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Federal Register / Vol. 71, No.

77 / Friday, April 21, 2006 / Proposed Rules 20593

oversight responsibility for the relevant from reports that excess sealant was information you provide. We will also
type certificate or supplemental type applied to the attachment bolts of the post a report summarizing each
certificate, as determined by the negative pressure relief valve, which substantive verbal contact with FAA
Administrator. interfered with the valve’s movable personnel concerning this proposed AD.
diaphragm. We are proposing this AD to Using the search function of that Web
§ 129.103–129.115 [Reserved] prevent incorrect operation of the site, anyone can find and read the
§ 129.117 [Reserved] negative pressure relief valve, which comments in any of our dockets,
18. Redesignate § 129.16 as new could result in negative pressures that including the name of the individual
§ 129.109. exceed the structural strength limits of who sent the comment (or signed the
the airframe and lead to reduced comment on behalf of an association,
§ 129.16 [Added and Reserved] structural integrity of the airplane. business, labor union, etc.). You may
19. A new § 129.16 is added and DATES: We must receive comments on review the DOT’s complete Privacy Act
reserved. this proposed AD by May 22, 2006. Statement in the Federal Register
ADDRESSES: Use one of the following
published on April 11, 2000 (65 FR
§ 129.32 [Redesignated] 19477–78), or you may visit http://
addresses to submit comments on this
20. Redesignate § 129.32 as new dms.dot.gov.
proposed AD.
§ 129.107. • DOT Docket Web site: Go to http:// Examining the Docket
§ 129.32 [Added and Reserved] dms.dot.gov and follow the instructions You may examine the AD docket on
21. A new § 129.32 is added and for sending your comments the Internet at http://dms.dot.gov, or in
reserved. electronically. person at the Docket Management
• Government-wide rulemaking Web Facility office between 9 a.m. and 5
§ 129.33 [Redesignated] site: Go to http://www.regulations.gov p.m., Monday through Friday, except
22. Redesignate § 129.33 as new and follow the instructions for sending Federal holidays. The Docket
§ 129.105. your comments electronically. Management Facility office (telephone
• Mail: Docket Management Facility, (800) 647–5227) is located on the plaza
§ 129.33 [Added and Reserved] U.S. Department of Transportation, 400
23. A new § 129.33 is added and level of the Nassif Building at the DOT
Seventh Street, SW., Nassif Building, street address stated in the ADDRESSES
reserved. room PL–401, Washington, DC 20590. section. Comments will be available in
Issued in Washington, DC, on April 13, • Fax: (202) 493–2251.
the AD docket shortly after the Docket
2006. • Hand Delivery: Room PL–401 on
Management System receives them.
James J. Ballough, the plaza level of the Nassif Building,
Director, Flight Standards Service, Aviation 400 Seventh Street, SW., Washington, Discussion
Safety. DC, between 9 a.m. and 5 p.m., Monday The Departamento de Aviacao Civil
Dorenda D. Baker, through Friday, except Federal holidays. (DAC), which is the airworthiness
Contact Empresa Brasileira de authority for Brazil, notified us that an
Acting Director, Aircraft Certification Service,
Aviation Safety. Aeronautica S.A. (EMBRAER), P.O. Box unsafe condition may exist on certain
343—CEP 12.225, Sao Jose dos EMBRAER Model ERJ 170 airplanes.
[FR Doc. 06–3758 Filed 4–20–06; 8:45 am]
Campos—SP, Brazil, for service The DAC advises that it has received
BILLING CODE 4910–13–P
information identified in this proposed several reports that excess sealant was
AD. applied to the attachment bolts of the
DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: negative pressure relief valve, which
Todd Thompson, Aerospace Engineer, interfered with the valve’s movable
Federal Aviation Administration International Branch, ANM–116, FAA, diaphragm. This condition, if not
Transport Airplane Directorate, 1601 corrected, could cause incorrect
14 CFR Part 39 Lind Avenue, SW., Renton, Washington operation of the negative pressure relief
98055–4056; telephone (425) 227–1175; valve, which could result in negative
[Docket No. FAA–2006–24523; Directorate
Identifier 2006–NM–057–AD] fax (425) 227–1149. pressures that exceed the structural
SUPPLEMENTARY INFORMATION: strength limits of the airframe and lead
RIN 2120–AA64 to reduced structural integrity of the
Comments Invited
airplane.
Airworthiness Directives; Empresa We invite you to submit any relevant
Brasileira de Aeronautica S.A. written data, views, or arguments Relevant Service Information
(EMBRAER) Model ERJ 170 Airplanes regarding this proposed AD. Send your EMBRAER has issued Service Bulletin
AGENCY: Federal Aviation comments to an address listed in the 170–21–0014, dated August 19, 2005.
Administration (FAA), Department of ADDRESSES section. Include the docket The service bulletin describes
Transportation (DOT). number ‘‘FAA–2006–24523; Directorate procedures for examining the
ACTION: Notice of proposed rulemaking Identifier 2006–NM–057–AD’’ at the attachment bolts of the negative
(NPRM). beginning of your comments. We pressure relief valve for excess sealant,
specifically invite comments on the and performing corrective actions if
SUMMARY: The FAA proposes to adopt a overall regulatory, economic, necessary. Corrective actions include
new airworthiness directive (AD) for environmental, and energy aspects of removing excess sealant, cleaning the
certain EMBRAER Model ERJ 170 the proposed AD. We will consider all affected area, and, if necessary,
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airplanes. This proposed AD would comments received by the closing date removing all the sealant and reapplying
require inspecting for excess sealant and may amend the proposed AD in new sealant. Accomplishing the actions
applied to the attachment bolts of the light of those comments. specified in the service information is
negative pressure relief valve, and We will post all comments we intended to adequately address the
performing corrective actions if receive, without change, to http:// unsafe condition. The DAC mandated
necessary. This proposed AD results dms.dot.gov, including any personal the service information and issued

