Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67809

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

Related Information 

(k) None.

Issued in Burlington, Massachusetts, on 

November 10, 2004. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service.

[FR Doc. 04–25543 Filed 11–19–04; 8:45 am] 

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19618; Directorate 

Identifier 2004–CE–39–AD; Amendment 39–

13872; AD 2004–23–17] 

RIN 2120–AA64 

Airworthiness Directives; Mooney 

Airplane Company, Inc., Model M20M 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) to 

supersede Airworthiness Directive 91–

03–15, which applies to certain Mooney 

Airplane Company, Inc., (Mooney) 

Model M20M airplanes. AD 91–03–15 

currently requires you to replace the 

tailpipe coupling with improved 

tailpipe coupling. Since we issued AD 

91–03–15, a fire erupted in the lower 

left cockpit area on one of the airplanes 

affected by AD 91–03–15. The V-clamp 

that attaches the exhaust tailpipe to the 

turbocharger fell off, which allowed the 

exhaust tailpipe to detach from the 

turbocharger. Hot exhaust gases from 

the turbocharger outlet blasted the lower 

left firewall. This AD requires you to 

replace the existing radiant heat shield 

with the new improved design heat 

shield, deflector kit; replace the existing 

exhaust tailpipe-to-turbocharger V-band 

clamp with the new design V-band 

clamp; and modify the hydraulic brake 

fluid poly line. We are issuing this AD 

to prevent the V-clamp from detaching 

from the turbocharger and to prevent 

exposure of the firewall to hot exhaust 

gases, which could result in an in-flight 

fire. An in-flight fire could lead to loss 

of control of the airplane and passenger 

injury.

DATES: This AD becomes effective on 

December 1, 2004. 

As of December 1, 2004, the Director 

of the Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulation. 

We must receive any comments on 

this AD by January 12, 2005.

ADDRESSES: Use one of the following to 

submit comments on this AD: 

• DOT Docket Web site: Go to http:/

/dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

To get the service information 

identified in this proposed AD, contact 

Mooney Airplane Company, Inc., Louis 

Schreiner Field, Kerrville, Texas 78028; 

telephone: (830) 896–6000. 

To view the comments to this AD, go 

to http://dms.dot.gov. The docket 

number is FAA–2004–19618.

FOR FURTHER INFORMATION CONTACT:

Garry D. Sills, Aerospace Engineer, 

Rotorcraft Directorate, ASW–150, 2601 

Meacham Blvd, Fort Worth, Texas 

76193; telephone: (817) 222–5154; 

facsimile: (817) 222–5960.

SUPPLEMENTARY INFORMATION: 

Has FAA taken any action to this 

point? The FAA issued AD 91–03–15, 

Amendment 39–6870 to prevent the 

discharge of high temperature exhaust 

gases inside the engine compartment 

that could result in the airplane cabin 

catching fire for certain Mooney Model 

M20M airplanes. AD 91–03–15 

currently requires replacing the tailpipe 

coupling.

What has happened since AD 91–03–

15 to initiate this AD action? The FAA 

received a report that a fire erupted 

below the pilot’s rudder pedals shortly 

after takeoff on one of the airplanes 

affected by AD 91–03–15, which caused 

smoke to fill the cabin. Investigation 

revealed that the V-clamp attaching the 

exhaust tailpipe to the turbocharger had 

fallen off. This allowed the exhaust 

tailpipe to drop away form the 

turbocharger. Hot exhaust gases from 

the turbocharger outlet were blasted 

onto the lower left firewall. The fire 

ignited in the left lower cockpit area 

below the rudder/brake pedals and 

behind the firewall. Hydraulic fluid 

ignited when a plastic hydraulic supply 

line behind the firewall melted. 

What is the potential impact if FAA 

took no action? The V-clamp could 

detach from the turbocharger and 

expose the firewall to hot exhaust gases, 

which could result in an in-flight fire. 

An in-flight fire could lead to loss of 

control of the airplane and passenger 

injury. 

