70566 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 

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

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

BAE Systems (Operations) Limited 

(Formerly British Aerospace Regional 

Aircraft): Docket No. FAA–2004–19765; 

Directorate Identifier 2002–NM–72–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

January 6, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to BAE Systems 

(Operations) Limited Model BAe 146 series 

airplanes and Model Avro 146-RJ series 

airplanes; certificated in any category; on 

which modification HCM01037A has been 

incorporated. 

Unsafe Condition 

(d) This AD was prompted by a report of 

chafing on the wing to fuselage fairing 

panels. We are issuing this AD to prevent 

chafing of the fuselage skin and reinforcing 

plates, which could lead to reduced 

structural integrity of the airplane’s fuselage. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Service Bulletin 

(f) The term ‘‘service bulletin,’’ as used in 

this AD, means the Accomplishment 

Instructions of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53–

162, dated September 12, 2001. 

Repetitive Detailed Inspections 

(g) Prior to the accumulation of 8,000 total 

flight cycles, or within 500 flight cycles after 

the effective date of this AD, whichever 

occurs later, do a detailed inspection to 

detect discrepancies (i.e., chafing outside the 

limits specified in the service bulletin, 

scoring, or cracking) of the fuselage skin and 

reinforcing plates along the wing to fuselage 

fairing access panels on the left- and righthand sides of the airplane, in accordance 

with the service bulletin. Repeat the detailed 

inspection thereafter at intervals not to 

exceed 4,000 flight cycles, until the 

terminating action specified in paragraph (i) 

of this AD has been done.

Note 1: For the purposes of this AD, a 

detailed inspection is ‘‘an intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirrors magnifying 

lenses, etc. may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

Corrective Action 

(h) If any discrepancy is found during the 

detailed inspection required by paragraph (g) 

of this AD, before further flight, repair 

according to a method approved by either the 

Manager, International Branch, ANM–116, 

FAA, Transport Airplane Directorate; or the 

Civil Aviation Authority (CAA) (or its 

delegated agent). 

Optional Terminating Action and Follow-on 

Inspections 

(i) Modify the fuselage skin at the wing-tofuselage access panels, do the related 

repetitive investigative action, and do 

applicable corrective actions by 

accomplishing all the actions in accordance 

with the Accomplishment Instructions of 

BAE Systems (Operations) Limited 

Modification Service Bulletin SB.53–162–

01698A, Revision 1, dated January 31, 2002. 

These actions terminate the repetitive 

inspections required by paragraph (g) of this 

AD. Repeat the related repetitive 

investigative action (which involves 

inspecting the protective tape and sealant for 

damage) thereafter at intervals not to exceed 

4,000 flight cycles. 

No Reporting 

(j) Although the service bulletin referenced 

in this AD specifies to submit an inspection 

report, this AD does not include that 

requirement. 

Alternative Methods of Compliance 

(AMOCs) 

(k) The Manager, International Branch, 

ANM–116, has the authority to approve 

AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

Related Information 

(l) British airworthiness directive 002–09–

2001 also addresses the subject of this AD.

Issued in Renton, Washington, on 

November 26, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26799 Filed 12–6–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19761; Directorate 

Identifier 2003–NM–167–AD] 

RIN 2120–AA64

Airworthiness Directives; Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Bombardier Model CL–600–

2B19 (Regional Jet Series 100 and 440) 

airplanes. This proposed AD would 

require modification of the Auxiliary 

Power Unit (APU) cooling air exhaust. 

This proposed AD is prompted by 

reports of incomplete drainage of the 

APU enclosure. We are proposing this 

AD to prevent a negative pressure 

condition from developing in the APU 

enclosure when the APU is operating on 

the ground, which could create a 

potential fire hazard if flammable liquid 

leakage occurs inside the APU enclosure 

and cannot be drained overboard.

DATES: We must receive comments on 

this proposed AD by January 6, 2005.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed 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. 

• By fax: (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. 

For service information identified in 

this proposed AD, contact Bombardier, 

Inc., Canadair, Aerospace Group, P.O. 

Box 6087, Station Centre-ville, 

Montreal, Quebec H3C 3G9, Canada. 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or 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 E. 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.

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 70567

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. 

Comments Invited 

We invite you to submit any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19761; Directorate Identifier 

2003–NM–167–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments submitted by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of our docket 

website, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You can 

review the DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov.

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

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 office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

Transport Canada Civil Aviation 

(TCCA), which is the airworthiness 

authority for Canada, notified us that an 

unsafe condition may exist on certain 

Bombardier Model CL–600–2B19 

(Regional Jet series 100 & 440) airplanes. 

TCCA advises that incomplete drainage 

of the APU enclosure has been reported 

in service. Further investigation 

revealed that negative pressure, which 

may contribute to the drainage problem, 

could be created in the APU enclosure 

when the APU is operating on the 

ground. This condition, if not corrected, 

could create a potential fire hazard if 

flammable liquid leakage occurs inside 

the APU enclosure and cannot be 

completely drained overboard. 

Relevant Service Information 

Bombardier has issued Service 

Bulletin S.B. 601R–49–015, including 

Appendix A, dated November 6, 1998, 

which describes procedures for 

modification of the APU cooling air 

exhaust. This modification corrects the 

negative pressure problem and increases 

the volume of air entering the APU 

enclosure. Accomplishing the actions 

specified in the service information is 

intended to adequately address the 

unsafe condition. TCCA mandated the 

service information and issued 

Canadian airworthiness directive CF–

2002–21, dated March 21, 2002, to 

ensure the continued airworthiness of 

these airplanes in Canada. 

Bombardier Service Bulletin S.B. 

