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55124 Federal Register / Vol. 72, No.

188 / Friday, September 28, 2007 / Proposed Rules

§ 39.13 [Amended] FAA AD Differences DEPARTMENT OF TRANSPORTATION


2. The FAA amends § 39.13 by adding Note: This AD differs from the MCAI and/
Federal Aviation Administration
the following new AD: or service information as follows: No
BAE Systems (Operations) Limited differences.
14 CFR Part 39
(Formerly British Aerospace Regional Other FAA AD Provisions
Aircraft): Docket No. FAA–2007–29337; [Docket No. FAA–2007–29336; Directorate
Directorate Identifier 2007–NM–150–AD. (g) The following provisions also apply to Identifier 2007–NM–143–AD]
this AD: RIN 2120–AA64
Comments Due Date (1) Alternative Methods of Compliance
(a) We must receive comments by October (AMOCs): The Manager, International Airworthiness Directives; Airbus Model
29, 2007. Branch, ANM–116, FAA, has the authority to A300, A310, and A300–600 Series
Affected ADs approve AMOCs for this AD, if requested Airplanes
using the procedures found in 14 CFR 39.19.
(b) None. AGENCY: Federal Aviation
Send information to ATTN: Todd Thompson,
Applicability Aerospace Engineer, International Branch, Administration (FAA), DOT.
(c) This AD applies to BAE Systems ANM–116, FAA, Transport Airplane ACTION: Notice of proposed rulemaking
(Operations) Limited Model BAe 146 and Directorate, 1601 Lind Avenue, SW., Renton, (NPRM).
Model Avro 146–RJ airplanes; certificated in Washington 98057–3356; telephone (425)
any category; all models, all serial numbers. 227–1175; fax (425) 227–1149. Before using SUMMARY: We propose to adopt a new
any approved AMOC on any airplane to airworthiness directive (AD) for the
Subject products listed above. This proposed
which the AMOC applies, notify your
(d) Air Transport Association (ATA) of appropriate principal inspector (PI) in the AD results from mandatory continuing
America Code 53: Fuselage. FAA Flight Standards District Office (FSDO), airworthiness information (MCAI)
Reason or lacking a PI, your local FSDO. originated by an aviation authority of
(e) The mandatory continuing (2) Airworthy Product: For any requirement another country to identify and correct
airworthiness information (MCAI) states: in this AD to obtain corrective actions from an unsafe condition on an aviation
Corrosion has been reported beneath the a manufacturer or other source, use these product. The MCAI describes the unsafe
heat shield which is located around the APU actions if they are FAA-approved. Corrective condition as:
(auxiliary power unit) exhaust outlet. Such actions are considered FAA-approved if they * * * accidents which occurred to in-
corrosion could result in the fuselage being are approved by the State of Design Authority service aircraft caused by the violent opening
unable to sustain horizontal and vertical (or their delegated agent). You are required of the passenger door related to excessive
stabiliser loads. This is considered as to assure the product is airworthy before it residual pressure in the cabin.
potentially hazardous/catastrophic. This AD is returned to service.
mandates inspections necessary to address The proposed AD would require
(3) Reporting Requirements: For any
the identified unsafe condition. actions that are intended to address the
reporting requirement in this AD, under the
The unsafe condition is that the horizontal unsafe condition described in the MCAI.
provisions of the Paperwork Reduction Act,
or vertical stabilizer might collapse under the Office of Management and Budget (OMB) DATES: We must receive comments on
excessive load, resulting in loss of control of this proposed AD by October 29, 2007.
has approved the information collection
the airplane. Corrective actions include ADDRESSES: You may send comments by
requirements and has assigned OMB Control
repetitive detailed visual inspections for
Number 2120–0056. any of the following methods:
corrosion, pitted fasteners, or pillowing of
the APU heat shield and surrounding skin
• DOT Docket Web Site: Go to http://
Related Information dms.dot.gov and follow the instructions
and, if applicable, removal of the heat shield
and repair. (h) Refer to MCAI European Aviation for sending your comments
Safety Agency Airworthiness Directive 2007– electronically.
Actions and Compliance 0075, dated March 20, 2007; BAE Systems • Fax: (202) 493–2251.
(f) Unless already done, do the following (Operations) Limited Inspection Service • Mail: U.S. Department of
actions. Bulletin ISB.53–191, dated October 25, 2006; Transportation, Docket Operations, M–
(1) Within 12 months after the effective and BAE Systems (Operations) Limited 30, West Building Ground Floor, Room
date of this AD and thereafter at intervals not Modification Service Bulletin SB.53–193– W12–140, 1200 New Jersey Avenue, SE.,
to exceed 24 months, perform a detailed 60732A, dated November 1, 2006; for related Washington, DC 20590.
visual inspection of the APU heat shield and information. • Hand Delivery: Room W12–140 on
surrounding skin, in accordance with
paragraph 2.C. of BAE Systems (Operations) Issued in Renton, Washington, on the ground floor of the West Building,
Limited Inspection Service Bulletin ISB.53– September 21, 2007. 1200 New Jersey Avenue, SE.,
191, dated October 25, 2006. Ali Bahrami,
Washington, DC, between 9 a.m. and 5
(2) If any corrosion, pitted fastener, or p.m., Monday through Friday, except
Manager, Transport Airplane Directorate,
pillowing is found during any detailed visual Federal holidays.
Aircraft Certification Service.
inspection required by paragraph (f)(1) of this • Federal eRulemaking Portal: http://
AD, before the next flight, remove the APU [FR Doc. E7–19197 Filed 9–27–07; 8:45 am] www.regulations.gov. Follow the
heat shield and repair the affected area in BILLING CODE 4910–13–P instructions for submitting comments.
accordance with paragraph 2.D. of BAE
Systems (Operations) Limited Inspection Examining the AD Docket
Service Bulletin ISB.53–191, dated October You may examine the AD docket on
25, 2006. the Internet at http://dms.dot.gov; or in
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(3) For any airplane modified in


