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18598 Federal Register / Vol. 72, No.

71 / Friday, April 13, 2007 / Proposed Rules

(Passenger Information and certification basis for the Boeing Model DATES: We must receive comments on
Entertainment Services Domain). 787–8 airplane. this proposed AD by May 14, 2007.
The proposed architecture of the 787 The design shall prevent all inadvertent or ADDRESSES: You may send comments by
is different from that of existing malicious changes to, and all adverse impacts any of the following methods:
production (and retrofitted) airplanes. It upon, all systems, networks, hardware, • DOT Docket Web site: Go to http://
allows new kinds of passenger software, and data in the Aircraft Control dms.dot.gov and follow the instructions
connectivity to previously isolated data Domain and in the Airline Information for sending your comments
networks connected to systems that Domain from all points within the Passenger electronically.
Information and Entertainment Domain. • Fax: (202) 493–2251.
perform functions required for the safe
operation of the airplane. Because of Issued in Renton, Washington, on April 5, • Mail: Docket Management Facility,
this new passenger connectivity, the 2007. U.S. Department of Transportation, 400
proposed data network design and Stephen P. Boyd, Seventh Street, SW., Nassif Building,
integration may result in security Acting Manager, Transport Airplane Room PL–401, Washington, DC 20590–
vulnerabilities from intentional or Directorate, Aircraft Certification Service. 0001.
unintentional corruption of data and [FR Doc. E7–7065 Filed 4–12–07; 8:45 am] • Hand Delivery: Room PL–401 on
systems critical to the safety and BILLING CODE 4910–13–P
the plaza level of the Nassif Building,
maintenance of the airplane. The 400 Seventh Street, SW., Washington,
existing regulations and guidance DC, between 9 a.m. and 5 p.m., Monday
material did not anticipate this type of DEPARTMENT OF TRANSPORTATION through Friday, except Federal holidays.
• Federal eRulemaking Portal: Go to
system architecture or electronic access
Federal Aviation Administration http://www.regulations.gov. Follow the
to aircraft systems that provide flight
instructions for submitting comments.
critical functions. Furthermore, 14 CFR
regulations and current system safety 14 CFR Part 39 Examining the AD Docket
assessment policy and techniques do [Docket No. FAA–2007–27533; Directorate You may examine the AD docket on
not address potential security Identifier 2007–CE–022–AD] the Internet at http://dms.dot.gov; or in
vulnerabilities that could be caused by RIN 2120–AA64 person at the Docket Management
unauthorized access to aircraft data Facility between 9 a.m. and 5 p.m.,
buses and servers. Therefore, a special Airworthiness Directives; Diamond Monday through Friday, except Federal
condition is proposed to ensure that Aircraft Industries GmbH Model DA 42 holidays. The AD docket contains this
security, integrity, and availability of Airplanes proposed AD, the regulatory evaluation,
the aircraft systems and data networks any comments received, and other
are not compromised by certain wired AGENCY: Federal Aviation
information. The street address for the
or wireless electronic connections Administration (FAA), Department of
Docket Office (telephone (800) 647–
between airplane data buses and Transportation (DOT).
5227) is in the ADDRESSES section.
networks. ACTION: Notice of proposed rulemaking
Comments will be available in the AD
(NPRM). docket shortly after receipt.
Applicability
SUMMARY: We propose to adopt a new FOR FURTHER INFORMATION CONTACT:
As discussed above, these proposed Sarjapur Nagarajan, Aerospace Engineer,
airworthiness directive (AD) for the
special conditions are applicable to the FAA, Small Airplane Directorate, 901
products listed above. This proposed
787. Should Boeing apply at a later date Locust, Room 301, Kansas City,
AD results from mandatory continuing
for a change to the type certificate to Missouri 64106; telephone: (816) 329–
airworthiness information (MCAI)
include another model incorporating the 4145; fax: (816) 329–4090.
originated by an aviation authority of
same novel or unusual design features, SUPPLEMENTARY INFORMATION:
another country to identify and correct
these proposed special conditions
an unsafe condition on an aviation Streamlined Issuance of AD
would apply to that model as well
product. The MCAI describes the unsafe
under the provisions of § 21.101. The FAA is implementing a new
condition as:
Conclusion process for streamlining the issuance of
Shortly after an engine change, the
aluminium fitting attached to the engine
ADs related to MCAI. This streamlined
This action affects only certain novel process will allow us to adopt MCAI
gearbox holding lines and fittings of the
or unusual design features of the 787. It safety requirements in a more efficient
propeller control system was found to be
is not a rule of general applicability, and cracked. This led to a pressure loss in the manner and will reduce safety risks to
it affects only the applicant that applied propeller control system following a control the public. This process continues to
to the FAA for approval of these features system malfunction and led to an in-flight follow all FAA AD issuance processes to
on the airplane. engine shutdown. meet legal, economic, Administrative
The broken fitting is part of the engine Procedure Act, and Federal Register
List of Subjects in 14 CFR Part 25 installation and was initially a steel part. It requirements. We also continue to meet
Aircraft, Aviation safety, Reporting was later modified by the engine
manufacturer to an aluminium design.
our technical decision-making
and recordkeeping requirements. responsibilities to identify and correct
Investigation determined that the area is
The authority citation for these critical for cracks due to combination of unsafe conditions on U.S.-certificated
Special Conditions is as follows: mass, material and installation torque values. products.
Authority: 49 U.S.C. 106(g), 40113, 44701, Diamond Aircraft Industries incorporated This proposed AD references the
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44702, 44704. with Design Change MÄM 42–184 an MCAI and related service information
additional bracket into production airplanes that we considered in forming the
The Proposed Special Conditions to improve the installations and prevent engineering basis to correct the unsafe
Accordingly, the Administrator of the vibration cracks. condition. The proposed AD contains
Federal Aviation Administration (FAA) The proposed AD would require text copied from the MCAI and for this
proposes the following special actions that are intended to address the reason might not follow our plain
conditions as part of the type unsafe condition described in the MCAI. language principles.

