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33409

Proposed Rules Federal Register


Vol. 72, No. 116

Monday, June 18, 2007

This section of the FEDERAL REGISTER instructions for sending your comments reason might not follow our plain
contains notices to the public of the proposed electronically. language principles.
issuance of rules and regulations. The • Fax: (202) 493–2251.
Comments Invited
purpose of these notices is to give interested • Mail: Docket Management Facility,
persons an opportunity to participate in the U.S. Department of Transportation, 400 We invite you to send any written
rule making prior to the adoption of the final relevant data, views, or arguments about
Seventh Street, SW., Nassif Building,
rules.
Room PL–401, Washington, DC 20590– this proposed AD. Send your comments
0001. to an address listed under the
DEPARTMENT OF TRANSPORTATION • Hand Delivery: Room PL–401 on ADDRESSES section. Include ‘‘Docket No.
the plaza level of the Nassif Building, FAA–2007–28374; Directorate Identifier
Federal Aviation Administration 400 Seventh Street, SW., Washington, 2007–NM–067–AD’’ at the beginning of
DC, between 9 a.m. and 5 p.m., Monday your comments. We specifically invite
14 CFR Part 39 through Friday, except Federal holidays. comments on the overall regulatory,
• Federal eRulemaking Portal: http:// economic, environmental, and energy
[Docket No. FAA–2007–28374; Directorate www.regulations.gov. Follow the aspects of this proposed AD. We will
Identifier 2007–NM–067–AD] instructions for submitting comments. consider all comments received by the
RIN 2120–AA64 closing date and may amend this
Examining the AD Docket proposed AD based on those comments.
Airworthiness Directives; Airbus Model You may examine the AD docket on We will post all comments we
A300–600R Series Airplanes; and the Internet at http://dms.dot.gov; or in receive, without change, to http://
Model A310–300 Series Airplanes person at the Docket Management dms.dot.gov, including any personal
Facility between 9 a.m. and 5 p.m., information you provide. We will also
AGENCY: Federal Aviation Monday through Friday, except Federal post a report summarizing each
Administration (FAA), DOT. holidays. The AD docket contains this substantive verbal contact we receive
ACTION: Notice of proposed rulemaking proposed AD, the regulatory evaluation, about this proposed AD.
(NPRM). any comments received, and other Discussion
information. The street address for the
SUMMARY: We propose to adopt a new Docket Office (telephone (800) 647– The European Aviation Safety Agency
airworthiness directive (AD) for the 5227) is in the ADDRESSES section. (EASA), which is the Technical Agent
products listed above. This proposed Comments will be available in the AD for the Member States of the European
AD results from mandatory continuing docket shortly after receipt. Community, has issued EASA
airworthiness information (MCAI) Airworthiness Directive 2007–0024,
FOR FURTHER INFORMATION CONTACT: Tom
originated by an aviation authority of dated January 25, 2007 (referred to after
Stafford, Aerospace Engineer,
another country to identify and correct this as ‘‘the MCAI’’), to correct an unsafe
International Branch, ANM–116, FAA,
an unsafe condition on an aviation condition for the specified products.
Transport Airplane Directorate, 1601
product. The MCAI describes the unsafe The MCAI states:
Lind Avenue, SW., Renton, Washington
condition as: While they were gaining access to the THS
98057–3356; telephone (425) 227–1622;
While they were gaining access to the THS fax (425) 227–1149. (trimmable horizontal stabilizer) fuel tank for
(trimmable horizontal stabilizer) fuel tank for maintenance check, several operators have
SUPPLEMENTARY INFORMATION: found one or several of the 8 THS hoist point
maintenance check, several operators have
found one or several of the 8 THS hoist point Streamlined Issuance of AD fitting bases cracked or broken-off. The
fitting bases cracked or broken-off. The breakage resulted in metallic debris being
breakage resulted in metallic debris being The FAA is implementing a new released within the Trim Tank. The origin of
released within the Trim Tank. The origin of process for streamlining the issuance of the damage is most probably due to
the damage is most probably due to ADs related to MCAI. This streamlined interference with the THS hoisting lugs that
interference with the THS hoisting lugs that process will allow us to adopt MCAI are stowed in the hoist point fittings in the
are stowed in the hoist point fittings in the safety requirements in a more efficient reverse position, being screwed too deep
reverse position, being screwed too deep manner and will reduce safety risks to inside the THS hoist fittings. Damaged hoist
inside the THS hoist fittings. Damaged hoist point fittings could cause the release of
the public. This process continues to metallic debris within the THS fuel system.
point fittings could cause the release of
follow all FAA AD issuance processes to This Airworthiness Directive (AD) requires
metallic debris within the THS fuel system.
* * * Compliance with the requirements meet legal, economic, Administrative the repair of any damaged THS hoist point
of this AD will also eliminate potential Procedure Act, and Federal Register fittings to prevent any risk of further hoist
contributing factor[s] to ignition risks. requirements. We also continue to meet point fittings damage as well as any fuel leak.
our technical decision-making Compliance with the requirements of this AD
The proposed AD would require actions responsibilities to identify and correct will also eliminate potential contributing
that are intended to address the unsafe unsafe conditions on U.S.-certificated factor[s] to ignition risks.
condition described in the MCAI. products. The MCAI requires an inspection of the
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DATES: We must receive comments on This proposed AD references the internal base of the THS hoist point
this proposed AD by July 18, 2007. MCAI and related service information fittings for signs of score, cracks,
ADDRESSES: You may send comments by that we considered in forming the perforation or other damage; and an
any of the following methods: engineering basis to correct the unsafe inspection of the hoist point fittings
• DOT Docket Web Site: Go to condition. The proposed AD contains base inside the fuel tank for structural
http://dms.dot.gov and follow the text copied from the MCAI and for this damage, as applicable, and applicable

