53558 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations 

23, 2004. Do the applicable corrective actions 

before further flight. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

Credit for Alternative Method of Compliance 

(g) Actions done before the effective date 

of this AD in accordance with Fokker Service 

Bulletin F27/28–58, dated May 12, 1986, are 

acceptable for compliance with the 

requirements of paragraph (f) of this AD. 

Parts Installation 

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

person may install a rotary knob having part 

number E10632–3, 10632–10003, or P80–004 

on any airplane, unless the corrective actions 

specified in paragraph (f) of this AD have 

been accomplished. 

No Reporting Requirement 

(i) Although the service bulletin referenced 

in this AD specifies to submit certain 

information to the manufacturer, this AD 

does not include that requirement. 

Alternative Methods of Compliance 

(AMOCs) 

(j) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

Related Information 

(k) Dutch airworthiness directive NL–

2004–037 R1, dated April 14, 2005, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(l) You must use Fokker Service Bulletin 

F27/28–67, dated February 23, 2004, to 

perform the actions that are required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference of this document 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Contact Fokker Services B.V., P.O. 

Box 231, 2150 AE Nieuw-Vennep, the 

Netherlands, for a copy of this service 

information. You may review copies at the 

Docket Management Facility, U.S. 

Department of Transportation, 400 Seventh 

Street, SW., room PL–401, Nassif Building, 

Washington, DC; on the Internet at http:// 

dms.dot.gov; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at the NARA, call (202) 741–6030, 

or go to http://www.archives.gov/federalregister/cfr/ibr-locations.html. 

Issued in Renton, Washington, on August 

31, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–17771 Filed 9–8–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–21435; Directorate 

Identifier 2004–NM–163–AD; Amendment 

39–14257; AD 2005–18–17] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Bombardier Model DHC–8–400 series 

airplanes. This AD requires a one-time 

inspection of the fuel and hydraulic 

tubes, and corrective actions if 

necessary. This AD also requires 

modifying fairlead plate assemblies. 

This AD results from reports of chafing 

between fuel and hydraulic tubes and 

the fairlead plate where the tubes pass 

through the firewall. We are issuing this 

AD to prevent chafing of the fuel and 

hydraulic tubes, which could lead to 

fuel and/or hydraulic fluid leakage in 

the engine nacelle area and consequent 

fire or explosion. 

DATES: This AD becomes effective 

October 14, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of October 14, 2005. 

ADDRESSES: You may examine the 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., Nassif Building, room PL–401, 

Washington, DC. 

Contact Bombardier, Inc., Bombardier 

Regional Aircraft Division, 123 Garratt 

Boulevard, Downsview, Ontario M3K 

1Y5, Canada, for service information 

identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Richard Fiesel, 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) 256–7504; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may examine the airworthiness 

directive (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 street address stated in the 

ADDRESSES section. 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to certain Bombardier Model 

DHC–8–400 series airplanes. That 

NPRM was published in the Federal 

Register on June 14, 2005 (70 FR 34409). 

That NPRM proposed to require a onetime inspection of the fuel and 

hydraulic tubes, and corrective actions 

if necessary. That NPRM also proposed 

to require modifying fairlead plate 

assemblies. 

Explanation of Change to Applicability 

We have revised the applicability of 

the proposed AD to identify model 

designations as published in the most 

recent type certificate data sheet for the 

affected models. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We received no 

comments on the NPRM or on the 

determination of the cost to the public. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD with the change 

described previously. We have 

determined that this change will neither 

increase the economic burden on any 

operator nor increase the scope of the 

AD. 

Costs of Compliance 

This AD will affect about 18 airplanes 

of U.S. registry. The actions will take 

about 4 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Required parts will cost about $200 per 

airplane. Based on these figures, the 

estimated cost of the AD for U.S. 

operators is $8,280, or $460 per 

airplane. 

Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations 53559 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. 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. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe 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 rulemaking 

action. 

Regulatory Findings 

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. 

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 

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 AD and placed it in the AD docket. 

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, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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): 

2005–18–17 Bombardier, Inc. (Formerly de 

Havilland, Inc.): Amendment 39–14257. 

Docket No. FAA–2005–21435; 

Directorate Identifier 2004–NM–163–AD. 

Effective Date 

(a) This AD becomes effective October 14, 

2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier Model 

DHC–8–400 series airplanes, serial numbers 

4003 through 4089 inclusive, certificated in 

any category. 

