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Proposed Rules Federal Register

Vol. 72, No. 41

Friday, March 2, 2007

This section of the FEDERAL REGISTER DC, between 9 a.m. and 5 p.m., Monday your comments. We specifically invite
contains notices to the public of the proposed through Friday, except Federal holidays. comments on the overall regulatory,
issuance of rules and regulations. The • Federal eRulemaking Portal: http:// economic, environmental, and energy
purpose of these notices is to give interested Follow the aspects of this proposed AD. We will
persons an opportunity to participate in the instructions for submitting comments. consider all comments received by the
rule making prior to the adoption of the final
closing date and may amend this
rules. Examining the AD Docket
proposed AD because of those
You may examine the AD docket on comments.
DEPARTMENT OF TRANSPORTATION the Internet at; or in We will post all comments we
person at the Docket Management receive, without change, to http://
Federal Aviation Administration Facility between 9 a.m. and 5 p.m.,, including any personal
Monday through Friday, except Federal information you provide. We will also
14 CFR Part 39 holidays. The AD docket contains this post a report summarizing each
proposed AD, the regulatory evaluation, substantive verbal contact we receive
[Docket No. FAA–2007–27358; Directorate
any comments received, and other about this proposed AD.
Identifier 2006–NM–270–AD]
information. The street address for the
RIN 2120–AA64 Docket Office (telephone (800) 647– Discussion
5227) is in the ADDRESSES section. The European Aviation Safety Agency
Airworthiness Directives; Aerospatiale Comments will be available in the AD (EASA), which is the Technical Agent
Model ATR42 and ATR72 Airplanes docket shortly after receipt. for the Member States of the European
AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Tom Community, has issued EASA
Administration (FAA), Department of Rodriguez, Aerospace Engineer, Airworthiness Directive 2006–0283,
Transportation (DOT). International Branch, ANM–116, FAA, dated September 14, 2006 (referred to
ACTION: Notice of proposed rulemaking Transport Airplane Directorate, 1601 after this as ‘‘the MCAI’’), to correct an
(NPRM). Lind Avenue, SW., Renton, Washington unsafe condition for the specified
98057–3356; telephone (425) 227–1137; products. The MCAI states that recently
SUMMARY: We propose to adopt a new fax (425) 227–1149. an ATR 42 suffered electrical arcing,
airworthiness directive (AD) for the SUPPLEMENTARY INFORMATION: causing the loss of some instruments
products listed above. This proposed and loss of one hydraulic circuit
AD results from mandatory continuing Streamlined Issuance of AD pressure (i.e., loss of pressure of one
airworthiness information (MCAI) The FAA is implementing a new hydraulic circuit) due to chafing
issued by an aviation authority of process for streamlining the issuance of between a bonding cable and electrical
another country to identify and correct ADs related to MCAI. This streamlined wires in the 120 VU (volt unit) electrical
an unsafe condition on an aviation process will allow us to adopt MCAI harness. The investigations showed that:
product. The MCAI describes the unsafe safety requirements in a more efficient • A tubular support had been
condition as electrical arcing due to manner and will reduce safety risks to deformed and therefore impaired the
chafing between a bonding cable and the public. This process continues to spacing among electrical harness,
electrical wires in the 120 VU (volt unit) follow all FAA AD issuance processes to supports, and cables;
electrical harness, causing the loss of meet legal, economic, Administrative • Harness was not correctly attached;
some instruments and loss of one Procedure Act, and Federal Register • The size of the harness was
hydraulic circuit pressure (i.e., loss of requirements. We also continue to meet increased by addition of cables (for
pressure of one hydraulic circuit). The our technical decision-making Service Bulletins (SB) or customer
proposed AD would require actions that responsibilities to identify and correct modifications embodiments);
are intended to address the unsafe unsafe conditions on U.S.-certificated • The bonding cable was not correctly
condition described in the MCAI. products. installed.
DATES: We must receive comments on This proposed AD references the The EASA Airworthiness Directive
this proposed AD by April 2, 2007. MCAI and related service information mandates an inspection of the ATR 42
ADDRESSES: You may send comments by that we considered in forming the and ATR 72 fleet for correct installation
any of the following methods: engineering basis to correct the unsafe of the bonding cable and restoring
• DOT Docket Web Site: Go to condition. The proposed AD contains correct installation of the bonding cable and follow the text copied from the MCAI and for this if necessary. You may obtain further
instructions for sending your comments reason might not follow our plain information by examining the MCAI in
electronically. language principles. the AD docket.
• Fax: (202) 493–2251.
Comments Invited Relevant Service Information
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400 We invite you to send any written Avions de Transport Regional has
relevant data, views, or arguments about issued Service Bulletins ATR42–92–
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Seventh Street, SW., Nassif Building,

