Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / Rules and Regulations 6533

incidental costs, such as the time 

required to gain access and close up, 

planning time, or time necessitated by 

other administrative actions. 

Manufacturer warranty remedies may be 

available for labor costs associated with 

this proposed AD. As a result, the costs 

attributable to the proposed AD may be 

less than stated above. 

Regulatory Impact 

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. 

For the reasons discussed above, I 

certify that this action (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under 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. A final evaluation has 

been prepared for this action and it is 

contained in the Rules Docket. A copy 

of it may be obtained from the Rules 

Docket at the location provided under 

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety.

Adoption of the Amendment

■ Accordingly, pursuant to 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. Section 39.13 is amended by adding 

the following new airworthiness 

directive:

2004–03–21 McDonnell Douglas:

Amendment 39–13465. Docket 2002–

NM–213–AD.

Applicability: Model 717–200 airplanes, as 

listed in Boeing Service Bulletin 717–55–

0005, dated June 27, 2002; certificated in any 

category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To detect material defects in the inboard 

ends of the outer skin panels of the 

horizontal stabilizer at Station Xh=±7.234, 

which could lead to cracks and an associated 

loss of strength in the attachments, and 

consequent reduced structural integrity of the 

horizontal stabilizer, accomplish the 

following: 

Inspection 

(a) Prior to the accumulation of 10,000 total 

flight cycles, or within 15 months after the 

effective date of this AD, whichever occurs 

later, do an ultrasonic inspection of the 

inboard ends of the outer skin panels of the 

horizontal stabilizer at Station Xh=±7.234 for 

material defects, per the Accomplishment 

Instructions of Boeing Service Bulletin 717–

55–0005, dated June 27, 2002. 

Corrective Action 

(b) If any defects are found during the 

inspection required by paragraph (a) of this 

AD, and the service bulletin specifies 

contacting Boeing for appropriate action: 

Before further flight, repair per a method 

approved by the Manager, Los Angeles 

Aircraft Certification Office (ACO), FAA; or 

per data meeting the type certification basis 

of the airplane approved by a Boeing 

Company Designated Engineering 

Representative who has been authorized by 

the Manager, Los Angeles ACO, to make such 

findings. For a repair method to be approved, 

as required by this paragraph, the approval 

letter must specifically refer to this AD. 

Alternative Methods of Compliance 

(c) In accordance with 14 CFR 39.19, the 

Manager, Los Angeles ACO, FAA, is 

authorized to approve alternative methods of 

compliance for this AD. 

Incorporation by Reference 

(d) Unless otherwise specified in this AD, 

the actions shall be done in accordance with 

Boeing Service Bulletin 717–55–0005, dated 

June 27, 2002. This incorporation by 

reference was approved by the Director of the 

Federal Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Copies may be 

obtained from Boeing Commercial Airplanes, 

Long Beach Division, 3855 Lakewood 

Boulevard, Long Beach, California 90846, 

Attention: Data and Service Management, 

Dept. C1–L5A (D800–0024). Copies may be 

inspected at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington; or at the FAA, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California; or at the 

Office of the Federal Register, 800 North 

Capitol Street, NW., suite 700, Washington, 

DC. 

Effective Date 

(e) This amendment becomes effective on 

March 17, 2004.

Issued in Renton, Washington, on January 

30, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2581 Filed 2–10–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–233–AD; Amendment 

39–13466; AD 2004–03–22] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Model Falcon 2000 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Dassault Model 

Falcon 2000 series airplanes, that 

requires modification of the forward ribs 

of the left and right engine pylons to 

plug holes left open during production. 

This action is necessary to prevent fuel 

leakage into a ‘‘hot’’ section of the 

engine, and consequent propagation of 

an uncontained engine fire. This action 

is intended to address the identified 

unsafe condition.

DATES: Effective March 17, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of March 17, 

2004.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from Dassault Falcon Jet, P.O. Box 2000, 

South Hackensack, New Jersey 07606. 

This information may be examined at 

the Federal Aviation Administration 

(FAA), Transport Airplane Directorate, 

Rules Docket, 1601 Lind Avenue, SW., 

Renton, Washington; or at the Office of 

the Federal Register, 800 North Capitol 

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1137; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an airworthiness directive (AD) 

that is applicable to certain Dassault 

Model Falcon 2000 series airplanes was 

6534 Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / Rules and Regulations 

published in the Federal Register on 

December 4, 2003 (68 FR 67816). That 

action proposed to require modification 

of the forward ribs of the left and right 

engine pylons to plug holes left open 

during production. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. No 

comments were submitted in response 

to the proposal or the FAA’s 

determination of the cost to the public. 