Is there service information that 

applies to this subject? Mooney has 

issued Service Bulletin M20–283A, 

dated March 30, 2004. 

What are the provisions of this service 

information? The service bulletin 

includes procedures for:

—Replacing the existing radiant heat 

shield with the new heat shield, 

deflector kit; 

—Replacing the existing exhaust 

tailpipe-to-turbocharger V-band 

clamp; and 

—Modifying the hydraulic brake fluid 

poly line. 

FAA’s Determination and Requirements 

of the AD 

What has FAA decided? We have 

evaluated all pertinent information and 

identified an unsafe condition that is 

likely to exist or develop on other 

products of this same type design. 

Since the unsafe condition described 

previously is likely to exist or develop 

on other Mooney Model M20M 

airplanes of the same type design, we 

are issuing this AD to prevent the Vclamp from detaching from the 

turbocharger and to prevent exposure of 

the firewall to hot exhaust gases, which 

could result in an in-flight fire. An inflight fire could lead to loss of control 

of the airplane and passenger injury. 

What does this AD require? This AD 

supersedes AD 91–03–15 and requires 

you to incorporate the actions in the 

previously-referenced service bulletin. 

In preparing this rule, we contacted 

type clubs and aircraft operators to get 

technical information and information 

on operational and economic impacts. 

We did not receive any information 

through these contacts. If received, we 

would have included a discussion of 

any information that may have 

influenced this action in the rulemaking 

docket. 

How does the revision to 14 CFR part 

39 affect this AD? On July 10, 2002, we 

published a new version of 14 CFR part 

39 (67 FR 47997, July 22, 2002), which 

governs FAA’s AD system. This 

regulation now includes material that 

relates to altered products, special flight 

permits, and alternative methods of 

67810 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

compliance. This material previously 

was included in each individual AD. 

Since this material is included in 14 

CFR part 39, we will not include it in 

future AD actions. 

Comments Invited 

Will I have the opportunity to 

comment before you issue the rule? This 

AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

written relevant data, views, or 

arguments regarding this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19618; Directorate Identifier 

2004–CE–39–AD’’ in the subject line of 

your comments. If you want us to 

acknowledge receipt of your mailed 

comments, send us a self-addressed, 

stamped postcard with the docket 

number written on it; we will datestamp your postcard and mail it back to 

you. We specifically invite comments 

on the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify it. If a person contacts us 

through a nonwritten communication, 

and that contact relates to a substantive 

part of this AD, we will summarize the 

contact and place the summary in the 

docket. We will consider all comments 

received by the closing date and may 

amend the AD in light of those 

comments. 

Regulatory Findings 

Will this AD impact various entities?

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD 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. 

Will this AD involve a significant rule 

or regulatory action? For the reasons 

discussed above, I certify that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary by sending a request to us 

at the address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2004–19618; 

Directorate Identifier 2004–CE–39–AD’’

in your request. 

This rulemaking is promulgated 

under the authority in Subtitle VII, Part 

A, Subpart III, Section 44701, General 

requirements. Under that section, the 

FAA is charged with prescribing 

minimum standards required in the 

interest of safety for the design of 

aircraft. This regulation is within the 

scope of that authority since it corrects 

an unsafe condition in the design of the 

aircraft caused by the V-clamp 

detaching from the turbocharger and 

exposing the firewall to hot exhaust 

gases.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety.

Adoption of the Amendment

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (14 CFR part 39) as follows:

PART 39—AIRWORTHINESS 

DIRECTIVES

■ 1. The authority citation for part 39 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

■ 2. The FAA amends § 39.13 by 

removing Airworthiness Directive (AD) 

91–03–15, Amendment 39–6870 and by 

adding a new AD to read as follows:

2004–23–17 Mooney Airplane Company, 

Inc.: Amendment 39–13872; Docket No. 

FAA–2004–19618; Directorate Identifier 

2004–CE–39–AD. Supersedes AD 91–03–

15; Amendment 39–6870. 