Room PL–401, Washington, DC 20590– this proposed AD. Send your comments 0012 and ATR72–92–1013, both dated
0001. to an address listed under the July 4, 2006. The actions described in
• Hand Delivery: Room PL–401 on ADDRESSES section. Include ‘‘Docket No. this service information are intended to
the plaza level of the Nassif Building, FAA–2007–27358; Directorate Identifier correct the unsafe condition identified
400 Seventh Street, SW., Washington, 2006–NM–270–AD’’ at the beginning of in the MCAI.

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9476 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Proposed Rules

FAA’s Determination and Requirements air commerce by prescribing regulations numbers up to manufacturer serial number
of This Proposed AD for practices, methods, and procedures (MSN) 643 inclusive; and Model ATR72–101,
the Administrator finds necessary for –102, –201, –202, –211, –212, and –212A
This product has been approved by airplanes, all serial numbers up to MSN 728
the aviation authority of another safety in air commerce. This regulation inclusive, except MSN 723 and 725;
country, and is approved for operation is within the scope of that authority certificated in any category.
in the United States. Pursuant to our because it addresses an unsafe condition
that is likely to exist or develop on Reason
bilateral agreement with the State of
products identified in this rulemaking (d) The mandatory continuing
Design Authority, they have notified us
action. airworthiness information (MCAI) states that
of the unsafe condition described in the recently an ATR 42 suffered electrical arcing,
MCAI and service information Regulatory Findings causing the loss of some instruments and loss
referenced above. We are proposing this of one hydraulic circuit pressure (i.e., loss of
AD because we evaluated all We determined that this proposed AD pressure of one hydraulic circuit) due to
information provided by the State of would not have federalism implications chafing between a bonding cable and
Design Authority and determined the under Executive Order 13132. This electrical wires in the 120 VU (volt unit)
unsafe condition exists and is likely to proposed AD would not have a electrical harness. The investigation showed
exist or develop on other products of the substantial direct effect on the States, on that a tubular support had been deformed
the relationship between the national and therefore impaired the spacing among
same type design. electrical harness, supports, and cables; the
Government and the States, or on the
Differences Between This AD and the distribution of power and harness was not correctly attached; the size
MCAI or Service Information of the harness was increased by addition of
responsibilities among the various cables (for Service Bulletins (SB) or customer
We have reviewed the MCAI and levels of government. modifications embodiments); and the
related service information and, in For the reasons discussed above, I bonding cable was not correctly installed.
general, agree with their substance. But certify this proposed regulation: The MCAI mandates an inspection of the
we might have found it necessary to use 1. Is not a ‘‘significant regulatory ATR 42 and ATR 72 fleet for correct
different words from those in the MCAI action’’ under Executive Order 12866; installation of the bonding cable and
2. Is not a ‘‘significant rule’’ under the restoring correct installation of the bonding
to ensure the AD is clear for U.S. cable if necessary.
operators and is enforceable. In making DOT Regulatory Policies and Procedures
these changes, we do not intend to differ (44 FR 11034, February 26, 1979); and Actions and Compliance
substantively from the information 3. Will not have a significant (e) Unless already done, do the following
provided in the MCAI and related economic impact, positive or negative, actions. Within 3 months after the effective
service information. on a substantial number of small entities date of this AD: Inspect the harness
We might also have proposed under the criteria of the Regulatory installation in the 120 VU electrical harness
different actions in this AD from those Flexibility Act. and, as applicable, restore correct installation
We prepared a regulatory evaluation of the bonding cable, in accordance with the
in the MCAI in order to follow FAA instructions given by Avions de Transport
policies. Any such differences are of the estimated costs to comply with
this proposed AD and placed it in the Regional ATR42–92–0012 (for Model ATR42
described in a separate paragraph of the airplanes) and ATR72–92–1013 (for Model
proposed AD. These requirements, if AD docket. ATR72 airplanes), both dated July 4, 2006; as
ultimately adopted, will take List of Subjects in 14 CFR Part 39 applicable.
precedence over the actions copied from FAA AD Differences
Air transportation, Aircraft, Aviation
the MCAI.
safety, Safety. Note: This AD differs from the MCAI and/
Costs of Compliance or service information as follows: No
The Proposed Amendment
Based on the service information, we differences.
estimate that this proposed AD would Accordingly, under the authority
delegated to me by the Administrator, Other FAA AD Provisions
affect about 53 products of U.S. registry.
We also estimate that it would take the FAA proposes to amend 14 CFR part (f) The following provisions also apply to
39 as follows: this AD:
about 1 work hour per product to (1) Alternative Methods of Compliance
comply with this proposed AD. The PART 39—AIRWORTHINESS (AMOCs): The Manager, International
average labor rate is $80 per work-hour. DIRECTIVES Branch, ANM–116, Transport Airplane
Based on these figures, we estimate the Directorate, FAA, ATTN: Tom Rodriguez,
cost of the proposed inspection on U.S. 1. The authority citation for part 39 Aerospace Engineer, 1601 Lind Avenue, SW.,
operators to be $4,240, or $80 per continues to read as follows: Renton, Washington 98057–3356, has the
product. authority to approve AMOCs for this AD, if
Authority: 49 U.S.C. 106(g), 40113, 44701. requested using the procedures found in 14
Authority for This Rulemaking § 39.13 [Amended] CFR 39.19. Before using any AMOC approved
in accordance with § 39.19 on any airplane
Title 49 of the United States Code 2. The FAA amends § 39.13 by adding to which the AMOC applies, notify the
specifies the FAA’s authority to issue the following new AD: appropriate principal inspector in the FAA
rules on aviation safety. Subtitle I, Aerospatiale: Docket No. FAA–2007–27358; Flight Standards Certificate Holding District
section 106, describes the authority of Directorate Identifier 2006–NM–270–AD. Office.
the FAA Administrator. ‘‘Subtitle VII: (2) Airworthy Product: For any
Aviation Programs,’’ describes in more Comments Due Date requirement in this AD to obtain corrective
detail the scope of the Agency’s (a) We must receive comments by April 2, actions from a manufacturer or other source,
authority. 2007. use these actions if they are FAA-approved.
We are issuing this rulemaking under Corrective actions are considered FAA-
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Affected ADs approved if they are approved by the State

the authority described in ‘‘Subtitle VII, of Design Authority (or their delegated
(b) None.
Part A, Subpart III, Section 44701: agent). You are required to assure the product
General requirements.’’ Under that Applicability is airworthy before it is returned to service.
section, Congress charges the FAA with (c) This AD applies to Model ATR42–200, (3) Reporting Requirements: For any
promoting safe flight of civil aircraft in –300, –320, and –500 airplanes; all serial reporting requirement in this AD, under the

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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Proposed Rules 9477

provisions of the Paperwork Reduction Act, the public, as well as documents instead of the fourth Friday and
the Office of Management and Budget (OMB) indicated in this preamble as being following Saturday in April. The
has approved the information collection available in the docket, will become part Virginia Boat Racing Association who is
requirements and has assigned OMB Control of this docket and will be available for the sponsor for this event still intends
Number 2120–0056.
inspection or copying at the above to hold this event annually, however,
Related Information address between 9 a.m. and 2 p.m., this year they have requested a change
(g) Refer to MCAI EASA Airworthiness Monday through Friday, except Federal in the date of the event for 2007. The
Directive 2006–0283, dated September 14, holidays. change was requested to accommodate
2006; and Avions de Transport Regional FOR FURTHER INFORMATION CONTACT: participation by all hydroplane
Service Bulletins ATR42–92–0012 and Dennis M. Sens, Project Manager, participants. To provide for the safety of
ATR72–92–1013, both dated July 4, 2006, for Inspections and Investigations Branch, participants, spectators, support and
related information. transiting vessels, the Coast Guard
at (757) 398–6204.
Issued in Renton, Washington, on February SUPPLEMENTARY INFORMATION: proposes to temporarily restrict vessel
21, 2007. traffic in the event area during the
Ali Bahrami, Request for Comments hydroplane races.
Manager, Transport Airplane Directorate, We encourage you to participate in Discussion of Proposed Rule
Aircraft Certification Service. this rulemaking by submitting
[FR Doc. E7–3657 Filed 3–1–07; 8:45 am] comments and related material. If you The Coast Guard proposes to
do so, please include your name and temporarily suspend the regulations at
address, identify the docket number for 33 CFR 100.525 by temporarily revising
this rulemaking (CGD05–07–013), the date of enforcement in paragraph (c)
indicate the specific section of this to reflect the event will be conducted in
DEPARTMENT OF HOMELAND 2007 on the third Saturday and Sunday
SECURITY document to which each comment
applies, and give the reason for each in April, April 21 and 22, 2007. This
Coast Guard comment. Please submit all comments proposed change is needed to
and related material in an unbound accommodate the sponsors hydroplane
33 CFR Part 100 format, no larger than 81⁄2 by 11 inches, race schedule relative to the rotation of
suitable for copying. If you would like weekend dates in the annual calendar.
[CGD05–07–013] to know they reached us, please enclose The special local regulations will be
RIN 1625–AA08 a stamped, self-addressed postcard or enforced from 8 a.m. to 6 p.m. on April
envelope. We will consider all 21 and 22, 2007, and will restrict
Special Local Regulations for Marine comments and material received during navigation in the regulated area during
Events; Western Branch, Elizabeth the comment period. We may change the hydroplane races. Except for persons
