Professional Documents
Culture Documents
We prepared a regulatory evaluation controllers. A review of airplane of this service information. You may review
of the estimated costs to comply with maintenance records is acceptable in lieu of copies at the FAA, Transport Airplane
this AD and placed it in the AD docket. this inspection if the part number of the Directorate, 1601 Lind Avenue, S.W., Renton,
subject controller can be conclusively Washington; or at the National Archives and
See the ADDRESSES section for a location
determined from that review. If any Records Administration (NARA). For
to examine the regulatory evaluation. windshield temperature controller is found information on the availability of this
List of Subjects in 14 CFR Part 39 to have a part number other than Goodrich material at NARA, call 202–741–6030, or go
P/N 3801D2( ), no further action is required to: http://www.archives.gov/federal-register/
Air transportation, Aircraft, Aviation by this AD for that controller. cfr/ibr-locations.html.
safety, Incorporation by reference,
Safety. Replacement of Attaching Hardware, Issued in Renton, Washington, on February
Further Inspection, and Corrective Actions 6, 2007.
Adoption of the Amendment (g) Before further flight after performing the Ali Bahrami,
inspection required by paragraph (f) of this Manager, Transport Airplane Directorate,
■ Accordingly, under the authority
AD, for all windshield temperature Aircraft Certification Service.
delegated to me by the Administrator, controllers having Goodrich P/N 3801D2( ) or
the FAA amends 14 CFR part 39 as [FR Doc. E7–2510 Filed 2–15–07; 8:45 am]
any controller for which the part number
follows: cannot be conclusively determined: Replace BILLING CODE 4910–13–P
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7564 Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Rules and Regulations
DATES: This AD becomes effective considered the comments that have We understand MARPA’s comment
March 23, 2007. been received on the NPRM. concerning incorporation by reference.
The Director of the Federal Register The Office of the Federal Register (OFR)
Support for the NPRM
approved the incorporation by reference requires that documents that are
of a certain publication listed in the AD Boeing supports the NPRM. necessary to accomplish the
as of March 23, 2007. requirements of the AD be incorporated
Request To Publish Service Information by reference during the final rule phase
ADDRESSES: You may examine the AD
docket on the Internet at http:// The Modification and Replacement of rulemaking. This final rule
dms.dot.gov or in person at the Docket Parts Association (MARPA) states that, incorporates by reference the document
Management Facility, U.S. Department typically, ADs are based on service necessary for the accomplishment of the
of Transportation, 400 Seventh Street, information originating with the type requirements mandated by this AD.
SW., Nassif Building, Room PL–401, certificate holder or its suppliers. Further, we point out that while
Washington, DC. MARPA adds that manufacturer service documents that are incorporated by
Contact Boeing Commercial documents are privately authored reference do become public information,
Airplanes, P.O. Box 3707, Seattle, instruments generally having copyright they do not lose their copyright
Washington 98124–2207, for service protection against duplication and protection. For that reason, we advise
information identified in this AD. distribution. MARPA notes that when a the public to contact the manufacturer
service document is incorporated by to obtain copies of the referenced
FOR FURTHER INFORMATION CONTACT:
reference into a public document, such service information.
Susan Letcher, Aerospace Engineer, In regard to the commenter’s request
Cabin Safety and Environmental as an AD, it loses its private, protected
to post service bulletins on the
Systems Branch, ANM–150S, FAA, status and becomes a public document.
Department of Transportation’s DMS,
Seattle Aircraft Certification Office, MARPA adds that if a service document
we are currently in the process of
1601 Lind Avenue, SW., Renton, is used as a mandatory element of
reviewing issues surrounding the
Washington 98057–3356; telephone compliance, it should not simply be
posting of service bulletins on the DMS
(425) 917–6474; fax (425) 917–6590. referenced, but should be incorporated
as part of an AD docket. Once we have
SUPPLEMENTARY INFORMATION: into the regulatory document; by
thoroughly examined all aspects of this
definition, public laws must be public,
Examining the Docket issue and have made a final
which means they cannot rely upon determination, we will consider
You may examine the airworthiness private writings. MARPA adds that whether our current practice needs to be
directive (AD) docket on the Internet at service documents incorporated by revised. No change to the final rule is
http://dms.dot.gov or in person at the reference should be made available to necessary in response to this comment.