person at the Docket Operations office
accordance with BAE Systems (Operations)
Limited Modification Service Bulletin SB.53– between 9 a.m. and 5 p.m., Monday
193–60732A, dated November 1, 2006, the through Friday, except Federal holidays.
repetitive interval specified in paragraph The AD docket contains this proposed
(f)(1) of this AD may be extended to 48 AD, the regulatory evaluation, any
months.

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Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Proposed Rules 55125

comments received, and other FAA’s Determination and Requirements is within the scope of that authority
information. The street address for the of This Proposed AD because it addresses an unsafe condition
Docket Operations office (telephone This product has been approved by that is likely to exist or develop on
(800) 647–5527) is in the ADDRESSES the aviation authority of another products identified in this rulemaking
section. Comments will be available in country, and is approved for operation action.
the AD docket shortly after receipt. in the United States. Pursuant to our Regulatory Findings
FOR FURTHER INFORMATION CONTACT: Tom bilateral agreement with the State of
Design Authority, we have been notified We determined that this proposed AD
Stafford, Aerospace Engineer,
of the unsafe condition described in the would not have federalism implications
International Branch, ANM–116,
MCAI and service information under Executive Order 13132. This
Transport Airplane Directorate, FAA,
referenced above. We are proposing this proposed AD would not have a
1601 Lind Avenue, SW., Renton,
AD because we evaluated all pertinent substantial direct effect on the States, on
Washington 98057–3356; telephone
information and determined an unsafe the relationship between the national
(425) 227–1622; fax (425) 227–1149.
condition exists and is likely to exist or Government and the States, or on the
SUPPLEMENTARY INFORMATION: develop on other products of the same distribution of power and
type design. responsibilities among the various
Comments Invited levels of government.
Differences Between This AD and the
We invite you to send any written For the reasons discussed above, I
MCAI or Service Information
relevant data, views, or arguments about certify this proposed regulation:
this proposed AD. Send your comments We have reviewed the MCAI and 1. Is not a ‘‘significant regulatory
to an address listed under the related service information and, in action’’ under Executive Order 12866;
ADDRESSES section. Include ‘‘Docket No.
general, agree with their substance. But
2. Is not a ‘‘significant rule’’ under the
FAA–2007–29336; Directorate Identifier we might have found it necessary to use
DOT Regulatory Policies and Procedures
2007–NM–143–AD’’ at the beginning of different words from those in the MCAI
(44 FR 11034, February 26, 1979); and
your comments. We specifically invite to ensure the AD is clear for U.S.
operators and is enforceable. In making 3. Will not have a significant
comments on the overall regulatory, economic impact, positive or negative,
economic, environmental, and energy these changes, we do not intend to differ
substantively from the information on a substantial number of small entities
aspects of this proposed AD. We will under the criteria of the Regulatory
consider all comments received by the provided in the MCAI and related
service information. Flexibility Act.
closing date and may amend this We prepared a regulatory evaluation
We might also have proposed
proposed AD based on those comments. of the estimated costs to comply with
different actions in this AD from those
We will post all comments we in the MCAI in order to follow FAA this proposed AD and placed it in the
receive, without change, to http:// policies. Any such differences are AD docket.
dms.dot.gov, including any personal highlighted in a NOTE within the
information you provide. We will also List of Subjects in 14 CFR Part 39
proposed AD.
post a report summarizing each Air transportation, Aircraft, Aviation
substantive verbal contact we receive Costs of Compliance
safety, Safety.
about this proposed AD. Based on the service information, we
estimate that this proposed AD would The Proposed Amendment
Discussion affect about 238 products of U.S. Accordingly, under the authority
The European Aviation Safety Agency registry. We also estimate that it would delegated to me by the Administrator,
(EASA), which is the Technical Agent take about 1 work-hour per product to the FAA proposes to amend 14 CFR part
for the Member States of the European comply with the basic requirements of 39 as follows:
this proposed AD. The average labor
Community, has issued EASA
rate is $80 per work-hour. Based on PART 39—AIRWORTHINESS
Airworthiness Directive 2007–0093 R1,
these figures, we estimate the cost of the DIRECTIVES
dated April 17, 2007 (referred to after
proposed AD on U.S. operators to be
this as ‘‘the MCAI’’), to correct an unsafe 1. The authority citation for part 39
$19,040, or $80 per product.
condition for the specified products. continues to read as follows:
The MCAI states: Authority for This Rulemaking
Authority: 49 U.S.C. 106(g), 40113, 44701.
The present AD requires the flight crew to Title 49 of the United States Code
follow the instructions of the ‘‘emergency specifies the FAA’s authority to issue § 39.13 [Amended]
procedure check of delta P = 0’’ of the rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by adding
Aircraft Flight Manual (AFM) at the latest section 106, describes the authority of the following new AD:
revision date. the FAA Administrator. ‘‘Subtitle VII:
This AD falls within the scope of a set of Aviation Programs,’’ describes in more Airbus: Docket No. FAA–2007–29336;
corrective measures developed by AIRBUS Directorate Identifier 2007–NM–143–AD.
detail the scope of the Agency’s
subsequent to accidents which occurred to authority. Comments Due Date
in-service aircraft caused by the violent We are issuing this rulemaking under (a) We must receive comments by October
opening of the passenger door related to the authority described in ‘‘Subtitle VII, 29, 2007.
excessive residual pressure in the cabin. Part A, Subpart III, Section 44701:
* * * Affected ADs
General requirements.’’ Under that
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The corrective action is revising the section, Congress charges the FAA with (b) None.
Emergency Procedures sections of the promoting safe flight of civil aircraft in Applicability
AFMs to advise the flightcrew of new air commerce by prescribing regulations (c) This AD applies to Airbus Model A300,
procedures for emergency evacuation. for practices, methods, and procedures A310, and A300–600 series airplanes,
You may obtain further information by the Administrator finds necessary for certificated in any category, all certified
examining the MCAI in the AD docket. safety in air commerce. This regulation models and all serial numbers.

