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Federal Register / Vol. 72, No.

30 / Wednesday, February 14, 2007 / Rules and Regulations 6931

(f) The Australian AD allows an 64106; or at the National Archives and SUPPLEMENTARY INFORMATION:
appropriately trained pilot to perform the Records Administration (NARA). For
visual inspections of the canard inboard flap information on the availability of this Streamlined Issuance of AD
hinge support brackets. Although the material at NARA, call 202–741–6030, or go The FAA is implementing a new
Malaysian AD does not specifically state this, to: http://www.archives.gov/federal_register/
code_of_federal_regulations/
process for streamlining the issuance of
it does refer to the Australian AD. Regardless,
the Federal Aviation Regulations (14 CFR ibr_locations.html. ADs related to MCAI. The streamlined
43.3) only allow the pilot to perform process will allow us to adopt MCAI
Issued in Kansas City, Missouri, on safety requirements in a more efficient
preventive maintenance as described in 14 February 5, 2007.
CFR part 43, App. A, paragraph (c). These manner and will reduce safety risks to
David R. Showers,
visual inspections are not considered the public. This process continues to
preventive maintenance under 14 CFR part Acting Manager, Small Airplane Directorate, follow all FAA AD issuance processes to
43, App. A, paragraph (c). Therefore, an Aircraft Certification Service.
meet legal, economic, Administrative
appropriately-rated mechanic must perform [FR Doc. E7–2319 Filed 2–13–07; 8:45 am] Procedure Act, and Federal Register
all actions of this AD. BILLING CODE 4910–13–P requirements. We also continue to meet
Special Flight Permit our technical decision-making
(g) Special flight permits are not allowed responsibilities to identify and correct
DEPARTMENT OF TRANSPORTATION
for this AD. Part 39 of the Federal Aviation unsafe conditions on U.S.-certificated
Regulations (14 CFR part 39) provides that products.
Federal Aviation Administration
FAA may issue special flight permits for This AD references the MCAI and
ADs, unless otherwise specified in the related service information that we
individual AD. The FAA has determined that 14 CFR Part 39
considered in forming the engineering
the safety issue is severe enough that failure [Docket No. FAA–2006–26285; Directorate
of the canard inboard flap hinge support basis to correct the unsafe condition.
Identifier 2006–CE–69-AD; Amendment 39– The AD contains text copied from the
brackets must be prevented and cracks in this 14932; AD 2007–04–01]
area must be detected before further MCAI and for this reason might not
operation. RIN 2120-AA64 follow our plain language principles.
Alternative Methods of Compliance Airworthiness Directives; Pacific Discussion
(AMOCs)
Aerospace Corporation Ltd Model We issued a notice of proposed
(h) The Manager, Standards Staff, FAA, 750XL Airplanes rulemaking (NPRM) to amend 14 CFR
ATTN: Karl Schletzbaum, Aerospace
Engineer, FAA, Small Airplane Directorate, AGENCY: Federal Aviation part 39 to include an AD that would
901 Locust, Room 301, Kansas City, Missouri Administration (FAA), Department of apply to the specified products. That
64106; telephone: (816) 329–4146; fax: (816) Transportation (DOT). NPRM was published in the Federal
329–4090, has the authority to approve Register on December 11, 2006 (71 FR
ACTION: Final rule.
AMOCs for this AD, if requested using the 71499). That NPRM proposed to require
procedures found in 14 CFR 39.19. SUMMARY: We are adopting a new that you inspect the rivets in the
(i) AMOCs approved for AD 2004–11–04 airworthiness directive (AD) for the fuselage roof at STN 180.85, BL 19.67,
are approved for this AD. WL 86.2, and replace undersize rivets.
products listed above. This AD results
Related Information from mandatory continuing Comments
(j) Malaysian AD No. CAM AD 001–01– airworthiness information (MCAI)
2004 R1, dated December 23, 2005; and issued by an aviation authority of We gave the public the opportunity to
Australian AD No. CASA AD/X–TS/5, dated another country to identify and correct participate in developing this AD. We
August 21, 2003, revised April 2, 2004, also an unsafe condition on an aviation received no comments on the NPRM or
address the subject of this AD. product. The MCAI describes the unsafe on the determination of the cost to the
Material Incorporated by Reference condition as possible installation of public.
(k) You must use Eagle Aircraft Mandatory undersize rivets in the fuselage roof at Differences Between This AD and the
Service Bulletin SB 1120, Original, Effective STN 180.85, BL 19.67, WL 86.2. We are MCAI or Service Information
Date June 3, 2005; and Eagle Aircraft issuing this AD to require actions to
Mandatory Service Bulletin SB 1109, correct the unsafe condition on these We have reviewed the MCAI and
Revision Original, Effective Date August 29, products. related service information and, in
2003 to do the actions required by this AD, general, agree with their substance. But
unless the AD specifies otherwise. DATES: This AD becomes effective we might have found it necessary to use
(1) The Director of the Federal Register March 21, 2007. different words from those in the MCAI
approved the incorporation by reference of The Director of the Federal Register to ensure the AD is clear for U.S.
Eagle Aircraft Mandatory Service Bulletin SB approved the incorporation by reference operators and is enforceable in a U.S.
1120, Original, Effective Date June 3, 2005, of certain publications listed in this AD court of law. In making these changes,
under 5 U.S.C. 552(a) and 1 CFR part 51. as of March 21, 2007.
(2) On June 4, 2004 (69 FR 30189, May 27, we do not intend to differ substantively
ADDRESSES: You may examine the AD from the information provided in the
2004), the Director of the Federal Register
previously approved the incorporation by
docket on the Internet at http:// MCAI and related service information.
reference of Eagle Aircraft Mandatory Service dms.dot.gov or in person at the Docket We might also have required different
Bulletin SB 1109, Revision Original, Effective Management Facility, U.S. Department actions in this AD from those in the
Date August 29, 2003. of Transportation, 400 Seventh Street, MCAI in order to follow FAA policies.
(3) For service information identified in SW., Nassif Building, Room PL–401, Any such differences are described in a
this AD, contact CTRM Aviation Sdn. Bhd. Washington, DC. separate paragraph of the AD. These
(formerly known as Eagle Aircraft Sdn. Bhd.), FOR FURTHER INFORMATION CONTACT: Karl
Locked Bag 1028, Pejabat Pos Besar Melaka,
requirements, if any, take precedence
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75150 Melaka, Malaysia; telephone: 06 317


