Proposed Rule: Airworthiness Directives: Fokker

46572 Federal Register / Vol. 72, No.
161 / Tuesday, August 21, 2007 / Proposed Rules
that it is not necessary to prepare a Western initiates or uses to develop the § 905.23 What are the opportunities for
Family Policymaking Assessment. proposed regulation revisions are using the Freedom of Information Act to
available for inspection and copying at request data?
I. Review Under the Treasury and IRPs, small customer plans, minimum
Western’s Corporate Services Office in
General Government Appropriations investment reports, public benefits
Lakewood, Colorado. Many of these
Act, 2001
documents and supporting information reports, and EE/RE reports and
The Treasury and General are also available on Western’s Web site associated data submitted to Western
Government Appropriations Act, 2001 located at http://www.wapa.gov. are subject to the Freedom of
(44 U.S.C. 3516 note) provides for Any information that a commenter Information Act (FOIA) and may be
agencies to review most disseminations considers to be confidential must be so made available to the public upon
of information to the public under identified and submitted in writing, one request. Customers may request
guidelines established by each agency copy only. Western reserves the right to confidential treatment of all or part of a
pursuant to general guidelines issued by determine the appropriateness of submitted document under applicable
the Office of Management and Budget confidential status for the information FOIA exemptions. Western’s FOIA
(OMB). OMB’s guidelines were and to treat it in accordance with its Officer will make his/her own
published at 67 FR 8452 (February 22, determination. determination whether particular
2002), and DOE’s guidelines were information is exempt from public
published at 67 FR 62446 (October 7, IV. Approval of the Office of the access. Western will not disclose to the
2002). Western has reviewed today’s Secretary public information it has determined to
notice under the OMB and DOE be exempt from disclosure under FOIA.
The Secretary of Energy has approved
guidelines and has concluded that it is Western will make customer IRPs
the publication of today’s proposed rule.
consistent with applicable policies in available to the public, such as through
those guidelines. List of Subjects in 10 CFR Part 905 posting them on Western’s external Web
J. Review Under Executive Order 13211 Electric power, Electric utilities, site, subject to the same confidentiality
Energy, Energy conservation, determinations made in response to
Executive Order 13211, ‘‘Actions
Hydroelectric power and utilities, FOIA requests.
Concerning Regulations That
Significantly Affect Energy Supply, Reporting and recordkeeping [FR Doc. E7–16477 Filed 8–20–07; 8:45 am]
Distribution, or Use’’ (66 FR 28355, May requirements. BILLING CODE 6450–01–P
22, 2001), requires Federal agencies to Dated: August 6, 2007.
prepare and submit to the Office of Timothy J. Meeks,
Information and Regulatory Affairs Administrator. DEPARTMENT OF TRANSPORTATION
(OIRA), Office of Management and
Budget, a Statement of Energy Effects for For the reasons set forth in the Federal Aviation Administration
any proposed significant energy action. supplementary information section, 10
A ‘‘significant energy action’’ is defined CFR part 905 is proposed to be amended 14 CFR Part 39
as: (1) Any action by an agency that as set forth below.
[Docket No. FAA–2007–29030; Directorate
promulgated or is expected to lead to Identifier 2006–NM–284–AD]
PART 905—ENERGY PLANNING AND
promulgation of a final rule; (2) is a
MANAGEMENT PROGRAM RIN 2120–AA64
significant regulatory action under
Executive Order 12866, or any successor 1. The authority citation is revised to
order; and (3) is likely to have a Airworthiness Directives; Fokker
read as follows: Model F.28 Mark 0070, 0100, 1000,
significant adverse effect on the supply,
distribution, or use of energy, or is Authority: 42 U.S.C. 7152, 7191; 42 U.S.C. 2000, 3000, and 4000 Airplanes
7275–7276c.
designated by the Administrator of AGENCY: Federal Aviation
OIRA as a significant energy action. For § 905.11 [Amended] Administration (FAA), DOT.
any proposed significant energy action, 2. Section 905.11(b)(4)(i) is amended ACTION: Notice of proposed rulemaking
the agency must give a detailed by removing ‘‘and each MBA member (NPRM).
