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Federal Register / Vol. 72, No.

16 / Thursday, January 25, 2007 / Rules and Regulations 3357

List of Subjects in 14 CFR Part 39 Locust, Room 301, Kansas City, Missouri crease beam and adjacent intercostals,
64106; telephone: (816) 329–4146; fax: (816) stringers, frames, and skin panels; and
Air transportation, Aircraft, Aviation 329–4090, has the authority to approve
safety, Incorporation by reference, related investigative and corrective
AMOCs for this AD, if requested using the actions if cracking is found. This AD
Safety. procedures found in 14 CFR 39.19.
results from a report indicating that an
Adoption of the Amendment Related Information operator discovered crease beam
■ Accordingly, under the authority (g) This AD is related to EASA EAD No. cracking on two Model 747 airplanes.
delegated to me by the Administrator, 2006–0352–E, dated November 24, 2006, We are issuing this AD to detect and
which references Dornier Luftfahrt GmbH correct cracking of the crease beam and
the FAA amends 14 CFR part 39 as
ASB–228–265, dated November 17, 2006. adjacent structure, which could become
follows:
Material Incorporated by Reference large and result in in-flight
PART 39—AIRWORTHINESS (h) You must use DORNIER LUFTFAHRT
depressurization and inability of the
DIRECTIVES GmbH Service Bulletin No. ASB–228–265, airframe structure to sustain flight loads.
dated November 17, 2006, to do the actions DATES: This AD becomes effective
■ 1. The authority citation for part 39
required by this AD, unless the AD specifies March 1, 2007.
continues to read as follows: otherwise. The Director of the Federal Register
Authority: 49 U.S.C. 106(g), 40113, 44701. (1) The Director of the Federal Register
approved the incorporation by reference of
approved the incorporation by reference
§ 39.13 [Amended] this service information under 5 U.S.C. of a certain publication listed in the AD
552(a) and 1 CFR part 51. as of March 1, 2007.
■ 2. The FAA amends § 39.13 by adding
the following new airworthiness (2) For service information identified in ADDRESSES: You may examine the AD
this AD, contact RVAG Aerospace Services docket on the Internet at http://
directive (AD):
GmbH, Dornier 228 Customer Support, P.O. dms.dot.gov or in person at the Docket
2007–02–13 DORNIER LUFTFAHRT: Box 1253, D–82231 Wessling, Federal
Amendment 39–14900; Docket No. Management Facility, U.S. Department
Republic of Germany.
FAA–2006–26597; Directorate Identifier (3) You may review copies at the FAA, of Transportation, 400 Seventh Street,
2006–CE–86–AD. Central Region, Office of the Regional SW., Nassif Building, Room PL–401,
Counsel, 901 Locust, Kansas City, Missouri Washington, DC.
Effective Date
64106; or at the National Archives and Contact Boeing Commercial
(a) This AD becomes effective on March 1, Records Administration (NARA). For Airplanes, P.O. Box 3707, Seattle,
2007. information on the availability of this Washington 98124–2207, for the service
Affected ADs material at NARA, call 202–741–6030, or go information identified in this AD.
to: http://www.archives.gov/federal_register/
(b) None. code_of_federal_regulations/ FOR FURTHER INFORMATION CONTACT: Ivan
Applicability ibr_locations.html. Li, Aerospace Engineer, Airframe
(c) This AD applies to DORNIER Issued in Kansas City, Missouri, on January
Branch, ANM–120S, FAA, Seattle
LUFTFAHRT GmbH Model 228–212 12, 2007. Aircraft Certification Office, 1601 Lind
airplanes, all serial numbers, if Carbon Brake Kim Smith,
Avenue, SW., Renton, Washington
Assemblies with Part Number (P/N) 98057–3356; telephone (425) 917–6437;
Manager, Small Airplane Directorate, Aircraft
5009850–1, 5009850–2, 5009850–3 or
Certification Service.
fax (425) 917–6590.
5009850–4 are installed, that are certificated SUPPLEMENTARY INFORMATION:
in any category. [FR Doc. E7–900 Filed 1–24–07; 8:45 am]