When Does This AD Become Effective? 

(a) This AD becomes effective on December 

1, 2004. 

Are Any Other ADs Affected by This Action? 

(b) Yes. This AD supersedes AD 91–03–15, 

Amendment 39–6870. 

What Airplanes Are Affected by This AD? 

(c) This AD affects Model M20M airplanes, 

serial numbers 27–0001 through 27–0321, 

that are certificated in any category.

What Is the Unsafe Condition Presented in 

This AD? 

(d) This AD is the result of an in-flight 

cockpit fire. We are issuing this AD to 

prevent the V-clamp from detaching from the 

turbocharger and to prevent exposure of the 

firewall to hot exhaust gases, which could 

result in an in-flight fire. An in-flight fire 

could lead to loss of control of the airplane 

and passenger injury. 

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following:

Actions Compliance Procedures 

(1) Remove the existing radiant heat shield, 

part number (P/N) 600182–501 (A), and replace with the new radiant heat shield, P/N 

600182–501 (B), and install the new heat 

shield deflector, P/N 600505–001. Remove 

the existing V-band clamp, P/N 55677–340M 

or 40D21162–340M, and install the new Vband clamp, P/N NH1009399–10 or 

40D23255–340M.

Within 10 hours time-in-service (TIS) after December 1, 2004 (the effective date of this 

AD), unless already done. If you have already incorporated all parts of Mooney Airplane Company, Inc. Service bulletin M20–

283, dated January 3, 2004, then you only 

have to replace the tailpipe V-band clamp 

with the new configuration V-band clamp, 

P/N NH109399–10 or 40D23255–340M.

Follow Mooney Airplane Company, Inc. Service Bulletin M20–283A, dated March 30, 

2004. 

(2) Modify the hydraulic brake fluid poly line ..... Within 10 hours TIS after December 1, 2004 

(the effective date of this AD), unless already done. If you have already incorporated all parts of Mooney Airplane Company, Inc. Service Bulletin M20–283, dated 

January 3, 2004, then you only have to replace the tailpipe V-band clamp with the 

new configuration V-band clamp, P/N 

NH109399–10 or 40D23255–340M.

Follow Mooney Airplane Company, Inc. Service Bulletin M20–283A, dated March 30, 

2004. 

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67811

May I Request an Alternative Method of 

Compliance? 

(f) You may request a different method of 

compliance or a different compliance time 

for this AD by following the procedures in 14 

CFR 39.19. Unless FAA authorizes otherwise, 

send your request to your principal 

inspector. The principal inspector may add 

comments and will send your request to the 

Manager, Fort Worth Aircraft Certification 

Office, FAA. For information on any already 

approved alternative methods of compliance, 

contact Garry D. Sills, Aerospace Engineer, 

Rotorcraft Directorate, ASW–150, 2601 

Meacham Blvd., Fort Worth, Texas 76193; 

telephone: (817) 222–5154; facsimile: (817) 

222–5960. 

(1) Alternative methods of compliance 

(AMOC) approved for AD 91–03–15 are not 

considered approved as an AMOC for this 

AD. 

(2) You may have already done the actions 

of this AD per an AMOC from 91–03–15. If 

so, no further action is required. 

Does This AD Incorporate Any Material by 

Reference? 

(g) You must do the actions required by 

this AD following the instructions in Mooney 

Airplane Company, Inc. Service Bulletin 

M20–283A, dated March 30, 2004. The 

Director of the Federal Register approved the 

incorporation by reference of this service 

bulletin in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. To get a copy of this 

service information, contact Mooney 

Airplane Company, Inc., Louis Schreiner 

Field, Kerrville, Texas 78028; telephone: 

(830) 896–6000. To review copies of this 

service information, go to the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html or call (202) 741–6030. To 

view the AD docket, go to the Docket 

Management Facility; U.S. Department of 

Transportation, 400 Seventh Street, SW., 

Nassif Building, Room PL–401, Washington, 

DC 20590–001 or on the Internet at http://

dms.dot.gov. The docket number is FAA–

2004–19618.

