Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Proposed Rules 10947 

acceleration must be investigated for 

airplanes with engines or other weight 

concentrations outboard of the fuselage. 

For the angular acceleration conditions, 

zero rolling velocity may be assumed in 

the absence of a rational time history 

investigation of the maneuver. 

(b) At VA, sudden movement of the 

cockpit roll control up to the limit is 

assumed. The position of the cockpit 

roll control must be maintained until a 

steady roll rate is achieved and then 

must be returned suddenly to the 

neutral position. 

(c) At VC, the cockpit roll control 

must be moved suddenly and 

maintained so as to achieve a roll rate 

not less than that obtained in paragraph 

(2). 

(d) At VD, the cockpit roll control 

must be moved suddenly and 

maintained so as to achieve a roll rate 

not less than one-third of that obtained 

in paragraph (2). 

Issued in Renton, Washington, on March 1, 

2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–4306 Filed 3–9–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27508; Directorate 

Identifier 2006–NM–252–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) ERJ 170 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 an obstruction at the cargo 

compartment fire extinguisher system 

drier metering unit (DME) inlet, 

affecting the system effectiveness and, 

consequently, making the fire 

extinguishing capability at those 

compartments inadequate should a fire 

erupt. 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 11, 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: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–1175; 

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–2007–27508; Directorate Identifier 

2006–NM–252–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 Age`ncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directive 2006–01–03, 

effective February 7, 2006 (referred to 

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

unsafe condition for the specified 

products. The MCAI states that it has 

been found the occurrence of one case 

of obstruction at the cargo compartment 

fire extinguisher system drier metering 

unit (DMU) inlet, affecting the system 

effectiveness and, consequently, making 

the fire extinguishing capability at those 

compartments inadequate should a fire 

erupt. The MCAI requires installation of 

a debris strainer at the DMU inlet. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

EMBRAER has issued Service Bulletin 

170–26–0002, dated November 11, 2005. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

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 this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 


jlentini on PROD1PC65 with PROPOSAL
10948 Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Proposed Rules 

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 75 products of U.S. registry. 

We also estimate that it would take 

about 4 work-hours per product to 

comply with this proposed AD. The 

average labor rate is $80 per work-hour. 

Required parts would cost about $0 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these costs. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$24,000, or $320 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: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2007–

27508; Directorate Identifier 2006–NM–

252–AD. 

Comments Due Date 

(a) We must receive comments by April 11, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

ERJ 170–100 LR, –100 STD, –100 SE, –100 

SU, –200 LR, –200 STD, and –200 SU 

airplanes in operation; certificated in any 

category. 

Reason 

(d) The MCAI states that it has been found 

the occurrence of one case of obstruction at 

the cargo compartment fire extinguisher 

system drier metering unit (DMU) inlet, 

affecting the system effectiveness and, 

consequently, making the fire extinguishing 

capability at those compartments inadequate 

should a fire erupt. The MCAI requires 

installation of a debris strainer at the DMU 

inlet. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. Within 700 flight hours after the 

effective date of this AD, install a debris 

strainer at the DMU inlet, in accordance with 

the detailed instructions and procedures 

described in EMBRAER Service Bulletin 

170–26–0002, dated November 11, 2005. 

Record compliance with this AD in the 

applicable maintenance log book. 

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: Todd Thompson, 

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 FAA-approved 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 

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 Brazilian Airworthiness 

Directive 2006–01–03, effective February 7, 

2006; and EMBRAER Service Bulletin 170–

26–0002, dated November 11, 2005; for 

related information. 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Proposed Rules 10949 

Issued in Renton, Washington, on March 5, 

2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–4373 Filed 3–9–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27071; Directorate 

Identifier 2007–CE–004–AD] 

RIN 2120–AA64 

Airworthiness Directives; Raytheon 

Aircraft Company Models C90A, B200, 

B200C, B300, and B300C Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede 

Airworthiness Directive (AD) 2006–23–

02 which applies to certain Raytheon 

Aircraft Company (RAC) (formerly 

Beech) Models C90A, B200, B200C, 

B300, and B300C airplanes. AD 2006–

23–02 currently requires you to inspect 

the flight controls for improper 

assembly or damage, and if any 

improperly assembled or damaged flight 

controls are found, take corrective 

action. Since we issued AD 2006–23–02, 

we have determined the need to add 

airplane serial numbers that were not 

previously included in the applicability. 

