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Federal Register / Vol. 72, No.

204 / Tuesday, October 23, 2007 / Proposed Rules 59967

conveyance, other than an aircraft, for (8) Non-commercial travel on aircraft, • Fax: (202) 493–2251.
campaign-related travel, the candidate’s and travel on other means of • Mail: U.S. Department of
authorized committee shall pay the transportation not operated for Transportation, Docket Operations, M–
appropriate government entity an commercial passenger service is 30, West Building Ground Floor, Room
amount equal to the amount required governed by 11 CFR 100.93. W12–140, 1200 New Jersey Avenue, SE.,
under 11 CFR 100.93(d). Dated: October 18, 2007. Washington, DC 20590.
* * * * * Robert D. Lenhard, • Hand Delivery: U.S. Department of
(v) For travel by aircraft, the Transportation, Docket Operations, M–
Chairman, Federal Election Commission.
committee shall maintain 30, West Building Ground Floor, Room
[FR Doc. E7–20901 Filed 10–22–07; 8:45 am]
documentation as required by 11 CFR W12–40, 1200 New Jersey Avenue, SE.,
BILLING CODE 6715–01–P
100.93(j)(3) in addition to any other Washington, DC, between 9 a.m. and 5
documentation required in this section. p.m., Monday through Friday, except
For travel by other conveyances, the Federal holidays.
committee shall maintain DEPARTMENT OF TRANSPORTATION
Examining the AD Docket
documentation of the commercial rental
Federal Aviation Administration You may examine the AD docket on
rate as required by 11 CFR 100.93(j)(4)
in addition to any other documentation the Internet at http://
14 CFR Part 39 www.regulations.gov; or in person at the
required in this section.
[Docket No. FAA–2007–0075; Directorate Docket Operations office between 9 a.m.
* * * * *
Identifier 2007–NM–171–AD] and 5 p.m., Monday through Friday,
(8) Non-commercial travel, as defined
except Federal holidays. The AD docket
in 11 CFR 100.93(a)(3)(v), on aircraft, RIN 2120–AA64 contains this proposed AD, the
and travel on other means of
regulatory evaluation, any comments
transportation not operated for Airworthiness Directives; EMBRAER
received, and other information. The
commercial passenger service, is Model EMB–120, –120ER, –120FC,
street address for the Docket Operations
governed by 11 CFR 100.93. –120QC, and –120RT Airplanes
office (telephone (800) 647–5527) is in
PART 9034—ENTITLEMENTS AGENCY: Federal Aviation the ADDRESSES section. Comments will
Administration (FAA), DOT. be available in the AD docket shortly
9. The authority citation for part 9034 ACTION: Notice of proposed rulemaking after receipt.
would continue to read as follows: (NPRM). FOR FURTHER INFORMATION CONTACT: Dan
Authority: 26 U.S.C. 9034 and 9039(b). Rodina, Aerospace Engineer,
SUMMARY: We propose to adopt a new International Branch, ANM–116, FAA,
10. Section 9034.7 would be amended airworthiness directive (AD) for the Transport Airplane Directorate, 1601
by revising paragraphs (b)(5) (i), (iii), products listed above. This proposed Lind Avenue, SW., Renton, Washington
and (v) and (b)(8) to read as follows: AD results from mandatory continuing 98057–3356; telephone (425) 227–2125;
§ 9034.7 Allocation of travel expenditures. airworthiness information (MCAI) fax (425) 227–1149.
originated by an aviation authority of SUPPLEMENTARY INFORMATION:
* * * * *
another country to identify and correct
(b) * * * Comments Invited
an unsafe condition on an aviation
(5)(i) If any individual, including a
product. The MCAI describes the unsafe We invite you to send any written
candidate, uses a government aircraft for
condition as: relevant data, views, or arguments about
campaign-related travel, the candidate’s
authorized committee shall pay the It has been found that former revisions of this proposed AD. Send your comments
appropriate government entity an the Maintenance Review Board Report to an address listed under the
(MRBR) of the EMB–120( ) aircraft do not ADDRESSES section. Include ‘‘Docket No.
amount not less than the applicable rate
fully comply with some Critical Design FAA–2007–0075; Directorate Identifier
set forth in 11 CFR 100.93(e). Configuration Control Limitations (CDCCL) 2007–NM–171–AD’’ at the beginning of
* * * * * and Fuel System Limitations (FSL). These
your comments. We specifically invite
(iii) If any individual, including a limitations are necessary to preclude ignition
sources in the fuel system, as required by comments on the overall regulatory,
candidate, uses a government
RBHA–E88/SFAR–88 (Special Federal economic, environmental, and energy
conveyance, other than an aircraft, for
Aviation Regulation No. 88). aspects of this proposed AD. We will
campaign-related travel, the candidate’s
* * * * * * * consider all comments received by the
authorized committee shall pay the
The potential of ignition sources, in closing date and may amend this
appropriate government entity an
combination with flammable fuel proposed AD based on those comments.
amount equal to the amount required
vapors, could result in fuel tank We will post all comments we
under 11 CFR 100.93(d).
explosions and consequent loss of the receive, without change, to http://
* * * * * www.regulations.gov; including any
(v) For travel by aircraft, the airplane. The proposed AD would
require actions that are intended to personal information you provide. We
committee shall maintain will also post a report summarizing each
documentation as required by 11 CFR address the unsafe condition described
in the MCAI. substantive verbal contact we receive
100.93(j)(3) in addition to any other about this proposed AD.
documentation required in this section. DATES: We must receive comments on
For travel by other conveyances, the this proposed AD by November 23, Discussion
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committee shall maintain 2007. The Agência Nacional de Aviação