Unsafe Condition
BILLING CODE 4910–13–P Examining the Docket
(d) This AD is the result of loose bolts and You may examine the airworthiness
nuts being detected on the landing gear DEPARTMENT OF TRANSPORTATION directive (AD) docket on the Internet at
carbon brake assembly during a maintenance http://dms.dot.gov or in person at the
inspection. We are issuing this AD to require Federal Aviation Administration Docket Management Facility office
an inspection to detect loose bolts and self- between 9 a.m. and 5 p.m., Monday
locking nuts on the landing gear carbon brake
14 CFR Part 39 through Friday, except Federal holidays.
assembly, which, if not corrected, could
result in the brake assembly detaching and [Docket No. FAA–2006–25518; Directorate
The Docket Management Facility office
malfunctioning, degrading brake Identifier 2006–NM–092–AD; Amendment (telephone (800) 647–5227) is located on
performance, and potentially causing loss of 39–14881; AD 2007–01–09] the plaza level of the Nassif Building at
control of the aircraft during landing or roll- the street address stated in the
out. RIN 2120–AA64 ADDRESSES section.
Compliance Airworthiness Directives; Boeing Discussion
(e) To address this problem, you must do Model 747–100B SUD, 747–200B, 747–
The FAA issued a notice of proposed
the following, unless already done, before the 300, 747–400, 747–400D, and 747SP
next flight after the effective date of this AD:
rulemaking (NPRM) to amend 14 CFR
Series Airplanes
Inspect the landing gear carbon brake part 39 to include an AD that would
assembly in accordance with the instructions AGENCY: Federal Aviation apply to Boeing Model 747–100B SUD,
contained in DORNIER LUFTFAHRT GmbH Administration (FAA), Department of 747–200B, 747–300, 747–400, 747–
Dornier 228 Alert Service Bulletin ASB–228– Transportation (DOT). 400D, and 747SP series airplanes. That
265 dated November 17, 2006, and, if ACTION: Final rule. NPRM was published in the Federal
necessary, replace the affected brake Register on August 8, 2006 (71 FR
assembly. SUMMARY: The FAA is adopting a new 44933). That NPRM proposed to require
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Alternative Methods of Compliance airworthiness directive (AD) for certain repetitive inspections for cracking of the
(AMOCs) Boeing Model 747–100B SUD, 747– crease beam and adjacent intercostals,
(f) The Manager, Standards Staff, FAA, 200B, 747–300, 747–400, 747–400D, and stringers, frames, and skin panels; and
ATTN: Karl Schletzbaum, Aerospace 747SP series airplanes. This AD requires related investigative and corrective
Engineer, Small Airplane Directorate, 901 repetitive inspections for cracking of the actions if cracking is found.

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3358 Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations

Comments cannot rely for compliance upon private Transportation’s DMS, we are currently
We provided the public the writings. Since the interpretation of a in the process of reviewing issues
opportunity to participate in the document is a question of law and not surrounding the posting of service
development of this AD. of fact, a service document not bulletins on the DMS as part of an AD
incorporated by reference will not be docket. Once we have thoroughly
Clarification of Submission of considered in a legal finding of the examined all aspects of this issue and
Comments to This AD meaning of an airworthiness directive. have made a final determination, we
The Docket Management System has We are therefore concerned that failure will consider whether our current
informed us that an error occurred in to incorporate essential service practice needs to be revised. No change
the assignment of the docket number information could result in a court to the final rule is necessary in response
provided for this AD. DMS docket decision invalidating the airworthiness to this comment.
number FAA–2006–22518 appeared in directive.
‘‘Incorporated by reference service Conclusion
the published NPRM; in fact, the correct
docket number is FAA–2006–25518. documents should be made available to We have carefully reviewed the
The number 22518 refers to docket the public by publication in the available data, including the comments
NHTSA–2005–22518, which is a motor Document [sic]Management System received, and determined that air safety
vehicle surface travel issue having (DMS) keyed to the action that and the public interest require adopting
nothing to do with any aircraft. In case incorporates them. The stated purpose the AD as proposed.
this confusion had caused comments to of the incorporation by reference
method of the Federal Register is Costs of Compliance
NPRM 2006–NM–092–AD to be
submitted either to the incorrect docket brevity; to keep from expanding the There are about 615 airplanes of the
or to both dockets, we checked both Federal Register needlessly by affected design in the worldwide fleet.
