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69628 Federal Register / Vol. 72, No.

236 / Monday, December 10, 2007 / Proposed Rules

PART 915—AVOCADOS GROWN IN Notice of proposed rulemaking


ACTION: FAA, 1601 Lind Avenue, SW., Renton,
SOUTH FLORIDA (NPRM). Washington 98057–3356; telephone
(425) 227–1112; fax (425) 227–1149.
1. The authority citation for 7 CFR SUMMARY: We propose to adopt a new
SUPPLEMENTARY INFORMATION:
parts 915 and 944 continues to read as airworthiness directive (AD) for the
follows: products listed above. This proposed Comments Invited
Authority: 7 U.S.C. 601–674. AD results from mandatory continuing We invite you to send any written
airworthiness information (MCAI) relevant data, views, or arguments about
2. A new paragraph (a)(3) is added to originated by an aviation authority of this proposed AD. Send your comments
§ 915.332 to read as follows: another country to identify and correct to an address listed under the
§ 915.332 Florida avocado maturity an unsafe condition on an aviation ADDRESSES section. Include ‘‘Docket No.
regulation. product. The MCAI describes the unsafe FAA–2007–0299; Directorate Identifier
(a) * * * condition as: 2007–NM–239–AD’’ at the beginning of
(3) Avocados which fail to meet the Subsequent to accidents involving Fuel your comments. We specifically invite
maturity requirements specified in this Tank System explosions in flight * * * and comments on the overall regulatory,
section must be maintained under the on ground, the FAA has published Special economic, environmental, and energy
supervision of the Federal or Federal- Federal Aviation Regulation 88 (SFAR88) aspects of this proposed AD. We will
* * * [which] required * * * [conducting] a consider all comments received by the
State Inspection Service using the design review against explosion risks.
Positive Lot Identification program, and closing date and may amend this
when presented for reinspection, must The unsafe condition is the potential of proposed AD based on those comments.
meet the maturity requirements which ignition sources inside fuel tanks, We will post all comments we
correspond to the date of the original which, in combination with flammable receive, without change, to http://
inspection. fuel vapors, could result in fuel tank www.regulations.gov, including any
explosions and consequent loss of the personal information you provide. We
* * * * *
airplane. The proposed AD would will also post a report summarizing each
PART 944—FRUITS; IMPORT require actions that are intended to substantive verbal contact we receive
REGULATIONS address the unsafe condition described about this proposed AD.
in the MCAI. Discussion
3. A new paragraph (a)(3) is added to DATES: We must receive comments on
§ 944.31 to read as follows: this proposed AD by January 9, 2008. The European Aviation Safety Agency
(EASA), which is the Technical Agent
§ 944.31 Avocado import maturity ADDRESSES: You may send comments by
for the Member States of the European
regulation. any of the following methods: Community, has issued EASA
(a) * * * • Federal eRulemaking Portal: Go to Airworthiness Directive 2007–0167,
(3) Avocados which fail to meet the http://www.regulations.gov. Follow the dated June 15, 2007 (referred to after
maturity requirements specified in this instructions for submitting comments. this as ‘‘the MCAI’’), to correct an unsafe
section must be maintained under the • Fax: (202) 493–2251.
condition for the specified products.
supervision of the Federal or Federal- • Mail: U.S. Department of
The MCAI states:
State Inspection Service using the Transportation, Docket Operations, M–
30, West Building Ground Floor, Room Subsequent to accidents involving Fuel
Positive Lot Identification program, and Tank System explosions in flight * * * and
when presented for reinspection, must W12–140, 1200 New Jersey Avenue, SE.,
on ground, the FAA has published Special
meet the maturity requirements which Washington, DC 20590. Federal Aviation Regulation 88 (SFAR88) in
correspond to the date of the original • Hand Delivery: U.S. Department of June 2001.
inspection. Transportation, Docket Operations, M– In their Letters referenced 04/00/02/07/01–
30, West Building Ground Floor, Room L296 dated March 4th, 2002 and 04/00/02/
* * * * *
W12–40, 1200 New Jersey Avenue, SE., 07/03–L024, dated February 3rd, 2003, the
Dated: December 4, 2007. Washington, DC, between 9 a.m. and 5 JAA (Joint Aviation Authorities)
Lloyd C. Day, p.m., Monday through Friday, except recommended the application of a similar
regulation to the National Aviation
Administrator, Agricultural Marketing Federal holidays.
Authorities (NAA).
Service.
Examining the AD Docket Under this regulation, all holders of type
[FR Doc. E7–23827 Filed 12–7–07; 8:45 am] certificates for passenger transport aircraft
BILLING CODE 3410–02–P You may examine the AD docket on with either a passenger capacity of 30 or
the Internet at http:// more, or a payload capacity of 7,500 pounds
www.regulations.gov; or in person at the (3402 kg) or more, which have received their
Docket Operations office between 9 a.m. certification since January 1st, 1958, are
DEPARTMENT OF TRANSPORTATION and 5 p.m., Monday through Friday, required to conduct a design review against
except Federal holidays. The AD docket explosion risks.
Federal Aviation Administration This Airworthiness Directive (AD), which
contains this proposed AD, the
renders mandatory the modification [6089] of
14 CFR Part 39 regulatory evaluation, any comments improving the sealing of Fuel Access Doors,
received, and other information. The is a consequence of the design review.
[Docket No. FAA–2007–0299; Directorate street address for the Docket Operations The unsafe condition is the potential
Identifier 2007–NM–239–AD] office (telephone (800) 647–5527) is in of ignition sources inside fuel tanks,
the ADDRESSES section. Comments will which, in combination with flammable
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RIN 2120–AA64 be available in the AD docket shortly fuel vapors, could result in fuel tank
after receipt. explosions and consequent loss of the
Airworthiness Directives; Saab Model
SAAB 2000 Airplanes FOR FURTHER INFORMATION CONTACT: airplane. Saab Modification 6089
Shahram Daneshmandi, Aerospace includes removing the fuel tank access
AGENCY:Federal Aviation Engineer, International Branch, ANM– doors and the old type of clamp rings
Administration (FAA), DOT. 116, Transport Airplane Directorate, and gaskets; installing new, improved