statement of any adverse effects on (such as a board of directors or city
energy supply, distribution, or use council)’’; and by removing ‘‘included SUMMARY: We propose to adopt a new
should the proposal be implemented, or referred to in the IRP’’. airworthiness directive (AD) for the
and of reasonable alternatives to the products listed above. This proposed
3. Section 905.12 is amended by
action and their expected benefits on AD results from mandatory continuing
adding paragraph (b)(4) to read as
energy supply, distribution, and use. airworthiness information (MCAI)
follows:
Today’s regulatory action is not a originated by an aviation authority of
significant energy action. Accordingly, § 905.12 How must IRPs be submitted? another country to identify and correct
Western has not prepared a Statement of (b) * * * an unsafe condition on an aviation
Energy Effects. product. The MCAI describes the unsafe
(4) Customers may work together to
III. Public Comment Procedures develop and submit regional IRPs. condition as:
Interested persons are invited to Customers who wish to submit regional Subsequent to accidents involving Fuel
IRPs must first obtain approval by Tank System explosions in flight * * * and
participate by submitting data, views, or on ground, * * * Special Federal Aviation
arguments with respect to the proposed Western to do so. Regional IRPs must be
rmajette on PROD1PC64 with PROPOSALS
approved individually by each Regulation 88 (SFAR88) * * * required a

amendments to part 905 set forth in this safety review of the aircraft Fuel Tank
notice. Written comments should be participating customer prior to System * * *.
submitted to the address indicated in submittal of the IRP to Western.
* * * * *
the ADDRESSES section of this notice. All * * * * * Fuel Airworthiness Limitations are items
brochures, studies, comments, letters, 4. Section 905.23 is revised to read as arising from a systems safety analysis that
memorandums, or other documents that follows: have been shown to have failure mode(s)
VerDate Aug<31>2005 15:07 Aug 20, 2007 Jkt 211001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\21AUP1.SGM 21AUP1
Federal Register / Vol. 72, No. 161 / Tuesday, August 21, 2007 / Proposed Rules 46573
associated with an ‘‘unsafe condition’’ * * *. requirements. We also continue to meet prevention (EASA D 2005/CPRO, http://
These are identified in Failure Conditions for our technical decision-making www.easa.eu.int/home/
which an unacceptable probability of ignition responsibilities to identify and correct cert_policy_statements_en.html) that also
risk could exist if specific tasks and/or included the EASA expectations with regard
unsafe conditions on U.S.-certificated to compliance times of the corrective actions
practices are not performed in accordance
with the manufacturers’ requirements.
products. on the unsafe and the not unsafe part of the
This proposed AD references the harmonised design review results. On a
The proposed AD would require MCAI and related service information global scale the TC (type certificate) holders
actions that are intended to address the that we considered in forming the committed themselves to the EASA
unsafe condition described in the MCAI. engineering basis to correct the unsafe published compliance dates (see EASA
DATES: We must receive comments on condition. The proposed AD contains policy statement). The EASA policy
this proposed AD by September 20, text copied from the MCAI and for this statement has been revised in March 2006:
The date of 31–12–2005 for the unsafe related
2007. reason might not follow our plain actions has now been set at 01–07–2006.
ADDRESSES: You may send comments by language principles. Fuel Airworthiness Limitations are items
any of the following methods: Comments Invited arising from a systems safety analysis that
• DOT Docket Web Site: Go to have been shown to have failure mode(s)
We invite you to send any written associated with an ‘‘unsafe condition’’ as
http://dms.dot.gov and follow the
relevant data, views, or arguments about defined in FAA’s memo 2003–112–15 ‘‘SFAR
instructions for sending your comments 88—Mandatory Action Decision Criteria’’.
this proposed AD. Send your comments
electronically. These are identified in Failure Conditions for
to an address listed under the
• Fax: (202) 493–2251. which an unacceptable probability of ignition
ADDRESSES section. Include ‘‘Docket No.
• Mail: U.S. Department of risk could exist if specific tasks and/or
FAA–2007–29030; Directorate Identifier
Transportation, Docket Operations, M– practices are not performed in accordance
2006–NM–284–AD’’ at the beginning of with the manufacturers’ requirements.