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Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Proposed Rules 18599

Comments Invited FAA’s Determination and Requirements We are issuing this rulemaking under
of the Proposed AD the authority described in ‘‘Subtitle VII,
We invite you to send any written Part A, Subpart III, Section 44701:
relevant data, views, or arguments about This product has been approved by
the aviation authority of another General requirements.’’ Under that
this proposed AD. Send your comments section, Congress charges the FAA with
to an address listed under the country, and is approved for operation
in the United States. Pursuant to our promoting safe flight of civil aircraft in
ADDRESSES section. Include ‘‘Docket No. air commerce by prescribing regulations
FAA–2007–27533; Directorate Identifier bilateral agreement with this State of
Design Authority, they have notified us for practices, methods, and procedures
2007–CE–022–AD’’ at the beginning of the Administrator finds necessary for
of the unsafe condition described in the
your comments. We specifically invite safety in air commerce. This regulation
MCAI and service information
comments on the overall regulatory, is within the scope of that authority
referenced above. We are proposing this
economic, environmental, and energy because it addresses an unsafe condition
AD because we evaluated all
aspects of this proposed AD. We will that is likely to exist or develop on
information and determined the unsafe
consider all comments received by the products identified in this rulemaking
condition exists and is likely to exist or
closing date and may amend this action.
develop on other products of the same
proposed AD because of those
type design. Regulatory Findings
comments.
We will post all comments we Differences Between This Proposed AD We determined that this proposed AD
receive, without change, to http:// and the MCAI or Service Information would not have federalism implications
dms.dot.gov, including any personal We have reviewed the MCAI and under Executive Order 13132. This
information you provide. We will also related service information and, in proposed AD would not have a
post a report summarizing each general, agree with their substance. But substantial direct effect on the States, on
substantive verbal contact we receive we might have found it necessary to use the relationship between the national
about this proposed AD. different words from those in the MCAI Government and the States, or on the
to ensure the AD is clear for U.S. distribution of power and
Discussion operators and is enforceable. In making responsibilities among the various
The European Aviation Safety Agency these changes, we do not intend to differ levels of government.
(EASA), which is the Technical Agent substantively from the information For the reasons discussed above, I
for the Member States of the European provided in the MCAI and related certify this proposed regulation:
Community, has issued AD No: 2006– service information.
We might also have proposed 1. Is not a ‘‘significant regulatory
0277, dated September 06, 2006 action’’ under Executive Order 12866;
different actions in this AD from those
(referred to after this as ‘‘the MCAI’’), to 2. Is not a ‘‘significant rule’’ under the
in the MCAI in order to follow FAA
correct an unsafe condition for the DOT Regulatory Policies and Procedures
policies. Any such differences are
specified products. The MCAI states: (44 FR 11034, February 26, 1979); and
highlighted in a NOTE within the
Shortly after an engine change, the proposed AD. 3. Will not have a significant
aluminium fitting attached to the engine economic impact, positive or negative,
gearbox holding lines and fittings of the Costs of Compliance
propeller control system was found to be
on a substantial number of small entities
Based on the service information, we under the criteria of the Regulatory
cracked. This led to a pressure loss in the estimate that this proposed AD would
propeller control system following a control Flexibility Act.
affect about 70 products of U.S. registry.
system malfunction and led to a in-flight We prepared a regulatory evaluation
engine shutdown. We also estimate that it would take
of the estimated costs to comply with
The broken fitting is part of the engine about 1 work-hour per product to
this proposed AD and placed it in the
installation and was initially a steel part. It comply with the basic requirements of
this proposed AD. The average labor AD docket.
was later modified by the engine
manufacturer to an aluminium design. rate is $80 per work-hour. Required List of Subjects in 14 CFR Part 39
Investigation determined that the area is parts would cost about $208 per
critical for cracks due to combination of product. Where the service information Air transportation, Aircraft, Aviation
mass, material and installation torque values. lists required parts costs that are safety, Safety.
Diamond Aircraft Industries incorporated covered under warranty, we have
with Design Change MÄM 42–184 an The Proposed Amendment
additional bracket into production airplanes
assumed that there will be no charge for
these costs. As we do not control Accordingly, under the authority
to improve the installations and prevent
warranty coverage for affected parties, delegated to me by the Administrator,
vibration cracks.
The MCAI requires: some parties may incur costs higher the FAA proposes to amend 14 CFR part
This airworthiness directive requires the than estimated here. 39 as follows:
retroactive installation of this bracket for all Based on these figures, we estimate
airplanes, including the airplanes with steel the cost of the proposed AD on U.S. PART 39—AIRWORTHINESS
fittings. operators to be $20,160, or $288 per DIRECTIVES
You may obtain further information by product.
examining the MCAI in the AD docket. 1. The authority citation for part 39
Authority for This Rulemaking continues to read as follows:
Relevant Service Information
Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701.
cprice-sewell on PRODPC61 with PROPOSALS

