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45964 Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Proposed Rules
ADDRESSES section. Include ‘‘Docket No. general, agree with their substance. But the relationship between the national
FAA–2007–28987; Directorate Identifier we might have found it necessary to use Government and the States, or on the
2007–NM–127–AD’’ at the beginning of different words from those in the MCAI distribution of power and
your comments. We specifically invite to ensure the AD is clear for U.S. responsibilities among the various
comments on the overall regulatory, operators and is enforceable. In making levels of government.
economic, environmental, and energy these changes, we do not intend to differ For the reasons discussed above, I
aspects of this proposed AD. We will substantively from the information certify this proposed regulation:
consider all comments received by the provided in the MCAI and related 1. Is not a ‘‘significant regulatory
closing date and may amend this service information. action’’ under Executive Order 12866;
proposed AD based on those comments. We might also have proposed 2. Is not a ‘‘significant rule’’ under the
We will post all comments we different actions in this AD from those DOT Regulatory Policies and Procedures
receive, without change, to http:// in the MCAI in order to follow FAA (44 FR 11034, February 26, 1979); and
dms.dot.gov, including any personal policies. Any such differences are 3. Will not have a significant
information you provide. We will also highlighted in a NOTE within the economic impact, positive or negative,
post a report summarizing each proposed AD. on a substantial number of small entities
substantive verbal contact we receive under the criteria of the Regulatory
Costs of Compliance
about this proposed AD. Flexibility Act.
Based on the service information, we We prepared a regulatory evaluation
Discussion estimate that this proposed AD would of the estimated costs to comply with
The Agência Nacional de Aviação affect about 624 products of U.S. this proposed AD and placed it in the
Civil (ANAC), which is the aviation registry. We also estimate that it would AD docket.
authority for Brazil, has issued Brazilian take about 60 work-hours per product to
Airworthiness Directive 2007–05–01R1, comply with the basic requirements of List of Subjects in 14 CFR Part 39
effective July 4, 2007 (referred to after this proposed AD. The average labor Air transportation, Aircraft, Aviation
this as ‘‘the MCAI’’), to correct an unsafe rate is $80 per work-hour. Required safety, Safety.
condition for the specified products. parts would cost about $1,210 per
product. Where the service information The Proposed Amendment
The MCAI states:
It has been found the development of lists required parts costs that are Accordingly, under the authority
cracks in the forward fuselage right hand covered under warranty, we have delegated to me by the Administrator,
(RH) side skin during full-scale fatigue tests. assumed that there will be no charge for the FAA proposes to amend 14 CFR part
Those cracks may quickly reach their critical these costs. As we do not control 39 as follows:
length, reducing the aircraft structural warranty coverage for affected parties,
integrity, with possible rapid decompression some parties may incur costs higher PART 39—AIRWORTHINESS
of the aircraft. than estimated here. Based on these DIRECTIVES
The corrective action includes rework figures, we estimate the cost of the 1. The authority citation for part 39
of the aircraft structure on the forward proposed AD on U.S. operators to be continues to read as follows:
fuselage LH (left-hand) and RH sides. $3,750,240, or $6,010 per product.
Authority: 49 U.S.C. 106(g), 40113, 44701.
You may obtain further information by Authority for This Rulemaking
examining the MCAI in the AD docket. § 39.13 [Amended]
Title 49 of the United States Code
Relevant Service Information specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding
rules on aviation safety. Subtitle I, the following new AD:
EMBRAER has issued Service Bulletin
145–53–0067, Revision 01, dated section 106, describes the authority of EMPRESA BRASILEIRA DE
February 27, 2007. The actions the FAA Administrator. ‘‘Subtitle VII: AERONAUTICA S.A. (EMBRAER):
described in this service information are Aviation Programs,’’ describes in more Docket No. FAA–2007–28987;
detail the scope of the Agency’s Directorate Identifier 2007–NM–127–AD.
intended to correct the unsafe condition
identified in the MCAI. authority. Comments Due Date
We are issuing this rulemaking under (a) We must receive comments by
FAA’s Determination and Requirements the authority described in ‘‘Subtitle VII, September 17, 2007.
of This Proposed AD Part A, Subpart III, Section 44701:
This product has been approved by General requirements.’’ Under that Affected ADs
the aviation authority of another section, Congress charges the FAA with (b) None.
country, and is approved for operation promoting safe flight of civil aircraft in Applicability
in the United States. Pursuant to our air commerce by prescribing regulations (c) This AD applies to all EMBRAER Model
bilateral agreement with the State of for practices, methods, and procedures EMB–135ER, –135KE, –135KL, and –135LR
Design Authority, we have been notified the Administrator finds necessary for airplanes; and Model EMB–145, –145ER,
of the unsafe condition described in the safety in air commerce. This regulation –145MR, –145LR, –145XR, –145MP, and
MCAI and service information is within the scope of that authority –145EP airplanes; certificated in any
referenced above. We are proposing this because it addresses an unsafe condition category.
AD because we evaluated all pertinent that is likely to exist or develop on Subject
information and determined an unsafe products identified in this rulemaking
(d) Air Transport Association (ATA) of
condition exists and is likely to exist or action. America Code 53: Fuselage.
develop on other products of the same
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Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Proposed Rules 45965
Those cracks may quickly reach their critical Service Bulletin 145–53–0051, dated July 15, which the AMOC applies, notify your
length, reducing the aircraft structural 2004; or EMBRAER Service Bulletin 145–53– appropriate principal inspector (PI) in the
integrity, with possible rapid decompression 0051, Revision 01, dated February 7, 2006; is FAA Flight Standards District Office (FSDO),
of the aircraft. considered acceptable for compliance with or lacking a PI, your local FSDO.