30, West Building Ground Floor, Room
your comments. We specifically invite This EASA Airworthiness Directive
W12–140, 1200 New Jersey Avenue, SE.,
comments on the overall regulatory, mandates the Fuel System Airworthiness
Washington, DC 20590.
• Hand Delivery: Room W12–140 on economic, environmental, and energy Limitations, comprising maintenance/
aspects of this proposed AD. We will inspection tasks and Critical Design
the ground floor of the West Building, Configuration Control Limitations (CDCCL)
1200 New Jersey Avenue, SE., consider all comments received by the
closing date and may amend this for the type of aircraft, that resulted from the
Washington, DC, between 9 a.m. and 5 design reviews and the JAA recommendation
p.m., Monday through Friday, except proposed AD based on those comments. and EASA policy statement mentioned
We will post all comments we above.
Federal holidays.
receive, without change, to http://
• Federal eRulemaking Portal: http:// The corrective action includes
dms.dot.gov, including any personal
www.regulations.gov. Follow the revising the Airworthiness Limitations
information you provide. We will also
instructions for submitting comments. Section of the Instructions for
post a report summarizing each
Examining the AD Docket substantive verbal contact we receive Continued Airworthiness for certain
about this proposed AD. airplanes, and the FAA-approved
You may examine the AD docket on maintenance program for certain other
the Internet at http://dms.dot.gov; or in Discussion airplanes, to incorporate new
person at the Docket Operations office The European Aviation Safety Agency limitations for fuel tank systems. You
between 9 a.m. and 5 p.m., Monday (EASA), which is the Technical Agent may obtain further information by
through Friday, except Federal holidays. for the Member States of the European examining the MCAI in the AD docket.
The AD docket contains this proposed Community, has issued EASA The FAA has examined the
AD, the regulatory evaluation, any Airworthiness Directive 2006–0206, underlying safety issues involved in fuel
comments received, and other dated June 11, 2006, and EASA tank explosions on several large
information. The street address for the Airworthiness Directive 2006–0208, transport airplanes, including the
Docket Operations office (telephone dated July 12, 2006 (referred to after this adequacy of existing regulations, the
(800) 647–5527) is in the ADDRESSES as ‘‘the MCAI’’), to correct an unsafe service history of airplanes subject to
section. Comments will be available in condition for the specified products. those regulations, and existing
the AD docket shortly after receipt. The MCAI states: maintenance practices for fuel tank
FOR FURTHER INFORMATION CONTACT: Tom systems. As a result of those findings,
Subsequent to accidents involving Fuel
Rodriguez, Aerospace Engineer, Tank System explosions in flight * * * and we issued a regulation titled ‘‘Transport
International Branch, ANM–116, FAA, on ground, the FAA published Special Airplane Fuel Tank System Design
Transport Airplane Directorate, 1601 Federal Aviation Regulation 88 (SFAR 88) in Review, Flammability Reduction and
Lind Avenue, SW., Renton, Washington June 2001. SFAR 88 required a safety review Maintenance and Inspection
98057–3356; telephone (425) 227–1137; of the aircraft Fuel Tank System to determine Requirements’’ (66 FR 23086, May 7,
fax (425) 227–1149. that the design meets the requirements of 2001). In addition to new airworthiness
FAR (Federal Aviation Regulation) § 25.901 standards for transport airplanes and
SUPPLEMENTARY INFORMATION:
and § 25.981(a) and (b).
A similar regulation has been new maintenance requirements, this
Streamlined Issuance of AD rule included Special Federal Aviation
recommended by the JAA (Joint Aviation
The FAA is implementing a new Authorities) to the European National Regulation No. 88 (‘‘SFAR 88,’’
process for streamlining the issuance of Aviation Authorities in JAA letter 04/00/02/ Amendment 21–78, and subsequent
ADs related to MCAI. This streamlined 07/03–L024 of 3 February 2003. The review Amendments 21–82 and 21–83).
process will allow us to adopt MCAI was requested to be mandated by NAA’s Among other actions, SFAR 88
safety requirements in a more efficient (National Aviation Authorities) using JAR requires certain type design (i.e., type
manner and will reduce safety risks to (Joint Aviation Regulation) § 25.901(c), certificate (TC) and supplemental type
§ 25.1309.
