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Federal Register / Vol. 72, No.

17 / Friday, January 26, 2007 / Proposed Rules 3759

Compliance for compliance with the corresponding action • DOT Docket Web site: Go to
(e) You are responsible for having the specified in paragraph (g) of this AD, http://dms.dot.gov and follow the
actions required by this AD performed within provided the intended restriction of the instructions for sending your comments
the compliance times specified, unless the connectors was done as specified in
Bombardier Service Bulletin 84–26–07,
electronically.
actions have already been done.
Revision ‘B,’ dated November 1, 2006. • Fax: (202) 493–2251.
Restatement of Requirements of AD 2005– • Mail: Docket Management Facility,
12–17 Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, New York ACO, FAA,
U.S. Department of Transportation, 400
Inspection and Corrective Action has the authority to approve AMOCs for this Seventh Street, SW., Nassif Building,
(f) For airplanes having S/Ns 4001 through AD, if requested in accordance with the Room PL–401, Washington, DC 20590–
4105 inclusive: Within 14 days after July 5, procedures found in 14 CFR 39.19. 0001.
2005 (the effective date of AD 2005–12–17), (2) Before using any AMOC approved in • Hand Delivery: Room PL–401 on
inspect the electrical connectors of the fire accordance with § 39.19 on any airplane to
the plaza level of the Nassif Building,
bottles for the forward and aft baggage which the AMOC applies, notify the
compartments and for the APU and engine appropriate principal inspector in the FAA 400 Seventh Street, SW., Washington,
nacelles to determine if they are connected Flight Standards Certificate Holding District DC, between 9 a.m. and 5 p.m., Monday
correctly; and, before further flight, do the Office. through Friday, except Federal holidays.
related investigative and corrective actions,
Related Information • Federal eRulemaking Portal: http://
as applicable; by doing all of the applicable www.regulations.gov. Follow the
actions specified in the Accomplishment (k) Canadian airworthiness directive CF–
2005–14R1, dated May 8, 2006, also instructions for submitting comments.
Instructions of Bombardier Alert Service
Bulletin A84–26–06, dated May 12, 2005; or addresses the subject of this AD. Examining the AD Docket
Revision ‘A,’ dated June 6, 2005. Although Issued in Renton, Washington, on January
the service bulletins specify to submit certain 17, 2007. You may examine the AD docket on
information to the manufacturer, this AD Ali Bahrami, the Internet at http://dms.dot.gov; or in
does not include that requirement. person at the Docket Management
Manager, Transport Airplane Directorate,
New Requirements of This AD Aircraft Certification Service. Facility between 9 a.m. and 5 p.m.,
[FR Doc. E7–1201 Filed 1–25–07; 8:45 am]
Monday through Friday, except Federal
Installation/Modification holidays. The AD docket contains this
BILLING CODE 4910–13–P
(g) For all airplanes: Within 5,000 flight proposed AD, the regulatory evaluation,
hours after the effective date of this AD, any comments received, and other
install/modify lanyards, mounts, and clamps information. The street address for the
to the forward and aft baggage compartment, DEPARTMENT OF TRANSPORTATION
Docket Office (telephone (800) 647–
APU, and engine nacelle fire extinguishing
systems by doing all the actions specified in Federal Aviation Administration 5227) is in the ADDRESSES section.
the Accomplishment Instructions of Comments will be available in the AD
Bombardier Service Bulletin 84–26–07, 14 CFR Part 39 docket shortly after receipt.
Revision ‘B,’ dated November 1, 2006. FOR FURTHER INFORMATION CONTACT: Tim
[Docket No. FAA–2007–27014; Directorate
Installation and Removal of Bottles and Identifier 2006–NM–253–AD] Backman, Aerospace Engineer,
Cartridges International Branch, ANM–116, FAA,
RIN 2120–AA64
(h) For airplanes having S/Ns 4001 through Transport Airplane Directorate, 1601
4105 inclusive: As of the effective date of this Airworthiness Directives; Airbus Model Lind Avenue, SW., Renton, Washington
AD, whenever any of the actions specified in A330 Airplanes and Model A340–200 98057–3356; telephone (425) 227–2797;
paragraphs (h)(1), (h)(2), (h)(3), (h)(4), (h)(5), and –300 Series Airplanes fax (425) 227–1149.
(h)(6), and (h)(7) of this AD are done, those
actions must be done in accordance with a AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION:
method approved by either the Manager, Administration (FAA), Department of Streamlined Issuance of AD
New York Aircraft Certification Office (ACO), Transportation (DOT).
FAA; or Transport Canada Civil Aviation (or The FAA is implementing a new
ACTION: Notice of proposed rulemaking
its delegated agent). Bombardier Dash 8 process for streamlining the issuance of
Series 400 Aircraft Maintenance Manual, (NPRM).
ADs related to MCAI. This streamlined
Product Support Manual (PSM) 1–84–2,
SUMMARY: We propose to adopt a new process will allow us to adopt MCAI
Revision 22, dated June 5, 2006, is one
approved method. airworthiness directive (AD) for the safety requirements in a more efficient
(1) Installation and removal of nacelle fire products listed above. This proposed manner and will reduce safety risks to
bottles. AD results from mandatory continuing the public. This process continues to
(2) Installation of aft high-rate fire bottles. airworthiness information (MCAI) follow all FAA AD issuance processes to
(3) Installation of forward high-rate fire issued by an aviation authority of meet legal, economic, Administrative
bottles. another country to identify and correct Procedure Act, and Federal Register
(4) Installation and removal of low-rate fire an unsafe condition on an aviation requirements. We also continue to meet
bottles. product. The MCAI describes the unsafe our technical decision-making
(5) Installation of APU fire bottles.
(6) Installation and removal of low-rate fire
condition as un-damped extension of responsibilities to identify and correct
extinguisher cartridges. the main landing gear (MLG), unsafe conditions on U.S.-certificated
(7) Installation and removal of nacelle fire potentially leading to loss of side stay products.
extinguisher cartridges. integrity and then MLG collapse. The This proposed AD references the
proposed AD would require actions that
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Actions Accomplished According to Previous MCAI and related service information