Docket Management Facility office the public by publication in the Docket
between 9 a.m. and 5 p.m., Monday Management System (DMS), keyed to Request To Allow Use of Parts
through Friday, except Federal holidays. the action that incorporates them. Manufacturer Approval (PMA) Parts
The Docket Management Facility office MARPA notes that the stated purpose of MARPA states that the practice of
(telephone (800) 647–5227) is located on the incorporation by reference method requiring the replacement of a defective
the plaza level of the Nassif Building at is brevity, to keep from expanding the part with a certain part conflicts with 14
the street address stated in the Federal Register needlessly by CFR 21.303. MARPA asserts that
ADDRESSES section. publishing documents already in the requiring installation of a certain part
hands of the affected individuals; prevents installation of other good parts
Discussion traditionally, ‘‘affected individuals’’ and prohibits the development of new
The FAA issued a notice of proposed means aircraft owners and operators, parts. MARPA also states that the
rulemaking (NPRM) to amend 14 CFR who are generally provided service practice of requiring an alternative
part 39 to include an AD that information by the manufacturer. method of compliance (AMOC) to
supersedes AD 96–24–03, amendment MARPA adds that a new class of install a PMA part should be stopped.
39–9829 (61 FR 59319, November 22, affected individuals has emerged, since MARPA concludes that this practice
1996). The existing AD applies to the majority of aircraft maintenance is presumes that all PMA parts are
certain Boeing Model 747–400 series now performed by specialty shops inherently defective and require an
airplanes. That NPRM was published in instead of aircraft owners and operators. additional layer of approval. MARPA
the Federal Register on August 1, 2006 MARPA notes that this new class further states the NPRM does not
(71 FR 43390). That NPRM proposed to includes maintenance and repair comply with FAA Order 8040.2; that
require modification of the organizations, component servicing and order states that replacement or
decompression panels on the smoke repair shops, parts purveyors and installation of certain parts could have
barrier in the main deck cargo distributors, and organizations replacement parts approved under 14
compartment or replacement of the manufacturing or servicing alternatively CFR 21.303 based on a finding of
smoke barrier with an improved smoke certified parts under section 21.303 identicality. That order also states that
barrier, as applicable. That NPRM also (‘‘Replacement and modification parts’’) any parts approved under this
proposed to require repetitive of the Federal Aviation Regulations (14 regulation and installed should be
inspections of the decompression (vent) CFR 21.303). MARPA adds that the subject to the actions of the AD and
panels on the smoke barrier and concept of brevity is now nearly archaic included in the applicability. MARPA
corrective actions if necessary. That as documents exist more frequently in states that if a PMA part is defective,
NPRM also proposed to add airplanes to electronic format than on paper. then it must be addressed in an AD and
the applicability. Therefore, MARPA asks that the service not just simply implied by an AMOC
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Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Rules and Regulations 7565
part number’’ or ‘‘airworthy parts.’’ need to ensure that unsafe PMA parts Conclusion
MARPA contends that the mandates are identified and addressed in ADs
contained in Section 1, paragraph (b)(1) related to Mandatory Continuing We have carefully reviewed the
of Executive Order 12866 are not being available data, including the comments
Airworthiness Information (MCAI). We
met because the directorates differ in that have been submitted, and
are currently examining all aspects of
their treatment of this issue. MARPA, determined that air safety and the
this issue, including input from public interest require adopting the AD
therefore, requests that we revise the industry. Once we have made a final
NPRM to allow use of PMA parts. as proposed.
determination, we will consider how
We do not agree to revise this AD. The Costs of Compliance
our policy regarding PMA parts in ADs
NPRM did not address PMA parts, as
needs to be revised. We consider that to There are about 63 airplanes of the
provided in draft FAA Order 8040.2,
because the Order was only a draft that delay this AD action would be affected design in the worldwide fleet.
was out for comment at the time. After inappropriate, since we have The following table provides the
issuance of the NPRM, the Order was determined that an unsafe condition estimated costs, at an average labor rate
revised and issued as FAA Order 8040.5 exists and that replacement of certain of $80 per hour, for U.S. operators to
with an effective date of September 29, parts must be accomplished to ensure comply with the AD. The estimated
2006. continued safety. Therefore, no change work hours and cost of parts for the
FAA Order 8040.5 does not address has been made to the final rule in this modification in the table below depend
PMA parts in ADs. We acknowledge the regard. on the configuration of an airplane.