the public. This process continues to In August 2005 EASA published a policy certificate (STC)) holders to substantiate
follow all FAA AD issuance processes to statement on the process for developing that their fuel tank systems can prevent
meet legal, economic, Administrative instructions for maintenance and inspection ignition sources in the fuel tanks. This
Procedure Act, and Federal Register of Fuel Tank System ignition source requirement applies to type design
46574 Federal Register / Vol. 72, No. 161 / Tuesday, August 21, 2007 / Proposed Rules
holders for large turbine-powered FAA’s Determination and Requirements is within the scope of that authority
transport airplanes and for subsequent of This Proposed AD because it addresses an unsafe condition
modifications to those airplanes. It This product has been approved by that is likely to exist or develop on
requires them to perform design reviews the aviation authority of another products identified in this rulemaking
and to develop design changes and country, and is approved for operation action.
maintenance procedures if their designs in the United States. Pursuant to our Regulatory Findings
do not meet the new fuel tank safety bilateral agreement with the State of
standards. As explained in the preamble Design Authority, we have been notified We determined that this proposed AD
of the unsafe condition described in the would not have federalism implications
to the rule, we intended to adopt
MCAI and service information under Executive Order 13132. This
airworthiness directives to mandate any
referenced above. We are proposing this proposed AD would not have a
changes found necessary to address
AD because we evaluated all pertinent substantial direct effect on the States, on
unsafe conditions identified as a result the relationship between the national
of these reviews. information and determined an unsafe
condition exists and is likely to exist or Government and the States, or on the
In evaluating these design reviews, we develop on other products of the same distribution of power and
have established four criteria intended type design. responsibilities among the various
to define the unsafe conditions levels of government.
associated with fuel tank systems that Differences Between This AD and the For the reasons discussed above, I
require corrective actions. The MCAI or Service Information certify this proposed regulation:
percentage of operating time during We have reviewed the MCAI and 1. Is not a ‘‘significant regulatory
which fuel tanks are exposed to related service information and, in action’’ under Executive Order 12866;
flammable conditions is one of these general, agree with their substance. But 2. Is not a ‘‘significant rule’’ under the
criteria. The other three criteria address we might have found it necessary to use DOT Regulatory Policies and Procedures
the failure types under evaluation: different words from those in the MCAI (44 FR 11034, February 26, 1979); and
to ensure the AD is clear for U.S. 3. Will not have a significant
single failures, single failures in
operators and is enforceable. In making economic impact, positive or negative,
combination with a latent condition(s),
these changes, we do not intend to differ on a substantial number of small entities
and in-service failure experience. For all
substantively from the information under the criteria of the Regulatory
four criteria, the evaluations included Flexibility Act.
consideration of previous actions taken provided in the MCAI and related
service information. We prepared a regulatory evaluation
that may mitigate the need for further of the estimated costs to comply with
We might also have proposed
action. different actions in this AD from those this proposed AD and placed it in the
The Joint Aviation Authorities (JAA) in the MCAI in order to follow FAA AD docket.
has issued a regulation that is similar to policies. Any such differences are List of Subjects in 14 CFR Part 39
SFAR 88. (The JAA is an associated highlighted in a Note within the
body of the European Civil Aviation proposed AD. Air transportation, Aircraft, Aviation
Conference (ECAC) representing the safety, Safety.
Costs of Compliance
civil aviation regulatory authorities of a The Proposed Amendment
number of European States who have Based on the service information, we
estimate that this proposed AD would Accordingly, under the authority
agreed to co-operate in developing and
affect about 18 products of U.S. registry. delegated to me by the Administrator,
implementing common safety regulatory
We also estimate that it would take the FAA proposes to amend 14 CFR part
standards and procedures.) Under this 39 as follows:
about 1 work-hour per product to
regulation, the JAA stated that all
comply with the basic requirements of
members of the ECAC that hold type PART 39—AIRWORTHINESS
this proposed AD. The average labor
certificates for transport category rate is $80 per work-hour. Based on DIRECTIVES
airplanes are required to conduct a these figures, we estimate the cost of the
design review against explosion risks. 1. The authority citation for part 39
proposed AD on U.S. operators to be continues to read as follows:
We have determined that the actions $1,440, or $80 per product.