Schletzbaum, Aerospace Engineer, FAA, over the actions copied from the MCAI.
1007; fax: 06 317 7023. Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106; Costs of Compliance
(3) You may review copies at the FAA,
Central Region, Office of the Regional telephone: (816) 329–4146; fax: (816) We estimate that this AD will affect 7
Counsel, 901 Locust, Kansas City, Missouri 329–4090. products of U.S. registry. We also

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6932 Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / Rules and Regulations

estimate that it will take about 16 work- Examining the AD Docket FAA AD Differences
hours per product to comply with this Note: This AD differs from the MCAI and/
AD. The average labor rate is $80 per You may examine the AD docket on
the Internet at http://dms.dot.gov; or in or service information as follows:
work-hour. Required parts will cost No differences.
about $100 per product. Where the person at the Docket Management
service information lists required parts Facility between 9 a.m. and 5 p.m., Other FAA AD Provisions
costs that are covered under warranty, Monday through Friday, except Federal
(f) The following provisions also apply to
we have assumed that there will be no holidays. The AD docket contains the
this AD:
charge for these parts. As we do not NPRM, the regulatory evaluation, any
(1) Alternative Methods of Compliance
control warranty coverage for affected comments received, and other
(AMOCs): The Manager, Standards Staff,
parties, some parties may incur costs information. The street address for the
FAA, ATTN: Karl Schletzbaum, Aerospace
higher than estimated here. Based on Docket Office (telephone (800) 647–
Engineer, FAA, Small Airplane Directorate,
these figures, we estimate the cost of 5227) is in the ADDRESSES section.
901 Locust, Room 301, Kansas City, Missouri
this AD to the U.S. operators to be Comments will be available in the AD 64106; telephone: (816) 329–4146; fax: (816)
$9,660, or $1,380 per product. docket shortly after receipt. 329–4090, has the authority to approve
Authority for This Rulemaking List of Subjects in 14 CFR Part 39 AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
Title 49 of the United States Code Air transportation, Aircraft, Aviation (2) Airworthy Product: For any requirement
specifies the FAA’s authority to issue safety, Incorporation by reference, in this AD to obtain corrective actions from
rules on aviation safety. Subtitle I, Safety. a manufacturer or other source, use these
section 106, describes the authority of actions if they are FAA-approved. Corrective
Adoption of the Amendment
the FAA Administrator. ‘‘Subtitle VII: actions are considered FAA-approved if they
Aviation Programs,’’ describes in more ■ Accordingly, under the authority are approved by the State of Design Authority
detail the scope of the Agency’s delegated to me by the Administrator, (or their delegated agent). You are required
authority. to assure the product is airworthy before it
the FAA amends 14 CFR part 39 as
is returned to service.
We are issuing this rulemaking under follows:
(3) Reporting Requirements: For any
the authority described in ‘‘Subtitle VII, reporting requirement in this AD, under the
Part A, Subpart III, Section 44701: PART 39—AIRWORTHINESS
DIRECTIVES provisions of the Paperwork Reduction Act
General requirements.’’ Under that (44 U.S.C. 3501 et. seq.), the Office of
section, Congress charges the FAA with Management and Budget (OMB) has
promoting safe flight of civil aircraft in ■ 1. The authority citation for part 39