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Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Proposed Rules 69629

clamp rings; re-installing the fuel tank which fuel tanks are exposed to these changes, we do not intend to differ
access doors; and doing related flammable conditions is one of these substantively from the information
investigative actions and applicable criteria. The other three criteria address provided in the MCAI and related
corrective actions. Related investigative the failure types under evaluation: service information.
actions and applicable corrective Single failures, single failures in We might also have proposed
actions include inspecting for corrosion combination with a latent condition(s), different actions in this AD from those
of the wing skin panel and access door and in-service failure experience. For all in the MCAI in order to follow FAA
areas, and, as applicable, replacing wear four criteria, the evaluations included policies. Any such differences are
protection; contacting Saab and doing consideration of previous actions taken highlighted in a NOTE within the
repairs if doubler flange is less than that may mitigate the need for further proposed AD.
specified thickness; replacing any action. Costs of Compliance
corroded or damaged foil panel; The Joint Aviation Authorities (JAA)
replacing any damaged sealing ring; has issued a regulation that is similar to Based on the service information, we
removing corrosion from the wing skin SFAR 88. (The JAA is an associated estimate that this proposed AD would
panel; inspecting the access doors for body of the European Civil Aviation affect about 6 products of U.S. registry.
damage and correct installation of the Conference (ECAC) representing the We also estimate that it would take
aluminum panel on the access door; civil aviation regulatory authorities of a about 130 work-hours per product to
and, as applicable, replacing the number of European States who have comply with the basic requirements of
aluminum panel or the entire access agreed to co-operate in developing and this proposed AD. The average labor
door. You may obtain further implementing common safety regulatory rate is $80 per work-hour. Required
information by examining the MCAI in standards and procedures.) Under this parts would cost about $6,400 per
the AD docket. regulation, the JAA stated that all product. Where the service information
The FAA has examined the members of the ECAC that hold type lists required parts costs that are
underlying safety issues involved in fuel certificates for transport category covered under warranty, we have
tank explosions on several large airplanes are required to conduct a assumed that there will be no charge for
transport airplanes, including the design review against explosion risks. these costs. As we do not control
adequacy of existing regulations, the We have determined that the actions warranty coverage for affected parties,
service history of airplanes subject to identified in this AD are necessary to some parties may incur costs higher
those regulations, and existing reduce the potential of ignition sources than estimated here. Based on these
maintenance practices for fuel tank inside fuel tanks, which, in combination figures, we estimate the cost of the
systems. As a result of those findings, with flammable fuel vapors, could result proposed AD on U.S. operators to be
we issued a regulation titled ‘‘Transport in fuel tank explosions and consequent $100,800, or $16,800 per product.
Airplane Fuel Tank System Design loss of the airplane.
Review, Flammability Reduction and Authority for This Rulemaking
Maintenance and Inspection Relevant Service Information Title 49 of the United States Code
Requirements’’ (66 FR 23086, May 7, Saab has issued Service Bulletins specifies the FAA’s authority to issue
2001). In addition to new airworthiness 2000–57–033, dated March 2, 2000, and rules on aviation safety. Subtitle I,
standards for transport airplanes and Revision 01, dated March 31, 2000. The section 106, describes the authority of
new maintenance requirements, this actions described in this service the FAA Administrator. ‘‘Subtitle VII:
rule included Special Federal Aviation information are intended to correct the Aviation Programs,’’ describes in more
Regulation No. 88 (‘‘SFAR 88,’’ unsafe condition identified in the detail the scope of the Agency’s
Amendment 21–78, and subsequent MCAI. authority.
Amendments 21–82 and 21–83). We are issuing this rulemaking under
Among other actions, SFAR 88 FAA’s Determination and Requirements the authority described in ‘‘Subtitle VII,
requires certain type design (i.e., type of This Proposed AD Part A, Subpart III, Section 44701:
certificate (TC) and supplemental type This product has been approved by General requirements.’’ Under that
certificate (STC)) holders to substantiate the aviation authority of another section, Congress charges the FAA with
that their fuel tank systems can prevent country, and is approved for operation promoting safe flight of civil aircraft in
ignition sources in the fuel tanks. This in the United States. Pursuant to our air commerce by prescribing regulations
requirement applies to type design bilateral agreement with the State of for practices, methods, and procedures
holders for large turbine-powered Design Authority, we have been notified the Administrator finds necessary for
transport airplanes and for subsequent of the unsafe condition described in the safety in air commerce. This regulation
modifications to those airplanes. It MCAI and service information is within the scope of that authority
requires them to perform design reviews referenced above. We are proposing this because it addresses an unsafe condition
and to develop design changes and AD because we evaluated all pertinent that is likely to exist or develop on
maintenance procedures if their designs information and determined an unsafe products identified in this rulemaking
do not meet the new fuel tank safety condition exists and is likely to exist or action.
standards. As explained in the preamble develop on other products of the same
to the rule, we intended to adopt Regulatory Findings
type design.
airworthiness directives to mandate any We determined that this proposed AD
changes found necessary to address Differences Between This AD and the would not have federalism implications
unsafe conditions identified as a result MCAI or Service Information under Executive Order 13132. This
of these reviews. We have reviewed the MCAI and proposed AD would not have a
rmajette on PROD1PC64 with PROPOSALS

