Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Proposed Rules 27491 

Actions Compliance Procedures 

(2) Do not install any Gemini fuel shut-off valve 

P/N 3⁄4–86–6–RT–6 (A3580–1) on any airplane unless the stop-plate is installed per 

paragraph (e)(1) of this AD.

For all Airplanes: As of 100 hours TIS after 

the effective date of this AD.

Follow Schweizer Aircraft Corp. Ag-Cat Service Bulletin No. 78, dated January 26, 1982. 

Alternative Methods of Compliance 

(AMOCs) 

(f) The Manager, Fort Worth Airplane 

Certification Office, 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: Matt Wilbanks, 

Aerospace Engineer, 2601 Meacham Blvd., 

Fort Worth, Texas 76137; telephone: (817) 

222–5051; fax: (817) 222–5960. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(g) AMOCs approved for AD 82–07–04 are 

approved for this AD. 

Related Information 

(h) To get copies of the service information 

referenced in this AD, contact Allied Ag Cat 

Productions, Inc., 301 West Walnut Street, 

P.O. Box 482, Walnut Ridge, Arkansas 72479; 

telephone: (870) 866–2111. To view the AD 

docket, go to the Docket Management 

Facility; U.S. Department of Transportation, 

400 Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC, or on the 

Internet at http://dms.dot.gov. The docket 

number is Docket No. FAA–2007–27860; 

Directorate Identifier 2007–CE–034–AD. 

Issued in Kansas City, Missouri, on May 9, 

2007. 

Charles L. Smalley, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–9402 Filed 5–15–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28158; Directorate 

Identifier 2007–NM–018–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ 

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 cases in which the drain 

mast of the water and waste system does not 

meet the SFAR–88 (Special Federal Aviation 

Regulation No. 88) requirements. In case of 

fuel leakage or fuel vapor release, the 

proximity of this mast with the fuel tank may 

cause fuel ignition, leading to a possible tank 

explosion. 

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 June 15, 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–2007–28158; Directorate Identifier 

2007–NM–018–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 Avic ̧a ̃o Civil 

(ANAC), which is the aviation authority 

for Brazil, has issued Brazilian 

Airworthiness Directive 2007–01–04, 

effective January 29, 2007 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

It has been found cases in which the drain 

mast of the water and waste system does not 


ycherry on PROD1PC64 with PROPOSALS
27492 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Proposed Rules 

meet the SFAR–88 (Special Federal Aviation 

Regulation No. 88) requirements. In case of 

fuel leakage or fuel vapor release, the 

proximity of this mast with the fuel tank may 

cause fuel ignition, leading to a possible tank 

explosion. 

The MCAI requires replacement of the 

water and waste system drain masts by 

new ones bearing a new part number (P/ 

N). You may obtain further information 

by examining the MCAI in the AD 

docket. 

The FAA has examined the 

underlying safety issues involved in fuel 

tank explosions on several large 

transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 

Review, Flammability Reduction and 

Maintenance and Inspection 

Requirements’’ (66 FR 23086, May 7, 

2001). In addition to new airworthiness 

standards for transport airplanes and 

new maintenance requirements, this 

rule included Special Federal Aviation 

Regulation No. 88 (‘‘SFAR 88,’’

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

Among other actions, SFAR 88 

requires certain type design (i.e., type 

certificate (TC) and supplemental type 

certificate (STC)) holders to substantiate 

that their fuel tank systems can prevent 

ignition sources in the fuel tanks. This 

requirement applies to type design 

holders for large turbine-powered 

transport airplanes and for subsequent 

modifications to those airplanes. It 

requires them to perform design reviews 

and to develop design changes and 

maintenance procedures if their designs 

do not meet the new fuel tank safety 

standards. As explained in the preamble 

to the rule, we intended to adopt 

airworthiness directives to mandate any 

changes found necessary to address 

unsafe conditions identified as a result 

of these reviews. 