continues to read as follows: approved the information collection
air commerce by prescribing regulations requirements and has assigned OMB Control
for practices, methods, and procedures Authority: 49 U.S.C. 106(g), 40113, 44701. Number 2120–0056.
the Administrator finds necessary for
§ 39.13 [Amended] Related Information
safety in air commerce. This regulation
is within the scope of that authority ■ 2. The FAA amends § 39.13 by adding (g) Refer to MCAI New Zealand Civil
because it addresses an unsafe condition the following new AD: Aviation Authority AD DCA/750XL/8,
that is likely to exist or develop on Drafted: May 9, 2006; Effective Date: August
* * * Pacific Aerospace Corporation Ltd:
products identified in this rulemaking Amendment 39–14932; Docket No.
31, 2006; and PAC Pacific Aerospace
action. FAA–2006–26285; Directorate Identifier Corporation Mandatory Service Bulletin
2006–CE–69–AD. PACSB/XL/019, Date Issued: April 21, 2006,
Regulatory Findings for related information.
Effective Date
We determined that this AD will not Material Incorporated by Reference
have federalism implications under (a) This airworthiness directive (AD)
becomes effective March 21, 2007. (h) You must use PAC Pacific Aerospace
Executive Order 13132. This AD will Corporation Mandatory Service Bulletin
not have a substantial direct effect on Affected ADs
PACSB/XL/019, Date Issued: April 21, 2006,
the States, on the relationship between (b) None. to do the actions required by this AD, unless
the national government and the States, the AD specifies otherwise.
Applicability
or on the distribution of power and (1) The Director of the Federal Register
responsibilities among the various (c) This AD applies to Model 750XL
airplanes, serial numbers 102, 104 through approved the incorporation by reference of
levels of government. this service information under 5 U.S.C.
120, 122, and 125, certificated in any
For the reasons discussed above, I category. 552(a) and 1 CFR part 51.
certify this AD: (2) For service information identified in
Reason
(1) Is not a ‘‘significant regulatory this AD, contact Pacific Aerospace
(d) The mandatory continuing Corporation Ltd., Hamilton Airport, Private
action’’ under Executive Order 12866; airworthiness information (MCAI) states the Bag HN 3027, Hamilton, New Zealand;
(2) Is not a ‘‘significant rule’’ under finding of the possible installation of
telephone: 011 64 7 843 6144; fax: 011 64 7
DOT Regulatory Policies and Procedures undersize rivets in the fuselage roof at STN
843 6134.
(44 FR 11034, February 26, 1979); and 180.85, BL 19.67, WL 86.2.
(3) You may review copies at the FAA,
(3) Will not have a significant Actions and Compliance Central Region, Office of the Regional
economic impact, positive or negative, (e) Unless already done, within the next Counsel, 901 Locust, Room 506, Kansas City,
on a substantial number of small entities 150 hours time-in-service after the effective Missouri 64106; or at the National Archives
under the criteria of the Regulatory date of this AD, inspect the rivets in the and Records Administration (NARA). For
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Flexibility Act. fuselage roof at STN 180.85, BL 19.67, WL information on the availability of this
86.2, and replace undersize rivets, following material at NARA, call 202–741–6030, or go
We prepared a regulatory evaluation PAC Pacific Aerospace Corporation to: http://www.archives.gov/federal-register/
of the estimated costs to comply with Mandatory Service Bulletin PACSB/XL/019,
cfr/ibr-locations.html.
this AD and placed it in the AD Docket. Date Issued: April 21, 2006.

