Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Models EMB-110P1 and EMB-110P2 Airplanes, 10093-10095 [E7-3987]
Download as PDF
Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Proposed Rules
to express views on this issue. Finally,
interested persons are invited to submit
information on the regulatory and
informational impacts of this action on
small businesses.
This proposed rule would impose no
additional reporting or recordkeeping
requirements on either small or large
California olive handlers. As with all
Federal marketing order programs,
reports and forms are periodically
reviewed to reduce information
requirements and duplication by
industry and public sector agencies.
The AMS is committed to complying
with the E-Government Act, to promote
the use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab/html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
A 15-day comment period is provided
to allow interested persons to respond
to this proposed rule. Fifteen days is
deemed appropriate because: (1) The
2007 fiscal year began on January 1,
2007, and the marketing order requires
that the rate of assessment for each
fiscal year apply to all assessable olives
handled during such fiscal year; (2) the
committee needs sufficient funds to pay
its expenses, which are incurred on a
continuous basis; and (3) handlers are
aware of this action, which was
discussed by the committee and
unanimously recommended at a public
meeting, and is similar to other
assessment rate actions issued in past
years.
List of Subjects in 7 CFR Part 932
cprice-sewell on PROD1PC66 with PROPOSALS
Marketing agreements, Olives,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 932 is proposed to
be amended as follows:
PART 932—OLIVES GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 932 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. Section 932.230 is revised to read
as follows:
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15:33 Mar 06, 2007
Jkt 211001
§ 932.230
Assessment rate.
On and after January 1, 2007, an
assessment rate of $47.84 per ton is
established for California olives.
Dated: March 1, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E7–3936 Filed 3–6–07; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–26598; Directorate
Identifier 2006–CE–87–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Models EMB–110P1 and
EMB–110P2 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of the comment period.
AGENCY:
SUMMARY: We are revising an earlier
NPRM for the products listed above.
This proposed AD results from
mandatory continuing airworthiness
information (MCAI) originated by an
aviation authority of another country to
identify and correct an unsafe condition
on an aviation product. The MCAI
describes the unsafe condition as:
It has been found cases of corrosion at
regions of Wings-to-Fuselage attachments,
Vertical Stabilizer to Fuselage attachments,
Rib 1 Half-wing and Passenger Seat Tracks.
Such corrosion may lead to subsequent
fatigue cracking of the parts affected,
reducing the aircraft structural integrity,
which may in turn lead to structural failure
and/or loss of some control surface.
The proposed AD would require
actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by April 6, 2007.
ADDRESSES: You may send comments by
any of the following methods:
• DOT Docket Web Site:
Go to https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Fax: (202) 493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
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10093
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov; or in
person at the Docket Management
Facility between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
proposed AD, the regulatory evaluation,
any comments received, and other
information. The street address for the
Docket Office (telephone (800) 647–
5227) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Karl
Schletzbaum, Aerospace Engineer, 901
Locust, Room 301, Kansas City,
Missouri, 64106; telephone: (816) 329–
4146; fax: (816) 329–4090.
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new
process for streamlining the issuance of
ADs related to MCAI. This streamlined
process will allow us to adopt MCAI
safety requirements in a more efficient
manner and will reduce safety risks to
the public. This process continues to
follow all FAA AD issuance processes to
meet legal, economic, Administrative
Procedure Act, and Federal Register
requirements. We also continue to meet
our technical decision-making
responsibilities to identify and correct
unsafe conditions on U.S.-certificated
products.
This proposed AD references the
MCAI and related service information
that we considered in forming the
engineering basis to correct the unsafe
condition. The proposed AD contains
text copied from the MCAI and for this
reason might not follow our plain
language principles.
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2006–26598; Directorate Identifier
2006–CE–87–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Proposed Rules
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
We proposed to amend 14 CFR part
39 with an earlier NPRM for the
specified products, which was
published in the Federal Register on
January 8, 2007 (72 FR 678). That earlier
NPRM proposed to require actions
intended to address the unsafe
condition for the products listed above.
Since that NPRM was issued, the FAA
has received three verbal comments
requesting additional time to comment
on the proposed rule. Since the NPRM
comment period has already closed, the
FAA is granting this extension by
reopening the comment period instead
of extending the comment period.
Relevant Service Information
Embraer—Empresa Brasileira de
Aeronutica S.A. (EMBRAER) has issued
Service Bulletin S.B. No.: 110–00–0007,
dated May 10, 2006. The actions
described in this service information are
intended to correct the unsafe condition
identified in the MCAI.
cprice-sewell on PROD1PC66 with PROPOSALS
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no written comments on the
NPRM or on the determination of the
cost to the public. We did receive three
verbal comments requesting additional
time to comment on the proposed rule.