Unsafe Condition 

(d) This AD results from reports of chafing 

between fuel and hydraulic tubes and the 

fairlead plate where the tubes pass through 

the firewall. We are issuing this AD to 

prevent chafing of the fuel and hydraulic 

tubes, which could lead to fuel and/or 

hydraulic fluid leakage in the engine nacelle 

area and consequent fire or explosion. 

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 Reference 

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

this AD, means the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–54–09, Revision ‘‘B,’’ dated June 15, 2004. 

Inspection, Corrective Action, and 

Modification 

(g) For airplanes on which Bombardier 

Systems Drawings (SYD) 84–28–002 and SYD 

84–29–006 have not been incorporated or on 

which Modsum 4–184081 and Modsum 4–

184079 have not been incorporated: Within 

500 flight hours after the effective date of this 

AD, do the actions specified in paragraph (i) 

of this AD. 

(h) For airplanes on which Bombardier 

SYD 84–28–002 and SYD 84–29–006 have 

been incorporated or on which Modsum 4–

184081 and Modsum 4–184079 have been 

incorporated: Within 4,000 flight hours after 

the effective date of this AD, do the actions 

specified in paragraph (i) of this AD. 

(i) For airplanes identified in paragraphs 

(g) and (h) of this AD at the times specified 

in paragraphs (g) and (h) of this AD, do the 

actions specified in paragraphs (i)(1) and 

(i)(2) of this AD in accordance with the 

service bulletin. 

(1) Do a general visual inspection of the 

fuel/hydraulic tubes for nicks, dents, chafing, 

or damage. If any nick, dent, chafing, or 

damage is found that is above the applicable 

limit specified as ‘‘Acceptable’’ in the service 

bulletin: Do the applicable corrective action 

in accordance with the service bulletin at the 

applicable time specified in the service 

bulletin. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

(2) Modify the fairlead plate assemblies in 

accordance with the service bulletin. 

Note 2: Bombardier Service Bulletin 84–

54–09, Revision ‘‘B,’’ dated June 15, 2004, 

refers to GKN Aerospace Services Service 

Bulletin 1–71–20, dated April 7, 2004, as an 

additional source of service information for 

modifying the fairlead plate assemblies. The 

GKN service bulletin is included in the 

Bombardier service bulletin. 

Actions Done According to Previous Issue of 

Service Bulletin 

(j) Actions done before the effective date of 

this AD in accordance with Bombardier 

Service Bulletin 84–54–09, dated January 23, 

2004; or Revision ‘‘A,’’ dated April 22, 2004; 

are acceptable for compliance with the 

corresponding requirements of this AD. 

Parts Installation 

(k) After the effective date of this AD, no 

person may install a plate, part number 

85415048–107, 85415048–108, 85415087–

107, or 85415087–108, on any airplane. 

Alternative Methods of Compliance 

(AMOCs) 

(l) The Manager, New York Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

Related Information 

(m) Canadian airworthiness directive CF–

2004–07, dated April 14, 2004, also addresses 

the subject of this AD. 

Material Incorporated by Reference 

(n) You must use Bombardier Service 

Bulletin 84–54–09, Revision ‘‘B,’’ dated June 

15, 2004, to perform the actions that are 

required by this AD, unless the AD specifies 

otherwise. The Director of the Federal 

Register approved the incorporation by 

reference of this document in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Contact Bombardier, Inc., Bombardier 

Regional Aircraft Division, 123 Garratt 

Boulevard, Downsview, Ontario M3K 1Y5, 

Canada, for a copy of this service 

information. You may review copies at the 

Docket Management Facility, U.S. 

Department of Transportation, 400 Seventh 

Street SW., room PL–401, Nassif Building, 

Washington, DC; on the Internet at http:// 

53560 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations 

1The National Air Carrier Association 

recommended that the FAA provide a minimum of 

six months from issuing the final rule to full 

implementation and revision of its ICAO difference 

because its member airlines need to provide time 

for the initial processing of the several hundred 

thousand applications required for this SIC pilot 

type rating. The representative of American Airlines 

requested 18 months to complete the initial 

certification process for its initial 3,066 pilots that 

are not currently type rated. 

dms.dot.gov; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at the NARA, call (202) 741–6030, 

or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

September 1, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–17779 Filed 9–8–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 61 

[Docket No. FAA–2004–19630; Amendment 

No. 61–108] 

RIN 2120–AI38 

Second-in-Command Pilot Type Rating 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; compliance date and 

correction. 