In evaluating these design reviews, we 

have established four criteria intended 

to define the unsafe conditions 

associated with fuel tank systems that 

require corrective actions. The 

percentage of operating time during 

which fuel tanks are exposed to 

flammable conditions is one of these 

criteria. The other three criteria address 

the failure types under evaluation: 

single failures, single failures in 

combination with a latent condition(s), 

and in-service failure experience. For all 

four criteria, the evaluations included 

consideration of previous actions taken 

that may mitigate the need for further 

action. 

We have determined that the actions 

identified in this AD are necessary to 

reduce the potential of ignition sources 

inside fuel tanks, which, in combination 

with flammable fuel vapors, could result 

in fuel tank explosions and consequent 

loss of the airplane. 

Relevant Service Information 

EMBRAER has issued Service Bulletin 

145LEG–38–0013, dated March 24, 

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 

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 41 products of U.S. registry. 

We also estimate that it would take 

about 20 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 $9,633 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 

$460,553, or $11,233 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, 


ycherry on PROD1PC64 with PROPOSALS
Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Proposed Rules 27493 

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–

28158; Directorate Identifier 2007–NM–

018–AD. 

Comments Due Date 

(a) We must receive comments by June 15, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

EMB–135BJ airplanes, certificated in any 

category; except those that have previously 

accomplished EMBRAER Service Bulletin 

145LEG–38–0015 or 145LEG–38–0020. 

Subject 

(d) Water/Waste. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found cases in which the drain 

mast of the water and waste system does not 

meet the SFAR–88 (Special Federal Aviation 

Regulation No. 88) requirements. In case of 

fuel leakage or fuel vapor release, the 

proximity of this mast with the fuel tank may 

cause fuel ignition, leading to a possible tank 

explosion. 

The MCAI requires replacement of the water 

and waste system drain masts by new ones 

bearing a new part number (P/N). 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 5,000 flight hours or 4 years 

after the effective date of this AD, whichever 

occurs first, replace the water and waste 

system drain masts with P/N 9402.369.00674 

by new ones bearing a P/N 9402.369.00675, 

according to the detailed instructions and 

procedures described in EMBRAER Service 

Bulletin 145LEG–38–0013, dated March 24, 

2006. 

(2) The accomplishment of the detailed 

instructions and procedures described in 

EMBRAER Service Bulletin 145LEG–38–

0015, dated November 25, 2005; or 145LEG–

38–0020, dated February 3, 2006, are 

acceptable for compliance with the 

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, Transport Airplane 

Directorate, 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; 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 2007–01–04, effective January 29, 

2007, and the service bulletins listed in Table 

1 of this AD, for related information. 

TABLE 1.—SOURCES OF RELATED INFORMATION

EMBRAER Service Bulletin— Revision level— Dated—

145LEG–38–0005 .............................................. 02 ...................................................................... November 20, 2003. 

145LEG–38–0013 .............................................. Original ............................................................. March 24, 2006. 

145LEG–38–0015 .............................................. Original ............................................................. November 25, 2005. 

145LEG–38–0020 .............................................. Original ............................................................. February 3, 2006. 

Issued in Renton, Washington, on May 7, 

2007. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E7–9394 Filed 5–15–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28159; Directorate 

Identifier 2006–NM–257–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 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: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to certain 

Airbus Model A300–600, A310–200, 

and A310–300 series airplanes. The 

existing AD currently requires 

inspecting for certain serial numbers on 

elevators, and doing a detailed 

inspection, visual inspection with a 

low-angle light, and tap-test inspection 

of the upper and lower surfaces of the 

external skins on certain identified 

elevators for any damage (i.e., 

debonding of the graphite fiber 

reinforced plastic/Tedlar film 

protection, bulges, debonding of the 

honeycomb core to the carbon fiber 

reinforced plastic, abnormal surface 

reflections, and torn-out plies), and 

doing corrective actions if necessary. 

This proposed AD would also require 

inspecting for damage of the identified 

elevators in accordance with a new 

repetitive inspection program, at new 

repetitive intervals; and would provide 


ycherry on PROD1PC64 with PROPOSALS