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Federal Register / Vol. 73, No.

50 / Thursday, March 13, 2008 / Proposed Rules 13503

(3) Reporting Requirements: For any • Federal eRulemaking Portal: Go to effective January 8, 2004 (referred to
reporting requirement in this AD, under the http://www.regulations.gov. Follow the after this as ‘‘the MCAI’’), to correct an
provisions of the Paperwork Reduction Act, instructions for submitting comments. unsafe condition for the specified
the Office of Management and Budget (OMB) • Fax: (202) 493–2251. products. The MCAI states:
has approved the information collection • Mail: U.S. Department of During maintenance water has been
requirements and has assigned OMB Control
Transportation, Docket Operations, M– found in the elevator assembly. The
Number 2120–0056.
30, West Building Ground Floor, Room unsafe condition is water or ice
Related Information W12–140, 1200 New Jersey Avenue, SE., accumulating in the elevator assembly,
(h) Refer to MCAI Agência Nacional de Washington, DC 20590. which could result in corrosion and
Aviação Civil Airworthiness Directive 2007– • Hand Delivery: U.S. Department of consequent reduced structural integrity
07–01, effective August 21, 2007, and Transportation, Docket Operations, M– of the flight control surface, or an
EMBRAER TR 10–5, dated May 23, 2007, to 30, West Building Ground Floor, Room unbalanced flight control surface. These
the EMBRAER EMB145 MRB Report MRB– W12–40, 1200 New Jersey Avenue, SE., conditions could result in reduced
145/1150, for related information. Washington, DC, between 9 a.m. and 5 controllability of the airplane. You may
Issued in Renton, Washington, on March 3, p.m., Monday through Friday, except obtain further information by examining
2008. Federal holidays. the MCAI in the AD docket.
Ali Bahrami,
Examining the AD Docket Relevant Service Information
Manager, Transport Airplane Directorate,
Aircraft Certification Service. You may examine the AD docket on Avcraft Aerospace GmbH has issued
[FR Doc. E8–4995 Filed 3–12–08; 8:45 am] the Internet at http:// Avcraft Dornier Service Bulletin SB–
www.regulations.gov; or in person at the 328–55–450, Revision 1, dated
BILLING CODE 4910–13–P
Docket Operations office between 9 a.m. November 19, 2003. The actions
and 5 p.m., Monday through Friday, described in this service information are
DEPARTMENT OF TRANSPORTATION except Federal holidays. The AD docket intended to correct the unsafe condition
contains this proposed AD, the identified in the MCAI.
Federal Aviation Administration regulatory evaluation, any comments
received, and other information. The FAA’s Determination and Requirements
14 CFR Part 39 street address for the Docket Operations of This Proposed AD
office (telephone (800) 647–5527) is in This product has been approved by
[Docket No. FAA–2008–0297; Directorate the ADDRESSES section. Comments will the aviation authority of another
Identifier 2007–NM–330–AD] be available in the AD docket shortly country, and is approved for operation
after receipt. in the United States. Pursuant to our
RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: Dan bilateral agreement with the State of
Rodina, Aerospace Engineer, Design Authority, we have been notified
Airworthiness Directives; Dornier International Branch, ANM–116, FAA, of the unsafe condition described in the
Model 328–100 Airplanes Transport Airplane Directorate, 1601 MCAI and service information
AGENCY: Federal Aviation Lind Avenue, SW., Renton, Washington referenced above. We are proposing this
Administration (FAA), DOT. 98057–3356; telephone (425) 227–2125; AD because we evaluated all pertinent
fax (425) 227–1149. information and determined an unsafe
ACTION: Notice of proposed rulemaking
SUPPLEMENTARY INFORMATION: condition exists and is likely to exist or
(NPRM).
develop on other products of the same
Comments Invited type design.
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the We invite you to send any written
relevant data, views, or arguments about Differences Between This AD and the
products listed above. This proposed MCAI or Service Information
AD results from mandatory continuing this proposed AD. Send your comments
airworthiness information (MCAI) to an address listed under the We have reviewed the MCAI and
originated by an aviation authority of ADDRESSES section. Include ‘‘Docket No. related service information and, in
another country to identify and correct FAA–2008–0297; Directorate Identifier general, agree with their substance. But
an unsafe condition on an aviation 2007–NM–330–AD’’ at the beginning of we might have found it necessary to use
product. The MCAI describes the unsafe your comments. We specifically invite different words from those in the MCAI
condition as: comments on the overall regulatory, to ensure the AD is clear for U.S.
During maintenance water has been economic, environmental, and energy operators and is enforceable. In making
found in the elevator assembly. The aspects of this proposed AD. We will these changes, we do not intend to differ
unsafe condition is water or ice consider all comments received by the substantively from the information
accumulating in the elevator assembly, closing date and may amend this provided in the MCAI and related
which could result in corrosion and proposed AD based on those comments. service information.
consequent reduced structural integrity We will post all comments we We might also have proposed
of the flight control surface, or an receive, without change, to http:// different actions in this AD from those
unbalanced flight control surface. These www.regulations.gov, including any in the MCAI in order to follow FAA
conditions could result in reduced personal information you provide. We policies. Any such differences are
controllability of the airplane. The will also post a report summarizing each highlighted in a NOTE within the
proposed AD would require actions that substantive verbal contact we receive proposed AD.
about this proposed AD.
rwilkins on PROD1PC63 with PROPOSALS