Since others may want additional time
to comment who did not contact the
FAA, we are reopening the comment
period for an additional 30 days.
FAA’s Determination and Requirements
of the Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with this State of
Design Authority, they have notified us
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
We have since determined that the
scope of the earlier NPRM made it
difficult for the public to comment
VerDate Aug<31>2005
15:33 Mar 06, 2007
Jkt 211001
within the original comment period. As
a result, we have determined that it is
necessary to reopen the comment period
to provide additional opportunity for
the public to comment on the proposed
AD.
Differences Between This Proposed AD
and the MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have proposed
different actions in this AD from those
in the MCAI in order to follow FAA
policies. Any such differences are
highlighted in a NOTE within the
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 42 products of U.S. registry.
We also estimate that it would take
about 942 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $80 per work-hour. Based on
these figures, we estimate the cost of the
proposed AD on U.S. operators to be
$3,165,120 or $75,360 per product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
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Fmt 4702
Sfmt 4702
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket No. FAA–2006–
26598; Directorate Identifier 2006–CE–
87–AD.
Comments Due Date
(a) We must receive comments by April 6,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Models EMB–110P1
and EMB–110P2 airplanes, all serial
numbers, certificated in any category.
Subject
(d) Air Transport Association of America
(ATA) Code 51: Structures.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
It has been found cases of corrosion at
regions of Wings-to-Fuselage attachments,
Vertical Stabilizer to Fuselage attachments,
Rib 1 Half-wing and Passenger Seat Tracks.
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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Proposed Rules
FAA AD Differences
Actions and Compliance
cprice-sewell on PROD1PC66 with PROPOSALS
Such corrosion may lead to subsequent
fatigue cracking of the parts affected,
reducing the aircraft structural integrity,
which may in turn lead to structural failure
and/or loss of some control surface.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Staff,
FAA, ATTN: Karl Schletzbaum, Aerospace
Engineer, FAA, Small Airplane Directorate,
901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329–4146; fax: (816)
329–4090, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et.seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
(f) Unless already done, do the following
actions.
(1) Within the next 30 days or 100 hours
time-in-service after the effective date of this
AD, whichever occurs first, carry out a
general visual inspection (GVI) for corrosion
at the regions of the Wings-to-Fuselage
attachments, Vertical Stabilizer to Fuselage
attachments, Rib 1 Half-wing, and Passenger
Seat Tracks, according to Parts I, II, and III
of the Embraer—Empresa Brasileira de
Aeronutica S.A. (EMBRAER) Service Bulletin
S.B. No.: 110–00–0007, dated May 10, 2006.
(i) All structures found corroded or cracked
as a result of the inspections conducted
above, must be addressed prior to further
flight in accordance with detailed
instructions and procedures described in
EMBRAER Service Bulletin S.B. No.: 110–
00–0007, dated May 10, 2006.
(ii) Previous accomplishment of the
EMBRAER Alert Service Bulletin S.B. No.:
110–00–A007, dated March 6, 2006, or the
implementation of the tasks above, required
by section VI of the Maintenance Planning
Guides TP 110P2/145, PM 110/652, or PM
110/165, are considered acceptable methods
of compliance with the requirements of (f)(1)
of this AD.
(2) Within the next 30 days after the
effective date of this AD, accomplish Part IV
of the EMBRAER Service Bulletin S.B. No.:
110–00–0007, dated May 10, 2006. All
structures found corroded or cracked as a
result of the inspections conducted above,
must be addressed prior to further flight in
accordance with detailed instructions and
procedures described in EMBRAER Service
Bulletin S.B. No.: 110–00–0007, dated May
10, 2006.
(3) Within the next 12 months after the
effective date of this AD, accomplish Part V
of the EMBRAER Service Bulletin S.B. No.:
110–00–0007, dated May 10, 2006. All
structures found corroded or cracked as a
result of the inspections conducted above,
must be addressed prior to further flight in
accordance with detailed instructions and
procedures described in EMBRAER Service
Bulletin S.B. No.: 110–00–0007, dated May
10, 2006.
Note 1: For the purpose of this AD a GVI
is: ‘‘A visual examination of an interior or
exterior area, installation or assembly to
detect obvious damage, failure, or
irregularity. This level of inspection is made
from within touching distance, unless
otherwise specified. A mirror may be
necessary to enhance visual access to all
exposed surfaces in the inspection area. This
level of inspection is made under normally
available lighting conditions such as
daylight, hangar lighting, flashlight, or droplight; and may require removal or opening of
access panels or doors. Stands, ladders, or
platforms may be required to gain proximity
to the area being checked.’’
