Airworthiness Directives; Aerospatiale Model ATR42 and ATR72 Airplanes, 62059-62061 [05-21338]

Download as PDF Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations In the programs reviewed by the FDIC, the contributors retain some rights with respect to the funds (e.g., the right to withdraw money under certain circumstances or the right to change the beneficiary). Assuming that the qualified tuition savings program is structured in this manner so that the securities are owned by the contributors, then the FDIC will treat the contributors as the ‘‘participants.’’ If the program is structured so that the securities are owned by the ‘‘designated beneficiaries,’’ however, then the FDIC will treat the beneficiaries as the ‘‘participants.’’ For example, the beneficiary would be the ‘‘participant’’ if no one but the beneficiary possesses the right to withdraw funds or to name a different beneficiary. Again, the FDIC simply means to provide ‘‘pass-through’’ insurance coverage to the actual owners of the securities. The FDIC does not mean to dictate the terms of a qualified tuition savings program. Such programs must adhere to the requirements of section 529 and the applicable state law. Paperwork Reduction Act This rule contains no new collections of information as defined by the Paperwork Reduction Act. See 44 U.S.C. 3501 et seq. Consequently, no information has been submitted to the Office of Management and Budget for review. Regulatory Flexibility Act A regulatory flexibility analysis is required only when the agency must publish a notice of proposed rulemaking. See 5 U.S.C. 603, 604. Because the amendment to part 330 is being published in final form without a notice of proposed rulemaking, no regulatory flexibility analysis is required. Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act, the FDIC will report this rule to Congress so that the rule may be reviewed. See 5 U.S.C. 801 et seq. List of Subjects in 12 CFR Part 330 Bank deposit insurance, Banks, banking, Reporting and recordkeeping requirements, Savings and loan associations, Trust and trustees. PART 330—DEPOSIT INSURANCE COVERAGE Jkt 208001 Federal Aviation Administration 14 CFR Part 39 Authority: 12 U.S.C. 1813(l), 1813(m), 1817(i), 1818(q), 1819(Tenth), 1820(f), 1821(a), 1822(c). [Docket No. FAA–2005–22795; Directorate Identifier 2005–NM–193–AD; Amendment 39–14353; AD 2005–22–09] 2. Section 330.11(a)(2) is revised to read as follows: RIN 2120–AA64 I § 330.11 Accounts of a corporation, partnership or unincorporated association. (a) * * * (2) Notwithstanding any other provision of this part, any trust or other business arrangement which has filed or is required to file a registration statement with the Securities and Exchange Commission pursuant to section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a–8) or that would be required so to register but for the fact it is not created under the laws of the United States or a state or but for sections 2(b), 3(c)(1), or 6(a)(1) of that act shall be deemed to be a corporation for purposes of determining deposit insurance coverage. An exception to this paragraph (a)(2) shall exist for any trust or other business arrangement established by a state or that is a state agency or state public instrumentality as part of a qualified tuition savings program under section 529 of the Internal Revenue Code (26 U.S.C. 529). A deposit account of such a trust or business arrangement shall not be deemed to be the deposit of a corporation provided that: The funds in the account may be traced to one or more particular investors or participants; and the existence of the trust relationships is disclosed in accordance with the requirements of § 330.5. If these conditions are satisfied, each participant’s funds shall be insured as a deposit account of the participant. * * * * * Dated at Washington, DC, this 6th day of October, 2005. By order of the Board of Directors. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 05–20766 Filed 10–27–05; 8:45 am] BILLING CODE 6714–01–P For the reasons set forth in the preamble, the Board of Directors of the Federal Deposit Insurance Corporation hereby amends part 330 of title 12 of the Code of Federal Regulations as follows: 14:35 Oct 27, 2005 DEPARTMENT OF TRANSPORTATION 1. The authority citation for part 330 continues to read as follows: I I VerDate Aug<31>2005 62059 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 Airworthiness Directives; Aerospatiale Model ATR42 and ATR72 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all Aerospatiale Model ATR42 and ATR72 airplanes. This AD requires a one-time inspection to determine the part number or markings of the fuel quality indicator (FQI) and replacement of any FQI having an incorrect part number. This AD results from a report that an FQI having an incorrect part number was installed on a Model ATR72 airplane. We are issuing this AD to ensure that a correct FQI is installed. An incorrect FQI could result in fuel starvation to the engine and consequent engine shutdown during flight. DATES: This AD becomes effective November 14, 2005. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of November 14, 2005. We must receive comments on this AD by December 27, 2005. ADDRESSES: Use one of the following addresses to submit comments on this AD. • DOT Docket Web site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://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. • 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. Contact Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 03, France, for service information identified in this AD. E:\FR\FM\28OCR1.SGM 28OCR1 62060 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: Thomas 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: Discussion ´ ´ The Direction Generale de l’Aviation Civile (DGAC), which is the airworthiness authority for France, notified us that an unsafe condition may exist on all Aerospatiale Model ATR42 and ATR72 airplanes. The DGAC advises that a Model ATR72 airplane ditched off the coast of Italy. An investigation revealed that a fuel quality indicator (FQI) having an incorrect part number (P/N) was installed on the airplane. An FQI for the Model ATR72 airplanes may also be inadvertently installed on a Model ATR42 airplane if operators do not adhere to the manufacturer’s service information. This condition, if not corrected, could result in fuel starvation to the engine and consequent engine shutdown during flight. Relevant Service Information Aerospatiale has issued ATR All Operators Message (AOM) 42–72/2005/ 08, issue 5, dated September 7, 2005. The AOM describes procedures to determine if the part number of the FQI is consistent with the one provided within the applicable illustrated parts catalog section 28–42–80–01. The DGAC mandated the AOM and issued French emergency airworthiness directive UF– 2005–160, dated September 8, 2005, to ensure the continued airworthiness of these airplanes in France. FAA’s Determination and Requirements of This AD These airplane models are manufactured in France and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above. We have examined the DGAC’s findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States. Therefore, we are issuing this AD to ensure that a correct FQI is installed. This AD requires accomplishing the actions specified in the service information described previously, VerDate Aug<31>2005 14:35 Oct 27, 2005 Jkt 208001 except as discussed under ‘‘Differences Among the AD, the AOM, and the French Emergency Airworthiness Directive.’’ Differences Among the AD, the AOM, and the French Emergency Airworthiness Directive Although the French emergency airworthiness directive recommends accomplishing the inspection ‘‘before next flight,’’ we have determined that a compliance time of 7 days for completing the required actions is warranted because most U.S. operators have already completed the inspection. In developing an appropriate compliance time for this AD, we considered the degree of urgency associated with addressing the subject unsafe condition, the average utilization of the affected fleet, and the time necessary to perform the inspections. In light of all of these factors, we find a compliance time of 7 days represents an appropriate interval of time for affected airplanes to continue to operate without compromising safety. This difference has been coordinated with the DGAC. The French emergency airworthiness directive and the AOM specify to determine the correct P/N of the FQI. However, in addition to the inspection to determine the correct P/N, this AD allows operators to inspect the FQI for applicable markings to determine if the correct FQI is installed. The markings are illustrated in the AOM. This difference has been coordinated with the DGAC. Although the French emergency airworthiness directive specifies reporting results to the manufacturer, this AD does not require those actions. We do not need this information from operators. Interim Action This AD is considered interim action. If final action is later identified, we may consider further rulemaking then. FAA’s Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD; therefore, providing notice and opportunity for public comment before the AD is issued is impracticable, and good cause exists to make this AD effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include ‘‘Docket No. FAA–2005–22795; Directorate Identifier 2005–NM–193–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it. We will post all comments we receive, without change, to https:// 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 AD. Using the search function of that web site, 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 may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you may visit https://dms.dot.gov. Examining the Docket You may examine the AD docket on the Internet at https://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 Docket Management System receives them. 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. E:\FR\FM\28OCR1.SGM 28OCR1 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Rules and Regulations Regulatory Findings Unsafe Condition 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 the 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 AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. (d) This AD results from a report that a fuel quality indicator (FQI) having an incorrect part number was installed on a Model ATR72 airplane. We are issuing this AD to ensure that a correct FQI is installed. An incorrect FQI could result in fuel starvation to the engine and consequent engine shutdown during flight. 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: I PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I 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): I 2005–22–09 Aerospatiale: Amendment 39– 14353. Docket No. FAA–2005–22795; Directorate Identifier 2005–NM–193–AD. Effective Date (a) This AD becomes effective November 14, 2005. Affected ADs (b) None. Applicability (c) This AD applies to all Aerospatiale Model ATR42–200, –300, –320, and –500 airplanes, and Model ATR72–101, –201, –102, –202, –211, –212, and –212A airplanes, certificated in any category. VerDate Aug<31>2005 14:35 Oct 27, 2005 Jkt 208001 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. Inspection and Corrective Action (f) Within 7 days after the effective date of this AD, do the inspection specified in paragraph (f)(1) or (f)(2) of this AD. (1) Perform an inspection to determine the part number (P/N) of the fuel quantity indicator (FQI) 3QT, in accordance with ATR All Operators Message (AOM) 42–72/2005/ 08, issue 5, dated September 7, 2005. Instead of the inspection, a review of the airplane maintenance records is acceptable if the P/N of the FQI can be positively determined from that review. (2) Inspect the faceplate of the FQI to verify that it has the correct markings as specified in paragraphs (f)(2)(i) and (f)(2)(ii), as applicable. (i) For Model ATR42–200, –300, –320, and –500 airplanes: The FQI has the marking of 4960 lbs on the faceplate as illustrated in ATR AOM 42–72/2005/08, issue 5, dated September 7, 2005. (ii) For Model ATR72–101, –201, –102, –202, –211, –212, and –212A airplanes: The FQI has the marking of 5500 lbs on the faceplate as illustrated in the AOM 42–72/ 2005/08, issue 5, dated September 7, 2005. (g) If it can be positively determined, during the inspection required by paragraph (f) of this AD, that the FQI has the correct part number or marking, no further action is required by this AD. (h) If it is determined, during the inspection required by paragraph (f) of this AD, that the FQI does not have the correct part number or marking, before further flight, install the FQI having the correct part number as specified in ATR AOM 42–72/ 2005/08, issue 5, dated September 7, 2005. Alternative Methods of Compliance (AMOCs) (i)(1) 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. (2) Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information (j) French emergency airworthiness directive UF–2005–160, dated September 8, 2005, also addresses the subject of this AD. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 62061 Material Incorporated by Reference (k) You must use ATR All Operators Message (AOM) 42–72/2005/08, issue 5, dated September 7, 2005, 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 Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 03, France, 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 https://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 https://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on October 18, 2005. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–21338 Filed 10–27–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE International Trade Administration 19 CFR Part 351 [Docket No. 050803215–5260–02] RIN 0625–AA69 Procedures for Conducting Five-Year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders Import Administration, International Trade Administration, Department of Commerce. ACTION: Final rule. AGENCY: SUMMARY: The Department of Commerce (‘‘the Department’’) is amending its regulations related to sunset reviews to conform the existing regulation to the United States’ obligations under Articles 6.1, 6.2, and 11.3 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (‘‘Antidumping Agreement’’). The regulations amend the ‘‘waiver’’ provisions which govern treatment of interested parties who do not provide a substantive response to the Department’s notice of initiation of a sunset review and clarify the basis for parties’ participation in a public hearing in an expedited sunset review. DATES: The effective date of this final rule is October 31, 2005. The final rule will be applied in sunset reviews initiated on or after the effective date. E:\FR\FM\28OCR1.SGM 28OCR1

