This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

9475 

Vol. 72, No. 41 

Friday, March 2, 2007 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27358; Directorate 

Identifier 2006–NM–270–AD] 

RIN 2120–AA64 

Airworthiness Directives; Aerospatiale 

Model ATR42 and ATR72 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as electrical arcing due to 

chafing between a bonding cable and 

electrical wires in the 120 VU (volt unit) 

electrical harness, causing the loss of 

some instruments and loss of one 

hydraulic circuit pressure (i.e., loss of 

pressure of one hydraulic circuit). The 

proposed AD would require actions that 

are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by April 2, 2007. 

ADDRESSES: You may send comments by 

any of the following methods: 

• DOT Docket Web Site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Fax: (202) 493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590– 

0001. 

• 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. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov; or in 

person at the Docket Management 

Facility between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

proposed AD, the regulatory evaluation, 

any comments received, and other 

information. The street address for the 

Docket Office (telephone (800) 647– 

5227) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–1137; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD 

The FAA is implementing a new 

process for streamlining the issuance of 

ADs related to MCAI. This streamlined 

process will allow us to adopt MCAI 

safety requirements in a more efficient 

manner and will reduce safety risks to 

the public. This process continues to 

follow all FAA AD issuance processes to 

meet legal, economic, Administrative 

Procedure Act, and Federal Register 

requirements. We also continue to meet 

our technical decision-making 

responsibilities to identify and correct 

unsafe conditions on U.S.-certificated 

products. 

This proposed AD references the 

MCAI and related service information 

that we considered in forming the 

engineering basis to correct the unsafe 

condition. The proposed AD contains 

text copied from the MCAI and for this 

reason might not follow our plain 

language principles. 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2007–27358; Directorate Identifier 

2006–NM–270–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because 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 we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2006–0283, 

dated September 14, 2006 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states that recently 

an ATR 42 suffered electrical arcing, 

causing the loss of some instruments 

and loss of one hydraulic circuit 

pressure (i.e., loss of pressure of one 

hydraulic circuit) due to chafing 

between a bonding cable and electrical 

wires in the 120 VU (volt unit) electrical 

harness. The investigations showed that: 

• A tubular support had been 

deformed and therefore impaired the 

spacing among electrical harness, 

supports, and cables; 

• Harness was not correctly attached; 

• The size of the harness was 

increased by addition of cables (for 

Service Bulletins (SB) or customer 

modifications embodiments); 

• The bonding cable was not correctly 

installed. 

The EASA Airworthiness Directive 

mandates an inspection of the ATR 42 

and ATR 72 fleet for correct installation 

of the bonding cable and restoring 

correct installation of the bonding cable 

if necessary. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Avions de Transport Regional has 

issued Service Bulletins ATR42–92– 

0012 and ATR72–92–1013, both dated 

July 4, 2006. The actions described in 

this service information are intended to 

correct the unsafe condition identified 

in the MCAI. 


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9476 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Proposed Rules 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information provided by the State of 

Design Authority and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

described in a separate paragraph of the 

proposed AD. These requirements, if 

ultimately adopted, will take 

precedence over the actions copied from 

the MCAI. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 53 products of U.S. registry. 

We also estimate that it would take 

about 1 work hour per product to 

comply with this proposed AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 

cost of the proposed inspection on U.S. 

operators to be $4,240, or $80 per 

product. 

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 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. 

For the reasons discussed above, I 

certify this 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 and placed it in the 

AD docket. 

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 FAA amends § 39.13 by adding 

the following new AD: 

Aerospatiale: Docket No. FAA–2007–27358; 

Directorate Identifier 2006–NM–270–AD. 

Comments Due Date 

(a) We must receive comments by April 2, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model ATR42–200, 

–300, –320, and –500 airplanes; all serial 

numbers up to manufacturer serial number 

(MSN) 643 inclusive; and Model ATR72–101, 

–102, –201, –202, –211, –212, and –212A 

airplanes, all serial numbers up to MSN 728 

inclusive, except MSN 723 and 725; 

certificated in any category. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) states that 

recently an ATR 42 suffered electrical arcing, 

causing the loss of some instruments and loss 

of one hydraulic circuit pressure (i.e., loss of 

pressure of one hydraulic circuit) due to 

chafing between a bonding cable and 

electrical wires in the 120 VU (volt unit) 

electrical harness. The investigation showed 

that a tubular support had been deformed 

and therefore impaired the spacing among 

electrical harness, supports, and cables; the 

harness was not correctly attached; the size 

of the harness was increased by addition of 

cables (for Service Bulletins (SB) or customer 

modifications embodiments); and the 

bonding cable was not correctly installed. 

