increase the Air transportation, Aircraft, Aviation the Canadair Kit Drawing are included as
economic burden on any operator nor safety, Incorporation by reference, Appendix A of the Bombardier service
increase the scope of the AD. Safety. bulletin.

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17606 Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / Rules and Regulations

Parts Installation Final rule; request for


ACTION: p.m., Monday through Friday, except
(g) As of the effective date of this AD, no comments. Federal holidays. The Docket
person may install an APU enclosure having Management Facility office (telephone
Canadair part number (P/N) 601R97150–13, SUMMARY: The FAA is adopting a new (800) 647–5227) is located on the plaza
or Avica P/N 15A104–101, on any airplane, airworthiness directive (AD) for all level of the Nassif Building at the DOT
unless he unit has been modified in Empresa Brasileira de Aeronautica S.A. street address stated in the ADDRESSES
accordance with paragraph (f) of this AD. (EMBRAER) Model ERJ 170 series section. Comments will be available in
Alternative Methods of Compliance airplanes. This AD requires revising the the AD docket shortly after the DMS
Limitations section of the airplane flight receives them.
(h) The Manager, New York Aircraft
manual to advise the flightcrew to make
Certification Office, FAA, has the authority to FOR FURTHER INFORMATION CONTACT:
approve alternative methods of compliance sure the correct instrument landing
system (ILS) identifier is included on Todd Thompson, Aerospace Engineer,
for this AD if requested using the procedures International Branch, ANM–116, FAA,
found in 14 CFR 39.19. the flight management system (FMS)
flight plan before the flightcrew initiates Transport Airplane Directorate, 1601
Related Information
an approach to landing with the Lind Avenue, SW., Renton, Washington
(i) Canadian airworthiness directive CF– autopilot engaged. This AD is prompted 98055–4056; telephone (425) 227–1175;
2002–21, dated March 21, 2002, also by reports that the airplane’s autopilot fax (425) 227–1149.
addresses the subject of this AD. SUPPLEMENTARY INFORMATION: The
may apply large-amplitude control
Materials Incorporated by Reference inputs while following ILS guidance to Departmento de Aviacao Civil (DAC),
(j) You must use Bombardier Service a runway that is not included on the which is the airworthiness authority for
Bulletin 601R–49–015, excluding Appendix FMS flight plan. We are issuing this AD Brazil, notified the FAA that an unsafe
A, dated November 6, 1998, to perform the to prevent hazardous maneuvers close condition may exist on all Empresa
actions that are required by this AD, unless to the ground, which could result in an Brasileira de Aeronautica S.A.
the AD specifies otherwise. The Director of impact with an obstacle or terrain. (EMBRAER) Model ERJ 170 series
the Federal Register approves the airplanes. The DAC advises that it has
DATES: Effective April 22, 2005. We
incorporation by reference of this document received several reports that the
in accordance with 5 U.S.C. 552(a) and 1 CFR must receive comments on this AD by
June 6, 2005. airplane’s autopilot applied large-
part 51. For copies of the service information, amplitude control inputs while
contact Bombardier, Inc., Canadair, ADDRESSES: Use one of the following
Aerospace Group, P.O. Box 6087, Station
following instrument landing system
addresses to submit comments on this
Centre-ville, Montreal, Quebec H3C 3G9, (ILS) guidance to runways that were not
AD.
Canada. You may view the Ad docket at the • DOT Docket Web site: Go to included on the flight management
Docket Management Facility, U.S. http://dms.dot.gov and follow the system (FMS) flight plan. This
Department of Transportation, 400 Seventh
instructions for sending your comments condition, if not corrected, could cause
Street SW., room PL–401, Nassif Building, hazardous maneuvers close to the
Washington, DC. To review copies of the electronically.
• Government-wide rulemaking Web ground, and result in an impact with an
service information go to the National obstacle or terrain.
Archives and Records Administration site: Go to http://www.regulations.gov
(NARA). For information on the availability and follow the instructions for sending Brazilian Airworthiness Directive
of this material at the NARA, call (202) 741– your comments electronically.
6030, or go to http://www.archives.gov/ • Mail: Docket Management Facility; The DAC issued Brazilian
federal_register/code_of_federal_regulations/ U.S. Department of Transportation, 400 airworthiness directive 2005–03–01,
ibr_locations.html. Seventh Street SW, Nassif Building, dated March 21, 2005, which mandates
room PL–401, Washington, DC 20590. modification of the autopilot-coupled
Issued in Renton, Washington, on March
24, 2005. • Fax: (202) 493–2251. ILS approach procedures by revising the
• Hand Delivery: Room PL–401 on Limitations section of the airplane flight
Ali Bahrami,
the plaza level of the Nassif Building, manual to advise the flightcrew to make
Manager, Transport Airplane Directorate, sure the correct ILS identifier is
Aircraft Certification Service. 400 Seventh Street SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday included on the FMS flight plan before
[FR Doc. 05–6686 Filed 4–6–05; 8:45 am] the flightcrew initiates an approach to
through Friday, except Federal holidays.
BILLING CODE 4910–13–M landing with the autopilot engaged. The
For service information identified in
this AD, contact Empresa Brasileira de DAC issued airworthiness directive
Aeronautica S.A. (EMBRAER), P.O. Box 2005–03–01 to ensure the continued
DEPARTMENT OF TRANSPORTATION
343–CEP 12.225, Sao Jose dos Campos— airworthiness of these airplanes in
Federal Aviation Administration SP, Brazil. Brazil.
You can examine the contents of this FAA’s Determination and Requirements
14 CFR Part 39 AD docket on the Internet at http:// of This AD
dms.dot.gov, or in person at the Docket
[Docket No. FAA–2005–20883; Directorate Management Facility, U.S. Department This airplane model is manufactured
Identifier 2005–NM–064–AD; Amendment of Transportation, 400 Seventh Street in Brazil and is type certificated for
39–14047; AD 2005–07–22] SW., room PL–401, on the plaza level of operation in the United States under the
the Nassif Building, Washington, DC. provisions of section 21.29 of the
RIN 2120–AA64 Federal Aviation Regulations (14 CFR
This docket number is FAA–2005–
Airworthiness Directives; Empresa 20883; the directorate identifier for this 21.29) and the applicable bilateral
Brasileira de Aeronautica S.A. docket is 2005–NM–064–AD. airworthiness agreement. Pursuant to
(EMBRAER) Model ERJ 170 Series this bilateral airworthiness agreement,
Examining the Docket the DAC has kept the FAA informed of
Airplanes
You can examine the AD docket on the situation described above. We have
AGENCY: Federal Aviation the Internet at http://dms.dot.gov, or in examined the DAC’s findings, evaluated
Administration (FAA), Department of person at the Docket Management all pertinent information, and
Transportation (DOT). Facility office between 9 a.m. and 5 determined that we need to issue an AD

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