Agencies

[Federal Register Volume 70, Number 208 (Friday, October 28, 2005)]
[Rules and Regulations]
[Pages 62059-62061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21338]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22795; Directorate Identifier 2005-NM-193-AD; 
Amendment 39-14353; AD 2005-22-09]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42 and ATR72 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Aerospatiale Model ATR42 and ATR72 airplanes. This AD requires a one-
time inspection to determine the part number or markings of the fuel 
quality indicator (FQI) and replacement of any FQI having an incorrect 
part number. This AD results from a report that an FQI having an 
incorrect part number was installed on a Model ATR72 airplane. We are 
issuing this AD to ensure that a correct FQI is installed. An incorrect 
FQI could result in fuel starvation to the engine and consequent engine 
shutdown during flight.

DATES: This AD becomes effective November 14, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 14, 
2005.
    We must receive comments on this AD by December 27, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to https://
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.
     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.
    Contact Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 
03, France, for service information identified in this AD.

[[Page 62060]]


FOR FURTHER INFORMATION CONTACT: Thomas 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: 

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified us that an 
unsafe condition may exist on all Aerospatiale Model ATR42 and ATR72 
airplanes. The DGAC advises that a Model ATR72 airplane ditched off the 
coast of Italy. An investigation revealed that a fuel quality indicator 
(FQI) having an incorrect part number (P/N) was installed on the 
airplane. An FQI for the Model ATR72 airplanes may also be 
inadvertently installed on a Model ATR42 airplane if operators do not 
adhere to the manufacturer's service information. This condition, if 
not corrected, could result in fuel starvation to the engine and 
consequent engine shutdown during flight.

Relevant Service Information

    Aerospatiale has issued ATR All Operators Message (AOM) 42-72/2005/
08, issue 5, dated September 7, 2005. The AOM describes procedures to 
determine if the part number of the FQI is consistent with the one 
provided within the applicable illustrated parts catalog section 28-42-
80-01. The DGAC mandated the AOM and issued French emergency 
airworthiness directive UF-2005-160, dated September 8, 2005, to ensure 
the continued airworthiness of these airplanes in France.