Authority: 49 U.S.C. 106(g), 40113, 44701.
identified in this AD are necessary to
Authority for This Rulemaking
reduce the potential of ignition sources § 39.13 [Amended]
inside fuel tanks, which, in combination Title 49 of the United States Code
2. The FAA amends § 39.13 by adding
with flammable fuel vapors, could result specifies the FAA’s authority to issue
the following new AD:
in fuel tank explosions and consequent rules on aviation safety. Subtitle I,
section 106, describes the authority of Fokker Services B.V.: Docket No. FAA–
loss of the airplane. 2007–29030; Directorate Identifier 2006–
the FAA Administrator. ‘‘Subtitle VII:
Relevant Service Information Aviation Programs,’’ describes in more NM–284–AD.
detail the scope of the Agency’s Comments Due Date
Fokker Services B.V. has issued authority. (a) We must receive comments by
Fokker Service Bulletin F28/28–050, We are issuing this rulemaking under September 20, 2007.
dated June 30, 2006; and Fokker 70/100 the authority described in ‘‘Subtitle VII,
Fuel Airworthiness Limitation Items Part A, Subpart III, Section 44701: Affected ADs
(ALI) and Critical Design Configuration General requirements.’’ Under that (b) None.
Control Limitations (CDCCL) Report SE– section, Congress charges the FAA with Applicability
672, Issue 1, dated January 31, 2006. promoting safe flight of civil aircraft in (c) This AD applies to Fokker Model F.28
The actions described in this service air commerce by prescribing regulations Mark 0070 and 0100 airplanes, all serial
information are intended to correct the for practices, methods, and procedures numbers, certificated in any category; and
unsafe condition identified in the the Administrator finds necessary for Model F.28 Mark 1000, 2000, 3000, and 4000
MCAI. safety in air commerce. This regulation airplanes, serial numbers 11003 through
Federal Register / Vol. 72, No. 161 / Tuesday, August 21, 2007 / Proposed Rules 46575
11241, 11991 and 11992, certificated in any This EASA Airworthiness Directive 672, Issue 1, dated January 31, 2006; or
category. mandates the Fuel System Airworthiness Fokker Service Bulletin F28/28–050, dated
Note 1: This AD requires revisions to Limitations, comprising maintenance/ June 30, 2006.
certain operator maintenance documents to inspection tasks and Critical Design (3) Where Fokker 70/100 Fuel
include new inspections. Compliance with Configuration Control Limitations (CDCCL) Airworthiness Limitation Items (ALI) and
these inspections is required by 14 CFR for the type of aircraft, that resulted from the Critical Design Configuration Control
91.403(c). For airplanes that have been design reviews and the JAA recommendation Limitations (CDCCLs) Report SE–672, Issue
previously modified, altered, or repaired in and EASA policy statement mentioned 1, dated January 31, 2006; and Fokker Service
the areas addressed by these inspections, the above. Bulletin F28/28–050, dated June 30, 2006;
operator may not be able to accomplish the The corrective action includes revising the allow for exceptional short-term extensions,
inspections described in the revisions. In this Airworthiness Limitations Section of the an exception is acceptable to the FAA if it
situation, to comply with 14 CFR 91.403(c), Instructions for Continued Airworthiness for is approved by the appropriate principal
the operator must request approval for an certain airplanes, and the FAA-approved inspector in the FAA Flight Standards
alternative method of compliance according maintenance program for certain other Certificate Holding District Office.
to paragraph (g) of this AD. The request airplanes, to incorporate new limitations for (4) Except as provided by paragraph (g)(1)
should include a description of changes to fuel tank systems. of this AD: After accomplishing the actions
the required inspections that will ensure the specified in paragraphs (f)(1) and (f)(2) of this
Actions and Compliance AD, no alternative inspection, inspection
continued damage tolerance of the affected
structure. The FAA has provided guidance (f) Unless already done, do the following intervals, or CDCCLs may be used.
for this determination in Advisory Circular actions. Note 2: For Model F.28 Mark 1000, 2000,
(AC) 25.1529–1. (1) Within 3 months after the effective date 3000, and 4000 airplanes, after an operator
of this AD, do the action in paragraph (f)(1)(i) complies with the requirements of
Subject or (f)(1)(ii) of this AD, as applicable. For all paragraphs (f)(1)(ii) and (f)(2)(ii) of this AD,
(d) Transport Association (ATA) of identified tasks, the initial compliance time those paragraphs do not require that
America Code 28: Fuel. starts from the effective date of this AD. The operators subsequently record
repetitive inspections must be accomplished accomplishment of those requirements each
Reason thereafter at the intervals not to exceed those time an applicable action is accomplished
(e) The mandatory continuing specified in Fokker 70/100 Fuel according to that operator’s FAA-approved
airworthiness information (MCAI) states: Airworthiness Limitation Items (ALI) and maintenance inspection program.
