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58774 Federal Register / Vol. 72, No.

200 / Wednesday, October 17, 2007 / Proposed Rules

Section 106, describes the authority of § 39.13 [Amended] Issued in Renton, Washington, on October
the FAA Administrator. Subtitle VII, 9, 2007.
2. The Federal Aviation
Aviation Programs, describes in more Ali Bahrami,
Administration (FAA) amends § 39.13
detail the scope of the Agency’s by adding the following new Manager, Transport Airplane Directorate,
authority. Aircraft Certification Service.
airworthiness directive (AD):
We are issuing this rulemaking under [FR Doc. E7–20469 Filed 10–16–07; 8:45 am]
the authority described in Subtitle VII, Boeing: Docket No. FAA–2007–0049; BILLING CODE 4910–13–P
Directorate Identifier 2007–NM–168–AD.
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that Comments Due Date
section, Congress charges the FAA with DEPARTMENT OF TRANSPORTATION
(a) The FAA must receive comments on
promoting safe flight of civil aircraft in this AD action by December 3, 2007.
air commerce by prescribing regulations Federal Aviation Administration
for practices, methods, and procedures Affected ADs
the Administrator finds necessary for 14 CFR Part 39
(b) None.
safety in air commerce. This regulation
Applicability [Docket No. FAA–2007–0044; Directorate
is within the scope of that authority
because it addresses an unsafe condition (c) This AD applies to Boeing Model 737– Identifier 2007–NM–126–AD]
that is likely to exist or develop on 600, –700, –700C, –800, and –900 series
products identified in this rulemaking airplanes, certificated in any category; as RIN 2120–AA64
action. identified in Boeing Special Attention
Service Bulletin 737–54–1043, dated May 2, Airworthiness Directives; BAE
Regulatory Findings 2007. Systems (Operations) Limited Model
We have determined that this Unsafe Condition BAe 146 and Avro 146–RJ Airplanes
proposed AD would not have federalism (d) This AD results from reports of failure AGENCY: Federal Aviation
implications under Executive Order of the drain tube assembly and support Administration (FAA), DOT.
13132. This proposed AD would not clamp on the aft fairing of an engine strut. ACTION: Notice of proposed rulemaking
have a substantial direct effect on the We are issuing this AD to prevent failure of
States, on the relationship between the (NPRM).
the drain tube assemblies and clamps on the
national Government and the States, or aft fairings of the struts of the number 1 and SUMMARY: We propose to adopt a new
on the distribution of power and number 2 engines. Such a failure could allow airworthiness directive (AD) for the
responsibilities among the various leaked flammable fluids in the drain systems products listed above. This proposed
levels of government. to discharge on to the heat shields of the aft
AD results from mandatory continuing
For the reasons discussed above, I fairings of the engine struts, which could
airworthiness information (MCAI)
certify that the proposed regulation: result in an undetected and uncontrollable
originated by an aviation authority of
fire.
1. Is not a ‘‘significant regulatory another country to identify and correct
action’’ under Executive Order 12866; Compliance an unsafe condition on an aviation
2. Is not a ‘‘significant rule’’ under the (e) You are responsible for having the product. The MCAI describes the unsafe
DOT Regulatory Policies and Procedures actions required by this AD performed within condition as:
(44 FR 11034, February 26, 1979); and the compliance times specified, unless the An accumulator cylinder had material
3. Will not have a significant actions have already been done. defects and suffered an in-flight burst failure
economic impact, positive or negative, causing damage to the aircraft structure.
Replacement
on a substantial number of small entities * * *
(f) Within 60 months after the effective
under the criteria of the Regulatory date of this AD, remove the drain tube The proposed AD would require
Flexibility Act. assemblies and support clamps on the aft actions that are intended to address the
We prepared a regulatory evaluation fairing of the struts of engine number 1 and unsafe condition described in the MCAI.
of the estimated costs to comply with engine number 2. These are to be replaced DATES: We must receive comments on
this proposed AD and placed it in the with new drain tube assemblies and clamps, this proposed AD by November 16,
AD docket. See the ADDRESSES section in accordance with the Accomplishment 2007.
for a location to examine the regulatory Instructions of Boeing Special Attention
evaluation. Service Bulletin 737–54–1043, dated May 2, ADDRESSES: You may send comments by
2007. any of the following methods:
List of Subjects in 14 CFR Part 39 • Federal eRulemaking Portal: Go to
Alternative Methods of Compliance
Air transportation, Aircraft, Aviation http://www.regulations.gov. Follow the
(AMOCs)
safety, Safety. instructions for submitting comments.
(g)(1) The Manager, Seattle Aircraft • Fax: (202) 493–2251.
The Proposed Amendment Certification Office, FAA, has the authority to
• Mail: U.S. Department of
approve AMOCs for this AD, if requested in
Accordingly, under the authority Transportation, Docket Operations, M–
accordance with the procedures found in 14
delegated to me by the Administrator, CFR 39.19.
30, West Building Ground Floor, Room
the FAA proposes to amend 14 CFR part (2) To request a different method of W12–140, 1200 New Jersey Avenue, SE.,
39 as follows: Washington, DC 20590.
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compliance or a different compliance time