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33410 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Proposed Rules

corrective actions (repair damaged Authority for This Rulemaking § 39.13 [Amended]
fittings and install new plastic plugs). Title 49 of the United States Code 2. The FAA amends § 39.13 by adding
Corrective actions must be done before specifies the FAA’s authority to issue the following new AD:
return to revenue service. You may rules on aviation safety. Subtitle I, Airbus: Docket No. FAA–2007–28374;
obtain further information by examining section 106, describes the authority of Directorate Identifier 2007–NM–067–AD.
the MCAI in the AD docket. the FAA Administrator. ‘‘Subtitle VII: Comments Due Date
Relevant Service Information Aviation Programs,’’ describes in more (a) We must receive comments by July 18,
detail the scope of the Agency’s 2007.
Airbus has issued Service Bulletins authority.
A300–55–6041, and A310–55–2042, We are issuing this rulemaking under Affected ADs
both dated September 13, 2006. The the authority described in ‘‘Subtitle VII, (b) None.
actions described in this service Part A, Subpart III, Section 44701: Applicability
information are intended to correct the General requirements.’’ Under that
(c) This AD applies to Airbus Model A310–
unsafe condition identified in the section, Congress charges the FAA with 300 and A300–600R series airplanes;
MCAI. promoting safe flight of civil aircraft in certificated in any category; all serial
FAA’s Determination and Requirements air commerce by prescribing regulations numbers fitted with a THS (trimmable
of This Proposed AD for practices, methods, and procedures horizontal stabilizer) containing fuel on
the Administrator finds necessary for which, during production Airbus
safety in air commerce. This regulation Modifications 04801 and 04802 have been
This product has been approved by
is within the scope of that authority embodied, and Airbus Modification 06549
the aviation authority of another has not been embodied; except aircraft on
country, and is approved for operation because it addresses an unsafe condition which Airbus Modification 13191 has been
in the United States. Pursuant to our that is likely to exist or develop on embodied in production, or Airbus Service
bilateral agreement with the State of products identified in this rulemaking Bulletin A310–55–2042 or A300–55–6041
Design Authority, we have been notified action. has been incorporated in service.
of the unsafe condition described in the Regulatory Findings Subject
MCAI and service information (d) Stabilizers.
referenced above. We are proposing this We determined that this proposed AD
AD because we evaluated all pertinent would not have federalism implications Reason
information and determined an unsafe under Executive Order 13132. This (e) The mandatory continuing
condition exists and is likely to exist or proposed AD would not have a airworthiness information (MCAI) states:
develop on other products of the same substantial direct effect on the States, on
While they were gaining access to the THS
type design. the relationship between the national (trimmable horizontal stabilizer) fuel tank for
Government and the States, or on the maintenance check, several operators have
Differences Between This AD and the distribution of power and found one or several of the 8 THS hoist point
MCAI or Service Information responsibilities among the various fitting bases cracked or broken-off. The
levels of government. breakage resulted in metallic debris being
We have reviewed the MCAI and For the reasons discussed above, I released within the Trim Tank. The origin of
related service information and, in certify this proposed regulation: the damage is most probably due to
general, agree with their substance. But 1. Is not a ‘‘significant regulatory interference with the THS hoisting lugs that
we might have found it necessary to use are stowed in the hoist point fittings in the
action’’ under Executive Order 12866; reverse position being screwed too deep
different words from those in the MCAI 2. Is not a ‘‘significant rule’’ under the
to ensure the AD is clear for U.S. inside the THS hoist fittings. Damaged hoist
DOT Regulatory Policies and Procedures point fittings could cause the release of
operators and is enforceable. In making (44 FR 11034, February 26, 1979); and metallic debris within the THS fuel system.
these changes, we do not intend to differ 3. Will not have a significant This Airworthiness Directive (AD) requires
substantively from the information economic impact, positive or negative, the repair of any damaged THS hoist point
provided in the MCAI and related on a substantial number of small entities fittings to prevent any risk of further hoist
service information. under the criteria of the Regulatory point fittings damage as well as any fuel leak.
Compliance with the requirements of this AD
We might also have proposed Flexibility Act. will also eliminate potential contributing
different actions in this AD from those We prepared a regulatory evaluation factor[s] to ignition risks.
in the MCAI in order to follow FAA of the estimated costs to comply with
this proposed AD and placed it in the The MCAI requires an inspection of the
policies. Any such differences are internal base of the THS hoist point fittings
highlighted in a NOTE within the AD docket. for signs of score, cracks, perforation or other
proposed AD. List of Subjects in 14 CFR Part 39 damage; and an inspection of the hoist point
fittings base inside the fuel tank for structural
Costs of Compliance Air transportation, Aircraft, Aviation damage, as applicable, and applicable
safety, Safety. corrective actions (repair damaged fittings
Based on the service information, we
and install new plastic plugs). Corrective
estimate that this proposed AD would The Proposed Amendment actions must be done before return to
affect about 137 products of U.S. Accordingly, under the authority revenue service.
registry. We also estimate that it would delegated to me by the Administrator,
take about 10 work-hours per product to Actions and Compliance
the FAA proposes to amend 14 CFR part
comply with the basic requirements of (f) Unless already done, within 60 months
39 as follows: after the effective date of this AD, do the
this proposed AD. The average labor
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rate is $80 per work-hour. Required actions specified in paragraphs (f)(1) through
PART 39—AIRWORTHINESS (f)(6) of this AD in accordance with the
parts would cost about $332 per DIRECTIVES instructions given in Airbus Service Bulletin
product. Based on these figures, we A300–55–6041 or A310–55–2042, both dated
estimate the cost of the proposed AD on 1. The authority citation for part 39
September 13, 2006, as applicable.
U.S. operators to be $155,084, or $1,132 continues to read as follows: (1) Remove the 8 THS metallic hoisting
per product. Authority: 49 U.S.C. 106(g), 40113, 44701. lugs.