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15:33 Mar 06, 2007
Jkt 211001
Related Information
(h) Refer to MCAI National Agency of Civil
Aviation (ANAC) AD No.: 2006–10–01, dated
October 25, 2006, EMBRAER Service Bulletin
S.B. No.: 110–00–0007, dated May 10, 2006,
and EMBRAER Alert Service Bulletin S.B.
No.: 110–00–A007, dated March 6, 2006 for
related information.
Issued in Kansas City, Missouri, on March
1, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E7–3987 Filed 3–6–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF STATE
22 CFR Part 51
[Public Notice 5712]
RIN 1400–AC28
Passports
Department of State.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The proposed rule would
reorganize, restructure, and update the
passport regulations contained in 22
CFR part 51 in order to make them
easier for the users to access the
information, to better reflect current
practices and changes in statutory
authority, and to remove outdated
provisions.
PO 00000
Frm 00005
Fmt 4702
The Department will accept
comments on this proposed regulation
until May 7, 2007.
ADDRESSES: You may submit comments,
identified by the following methods (no
duplicates, please):
• Federal eRulemaking Portal: https://
www.regulations.gov/index.cfm. Follow
the instructions for submitting
comments.
• Electronically: You may submit
electronic comments to:
Comments.22.CFR.Part_51.
update@state.gov. Attachments must be
in Microsoft Word.
• Mail (paper, disk, or CD–ROM
submissions): Comments by mail should
be addressed to: Director, Office of
Passport Policy, Planning and Advisory
Services, Bureau of Consular Affairs,
2100 Pennsylvania Ave., NW., 3rd
Floor, Washington, DC 20037, fax (202)
663–2654.
Instructions: All submissions must
include the Regulatory Identification
Number (RIN).
FOR FURTHER INFORMATION CONTACT:
Consuelo Pachon, Office of Passport
Policy, (202) 663–2662. Hearing or
speech-impaired persons may use the
Telecommunications Devices for the
Deaf (TDD) by contacting the Federal
Information Relay Service at 1–800–
877–8339.
SUPPLEMENTARY INFORMATION: The
Department’s Bureau of Consular Affairs
is proposing to update and amend its
passport regulations in 22 CFR Part 51.
Most of the current passport regulations
in Part 51 of 22 CFR were issued in
1966, although significant modifications
have been made as needed. For
example, in recent years the passport
regulations have been amended to
improve our ability to combat
international parental child abduction
by requiring that both parents consent to
passport issuance to minors under age
14 (with specified exceptions) and to
enhance the security of the passport by
introducing the electronic passport and
eliminating passport amendments. Still,
many of the current provisions in Part
51 have not been revised in many years,
and the Department believes it useful
for them to be modernized and
restructured in their entirety.
Accordingly, this proposed rule
reorganizes and updates existing
passport regulations in order to make
them easier for users to access the
information, to better reflect current
practice and changes in statutory
authority, and to remove outdated
provisions. In general, the proposed
revisions do not mark a departure from
current policy. Rather the Department’s
intent is to bring greater clarity to
DATE:
Note 2: This AD differs from the MCAI
and/or service information as follows: No
differences.
Sfmt 4702
10095
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07MRP1
Agencies
[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Proposed Rules]
[Pages 10093-10095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3987]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26598; Directorate Identifier 2006-CE-87-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Models EMB-110P1 and EMB-110P2 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
the comment period.
-----------------------------------------------------------------------
SUMMARY: We are revising an earlier NPRM for the products listed above.
This proposed AD results from mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as:
It has been found cases of corrosion at regions of Wings-to-
Fuselage attachments, Vertical Stabilizer to Fuselage attachments,
Rib 1 Half-wing and Passenger Seat Tracks. Such corrosion may lead
to subsequent fatigue cracking of the parts affected, reducing the
aircraft structural integrity, which may in turn lead to structural
failure and/or loss of some control surface.
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by April 6, 2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web Site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Fax: (202) 493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
dms.dot.gov; or in person at the Docket Management Facility between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this proposed AD, the regulatory evaluation, any
comments received, and other information. The street address for the
Docket Office (telephone (800) 647-5227) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
901 Locust, Room 301, Kansas City, Missouri, 64106; telephone: (816)
329-4146; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This proposed AD references the MCAI and related service
information that we considered in forming the engineering basis to
correct the unsafe condition. The proposed AD contains text copied from
the MCAI and for this reason might not follow our plain language
principles.
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2006-
26598; Directorate Identifier 2006-CE-87-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this
[[Page 10094]]
proposed AD because of those comments.
We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
January 8, 2007 (72 FR 678). That earlier NPRM proposed to require
actions intended to address the unsafe condition for the products
listed above.