for this AD, follow the procedures in 14 CFR • Hand Delivery: U.S. Department of
PART 39—AIRWORTHINESS 39.19. Before using any approved AMOC on Transportation, Docket Operations, M–
DIRECTIVES any airplane to which the AMOC applies, 30, West Building Ground Floor, Room
notify your appropriate principal inspector W12–40, 1200 New Jersey Avenue, SE.,
1. The authority citation for part 39 (PI) in the FAA Flight Standards District Washington, DC, between 9 a.m. and 5
continues to read as follows: Office (FSDO), or lacking a PI, your local p.m., Monday through Friday, except
Authority: 49 U.S.C. 106(g), 40113, 44701. FSDO. Federal holidays.

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Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Proposed Rules 58775

Examining the AD Docket manufacture. To prevent the risk of further Authority for This Rulemaking
failures, this Airworthiness Directive (AD)
You may examine the AD docket on requires all accumulators with cylinders from Title 49 of the United States Code
the Internet at http:// this supplier to be identified and inspected specifies the FAA’s authority to issue
www.regulations.gov; or in person at the prior to re-installation. rules on aviation safety. Subtitle I,
Docket Operations office between 9 a.m. section 106, describes the authority of
The corrective action includes
and 5 p.m., Monday through Friday, the FAA Administrator. ‘‘Subtitle VII:
replacing any accumulator found to
except Federal holidays. The AD docket Aviation Programs,’’ describes in more
have a defect. You may obtain further
contains this proposed AD, the detail the scope of the Agency’s
information by examining the MCAI in
regulatory evaluation, any comments authority.
the AD docket. We are issuing this rulemaking under
received, and other information. The
street address for the Docket Operations Relevant Service Information the authority described in ‘‘Subtitle VII,
office (telephone (800) 647–5527) is in BAE Systems (Operations) Limited Part A, Subpart III, Section 44701:
the ADDRESSES section. Comments will has issued Inspection Service Bulletin General requirements.’’ Under that
be available in the AD docket shortly ISB.29–047, dated October 3, 2006. The section, Congress charges the FAA with
after receipt. actions described in this service promoting safe flight of civil aircraft in
FOR FURTHER INFORMATION CONTACT: information are intended to correct the air commerce by prescribing regulations
Todd Thompson, Aerospace Engineer, unsafe condition identified in the for practices, methods, and procedures
International Branch, ANM–116, FAA, MCAI. the Administrator finds necessary for
Transport Airplane Directorate, 1601 safety in air commerce. This regulation
Lind Avenue, SW., Renton, Washington FAA’s Determination and Requirements is within the scope of that authority
98057–3356; telephone (425) 227–1175; of This Proposed AD because it addresses an unsafe condition
fax (425) 227–1149. This product has been approved by that is likely to exist or develop on
SUPPLEMENTARY INFORMATION: the aviation authority of another products identified in this rulemaking
country, and is approved for operation action.
Comments Invited
in the United States. Pursuant to our Regulatory Findings
We invite you to send any written bilateral agreement with the State of
relevant data, views, or arguments about Design Authority, we have been notified We determined that this proposed AD
this proposed AD. Send your comments of the unsafe condition described in the would not have federalism implications
to an address listed under the MCAI and service information under Executive Order 13132. This
ADDRESSES section. Include ‘‘Docket No. referenced above. We are proposing this proposed AD would not have a