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55126 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Proposed Rules

Subject • If evacuation not required: Issued in Renton, Washington, on


(d) Air Transport Association (ATA) of CABIN CREW and PAS- September 21, 2007.
America Code 21: Air conditioning. SENGERS ...................... Notify’’ Ali Bahrami,
Reason (3) For Model A310 and A300–600 series Manager, Transport Airplane Directorate,
airplanes, revise the Emergency Procedures Aircraft Certification Service.
(e) The mandatory continuing
sections of the AFM to include the following [FR Doc. E7–19203 Filed 9–27–07; 8:45 am]
airworthiness information (MCAI) states:
information. This may be done by inserting BILLING CODE 4910–13–P
The present AD requires the flight crew to
follow the instructions of the ‘‘emergency a copy of this AD into the AFM.
procedure check of delta P = 0’’ of the ‘‘Before opening doors:
Aircraft Flight Manual (AFM) at the latest • IF DEPRESS VALVE se-
revision date. lected in MAN mode: SECURITIES AND EXCHANGE
This AD falls within the scope of a set of —DEPRESS VALVE MAN COMMISSION
corrective measures developed by AIRBUS CLT ................................ Full Open
subsequent to accidents which occurred to —DP (Diff press) ............... Check zero 17 CFR Part 275
in-service aircraft caused by the violent • If evacuation required:
opening of the passenger door related to —Evacuation ..................... Initiate [Release No. IA–2652; File No. S7–22–07]
excessive residual pressure in the cabin. —BAT (before leaving A/
* * * C) ................................... OFF/R RIN 3235–AJ97
The corrective action is revising the • If evacuation not required:
Emergency Procedures sections of the AFMs —CABIN CREW and PAS-
to advise the flightcrew of new procedures
Interpretive Rule Under the Advisers
SENGERS ...................... Notify’’
for emergency evacuation. Act Affecting Broker-Dealers
Note 1: When the information described in
Actions and Compliance paragraphs (f)(1), (f)(2), or (f)(3) has been
AGENCY: Securities and Exchange
(f) Within 30 days after the effective date included in the general revisions of the AFM, Commission.
of this AD, unless already done, do the the general revisions may be inserted in the ACTION: Proposed rule.
following actions. applicable AFM, and the copy of the AD may
(1) For Model A300 series airplanes be removed from that AFM. SUMMARY: The Securities and Exchange
without modification 10002 installed, revise Commission is publishing for comment
the Emergency Procedures sections of the FAA AD Differences an interpretive rule that would address
AFM to include the following statement. This the application of the Investment
Note 2: This AD differs from the MCAI
may be done by inserting a copy of this AD Advisers Act of 1940 to certain activities
into the AFM. and/or service information as follows: No
differences. of broker-dealers. The proposal would
‘‘EMERGENCY EVACUATION reinstate three interpretive provisions of
AIRCRAFT/PARKING Other FAA AD Provisions a rule that was vacated by a recent court
BRAKE ........................... Stop/Set
(g) The following provisions also apply to opinion. The first provision would
ATC (VHF 1) ..................... Notify
this AD: clarify that a broker-dealer that exercises
Cabin crew ........................ Notify
(1) Alternative Methods of Compliance investment discretion with respect to an
EMER EXIT LT ................. ON
(AMOCs): The Manager, International account or charges a separate fee, or
