62400 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–18993; Directorate 

Identifier 2004–NM–125–AD; Amendment 

39–13781; AD 2004–18–03] 

RIN 2120–AA64

Airworthiness Directives; Bombardier 

Model CL–600–2C10 (Regional Jet 

Series 700 & 701), and CL–600–2D24 

(Regional Jet Series 900) Series 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; correction.

SUMMARY: The FAA is correcting an 

error in an existing airworthiness 

directive (AD) that was published in the 

Federal Register on September 2, 2004 

(69 FR 53609). The error resulted in 

inadvertent reference to inappropriate 

service information. We are also 

clarifying reference to a compliance 

threshold. This AD applies to certain 

Bombardier Model CL–600–2C10 

(Regional Jet Series 700 & 701), and CL–

600–2D24 (Regional Jet Series 900) 

series airplanes. This AD requires 

revising the airplane flight manual to 

advise the flightcrew to monitor the fuel 

quantity in the center fuel tank 

throughout the flight. This AD also 

requires repetitive tests to detect a fuel 

leak between the wing fuel tanks and 

the center fuel tank; and further related 

investigative and corrective actions, if 

necessary. For certain airplanes, this AD 

also requires installation of flexible 

hoses and brackets in the fuel feed 

system. This AD also reduces the 

compliance times for the repetitive 

checks, requires replacement of primary 

fuel feed ejectors with new ejectors, and 

provides an optional center fuel tank 

empty procedure.

DATES: Effective September 17, 2004.

ADDRESSES: You can examine the 

contents of this AD docket on the 

Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility, U.S. Department of 

Transportation, 400 Seventh Street, 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: 

Technical information: James Delisio, 

Aerospace Engineer, Airframe and 

Propulsion Branch, ANE–171, FAA, 

New York Aircraft Certification Office, 

1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone 

(516) 228–7321; fax (516) 794–5531. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Examining the Docket 

You can examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays.

SUPPLEMENTARY INFORMATION: On August 

25, 2004, the FAA issued AD 2004–18–

03, amendment 39–13781 (69 FR 53609, 

September 2, 2004), for certain 

Bombardier Model CL–600–2C10 

(Regional Jet Series 700 & 701), and CL–

600–2D24 (Regional Jet Series 900) 

series airplanes. The AD requires 

revising the airplane flight manual to 

advise the flightcrew to monitor the fuel 

quantity in the center fuel tank 

throughout the flight. This AD also 

requires repetitive tests to detect a fuel 

leak between the wing fuel tanks and 

the center fuel tank; and further related 

investigative and corrective actions, if 

necessary. For certain airplanes, this AD 

also requires installation of flexible 

hoses and brackets in the fuel feed 

system. This AD also reduces the 

compliance times for the repetitive 

checks, requires replacement of primary 

fuel feed ejectors with new ejectors, and 

provides an optional center fuel tank 

empty procedure. 

As published, the requirements of 

paragraph (j) of the AD specify that 

‘‘Within three days after the effective 

date of this AD, determine the number 

of total flight hours on each of the two 

primary fuel feed ejectors having part 

number (P/N) T99A38–603.’’ Paragraph 

(j) is not clear with respect to the action 

required for an airplane on which fuel 

feed ejectors having part number 

T99A38–603 are not installed. 

Paragraph (j) has been clarified to state 

that if there are no fuel feed ejectors 

installed having P/N T99A38–603, no 

further action is required by the AD. 

As published, the compliance time for 

the requirements of paragraph (k) of the 

AD specifies a compliance time of 

‘‘before accumulating 2,000 total flight 

hours or within 14 days after the 

effective date of this AD, whichever 

occurs later, * * *.’’ To clarify that the 

threshold compliance time is for the 

fuel feed ejectors, we have added the 

words ‘‘on the fuel feed ejectors’’ after 

the words ‘‘before accumulating 2,000 

total flight hours.’’

As published, the requirements of 

paragraph (m) of the AD inadvertently 

specify performing certain requirements 

in accordance with Part A of the 

Accomplishment Instructions of CRJ 

700/900 Regional Jet (Bombardier) ASB 

670BA–28–025, Revision A, dated 

December 15, 2003. Reference to that 

service information in paragraph (m) of 

the AD is incorrect and has been 

removed. As discussed in the 

‘‘Differences’’ section of the AD, the 

Canadian airworthiness directive 

specifies that the pilots receive a 

briefing on the procedure in use for the 

leak check. The AD does not require a 

pilot briefing, since the pre-flight 

procedures associated with performing 

the leak check should be accomplished 

by appropriate maintenance personnel. 

We have received reports that the intent 

of paragraph (m) of the AD is not clear. 

To provide clarification of paragraph 

(m) of the AD, a statement has been 

added to specify that the requirements 

of paragraph (m) must be performed by 

appropriate maintenance personnel. 

