Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Proposed Rules 16747 

(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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

Issued in Renton, Washington, on March 

29, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–6338 Filed 4–4–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27753; Directorate 

Identifier 2007–NM–022–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 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) 

originated 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: 

It has been found that the fuel quantity 

probes harnesses installed in the left and 

right wing stub tanks on some Embraer ERJ–

170( ) aircraft models may not be protected 

in accordance with RBHA/FAR (Regulamento 

Brasileiro de Homologac ̧a ̃o Aerona ́utica/ 

Federal Aviation Regulation) 25.981(a) and 

(b) requirements. 

The unsafe condition is potential 

ignition sources inside fuel tanks, 

which, in combination with flammable 

fuel vapors, could result in fuel tank 

explosions and consequent loss 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 May 7, 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–2007–27753; Directorate Identifier 

2007–NM–022–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 Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directive 2007–01–02, 

effective January 15, 2007 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

It has been found that the fuel quantity 

probes harnesses installed in the left and 

right wing stub tanks on some Embraer ERJ–

170( ) aircraft models may not be protected 

in accordance with RBHA/FAR (Regulamento 

Brasileiro de Homologac ̧a ̃o Aerona ́utica/ 

Federal Aviation Regulation) 25.981(a) and 

(b) requirements. 

The unsafe condition is potential 

ignition sources inside fuel tanks, 

which, in combination with flammable 

fuel vapors, could result in fuel tank 

explosions and consequent loss of the 

airplane. The MCAI requires inspection 

of the fuel quantity probes harnesses 

and correct reassembly if necessary. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

EMBRAER has issued Service Bulletin 

170–28–0011, dated April 26, 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 


ycherry on PROD1PC64 with PROPOSALS
16748 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Proposed Rules 

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 76 products of U.S. registry. 

We also estimate that it would take 

about 27 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$164,160, or $2,160 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–

27753; Directorate Identifier 2007–NM–

022–AD. 

Comments Due Date 

(a) We must receive comments by May 7, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

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

SU, –200 LR, –200 STD, and –200 SU 

airplanes; certificated in any category; serial 

numbers 17000005 through 17000013, 

17000015, 17000016, 17000018 through 

17000116, 17000118, and 17000119. 

Subject 

(d) Fuel. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found that the fuel quantity 

probes harnesses installed in the left and 

right wing stub tanks on some Embraer ERJ–

170( ) aircraft models may not be protected in 

accordance with RBHA/FAR (Regulamento 

Brasileiro de Homologac ̧a ̃o Aerona ́utica/ 

Federal Aviation Regulation) 25.981(a) and 

(b) requirements. 

The unsafe condition is potential ignition 

sources inside fuel tanks, which, in 

combination with flammable fuel vapors, 

could result in fuel tank explosions and 

consequent loss of the airplane. The MCAI 

requires inspection of the fuel quantity 

probes harnesses and correct reassembly if 

necessary. 

Actions and Compliance 

(f) Within 6,000 flight hours after the 

effective date of this AD, unless already 

done, make an inspection in the fuel quantity 

probes harnesses installed on both wings and 

reassemble them, as applicable, as described 

in EMBRAER Service Bulletin 170–28–0011, 

dated April 26, 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; fax (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 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Brazilian Airworthiness 

Directive 2007–01–02, effective January 15, 

2007; and EMBRAER Service Bulletin 170–

28–0011, dated April 26, 2006; for related 

information. 


ycherry on PROD1PC64 with PROPOSALS
Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Proposed Rules 16749 

Issued in Renton, Washington, on March 

26, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–6236 Filed 4–4–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27776; Directorate 

Identifier 2006–NM–170–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to all Airbus 

Model A318–100, A319–100, A320–200, 

A321–100, and A321–200 series 

airplanes, and Model A320–111 

airplanes. The existing AD currently 

requires an inspection to determine 

whether certain braking and steering 

control units (BSCUs) are installed or 

have ever been installed. For airplanes 

on which certain BSCUs are installed or 

have ever been installed, the existing 

AD requires an inspection of the nose 

landing gear (NLG) upper support and 

corrective action if necessary, and a 

check of the NLG strut inflation 

pressure and an adjustment if necessary. 

For some of these airplanes, the existing 

AD also requires a revision to the 

aircraft flight manual to incorporate an 

operating procedure to recover normal 

steering in the event of a steering 

failure. This proposed AD would 

require repetitive inspections of the 

NLG upper support, and related 

investigative/corrective actions in 

accordance with new service 

information; and would remove the onetime inspection that was required by the 

existing AD. This proposed AD also 

would provide an optional terminating 

action for the repetitive inspections. 

This proposed AD results from a report 

of an incident where an airplane landed 

with the NLG turned 90 degrees from 

centerline, and from additional reports 

of NLG upper support anti-rotation lugs 

rupturing in service. We are proposing 

this AD to prevent landings with the 

NLG turned 90 degrees from centerline, 

which could result in reduced 

controllability of the airplane. 

DATES: We must receive comments on 

this proposed AD by May 7, 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 Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, 

for service information identified in this 

proposed AD. 

FOR FURTHER INFORMATION CONTACT: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–2141; 

fax (425) 227–1149. 

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 ‘‘Docket No. FAA–2007–27776; 

Directorate Identifier 2006–NM–170–

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 

On November 16, 2005, we issued AD 

2005–24–06, amendment 39–14386 (70 

FR 70715, November 23, 2005), for all 

Airbus Model A318–100, A319–100, 

A320–200, A321–100, and A321–200 

series airplanes, and Model A320–111 

airplanes. That AD requires an 

inspection to determine whether certain 

braking and steering control units 

(BSCUs) are installed or have ever been 

installed. For airplanes on which certain 

BSCUs are installed or have ever been 

installed, that AD requires an inspection 

of the nose landing gear (NLG) upper 

support and corrective action if 

necessary, and a check of the NLG strut 

inflation pressure and an adjustment if 

necessary. For some of these airplanes, 

that AD also requires a revision to the 

aircraft flight manual (AFM) to 

incorporate an operating procedure to 

recover normal steering in the event of 

a steering failure. That AD resulted from 

a report of an incident where an 

airplane landed with the NLG turned 90 

degrees from centerline. We issued that 

AD to prevent landings with the NLG 

turned 90 degrees from centerline, 

which could result in reduced 

controllability of the airplane. 

Actions Since Existing AD Was Issued 

Since we issued AD 2005–24–06, 

several additional NLG upper support 

anti-rotation lugs have ruptured in 

service, which could lead to the 

inability to retract the NLG and possible 

landings with the nose wheel turned 90 

degrees from centerline. Investigations 

showed that the affected airplanes were 

all equipped with enhanced 

manufacturing and maintainability 

(EMM) BSCU (Standard L4.1 and L4.5). 

The NLG shock absorber was also found 

to be over-pressurized on some of these 

airplanes, which resulted in increased 

loads on the upper support. As a result, 


ycherry on PROD1PC64 with PROPOSALS