Issued in Kansas City, Missouri, on 

November 12, 2004. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–25595 Filed 11–19–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19325; Airspace 

Docket No. 04–ACE–54] 

Modification of Class E Airspace; 

Dodge City, KS

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; correction.

SUMMARY: This action corrects a direct 

final rule; request for comments that 

was published in the Federal Register

on Tuesday, October 19, 2004, (69 FR 

61439) (FR Doc. 04–23387). It corrects 

errors in the legal descriptions of the 

Class E airspace area designated as a 

surface area and the Class E airspace 

area extending upward from 700 feet 

above the surface at Dodge City, KS.

DATES: This direct final rule is effective 

on 0901 UTC, January 20, 2005.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division, 

Airspace Branch, ACE–520C, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2525.

SUPPLEMENTARY INFORMATION: 

History 

Federal Register document 04–23387, 

published on Tuesday, October 19, 2004 

(69 FR 61439), modified the Class E 

airspace area designated as a surface 

area and the Class E airspace area 

extending upward from 700 feet above 

the surface at Dodge City, KS. The 

modification corrected discrepancies in 

the Dodge City Regional Airport airport 

reference point (ARP) used in the legal 

descriptions, corrected the airspace 

dimensions to protect for diverse 

departures, established an extension to 

the airspace area extending upward 

from 700 feet above the surface and 

brought the legal descriptions of the 

Dodge City, KS Class E airspace areas 

into compliance with FAA Orders 

7400.2E, Procedures for Handling 

Airspace Matters, and 8260.19C, Flight 

Procedures and Airspace. However, the 

Dodge City Regional Airport ARP has 

since been recomputed requiring a 

further revision to the Dodge City, KS 

Class E airspace areas.

■ Accordingly, pursuant to the authority 

delegated to me, the legal descriptions of 

the Class E airspace area designated as a 

surface area and the Class E airspace area 

extending upward from 700 feet above 

the surface at Dodge City, KS, as 

published in the Federal Register on 

Tuesday, October 19, 2004, (69 FR 

61439) (FR Doc. 04–23387) are corrected 

as follows:

PART 71—[CORRECTED]

§ 71.1 [Corrected]

■ On page 61440, Column 2, change the 

third paragraph to read:

‘‘ACE KS E2 Dodge City, KS 

Dodge City Regional Airport, KS 

(Lat. 37°45′53′′ N., long. 99°58′00′′ W.)

Within a 4.2-mile radius of Dodge City 

Regional Airport.’’

■ On page 61440, Column 2, change the 

fifth paragraph to read:

‘‘ACE KS E5 Dodge City, KS 

Dodge City Regional Airport, KS 

(Lat. 37°45′53′′ N., long. 99°58′00′′ W.) 

Dodge City VORTAC 

(Lat. 37°51′02′′ N., long. 100°00′20′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of Dodge City Regional Airport and 

within 1.9 miles each side of the Dodge City 

VORTAC 160° radial extending from the 6.7-

mile radius of the airport to 17 miles 

southeast of the VORTAC.’’

Issued in Kansas City, MO, on November 

4, 2004. 

Anthony D. Roetzel, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–25700 Filed 11–19–04; 8:45 am] 

BILLING CODE 4910–13–M

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 37 and 38 

RIN 3038–AC14 

Application Procedures for 

Registration as a Derivatives 

Transaction Execution Facility or 

Designation as a Contract Market

AGENCY: Commodity Futures Trading 

Commission.

ACTION: Final rules.

SUMMARY: The Commodity Futures 

Trading Commission (Commission or 

CFTC) is amending its regulations to 

revise the application and review 

procedures for registration as a 

Derivatives Transaction Execution 

Facility (DTEF) or designation as a 

Contract Market (DCM). The 

amendments eliminate the presumption 

of automatic fast-track review of 

applications and replace it with the 

presumption that all applications will 

be reviewed pursuant to the statutory 

180-day timeframe and procedures