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Federal Register / Vol. 72, No.

64 / Wednesday, April 4, 2007 / Proposed Rules 16289

scavenge valve, and scavenge pump of the ADDRESSES: Use one of the following published on April 11, 2000 (65 FR
center wing fuel tank, in accordance with the addresses to submit comments on this 19477–78), or you may visit http://
Accomplishment Instructions of Boeing Alert proposed AD. dms.dot.gov.
Service Bulletin DC8–28A089, dated • DOT Docket Web site: Go to
November 1, 2006. Examining the Docket
http://dms.dot.gov and follow the
Alternative Methods of Compliance instructions for sending your comments
(AMOCs) You may examine the AD docket on
electronically. the Internet at http://dms.dot.gov, or in
(g)(1) The Manager, Los Angeles Aircraft • Government-wide rulemaking Web
Certification Office, FAA, has the authority to
person at the Docket Management
site: Go to http://www.regulations.gov
approve AMOCs for this AD, if requested in Facility office between 9 a.m. and 5
and follow the instructions for sending
accordance with the procedures found in 14 p.m., Monday through Friday, except
your comments electronically.
CFR 39.19. • Mail: Docket Management Facility, Federal holidays. The Docket
(2) Before using any AMOC approved in Management Facility office (telephone
accordance with § 39.19 on any airplane to U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building, (800) 647–5227) is located on the plaza
which the AMOC applies, notify the level of the Nassif Building at the DOT
appropriate principal inspector in the FAA Room PL–401, Washington, DC 20590.
Flight Standards Certificate Holding District • Fax: (202) 493–2251. street address stated in the ADDRESSES
Office. • Hand Delivery: Room PL–401 on section. Comments will be available in
the plaza level of the Nassif Building, the AD docket shortly after the Docket
Issued in Renton, Washington, on March
26, 2007. 400 Seventh Street, SW., Washington, Management System receives them.
Ali Bahrami, DC, between 9 a.m. and 5 p.m., Monday Discussion
Manager, Transport Airplane Directorate, through Friday, except Federal holidays.
Aircraft Certification Service. Contact Bombardier, Inc., Bombardier Transport Canada Civil Aviation
[FR Doc. E7–6269 Filed 4–3–07; 8:45 am]
Regional Aircraft Division, 123 Garratt (TCCA), which is the airworthiness
Boulevard, Downsview, Ontario M3K authority for Canada, notified us that an
BILLING CODE 4910–13–P
1Y5, Canada, for service information unsafe condition may exist on certain
identified in this proposed AD. Bombardier Model DHC–8–400 series
DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Ezra airplanes. TCCA advises that it has
Sasson, Aerospace Engineer, Systems received several reports of fluid loss in
Federal Aviation Administration and Flight Test Branch, ANE–172, FAA, the No. 2 hydraulic system, causing the
New York Aircraft Certification Office, power transfer unit (PTU) to overspeed.
14 CFR Part 39 1600 Stewart Avenue, Suite 410, This resulted in pressure fluctuations
[Docket No. FAA–2007–27755; Directorate
Westbury, New York 11590; telephone and increased fluid flow within the No.
Identifier 2006–NM–289–AD] (516) 228–7320; fax (516) 794–5531. 1 hydraulic system. In one case, the
SUPPLEMENTARY INFORMATION: hydraulic system control logic did not
RIN 2120–AA64
shut down the PTU, and the overspeed
Comments Invited
Airworthiness Directives; Bombardier condition persisted, resulting in the
We invite you to submit any relevant illumination of the No. 1 ‘‘HYD FLUID
Model DHC–8–400 Series Airplanes
written data, views, or arguments HOT’’ caution light. This caution light
AGENCY: Federal Aviation regarding this proposed AD. Send your indicated that the hydraulic fluid
Administration (FAA), Department of comments to an address listed in the temperature had exceeded 225 degrees
Transportation (DOT). ADDRESSES section. Include the docket Fahrenheit. Had the temperature of the
ACTION: Notice of proposed rulemaking number ‘‘FAA–2007–27755; Directorate hydraulic fluid continued to increase to
(NPRM). Identifier 2006–NM–289–AD’’ at the 275 degrees Fahrenheit, the No. 1
beginning of your comments. We system hydraulic firewall shutoff would
SUMMARY: The FAA proposes to adopt a specifically invite comments on the have closed, leaving only the standby
new airworthiness directive (AD) for overall regulatory, economic, power unit (SPU) available. The SPU is
certain Bombardier Model DHC–8–400 environmental, and energy aspects of not capable of meeting the increased
series airplanes. This proposed AD the proposed AD. We will consider all flow demands of the PTU and other No.
would require revising the Limitations comments received by the closing date 1 hydraulic system services. Therefore,
section of the airplane flight manual to and may amend the proposed AD in the No. 1 hydraulic system would have
include procedures for pulling the light of those comments. also been lost, leaving only the No. 3
‘‘HYD PWR XFER’’ circuit breaker in the We will post all comments we hydraulic system available. Inoperative
event of the loss of all hydraulic fluid receive, without change, to http:// systems would include flaps, brakes and
in the No. 1 or No. 2 hydraulic system. dms.dot.gov, including any personal emergency brakes, nose wheel steering,
This proposed AD results from reports information you provide. We will also and all primary flight controls other
of fluid loss in the No. 2 hydraulic post a report summarizing each than elevator control and degraded
system, causing the power transfer unit substantive verbal contact with FAA aileron control.
to overspeed, increasing the fluid flow personnel concerning this proposed AD.
within the No. 1 hydraulic system. We Using the search function of that web This condition, if not corrected, could
are proposing this AD to prevent site, anyone can find and read the result in the potential loss of several
possible loss of both the No. 1 and No. comments in any of our dockets, functions essential for safe flight and
landing of the airplane.
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2 hydraulic systems, resulting in the including the name of the individual


potential loss of several functions who sent the comment (or signed the Relevant Service Information
essential for safe flight and landing of comment on behalf of an association,
the airplane. business, labor union, etc.). You may Bombardier has issued the following
DATES: We must receive comments on review the DOT’s complete Privacy Act airplane flight manual (AFM) temporary
this proposed AD by May 4, 2007. Statement in the Federal Register amendments:

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16290 Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Proposed Rules

TABLE.—AFM TEMPORARY AMENDMENTS


To Bombardier
Bombardier Dash 8 Q400 air-
For model— temporary Issue— Dated— plane flight man-
amendment— ual—

–400 airplanes ............................................. 13 1 July 14, 2005 .............................................. PSM 1–84–1A


–401 airplanes ............................................. 13 1 July 14, 2005 .............................................. PSM 1–84–1A
–402 airplanes ............................................. 13 1 July 14, 2005 .............................................. PSM 1–84–1A

The temporary amendments describe Federal Aviation Regulations (14 CFR event of the loss of all hydraulic fluid
procedures for pulling the ‘‘HYD PWR 21.29) and the applicable bilateral in the No. 1 or No. 2 hydraulic system.
XFER’’ circuit breaker in the event of airworthiness agreement. Pursuant to Interim Action
the loss of all hydraulic fluid in the No. this bilateral airworthiness agreement,
1 or No. 2 hydraulic system. TCCA TCCA has kept the FAA informed of the We consider this proposed AD
mandated the service information and situation described above. We have interim action. The manufacturer is
issued Canadian airworthiness directive examined TCCA’s findings, evaluated currently developing a modification that
CF–2006–08, dated April 26, 2006, to all pertinent information, and will address the unsafe condition
ensure the continued airworthiness of determined that we need to issue an AD identified in this proposed AD. Once
these airplanes in Canada. for airplanes of this type design that are this modification is developed,
approved, and available, we might
FAA’s Determination and Requirements certificated for operation in the United
consider additional rulemaking.
of the Proposed AD States. Therefore, we are proposing this
These airplanes are manufactured in AD, which would require revising the Costs of Compliance
Canada and are type certificated for Limitations section of the AFM to The following table provides the
operation in the United States under the include procedures for pulling the estimated costs for U.S. operators to
provisions of section 21.29 of the ‘‘HYD PWR XFER’’ circuit breaker in the comply with this proposed AD.
ESTIMATED COSTS
Number
Average Cost per of U.S.-
Action Work hours labor rate Parts Fleet cost
airplane registered
per hour airplanes

AFM revision .................................................................... 1 $80 $0 $80 21 $1,680

Authority for This Rulemaking have a substantial direct effect on the The Proposed Amendment
Title 49 of the United States Code States, on the relationship between the Accordingly, under the authority
specifies the FAA’s authority to issue national Government and the States, or delegated to me by the Administrator,
rules on aviation safety. Subtitle I, on the distribution of power and the FAA proposes to amend 14 CFR part
Section 106, describes the authority of responsibilities among the various 39 as follows:
the FAA Administrator. Subtitle VII, levels of government.
Aviation Programs, describes in more For the reasons discussed above, I PART 39—AIRWORTHINESS
detail the scope of the Agency’s certify that the proposed regulation: DIRECTIVES
authority. 1. Is not a ‘‘significant regulatory 1. The authority citation for part 39
We are issuing this rulemaking under continues to read as follows:
action’’ under Executive Order 12866;
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701, 2. Is not a ‘‘significant rule’’ under the Authority: 49 U.S.C. 106(g), 40113, 44701.
‘‘General requirements.’’ Under that DOT Regulatory Policies and Procedures § 39.13 [Amended]
section, Congress charges the FAA with (44 FR 11034, February 26, 1979); and
2. The Federal Aviation
promoting safe flight of civil aircraft in 3. Will not have a significant Administration (FAA) amends § 39.13
air commerce by prescribing regulations economic impact, positive or negative, by adding the following new
for practices, methods, and procedures on a substantial number of small entities airworthiness directive (AD):
the Administrator finds necessary for under the criteria of the Regulatory
safety in air commerce. This regulation Bombardier, Inc. (Formerly de Havilland,
Flexibility Act. Inc.): Docket No. FAA–2007–27755;
is within the scope of that authority Directorate Identifier 2006–NM–289–AD.
We prepared a regulatory evaluation
because it addresses an unsafe condition
of the estimated costs to comply with Comments Due Date
that is likely to exist or develop on
this proposed AD and placed it in the (a) The FAA must receive comments on
products identified in this rulemaking
cprice-sewell on PROD1PC61 with PROPOSALS

AD docket. See the ADDRESSES section this AD action by May 4, 2007.


action.
for a location to examine the regulatory
Regulatory Findings evaluation. Affected ADs
(b) None.
We have determined that this List of Subjects in 14 CFR Part 39
proposed AD would not have federalism Applicability
implications under Executive Order Air transportation, Aircraft, Aviation (c) This AD applies to Bombardier Model
13132. This proposed AD would not safety, Safety. DHC–8–400, DHC–8–401, and DHC–8–402

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Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Proposed Rules 16291

airplanes, certificated in any category; serial potential loss of several functions essential the applicable AFM to include the
numbers 4001 and 4003 and subsequent. for safe flight and landing of the airplane. information in the applicable Bombardier
Compliance temporary amendment specified in Table 1 of
Unsafe Condition
this AD, as specified in the temporary
(d) This AD results from reports of fluid (e) You are responsible for having the amendment. These temporary amendments
loss in the No. 2 hydraulic system, causing actions required by this AD performed within
introduce procedures for pulling the ‘‘HYD
the compliance times specified, unless the
the power transfer unit to overspeed, PWR XFER’’ circuit breaker in the event of
actions have already been done.
increasing the fluid flow within the No. 1 the loss of all hydraulic fluid in the No. 1 or
hydraulic system. We are issuing this AD to Airplane Flight Manual (AFM) Revision No. 2 hydraulic system. Operate the airplane
prevent possible loss of both the No. 1 and (f) Within 14 days after the effective date according to the limitations and procedures
No. 2 hydraulic systems, resulting in the of this AD, revise the Limitations section of in the applicable temporary amendment.

TABLE 1.—AFM TEMPORARY AMENDMENTS


Use Bom- To Bombardier
bardier Tem- Dash 8 Q400 Air-
For Model— Issue— Dated—
porary Amend- plane Flight Man-
ment— ual—

–400 airplanes ............................................. 13 1 July 14, 2005 .............................................. PSM 1–84–1A.


–401 airplanes ............................................. 13 1 July 14, 2005 .............................................. PSM 1–84–1A.
–402 airplanes ............................................. 13 1 July 14, 2005 .............................................. PSM 1–84–1A.

Note 1: This may be done by inserting a DEPARTMENT OF HEALTH AND agency that the irradiation process being
copy of the applicable temporary amendment HUMAN SERVICES used meets the criteria specified for use
into the applicable AFM. When the of the term ‘‘pasteurized’’ in the Federal
applicable temporary amendment has been Food and Drug Administration Food, Drug, and Cosmetic Act (the act)
included in general revisions of the AFM, the and the agency does not object to the
general revisions may be inserted into the 21 CFR Part 179 notification. This proposed action is in
AFM, provided the relevant information in response to the Farm Security and Rural
[Docket No. 2005N–0272]
the general revisions is identical to that in Investment Act of 2002 (FSRIA) and, if
the temporary amendment. RIN 0910–ZA29 finalized, will provide consumers with
Alternative Methods of Compliance
more useful information than the
Irradiation in the Production,
(AMOCs) current regulation.
Processing and Handling of Food
DATES: Submit written or electronic
(g)(1) The Manager, New York Aircraft
AGENCY: Food and Drug Administration, comments on the proposed rule by July
Certification Office, FAA, has the authority to
HHS. 3, 2007. Submit comments regarding
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
ACTION: Proposed rule. information collection by May 4, 2007
CFR 39.19.
to OMB (see ADDRESSES).
SUMMARY: The Food and Drug
(2) Before using any AMOC approved in ADDRESSES: You may submit comments,
Administration (FDA) is proposing to
accordance with § 39.19 on any airplane to identified by Docket No. 2005N–0272 by
revise its labeling regulations applicable
which the AMOC applies, notify the any of the following methods:
to foods (including dietary Electronic Submissions
appropriate principal inspector in the FAA supplements) for which irradiation has
Flight Standards Certificate Holding District Submit electronic comments in the
been approved by FDA. FDA is following ways:
Office. proposing that only those irradiated • Federal eRulemaking Portal: http://
Related Information foods in which the irradiation causes a www.regulations.gov. Follow the
(h) Canadian airworthiness directive CF– material change in the food, or a instructions for submitting comments.
2006–08, dated April 26, 2006, also addresses material change in the consequences • Agency Web site: http://
the subject of this AD. that may result from the use of the food, www.fda.gov/dockets/ecomments.
bear the radura logo and the term Follow the instructions for submitting
Issued in Renton, Washington, on March ‘‘irradiated,’’ or a derivative thereof, in comments on the agency Web site.
26, 2007. conjunction with explicit language Written Submissions
Ali Bahrami, describing the change in the food or its Submit written submissions in the
Manager, Transport Airplane Directorate, conditions of use. For purposes of this following ways:
Aircraft Certification Service. rulemaking, we are using the term • FAX: 301–827–6870.
[FR Doc. E7–6267 Filed 4–3–07; 8:45 am] ‘‘material change’’ to refer to a change • Mail/Hand delivery/Courier [For
BILLING CODE 4910–13–P in the organoleptic, nutritional, or paper, disk, or CD–ROM submissions]:
functional properties of a food, caused Division of Dockets Management (HFA–
by irradiation, that the consumer could 305), Food and Drug Administration,
not identify at the point of purchase in 5630 Fishers Lane, rm. 1061, Rockville,
the absence of appropriate labeling. MD 20852.
cprice-sewell on PROD1PC61 with PROPOSALS

FDA is also proposing to allow a firm to To ensure more timely processing of


petition FDA for use of an alternate term comments, FDA is no longer accepting
to ‘‘irradiation’’ (other than comments submitted to the agency by e-
‘‘pasteurized’’). In addition, FDA is mail. FDA encourages you to continue
proposing to permit a firm to use the to submit electronic comments by using
term ‘‘pasteurized’’ in lieu of the Federal eRulemaking Portal or the
‘‘irradiated,’’ provided it notifies the agency Web site, as described in the

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