SUMMARY: The FAA is establishing a 

compliance date for the final rule 

published in the Federal Register on 

August 4, 2005. The rule revised the 

pilot certification regulations to 

establish a second-in-command (SIC) 

pilot type rating and associated 

qualifying procedures. This action is 

necessary to give affected pilots time to 

prepare and file the paperwork 

necessary to obtain the SIC pilot type 

rating. We also are correcting the 

amendment number of the final rule. 

DATES: Effective date: The final rule’s 

effective date remains September 6, 

2005. 

Compliance date: Pilots acting as a 

second in command and who will be 

flying outside U.S. domestic airspace 

and landing in a foreign country must 

hold the appropriate SIC pilot type 

rating no later than June 6, 2006. 

FOR FURTHER INFORMATION CONTACT: John 

D. Lynch, Certification Branch, AFS–

840, General Aviation and Commercial 

Division, Flight Standards Service, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–3844 or via the Internet at: 

john.d.lynch@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents 

You can get an electronic copy of this 

document using the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Visiting the FAA’s Regulations and 

Policy Web page at http://www.faa.gov/ 

regulations_policy/; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the amendment number or 

docket number of this rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

Therefore, any small entity that has a 

question regarding this document may 

contact their local FAA official, or the 

person listed under FOR FURTHER

INFORMATION CONTACT. You can find out 

more about SBRFA on the Internet at 

our site, http://www.faa.gov/avr/arm/ 

sbrefa.cfm. 

Authority for This Action 

The Department of Transportation 

(DOT) has the responsibility, under the 

laws of the United States, to develop 

transportation policies and programs 

that contribute to providing fast, safe, 

efficient, and convenient transportation 

(49 U.S.C. 101). The Federal Aviation 

Administration (FAA) is an agency of 

DOT. The Administrator of the FAA has 

general authority to issue rules 

regarding aviation safety (49 U.S.C. 

106(g) and 44701). When an individual 

is found to be qualified for, and 

physically able to perform, certain 

duties, including those associated with 

flying and navigating an aircraft, the 

FAA issues an airman certificate. The 

airman certificate must specify the 

capacity in which the holder of the 

certificate may serve with respect to an 

aircraft (49 U.S.C. 44703). It is relevant 

to this rulemaking to also point out that, 

in carrying out their duties, the 

Secretary of Transportation and the 

Administrator of the FAA must act 

consistently with obligations of the 

United States Government under an 

international agreement (49 U.S.C. 

40105). 

This action establishes a compliance 

date for the SIC pilot type rating and 

associated qualifying procedures. The 

compliance date is the date that those 

affected by a rule must begin to follow 

it. In the preamble to the amendments 

adopted on August 4, 2005, the FAA 

found the amendments to be a 

reasonable and necessary exercise of our 

rulemaking authority and obligations. 

We now find that establishing a 

compliance date, by extension, also is a 

reasonable and necessary exercise of our 

rulemaking authority and obligations. 

Background 

On August 4, 2005, the FAA amended 

its regulations to provide for issuance of 

a pilot type rating for SIC privileges 

when a person completes the SIC pilot 

familiarization training set forth under 

14 CFR 61.55(b), an FAA-approved SIC 

training curriculum under 14 CFR parts 

121 or 135, or a proficiency check under 

14 CFR part 125. See 70 FR 45263. The 

amendments adopted on August 4, 

2005, are based on a notice of proposed 

rulemaking (NPRM) published in the 

Federal Register on November 16, 2004. 

See 69 FR 67258. 

The amendments require pilots acting 

as second in command and who plan to 

fly outside U.S. airspace and land in 

foreign countries to obtain the SIC pilot 

type rating. The amendments also 

establish two procedures for obtaining 

the SIC pilot type rating. The effective 

date of the amendments is September 6, 

2005. The effective date is the date the 

amendments affect the current Code of 

Federal Regulations (CFR). 

Establishing a Compliance Date 

Although we received two comments 

on the November NPRM asking for 6 to 

18 months for pilots to comply with the 

requirement to obtain a SIC pilot type 

rating,1 the FAA believed that 30 days 

(by September 6, 2005) was sufficient 

time. Additionally, the FAA has been 

put on notice by several foreign civil 

aviation authorities that they intend to 

begin enforcing the type-rating 

requirement; thus we believe that the 

sooner the rule becomes effective and 

U.S. pilots receive their SIC pilot type 

ratings, the sooner U.S. flight crews will 

be able to operate internationally 

unimpeded. 

The Agency, however, has 

reevaluated the time necessary for pilots 

to comply with the amendments. Since