Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Proposed Rules 27489 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27860; Directorate 

Identifier 2007–CE–034–AD] 

RIN 2120–AA64 

Airworthiness Directives; Allied Ag Cat 

Productions, Inc. (Type Certificate No. 

1A16 Formerly Held by Schweizer 

Aircraft Corp.) G–164 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede 

Airworthiness Directive (AD) 82–07–04, 

which applies to certain Allied Ag Cat 

Productions, Inc. (Ag Cat) G–164 series 

airplanes. AD 82–07–04 currently 

requires you to modify the fuel shut-off 

valve control by installation of a new 

stop-plate. Since we issued AD 82–07–

04, we have determined the need to add 

airplane models and serial numbers that 

were not previously included in the 

applicability. Consequently, this 

proposed AD would retain the actions of 

AD 82–07–04 and add airplane models 

and serial numbers to the applicability. 

We are proposing this AD to prevent 

turning the fuel shut-off valve clockwise 

past the ‘‘ON’’ position stop which, if 

not corrected, could allow the fuel valve 

to be rotated to an unplacarded ‘‘OFF’’

position. This condition could lead to 

reduced fuel flow and consequent loss 

of engine power. 

DATES: We must receive comments on 

this proposed AD by July 16, 2007. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD: 

• DOT Docket Web site: Go to 

http://dms.dot.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–

0001. 

• 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. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

For service information identified in 

this proposed AD, contact Allied Ag Cat 

Productions, Inc., 301 West Walnut 

Street, P.O. Box 482, Walnut Ridge, 

Arkansas 72479; telephone: (870) 866–

2111. 

FOR FURTHER INFORMATION CONTACT: Matt 

Wilbanks, Aerospace Engineer, FAA, 

Fort Worth Airplane Certification 

Office, 2601 Meacham Blvd., Fort 

Worth, Texas 76137; telephone: (817) 

222–5051; fax: (817) 222–5960. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under the 

ADDRESSES section. Include the docket 

number, ‘‘FAA–2007–27860; Directorate 

Identifier 2007–CE–034–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 we receive 

concerning this proposed AD. 

Discussion 

A determination that the fuel shut-off 

valve handle could be rotated clockwise 

past the ‘‘ON’’ position stop to an 

unplacarded ‘‘OFF’’ position on certain 

Ag Cat G–164 series airplanes caused us 

to issue AD 82–07–04, Amendment 39–

4355 (47 FR 13788, April 1, 1982). AD 

82–07–04 currently requires you to 

modify the fuel shut-off valve control by 

installation of a new stop-plate on 

certain Ag Cat G–164 series airplanes. 

Since issuing AD 82–07–04, we have 

determined the need to add airplane 

models and serial numbers that were 

not previously included in the 

applicability. 

This condition, if not corrected, could 

lead to reduced fuel flow and 

consequent loss of engine power. 

Relevant Service Information 

We have reviewed Schweizer Aircraft 

Corp. Ag-Cat Service Bulletin No. 78, 

dated January 26, 1982. 

The service information describes 

procedures for modification of the fuel 

shut-off control by installation of a part 

number A1552–71 stop-plate. 

FAA’s Determination and Requirements 

of the Proposed AD 

We are proposing this AD because we 

evaluated all information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. This proposed AD would 

supersede AD 82–07–04 with a new AD 

that would retain the actions of AD 82–

07–04 and add models and serial 

numbers to the applicability. This 

proposed AD would require you to use 

the service information described 

previously to perform these actions. 

Differences Between This Proposed AD 

and the Service Information 

This proposed AD affects additional 

models and serial numbers airplanes 

compared to the list in the applicability 

section of the service information. The 

requirements of this proposed AD, if 

adopted as a final rule, would take 

precedence over the provisions in the 

service information. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 1,400 airplanes in the U.S. 

registry, including those airplanes 

affected by AD 82–07–04. 

We estimate the following costs to do 

the proposed modification: 

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

2.5 work-hours × $80 per hour = $200 ....................................................................................... $500 $700 $980,000 

We based our fleet cost estimate on all 

airplanes needing the modification. We 

have no way of knowing which 

airplanes already have modified the fuel 

shut-off control per AD 82–07–04. We 

also have no way of knowing how many 

airplanes have been retrofitted with the 

Gemini fuel shut-off valve part number 


ycherry on PROD1PC64 with PROPOSALS
27490 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Proposed Rules 

3/4–86–6–RT–6 (A3580–1) without 

incorporating AD 82–07–04. 

The estimated total cost on U.S. 

operators includes the cumulative costs 

associated with those airplanes affected 

by AD 82–07–04 and those airplanes 

being added in this AD. 

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. 

Examining the AD Docket 

You may examine the AD docket that 

contains the proposed AD, the 

regulatory evaluation, any comments 

received, and other information 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 Docket Office (telephone 

(800) 647–5227) is located at the street 

address stated in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

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 

removing Airworthiness Directive (AD) 

82–07–04, Amendment 39–4355 (47 FR 

13788, April 1, 1982), and adding the 

following new AD: 

Allied Ag Cat Productions, Inc. (Type 

Certificate No. 1A16 formerly held by 

Schweizer Aircraft Corp.): Docket No. 

FAA–2007–27860; Directorate Identifier 

2007–CE–034–AD. 

Comments Due Date 

(a) We must receive comments on this 

airworthiness directive (AD) action by July 

16, 2007. 

Affected ADs 

(b) This AD supersedes AD 82–07–04, 

Amendment 39–4355. 

Applicability 

(c) This AD applies to the following model 

and serial number airplanes that are 

certificated in any category and have Gemini 

fuel shut-off valve part number (P/N) 3⁄4–86– 

6–RT–6 (A3580–1) installed: 

(1) Group 1 (maintains the actions from AD 

82–07–04): 

Model Serial Nos 

(i) G–164A ................. 1726A through 

1730A. 

(ii) G–164B ................ 335B through 659B. 

(iii) G–164C ............... 1C through 44C. 

(iv) G–164D ............... 1D through 22D. 

(2) Group 2: 

Model Serial Nos. 

(i) G–164 ................................................................................................... All. 

(ii) G–164A ............................................................................................... All except 1726A through 1730A. 

(iii) G–164B and G–164B with 73′′ wing gap ........................................... All except 335B through 659B. 

(iv) G–164B–15T ...................................................................................... All. 

(v) G–164B–20T ....................................................................................... All. 

(vi) G–164B–34T ...................................................................................... All. 

(vii) G–164C ............................................................................................. All except 1C through 44C. 

(iv) G–164D and G–164D with 73′′ wing gap .......................................... All except 1D through 22D. 

Unsafe Condition 

(d) This AD results from our determination 

to add airplane models and serial numbers 

that were not previously included in the 

applicability. We are issuing this AD to 

prevent turning the fuel shut-off valve 

clockwise past the ‘‘ON’’ position which, if 

not corrected, could allow the fuel valve to 

be rotated to an unplacarded ‘‘OFF’’ position. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) Modify the fuel shut-off valve control by installation of a new stop-plate, P/N A1552–71 

(or FAA-approved equivalent).

(i) For Group 1 Airplanes: Within 100 hours 

time-in service (TIS) after April 6, 1982 (the 

effective date of AD 82–07–04).

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

(ii) For Group 2 Airplanes: Within 100 hours 

TIS after the effective date of this AD.


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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 


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