FAA–2007–0044; Directorate Identifier AD because we evaluated all pertinent substantial direct effect on the States, on
2007–NM–126–AD’’ at the beginning of information and determined an unsafe the relationship between the national
your comments. We specifically invite condition exists and is likely to exist or Government and the States, or on the
comments on the overall regulatory, develop on other products of the same distribution of power and
economic, environmental, and energy type design. responsibilities among the various
aspects of this proposed AD. We will levels of government.
consider all comments received by the Differences Between This AD and the For the reasons discussed above, I
closing date and may amend this MCAI or Service Information certify this proposed regulation:
proposed AD based on those comments. We have reviewed the MCAI and 1. Is not a ‘‘significant regulatory
We will post all comments we related service information and, in action’’ under Executive Order 12866;
receive, without change, to http:// 2. Is not a ‘‘significant rule’’ under the
general, agree with their substance. But
www.regulations.gov, including any DOT Regulatory Policies and Procedures
we might have found it necessary to use
personal information you provide. We (44 FR 11034, February 26, 1979); and
different words from those in the MCAI
will also post a report summarizing each 3. Will not have a significant
to ensure the AD is clear for U.S.
substantive verbal contact we receive economic impact, positive or negative,
operators and is enforceable. In making
about this proposed AD. on a substantial number of small entities
these changes, we do not intend to differ
under the criteria of the Regulatory
Discussion substantively from the information
Flexibility Act.
provided in the MCAI and related We prepared a regulatory evaluation
The European Aviation Safety Agency service information.
(EASA), which is the Technical Agent of the estimated costs to comply with
We might also have proposed
for the Member States of the European this proposed AD and placed it in the
different actions in this AD from those
community, has issued EASA AD docket.
in the MCAI in order to follow FAA
Airworthiness Directive 2007–0076, policies. Any such differences are List of Subjects in 14 CFR Part 39
dated March 21, 2007 (referred to after highlighted in a Note within the
this as ‘‘the MCAI’’), to correct an unsafe Air transportation, Aircraft, Aviation
proposed AD. safety, Safety.
condition for the specified products.
The MCAI states: Costs of Compliance The Proposed Amendment
An accumulator cylinder had material Based on the service information, we Accordingly, under the authority
defects and suffered an in-flight burst failure estimate that this proposed AD would delegated to me by the Administrator,
causing damage to the aircraft structure. This affect about 1 product of U.S. registry. the FAA proposes to amend 14 CFR part
resulted in the issue of EASA Emergency AD We also estimate that it would take
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2006–0061–E [we issued AD 2006–23–12 to


39 as follows:
about 4 work-hours per product to
address that EASA AD] that required the comply with the basic requirements of
identification and check of cylinders from PART 39—AIRWORTHINESS
known suspect batches. Further
this proposed AD. The average labor DIRECTIVES
investigations and checks by the accumulator rate is $80 per work-hour. Based on
these figures, we estimate the cost of the 1. The authority citation for part 39
manufacturer have concluded that all
cylinders from a particular supplier may not proposed AD on U.S. operators to be continues to read as follows:
have been correctly inspected at $320, or $320 per product. Authority: 49 U.S.C. 106(g), 40113, 44701.