Subsequent to accidents involving Fuel Critical Design Configuration Control
Tank System explosions in flight * * * and Limitations (CDCCL) Report SE–672, Issue 1, FAA AD Differences
on ground, the FAA published Special dated January 31, 2006; or Fokker Service
Note 3: This AD differs from the MCAI
Federal Aviation Regulation 88 (SFAR 88) in Bulletin F28/28–050, dated June 30, 2006; as and/or service information as follows: No
June 2001. SFAR 88 required a safety review applicable; except as provided by paragraph differences.
of the aircraft Fuel Tank System to determine (f)(3) of this AD.
that the design meets the requirements of (i) For Model F.28 Mark 0070 and 0100 Other FAA AD Provisions
FAR (Federal Aviation Regulation) § 25.901 airplanes, revise the Airworthiness
(g) The following provisions also apply to
and § 25.981(a) and (b). Limitations Section (ALS) of the Instructions
this AD:
A similar regulation has been for Continued Airworthiness to incorporate
(1) Alternative Methods of Compliance
recommended by the JAA (Joint Aviation the limits specified in Fokker 70/100 Fuel
(AMOCs): The Manager, International
Authorities) to the European National Airworthiness Limitation Items (ALI) and
Branch, ANM–116, FAA, has the authority to
Aviation Authorities in JAA letter 04/00/02/ Critical Design Configuration Control
approve AMOCs for this AD, if requested
07/03–L024 of 3 February 2003. The review Limitations (CDCCL) Report SE–672, Issue 1, using the procedures found in 14 CFR 39.19.
was requested to be mandated by NAA’s dated January 31, 2006; or Fokker Service Send information to ATTN: Tom Rodriguez,
(National Aviation Authorities) using JAR Bulletin F28/28–050, dated June 30, 2006; as Aerospace Engineer, International Branch,
(Joint Aviation Regulation) § 25.901(c), applicable. ANM–116, FAA, Transport Airplane
§ 25.1309. (ii) For Model F.28 Mark 1000, 2000, 3000, Directorate, 1601 Lind Avenue, SW., Renton,
In August 2005 EASA published a policy and 4000 airplanes, incorporate into the Washington 98057–3356; telephone (425)
statement on the process for developing FAA-approved maintenance inspection 227–1137; fax (425) 227–1149. Before using
instructions for maintenance and inspection program the limits specified in Fokker 70/ any approved AMOC on any airplane to
of Fuel Tank System ignition source 100 Fuel Airworthiness Limitation Items which the AMOC applies, notify your
prevention (EASA D 2005/CPRO, http:// (ALI) and Critical Design Configuration appropriate principal inspector (PI) in the
www.easa.eu.int/home/ Control Limitations (CDCCL) Report SE–672, FAA Flight Standards District Office (FSDO),
cert_policy_statements_en.html) that also Issue 1, dated January 31, 2006; or Fokker or lacking a PI, your local FSDO.
included the EASA expectations with regard Service Bulletin F28/28–050, dated June 30, (2) Airworthy Product: For any requirement
to compliance times of the corrective actions 2006. in this AD to obtain corrective actions from
on the unsafe and the not unsafe part of the (2) Within 3 months after the effective date a manufacturer or other source, use these
harmonised design review results. On a of this AD, do the action in paragraph (f)(2)(i) actions if they are FAA-approved. Corrective
global scale the TC (type certificate) holders or (f)(2)(ii) of this AD, as applicable. actions are considered FAA-approved if they
committed themselves to the EASA (i) For Model F.28 Mark 0070 and 0100 are approved by the State of Design Authority
published compliance dates (see EASA airplanes, revise the Airworthiness (or their delegated agent). You are required
policy statement). The EASA policy Limitations Section (ALS) of the Instructions to assure the product is airworthy before it
statement has been revised in March 2006: for Continued Airworthiness to incorporate is returned to service.