Issue of Service Bulletin
are intended to address the unsafe that we considered in forming the
condition described in the MCAI. engineering basis to correct the unsafe
(i) Actions accomplished before the
DATES: We must receive comments on condition. The proposed AD contains
effective date of this AD in accordance with
Bombardier Service Bulletin 84–26–07, dated this proposed AD by February 26, 2007. text copied from the MCAI and for this
June 15, 2005; and Revision ‘A,’ dated ADDRESSES: You may send comments by reason might not follow our plain
February 21, 2006; are considered acceptable any of the following methods: language principles.

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3760 Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Proposed Rules

Comments Invited country, and is approved for operation Part A, Subpart III, Section 44701:
We invite you to send any written in the United States. Pursuant to our General requirements.’’ Under that
relevant data, views, or arguments about bilateral agreement with this State of section, Congress charges the FAA with
this proposed AD. Send your comments Design Authority, they have notified us promoting safe flight of civil aircraft in
to an address listed under the of the unsafe condition described in the air commerce by prescribing regulations
ADDRESSES section. Include ‘‘Docket No. MCAI and service information for practices, methods, and procedures
FAA–2007–27014; Directorate Identifier referenced above. We are proposing this the Administrator finds necessary for
2006–NM–253–AD’’ at the beginning of AD because we evaluated all safety in air commerce. This regulation
your comments. We specifically invite information provided by the State of is within the scope of that authority
comments on the overall regulatory, Design Authority and determined the because it addresses an unsafe condition
economic, environmental, and energy unsafe condition exists and is likely to that is likely to exist or develop on
aspects of this proposed AD. We will exist or develop on other products of the products identified in this rulemaking
consider all comments received by the same type design. action.
closing date and may amend this Differences Between This AD and the Regulatory Findings
proposed AD because of those MCAI or Service Information We determined that this proposed AD
comments.
We will post all comments we We have reviewed the MCAI and would not have federalism implications
receive, without change, to http:// related service information and, in under Executive Order 13132. This
dms.dot.gov, including any personal general, agree with their substance. But proposed AD would not have a
information you provide. We will also we might have found it necessary to use substantial direct effect on the States, on
post a report summarizing each different words from those in the MCAI the relationship between the national
substantive verbal contact we receive to ensure the AD is clear for U.S. Government and the States, or on the
about this proposed AD. operators and is enforceable. In making distribution of power and
these changes, we do not intend to differ responsibilities among the various
Discussion substantively from the information levels of government.
The European Aviation Safety Agency provided in the MCAI and related For the reasons discussed above, I
(EASA), which is the aviation authority service information. certify this proposed regulation:
for the European Union, has issued We might also have proposed 1. Is not a ‘‘significant regulatory
Emergency Airworthiness Directive different actions in this AD from those action’’ under Executive Order 12866;
in the MCAI in order to follow FAA 2. Is not a ‘‘significant rule’’ under the
2006–0324–E, dated October 20, 2006
policies. Any such differences are DOT Regulatory Policies and Procedures
(referred to after this as ‘‘the MCAI’’), to
described in a separate paragraph of the (44 FR 11034, February 26, 1979); and
correct an unsafe condition for the
proposed AD. These requirements, if 3. Will not have a significant
specified products. The MCAI states
ultimately adopted, will take economic impact, positive or negative,
that during full-scale fatigue tests, the
precedence over the actions copied from on a substantial number of small entities
retraction link failed on the latest
the MCAI. under the criteria of the Regulatory
growth production standard MLG (main
Flexibility Act.
landing gear) prior to its expected life Costs of Compliance We prepared a regulatory evaluation
limit. Investigations confirm that the of the estimated costs to comply with
root cause of this premature fracture is Based on the service information, we
estimate that this proposed AD would this proposed AD and placed it in the
due to high lug stress. The retraction
affect about 28 products of U.S. registry. AD docket.
link is included in the ALS
(Airworthiness Limitation section) Part We also estimate that it would take List of Subjects in 14 CFR Part 39
1—Safe Life Airworthiness Limitation about 10 work-hours per product to
Air transportation, Aircraft, Aviation
Item—and is currently limited to 35,200 comply with this proposed AD. The
safety, Safety.
flight cycles (FC). Its fracture causes un- average labor rate is $80 per work-hour.
damped extension of the MLG, Required parts would cost about $0 per The Proposed Amendment
potentially leading to loss of side stay product. Where the service information Accordingly, under the authority
integrity and then MLG collapse, which lists required parts costs that are delegated to me by the Administrator,
constitutes an unsafe condition. The covered under warranty, we have the FAA proposes to amend 14 CFR part
aim of the MCAI is to mandate the assumed that there will be no charge for 39 as follows:
reduced retraction link life limit and these costs. As we do not control
replacement of any retraction link that warranty coverage for affected parties, PART 39—AIRWORTHINESS
has exceeded this new limit. You may some parties may incur costs higher DIRECTIVES
obtain further information by examining than estimated here. Based on these
figures, we estimate the cost of the 1. The authority citation for part 39
the MCAI in the AD docket.
proposed AD on U.S. operators to be continues to read as follows:
Relevant Service Information $22,400, or $800 per product. Authority: 49 U.S.C. 106(g), 40113, 44701.
Airbus has issued All Operators
Telexes A330–32A3208, dated October Authority for This Rulemaking § 39.13 [Amended]
18, 2006; and A340–32A4252, dated Title 49 of the United States Code 2. The FAA amends § 39.13 by adding
October 18, 2006. The actions described specifies the FAA’s authority to issue the following new AD:
in this service information are intended rules on aviation safety. Subtitle I, Airbus: Docket No. FAA–2007–27014;
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to correct the unsafe condition section 106, describes the authority of Directorate Identifier 2006–NM–253–AD.
identified in the MCAI. the FAA Administrator. ‘‘Subtitle VII: Comments Due Date
Aviation Programs,’’ describes in more
FAA’s Determination and Requirements (a) We must receive comments by February
detail the scope of the Agency’s 26, 2007.
of This Proposed AD authority.
This product has been approved by We are issuing this rulemaking under Affected ADs
the aviation authority of another the authority described in ‘‘Subtitle VII, (b) Noune.