are intended to address the unsafe Costs of Compliance


condition described in the MCAI. Discussion Based on the service information, we
DATES: We must receive comments on The Luftfahrt-Bundesamt (LBA), estimate that this proposed AD would
this proposed AD by April 14, 2008. which is the aviation authority for affect about 12 products of U.S. registry.
ADDRESSES: You may send comments by Germany, has issued German We also estimate that it would take
any of the following methods: Airworthiness Directive D–2004–004, about 2 work-hours per product to

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13504 Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Proposed Rules

comply with the basic requirements of List of Subjects in 14 CFR Part 39 Other FAA AD Provisions
this proposed AD. The average labor (g) The following provisions also apply to
Air transportation, Aircraft, Aviation
rate is $80 per work-hour. Required this AD:
safety, Safety. (1) Alternative Methods of Compliance
parts would cost about $100 per
product. Where the service information The Proposed Amendment (AMOCs): The Manager, International
lists required parts costs that are Branch, ANM–116, FAA, has the authority to
covered under warranty, we have Accordingly, under the authority approve AMOCs for this AD, if requested
delegated to me by the Administrator, using the procedures found in 14 CFR 39.19.
assumed that there will be no charge for Send information to ATTN: Dan Rodina,
these costs. As we do not control the FAA proposes to amend 14 CFR part
39 as follows: Aerospace Engineer, International Branch,
warranty coverage for affected parties, ANM–116, FAA, Transport Airplane
some parties may incur costs higher PART 39—AIRWORTHINESS Directorate, 1601 Lind Avenue, SW., Renton,
than estimated here. Based on these DIRECTIVES Washington 98057–3356; telephone (425)
figures, we estimate the cost of the 227–2125; fax (425) 227–1149. Before using
proposed AD on U.S. operators to be 1. The authority citation for part 39 any approved AMOC on any airplane to
$3,120, or $260 per product. which the AMOC applies, notify your
continues to read as follows:
appropriate principal inspector (PI) in the
Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
Title 49 of the United States Code § 39.13 [Amended] (2) Airworthy Product: For any requirement
specifies the FAA’s authority to issue in this AD to obtain corrective actions from
2. The FAA amends § 39.13 by adding
rules on aviation safety. Subtitle I, a manufacturer or other source, use these
the following new AD:
section 106, describes the authority of actions if they are FAA-approved. Corrective
the FAA Administrator. ‘‘Subtitle VII: 328 Support Services GMBH (Formerly actions are considered FAA-approved if they
Aviation Programs,’’ describes in more Avcraft Aerospace GmbH): Docket No. are approved by the State of Design Authority
FAA–2008–0297; Directorate Identifier (or their delegated agent). You are required
detail the scope of the Agency’s
2007–NM–330–AD. to assure the product is airworthy before it
authority.
Comments Due Date is returned to service.
We are issuing this rulemaking under (3) Reporting Requirements: For any
the authority described in ‘‘Subtitle VII, (a) We must receive comments by April 14, reporting requirement in this AD, under the
Part A, Subpart III, Section 44701: 2008. provisions of the Paperwork Reduction Act,
General requirements.’’ Under that Affected ADs the Office of Management and Budget (OMB)
section, Congress charges the FAA with has approved the information collection
(b) None.