the date of 31–12–2005 for the unsafe related the CDCCLs as defined in Fokker 70/100 Fuel (3) Reporting Requirements: For any
actions has now been set at 01–07–2006. Airworthiness Limitation Items (ALI) and reporting requirement in this AD, under the
Fuel Airworthiness Limitations are items Critical Design Configuration Control provisions of the Paperwork Reduction Act,
arising from a systems safety analysis that Limitations (CDCCLs) Report SE–672, Issue the Office of Management and Budget (OMB)
have been shown to have failure mode(s) 1, dated January 31, 2006; or Fokker Service has approved the information collection
associated with an ‘unsafe condition’ as Bulletin F28/28–050, dated June 30, 2006. requirements and has assigned OMB Control
defined in FAA’s memo 2003–112–15 ‘SFAR (ii) For Model F.28 Mark 1000, 2000, 3000, Number 2120–0056.
88—Mandatory Action Decision Criteria’. and 4000 airplanes, incorporate into the
These are identified in Failure Conditions for FAA-approved maintenance inspection Related Information
which an unacceptable probability of ignition program the CDCCLs as defined in Fokker (h) Refer to MCAI European Aviation
risk could exist if specific tasks and/or 70/100 Fuel Airworthiness Limitation Items Safety Agency (EASA) Airworthiness
practices are not performed in accordance (ALI) and Critical Design Configuration Directive 2006–0206, dated June 11, 2006;
with the manufacturers’ requirements. Control Limitations (CDCCLs) Report SE– EASA Airworthiness Directive 2006–0208,
46576 Federal Register / Vol. 72, No. 161 / Tuesday, August 21, 2007 / Proposed Rules
dated July 12, 2006; Fokker 70/100 Fuel ADDRESSES: Use one of the following You may review the DOT’s complete
Airworthiness Limitation Items (ALI) and addresses to submit comments on this Privacy Act Statement in the Federal
Critical Design Configuration Control supplemental NPRM. Register published on April 11, 2000
Limitations (CDCCL) Report SE–672, Issue 1,
dated January 31, 2006; and Fokker Service
• DOT Docket Web site: Go to http:// (65 FR 19477–78), or you may visit
Bulletin F28/28–050, dated June 30, 2006; for dms.dot.gov and follow the instructions http://dms.dot.gov.
related information. for sending your comments
Examining the Docket
electronically.
Issued in Renton, Washington, on August
14, 2007. • Government-wide rulemaking Web You may examine the AD docket on
site: Go to http://www.regulations.gov the Internet at http://dms.dot.gov, or in
Stephen P. Boyd, person at the Docket Operations office
and follow the instructions for sending
Acting Manager, Transport Airplane between 9 a.m. and 5 p.m., Monday
your comments electronically.
Directorate, Aircraft Certification Service.
• Mail: U.S. Department of through Friday, except Federal holidays.
[FR Doc. E7–16426 Filed 8–20–07; 8:45 am] The Docket Operations office (telephone
Transportation, Docket Operations, M–
BILLING CODE 4910–13–P
30, West Building, Ground Floor, Room (800) 647–5527) is located on the
W12–140, 1200 New Jersey Avenue, SE., ground floor of the West Building at the
Washington, DC 20590. street address stated in the ADDRESSES
DEPARTMENT OF TRANSPORTATION
• Fax: (202) 493–2251. section. Comments will be available in
Federal Aviation Administration • Hand Delivery: Room W12–140 on the AD docket shortly after the Docket
the ground floor of the West Building, Management System receives them.
