45174 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules 

comments received. Once published as 

a proposed rule in the Federal Register, 

stakeholders will have an opportunity to 

comment on the proposed rule language 

and, the NRC will respond to any such 

comments in the Statements of 

Consideration for the final rule. 

Dated at Rockville, Maryland, this 28th day 

of July 2008. 

For the Nuclear Regulatory Commission. 

Dennis K. Rathbun, 

Director, Division of Intergovernmental 

Liaison and Rulemaking, Office of Federal 

and State Materials and Environmental 

Management Programs. 

[FR Doc. E8–17796 Filed 8–1–08; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0832; Directorate 

Identifier 2008–NM–067–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 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: 

In-service experience has shown that a 

fracture of the gerotor pump of the A320 RAT 

[ram air turbine] may occur. This may lead 

to the non-operation of the RAT in case of 

an in-flight deployment. 

The Non-Deployment or NonPressurization of the RAT, associated with a 

double engine failure or a total loss of normal 

electrical power generation constitutes an 

unsafe condition. 

* * * * * 

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 September 3, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2141; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

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–2008–0832; Directorate Identifier 

2008–NM–067–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:// 

www.regulations.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 2008–0034, 

dated February 20, 2008 [corrected 

February 21, 2008] (referred to after this 

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

condition for the specified products. 

The MCAI states: 

In-service experience has shown that a 

fracture of the gerotor pump of the A320 RAT 

[ram air turbine] may occur. This may lead 

to the non-operation of the RAT in case of 

an in-flight deployment. 

The Non-Deployment or NonPressurization of the RAT, associated with a 

double engine failure or a total loss of normal 

electrical power generation constitutes an 

unsafe condition. 

This AD mandates the replacement of the 

affected gerotor pump assembly, which will 

provide the required improved reliability of 

the RAT. 

The implementation of this modification 

was originally managed by an AIRBUS 

monitoring campaign. However, the rate of 

installation of the modification by operators 

has not met the predicted target. As such and 

to ensure continued compliance with the 

certification requirements it is considered 

necessary to require compliance by use of 

[an] AD. 

* * * * * 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Service Bulletin 

A320–29–1122, dated July 27, 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 


ebenthall on PRODPC60 with PROPOSALS
Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules 45175 

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 758 products of U.S. 

registry. We also estimate that it would 

take about 5 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 $0 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 $303,200, or $400 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–2008–0832; 

Directorate Identifier 2008–NM–067–AD. 

Comments Due Date 

(a) We must receive comments by 

September 3, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Airbus Model 

A318, A319, A320, and A321 airplanes, 

certificated in any category; except airplanes 

on which AIRBUS Modification 27189 was 

done in production or AIRBUS Service 

Bulletin A320–29–1100 was done in service, 

and on which AIRBUS Modification 28413 

was not done in production. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 29: Hydraulic power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

In-service experience has shown that a 

fracture of the gerotor pump of the A320 RAT 

[ram air turbine] may occur. This may lead 

to the non-operation of the RAT in case of 

an in-flight deployment. 

The Non-Deployment or NonPressurization of the RAT, associated with a 

double engine failure or a total loss of normal 

electrical power generation constitutes an 

unsafe condition. 

This AD mandates the replacement of the 

affected gerotor pump assembly, which will 

provide the required improved reliability of 

the RAT. 

The implementation of this modification 

was originally managed by an AIRBUS 

monitoring campaign. However, the rate of 

installation of the modification by operators 

has not met the predicted target. As such and 

to ensure continued compliance with the 

certification requirements it is considered 

necessary to require compliance by use of 

[an] AD. 

* * * * * 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 15 months after the effective 

date of this AD, identify the part number 

(P/N) and serial number (S/N) of the RAT in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A320–

29–1122, dated July 27, 2006. 

(2) For airplanes on which a RAT with 

P/N 680203037 is installed that has a S/N 

between 0101 and 0354 inclusive: Before 

further flight, replace the gerotor pump 

assembly and re-identify the RAT in 

accordance with the service bulletin. 

(3) For airplanes on which a RAT with 

P/N 680203037 is installed that does not 

have a S/N between 0101 and 0354 inclusive, 

or a RAT with a P/N other than P/N 

680203037 is installed: No further action is 

required by 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, 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: Tim Dulin, Aerospace 

Engineer, International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 1601 

Lind Avenue, SW., Renton, Washington 

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

(425) 227–1149. 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. 

(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 EASA Airworthiness 

Directive 2008–0034, dated February 20, 

2008 [corrected February 21, 2008], and 

Airbus Service Bulletin A320–29–1122, 

dated July 27, 2006, for related information. 


ebenthall on PRODPC60 with PROPOSALS
45176 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules 

Issued in Renton, Washington, on July 23, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–17782 Filed 8–1–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0830; Directorate 

Identifier 2007–NM–285–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Model Falcon 2000EX 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 that would 

supersede an existing AD. 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: 

Investigations after a CAS (crew alerting 

system) message ‘‘ENG 1 FIRE DETECT 

FAIL’’ that occurred on an in-service aircraft 

revealed that the detector threshold 

tolerances could not permit to identify the 

failure of one single engine fire detector loop 

out of the two present on each engine. The 

fire detection system integrity is therefore not 

correctly monitored. 

* * * * * 

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 September 3, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

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–2008–0830; Directorate Identifier 

2007–NM–285–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:// 

www.regulations.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 

On January 5, 2007, we issued AD 

2007–02–01, Amendment 39–14888 (72 

FR 2177, January 18, 2007). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2007–02–01, we 

have determined that fire detector 

threshold tolerances for the affected 

airplanes do not identify the failure of 

one engine fire detector loop out of the 

two present on each engine. The 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2007–0119, 

dated May 2, 2007 (referred to after this 

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

condition for the specified products. 

The MCAI states: 

Investigations after a CAS (crew alerting 

system) message ‘‘ENG 1 FIRE DETECT 

FAIL’’ that occurred on an in-service aircraft 

revealed that the detector threshold 

tolerances could not permit to identify the 

failure of one single engine fire detector loop 

out of the two present on each engine. The 

fire detection system integrity is therefore not 

correctly monitored. 

Airworthiness Directive (AD) No 2006–

0356–E [which corresponds to FAA AD 

2007–02–01] was initially issued to mandate 

the verification of the fire detection system 

integrity by a one time inspection. 

The current AD mandates installation of 

two new fire monitoring units of an 

improved design, each one of them is capable 

of monitoring the integrity of both detectors 

on the associated engine. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Dassault has issued Service Bulletin 

F2000EX–138, dated March 5, 2007. 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. 


ebenthall on PRODPC60 with PROPOSALS