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

20289 

Vol. 72, No. 78 

Tuesday April 24, 2007 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27982; Directorate 

Identifier 2007–NM–009–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A300 Series Airplanes; Model A300– 

600 Series Airplanes; and Model A310 

Series 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: 

* * * accidents which occurred to inservice aircraft caused by the violent opening 

of a passenger door, related to excessive 

residual pressurization in the cabin on 

ground. 

* * * * * 

This unsafe condition could result in 

injury to crew members opening the 

passenger door. 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 24, 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 

Stafford, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–1622; 

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–2007–27982; Directorate Identifier 

2007–NM–009–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 2007–0005, 

dated January 8, 2007 (referred to after 

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

condition for the specified products. 

The MCAI states: 

The modification rendered mandatory by 

this Airworthiness Directive (AD) falls within 

the scope of a set of corrective measures 

undertaken by AIRBUS subsequent to 

accidents which occurred to in-service 

aircraft caused by the violent opening of a 

passenger door, related to excessive residual 

pressurization in the cabin on ground. 

In order to prevent the flight crews 

operating in manual mode when discrete 

spoilers signals are true and ensures OFV 

(outflow valve) or depress valve are driven 

open after landing, this modification consists 

of introducing an automatic opening logic 

either for the forward and aft OFV or for the 

single depress valve, when the aircraft is on 

ground, immediately after landing. 

The MCAI requires the modification 

described previously. This unsafe 

condition could result in injury to crew 

members opening the passenger door. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Service Bulletins 

A300–21–0132, dated July 28, 2006; 

A300–21–6049, Revision 01, dated 

September 15, 2006; and A310–21– 

2062, dated July 20, 2006. The actions 

described in the service information are 

intended to correct the unsafe condition 

identified in the MCAI. 


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20290 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 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 191 products of U.S. 

registry. We also estimate that it would 

take up to 34 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 up to $5,470 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 up 

to $1,564,290, or $8,190 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: 

Airbus: Docket No. FAA–2007–27982; 

Directorate Identifier 2007–NM–009–AD. 

Comments Due Date 

(a) We must receive comments by May 24, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following 

airplanes, certificated in any category: 

(1) Model A300 series airplanes, 

manufacturer serial numbers 0202, 0205, 

0225, 0299, and 0302, in forward facing crew 

cockpit configuration, except airplanes 

which have received in service application of 

Airbus Service Bulletin A300–21–0132. 

(2) Model A310 series airplanes, all 

certified models, all serial numbers, except 

airplanes which have received in service 

application of Airbus Service Bulletin A310–

21–2062. 

(3) Model A300–600 series airplanes, all 

certified models, all serial numbers, on 

which Airbus Modification 03881 is 

embodied, except airplanes which have 

received either incorporation of Airbus 

Modification 12942 during production, or 

application of Airbus Service Bulletin A300–

21–6049 in service. 

Subject 

(d) Doors. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

The modification rendered mandatory by 

this Airworthiness Directive (AD) falls within 

the scope of a set of corrective measures 

undertaken by AIRBUS subsequent to 

accidents which occurred to in-service 

aircraft caused by the violent opening of a 

passenger door, related to excessive residual 

pressurization in the cabin on ground. 

In order to prevent the flight crews 

operating in manual mode when discrete 

spoilers signals are true and ensures OFV 

(outflow valve) or depress valve are driven 

open after landing, this modification consists 

of introducing an automatic opening logic 

either for the forward and aft OFV or for the 

single depress valve, when the aircraft is on 

ground, immediately after landing. 

This unsafe condition could result in injury 

to crew members opening the passenger door. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 18 months after the effective 

date of this AD: Install an automatic opening 

logic either for the forward and aft OFV 

(outflow valve) or for the single depress 

valve, as applicable, by introducing the use 

of discrete spoiler signals, driving one 

(Model A300 airplanes) or two (Model A310 

airplanes and Model A300–600 series 

airplanes) time delay relays, in accordance 

with the instructions of Airbus Service 

Bulletin A300–21–0132, dated July 28, 2006; 

A310–21–2062, dated July 20, 2006; or 

A300–21–6049, Revision 01, dated 

September 15, 2006; as applicable. 

(2) Actions done before the effective date 

of this AD in accordance with Airbus Service 

Bulletin A300–21–6049, dated August 31, 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Proposed Rules 20291 

2005, are acceptable for compliance with the 

corresponding requirements of this AD. 

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, ATTN: Tom 

Stafford, 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 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2007–

0005, dated January 8, 2007; and Airbus 

Service Bulletins A300–21–0132, dated July 

28, 2006; A300–21–6049, Revision 01, dated 

September 15, 2006; and A310–21–2062, 

dated July 20, 2006; for related information. 

Issued in Renton, Washington, on April 16, 

2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–7733 Filed 4–23–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27981; Directorate 

Identifier 2007–NM–021–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–145XR 

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 refueling line 

inside the ventral fuel tank on the Embraer 

EMB–145XR aircraft model is not protected 

in accordance with SFAR–88 (Special 

Federal Aviation Regulation 88) 

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 24, 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–2007–27981; Directorate Identifier 

2007–NM–021–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 


jlentini on PROD1PC65 with PROPOSAL