The MCAI mandates an inspection of the 

ATR 42 and ATR 72 fleet for correct 

installation of the bonding cable and 

restoring correct installation of the bonding 

cable if necessary. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. Within 3 months after the effective 

date of this AD: Inspect the harness 

installation in the 120 VU electrical harness 

and, as applicable, restore correct installation 

of the bonding cable, in accordance with the 

instructions given by Avions de Transport 

Regional ATR42–92–0012 (for Model ATR42 

airplanes) and ATR72–92–1013 (for Model 

ATR72 airplanes), both dated July 4, 2006; as 

applicable. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(f) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, ATTN: Tom Rodriguez, 

Aerospace Engineer, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. 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. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Proposed Rules 9477 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(g) Refer to MCAI EASA Airworthiness 

Directive 2006–0283, dated September 14, 

2006; and Avions de Transport Regional 

Service Bulletins ATR42–92–0012 and 

ATR72–92–1013, both dated July 4, 2006, for 

related information. 

Issued in Renton, Washington, on February 

21, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–3657 Filed 3–1–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–07–013] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Western Branch, Elizabeth 

River, Portsmouth, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

temporarily change the regulations for 

the ‘‘Virginia State Hydroplane 

Championship’’ hydroplane races held 

annually on the waters of the Western 

Branch of the Elizabeth River at 

Portsmouth, Virginia. This action is 

necessary because the event will be held 

on April 21 and 22, 2007, instead of on 

April 27 and 28, 2007 as established by 

permanent regulation. This proposed 

rule is intended to restrict vessel traffic 

in portions of the Elizabeth River and is 

necessary to provide for the safety of life 

on navigable waters during the event. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

March 19, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander 

(dpi), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004, hand-deliver them to 

Room 415 at the same address between 

9 a.m. and 2 p.m., Monday through 

Friday, except Federal holidays, or fax 

them to (757) 398–6203. The 

Inspections and Investigation Branch, 

Fifth Coast Guard District, maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at the above 

address between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dennis M. Sens, Project Manager, 

Inspections and Investigations Branch, 

at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD05–07–013), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the address 

listed under ADDRESSES explaining why 

one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

On April 21 and 22, 2007, Virginia 

Boat Racing Association will sponsor 

the ‘‘Virginia State Hydroplane 

Championship’’ hydroplane races on the 

waters of the Western Branch of the 

Elizabeth River at Portsmouth, Virginia. 

The event will consist of approximately 

75 hydroplane powerboats conducting 

high-speed competitive races on the 

Western Branch of the Elizabeth River 

in the vicinity of Portsmouth City Park, 

Portsmouth, Virginia. A fleet of 

spectator vessels is expected to gather 

near the event site to view the 

competition. The regulation at 33 CFR 

100.525 is effective annually for this 

marine event. Paragraph (c) of Section 

100.525 establishes the enforcement 

date for the hydroplane races. This 

regulation proposes to temporarily 

change the regulation so that the event 

may be held on April 21 and 22, 2007 

instead of the fourth Friday and 

following Saturday in April. The 

Virginia Boat Racing Association who is 

the sponsor for this event still intends 

to hold this event annually, however, 

this year they have requested a change 

in the date of the event for 2007. The 

change was requested to accommodate 

participation by all hydroplane 

participants. To provide for the safety of 

participants, spectators, support and 

transiting vessels, the Coast Guard 

proposes to temporarily restrict vessel 

traffic in the event area during the 

hydroplane races. 

Discussion of Proposed Rule 

The Coast Guard proposes to 

temporarily suspend the regulations at 

33 CFR 100.525 by temporarily revising 

the date of enforcement in paragraph (c) 

to reflect the event will be conducted in 

2007 on the third Saturday and Sunday 

in April, April 21 and 22, 2007. This 

proposed change is needed to 

accommodate the sponsors hydroplane 

race schedule relative to the rotation of 

weekend dates in the annual calendar. 

The special local regulations will be 

enforced from 8 a.m. to 6 p.m. on April 

21 and 22, 2007, and will restrict 

navigation in the regulated area during 

the hydroplane races. Except for persons 

or vessels authorized by the Coast Guard 

Patrol Commander, no person or vessel 

may enter or remain in the regulated 

area during the effective period. The 

regulated area is needed to control 

vessel traffic during the event to 

enhance the safety of participants and 

transiting vessels. 

In addition to notice in the Federal 

Register, the maritime community will 

be provided extensive advance 

notification via the Local Notice to 

Mariners, and marine information 

broadcasts so mariners can adjust their 

plans accordingly. 

Regulatory Evaluation 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. The Office 

of Management and Budget has not 

reviewed it under that Order. It is not 

‘‘significant’’ under the regulatory 

policies and procedures of the 

Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. The effect of this 

proposed action merely establishes the 


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