FAA's Determination and Requirements of This AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to ensure that a correct FQI is 
installed. This AD requires accomplishing the actions specified in the 
service information described previously, except as discussed under 
``Differences Among the AD, the AOM, and the French Emergency 
Airworthiness Directive.''

Differences Among the AD, the AOM, and the French Emergency 
Airworthiness Directive

    Although the French emergency airworthiness directive recommends 
accomplishing the inspection ``before next flight,'' we have determined 
that a compliance time of 7 days for completing the required actions is 
warranted because most U.S. operators have already completed the 
inspection. In developing an appropriate compliance time for this AD, 
we considered the degree of urgency associated with addressing the 
subject unsafe condition, the average utilization of the affected 
fleet, and the time necessary to perform the inspections. In light of 
all of these factors, we find a compliance time of 7 days represents an 
appropriate interval of time for affected airplanes to continue to 
operate without compromising safety. This difference has been 
coordinated with the DGAC.
    The French emergency airworthiness directive and the AOM specify to 
determine the correct P/N of the FQI. However, in addition to the 
inspection to determine the correct P/N, this AD allows operators to 
inspect the FQI for applicable markings to determine if the correct FQI 
is installed. The markings are illustrated in the AOM. This difference 
has been coordinated with the DGAC.
    Although the French emergency airworthiness directive specifies 
reporting results to the manufacturer, this AD does not require those 
actions. We do not need this information from operators.

Interim Action

    This AD is considered interim action. If final action is later 
identified, we may consider further rulemaking then.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
22795; Directorate Identifier 2005-NM-193-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    We will post all comments we receive, without change, to https://
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 AD. Using the search function of that web 
site, 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 may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
https://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at https://
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 Docket Management System 
receives them.

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.

[[Page 62061]]

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 the 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 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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


Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-22-09 Aerospatiale: Amendment 39-14353. Docket No. FAA-2005-
22795; Directorate Identifier 2005-NM-193-AD.

Effective Date

    (a) This AD becomes effective November 14, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Aerospatiale Model ATR42-200, -300, -
320, and -500 airplanes, and Model ATR72-101, -201, -102, -202, -
211, -212, and -212A airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from a report that a fuel quality indicator 
(FQI) having an incorrect part number was installed on a Model ATR72 
airplane. We are issuing this AD to ensure that a correct FQI is 
installed. An incorrect FQI could result in fuel starvation to the 
engine and consequent engine shutdown during flight.

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.

Inspection and Corrective Action

    (f) Within 7 days after the effective date of this AD, do the 
inspection specified in paragraph (f)(1) or (f)(2) of this AD.
    (1) Perform an inspection to determine the part number (P/N) of 
the fuel quantity indicator (FQI) 3QT, in accordance with ATR All 
Operators Message (AOM) 42-72/2005/08, issue 5, dated September 7, 
2005. Instead of the inspection, a review of the airplane 
maintenance records is acceptable if the P/N of the FQI can be 
positively determined from that review.
    (2) Inspect the faceplate of the FQI to verify that it has the 
correct markings as specified in paragraphs (f)(2)(i) and 
(f)(2)(ii), as applicable.
    (i) For Model ATR42-200, -300, -320, and -500 airplanes: The FQI 
has the marking of 4960 lbs on the faceplate as illustrated in ATR 
AOM 42-72/2005/08, issue 5, dated September 7, 2005.
    (ii) For Model ATR72-101, -201, -102, -202, -211, -212, and -
212A airplanes: The FQI has the marking of 5500 lbs on the faceplate 
as illustrated in the AOM 42-72/2005/08, issue 5, dated September 7, 
2005.
    (g) If it can be positively determined, during the inspection 
required by paragraph (f) of this AD, that the FQI has the correct 
part number or marking, no further action is required by this AD.
    (h) If it is determined, during the inspection required by 
paragraph (f) of this AD, that the FQI does not have the correct 
part number or marking, before further flight, install the FQI 
having the correct part number as specified in ATR AOM 42-72/2005/
08, issue 5, dated September 7, 2005.

Alternative Methods of Compliance (AMOCs)

    (i)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (j) French emergency airworthiness directive UF-2005-160, dated 
September 8, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use ATR All Operators Message (AOM) 42-72/2005/08, 
issue 5, dated September 7, 2005, 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 Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 
03, France, 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 https://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 https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 18, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-21338 Filed 10-27-05; 8:45 am]
BILLING CODE 4910-13-P
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