Since that NPRM was issued, the FAA has received three verbal
comments requesting additional time to comment on the proposed rule.
Since the NPRM comment period has already closed, the FAA is granting
this extension by reopening the comment period instead of extending the
comment period.
Relevant Service Information
Embraer--Empresa Brasileira de Aeronutica S.A. (EMBRAER) has issued
Service Bulletin S.B. No.: 110-00-0007, dated May 10, 2006. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no written comments on the NPRM or on the
determination of the cost to the public. We did receive three verbal
comments requesting additional time to comment on the proposed rule.
Since others may want additional time to comment who did not contact
the FAA, we are reopening the comment period for an additional 30 days.
FAA's Determination and Requirements of the Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
We have since determined that the scope of the earlier NPRM made it
difficult for the public to comment within the original comment period.
As a result, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for the public to
comment on the proposed AD.
Differences Between This Proposed AD and the MCAI or Service
Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 42 products of U.S. registry. We also estimate that
it would take about 942 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $3,165,120 or $75,360 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2006-26598; Directorate Identifier 2006-CE-87-AD.
Comments Due Date
(a) We must receive comments by April 6, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Models EMB-110P1 and EMB-110P2 airplanes,
all serial numbers, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 51:
Structures.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found cases of corrosion at regions of Wings-to-
Fuselage attachments, Vertical Stabilizer to Fuselage attachments,
Rib 1 Half-wing and Passenger Seat Tracks.
[[Page 10095]]
Such corrosion may lead to subsequent fatigue cracking of the parts
affected, reducing the aircraft structural integrity, which may in
turn lead to structural failure and/or loss of some control surface.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within the next 30 days or 100 hours time-in-service after
the effective date of this AD, whichever occurs first, carry out a
general visual inspection (GVI) for corrosion at the regions of the
Wings-to-Fuselage attachments, Vertical Stabilizer to Fuselage
attachments, Rib 1 Half-wing, and Passenger Seat Tracks, according
to Parts I, II, and III of the Embraer--Empresa Brasileira de
Aeronutica S.A. (EMBRAER) Service Bulletin S.B. No.: 110-00-0007,
dated May 10, 2006.
(i) All structures found corroded or cracked as a result of the
inspections conducted above, must be addressed prior to further
flight in accordance with detailed instructions and procedures
described in EMBRAER Service Bulletin S.B. No.: 110-00-0007, dated
May 10, 2006.
(ii) Previous accomplishment of the EMBRAER Alert Service
Bulletin S.B. No.: 110-00-A007, dated March 6, 2006, or the
implementation of the tasks above, required by section VI of the
Maintenance Planning Guides TP 110P2/145, PM 110/652, or PM 110/165,
are considered acceptable methods of compliance with the
requirements of (f)(1) of this AD.
(2) Within the next 30 days after the effective date of this AD,
accomplish Part IV of the EMBRAER Service Bulletin S.B. No.: 110-00-
0007, dated May 10, 2006. All structures found corroded or cracked
as a result of the inspections conducted above, must be addressed
prior to further flight in accordance with detailed instructions and
procedures described in EMBRAER Service Bulletin S.B. No.: 110-00-
0007, dated May 10, 2006.
(3) Within the next 12 months after the effective date of this
AD, accomplish Part V of the EMBRAER Service Bulletin S.B. No.: 110-
00-0007, dated May 10, 2006. All structures found corroded or
cracked as a result of the inspections conducted above, must be
addressed prior to further flight in accordance with detailed
instructions and procedures described in EMBRAER Service Bulletin
S.B. No.: 110-00-0007, dated May 10, 2006.
Note 1: For the purpose of this AD a GVI is: ``A visual
examination of an interior or exterior area, installation or
assembly to detect obvious damage, failure, or irregularity. This
level of inspection is made from within touching distance, unless
otherwise specified. A mirror may be necessary to enhance visual
access to all exposed surfaces in the inspection area. This level of
inspection is made under normally available lighting conditions such
as daylight, hangar lighting, flashlight, or drop-light; and may
require removal or opening of access panels or doors. Stands,
ladders, or platforms may be required to gain proximity to the area
being checked.''
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, FAA, ATTN: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et.seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(h) Refer to MCAI National Agency of Civil Aviation (ANAC) AD
No.: 2006-10-01, dated October 25, 2006, EMBRAER Service Bulletin
S.B. No.: 110-00-0007, dated May 10, 2006, and EMBRAER Alert Service
Bulletin S.B. No.: 110-00-A007, dated March 6, 2006 for related
information.
Issued in Kansas City, Missouri, on March 1, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-3987 Filed 3-6-07; 8:45 am]
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