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Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Proposed Rules 33411

(2) Do a detailed visual inspection of the DEPARTMENT OF TRANSPORTATION • Hand Delivery: Room PL–401 on
internal base of the 8 THS hoist point fittings the plaza level of the Nassif Building,
in order to detect visible signs of score, Federal Aviation Administration 400 Seventh Street, SW., Washington,
cracks, perforation or other damage. DC, between 9 a.m. and 5 p.m., Monday
(3) In case of no finding, install the new 14 CFR Part 39 through Friday, except Federal holidays.
plastic plugs. Contact Boeing Commercial
(4) In case of any finding, entry into the [Docket No. FAA–2006–24270; Directorate Airplanes, P.O. Box 3707, Seattle,
fuel trim tank is required to do a detailed Identifier 2005–NM–200–AD] Washington 98124–2207, for the service
visual inspection for structural damage of the information identified in this proposed
hoist point fittings base inside the fuel tank. RIN 2120–AA64
AD.
(5) If structural damage is not confirmed,
Airworthiness Directives; Boeing FOR FURTHER INFORMATION CONTACT:
blend-out/protect the scoring area of the
fitting internal base and install the new Model 777 Airplanes Kelly McGuckin, Aerospace Engineer,
plastic plugs. Systems and Equipment Branch, ANM–
AGENCY: Federal Aviation 130S, FAA, Seattle Aircraft Certification
(6) If structural damage is confirmed, repair
Administration (FAA), Department of Office, 1601 Lind Avenue, SW., Renton,
the damaged fittings and install the new
plastic plugs.
Transportation (DOT). Washington 98057–3356; telephone
ACTION: Supplemental notice of (425) 917–6490; fax (425) 917–6590.
FAA AD Differences proposed rulemaking (NPRM); SUPPLEMENTARY INFORMATION:
Note: This AD differs from the MCAI and/ reopening of comment period.
Comments Invited
or service information as follows: No
differences. SUMMARY: The FAA is revising an earlier We invite you to submit any relevant
proposed airworthiness directive (AD) written data, views, or arguments
Other FAA AD Provisions for all Boeing Model 777–200, –300, and regarding this supplemental NPRM.
(g) The following provisions also apply to –300ER series airplanes. The original Send your comments to an address
this AD: NPRM would have required, for the listed in the ADDRESSES section. Include
(1) Alternative Methods of Compliance drive mechanism of the horizontal the docket number ‘‘FAA–2006–24270;
(AMOCs): The Manager, International stabilizer, repetitive detailed Directorate Identifier 2005–NM–200–
Branch, ANM–116, FAA, has the authority to inspections for discrepancies; repetitive AD’’ at the beginning of your comments.
approve AMOCs for this AD, if requested lubrication of the ballnut and ballscrew; We specifically invite comments on the
using the procedures found in 14 CFR 39.19. repetitive measurements of the freeplay overall regulatory, economic,
Send information to ATTN: Tom Stafford, between the ballnut and the ballscrew; environmental, and energy aspects of
Aerospace Engineer, 1601 Lind Avenue, SW., and corrective action if necessary. The this supplemental NPRM. We will
Renton, Washington 98057–3356; telephone original NPRM resulted from a report of consider all comments received by the
(425) 227–1622; fax (425) 227–1149. Before extensive corrosion of a ballscrew in the closing date and may amend this
using any approved AMOC on any airplane drive mechanism of the horizontal supplemental NPRM in light of those
to which the AMOC applies, notify your stabilizer on a Boeing Model 757 comments.