documentation of the commercial rental ADDRESSES: You may send comments by Civil (ANAC), which is the
rate as required by 11 CFR 100.93(j)(4) any of the following methods: airworthiness authority for Brazil, has
in addition to any other documentation • Federal eRulemaking Portal: Go to issued Brazilian Airworthiness Directive
required in this section. http://www.regulations.gov. Follow the 2007–05–02, effective June 6, 2007
* * * * * instructions for submitting comments. (referred to after this as ‘‘the MCAI’’), to

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59968 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Proposed Rules

correct an unsafe condition for the In evaluating these design reviews, we We might also have proposed
specified products. The MCAI states: have established four criteria intended different actions in this AD from those
It has been found that former revisions of to define the unsafe conditions in the MCAI in order to follow FAA
the Maintenance Review Board Report associated with fuel tank systems that policies. Any such differences are
(MRBR) of the EMB–120( ) aircraft do not require corrective actions. The highlighted in a NOTE within the
fully comply with some Critical Design percentage of operating time during proposed AD.
Configuration Control Limitations (CDCCL) which fuel tanks are exposed to
and Fuel System Limitations (FSL). These Costs of Compliance
flammable conditions is one of these
limitations are necessary to preclude ignition criteria. The other three criteria address Based on the service information, we
sources in the fuel system, as required by the failure types under evaluation: estimate that this proposed AD would
RBHA–E88/SFAR–88 (Special Federal
Aviation Regulation No. 88).
Single failures, single failures in affect about 109 products of U.S.
Since this condition affects flight safety, a combination with a latent condition(s), registry. We also estimate that it would
corrective action is required. Thus, sufficient and in-service failure experience. For all take about 1 work-hour per product to
reason exists to request compliance with this four criteria, the evaluations included comply with the basic requirements of
AD in the indicated time limit. consideration of previous actions taken this proposed AD. The average labor
that may mitigate the need for further rate is $80 per work-hour. Based on
The potential of ignition sources, in action. these figures, we estimate the cost of the
combination with flammable fuel proposed AD on U.S. operators to be
We have determined that the actions
vapors, could result in fuel tank $8,720, or $80 per product.
identified in this AD are necessary to
explosions and consequent loss of the
reduce the potential of ignition sources Authority for This Rulemaking
airplane. The corrective action is
inside fuel tanks, which, in combination
revising the Airworthiness Limitations Title 49 of the United States Code
with flammable fuel vapors, could result
Section of the Instructions for specifies the FAA’s authority to issue
in fuel tank explosions and consequent
Continued Airworthiness to incorporate rules on aviation safety. Subtitle I,
loss of the airplane.
new limitations for fuel tank systems. section 106, describes the authority of
You may obtain further information by Relevant Service Information the FAA Administrator. ‘‘Subtitle VII:
examining the MCAI in the AD docket. Aviation Programs,’’ describes in more
EMBRAER has issued Temporary
The FAA has examined the Revision No. 22–1 of the EMB–120 detail the scope of the Agency’s
underlying safety issues involved in fuel Maintenance Review Board Report authority.
tank explosions on several large (MRBR), dated November 18, 2005; and We are issuing this rulemaking under
transport airplanes, including the Section 6, Part D, Critical Design the authority described in ‘‘Subtitle VII,
adequacy of existing regulations, the Configuration Control Limitation Part A, Subpart III, Section 44701:
service history of airplanes subject to (CDCCL) of the MRBR, dated March 22, General requirements.’’ Under that
those regulations, and existing 2005. The actions described in this section, Congress charges the FAA with
maintenance practices for fuel tank service information are intended to promoting safe flight of civil aircraft in
systems. As a result of those findings, correct the unsafe condition identified air commerce by prescribing regulations
we issued a regulation titled ‘‘Transport in the MCAI. for practices, methods, and procedures
Airplane Fuel Tank System Design the Administrator finds necessary for
Review, Flammability Reduction and FAA’s Determination and Requirements safety in air commerce. This regulation
Maintenance and Inspection of This Proposed AD is within the scope of that authority
Requirements’’ (66 FR 23086, May 7, This product has been approved by because it addresses an unsafe condition
2001). In addition to new airworthiness the aviation authority of another that is likely to exist or develop on
standards for transport airplanes and country, and is approved for operation products identified in this rulemaking
new maintenance requirements, this in the United States. Pursuant to our action.
rule included Special Federal Aviation bilateral agreement with the State of
Regulation No. 88 (‘‘SFAR 88,’’ Regulatory Findings
Design Authority, we have been notified
Amendment 21–78, and subsequent of the unsafe condition described in the We determined that this proposed AD
Amendments 21–82 and 21–83). MCAI and service information would not have federalism implications
Among other actions, SFAR 88 referenced above. We are proposing this under Executive Order 13132. This
requires certain type design (i.e., type AD because we evaluated all pertinent proposed AD would not have a
certificate (TC) and supplemental type information and determined an unsafe substantial direct effect on the States, on
certificate (STC)) holders to substantiate condition exists and is likely to exist or the relationship between the national
that their fuel tank systems can prevent develop on other products of the same Government and the States, or on the
ignition sources in the fuel tanks. This type design. distribution of power and
requirement applies to type design responsibilities among the various
Differences Between This AD and the levels of government.
holders for large turbine-powered
MCAI or Service Information For the reasons discussed above, I
transport airplanes and for subsequent
modifications to those airplanes. It We have reviewed the MCAI and certify this proposed regulation:
requires them to perform design reviews related service information and, in 1. Is not a ‘‘significant regulatory
and to develop design changes and general, agree with their substance. But action’’ under Executive Order 12866;
maintenance procedures if their designs we might have found it necessary to use 2. Is not a ‘‘significant rule’’ under the
do not meet the new fuel tank safety different words from those in the MCAI DOT Regulatory Policies and Procedures
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standards. As explained in the preamble to ensure the AD is clear for U.S. (44 FR 11034, February 26, 1979); and
to the rule, we intended to adopt operators and is enforceable. In making 3. Will not have a significant
airworthiness directives to mandate any these changes, we do not intend to differ economic impact, positive or negative,
changes found necessary to address substantively from the information on a substantial number of small entities
unsafe conditions identified as a result provided in the MCAI and related under the criteria of the Regulatory
of these reviews. service information. Flexibility Act.