BOTH FUEL LEVERS ....... OFF
Branch, ANM–116, FAA, has the authority to
FIRE handles (ENG and separately contracts, for advisory
APU) .............................. Pull approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
services provides investment advice that
AGENTS (ENG and APU) as rqrd is not ‘‘solely incidental to’’ its business
RAM AIR INLET .............. Open Send information to ATTN: Tom Stafford,
Aerospace Engineer, International Branch, as a broker-dealer. The second provision
Before opening doors:
ANM–116, Transport Airplane Directorate, would clarify that a broker-dealer does
DP (DIFF PRESS) .............. Check zero
• If evacuation required: FAA, 1601 Lind Avenue, SW., Renton, not receive special compensation within
Evacuation ........................ Initiate Washington 98057–3356; telephone (425) the meaning of section 202(a)(11)(C) of
• If evacuation not required: 227–1622; fax (425) 227–1149. Before using the Advisers Act solely because it
CABIN CREW and PAS- any approved AMOC on any airplane to charges a commission for discount
SENGERS ...................... Notify’’ which the AMOC applies, notify your brokerage services that is less than it
appropriate principal inspector (PI) in the
(2) For Model A300 series airplanes on charges for full-service brokerage. The
FAA Flight Standards District Office (FSDO),
which modification 10002 is installed, revise or lacking a PI, your local FSDO.
third provision would clarify that a
the Emergency Procedures sections of the (2) Airworthy Product: For any requirement registered broker-dealer is an
AFM to include the following statement. This in this AD to obtain corrective actions from investment adviser solely with respect
may be done by inserting a copy of this AD a manufacturer or other source, use these to those accounts for which it provides
into the AFM. actions if they are FAA-approved. Corrective services or receives compensation that
‘‘EMERGENCY EVACUATION actions are considered FAA-approved if they subjects it to the Advisers Act.
(Mod 10002) are approved by the State of Design Authority DATES: Comments should be received on
AIRCRAFT/PARKING (or their delegated agent). You are required
BRAKE ........................... Stop/Set
or before November 2, 2007.
to assure the product is airworthy before it
ATC (VHF 1) ..................... Notify is returned to service. ADDRESSES: Comments may be
Cabin crew ........................ Notify (3) Reporting Requirements: For any submitted by any of the following
EMER EXIT LT ................. ON reporting requirement in this AD, under the methods:
CL LT ................................ ON provisions of the Paperwork Reduction Act,
BOTH FUEL LEVERS ....... OFF the Office of Management and Budget (OMB) Electronic Comments
FIRE handles (ENG and has approved the information collection • Use the Commission’s Internet
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APU) .............................. Pull requirements and has assigned OMB Control comment form (http://www.sec.gov/
AGENTS (ENG and APU) as rqrd Number 2120–0056.
RAM AIR INLET .............. Open rules/proposed.shtml); or
Before opening doors: Related Information • Send an e-mail to rule-
DP (DIFF PRESS) .............. Check zero (h) Refer to MCAI EASA Airworthiness comments@sec.gov. Please include File
• If evacuation required: Directive 2007–0093 R1, dated April 17, Number S7–22–07 on the subject line;
Evacuation ........................ Initiate 2007, for related information. or

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