601R–49–015 refers to Avica Service 

Bulletin 10S145–49–01, dated July 15, 

1998, and Canadair Kit Drawing 

K601R97150, Rev NC, as additional 

sources of service information for doing 

the modification. The Avica service 

bulletin and the Canadair Kit Drawing 

are included as Appendix A of the 

Bombardier service bulletin. 

FAA’s Determination and Requirements 

of the Proposed AD 

This airplane model is manufactured 

in Canada and is type certificated for 

operation in the United States under the 

provisions of § 21.29 of the Federal 

Aviation Regulations (14 CFR 21.29) 

and the applicable bilateral 

airworthiness agreement. Pursuant to 

this bilateral airworthiness agreement, 

TCCA has kept the FAA informed of the 

situation described above. We have 

examined TCCA’s findings, evaluated 

all pertinent information, and 

determined that AD action is necessary 

for products of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are proposing this AD, 

which would require modification of 

the APU cooling air exhaust. The 

proposed AD would require you to use 

the Bombardier service information 

described previously to perform these 

actions. 

Differences Between the Bombardier 

Service Bulletin and This Proposed AD 

Although the Accomplishment 

Instructions of the Bombardier service 

bulletin indicate to submit a comment 

sheet and a compliance sheet, this 

proposed AD does not require that 

action. 

Costs of Compliance 

This proposed AD would affect about 

120 airplanes of U.S. registry. The 

proposed actions would take about 10 

work hours per airplane, at an average 

labor rate of $65 per work hour. There 

would be no charge for parts that may 

be required to perform the actions 

required by this AD. Based on these 

figures, the estimated cost of the 

proposed AD for U.S. operators is 

$78,000, or $650 per airplane. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106, describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701, ‘‘General requirements.’’ Under 

that section, the FAA is charged with 

promoting safety flight of civil aircraft 

in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

proposed AD. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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. 

70568 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Proposed Rules 

For the reasons discussed above, I 

certify that the proposed regulation: 

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 regulatory evaluation 

of the estimated costs to comply with 

this proposed AD. See the ADDRESSES

section for a location to examine the 

regulatory evaluation.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation 

safety, Safety.

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD):

Bombardier, Inc. (Formerly Canadair):

Docket No. FAA–2004–19761; 

Directorate Identifier 2003–NM–167–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by January 6, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier Model 

CL–600–2B19 (Regional Jet Series 100 and 

440) airplanes, certificated in any category, as 

identified in Bombardier Service Bulletin 

S.B. 601R–49–015, including Appendix A, 

dated November 6, 1998. 

Unsafe Condition 

(d) This AD is prompted by reports of 

incomplete drainage of the Auxiliary Power 

Unit (APU) enclosure. We are issuing this AD 

to prevent a negative pressure condition from 

developing in the APU enclosure when the 

APU is operating on the ground, which could 

create a potential fire hazard if flammable 

fluid leakage occurs inside the APU 

enclosure and cannot be drained overboard. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Modify APU Cooling Air Exhaust 

(f) Within 2,000 flight hours after the 

effective date of the AD, or within 16 months 

after the effective date of this AD, whichever 

occurs first: Modify the APU cooling air 

exhaust by doing all of the actions in the 

Accomplishment Instructions of Bombardier 

Service Bulletin S.B. 601R–49–015, dated 

November 6, 1998, except that submitting a 

comment sheet and a compliance sheet are 

not required by this AD.

Note 1: Bombardier Service Bulletin S.B. 

601R–49–015, dated November 6, 1998, 

refers to Avica Service Bulletin 10S145–49–

01, dated July 15, 1998, and Canadair Kit 

Drawing K601R97150, Rev NC, as additional 

sources of service information for doing the 

modification. The Avica service bulletin and 

the Canadair Kit Drawing are included as 

Appendix A of the Bombardier service 

bulletin.

Parts Installation 

(g) As of the effective date of this AD, no 

person may install an APU enclosure having 

Canadair part number (P/N) 601R97150–13, 

or Avica P/N 15A104–101, on any airplane, 

unless the unit has been modified in 

accordance with paragraph (f) of this AD. 

Alternative Methods of Compliance 

(h) The Manager, New York Aircraft 

Certification Office, has the authority to 

approve alternative methods of compliance 

for this AD if requested using the procedures 

found in 14 CFR 39.19. 

Related Information 

(i) Transport Canada Civil Aviation 

Canadian airworthiness directive CF–2002–

21, dated March 21, 2002, also addresses the 

subject of this AD.

Issued in Renton, Washington, on 

November 26, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26798 Filed 12–6–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19762; Directorate 

Identifier 2004–NM–168–AD] 

RIN 2120–AA64

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 Series 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Airbus Model A318, A319, A320, and 

A321 series airplanes. This proposed 

AD would require an inspection of the 

spoiler servo control for certain part 

numbers and corrective action if 

necessary. This proposed AD is 

prompted by a report of a broken piston 

rod bearing of the spoiler servo control. 

We are proposing this AD to prevent 

breakage of the piston rod bearing, 

which could cause loss of the associated 

hydraulic system and spoiler extension, 

and could result in reduced 

controllability of the airplane.

DATES: We must receive comments on 

this proposed AD by January 6, 2005.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed 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. 

• By fax: (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. 

For service information identified in 

this proposed AD, contact Airbus, 1 

Rond Point Maurice Bellonte, 31707 

Blagnac Cedex, France. 

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. 

This docket number is FAA–2004–

19762; the directorate identifier for this 

docket is 2004–NM–168–AD.

FOR FURTHER INFORMATION CONTACT:

Technical information: Dan Rodina, 

Aerospace Engineer, International 

Branch, ANM–116, FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2125; 

fax (425) 227–1149. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets