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Federal Register / Vol. 73, No.

13 / Friday, January 18, 2008 / Proposed Rules 3417

type planted in the fall will remain in DEPARTMENT OF TRANSPORTATION a.m. and 5 p.m., Monday through
effect; or Friday, except Federal holidays. The AD
Federal Aviation Administration docket contains this proposed AD, the
(3) Destroy the remaining crop on
such acreage: regulatory evaluation, any comments
14 CFR Part 39 received, and other information. The
(i) By destroying the remaining crop, street address for the Docket Office
you agree to accept an appraised [Docket No. FAA–2008–0034; Directorate
Identifier 2007–CE–097–AD] (telephone (800) 647–5527) is in the
amount of production determined in ADDRESSES section. Comments will be
accordance with section 13(d)(1) of the RIN 2120–AA64 available in the AD docket shortly after
Dry Pea Crop Insurance Provisions to receipt.
count against the unit production Airworthiness Directives; Pacific
Aerospace Limited Model 750XL FOR FURTHER INFORMATION CONTACT: Karl
guarantee. This amount will be Schletzbaum, Aerospace Engineer, FAA,
considered production to count in Airplanes
Small Airplane Directorate, 901 Locust,
determining any final indemnity on the AGENCY: Federal Aviation Room 301, Kansas City, Missouri 64106;
unit and will be used to settle your Administration (FAA), Department of telephone: (816) 329–4146; fax: (816)
claim as described in section 13. Transportation (DOT). 329–4090.
(ii) You may use such acreage for any ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION:
purpose, including planting and (NPRM).
separately insuring any other crop if Comments Invited
SUMMARY: We propose to adopt a new
such insurance is available. We invite you to send any written
airworthiness directive (AD) for the
(iii) If you elect to plant and elect to relevant data, views, or arguments about
products listed above. This proposed
insure spring planted acreage of the this proposed AD. Send your comments
AD results from mandatory continuing
same dry pea type (you must elect to an address listed under the
airworthiness information (MCAI)
ADDRESSES section. Include ‘‘Docket No.
whether or not you want insurance on originated by an aviation authority of
the spring planted acreage of the same FAA–2008–0034; Directorate Identifier
another country to identify and correct
2007–CE–097–AD’’ at the beginning of
dry pea type at the time we release the an unsafe condition on an aviation
your comments. We specifically invite
fall planted acreage), you must pay product. The MCAI describes the unsafe
comments on the overall regulatory,
additional premium for the insurance. condition as:
economic, environmental, and energy
Such acreage will be insured in DCA/750XL/3A is prompted by a report aspects of this proposed AD. We will
accordance with the policy provisions from the manufacturer of the possibility that consider all comments received by the
that are applicable to acreage that is wiring loom protective sleeving is not fitted closing date and may amend this
initially planted in the spring to the to aircraft S/N 107 through to 134. AD
applicability revised to include aircraft up to
proposed AD because of those
same dry pea type, and you must: comments.
S/N 134.
(A) Plant the spring planted acreage in To prevent fretting damage to the wiring We will post all comments we
a manner which results in a clear and loom that may lead to arcing in proximity to receive, without change, to http://
discernible break in the planting pattern the fuel vent lines and the possibility of fire www.regulations.gov, including any
at the boundary between it and any * * * personal information you provide. We
remaining acreage of the fall planted dry The proposed AD would require actions will also post a report summarizing each
pea acreage; and that are intended to address the unsafe substantive verbal contact we receive
condition described in the MCAI. about this proposed AD.
(B) Store or market the production in
a manner which permits us to verify the DATES: We must receive comments on Discussion
amount of spring planted production this proposed AD by February 19, 2008.
The Civil Aviation Authority (CAA),
separately from any fall planted ADDRESSES: You may send comments by
which is the airworthiness authority for
production. In the event you are unable any of the following methods: New Zealand, has issued AD DCA/
to provide records of production that are • Federal eRulemaking Portal: Go to 750XL/3A, dated November 28, 2007
acceptable to us, the spring planted http://www.regulations.gov. Follow the (referred to after this as ‘‘the MCAI’’), to
acreage will be considered to be a part instructions for submitting comments. correct an unsafe condition for the
of the original fall planted unit. • Fax: (202) 493–2251. specified products. The MCAI states:
• Mail: U.S. Department of
* * * * * DCA/750XL/3A is prompted by a report
Transportation, Docket Operations, M–
Signed in Washington, DC, on January 7, 30, West Building Ground Floor, Room from the manufacturer of the possibility that
2008. wiring loom protective sleeving is not fitted
W12–140, 1200 New Jersey Avenue, SE., to aircraft S/N 107 through to 134. AD
Eldon Gould, Washington, DC 20590. applicability revised to include aircraft up to
Manager, Federal Crop Insurance • Hand Delivery: U.S. Department of S/N 134.
Corporation. Transportation, Docket Operations, M– To prevent fretting damage to the wiring
[FR Doc. E8–321 Filed 1–17–08; 8:45 am] 30, West Building Ground Floor, Room loom that may lead to arcing in proximity to
W12–140, 1200 New Jersey Avenue, SE., the fuel vent lines and the possibility of fire,
BILLING CODE 3410–08–P
Washington, DC 20590, between 9 a.m. inspect the main wiring loom on the right
and 5 p.m., Monday through Friday, hand side of the aircraft adjacent to the
frames at station 114.34’’ and 118.84’’, per
rfrederick on PROD1PC67 with PROPOSALS

except Federal holidays.


PACSB/XL/009 issue 2, to ensure that two
Examining the AD Docket pieces of protective sleeving are fitted.
You may examine the AD docket on The effectivity of the service
the Internet at http:// information is serial number (S/N) 102
www.regulations.gov; or in person at the through 106. The MCAI expanded the
Docket Management Facility between 9 applicability to S/N 102 through 134.

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3418 Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Proposed Rules

You may obtain further information the FAA Administrator. ‘‘Subtitle VII: Pacific Aerospace Limited: Docket No. FAA–
by examining the MCAI in the AD Aviation Programs,’’ describes in more 2008–0034; Directorate Identifier 2007–
docket. detail the scope of the Agency’s CE–097–AD.
authority. Comments Due Date
Relevant Service Information
We are issuing this rulemaking under (a) We must receive comments by February
Pacific Aerospace Corporation the authority described in ‘‘Subtitle VII, 19, 2008.
Limited has issued Mandatory Service Part A, Subpart III, Section 44701:
Bulletin PACSB/XL/009, issue 2, Affected ADs
General requirements.’’ Under that
revised July 23, 2004. The actions section, Congress charges the FAA with (b) or None.
described in this service information are promoting safe flight of civil aircraft in Applicability
intended to correct the unsafe condition air commerce by prescribing regulations (c) This AD applies to Model 750XL
identified in the MCAI. for practices, methods, and procedures airplanes, serial numbers 102 through 134,
FAA’s Determination and Requirements the Administrator finds necessary for certificated in any category.
of the Proposed AD safety in air commerce. This regulation Note 1: The applicability of this AD takes
is within the scope of that authority precedence over Pacific Aerospace
This product has been approved by because it addresses an unsafe condition Corporation Limited Mandatory Service
the aviation authority of another that is likely to exist or develop on Bulletin PACSB/XL/009, issue 2, revised July
country, and is approved for operation products identified in this rulemaking 23, 2004.
in the United States. Pursuant to our action.
bilateral agreement with this State of Subject
Design Authority, they have notified us Regulatory Findings (d) Air Transport Association of America
of the unsafe condition described in the (ATA) Code 39: Electrical Wiring.
We determined that this proposed AD
MCAI and service information would not have federalism implications Reason
referenced above. We are proposing this under Executive Order 13132. This (e) The mandatory continuing
AD because we evaluated all proposed AD would not have a airworthiness information (MCAI) states:
information and determined the unsafe substantial direct effect on the States, on DCA/750XL/3A is prompted by a report
condition exists and is likely to exist or the relationship between the national from the manufacturer of the possibility that
develop on other products of the same Government and the States, or on the wiring loom protective sleeving is not fitted
type design. distribution of power and to aircraft S/N 107 through to 134. AD
applicability revised to include aircraft up to
Differences Between This Proposed AD responsibilities among the various S/N 134.
and the MCAI or Service Information levels of government. To prevent fretting damage to the wiring
We have reviewed the MCAI and For the reasons discussed above, I loom that may lead to arcing in proximity to
certify this proposed regulation: the fuel vent lines and the possibility of fire,
related service information and, in inspect the main wiring loom on the right
general, agree with their substance. But 1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866; hand side of the aircraft adjacent to the
we might have found it necessary to use frames at station 114.34’’ and 118.84’’, per
different words from those in the MCAI 2. Is not a ‘‘significant rule’’ under the PACSB/XL/009, issue 2, to ensure that two
to ensure the AD is clear for U.S. DOT Regulatory Policies and Procedures pieces of protective sleeving are fitted.
operators and is enforceable. In making (44 FR 11034, February 26, 1979); and The effectivity of the service information is
these changes, we do not intend to differ 3. Will not have a significant serial number (S/N) 102 through 106. The
substantively from the information economic impact, positive or negative, MCAI expanded the applicability to S/N 102
provided in the MCAI and related on a substantial number of small entities through 134.
service information. under the criteria of the Regulatory Actions and Compliance
We might also have proposed Flexibility Act. (f) Unless already done, do the following
different actions in this AD from those We prepared a regulatory evaluation actions:
in the MCAI in order to follow FAA of the estimated costs to comply with (1) Within the next 100 hours time-in-
policies. Any such differences are this proposed AD and placed it in the service (TIS) after the effective date of this
highlighted in a Note within the AD docket. AD, inspect the main wiring loom on the
proposed AD. right hand side of the aircraft adjacent to the
List of Subjects in 14 CFR Part 39 frames at station 114.34’’ and 118.84’’ to
Costs of Compliance ensure there are two pieces of protective
Air transportation, Aircraft, Aviation
Based on the service information, we sleeving installed following Pacific
safety, Safety. Aerospace Corporation Limited Mandatory
estimate that this proposed AD would Service Bulletin PACSB/XL/009, issue 2,
affect about 7 products of U.S. registry. The Proposed Amendment
revised July 23, 2004.
We also estimate that it would take Accordingly, under the authority (2) If the protective sleeves are missing,
about 0.5 work-hour per product to delegated to me by the Administrator, install protective sleeves following Pacific
comply with the basic requirements of the FAA proposes to amend 14 CFR part Aerospace Corporation Mandatory Service
this proposed AD. The average labor 39 as follows: Bulletin PACSB/XL/009, issue 2, revised July
rate is $80 per work-hour. Required 23, 2004.
parts would cost about $30 per product. PART 39—AIRWORTHINESS FAA AD Differences
Based on these figures, we estimate DIRECTIVES
Note 2: This AD differs from the MCAI
the cost of the proposed AD on U.S.
1. The authority citation for part 39 and/or service information as follows: No
rfrederick on PROD1PC67 with PROPOSALS

operators to be $490, or $70 per product. differences.


continues to read as follows:
Authority for This Rulemaking
Authority: 49 U.S.C. 106(g), 40113, 44701. Other FAA AD Provisions
Title 49 of the United States Code (g) The following provisions also apply to
specifies the FAA’s authority to issue § 39.13 [Amended]
this AD:
rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by adding (1) Alternative Methods of Compliance
section 106, describes the authority of the following new AD: (AMOCs): The Manager, Standards Office,

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Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Proposed Rules 3419

FAA, has the authority to approve AMOCs SUMMARY: We propose to adopt a new Lakewood, California 90712–4137;
for this AD, if requested using the procedures airworthiness directive (AD) for all telephone (562) 627–5262; fax (562)
found in 14 CFR 39.19. Send information to McDonnell Douglas airplanes identified 627–5210.
ATTN: Karl Schletzbaum, Aerospace above. This proposed AD would require SUPPLEMENTARY INFORMATION:
Engineer, FAA, Small Airplane Directorate,
901 Locust, Room 301, Kansas City, Missouri
revising the FAA-approved maintenance
program to incorporate new Comments Invited
64106; telephone: (816) 329–4146; fax: (816)
329–4090. Before using any approved AMOC airworthiness limitations for fuel tank We invite you to send any written
on any airplane to which the AMOC applies, systems to satisfy Special Federal relevant data, views, or arguments about
notify your appropriate principal inspector Aviation Regulation No. 88 this proposed AD. Send your comments
(PI) in the FAA Flight Standards District requirements. This proposed AD results to an address listed under the
Office (FSDO), or lacking a PI, your local from a design review of the fuel tank ADDRESSES section. Include ‘‘Docket No.
FSDO. systems. We are proposing this AD to FAA–2008–0031; Directorate Identifier
(2) Airworthy Product: For any requirement prevent the potential for ignition 2007–NM–313–AD’’ at the beginning of
in this AD to obtain corrective actions from your comments. We specifically invite
a manufacturer or other source, use these
sources inside fuel tanks caused by
latent failures, alterations, repairs, or comments on the overall regulatory,
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they maintenance actions, which, in economic, environmental, and energy
are approved by the State of Design Authority combination with flammable fuel aspects of this proposed AD. We will
(or their delegated agent). You are required vapors, could result in a fuel tank consider all comments received by the
to assure the product is airworthy before it explosion and consequent loss of the closing date and may amend this
is returned to service. airplane. proposed AD because of those
(3) Reporting Requirements: For any comments.
reporting requirement in this AD, under the DATES: We must receive comments on We will post all comments we
provisions of the Paperwork Reduction Act this proposed AD by March 3, 2008. receive, without change, to http://
(44 U.S.C. 3501 et seq.), the Office of ADDRESSES: You may send comments by www.regulations.gov, including any
Management and Budget (OMB) has any of the following methods: personal information you provide. We
approved the information collection • Federal eRulemaking Portal: Go to will also post a report summarizing each
requirements and has assigned OMB Control http://www.regulations.gov. Follow the
Number 2120–0056. substantive verbal contact we receive
instructions for submitting comments. about this proposed AD.
Related Information • Fax: 202–493–2251.
• Mail: U.S. Department of Discussion
(h) Refer to MCAI Civil Aviation Authority
of New Zealand AD DCA/750XL/3A, dated Transportation, Docket Operations, M– The FAA has examined the
November 28, 2007; and Pacific Aerospace 30, West Building Ground Floor, Room underlying safety issues involved in fuel
Corporation Limited Mandatory Service W12–140, 1200 New Jersey Avenue, SE., tank explosions on several large
Bulletin PACSB/XL/009, issue 2, revised July Washington, DC 20590. transport airplanes, including the
23, 2004, for related information. • Hand Delivery: U.S. Department of adequacy of existing regulations, the
Issued in Kansas City, Missouri, on January Transportation, Docket Operations, M– service history of airplanes subject to
11, 2008. 30, West Building Ground Floor, Room those regulations, and existing
John Colomy, W12–140, 1200 New Jersey Avenue, SE., maintenance practices for fuel tank
Acting Manager, Small Airplane Directorate, Washington, DC 20590, between 9 a.m. systems. As a result of those findings,
Aircraft Certification Service. and 5 p.m., Monday through Friday, we issued a regulation titled ‘‘Transport
[FR Doc. E8–827 Filed 1–17–08; 8:45 am] except Federal holidays. Airplane Fuel Tank System Design
BILLING CODE 4910–13–P
For service information identified in Review, Flammability Reduction and
this AD, contact Boeing Commercial Maintenance and Inspection
Airplanes, Long Beach Division, 3855 Requirements’’ (66 FR 23086, May 7,
DEPARTMENT OF TRANSPORTATION Lakewood Boulevard, Long Beach, 2001). In addition to new airworthiness
California 90846, Attention: Data and standards for transport airplanes and
Federal Aviation Administration Service Management, Dept. C1–L5A new maintenance requirements, this
(D800–0024). rule included Special Federal Aviation
14 CFR Part 39 Regulation No. 88 (‘‘SFAR 88,’’
Examining the AD Docket
[Docket No. FAA–2008–0031; Directorate
Amendment 21–78, and subsequent
You may examine the AD docket on Amendments 21–82 and 21–83).
Identifier 2007–NM–313–AD]
the Internet at http:// Among other actions, SFAR 88
RIN 2120–AA64 www.regulations.gov; or in person at the requires certain type design (i.e., type
Docket Management Facility between 9 certificate (TC) and supplemental type
Airworthiness Directives; McDonnell a.m. and 5 p.m., Monday through certificate (STC)) holders to substantiate
Douglas Model DC–8–31, DC–8–32, Friday, except Federal holidays. The AD that their fuel tank systems can prevent
DC–8–33, DC–8–41, DC–8–42, and DC– docket contains this proposed AD, the ignition sources in the fuel tanks. This
8–43 Airplanes; Model DC–8–50 Series regulatory evaluation, any comments requirement applies to type design
Airplanes; Model DC–8F–54 and DC– received, and other information. The holders for large turbine-powered
8F–55 Airplanes; Model DC–8–60 street address for the Docket Office transport airplanes and for subsequent
Series Airplanes; Model DC–8–60F (telephone 800–647–5527) is in the modifications to those airplanes. It
Series Airplanes; Model DC–8–70 ADDRESSES section. Comments will be requires them to perform design reviews
Series Airplanes; and Model DC–8–70F available in the AD docket shortly after and to develop design changes and
rfrederick on PROD1PC67 with PROPOSALS

Series Airplanes receipt. maintenance procedures if their designs


AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: do not meet the new fuel tank safety
Administration (FAA), DOT. Samuel Lee, Aerospace Engineer, standards. As explained in the preamble
Propulsion Branch, ANM–140L, FAA, to the rule, we intended to adopt
ACTION: Notice of proposed rulemaking
Los Angeles Aircraft Certification airworthiness directives to mandate any
(NPRM).
Office, 3960 Paramount Boulevard, changes found necessary to address

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