River, Portsmouth, VA this proposed rule in view of them. or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel
AGENCY: Coast Guard, DHS. Public Meeting may enter or remain in the regulated
ACTION: Notice of proposed rulemaking. We do not now plan to hold a public area during the effective period. The
SUMMARY: The Coast Guard proposes to
meeting. But you may submit a request regulated area is needed to control
temporarily change the regulations for for a meeting by writing to the address vessel traffic during the event to
the ‘‘Virginia State Hydroplane listed under ADDRESSES explaining why enhance the safety of participants and
Championship’’ hydroplane races held one would be beneficial. If we transiting vessels.
determine that one would aid this In addition to notice in the Federal
annually on the waters of the Western
rulemaking, we will hold one at a time Register, the maritime community will
Branch of the Elizabeth River at
and place announced by a later notice be provided extensive advance
Portsmouth, Virginia. This action is
in the Federal Register. notification via the Local Notice to
necessary because the event will be held
Mariners, and marine information
on April 21 and 22, 2007, instead of on Background and Purpose
broadcasts so mariners can adjust their
April 27 and 28, 2007 as established by On April 21 and 22, 2007, Virginia plans accordingly.
permanent regulation. This proposed Boat Racing Association will sponsor
rule is intended to restrict vessel traffic the ‘‘Virginia State Hydroplane Regulatory Evaluation
in portions of the Elizabeth River and is Championship’’ hydroplane races on the This proposed rule is not a
necessary to provide for the safety of life waters of the Western Branch of the ‘‘significant regulatory action’’ under
on navigable waters during the event. Elizabeth River at Portsmouth, Virginia. section 3(f) of Executive Order 12866,
DATES: Comments and related material The event will consist of approximately Regulatory Planning and Review, and
must reach the Coast Guard on or before 75 hydroplane powerboats conducting does not require an assessment of
March 19, 2007. high-speed competitive races on the potential costs and benefits under
ADDRESSES: You may mail comments Western Branch of the Elizabeth River section 6(a)(3) of that Order. The Office
and related material to Commander in the vicinity of Portsmouth City Park, of Management and Budget has not
(dpi), Fifth Coast Guard District, 431 Portsmouth, Virginia. A fleet of reviewed it under that Order. It is not
Crawford Street, Portsmouth, Virginia spectator vessels is expected to gather ‘‘significant’’ under the regulatory
23704–5004, hand-deliver them to near the event site to view the policies and procedures of the
Room 415 at the same address between competition. The regulation at 33 CFR Department of Homeland Security
9 a.m. and 2 p.m., Monday through 100.525 is effective annually for this (DHS).
Friday, except Federal holidays, or fax marine event. Paragraph (c) of Section We expect the economic impact of
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them to (757) 398–6203. The 100.525 establishes the enforcement this proposed rule to be so minimal that
Inspections and Investigation Branch, date for the hydroplane races. This a full Regulatory Evaluation under the
Fifth Coast Guard District, maintains the regulation proposes to temporarily regulatory policies and procedures of
public docket for this rulemaking. change the regulation so that the event DHS is unnecessary. The effect of this
Comments and material received from may be held on April 21 and 22, 2007 proposed action merely establishes the

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