The corrective action includes rework of the actions specified in this AD. (2) Airworthy Product: For any
the aircraft structure on the forward fuselage requirement in this AD to obtain corrective
FAA AD Differences
LH (left-hand) and RH sides. actions from a manufacturer or other source,
Note: This AD differs from the MCAI and/ use these actions if they are FAA-approved.
Actions and Compliance or service information as follows: No Corrective actions are considered FAA-
(f) Prior to the accumulation of 22,000 total differences. approved if they are approved by the State
flight cycles, or within 6 months after the of Design Authority (or their delegated
effective date of this AD, whichever is later, Other FAA AD Provisions agent). You are required to assure the product
unless already done, do the following (g) The following provisions also apply to is airworthy before it is returned to service.
actions: this AD: (3) Reporting Requirements: For any
(1) Add two reinforcements to the forward (1) Alternative Methods of Compliance reporting requirement in this AD, under the
fuselage skin on the LH and RH sides (AMOCs): The Manager, International provisions of the Paperwork Reduction Act,
between frames 9 to 10 and 10 to 11, and Branch, ANM–116, FAA, has the authority to the Office of Management and Budget (OMB)
stringers 12 to 15. Install supports to the approve AMOCs for this AD, if requested has approved the information collection
reinforcements and stringers as well as new using the procedures found in 14 CFR 39.19. requirements and has assigned OMB Control
fasteners to the reinforcements and supports, Send information to ATTN: Dan Rodina, Number 2120–0056.
and reroute the electrical wiring on the Aerospace Engineer, International Branch,
affected area. Do all actions in accordance ANM–116, FAA, Transport Airplane Related Information
with EMBRAER Service Bulletin 145–53– Directorate, 1601 Lind Avenue, SW., Renton, (h) Refer to MCAI Brazilian Airworthiness
0067, Revision 01, dated February 27, 2007. Washington 98057–3356; telephone (425) Directive 2007–05–01R1, effective July 4,
(2) Accomplishing the detailed instructions 227–2125; fax (425) 227–1149. Before using 2007, and the service bulletins listed in Table
and procedures described in the EMBRAER any approved AMOC on any airplane to 1 of this AD, for related information.
Issued in Renton, Washington, on July 30, an existing AD that currently requires prevent failure of certain life-limited
2007. operators to revise the Airworthiness parts, which could result in reduced
Ali Bahrami, Limitations section (ALS) of the structural integrity of the airplane.
Manager, Transport Airplane Directorate, Instructions for Continued DATES: We must receive comments on
Aircraft Certification Service. Airworthiness (ICA) to incorporate new this supplemental NPRM by September
[FR Doc. E7–16116 Filed 8–15–07; 8:45 am] information. This information includes, 10, 2007.
BILLING CODE 4910–13–P for all affected airplanes, decreased life ADDRESSES: Use one of the following
limit values for certain components; and addresses to submit comments on this
for Model A330–200 and –300 series proposed AD.
DEPARTMENT OF TRANSPORTATION airplanes, new inspections, compliance • DOT Docket Web site: Go to
times, and new repetitive intervals to http://dms.dot.gov and follow the
Federal Aviation Administration detect fatigue cracking, accidental instructions for sending your comments
damage, or corrosion in certain electronically.
14 CFR Part 39 structures. The original NPRM proposed • Government-wide rulemaking Web
[Docket No. FAA–2007–27715; Directorate to revise the ALS, for all affected site: Go to http://www.regulations.gov
Identifier 2006–NM–140–AD] airplanes, by adding new Airworthiness and follow the instructions for sending
Limitations Items (ALIs) to incorporate your comments electronically.
RIN 2120–AA64 service life limits for certain items and • Mail: U.S. Department of
inspections to detect fatigue cracking, Transportation, Docket Operations, M–
Airworthiness Directives; Airbus Model
accidental damage or corrosion in 30, West Building Ground Floor, Room
A330 and A340 Airplanes
certain structures, in accordance with W12–140, 1200 New Jersey Avenue, SE.,
AGENCY: Federal Aviation the revised ALS of the ICA. The original Washington, DC 20590.
Administration (FAA), Department of NPRM resulted from the issuance of • Fax: (202) 493–2251.
Transportation (DOT). new and more restrictive service life • Hand Delivery: Room W12–140 on
ACTION: Supplemental notice of limits and structural inspections based the ground floor of the West Building,
proposed rulemaking (NPRM); on fatigue testing and in-service 1200 New Jersey Avenue, SE.,
reopening of comment period. findings. This new action revises the Washington, DC, between 9 a.m. and 5
original NPRM by adding airplanes, p.m., Monday through Friday, except
SUMMARY: The FAA is revising an earlier adding new requirements, and Federal holidays.
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NPRM for an airworthiness directive including more restrictive compliance Contact Airbus, 1 Rond Point Maurice
(AD) that applies to all Airbus Model thresholds and intervals. We are Bellonte, 31707 Blagnac Cedex, France,
A330–200, A330–300, A340–200, and proposing this supplemental NPRM to for service information identified in this
A340–300 series airplanes; and Model detect and correct fatigue cracking, proposed AD.
A340–541 and A340–642 airplanes. The accidental damage, or corrosion in FOR FURTHER INFORMATION CONTACT: Tim
original NPRM would have superseded principal structural elements, and to Backman, Aerospace Engineer
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