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20594 Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules

Brazilian airworthiness directive 2005– ‘‘General requirements.’’ Under that Comments Due Date
12–05, dated January 19, 2006, to ensure section, Congress charges the FAA with (a) The FAA must receive comments on
the continued airworthiness of these promoting safe flight of civil aircraft in this AD action by May 22, 2006.
airplanes in Brazil. air commerce by prescribing regulations
Affected ADs
for practices, methods, and procedures
FAA’s Determination and Requirements (b) None.
the Administrator finds necessary for
of the Proposed AD
safety in air commerce. This regulation Applicability
These airplane models are is within the scope of that authority (c) This AD applies to EMBRAER Model
manufactured in Brazil and are type because it addresses an unsafe condition ERJ 170–100 LR, –100 STD, –100 SE, and
certificated for operation in the United that is likely to exist or develop on –100 SU airplanes, certificated in any
States under the provisions of section products identified in this rulemaking category; having serial numbers 17000002
21.29 of the Federal Aviation action. through 17000099.
Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness Regulatory Findings Unsafe Condition
agreement. Pursuant to this bilateral We have determined that this (d) This AD results from reports that excess
airworthiness agreement, the DAC has proposed AD would not have federalism sealant was applied to the attachment bolts
kept the FAA informed of the situation implications under Executive Order of the negative pressure relief valve, which
described above. We have examined the 13132. This proposed AD would not interfered with the valve’s movable
DAC’s findings, evaluated all pertinent diaphragm. We are issuing this AD to prevent
have a substantial direct effect on the
incorrect operation of the negative pressure
information, and determined that we States, on the relationship between the relief valve, which could result in negative
need to issue an AD for airplanes of this national Government and the States, or pressures that exceed the structural strength
type design that are certificated for on the distribution of power and limits of the airframe and lead to reduced
operation in the United States. responsibilities among the various structural integrity of the airplane.
Therefore, we are proposing this AD, levels of government.
which would require accomplishing the For the reasons discussed above, I Compliance
actions specified in the service certify that the proposed regulation: (e) You are responsible for having the
information described previously, 1. Is not a ‘‘significant regulatory actions required by this AD performed within
except as discussed under ‘‘Difference action’’ under Executive Order 12866; the compliance times specified, unless the
Between Proposed AD and Service 2. Is not a ‘‘significant rule’’ under the actions have already been done.
Bulletin and Brazilian Airworthiness DOT Regulatory Policies and Procedures Inspection
Directive.’’ (44 FR 11034, February 26, 1979); and (f) Within 700 flight hours after the
Difference Between Proposed AD and 3. Will not have a significant effective date of this AD, perform a general
Service Bulletin and Brazilian economic impact, positive or negative, visual inspection of the attachment bolts of
Airworthiness Directive on a substantial number of small entities the negative pressure relief valve for excess
under the criteria of the Regulatory sealant and perform the applicable corrective
EMBRAER Service Bulletin 170–21– Flexibility Act. actions, by accomplishing all applicable
0014 specifies to ‘‘examine’’ the We prepared a regulatory evaluation actions specified in the Accomplishment
attachment bolts of the negative of the estimated costs to comply with Instructions of EMBRAER Service Bulletin
pressure relief valve and Brazilian this proposed AD and placed it in the 170–21–0014, dated August 19, 2005.
airworthiness directive 2005–12–05 Corrective actions must be performed prior to
AD docket. See the ADDRESSES section further flight.
specifies to ‘‘check’’ those bolts; for a location to examine the regulatory
however, for clarity, this proposed AD Note 1: For the purposes of this AD, a
evaluation.
would require a general visual general visual inspection is: ‘‘A visual
inspection of those bolts. We have List of Subjects in 14 CFR Part 39 examination of an interior or exterior area,
included the definition of this type of installation, or assembly to detect obvious
Air transportation, Aircraft, Aviation damage, failure, or irregularity. This level of
inspection in the proposed AD. safety, Safety. inspection is made from within touching
Costs of Compliance The Proposed Amendment distance unless otherwise specified. A mirror
may be necessary to ensure visual access to
This proposed AD would affect about Accordingly, under the authority all surfaces in the inspection area. This level
54 airplanes of U.S. registry. The delegated to me by the Administrator, of inspection is made under normally
proposed actions would take about 1 the FAA proposes to amend 14 CFR part available lighting conditions such as
work hour per airplane, at an average 39 as follows: daylight, hangar lighting, flashlight, or
labor rate of $80 per work hour. Based droplight and may require removal or
on these figures, the estimated cost of PART 39—AIRWORTHINESS opening of access panels or doors. Stands,
the proposed AD for U.S. operators is DIRECTIVES ladders, or platforms may be required to gain
$4,320, or $80 per airplane. proximity to the area being checked.’’
1. The authority citation for part 39
Authority for This Rulemaking continues to read as follows: Alternative Methods of Compliance
(AMOCs)
Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701.
specifies the FAA’s authority to issue (g)(1) The Manager, International Branch,
rules on aviation safety. Subtitle I, § 39.13 [Amended] ANM–116, Transport Airplane Directorate,
2. The Federal Aviation FAA, has the authority to approve AMOCs
section 106, describes the authority of
for this AD, if requested in accordance with
the FAA Administrator. Subtitle VII, Administration (FAA) amends § 39.13
the procedures found in 14 CFR 39.19.
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Aviation Programs, describes in more by adding the following new (2) Before using any AMOC approved in
detail the scope of the Agency’s airworthiness directive (AD): accordance with § 39.19 on any airplane to
authority. Empresa Brasileira de Aeronautica S.A. which the AMOC applies, notify the
We are issuing this rulemaking under (EMBRAER): Docket No. FAA–2006– appropriate principal inspector in the FAA
the authority described in subtitle VII, 24523; Directorate Identifier 2006–NM– Flight Standards Certificate Holding District
part A, subpart III, section 44701, 057–AD. Office.