Diamond Aircraft Industries GmbH specifies the FAA’s authority to issue


§ 39.13 [Amended]
has issued Mandatory Service Bulletin rules on aviation safety. Subtitle I,
No. MSB–42–024/3, dated September section 106, describes the authority of 2. The FAA amends § 39.13 by adding
19, 2006. The actions described in this the FAA Administrator. ‘‘Subtitle VII: the following new AD:
service information are intended to Aviation Programs,’’ describes in more Diamond Aircraft Industries GmbH: Docket
correct the unsafe condition identified detail the scope of the Agency’s No. FAA–2007–27533; Directorate
in the MCAI. authority. Identifier 2007–CE–022–AD.

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18600 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Proposed Rules

Comments Due Date appropriate principal inspector (PI) in the inability to supply the complete auxiliary
(a) We must receive comments by May 14, FAA Flight Standards District Office (FSDO), fuel quantity to the main tanks and the
2007. or lacking a PI, your local FSDO. collapse of the auxiliary tank. It is suspected
(2) Airworthy Product: For any that the vent lines were obstructed either by
Affected ADs requirement in this AD to obtain corrective ice accretion under certain climatic
(b) None. actions from a manufacturer or other source, conditions or by blockage of the vent valves
use these actions if they are FAA-approved. because of fuel contaminants.
Applicability Corrective actions are considered FAA- Undetected malfunctions of the venting
(c) This AD applies to DA 42 airplanes, approved if they are approved by the State system and damaged auxiliary fuel tanks may
serial numbers 42.004 through 42.129, of Design Authority (or their delegated lead to a lower usable fuel quantity,
42.177, and 42.AC001, certificated in any agent). You are required to assure the product subsequent fuel starvation and/or fuel
category. is airworthy before it is returned to service. spillage into the nacelle.
(3) Reporting Requirements: For any
Subject The proposed AD would require
reporting requirement in this AD, under the
(d) Air Transport Association of America provisions of the Paperwork Reduction Act actions that are intended to address the
(ATA) Code 72: Engine. (44 U.S.C. 3501 et.seq.), the Office of unsafe condition described in the MCAI.
Reason Management and Budget (OMB) has DATES: We must receive comments on
approved the information collection this proposed AD by May 14, 2007.
(e) The mandatory continuing requirements and has assigned OMB Control
airworthiness information (MCAI) states: ADDRESSES: You may send comments by
Number 2120–0056.
Shortly after an engine change, the any of the following methods:
aluminium fitting attached to the engine Related Information • DOT Docket Web site: Go to
gearbox holding lines and fittings of the (h) Refer to MCAI European Aviation http://dms.dot.gov and follow the
propeller control system was found to be Safety Agency (EASA) AD No: 2006–0277, instructions for sending your comments
cracked. This led to a pressure loss in the dated September 06, 2006; and Diamond electronically.
propeller control system following a control Aircraft Industries GmbH, Mandatory Service • Fax: (202) 493–2251.
system malfunction and led to a in-flight Bulletin No. MSB–42–024/3, dated • Mail: Docket Management Facility,
engine shutdown. September 19, 2006, for related information. U.S. Department of Transportation, 400
The broken fitting is part of the engine
installation and was initially a steel part. It Issued in Kansas City, Missouri, on April Seventh Street, SW., Nassif Building,
was later modified by the engine 6, 2007. Room PL–401, Washington, DC 20590–
manufacturer to an aluminium design. Kim Smith, 0001.
Investigation determined that the area is Manager, Small Airplane Directorate, Aircraft • Hand Delivery: Room PL–401 on