No other part of the regulatory 

information has been changed; 

therefore, the final rule is not 

republished in the Federal Register. 

The effective date of this AD remains 

September 17, 2004.

§ 39.13 [Corrected]

■ On page 53612, in the third column, 

paragraph (j) of AD 2004–18–03 is 

corrected to read as follows:

* * * * *

(j) Within three days after the effective 

date of this AD, determine the number 

of total flight hours on each of the two 

primary fuel feed ejectors having part 

number (P/N) T99A38–603. If no 

primary fuel feed ejector having P/N 

T99A38–603 is installed, no further 

action is required by this AD.

* * * * *

■ On page 53613, in the first column, 

paragraph (k) of AD 2004–18–03 is 

corrected to read as follows:

* * * * *

(k) Except as stated in paragraph (l) of 

this AD, before accumulating 2,000 total 

flight hours on the fuel feed ejector, or 

within 14 days after the effective date of 

this AD, whichever occurs later, begin 

doing the actions specified in paragraph 

Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 62401

(m) or (p) of this AD. Accomplishing the 

actions specified in paragraph (m) or (p) 

of this AD ends the leak test (check) 

requirements of paragraph (h) of this 

AD.

* * * * *

■ On page 53613 in the first column, 

paragraph (m) of AD 2004–18–03 is 

corrected to read as follows:

* * * * *

(m) Once a day, before the first flight 

of the day: With both engines operating 

at ground idle or taxi thrust, open both 

L&R XFER SOV circuit breakers, 1N9 

and 2P8, and monitor the fuel quantity 

of the center fuel tank for five minutes. 

For the daily check, the fuel quantity in 

the center fuel tank must be 4,000 

pounds or less. This daily check must 

be performed by appropriate 

maintenance personnel.

* * * * *

Issued in Renton, Washington, on October 

15, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–23927 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19327; Airspace 

Docket No. 04–ACE–56] 

Modification of Class E Airspace; 

Scribner, NE

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action amends title 14 

Code of Federal Regulations, part 71 (14 

CFR part 71) by revising Class E 

airspace at Scribner, NE. A review of the 

Class E airspace area extending upward 

from 700 feet above the surface at 

Scribner, NE revealed it does not reflect 

the current Scribner State Airport 

airport reference point (ARP) and its 

legal description is not in compliance 

with established airspace criteria. This 

airspace area is modified to conform to 

FAA Orders.

DATES: This direct final rule is effective 

on 0901 UTC, January 20, 2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

November 30, 2004.

ADDRESSES: Send comments on this 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001. You must identify the 

docket number FAA–2004–19327/

Airspace Docket No. 04–ACE–56, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comments received, and any final 

disposition in person in the Dockets 

Office between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

1–800–647–5527) is on the plaza level 

of the Department of Transportation 

NASSIF Building at the above address.

FOR FURTHER INFORMATION CONTACT:

Brenda Memper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR part 71 modifies 

the Class E airspace area extending 

upward from 700 feet above the surface 

at Scribner, NE. An examination of 

controlled airspace for Scribner, NE 

revealed that the Scribner State Airport 

ARP used in the legal description for 

this Class E airspace area is incorrect. 

The examination also identified that the 

format of the legal description does not 

comply with FAA Order 7400.2E, 

Procedures for Handling Airspace 

Matters. 

This action corrects the Scribner State 

Airport ARP in the legal description, 

eliminates reference to Freemont, NE in 

the legal and brings the legal description 

of the Scribner, NE Class E airspace area 

into compliance with FAA Order 

7400.2E. This area will be depicted on 

appropriate aeronautical charts. Class E 

airspace areas extending upward from 

700 feet or more above the surface of the 

earth are published in paragraph 6005 of 

FAA Order 7400.9M, Airspace 

Designations and Reporting Points, 

dated August 30, 2004, and effective 

September 16, 2004, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order.

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment and, therefore, is 

issuing it as a direct final rule. Previous 

actions of this nature have not been 

controversial and have not resulted in 

adverse comments or objections. Unless 

a written adverse or negative comment, 

or a written notice of intent to submit 

an adverse or negative comment is 

received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the date on which the final 

rule will become effective. If the FAA 

does receive, within the comment 

period, an adverse or negative comment, 

or written notice of intent to submit 

such a comment, a document 

withdrawing the direct final rule will be 

published in the Federal Register, and 

a notice of proposed rulemaking may be 

published with a new comment period. 

Comments Invited 

Interested parties are invited to 

participate in this rulemaking by 

submitting such written data, views, or 

arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2004–19327/Airspace 

Docket No. 04–ACE–56.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Agency Findings 

The regulations adopted herein will 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

The FAA has determined that this 

regulation is noncontroversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed in 

the preamble, I certify that this 

regulation (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034,