ESTIMATE COSTS
Number of
U.S.-reg-
Action Work hours Parts Cost per airplane Fleet cost
istered air-
planes
Authority for This Rulemaking (1) Is not a ‘‘significant regulatory FR 59319, November 22, 1996) and by
action’’ under Executive Order 12866; adding the following new airworthiness
Title 49 of the United States Code
(2) Is not a ‘‘significant rule’’ under directive (AD):
specifies the FAA’s authority to issue
DOT Regulatory Policies and Procedures 2007–04–10 Boeing: Amendment 39–14942.
rules on aviation safety. Subtitle I,
(44 FR 11034, February 26, 1979); and Docket No. FAA–2006–25470;
Section 106, describes the authority of
(3) Will not have a significant Directorate Identifier 2006–NM–090–AD.
the FAA Administrator. Subtitle VII,
economic impact, positive or negative,
Aviation Programs, describes in more Effective Date
on a substantial number of small entities
detail the scope of the Agency’s
under the criteria of the Regulatory (a) This AD becomes effective March 23,
authority.
Flexibility Act. 2007.
We are issuing this rulemaking under We prepared a regulatory evaluation
the authority described in Subtitle VII, of the estimated costs to comply with Affected ADs
Part A, Subpart III, Section 44701, this AD and placed it in the AD docket. (b) This AD supersedes AD 96–24–03.
‘‘General requirements.’’ Under that See the ADDRESSES section for a location
section, Congress charges the FAA with Applicability
to examine the regulatory evaluation.
promoting safe flight of civil aircraft in (c) This AD applies to Boeing Model 747–
air commerce by prescribing regulations List of Subjects in 14 CFR Part 39 400 series airplanes, certificated in any
for practices, methods, and procedures Air transportation, Aircraft, Aviation category, as identified in Boeing Alert
the Administrator finds necessary for safety, Incorporation by reference, Service Bulletin 747–25A3353, dated
safety in air commerce. This regulation Safety. December 9, 2004.
is within the scope of that authority Unsafe Condition
because it addresses an unsafe condition Adoption of the Amendment
that is likely to exist or develop on (d) This AD results from reports of
■ Accordingly, under the authority decompression panels on the smoke barrier
products identified in this rulemaking delegated to me by the Administrator, opening in flight and on the ground without
action. the FAA amends 14 CFR part 39 as a decompression event. We are issuing this
Regulatory Findings follows: AD to prevent inadvertent opening or tearing
of decompression panels, which could result
We have determined that this AD will PART 39—AIRWORTHINESS in degraded cargo fire detection and
not have federalism implications under DIRECTIVES suppression capability, smoke penetration
Executive Order 13132. This AD will
■ 1. The authority citation for part 39 into an occupied compartment, and an
not have a substantial direct effect on uncontrolled cargo fire, if a fire occurs in the
the States, on the relationship between continues to read as follows:
main deck cargo compartment.
the national government and the States, Authority: 49 U.S.C. 106(g), 40113, 44701.
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7566 Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Rules and Regulations
New Requirements of This AD (NARA). For information on the availability Contact Meggitt Safety Systems, 1915
of this material at the NARA, call (202) 741– Voyager Avenue, Simi Valley, California
Modification or Replacement, as Applicable 6030, or go to: http://www.archives.gov/ 93063, for service information identified
(f) Within 48 months after the effective federal-register/cfr/ibr-locations.html.
date of this AD: Modify the decompression
in this AD.
Issued in Renton, Washington, on February FOR FURTHER INFORMATION CONTACT:
panels on the smoke barrier or replace the
6, 2007. Samuel Lee, Aerospace Engineer,
smoke barrier with an improved smoke
barrier, by accomplishing all of the actions Ali Bahrami, Propulsion Branch, ANM–140L, FAA,
specified in Work Package 1 of the Manager, Transport Airplane Directorate, Los Angeles Aircraft Certification
Accomplishment Instructions of Boeing Alert Aircraft Certification Service. Office, 3960 Paramount Boulevard,
Service Bulletin 747–25A3353, dated [FR Doc. E7–2511 Filed 2–15–07; 8:45 am] Lakewood, California 90712–4137;
December 9, 2004, as applicable. BILLING CODE 4910–13–P telephone (562) 627–5262; fax (562)
Repetitive Inspection 627–5210.
(g) Within 20 months or 6,000 flight hours SUPPLEMENTARY INFORMATION:
after accomplishing the actions in paragraph DEPARTMENT OF TRANSPORTATION
(f) of this AD, whichever occurs first: Do a Examining the Docket
general visual inspection of the Federal Aviation Administration
You may examine the airworthiness
decompression (vent) panels on the smoke directive (AD) docket on the Internet at
barrier for any changes from their installed 14 CFR Part 39
http://dms.dot.gov or in person at the
condition, and do all corrective actions
before further flight after the inspection, by
[Docket No. FAA–2006–26049; Directorate Docket Management Facility office
Identifier 2006–NM–177–AD; Amendment between 9 a.m. and 5 p.m., Monday
accomplishing all of the actions specified in 39–14949; AD 2007–04–17]
Work Package 2 of the Accomplishment through Friday, except Federal holidays.