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Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Proposed Rules 3761

Applicability Corrective actions are considered FAA- doors to adequately contain a fire inside
(c) This AD applies to Airbus Model A330 approved if they are approved by the State the lavatory waste compartment, and
airplanes, and Model A340–200 and –300 of Design Authority (or their delegated consequent uncontained fire and smoke
series airplanes, certificated in any category; agent). You are required to assure the product within a lavatory during flight.
all serial numbers fitted with MLG (main is airworthy before it is returned to service.
(3) Reporting Requirements: For any DATES: We must receive comments on
landing gear) retraction link Part Number
(PN) 201489311 (LH (left-hand) side) or PN reporting requirement in this AD, under the this supplemental NPRM by February
201489312 (RH (right-hand) side). provisions of the Paperwork Reduction Act, 20, 2007.
the Office of Management and Budget (OMB) ADDRESSES: Use one of the following
Reason has approved the information collection addresses to submit comments on this
(d) The MCAI states that during full-scale requirements and has assigned OMB Control supplemental NPRM.
fatigue tests, the retraction link failed on the Number 2120–0056.
• DOT Docket Web site: Go to
latest growth production standard MLG
(main landing gear) prior to its expected life
Related Information http://dms.dot.gov and follow the
limit. Investigations confirm that the root (g) Refer to MCAI European Aviation instructions for sending your comments
cause of this premature fracture is due to Safety Agency Emergency Airworthiness electronically.
high lug stress. The retraction link is Directive 2006–0324–E, dated October 20, • Government-wide rulemaking web
included in the ALS (Airworthiness 2006; and Airbus All Operators Telex A330– site: Go to http://www.regulations.gov
Limitation section) Part 1—Safe Life 32A3208, dated October 18, 2006; and Airbus and follow the instructions for sending
Airworthiness Limitation Item—and All Operators Telex A340–32A4252, dated your comments electronically.
currently limited to 35,200 flight cycles (FC). October 18, 2006, for related information. • Mail: Docket Management Facility;
Its fracture causes un-damped extension of Issued in Renton, Washington, on January U.S. Department of Transportation, 400
the MLG, potentially leading to loss of side 12, 2007.
stay integrity and then MLG collapse, which
Seventh Street, SW., Nassif Building,
constitutes an unsafe condition. The aim of Ali Bahrami, Room PL–401, Washington, DC 20590.
the MCAI is to mandate the reduced Manager, Transport Airplane Directorate, • Fax: (202) 493–2251.
retraction link life limit and replacement of Aircraft Certification Service. • Hand Delivery: Room PL–401 on
any retraction link that has exceeded this [FR Doc. E7–1202 Filed 1–25–07; 8:45 am] the plaza level of the Nassif Building,
new limit. BILLING CODE 4910–13–P 400 Seventh Street, SW., Washington,
Actions and Compliance DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
(e) Unless already done, do the following
actions. DEPARTMENT OF TRANSPORTATION Contact Empresa Brasileira de
(1) Prior to the accumulation of 8,300 total Aeronautica S.A. (EMBRAER), P.O. Box
landings on the retraction link assembly or Federal Aviation Administration 343—CEP 12.225, Sao Jose dos
within 39 days after the effective date of this Campos—SP, Brazil, for service
AD, whichever occurs later, replace the 14 CFR Part 39 information identified in this proposed
retraction link assembly in accordance with AD.
the instructions defined in Airbus All [Docket No. FAA–2006–25419; Directorate