critical for cracks due to combination of Certification Service. the plaza level of the Nassif Building,
mass, material and installation torque values. [FR Doc. E7–7050 Filed 4–12–07; 8:45 am] 400 Seventh Street, SW., Washington,
Diamond Aircraft Industries incorporated DC, between 9 a.m. and 5 p.m., Monday
with Design Change MÄM 42–184 an BILLING CODE 4910–13–P
through Friday, except Federal holidays.
additional bracket into production airplanes
• Federal eRulemaking Portal: Go to
to improve the installations and prevent
vibration cracks. DEPARTMENT OF TRANSPORTATION http://www.regulations.gov. Follow the
instructions for submitting comments.
Actions and Compliance Federal Aviation Administration
(f) Unless already done, within 50 hours
Examining the AD Docket
time-in-service or 30 days after the effective 14 CFR Part 39 You may examine the AD docket on
date of this AD, whichever occurs first, the Internet at http://dms.dot.gov; or in
install the additional steel bracket following [Docket No. FAA–2007–27708; Directorate person at the Docket Management
Diamond Aircraft Industries GmbH Identifier 2007–CE–027–AD]
Facility between 9 a.m. and 5 p.m.,
Mandatory Service Bulletin NO. MSB–42–
024/3, dated September 19, 2006.
RIN 2120–AA64 Monday through Friday, except Federal
holidays. The AD docket contains this
Note 1: If the above action was Airworthiness Directives; Diamond
accomplished following the procedures proposed AD, the regulatory evaluation,
Aircraft Industries GmbH Model DA 42 any comments received, and other
described in Diamond Aircraft Industries
GmbH Mandatory Service Bulletin No. MSB–
Airplanes information. The street address for the
42–024/2, dated August 31, 2006, you may AGENCY: Federal Aviation Docket Office (telephone (800) 647–
take ‘‘unless already done’’ credit, and no Administration (FAA), Department of 5227) is in the ADDRESSES section.
further action per this AD is necessary. Comments will be available in the AD
Transportation (DOT).
FAA AD Differences
docket shortly after receipt.
ACTION: Notice of proposed rulemaking
FOR FURTHER INFORMATION CONTACT:
Note 2: This AD differs from the MCAI (NPRM).
Sarjapur Nagarajan, Aerospace Engineer,
and/or service information as follows: No
SUMMARY: We propose to adopt a new FAA, Small Airplane Directorate, 901
differences.
airworthiness directive (AD) for the Locust, Room 301, Kansas City,
Other FAA AD Provisions products listed above. This proposed Missouri 64106; telephone: (816) 329–
(g) The following provisions also apply to AD results from mandatory continuing 4145; fax: (816) 329–4090.
this AD: airworthiness information (MCAI) SUPPLEMENTARY INFORMATION:
(1) Alternative Methods of Compliance originated by an aviation authority of
(AMOCs): The Manager, Standards Staff, another country to identify and correct Streamlined Issuance of AD
FAA, ATTN: Sarjapur Nagarajan, Aerospace an unsafe condition on an aviation The FAA is implementing a new
cprice-sewell on PRODPC61 with PROPOSALS

Engineer, FAA, Small Airplane Directorate, product. The MCAI describes the unsafe process for streamlining the issuance of
901 Locust, Room 301, Kansas City, Missouri ADs related to MCAI. This streamlined
64106; telephone: (816) 329–4145; fax: (816)
condition as:
329–4090, has the authority to approve From airplanes that have installed the
process will allow us to adopt MCAI
AMOCs for this AD, if requested using the Auxiliary Fuel Tank Optional Design Change safety requirements in a more efficient
procedures found in 14 CFR 39.19. Before (O–M) No. 42–056, three in-service failures of manner and will reduce safety risks to
using any approved AMOC on any airplane the auxiliary fuel tank venting system have the public. This process continues to
to which the AMOC applies, notify your been reported. These failures have led to the follow all FAA AD issuance processes to

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