In evaluating these design reviews, we related service information and, in substantial direct effect on the States, on
have established four criteria intended general, agree with their substance. But the relationship between the national
to define the unsafe conditions we might have found it necessary to use Government and the States, or on the
associated with fuel tank systems that different words from those in the MCAI distribution of power and
require corrective actions. The to ensure the AD is clear for U.S. responsibilities among the various
percentage of operating time during operators and is enforceable. In making levels of government.

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69630 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Proposed Rules

For the reasons discussed above, I with either a passenger capacity of 30 or 2000–57–033, Revision 01, dated March 31,
certify this proposed regulation: more, or a payload capacity of 7,500 pounds 2000; for related information.
1. Is not a ‘‘significant regulatory (3402 kg) or more, which have received their
Issued in Renton, Washington, on
action’’ under Executive Order 12866; certification since January 1st, 1958, are
November 30, 2007.
2. Is not a ‘‘significant rule’’ under the required to conduct a design review against
explosion risks. Stephen P. Boyd,
DOT Regulatory Policies and Procedures This Airworthiness Directive (AD), which Assistant Manager, Transport Airplane
(44 FR 11034, February 26, 1979); and renders mandatory the modification [6089] of Directorate, Aircraft Certification Service.
3. Will not have a significant improving the sealing of Fuel Access Doors, [FR Doc. E7–23869 Filed 12–7–07; 8:45 am]
economic impact, positive or negative, is a consequence of the design review. BILLING CODE 4910–13–P
on a substantial number of small entities The unsafe condition is the potential of
under the criteria of the Regulatory ignition sources inside fuel tanks, which, in
Flexibility Act. combination with flammable fuel vapors, DEPARTMENT OF TRANSPORTATION
We prepared a regulatory evaluation could result in fuel tank explosions and
of the estimated costs to comply with consequent loss of the airplane. Federal Aviation Administration
this proposed AD and placed it in the Actions and Compliance
AD docket. 14 CFR Part 39
(f) Within 48 months after the effective
List of Subjects in 14 CFR Part 39 date of this AD, unless already done, do [Docket No. FAA–2007–0286; Directorate
Modification 6089 and all related Identifier 2007–CE–086–AD]
Air transportation, Aircraft, Aviation investigative actions and applicable
safety, Safety. corrective actions, in accordance with the RIN 2120–AA64
The Proposed Amendment Accomplishment Instructions of Saab Service
Bulletin 2000–57–033, dated March 2, 2000; Airworthiness Directives; Taylorcraft
Accordingly, under the authority or Revision 01, dated March 31, 2000. Do all Aviation, LLC A, B, and F Series
delegated to me by the Administrator, applicable related investigative and Airplanes
the FAA proposes to amend 14 CFR part corrective actions before further flight.
39 as follows: FAA AD Differences
AGENCY: Federal Aviation
Administration (FAA), Department of
PART 39—AIRWORTHINESS Note 1: This AD differs from the MCAI Transportation (DOT).
DIRECTIVES and/or service information as follows: No
ACTION: Notice of proposed rulemaking
differences.
1. The authority citation for part 39 (NPRM).
continues to read as follows: Other FAA AD Provisions
SUMMARY: We propose to supersede
Authority: 49 U.S.C. 106(g), 40113, 44701. (g) The following provisions also apply to
this AD: Airworthiness Directive (AD) AD 2007–
§ 39.13 [Amended] (1) Alternative Methods of Compliance 16–14, which applies to all Taylorcraft
(AMOCs): The Manager, International Aviation, LLC (Taylorcraft) A, B, and F
