Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Proposed Rules 16289 

scavenge valve, and scavenge pump of the 

center wing fuel tank, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin DC8–28A089, dated 

November 1, 2006. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Los Angeles Aircraft 

Certification Office, 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. 

Issued in Renton, Washington, on March 

26, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–6269 Filed 4–3–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27755; Directorate 

Identifier 2006–NM–289–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Bombardier Model DHC–8–400 

series airplanes. This proposed AD 

would require revising the Limitations 

section of the airplane flight manual to 

include procedures for pulling the 

‘‘HYD PWR XFER’’ circuit breaker in the 

event of the loss of all hydraulic fluid 

in the No. 1 or No. 2 hydraulic system. 

This proposed AD results from reports 

of fluid loss in the No. 2 hydraulic 

system, causing the power transfer unit 

to overspeed, increasing the fluid flow 

within the No. 1 hydraulic system. We 

are proposing this AD to prevent 

possible loss of both the No. 1 and No. 

2 hydraulic systems, resulting in the 

potential loss of several functions 

essential for safe flight and landing of 

the airplane. 

DATES: We must receive comments on 

this proposed AD by May 4, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments 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. 

• 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 Bombardier, Inc., Bombardier 

Regional Aircraft Division, 123 Garratt 

Boulevard, Downsview, Ontario M3K 

1Y5, Canada, for service information 

identified in this proposed AD. 

FOR FURTHER INFORMATION CONTACT: Ezra 

Sasson, Aerospace Engineer, Systems 

and Flight Test Branch, ANE–172, FAA, 

New York Aircraft Certification Office, 

1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone 

(516) 228–7320; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include the docket 

number ‘‘FAA–2007–27755; Directorate 

Identifier 2006–NM–289–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 with FAA 

personnel concerning this proposed 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 http:// 

dms.dot.gov. 

Examining the Docket 

You may examine the AD docket on 

the Internet at http://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. 

Discussion 

Transport Canada Civil Aviation 

(TCCA), which is the airworthiness 

authority for Canada, notified us that an 

unsafe condition may exist on certain 

Bombardier Model DHC–8–400 series 

airplanes. TCCA advises that it has 

received several reports of fluid loss in 

the No. 2 hydraulic system, causing the 

power transfer unit (PTU) to overspeed. 

This resulted in pressure fluctuations 

and increased fluid flow within the No. 

1 hydraulic system. In one case, the 

hydraulic system control logic did not 

shut down the PTU, and the overspeed 

condition persisted, resulting in the 

illumination of the No. 1 ‘‘HYD FLUID 

HOT’’ caution light. This caution light 

indicated that the hydraulic fluid 

temperature had exceeded 225 degrees 

Fahrenheit. Had the temperature of the 

hydraulic fluid continued to increase to 

275 degrees Fahrenheit, the No. 1 

system hydraulic firewall shutoff would 

have closed, leaving only the standby 

power unit (SPU) available. The SPU is 

not capable of meeting the increased 

flow demands of the PTU and other No. 

1 hydraulic system services. Therefore, 

the No. 1 hydraulic system would have 

also been lost, leaving only the No. 3 

hydraulic system available. Inoperative 

systems would include flaps, brakes and 

emergency brakes, nose wheel steering, 

and all primary flight controls other 

than elevator control and degraded 

aileron control. 

This condition, if not corrected, could 

result in the potential loss of several 

functions essential for safe flight and 

landing of the airplane. 

Relevant Service Information 

Bombardier has issued the following 

airplane flight manual (AFM) temporary 

amendments: 


cprice-sewell on PROD1PC61 with PROPOSALS
16290 Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Proposed Rules 

TABLE.—AFM TEMPORARY AMENDMENTS

For model— 

Bombardier 

temporary 

amendment— 

Issue— Dated— 

To Bombardier 

Dash 8 Q400 airplane flight manual— 

–400 airplanes ............................................. 13 1 July 14, 2005 .............................................. PSM 1–84–1A 

–401 airplanes ............................................. 13 1 July 14, 2005 .............................................. PSM 1–84–1A 

–402 airplanes ............................................. 13 1 July 14, 2005 .............................................. PSM 1–84–1A 

The temporary amendments describe 

procedures for pulling the ‘‘HYD PWR 

XFER’’ circuit breaker in the event of 

the loss of all hydraulic fluid in the No. 

1 or No. 2 hydraulic system. TCCA 

mandated the service information and 

issued Canadian airworthiness directive 

CF–2006–08, dated April 26, 2006, to 

ensure the continued airworthiness of 

these airplanes in Canada. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplanes are manufactured in 

Canada 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, 

TCCA has kept the FAA informed of the 

situation described above. We have 

examined TCCA’s findings, evaluated 

all pertinent information, and 

determined that we need to issue an AD 

for airplanes of this type design that are 

certificated for operation in the United 

States. Therefore, we are proposing this 

AD, which would require revising the 

Limitations section of the AFM to 

include procedures for pulling the 

‘‘HYD PWR XFER’’ circuit breaker in the 

event of the loss of all hydraulic fluid 

in the No. 1 or No. 2 hydraulic system. 