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Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules 20595

Related Information fuel starvation during maximum climb Discussion


(h) Brazilian airworthiness directive 2005– and descent caused by poor fuel tank Mandatory continuing airworthiness
12–05, dated January 19, 2006, also addresses venting with low fuel levels, which information and the FAA’s
the subject of this AD. could result in a loss of engine power determination that an unsafe condition
Issued in Renton, Washington, on April 13, during critical phases of flight. existed on certain Pilatus Models PC–6,
2006. DATES: We must receive comments on PC–6/A, PC–6/B–H2, PC–6/B1–H2, PC–
Ali Bahrami, this proposed AD by May 24, 2006. 6/B, PC–6/C series airplanes (all models
Manager, Transport Airplane Directorate, ADDRESSES: Use one of the following
in the TCDS) equipped with turbo-prop
Aircraft Certification Service.
addresses to comment on this proposed engines caused us to issue AD 98–12–
[FR Doc. E6–5987 Filed 4–20–06; 8:45 am] AD: 01, Amendment 39–10558 (63 FR
30370, June 4, 1998). AD 98–12–01
BILLING CODE 4910–13–P
• DOT Docket Web site: Go to http:// currently requires you to modify the
dms.dot.gov and follow the instructions fuel system to improve the venting
DEPARTMENT OF TRANSPORTATION for sending your comments between the collector tank, the main
electronically. wing tanks, and the engine on certain
Federal Aviation Administration • Government-wide rulemaking Web Models PC–6, PC–6/A, PC–6/B–H2, PC–
site: Go to http://www.regulations.gov 6/B1–H2, PC–6/B, PC–6/C series
14 CFR Part 39 and follow the instructions for sending airplanes.
your comments electronically. The Federal Office for Civil Aviation
[Docket No. FAA–2006–24091; Directorate
Identifier 2006–CE–17–AD] • Mail: Docket Management Facility; (FOCA), which is the airworthiness
U.S. Department of Transportation, 400 authority for Switzerland, notified the
RIN 2120–AA64 Seventh Street, SW., Nassif Building, FAA of the need to supersede AD 98–
Room PL–401, Washington, DC 20590– 12–01 to address an unsafe condition
Airworthiness Directives; Pilatus 0001. that may exist or could develop on
Aircraft Ltd. Models PC–6, PC–6–H1,
• Fax: (202) 493–2251. certain Models PC–6, PC–6/A, PC–6/B–
PC–6–H2, PC–6/350, PC–6/350–H1, PC– H2, PC–6/B1–H2, PC–6/B, PC–6/C series
6/350–H2, PC–6/A, PC–6/A–H1, PC–6/ • Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building, airplanes. The FOCA reports that the
A–H2, PC–6/B–H2, PC–6/B1–H2, PC–6/ AD action should also apply to all the
B2–H2, PC–6/B2–H4, PC–6/C–H2, and 400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday models of the PC–6 airplanes listed in
PC–6/C1–H2 Airplanes the type certification data sheet of TC
through Friday, except Federal holidays.
AGENCY: Federal Aviation No. 7A15 produced in the United States
For service information identified in
Administration (FAA), Department of through a licensing agreement between
this proposed AD, contact Pilatus
Transportation (DOT). Pilatus and Fairchild Republic
Aircraft Ltd., Customer Liaison
Company (also identified as Fairchild
ACTION: Notice of proposed rulemaking Manager, CH–6371 Stans, Switzerland;
Industries, Fairchild Heli Porter, or
(NPRM). telephone: +41 41 619 63 19; facsimile:
Fairchild-Hiller Corporation).
+41 41 619 6224. This condition, if not corrected, could