Consequently, this proposed AD would 

retain the actions of AD 2006–23–02 

and add airplane serial numbers to the 

applicability. We are proposing this AD 

to detect and correct improperly 

assembled or damaged flight controls, 

which could result in an unsafe 

condition by reducing capabilities of the 

flight controls and lead to loss of control 

of the airplane. 

DATES: We must receive comments on 

this proposed AD by May 11, 2007. 

ADDRESSES: Use one of the following 

addresses to comment 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–

0001. 

• 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. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

For service information identified in 

this proposed AD, contact Raytheon 

Aircraft Company, P.O. Box 85, Wichita, 

Kansas 67201–0085; telephone: (800) 

429–5372 or (316) 676–3140. 

FOR FURTHER INFORMATION CONTACT: 

Chris B. Morgan, Aerospace Engineer, 

FAA, Wichita Aircraft Certification 

Office, 1801 Airport Road, Wichita, 

Kansas 67209; telephone: (316) 946–

4154; fax: (316) 946–4107. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under the 

ADDRESSES section. Include the docket 

number, ‘‘FAA–2007–27071; Directorate 

Identifier 2007–CE–004–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 received 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 we receive 

concerning this proposed AD. 

Discussion 

A report from an FAA Manufacturing 

Inspection District Office that describes 

numerous nonconformities during the 

manufacture of RAC Models C90A, 

B200, B200C, B300, and B300C 

airplanes caused us to issue AD 2006–

23–02, Amendment 39–14814 (71 FR 

65390, November 8, 2006). AD 2006–

23–02 currently requires that you 

inspect the flight controls for improper 

assembly or damage, and if any 

improperly assembled or damaged flight 

controls are found, take corrective 

action on certain RAC Models C90A, 

B200, B200C, B300, and B300C 

airplanes. 

Since issuing AD 2006–23–02, we 

have determined the need to add 

airplane serial numbers that were not 

previously included in the applicability. 

This condition, if not corrected, could 

result in an unsafe condition by 

reducing capabilities of the flight 

controls. 

Relevant Service Information 

We have reviewed: 

—Raytheon Aircraft Company 

Mandatory Service Bulletin Number 

SB 27–3761, Issued: February 2006; 

and 

—Raytheon Aircraft Company 

Mandatory Service Bulletin Number 

SB 27–3761, Issued: February 2006, 

Revised: December 2006. This 

revision adds additional serial 

numbers to the effectivity. 

The service information describes 

procedures for inspecting the flight 

control systems to ensure conformity 

with type design and correct the unsafe 

condition. 

FAA’s Determination and Requirements 

of the Proposed AD 

We are proposing this AD because we 

evaluated all information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. This proposed AD would 

supersede AD 2006–23–02 with a new 

AD that would retain the actions of AD 

2006–23–02 and add airplane serial 

numbers to the applicability. This 

proposed AD would require you to use 

the service information described 

previously to perform these actions. 

Differences Between This Proposed AD 

and the Service Information 

We are requiring all phases of the 

flight control system be inspected at one 

time. The service information as 

presented allows some sections of the 

system to go 800 hours time-in-service 

before they are scheduled for 

inspection. We feel this time is 

excessive to allow potential safety items 

and nonconformities to exist. We have 

determined that the proposed 

compliance time will not inadvertently 

ground the affected airplanes. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 138 airplanes in the U.S. 

registry. 

We estimate the following costs to do 

the proposed inspection: 


jlentini on PROD1PC65 with PROPOSAL