promoting safe flight of civil aircraft in requirements and has assigned OMB Control
air commerce by prescribing regulations Applicability Number 2120–0056.
for practices, methods, and procedures (c) This AD applies to all Dornier Model Related Information
the Administrator finds necessary for 328–100 airplanes, certificated in any
(h) Refer to MCAI German Airworthiness
safety in air commerce. This regulation category.
Directive D–2004–004, dated January 8, 2004,
is within the scope of that authority Subject and Avcraft Dornier Service Bulletin SB–
because it addresses an unsafe condition 328–55–450, Revision 1, dated November 19,
(d) Air Transport Association (ATA) of
that is likely to exist or develop on America Code 55: Stabilizers. 2003, for related information.
products identified in this rulemaking Issued in Renton, Washington, on March 3,
action. Reason
2008.
(e) The mandatory continuing Ali Bahrami,
Regulatory Findings airworthiness information (MCAI) states:
During maintenance water has been found Manager, Transport Airplane Directorate,
We determined that this proposed AD Aircraft Certification Service.
would not have federalism implications in the elevator assembly.
The unsafe condition is water or ice [FR Doc. E8–4996 Filed 3–12–08; 8:45 am]
under Executive Order 13132. This
accumulating in the elevator assembly, BILLING CODE 4910–13–P
proposed AD would not have a
substantial direct effect on the States, on which could result in corrosion and
consequent reduced structural integrity of the
the relationship between the national DEPARTMENT OF TRANSPORTATION
flight control surface, or an unbalanced flight
Government and the States, or on the control surface. These conditions could
distribution of power and result in reduced controllability of the Federal Aviation Administration
responsibilities among the various airplane.
levels of government. 14 CFR Part 39
Actions and Compliance
For the reasons discussed above, I
(f) Within 90 days after the effective date [Docket No. FAA–2008–0275; Directorate
certify this proposed regulation:
of this AD, unless already done, do the Identifier 2007–NM–335–AD]
1. Is not a ‘‘significant regulatory
following actions. Install a drain hole in the
action’’ under Executive Order 12866; RIN 2120–AA64
lower skin of the left and right-hand elevator
2. Is not a ‘‘significant rule’’ under the horns in accordance with the
DOT Regulatory Policies and Procedures Airworthiness Directives; BAE
Accomplishment Instructions of Avcraft
(44 FR 11034, February 26, 1979); and Dornier Service Bulletin SB–328–55–450, Systems (Operations) Limited
3. Will not have a significant Revision 1, dated November 19, 2003. (Jetstream) Model 4101 Airplanes
economic impact, positive or negative, FAA AD Differences AGENCY: Federal Aviation
on a substantial number of small entities Administration (FAA), DOT.
rwilkins on PROD1PC63 with PROPOSALS

under the criteria of the Regulatory Note: This AD differs from the MCAI and/
or service information as follows: Although ACTION: Notice of proposed rulemaking
Flexibility Act. (NPRM).
the MCAI or service information specifies a
We prepared a regulatory evaluation compliance time for installing the drain hole
of the estimated costs to comply with within 23 days, paragraph (f) of this AD SUMMARY: We propose to adopt a new
this proposed AD and placed it in the requires that the installation be done within airworthiness directive (AD) for the
AD docket. 90 days after the effective date of the AD. products listed above. This proposed

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