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Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Proposed Rules 59969

We prepared a regulatory evaluation and Fuel System Limitations (FSL). These Other FAA AD Provisions
of the estimated costs to comply with limitations are necessary to preclude ignition (g) The following provisions also apply to
this proposed AD and placed it in the sources in the fuel system, as required by this AD:
AD docket. RBHA–E88/SFAR–88 (Special Federal (1) Alternative Methods of Compliance
Aviation Regulation No. 88). (AMOCs): The Manager, International
List of Subjects in 14 CFR Part 39 Since this condition affects flight safety, a Branch, ANM–116, Transport Airplane
corrective action is required. Thus, sufficient Directorate, FAA, has the authority to
Air transportation, Aircraft, Aviation
reason exists to request compliance with this approve AMOCs for this AD, if requested
safety, Safety. AD in the indicated time limit. using the procedures found in 14 CFR 39.19.
The Proposed Amendment The potential of ignition sources, in Send information to ATTN: Dan Rodina,
combination with flammable fuel vapors, Aerospace Engineer, International Branch,
Accordingly, under the authority could result in fuel tank explosions and ANM–116, FAA, Transport Airplane
delegated to me by the Administrator, consequent loss of the airplane. The Directorate, 1601 Lind Avenue, SW., Renton,
the FAA proposes to amend 14 CFR part corrective action is revising the Washington 98057–3356; telephone (425)
39 as follows: Airworthiness Limitations Section of the 227–2125; fax (425) 227–1149. Before using
Instructions for Continued Airworthiness to any approved AMOC on any airplane to
PART 39—AIRWORTHINESS incorporate new limitations for fuel tank which the AMOC applies, notify your
DIRECTIVES systems. appropriate principal inspector (PI) in the
Actions and Compliance FAA Flight Standards District Office (FSDO),
1. The authority citation for part 39 or lacking a PI, your local FSDO.
continues to read as follows: (f) Unless already done, do the following (2) Airworthy Product: For any
Authority: 49 U.S.C. 106(g), 40113, 44701. actions. requirement in this AD to obtain corrective
(1) Within 1 month after the effective date actions from a manufacturer or other source,
§ 39.13 [Amended] of this AD, revise the Airworthiness use these actions if they are FAA-approved.
2. The FAA amends § 39.13 by adding Limitations Section (ALS) of the Instructions Corrective actions are considered FAA-
the following new AD: for Continued Airworthiness to incorporate approved if they are approved by the State
Tasks 15 to 18 of Section 6—‘‘Part E—Fuel of Design Authority (or their delegated
Empresa Brasileira de Aeronautica S.A. Systems Limitations,’’ Temporary Revision agent). You are required to assure the product
(EMBRAER): Docket No. FAA–2007– No. 22–1 of the EMB–120 Maintenance is airworthy before it is returned to service.
0075; Directorate Identifier 2007–NM– Review Board Report (MRBR), dated (3) Reporting Requirements: For any
171–AD. November 18, 2005. For all tasks identified reporting requirement in this AD, under the
Comments Due Date in the MRBR, the initial compliance times provisions of the Paperwork Reduction Act,
start from the later of the times specified in the Office of Management and Budget (OMB)
(a) We must receive comments by paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, has approved the information collection
November 23, 2007. and the repetitive inspections must be requirements and has assigned OMB Control
Affected ADs accomplished thereafter at the interval Number 2120–0056.
(b) None. specified in the MRBR, except as provided by
