14500 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Proposed Rules 

Alternative Methods of Compliance 

(AMOCs) 

(j)(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 

(k) European Aviation Safety Agency 

airworthiness directives 2006–0129 and 

2006–0130, both dated May 22, 2006; and 

2006–0307 and 2006–0308, both dated 

October 10, 2006; also address the subject of 

this AD. 

Issued in Renton, Washington, on March 

21, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–5656 Filed 3–27–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27714; Directorate 

Identifier 2006–NM–277–AD] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited Model 

BAe 146 and Avro 146–RJ Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), 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: 

There are four ECS (environmental control 

system) grilles located in the flight deck side 

consoles. There have been occurrences where 

a grille has become detached during flight. 

There is a risk that a loose grille could foul 

the rudder pedals and interfere with rudder/ 

brake control resulting in an unsafe 

condition. 

The unsafe condition is a rudder pedal 

restriction or jam, which could result in 

reduced controllability of the airplane. 

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 27, 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; 

(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–2007–27714; Directorate Identifier 

2006–NM–277–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 based on 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 2006–0342, 

dated November 9, 2006 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

There are four ECS (environmental control 

system) grilles located in the flight deck side 

consoles. There have been occurrences where 

a grille has become detached during flight. 

There is a risk that a loose grille could foul 

the rudder pedals and interfere with rudder/ 

brake control resulting in an unsafe 

condition. 

The unsafe condition is a rudder pedal 

restriction or jam, which could result in 

reduced controllability of the airplane. 

The MCAI requires modifying the 

grilles. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

BAE Systems (Operations) Limited 

has issued Modification Service 

Bulletins SB.25–495–60730A, dated 

March 14, 2006; and Revision 1, dated 

May 9, 2006. 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 


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Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Proposed Rules 14501 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an 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 

highlighted in a Note within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 10 products of U.S. registry. 

We also estimate that it would take 

about 3 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $6,893 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 

$71,330, or $7,133 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: 

BAE Systems (Operations) Limited 

(Formerly British Aerospace Regional 

Aircraft): Docket No. FAA–2007–27714; 

Directorate Identifier 2006–NM–277–AD. 

Comments Due Date 

(a) We must receive comments by April 27, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to BAE Systems 

(Operations) Limited Model BAe 146–100A, 

–200A, and –300A series airplanes, and 

Model Avro 146–RJ70A, 146–RJ85A, and 

146–RJ100A airplanes; certificated in any 

category; which have modification 

HCM00674A embodied. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) states: 

There are four ECS (environmental control 

system) grilles located in the flight deck side 

consoles. There have been occurrences where 

a grille has become detached during flight. 

There is a risk that a loose grille could foul 

the rudder pedals and interfere with rudder/ 

brake control resulting in an unsafe 

condition. 

The unsafe condition is a rudder pedal 

restriction or jam, which could result in 

reduced controllability of the airplane. The 

MCAI requires modifying the grilles. 

Subject 

(e) Equipment/Furnishings. 

Actions and Compliance 

(f) Within 6 months after the effective date 

of this AD, unless already done, carry out the 

modification of the ECS grilles as described 

in BAE Systems (Operations) Limited 

Modification Service Bulletin SB.25–495–

60730A, dated March 14, 2006; or Revision 

1, dated May 9, 2006. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

Differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Todd Thompson, 

Aerospace Engineer, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1175; (425) 227–1149. 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 


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14502 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Proposed Rules 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2006–

0342, dated November 9, 2006; and BAE 

Systems (Operations) Limited Modification 

Service Bulletin SB.25–495–60730A, dated 

March 14, 2006; or Revision 1, dated May 9, 

2006; for related information. 

Issued in Renton, Washington, on March 

21, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–5650 Filed 3–27–07; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2006–AZ–0558; FRL–8292–

7] 

Approval and Promulgation of 

Implementation Plans; Designation of 

Areas for Air Quality Planning 

Purposes; State of Arizona; Boundary 

Redesignation; Finding of Attainment 

for Miami Particulate Matter of 10 

Microns or Less (PM10) Nonattainment 

Area; Determination Regarding 

Applicability of Certain Clean Air Act 

Requirements; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State of Arizona’s boundary 

redesignation of the Hayden/Miami 

PM10 nonattainment area into two 

separate PM10 nonattainment areas: 

Hayden and Miami. EPA is also 

proposing to find that the Miami PM10

nonattainment area is attaining the PM10

national ambient air quality standard, 

and, based on this attainment finding, 

EPA is proposing to determine that 

certain Clean Air Act requirements are 

not applicable for so long as the Miami 

area shows continued attainment of the 

standard based on current, publicly 

available, quality-assured monitoring 

data. EPA is taking this action 

consistent with obligations under the 

Clean Air Act to act on State 

redesignations. Lastly, EPA is proposing 

to correct two errors in previous 

rulemakings that involved the 

designations of PM10 areas within the 

State of Arizona. 

DATES: Any comments on this proposal 

must arrive by April 27, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09–

OAR–2006–AZ–0558 by one of the 

following methods: 

• Federal eRulemaking portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: tax.wienke@epa.gov. 

• Fax: (415) 947–3579 (please alert 

the individual listed in 

the FOR FURTHER INFORMATION CONTACT if 

you are faxing comments). 

• Mail: Wienke Tax, Office of Air 

Planning, Environmental Protection 

Agency (EPA), Region 9, Mailcode AIR–

2, 75 Hawthorne Street, San Francisco, 

California 94105–3901. 

• Hand Delivery: Wienke Tax, Office 

of Air Planning, Environmental 

Protection Agency (EPA), Region 9, 

Mailcode AIR–2, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

Such deliveries are only accepted 

Monday through Friday, 8 a.m. to 4:55 

p.m., excluding federal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R09–OAR–2006–

AZ–0558. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA, without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD-ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy form. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Office of Air Planning, 

Environmental Protection Agency 

(EPA), Region 9, Mailcode AIR–2, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. EPA requests 

that if at all possible, you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8 a.m. to 4 

p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, Office of Air Planning, U.S. 

Environmental Protection Agency, 

Region 9, (520) 622–1622, e-mail: 

tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

This proposal addresses EPA’s 

approval of the State of Arizona’s 

boundary redesignation of the Hayden/ 

Miami PM10 nonattainment area into 

two separate PM10 nonattainment areas: 

Hayden and Miami. EPA is also 

proposing to find that the Miami PM10

nonattainment area is attaining the PM10

national ambient air quality standard, 

and, based on this attainment finding, 

EPA is proposing to determine that 

certain Clean Air Act requirements are 

not applicable for so long as the Miami 

area shows continued attainment of the 

standard based on current, publicly 

available, quality-assured monitoring 

data. EPA is taking this action 

consistent with obligations under the 

Clean Air Act to act on State 

redesignations. Lastly, EPA is proposing 

to correct two errors in previous 

rulemakings that involved the 

designations of PM10 areas within the 

State of Arizona. 

In the Rules and Regulations section 

of this Federal Register, we are taking 

direct final action to take these actions 

because we believe that they are not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. We do not plan to open 


pwalker on PROD1PC71 with PROPOSALS