appropriate principal inspector (PI) in the
airplane, which is similar in design to We will post all comments submitted,
FAA Flight Standards District Office (FSDO),
the ballscrew on Model 777 airplanes. without change, to http://dms.dot.gov,
or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement
This action revises the original NPRM including any personal information you
in this AD to obtain corrective actions from by adding airplanes to the applicability. provide. We will also post a report
a manufacturer or other source, use these We are proposing this supplemental summarizing each substantive verbal
actions if they are FAA-approved. Corrective NPRM to prevent an undetected failure contact with FAA personnel concerning
actions are considered FAA-approved if they of the primary load path for the this supplemental NPRM. Using the
are approved by the State of Design Authority ballscrew in the horizontal stabilizer search function of that Web site, anyone
(or their delegated agent). You are required and subsequent wear and failure of the can find and read the comments in any
to assure the product is airworthy before it secondary load path, which could lead of our dockets, including the name of
is returned to service. to loss of control of the horizontal the individual who sent the comment
(3) Reporting Requirements: For any stabilizer and consequent loss of control (or signed the comment on behalf of an
reporting requirement in this AD, under the of the airplane. association, business, labor union, etc.).
provisions of the Paperwork Reduction Act, You may review the DOT’s complete
DATES: We must receive comments on
the Office of Management and Budget (OMB) Privacy Act Statement in the Federal
has approved the information collection
this supplemental NPRM by July 13,
2007. Register published on April 11, 2000
requirements and has assigned OMB Control (65 FR 19477–78), or you may visit
Number 2120–0056. ADDRESSES: Use one of the following http://dms.dot.gov.
Related Information addresses to submit comments on this
supplemental NPRM. Examining the Docket
(h) Refer to MCAI European Aviation • DOT Docket Web site: Go to You may examine the AD docket on
Safety Agency Airworthiness Directive 2007–
http://dms.dot.gov and follow the the Internet at http://dms.dot.gov, or in
0024, dated January 25, 2007; and Airbus
Service Bulletins A300–55–6041 and A310–
instructions for sending your comments person at the Docket Management
55–2042, both dated September 13, 2006; for electronically. Facility office between 9 a.m. and 5
related information. • Government-wide rulemaking Web p.m., Monday through Friday, except
site: Go to http://www.regulations.gov Federal holidays. The Docket
Issued in Renton, Washington, on June 8, and follow the instructions for sending Management Facility office (telephone
2007.
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your comments electronically. (800) 647–5227) is located on the plaza


Stephen P. Boyd, • Mail: Docket Management Facility; level in the Nassif Building at the DOT
Acting Manager, Transport Airplane U.S. Department of Transportation, 400 street address stated in ADDRESSES.
Directorate, Aircraft Certification Service. Seventh Street, SW., Nassif Building, Comments will be available in the AD
[FR Doc. E7–11677 Filed 6–15–07; 8:45 am] Room PL–401, Washington, DC 20590. docket shortly after the Docket
BILLING CODE 4910–13–P • Fax: (202) 493–2251. Management System receives them.

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