Interim Action 

We consider this proposed AD 

interim action. The manufacturer is 

currently developing a modification that 

will address the unsafe condition 

identified in this proposed AD. Once 

this modification is developed, 

approved, and available, we might 

consider additional rulemaking. 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per 

airplane 

Number 

of U.S.- 

registered 

airplanes 

Fleet cost 

AFM revision .................................................................... 1 $80 $0 $80 21 $1,680 

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 have 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 that the 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. 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, 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Bombardier, Inc. (Formerly de Havilland, 

Inc.): Docket No. FAA–2007–27755; 

Directorate Identifier 2006–NM–289–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by May 4, 2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier Model 

DHC–8–400, DHC–8–401, and DHC–8–402 


cprice-sewell on PROD1PC61 with PROPOSALS
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Proposed Rules 16291 

airplanes, certificated in any category; serial 

numbers 4001 and 4003 and subsequent. 

Unsafe Condition 

(d) This AD results from reports of fluid 

loss in the No. 2 hydraulic system, causing 

the power transfer unit to overspeed, 

increasing the fluid flow within the No. 1 

hydraulic system. We are issuing this AD to 

prevent possible loss of both the No. 1 and 

No. 2 hydraulic systems, resulting in the 

potential loss of several functions essential 

for safe flight and landing of the airplane. 

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. 

Airplane Flight Manual (AFM) Revision 

(f) Within 14 days after the effective date 

of this AD, revise the Limitations section of 

the applicable AFM to include the 

information in the applicable Bombardier 

temporary amendment specified in Table 1 of 

this AD, as specified in the temporary 

amendment. These temporary amendments 

introduce procedures for pulling the ‘‘HYD 

PWR XFER’’ circuit breaker in the event of 

the loss of all hydraulic fluid in the No. 1 or 

No. 2 hydraulic system. Operate the airplane 

according to the limitations and procedures 

in the applicable temporary amendment. 

TABLE 1.—AFM TEMPORARY AMENDMENTS

For Model—

Use Bombardier Temporary Amendment—

Issue— Dated—

To Bombardier 

Dash 8 Q400 Airplane Flight Manual—

–400 airplanes ............................................. 13 1 July 14, 2005 .............................................. PSM 1–84–1A. 

–401 airplanes ............................................. 13 1 July 14, 2005 .............................................. PSM 1–84–1A. 

–402 airplanes ............................................. 13 1 July 14, 2005 .............................................. PSM 1–84–1A. 

Note 1: This may be done by inserting a 

copy of the applicable temporary amendment 

into the applicable AFM. When the 

applicable temporary amendment has been 

included in general revisions of the AFM, the 

general revisions may be inserted into the 

AFM, provided the relevant information in 

the general revisions is identical to that in 

the temporary amendment. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, New York Aircraft 

Certification Office, 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 

(h) Canadian airworthiness directive CF–

2006–08, dated April 26, 2006, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on March 

26, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–6267 Filed 4–3–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 179 

[Docket No. 2005N–0272] 

RIN 0910–ZA29 

Irradiation in the Production, 

Processing and Handling of Food 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is proposing to 

revise its labeling regulations applicable 

to foods (including dietary 

supplements) for which irradiation has 

been approved by FDA. FDA is 

proposing that only those irradiated 

foods in which the irradiation causes a 

material change in the food, or a 

material change in the consequences 

that may result from the use of the food, 

bear the radura logo and the term 

‘‘irradiated,’’ or a derivative thereof, in 

conjunction with explicit language 

describing the change in the food or its 

conditions of use. For purposes of this 

rulemaking, we are using the term 

‘‘material change’’ to refer to a change 

in the organoleptic, nutritional, or 

functional properties of a food, caused 

by irradiation, that the consumer could 

not identify at the point of purchase in 

the absence of appropriate labeling. 

FDA is also proposing to allow a firm to 

petition FDA for use of an alternate term 

to ‘‘irradiation’’ (other than 

‘‘pasteurized’’). In addition, FDA is 

proposing to permit a firm to use the 

term ‘‘pasteurized’’ in lieu of 

‘‘irradiated,’’ provided it notifies the 

agency that the irradiation process being 

used meets the criteria specified for use 

of the term ‘‘pasteurized’’ in the Federal 

Food, Drug, and Cosmetic Act (the act) 

and the agency does not object to the 

notification. This proposed action is in 

response to the Farm Security and Rural 

Investment Act of 2002 (FSRIA) and, if 

finalized, will provide consumers with 

more useful information than the 

current regulation. 

DATES: Submit written or electronic 

comments on the proposed rule by July 

3, 2007. Submit comments regarding 

information collection by May 4, 2007 

to OMB (see ADDRESSES). 

ADDRESSES: You may submit comments, 

identified by Docket No. 2005N–0272 by 

any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following ways: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web site: http:// 

www.fda.gov/dockets/ecomments. 

Follow the instructions for submitting 

comments on the agency Web site. 

Written Submissions 

Submit written submissions in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier [For 

paper, disk, or CD–ROM submissions]: 

Division of Dockets Management (HFA–

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

To ensure more timely processing of 

comments, FDA is no longer accepting 

comments submitted to the agency by email. FDA encourages you to continue 

to submit electronic comments by using 

the Federal eRulemaking Portal or the 

agency Web site, as described in the 


cprice-sewell on PROD1PC61 with PROPOSALS