paragraph (f)(3) of this AD. Related Information
Applicability (i) The effective date of this AD. (h) Refer to MCAI Brazilian Airworthiness
(c) This AD applies to all Embraer Model (ii) The date of issuance of the original Directive 2007–05–02, effective June 6, 2007,
EMB–120, –120ER, –120FC, –120QC, and Brazilian standard airworthiness certificate EMBRAER Temporary Revision No. 22–1 of
–120RT airplanes; certificated in any or the date of issuance of the original the EMB–120 Maintenance Review Board
category. Brazilian export certificate of airworthiness. Report (MRBR), dated November 18, 2005,
(2) Within 1 month after the effective date and Section 6, ‘‘Part D, Critical Design
Note 1: This AD requires revisions to
of this AD, revise the ALS of the Instructions Configuration Control Limitations,’’ of the
certain operator maintenance documents to
for Continued Airworthiness to incorporate EMB–120 MRBR, dated March 22, 2005, for
include new inspections. Compliance with
the CDCCLs to include items 1) and 2) of related information.
these inspections is required by 14 CFR
91.403(c). For airplanes that have been Section 6—‘‘Part D—Critical Design Issued in Renton, Washington, on October
previously modified, altered, or repaired in Configuration Control Limitations,’’ of the 12, 2007.
the areas addressed by these inspections, the EMB–120 MRBR, dated March 22, 2005.
Stephen P. Boyd,
operator may not be able to accomplish the (3) For the functional checks and detailed
visual inspections, Tasks 15 to 18 of Section Assistant Manager, Transport Airplane
inspections described in the revisions. In this
6—‘‘Part E—Fuel Systems Limitations,’’ Directorate, Aircraft Certification Service.
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an Temporary Revision No. 22–1 of the EMB– [FR Doc. E7–20821 Filed 10–22–07; 8:45 am]
alternative method of compliance according 120 Maintenance Review Board Report BILLING CODE 4910–13–P
to paragraph (g) of this AD. The request (MRBR), dated November 18, 2005: The
should include a description of changes to initial compliance time is within 4,000 flight
the required inspections that will ensure the hours or 48 months after the effective date of DEPARTMENT OF TRANSPORTATION
continued operational safety of the airplane. this AD, whichever occurs first. Thereafter
The FAA has provided guidance for this those tasks must be accomplished at the Federal Aviation Administration
determination in Advisory Circular (AC) 25– repetitive interval specified in ‘‘Part E—Fuel
1529–1. Systems Limitations,’’ Temporary Revision 14 CFR Part 39
No. 22–1 of the EMB–120 Maintenance
Subject Review Board Report (MRBR), dated
(d) Air Transport Association (ATA) of November 18, 2005. [Docket No. FAA–2007–0074; Directorate
America Code 28: Fuel. (4) Except as provided by paragraph (g) of Identifier 2007–NM–151–AD]
this AD: After accomplishing the actions
Reason specified in paragraphs (f)(1) and (f)(2) of this RIN 2120–AA64
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(e) The mandatory continuing AD, no alternative inspection, inspection


airworthiness information (MCAI) states: intervals, or CDCCLs may be used. Airworthiness Directives; McDonnell
It has been found that former revisions of FAA AD Differences Douglas Model MD–90–30 Airplanes
the Maintenance Review Board Report
(MRBR) of the EMB–120( ) aircraft do not Note 2: This AD differs from the MCAI AGENCY: Federal Aviation
fully comply with some Critical Design and/or service information as follows: No Administration (FAA), Department of
Configuration Control Limitations (CDCCL) differences. Transportation (DOT).

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