2. The FAA amends § 39.13 by adding series airplanes. AD 2007–16–14
Branch, ANM–116, Transport Airplane
the following new AD: Directorate, FAA, has the authority to currently requires you to do an initial
Saab Aircraft AB: Docket No. FAA–2007– approve AMOCs for this AD, if requested visual inspection of the left and right
0299; Directorate Identifier 2007–NM– using the procedures found in 14 CFR 39.19. wing front and aft lift struts for cracks
239–AD. Send information to ATTN: Shahram and corrosion and replace any cracked
Daneshmandi, Aerospace Engineer,
Comments Due Date
International Branch, ANM–116, Transport strut or strut with corrosion that exceeds
(a) We must receive comments by January Airplane Directorate, FAA, 1601 Lind certain limits. If the strut is replaced
9, 2008. Avenue, SW., Renton, Washington 98057– with an original design vented strut, AD
Affected ADs 3356; telephone (425) 227–1112; fax (425) 2007–16–14 requires you to repetitively
227–1149. Before using any approved AMOC inspect those struts thereafter. Since we
(b) None. on any airplane to which the AMOC applies, issued AD 2007–16–14, we determined
Applicability notify your appropriate principal inspector that the eddy current inspection method
(PI) in the FAA Flight Standards District does not address the unsafe condition
(c) This AD applies to Saab Model SAAB
Office (FSDO), or lacking a PI, your local
2000 airplanes, all serial numbers, for the long term. We also determined
FSDO.
certificated in any category. that Models FA–III and TG–6 airplanes
(2) Airworthy Product: For any requirement
Subject in this AD to obtain corrective actions from are not equipped with the affected
a manufacturer or other source, use these struts. Consequently, this proposed AD
(d) Air Transport Association (ATA) of
America Code 57: Wings. actions if they are FAA-approved. Corrective would retain the actions required in AD
actions are considered FAA-approved if they 2007–16–14, except it removes the eddy
Reason are approved by the State of Design Authority current inspection method (provides 24-
(e) The mandatory continuing (or their delegated agent). You are required month credit if already done using this
airworthiness information (MCAI) states: to assure the product is airworthy before it method), adds the radiograph method as
Subsequent to accidents involving Fuel is returned to service.
an inspection method, changes the
Tank System explosions in flight * * * and (3) Reporting Requirements: For any
on ground, the FAA has published Special reporting requirement in this AD, under the Applicability section, and changes the
Federal Aviation Regulation 88 (SFAR88) in provisions of the Paperwork Reduction Act, compliance time between the repetitive
June 2001. the Office of Management and Budget (OMB) inspections. We are issuing this
In their Letters referenced 04/00/02/07/01– has approved the information collection proposed AD to detect and correct
L296 dated March 4th, 2002 and 04/00/02/ requirements and has assigned OMB Control cracks and corrosion in the right and left
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07/03–L024, dated February 3rd, 2003, the Number 2120–0056. wing front and aft lift struts. This
JAA (Joint Aviation Authorities) condition, if not corrected, could result
recommended the application of a similar Related Information
in failure of the lift strut and lead to in-
regulation to the National Aviation (h) Refer to MCAI EASA Airworthiness
Authorities (NAA). Directive 2007–0167, dated June 15, 2007; flight separation of the wing.
Under this regulation, all holders of type Saab Service Bulletin 2000–57–033, dated DATES: We must receive comments on
certificates for passenger transport aircraft March 2, 2000; and Saab Service Bulletin this proposed AD by January 9, 2008.

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