Instructions of Boeing Alert Service Bulletin RIN 2120–AA64 The Docket Management Facility office
747–25A3353, dated December 9, 2004, as (telephone (800) 647–5227) is located on
applicable. Repeat the inspection thereafter Airworthiness Directives; McDonnell the plaza level of the Nassif Building at
at intervals not to exceed 20 months or 6,000 Douglas Model DC–10–10, DC–10–10F, the street address stated in the
flight hours, whichever occurs first. DC–10–15, DC–10–30, and DC–10–30F ADDRESSES section.
Note 1: For the purposes of this AD, a (KC–10A and KDC–10) Airplanes;
general visual inspection is: ‘‘A visual Model DC–10–40 and DC–10–40F Discussion
examination of an interior or exterior area, Airplanes Equipped With Pratt & The FAA issued a notice of proposed
installation, or assembly to detect obvious Whitney JT9–20 or JT9–20J Engines; rulemaking (NPRM) to amend 14 CFR
damage, failure, or irregularity. This level of part 39 to include an AD that would
and Model MD–10–10F and MD–10–30F
inspection is made from within touching
distance unless otherwise specified. A mirror Airplanes apply to all McDonnell Douglas Model
may be necessary to ensure visual access to DC–10–10, DC–10–10F, DC–10–15, DC–
AGENCY: Federal Aviation 10–30, and DC–10–30F (KC–10A and
all surfaces in the inspection area. This level Administration (FAA), Department of
of inspection is made under normally KDC–10) airplanes; Model DC–10–40
Transportation (DOT).
available lighting conditions such as and DC–10–40F airplanes equipped
daylight, hangar lighting, flashlight, or ACTION: Final rule. with Pratt & Whitney JT9–20 or JT9–20J
droplight and may require removal or engines; and all Model MD–10–10F and
SUMMARY: The FAA is adopting a new
opening of access panels or doors. Stands, MD–10–30F airplanes. That NPRM was
ladders, or platforms may be required to gain airworthiness directive (AD) for the
McDonnell Douglas airplanes published in the Federal Register on
proximity to the area being checked.’’
previously described. This AD requires October 13, 2006 (71 FR 60448). That
Alternative Methods of Compliance replacing the control modules of the fire NPRM proposed to require replacing the
(AMOCs) detection systems of the propulsion control modules of the fire detection
(h)(1) The Manager, Seattle Aircraft engines with new, improved control systems of the propulsion engines with
Certification Office, FAA, has the authority to modules. This AD results from a report new, improved control modules.
approve AMOCs for this AD, if requested in of broken or severed wiring between
accordance with the procedures found in 14
Comments
engine fire detectors and the fire
CFR 39.19.
detection system control module, which We provided the public the
(2) Before using any AMOC approved in opportunity to participate in the
accordance with § 39.19 on any airplane to caused the fire detection system to
become non-functional without development of this AD. We have
which the AMOC applies, notify the considered the comments received.
appropriate principal inspector in the FAA flightcrew awareness. We are issuing
Flight Standards Certificate Holding District this AD to prevent unannunciated fire Support for the NPRM
Office. in a propulsion engine, which could FedEx concurs with the NPRM as
Material Incorporated by Reference cause injury to flightcrew and written and states its intent to also
passengers or loss of the airplane. modify the fire detection systems of the
(i) You must use Boeing Alert Service
Bulletin 747–25A3353, dated December 9, DATES: This AD becomes effective auxiliary power units of subject FedEx
2004, to perform the actions that are required March 23, 2007. airplanes, as described in the service
by this AD, unless the AD specifies The Director of the Federal Register information mandated by the AD.
otherwise. The Director of the Federal approved the incorporation by reference
Register approved the incorporation by of a certain publication listed in the AD Request To Clarify Service Information
reference of this document in accordance as of March 23, 2007. Requirement
with 5 U.S.C. 552(a) and 1 CFR part 51. ADDRESSES: You may examine the AD Hawaiian Airlines requests that we
Contact Boeing Commercial Airplanes, P.O. docket on the Internet at http:// revise the NPRM to clarify what service
Box 3707, Seattle, Washington 98124–2207,
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