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58776 Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Proposed Rules

§ 39.13 [Amended] Actions and Compliance date of this AD to coincide with the
(f) Unless already done, do the following compliance time for the magnetic particle
2. The FAA amends § 39.13 by adding inspection. In making this determination, we
actions.
the following new AD: considered the maximum interval of time
(1) Within 30 months after the effective
BAE Systems (Operations) Limited date of this AD, identify the installed allowable for all affected airplanes to
(Formerly British Aerospace Regional accumulator in accordance with paragraph continue to operate without compromising
Aircraft): Docket No. FAA–2007–0044; 2.C. of BAE Systems (Operations) Limited safety, fleet usage, and the availability of
Directorate Identifier 2007–NM–126–AD. Inspection Service Bulletin ISB.29–047, replacement parts.
dated October 3, 2006, which makes
Comments Due Date reference to APPH Service Bulletin Other FAA AD Provisions
(a) We must receive comments by AIR91666–29–03, dated July 2006. (g) The following provisions also apply to
November 16, 2007. (2) When an accumulator is identified as this AD:
being affected by this AD, before further (1) Alternative Methods of Compliance
Affected ADs flight after accomplishing the actions (AMOCs): The Manager, ANM–116,
(b) None. required in paragraph (f)(1) of this AD, International Branch, Transport Airplane
remove the accumulator in accordance with Directorate, FAA, has the authority to
Applicability
paragraph 2.D. of BAE Systems (Operations) approve AMOCs for this AD, if requested
(c) This AD applies to BAE Systems Limited Inspection Service Bulletin ISB.29– using the procedures found in 14 CFR 39.19.
(Operations) Limited Model BAe 146–100A, 047, dated October 3, 2006, and do a Send information to ATTN: Todd Thompson,
–200A, and –300A series airplanes; and magnetic particle inspection of the cylinder Aerospace Engineer, International Branch,
Model Avro 146–RJ70A, 146–RJ85A, and for any defects in accordance with APPH ANM–116, FAA, Transport Airplane
146–RJ100A airplanes; certificated in any Service Bulletin AIR91666–29–03, dated July Directorate, 1601 Lind Avenue SW., Renton,
category, all models, all serial numbers. 2006. Washington 98057–3356; telephone (425)
(3) If any defect is found during the 227–1175; fax (425) 227–1149. Before using
Subject
inspection required in paragraph (f)(2) of this any approved AMOC on any airplane to
(d) Air Transport Association (ATA) of AD, before next flight, replace the which the AMOC applies, notify your
America Code 29: Hydraulic power. accumulator with a serviceable unit in appropriate principal inspector (PI) in the
Reason accordance with the Accomplishment FAA Flight Standards District Office (FSDO),
Instructions of APPH Service Bulletin or lacking a PI, your local FSDO.
(e) The mandatory continuing AIR91666–29–03, dated July 2006. (2) Airworthy Product: For any requirement
airworthiness information (MCAI) states: (4) After the effective date of this AD, no in this AD to obtain corrective actions from
An accumulator cylinder had material person may install a spare accumulator a manufacturer or other source, use these
defects and suffered an in-flight burst failure identified by APPH Service Bulletin actions if they are FAA-approved. Corrective
causing damage to the aircraft structure. This AIR91666–29–03, dated July 2006, as a actions are considered FAA-approved if they
resulted in the issue of EASA Emergency AD replacement part, unless it has been are approved by the State of Design Authority
2006–0061–E [we issued AD 2006–23–12 to inspected in accordance with APPH Service (or their delegated agent). You are required
address that EASA AD] that required the Bulletin AIR91666–29–02, dated March 2006; to assure the product is airworthy before it
identification and check of cylinders from or APPH Service Bulletin AIR91666–29–03, is returned to service.
known suspect batches. Further dated July 2006 (see second Note in (3) Reporting Requirements: For any
investigations and checks by the accumulator paragraph 1.D.(1) of BAE Systems reporting requirement in this AD, under the
manufacturer have concluded that all (Operations) Limited Inspection Service provisions of the Paperwork Reduction Act,
cylinders from a particular supplier may not Bulletin ISB.29–047, dated October 3, 2006, the Office of Management and Budget (OMB)
have been correctly inspected at for further explanation). has approved the information collection
manufacture. To prevent the risk of further requirements and has assigned OMB Control
failures, this Airworthiness Directive (AD) FAA AD Differences
Number 2120–0056.
requires all accumulators with cylinders from Note: This AD differs from the MCAI and/
this supplier to be identified and inspected or service information as follows: Related Information
prior to re-installation. (1) Where the MCAI specifies to identify (h) Refer to MCAI European Aviation
the installed accumulator within 6 weeks Safety Agency Airworthiness Directive 2007–
The corrective action includes after the effective date of the AD, we have 0076, dated March 21, 2007, and the service
replacing any accumulator found to determined that the identification may be information listed in Table 1 of this AD for
have a defect. done within 30 months after the effective related information.

