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section for a location to examine the PART 39—AIRWORTHINESS Comments Due Date
regulatory evaluation. DIRECTIVES (a) The Federal Aviation Administration
(FAA) must receive comments on this AD
List of Subjects in 14 CFR Part 39 1. The authority citation for part 39
action by April 1, 2005.
continues to read as follows:
Air transportation, Aircraft, Aviation Affected ADs
safety, Safety. Authority: 49 U.S.C. 106(g), 40113, 44701.
(b) None.
The Proposed Amendment § 39.13 [Amended]
2. The FAA amends § 39.13 by adding Applicability
Accordingly, under the authority the following new airworthiness (c) This AD applies to the airplanes listed
delegated to me by the Administrator, directive (AD): in Table 1 of this AD, certificated in any
the FAA proposes to amend 14 CFR part Boeing: Docket No. FAA–2005–20347; category:
39 as follows: Directorate Identifier 2004–NM–226–AD.
TABLE 1.—APPLICABILITY
Boeing models As listed in
737–300, -400, and –500 series airplanes .............................................. Boeing Alert Service Bulletin 737–34A1821, dated July 15, 2004.
737–600, –700, –700C, –800 and –900 series airplanes ........................ Boeing Alert Service Bulletin 737–34A1801, dated July 15, 2004.
Unsafe Condition accordance with the procedures found in 14 DATES: We must receive comments on
(d) This AD was prompted by one operator CFR 39.19. this proposed AD by March 17, 2005.
reporting flight management computer (FMC) Issued in Renton, Washington, on February ADDRESSES: Use one of the following
map shifts on several Model 737–400 series 2, 2005. addresses to submit comments on this
airplanes with dual FMCs, using operational Ali Bahrami,
program software (OPS) version U10.4A. We
proposed AD.
Manager, Transport Airplane Directorate, • DOT Docket Web site: Go to
are issuing this AD to prevent the FMC from
Aircraft Certification Service. http://dms.dot.gov and follow the
displaying the incorrect actual navigation
performance value to the flightcrew, which [FR Doc. 05–2827 Filed 2–14–05; 8:45 am] instructions for sending your comments
could prevent adequate alerting of a potential BILLING CODE 4910–13–P electronically.
navigation error. This condition could result • Government-wide rulemaking Web
in a near miss with other airplanes or terrain,
site: Go to http://www.regulations.gov
or collision if other warning systems also fail. DEPARTMENT OF TRANSPORTATION
and follow the instructions for sending
Compliance Federal Aviation Administration your comments electronically.
(e) You are responsible for having the • Mail: Docket Management Facility,
actions required by this AD performed within 14 CFR Part 39 U.S. Department of Transportation, 400
the compliance times specified, unless the Seventh Street SW., Nassif Building,
actions have already been done. [Docket No. FAA–2005–20345; Directorate room PL–401, Washington, DC 20590.
Install Updated Version of OPS Identifier 2004–NM–101–AD] • By fax: (202) 493–2251.
(f) Within 180 days after the effective date • Hand Delivery: Room PL–401 on
of this AD, install the updated version of the RIN 2120–AA64 the plaza level of the Nassif Building,
OPS in the left and right FMCs; and, before 400 Seventh Street SW., Washington,
further flight, do all the other specified Airworthiness Directives; Dornier
Model 328–300 Series Airplanes DC, between 9 a.m. and 5 p.m., Monday
actions. Do the installation and other through Friday, except Federal holidays.
specified actions by accomplishing all of the
AGENCY: Federal Aviation For service information identified in
actions in the Accomplishment Instructions
of the applicable service bulletin, as listed in
Administration (FAA), Department of this proposed AD, contact AvCraft
Table 1 of this AD. Where the service bulletin Transportation (DOT). Aerospace GmbH, PO Box 1103, D–
specifies a configuration check, certificated ACTION: Notice of proposed rulemaking 82230 Wessling, Germany.
maintenance personnel must perform the (NPRM). You can examine the contents of this
configuration check. AD docket on the Internet at http://
SUMMARY: The FAA proposes to adopt a dms.dot.gov, or in person at the Docket
Reinstall Software, If Necessary
new airworthiness directive (AD) for Management Facility, U.S. Department
(g) If the incorrect software version of the certain Dornier Model 328–300 series
OPS, model/engine database if applicable, or of Transportation, 400 Seventh Street
airplanes. This proposed AD would SW., room PL–401, on the plaza level of
software options database is found installed
on any FMC during any configuration check
require installing a drain hole in the the Nassif Building, Washington, DC.
required by paragraph (f) of this AD: Before lower skin of the left- and right-hand This docket number is FAA–2005–
further flight, reinstall the software, as elevator horns. This proposed AD is 20345; the directorate identifier for this
applicable. Do the reinstallation of any prompted by reports of water found in docket is 2004–NM–101–AD.
software in accordance with the the elevator assembly. We are proposing
Accomplishment Instructions of the this AD to prevent water or ice FOR FURTHER INFORMATION CONTACT: Dan
applicable service bulletin, as listed in Table accumulating in the elevator assembly, Rodina, Aerospace Engineer,
1 of this AD. which could result in possible corrosion International Branch, ANM–116, FAA,
Alternative Methods of Compliance that reduces the structural integrity of Transport Airplane Directorate, 1601
(AMOCs) the flight control surface, or in an Lind Avenue, SW., Renton, Washington
unbalanced flight control surface. These 98055–4056; telephone (425) 227–2125;
(h) The Manager, Seattle Aircraft
Certification Office, FAA, has the authority to conditions could result in reduced fax (425) 227–1149.