SUMMARY: We propose to supersede
FOR FURTHER INFORMATION CONTACT: result in engine fuel starvation during
Airworthiness Directive (AD) 98–12–01,
Doug Rudolph, Aerospace Engineer, maximum climb and descent caused by
which applies to certain Pilatus Aircraft
FAA, Small Airplane Directorate, 901 poor fuel tank venting with low fuel
Ltd (Pilatus) Models PC–6, PC–6/A, PC–
Locust, Room 301, Kansas City, levels, which could result in a loss of
6/B, and PC–6/C series airplanes
Missouri 64106; telephone: (816) 329– engine power during critical phases of
equipped with turbo-prop engines. AD
4059; facsimile: (816) 329–4090. flight.
98–12–01 currently requires you to
modify the fuel system to improve the SUPPLEMENTARY INFORMATION: Foreign Airworthiness Authority
venting between the collector tank, the Comments Invited Information
main wing tanks, and the engine. Since The FOCA recently issued Swiss AD
we issued AD 98–12–01, the FAA We invite you to send any written
Number HB 2005–289, effective date
determined the action should also apply relevant data, views, or arguments
August 23, 2005, to ensure the
to all the models of the PC–6 airplanes regarding this proposed AD. Send your continued airworthiness of all models of
listed in the type certification data sheet comments to an address listed under the the PC–6 airplanes listed in TC No.
of Type Certificate (TC) No. 7A15 that ADDRESSES section. Include the docket
7A15, including those produced in the
are produced in the United States number, ‘‘FAA–2006–24091; Directorate United States under a licensing
through a licensing agreement between Identifier 2006–CE–17–AD’’ at the agreement with Pilatus and Fairchild
Pilatus and Fairchild Republic beginning of your comments. We Republic Company (also identified as
Company (also identified as Fairchild specifically invite comments on the Fairchild Industries, Fairchild Heli
Industries, Fairchild Heli Porter, or overall regulatory, economic, Porter, or Fairchild-Hiller Corporation).
Fairchild-Hiller Corporation). In environmental, and energy aspects of The State of Design for the Pilatus
addition, the intent of the applicability the proposed AD. We will consider all PC–6 airplanes is Switzerland and the
of AD 98–12–01 was to apply to affected comments received by the closing date airplanes are type-certificated for
serial numbers of the airplane models and may amend the proposed AD in operation in the United States under the
listed in TC No. 7A15. Consequently, light of those comments. provisions of section 21.29 of the
this proposed AD would retain all the We will post all comments we Federal Aviation Regulations (14 CFR
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actions of AD 98–12–01, would add receive, without change, to http:// 21.29) and the applicable bilateral
those Fairchild Republic Company dms.dot.gov, including any personal airworthiness agreement.
airplanes to the applicability of this information you provide. We will also Under this bilateral airworthiness
proposed AD, and would list out the post a report summarizing each agreement, the FOCA has kept us
individual specific airplane models. We substantive verbal contact we receive informed of the situation described
are proposing this AD to prevent engine concerning this proposed AD. above.

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