Conclusion 

We have determined that air safety 

and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

We estimate that 119 airplanes of U.S. 

registry will be affected by this AD, that 

it will take approximately 1 work hour 

per airplane to accomplish the required 

actions, and that the average labor rate 

is $65 per work hour. The cost of 

required parts is minimal. Based on 

these figures, the cost impact of the AD 

on U.S. operators is estimated to be 

$7,735, or $65 per airplane. 

The cost impact figure discussed 

above is based on assumptions that no 

operator has yet accomplished any of 

the requirements of this AD action, and 

that no operator would accomplish 

those actions in the future if this AD 

were not adopted. The cost impact 

figures discussed in AD rulemaking 

actions represent only the time 

necessary to perform the specific actions 

actually required by the AD. These 

figures typically do not include 

incidental costs, such as the time 

required to gain access and close up, 

planning time, or time necessitated by 

other administrative actions. 

Regulatory Impact 

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. 

For the reasons discussed above, I 

certify that this action (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under 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. A final evaluation has 

been prepared for this action and it is 

contained in the Rules Docket. A copy 

of it may be obtained from the Rules 

Docket at the location provided under 

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety.

Adoption of the Amendment

■ Accordingly, pursuant to 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. Section 39.13 is amended by adding 

the following new airworthiness 

directive:

2004–03–22 Dassault Aviation:

Amendment 39–13466. Docket 2002–

NM–233–AD.

Applicability: Model Falcon 2000 series 

airplanes on which Dassault Modification 

M2111 has not been installed, certificated in 

any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent fuel leakage into a ‘‘hot’’

section of the engine, and consequent 

propagation of an uncontained engine fire, 

accomplish the following: 

Modification of the Engine Pylons 

(a) Within 7 months after the effective date 

of this AD, modify the forward ribs of the left 

and right engine pylons by plugging the two 

4-millimeter holes in each rib in accordance 

with the Accomplishment Instructions of 

Dassault Service Bulletin F2000–248, dated 

August 12, 2002. Although the service 

bulletin specifies to submit certain 

information to the manufacturer, this AD 

does not include such a requirement. 

Alternative Methods of Compliance 

(b) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, 

FAA, Transport Airplane Directorate, is 

authorized to approve alternative methods of 

compliance for this AD. 

Incorporation by Reference 

(c) The actions shall be done in accordance 

with Dassault Service Bulletin F2000–248, 

dated August 12, 2002. This incorporation by 

reference was approved by the Director of the 

Federal Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Copies may be 

obtained from Dassault Falcon Jet, P.O. Box 

2000, South Hackensack, New Jersey 07606. 

Copies may be inspected at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or at the 

Office of the Federal Register, 800 North 

Capitol Street, NW., suite 700, Washington, 

DC.

Note 1: The subject of this AD is addressed 

in French airworthiness directive 2002–

413(B), dated August 7, 2002.

Effective Date 

(d) This amendment becomes effective on 

March 17, 2004.

Issued in Renton, Washington, on January 

30, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2580 Filed 2–10–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–267–AD; Amendment 

39–13460; AD 2004–03–16] 

RIN 2120–AA64 

Airworthiness Directives; Dornier 

Model 328–300 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Dornier Model 

328–300 series airplanes, that requires 

replacement of 3-switch and 4-switch 

overhead fire extinguisher control 

panels with new, improved panels. This 

action is necessary to prevent the 

inadvertent release of the fire switch 

pushbutton on the overhead fire 

extinguisher control panel with the 

switch guard closed, which could result 

in an uncommanded engine shutdown. 

This action is intended to address the 

identified unsafe condition.

DATES: Effective March 17, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of March 17, 

2004.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from AvCraft Aerospace GmbH, P.O. 

Box 1103, D–82230 Wessling, Germany. 

This information may be examined at 

the Federal Aviation Administration 

(FAA), Transport Airplane Directorate, 

Rules Docket, 1601 Lind Avenue, SW., 

Renton, Washington; or at the Office of