TABLE 1.—SERVICE INFORMATION


Service Bulletin Date

APPH Service Bulletin AIR91666–29–02 ...................................................................................................................... March 2006.


APPH Service Bulletin AIR91666–29–03 ...................................................................................................................... July 2006.
BAE Systems (Operations) Limited Inspection Service Bulletin ISB.29–047 ............................................................... October 3, 2006.
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Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Proposed Rules 58777

Issued in Renton, Washington, on October • Federal eRulemaking Portal: Go to Discussion


9, 2007. http://www.regulations.gov. Follow the On July 13, 1994, we issued AD 94–
Ali Bahrami, instructions for submitting comments. 15–06, amendment 39–8977 (59 FR
Manager, Transport Airplane Directorate, • Fax: 202–493–2251. 37659, July 25, 1994), for certain Boeing
Aircraft Certification Service. • Mail: U.S. Department of Model 747 series airplanes. That AD
[FR Doc. E7–20462 Filed 10–16–07; 8:45 am] Transportation, Docket Operations, M– requires inspections to detect cracking
BILLING CODE 4910–13–P 30, West Building Ground Floor, Room in certain lower lobe fuselage skin lap
W12–140, 1200 New Jersey Avenue, SE., joints; doing repetitive inspections for
Washington, DC 20590. cracking at certain fastener locations
DEPARTMENT OF TRANSPORTATION • Hand Delivery: U.S. Department of having countersunk fasteners; and
Transportation, Docket Operations, M– replacing countersunk fasteners with
Federal Aviation Administration 30, West Building Ground Floor, Room protruding head fasteners at certain
W12–140, 1200 New Jersey Avenue, SE., fastener locations. That AD resulted
14 CFR Part 39 Washington, DC 20590, between 9 a.m. from reports of cracking of the fuselage
[Docket No. FAA–2007–0043; Directorate and 5 p.m., Monday through Friday, skin in certain areas and findings of
Identifier 2007–NM–058–AD] except Federal holidays. additional countersunk fasteners. We
RIN 2120–AA64 For service information identified in issued that AD to prevent reduced
this AD, contact Boeing Commercial structural integrity of the fuselage.
Airworthiness Directives; Boeing Airplanes, P.O. Box 3707, Seattle,
Model 747–100, 747–100B, 747–100B Washington 98124–2207. Actions Since Existing AD Was Issued
SUD, 747–200B, 747–200C, 747–200F, Examining the AD Docket In 1985, Boeing started installing
747–300, 747–400, 747SR, and 747SP aluminum rivets coated with alodine in
Series Airplanes You may examine the AD docket on fuselage skins during production and
the Internet at http:// supplied them to operators in
AGENCY: Federal Aviation www.regulations.gov; or in person at the
Administration (FAA), Department of modification kits. Alodine coating on
Docket Management Facility between 9 aluminum rivets increases the rivet/skin
Transportation (DOT). a.m. and 5 p.m., Monday through electrical conductivity. Certain non-
ACTION: Notice of proposed rulemaking Friday, except Federal holidays. The AD destructive inspection (NDI) methods
(NPRM). docket contains this proposed AD, the rely on disruptions in the
SUMMARY: The FAA proposes to
regulatory evaluation, any comments electromagnetic field around cracks in
supersede an existing airworthiness received, and other information. The metallic structures to detect cracking.
directive (AD) that applies to certain street address for the Docket Office One such NDI method is the sliding
Boeing Model 747 series airplanes. The (telephone 800–647–5527) is in the probe high frequency eddy current
ADDRESSES section. Comments will be (HFEC) inspection, which was an