approve AMOCs for this AD, if requested in controllability of the airplane. SUPPLEMENTARY INFORMATION:
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7690 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules
Comments Invited person at the Docket Management procedures for installing a drain hole in
We invite you to submit any relevant Facility office between 9 a.m. and 5 the lower skin of the left- and right-hand
written data, views, or arguments p.m., Monday through Friday, except elevator horns. Accomplishing the
regarding this proposed AD. Send your Federal holidays. The Docket actions specified in the service
Management Facility office (telephone information is intended to adequately
comments to an address listed under
(800) 647–5227) is located on the plaza address the unsafe condition. The LBA
ADDRESSES. Include ‘‘Docket No. FAA–
level of the Nassif Building at the DOT mandated the service information and
2005–20345; Directorate Identifier
street address stated in the ADDRESSES issued German airworthiness directive
2004–NM–101–AD’’ at the beginning of
section. Comments will be available in D–2004–005, dated January 8, 2004, to
your comments. We specifically invite
the AD docket shortly after the DMS ensure the continued airworthiness of
comments on the overall regulatory,
receives them. these airplanes in Germany.
economic, environmental, and energy
aspects of the proposed AD. We will Discussion FAA’s Determination and Requirements
consider all comments submitted by the The Luftfahrt-Bundesamt (LBA), of the Proposed AD
closing date and may amend the which is the airworthiness authority for
proposed AD in light of those This airplane model is manufactured
Germany, notified us that an unsafe
comments. in Germany and is type certificated for
condition may exist on certain Dornier
We will post all comments we operation in the United States under the
Model 328–300 series airplanes. The
receive, without change, to http:// provisions of § 21.29 of the Federal
LBA advises that there have been
dms.dot.gov, including any personal Aviation Regulations (14 CFR 21.29)
reports that, during maintenance, water
information you provide. We will also and the applicable bilateral
(from rain or condensation) was found
post a report summarizing each airworthiness agreement. Pursuant to
in the elevator assembly. The water
substantive verbal contact with FAA accumulates in the elevator due to the this bilateral airworthiness agreement,
personnel concerning this proposed AD. lack of a drain hole and could freeze in the LBA has kept the FAA informed of
Using the search function of our docket a cold environment (e.g., due to high the situation described above. We have
Web site, anyone can find and read the altitude or winter weather). examined the LBA’s findings, evaluated
comments in any of our dockets, Accumulated water or ice in the all pertinent information, and
including the name of the individual elevator assembly, if not corrected, determined that we need to issue an AD
who sent the comment (or signed the could result in possible corrosion that for products of this type design that are
comment on behalf of an association, reduces the structural integrity of the certificated for operation in the United
business, labor union, etc.). You can flight control surface, or in an States. Therefore, we are proposing this
review the DOT’s complete Privacy Act unbalanced flight control surface. These AD, which would require
Statement in the Federal Register conditions could result in reduced accomplishing the actions specified in
published on April 11, 2000 (65 FR controllability of the airplane. the service information described
19477–78), or you can visit previously.
http://dms.dot.gov. Relevant Service Information
Costs of Compliance
AvCraft Aerospace GmbH has issued
Examining the Docket Dornier Service Bulletin SB–328J–55– The following table provides the
You can examine the AD docket on 203, Revision 1, dated November 19, estimated costs for U.S. operators to
the Internet at http://dms.dot.gov, or in 2003. The service bulletin describes comply with this proposed AD.
ESTIMATED COSTS
Number of
Average labor Cost per air-
Action Work hours Parts U.S.-registered Fleet cost
rate per hour plane airplanes
Authority of This Rulemaking is within the scope of that authority 1. Is not a ‘‘significant regulatory
because it addresses an unsafe condition action’’ under Executive Order 12866;
Title 49 of the United States Code
that is likely to exist or develop on 2. Is not a ‘‘significant rule’’ under the
specifies the FAA’s authority to issue
products identified in this rulemaking DOT Regulatory Policies and Procedures
rules on aviation safety. Subtitle I,
action. (44 FR 11034, February 26, 1979); and
Section 106, describes the authority of
the FAA Administrator. Subtitle VII, Regulatory Findings 3. Will not have a significant
Aviation Programs, describes in more economic impact, positive or negative,
detail the scope of the Agency’s We have determined that this on a substantial number of small entities
authority. proposed AD would not have federalism under the criteria of the Regulatory
We are issuing this rulemaking under implications under Executive Order Flexibility Act.
the authority described in Subtitle VII, 13132. This proposed AD would not We prepared a regulatory evaluation
Part A, Subpart III, Section 44701, have a substantial direct effect on the of the estimated costs to comply with
‘‘General requirements.’’ Under that States, on the relationship between the this proposed AD. See the ADDRESSES
section, Congress charges the FAA with national Government and the States, or section for a location to examine the
promoting safe flight of civil aircraft in on the distribution of power and regulatory evaluation.
air commerce by prescribing regulations responsibilities among the various
levels of government. List of Subjects in 14 CFR Part 39
for practices, methods, and procedures
the Administrator finds necessary for For the reasons discussed above, I Air transportation, Aircraft, Aviation
safety in air commerce. This regulation certify that the proposed regulation: safety, Safety.
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