dockets FAA–2006–25518 and NHTSA– publishing documents already in the This AD affects about 65 airplanes of
2005–22518 for comments applicable to hands of the affected individuals. U.S. registry. The required detailed
this AD. We found one comment Traditionally, ‘‘affected individuals’’ inspection takes about 8 work hours per
applicable to this AD in each docket. has meant aircraft owners and operators airplane, per inspection cycle, at an
We determined that no other comments who are generally provided service average labor rate of $80 per work hour.
have been submitted regarding this AD information by the manufacturer. Based on these figures, the estimated
and have considered the two comments However, a new class of affected cost of this AD for U.S. operators is
received, both of which now correctly individuals has emerged since the $41,600, or $640 per airplane, per
appear only in docket FAA–2006– majority of aircraft maintenance is now inspection cycle.
25518. performed by specialty shops instead of
Authority for This Rulemaking
aircraft owners and operators. This new
Support for the NPRM class includes maintenance and repair Title 49 of the United States Code
Boeing states that it has reviewed the organizations (MRO), component specifies the FAA’s authority to issue
NPRM and concurs with the contents of servicing and repair shops, parts rules on aviation safety. Subtitle I,
the NPRM. purveyors and distributors and Section 106, describes the authority of
organizations manufacturing or the FAA Administrator. Subtitle VII,
Request for Posting of Service servicing alternatively certified parts Aviation Programs, describes in more
Information under 14 CFR 21.303 (PMA). Further, detail the scope of the Agency’s
One commenter, the Modification and the concept of brevity is now nearly authority.
Replacement Parts Association archaic as documents exist more We are issuing this rulemaking under
(MARPA), requests that we revise our frequently in electronic format than on the authority described in Subtitle VII,
procedures for incorporation by paper. We therefore request that the Part A, Subpart III, Section 44701,
reference (IBR) of service information in service documents deemed essential to ‘‘General requirements.’’ Under that
ADs. MARPA states, ‘‘This proposed the accomplishment of this proposed section, Congress charges the FAA with
action requires work be accomplished action be (1) Incorporated by reference promoting safe flight of civil aircraft in
pursuant to certain OEM and/or into the regulatory instrument, and (2) air commerce by prescribing regulations
manufacturer service documents. published in the DMS.’’ for practices, methods, and procedures
Typically airworthiness directives are The FAA acknowledges these the Administrator finds necessary for
based upon service information requests. The Office of the Federal safety in air commerce. This regulation
originating with the type certificate Register (OFR) requires that documents is within the scope of that authority
holder or its suppliers. Manufacturer that are necessary to accomplish the because it addresses an unsafe condition
service documents are privately requirements of the AD be incorporated that is likely to exist or develop on
authored instruments generally enjoying by reference during the final rule phase products identified in this rulemaking
copyright protection against duplication of rulemaking. This final rule action.
and distribution. When a service incorporates by reference the document
document is incorporated by reference necessary for the accomplishment of the Regulatory Findings
pursuant to 5 U.S.C. 552(a) and 1 CFR requirements mandated by this AD. We have determined that this AD will
part 51 into a public document such as Further, we point out that while not have federalism implications under
an airworthiness directive, it loses its documents that are incorporated by Executive Order 13132. This AD will
private, protected status and becomes reference do become public information, not have a substantial direct effect on
itself a public document. If a service they do not lose their copyright the States, on the relationship between
document is used as a mandatory protection. For that reason, we advise the national government and the States,
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element of compliance it should not the public to contact the manufacturer or on the distribution of power and
simply be referenced, but should be to obtain copies of the referenced responsibilities among the various
incorporated into the regulatory service information. levels of government.
document. Public laws by definition In regard to MARPA’s request to post For the reasons discussed above, I
must be public which means they service bulletins on the Department of certify that this AD:

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Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations 3359

(1) Is not a ‘‘significant regulatory Repetitive Detailed Inspections and Related of this material at the NARA, call (202) 741–
action’’ under Executive Order 12866; Investigative and Corrective Actions 6030, or go to http://www.archives.gov/
(2) Is not a ‘‘significant rule’’ under (f) Perform a detailed inspection for federal_register/code_of_federal_regulations/
DOT Regulatory Policies and Procedures cracking of the crease beam and adjacent ibr_locations.html.
(44 FR 11034, February 26, 1979); and intercostals, stringers, frames, and skin Issued in Renton, Washington, on
(3) Will not have a significant panels at the applicable initial and repetitive December 26, 2006.
economic impact, positive or negative, compliance times specified in Table 1 of Ali Bahrami,
on a substantial number of small entities paragraph 1.E., ‘‘Compliance,’’ of Boeing
Manager, Transport Airplane Directorate,
Alert Service Bulletin 747–53A2591, dated
under the criteria of the Regulatory Aircraft Certification Service.
April 6, 2006; except, where the alert service
Flexibility Act. bulletin specifies an initial compliance time [FR Doc. E7–910 Filed 1–24–07; 8:45 am]
We prepared a regulatory evaluation after the date on the alert service bulletin, BILLING CODE 4910–13–P
of the estimated costs to comply with this AD requires compliance within the
this AD and placed it in the AD docket. specified compliance time after the effective
See the ADDRESSES section for a location date of this AD. Do all applicable related DEPARTMENT OF TRANSPORTATION
to examine the regulatory evaluation. investigative and corrective actions before
further flight if any cracking is found. Do all Federal Aviation Administration
List of Subjects in 14 CFR Part 39 applicable actions in accordance with the
Air transportation, Aircraft, Aviation Accomplishment Instructions of the alert 14 CFR Part 39
service bulletin, except as provided by
safety, Incorporation by reference, paragraphs (f)(1) and (f)(2) of this AD. [Docket No. FAA–2006–24691; Directorate
Safety. (1) Where the alert service bulletin Identifier 2006–NM–051–AD; Amendment
Adoption of the Amendment specifies to contact the manufacturer for 39–14901; AD 2007–02–14]
instructions on how to repair certain
RIN 2120–AA64
■ Accordingly, under the authority conditions, before further flight, repair those
delegated to me by the Administrator, conditions using a method approved in
accordance with paragraph (g) of this AD.
Airworthiness Directives; Boeing
the FAA amends 14 CFR part 39 as Model 737–600, –700, –700C, –800, and
follows: (2) Where the alert service bulletin
specifies to report certain information to the –900 Series Airplanes
PART 39—AIRWORTHINESS manufacturer, this AD does not include that
AGENCY: Federal Aviation
requirement.
DIRECTIVES Administration (FAA), Department of
Alternative Methods of Compliance Transportation (DOT).
■ 1. The authority citation for part 39 (AMOCs)
continues to read as follows: ACTION: Final rule.
(g)(1) The Manager, Seattle Aircraft
Authority: 49 U.S.C. 106(g), 40113, 44701. Certification Office (ACO), FAA, has the SUMMARY: The FAA is adopting a new
authority to approve AMOCs for this AD, if airworthiness directive (AD) for certain
§ 39.13 [Amended] requested in accordance with the procedures Boeing Model 737–600, –700, –700C,
■ 2. The Federal Aviation found in 14 CFR 39.19. –800, and –900 series airplanes. This
Administration (FAA) amends § 39.13 (2) Before using any AMOC approved in AD requires testing the electrical
by adding the following new accordance with § 39.19 on any airplane to resistance of the bond between the
airworthiness directive (AD): which the AMOC applies, notify the bulkhead fitting for the fuel feed line
appropriate principal inspector in the FAA
2007–01–09 Boeing: Amendment 39–14881. Flight Standards Certificate Holding District
and the front spar of the left and right
Docket No. FAA–2006–25518; Office. wings, inspecting an adjacent bonding
Directorate Identifier 2006–NM–092–AD. (3) An AMOC that provides an acceptable jumper to make sure it is installed
Effective Date level of safety may be used for any repair correctly, and performing corrective and
required by this AD, if it is approved by an other specified actions as applicable.
(a) This AD becomes effective March 1, Authorized Representative for the Boeing This AD results from fuel system
2007. Commercial Airplanes Delegation Option reviews conducted by the manufacturer.
Affected ADs Authorization Organization who has been We are issuing this AD to prevent arcing
authorized by the Manager, Seattle ACO, to or sparking in the fuel tank in the event
(b) None.
make those findings. For a repair method to of a lightning strike, which could result
Applicability be approved, the repair must meet the
certification basis of the airplane, and the
in an uncontrolled fire or explosion.
(c) This AD applies to Boeing Model 747–
approval must specifically refer to this AD. DATES: This AD becomes effective
100B SUD, 747–200B, 747–300, 747–400,
747–400D, and 747SP series airplanes, March 1, 2007.
Material Incorporated by Reference The Director of the Federal Register
certificated in any category; as identified in
Boeing Alert Service Bulletin 747–53A2591, (h) You must use Boeing Alert Service approved the incorporation by reference
dated April 6, 2006. Bulletin 747–53A2591, dated April 6, 2006, of a certain publication listed in the AD
to perform the actions that are required by as of March 1, 2007.
Unsafe Condition this AD, unless the AD specifies otherwise.
The Director of the Federal Register approved ADDRESSES: You may examine the AD
(d) This AD results from a report indicating
the incorporation by reference of this docket on the Internet at http://
that an operator discovered crease beam
cracking on two Model 747 airplanes. We are document in accordance with 5 U.S.C. 552(a) dms.dot.gov or in person at the Docket
issuing this AD to detect and correct cracking and 1 CFR part 51. Contact Boeing Management Facility, U.S. Department
of the crease beam and adjacent structure, Commercial Airplanes, P.O. Box 3707, of Transportation, 400 Seventh Street,
which could become large and result in in- Seattle, Washington 98124–2207, for a copy SW., Nassif Building, Room PL–401,
flight depressurization and inability of the of this service information. You may review Washington, DC.
airframe structure to sustain flight loads. copies at the Docket Management Facility, Contact Boeing Commercial
U.S. Department of Transportation, 400 Airplanes, P.O. Box 3707, Seattle,
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Compliance Seventh Street, SW., Room PL–401, Nassif


Building, Washington, DC; on the Internet at
Washington 98124–2207, for the service
(e) You are responsible for having the
actions required by this AD performed within http://dms.dot.gov; or at the National information identified in this AD.
the compliance times specified, unless the Archives and Records Administration FOR FURTHER INFORMATION CONTACT:
actions have already been done. (NARA). For information on the availability Doug Pegors, Aerospace Engineer,

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