Identifier 2006–NM–055–AD] FOR FURTHER INFORMATION CONTACT:
Operators Telex A330–32A3208, dated
October 18, 2006; or Airbus All Operators
Todd Thompson, Aerospace Engineer,
RIN 2120–AA64 International Branch, ANM–116,
Telex A340–32A4252, dated October 18,
2006; as applicable. Transport Airplane Directorate, FAA,
Airworthiness Directives; Empresa
(2) Within 39 days after the effective date 1601 Lind Avenue, SW., Renton,
Brasileira de Aeronautica S.A.
of this AD, report to Airbus the life Washington 98057–3356; telephone
accumulation information of each retraction
(EMBRAER) Model ERJ 170 Airplanes
(425) 227–1175; fax (425) 227–1149.
link assembly affected by this AD in AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION:
accordance with Airbus All Operators Telex
Administration (FAA), Department of
A330–32A3208, dated October 18, 2006; or Comments Invited
Airbus All Operators Telex A340–32A4252, Transportation (DOT).
dated October 18, 2006; as applicable. ACTION: Supplemental notice of We invite you to submit any relevant
Note 1: This reduced life limit will be proposed rulemaking (NPRM); written data, views, or arguments
incorporated within the next revision of the reopening of comment period. regarding this supplemental NPRM.
Airbus A330/A340 ALS Part 1. Send your comments to an address
SUMMARY: The FAA is revising an earlier listed in the ADDRESSES section. Include
Other FAA AD Provisions NPRM for an airworthiness directive the docket number ‘‘Docket No. FAA–
(f) The following provisions also apply to (AD) that applies to certain EMBRAER 2006–25419; Directorate Identifier
this AD: Model ERJ 170 airplanes. The original 2006–NM–055–AD’’ at the beginning of
(1) Alternative Methods of Compliance NPRM would have required replacing your comments. We specifically invite
(AMOCs): The Manager, International the mini-latches on certain lavatory comments on the overall regulatory,
Branch, ANM–116, Transport Airplane
Directorate, FAA, ATTN: Tim Backman,
waste compartment doors with new, economic, environmental, and energy
Aerospace Engineer, 1601 Lind Avenue, SW., stronger latches, and other specified aspects of this supplemental NPRM. We
Renton, Washington 98057–3356, has the actions. The original NPRM resulted will consider all comments received by
authority to approve AMOCs for this AD, if from reports of certain lavatory waste the closing date and may amend this
requested using the procedures found in 14 compartment doors opening during supplemental NPRM in light of those
CFR 39.19. Before using any AMOC approved flight due to movement of the waste comments.
in accordance with § 39.19 on any airplane compartment during takeoff, because We will post all comments submitted,
to which the AMOC applies, notify the
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the mini-latches installed on the doors without change, to http://dms.dot.gov,


appropriate principal inspector in the FAA of those compartments lose their including any personal information you
Flight Standards Certificate Holding District
Office.
strength over time. This action revises provide. We will also post a report
(2) Airworthy Product: For any the original NPRM by adding airplanes summarizing each substantive verbal
requirement in this AD to obtain corrective to the applicability. We are proposing contact with FAA personnel concerning
actions from a manufacturer or other source, this supplemental NPRM to prevent the this supplemental NPRM. Using the
use these actions if they are FAA-approved. inability of the waste compartment search function of that Web site, anyone

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