existing AD currently requires
inspecting to detect cracking in certain available in the AD docket shortly after optional inspection method specified by
lower lobe fuselage skin lap joints, receipt. AD 94–15–06. The effects of these
doing repetitive inspections for cracking FOR FURTHER INFORMATION CONTACT: Ivan increases in rivet/skin electricity
at certain fastener locations having Li, Aerospace Engineer, Airframe conductivity could be strong enough to
countersunk fasteners, and replacing Branch, ANM–120S, FAA, Seattle mask a crack indication during the
countersunk fasteners with protruding Aircraft Certification Office, 1601 Lind required inspections using the optional
head fasteners at certain fastener Avenue, SW., Renton, Washington sliding probe HFEC inspection method
locations. This proposed AD would 98057–3356; telephone (425) 917–6437; specified in AD 94–15–06.
replace a previous high-frequency eddy fax (425) 917–6590. Boeing has informed us that airplanes
current (HFEC) inspection method with SUPPLEMENTARY INFORMATION: with line numbers 630 through 814
a new HFEC inspection method, add a inclusive could have alodine-coated
one-time inspection for cracking of Comments Invited aluminum rivets installed in the
certain airplanes, and terminate the We invite you to send any written fastener holes that were required to be
adjustment factor for the inspection relevant data, views, or arguments about inspected in accordance with AD 94–
compliance times based on cabin this proposed AD. Send your comments 15–06. The presence of these rivets
differential pressure. This proposed AD to an address listed under the could cause faulty results when
also would include inspection at an ADDRESSES section. Include ‘‘Docket No. performing the required inspections
additional lap joint. This proposed AD FAA–2007–0043; Directorate Identifier using the optional sliding probe HFEC
results from reports of fuselage skin 2007–NM–058–AD’’ at the beginning of skin inspection method. Consequently,
cracks found at certain countersunk your comments. We specifically invite Boeing has issued Boeing Alert Service
fastener locations in the upper row of comments on the overall regulatory, Bulletin 747–53A2312, Revision 3,
lap joints near the wing-to-body fairings, economic, environmental, and energy dated February 8, 2007. (In AD 94–15–
and from a report that the presence of aspects of this proposed AD. We will 06, we referred to Boeing Service
alodine-coated rivets could cause faulty consider all comments received by the Bulletin 747–53A2312, Revision 2,
results during the required inspections closing date and may amend this dated October 8, 1992, as the
using the optional sliding probe HFEC proposed AD because of those appropriate source of service
inspection method specified in the comments. information for doing the required
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existing AD. We are proposing this AD We will post all comments we actions.) Revision 3 of the alert service
to prevent reduced structural integrity receive, without change, to http:// bulletin updates the sliding probe HFEC
of the fuselage. www.regulations.gov, including any skin inspection method, and includes a
DATES: We must receive comments on personal information you provide. We one-time special HFEC or detailed
this proposed AD by December 3, 2007. will also post a report summarizing each inspection of the affected fastener holes
ADDRESSES: You may send comments by substantive verbal contact we receive for airplanes on which the modification
any of the following methods: about this proposed AD. required by AD 94–15–06 has not been

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