14 CFR Part 39 1200 New Jersey Avenue, SE., Discussion
Washington, DC, between 9 a.m. and 5
[Docket No. FAA–2005–22623; Directorate p.m., Monday through Friday, except We proposed to amend 14 CFR part
Identifier 2004–NM–80–AD] Federal holidays. 39 with a notice of proposed rulemaking
RIN 2120–AA64 Contact Boeing Commercial (NPRM) for an AD (the ‘‘original
Airplanes, P.O. Box 3707, Seattle, NPRM’’) for all Boeing Model 767
Airworthiness Directives; Boeing Washington 98124–2207, for service airplanes. The original NPRM was
Model 767 Airplanes information identified in this proposed published in the Federal Register on
AD. October 7, 2005 (70 FR 58620). The
AGENCY: Federal Aviation original NPRM proposed to require the
Administration (FAA), Department of FOR FURTHER INFORMATION CONTACT:
following actions for the drive
Transportation (DOT). Kelly McGuckin, Aerospace Engineer,
mechanism of the horizontal stabilizer:
ACTION: Supplemental notice of Systems and Equipment Branch, ANM–
Repetitive detailed inspections for
proposed rulemaking (NPRM); 130S, FAA, Seattle Airplane
discrepancies and loose ball bearings;
reopening of comment period. Certification Office, 1601 Lind Avenue,
repetitive lubrication of the ballnut and
SW., Renton, Washington 98057–3356;
SUMMARY: The FAA is revising an earlier
ballscrew; repetitive measurements of
telephone (425) 917–6490; fax (425)
proposed airworthiness directive (AD) the freeplay between the ballnut and the
917–6590.
for all Boeing Model 767 airplanes. The ballscrew; and corrective action if
SUPPLEMENTARY INFORMATION: necessary.
original NPRM would have required the
following actions for the drive Comments Invited Actions Since Original NPRM Was
mechanism of the horizontal stabilizer: We invite you to submit any relevant Issued
Repetitive detailed inspections for written data, views, or arguments Since we issued the original NPRM,
discrepancies and loose ball bearings; regarding this supplemental NPRM. Boeing has revised certain service
repetitive lubrication of the ballnut and Send your comments to an address information to add initial and repetitive
ballscrew; repetitive measurements of listed in the ADDRESSES section. Include inspections of the ballscrew-to-ballnut
the freeplay between the ballnut and the the docket number ‘‘Docket No. FAA– freeplay for certain airplanes, and to add
ballscrew; and corrective action if 2005–22623; Directorate Identifier a new compliance time for those
necessary. The original NPRM resulted 2004–NM–80–AD’’ at the beginning of inspections.
from a report of extensive corrosion of your comments. We specifically invite
a ballscrew in the drive mechanism of comments on the overall regulatory, Relevant Service Information
the horizontal stabilizer on a similar economic, environmental, and energy We have reviewed the following
airplane model. This action revises the aspects of this supplemental NPRM. We service bulletins:
original NPRM by including additional will consider all comments received by • Boeing Service Bulletin 767–
initial and repetitive inspections of the the closing date and may amend this 27A0194, Revision 2, dated July 13,
ballscrew-to-ballnut freeplay for certain supplemental NPRM in light of those 2006 (for Model 767–200, –300, and
airplanes, and adding a new compliance comments. –300F series airplanes); and
time for those inspections. We are We will post all comments submitted, • Boeing Service Bulletin 767–
proposing this supplemental NPRM to without change, to http://dms.dot.gov, 27A0195, Revision 2, dated July 13,
prevent an undetected failure of the including any personal information you 2006 (for Model 767–400ER series
primary load path for the ballscrew in provide. We will also post a report airplanes).
the drive mechanism of the horizontal summarizing each substantive verbal The procedures in Revision 2 of the
stabilizer and subsequent wear and contact with FAA personnel concerning service bulletins are essentially the
failure of the secondary load path, this supplemental NPRM. Using the same as those in Revision 1 of the
which could lead to loss of control of search function of that web site, anyone service bulletins, both dated July 21,
the horizontal stabilizer and consequent can find and read the comments in any 2005 (which were referenced in the
loss of control of the airplane. of our dockets, including the name of NPRM as the appropriate sources of
DATES: We must receive comments on the individual who sent the comment service information for accomplishing
this supplemental NPRM by September (or signed the comment on behalf of an the specified actions); except Revision 2
17, 2007. association, business, labor union, etc.). includes additional requirements for

Proposed Rule: Airworthiness Directives: Fokker

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46572 Federal Register / Vol. 72, No.

161 / Tuesday, August 21, 2007 / Proposed Rules

approved individually by each Regulation 88 (SFAR88) * * * required a

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