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Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / Rules and Regulations 6933

Issued in Kansas City, Missouri, on dms.dot.gov or in person at the Docket Request To Allow Use of Existing
February 5, 2007. Management Facility, U.S. Department Alternative Method of Compliance
David R. Showers, of Transportation, 400 Seventh Street, (AMOC)
Acting Manager, Small Airplane Directorate, SW., Nassif Building, Room PL–401, One commenter, ExpressJet Inc.,
Aircraft Certification Service. Washington, DC. requests that we allow for termination of
[FR Doc. E7–2318 Filed 2–13–07; 8:45 am] certain repetitive inspections described
Contact Empresa Brasileira de
BILLING CODE 4910–13–P in the NPRM. The commenter states that
Aeronautica S.A. (EMBRAER), P.O. Box
343–CEP 12.225, Sao Jose dos Campos– it has received AMOC number ANM–
SP, Brazil, for service information 116–06–244 to AD 2006–04–02, which
DEPARTMENT OF TRANSPORTATION allows ending the repetitive relay
identified in this AD.
Federal Aviation Administration inspections described in EMBRAER
FOR FURTHER INFORMATION CONTACT: Dan Service Bulletin 145–30–0042 once
Rodina, Aerospace Engineer, EMBRAER Alert Service Bulletin 145–
14 CFR Part 39
International Branch, ANM–116, FAA, 30–A050 is accomplished; and, further,
[Docket No. FAA–2006–25925; Directorate Transport Airplane Directorate, 1601 that doing EMBRAER Service Bulletin
Identifier 2006–NM–167–AD; Amendment Lind Avenue, SW., Renton, Washington 145–30–0041 also provides terminating
39–14934; AD 2007–04–03] 98057–3356; telephone (425) 227–2125; action for the repetitive inspections. The
RIN 2120–AA64 fax (425) 227–1149. commenter states that paragraph (f) of
the NPRM proposes to require repetitive
Airworthiness Directives; Empresa SUPPLEMENTARY INFORMATION:
inspections as described in EMBRAER
Brasileira de Aeronautica S.A. Examining the Docket Alert Service Bulletin 145–30–A050
(EMBRAER) Model EMB–135 Airplanes until EMBRAER Service Bulletin 145–
and Model EMB–145, –145ER, –145MR, You may examine the airworthiness 30–0041 is accomplished, and requests
–145LR, –145XR, –145MP, and –145EP directive (AD) docket on the Internet at that we revise the NPRM to allow those
Airplanes http://dms.dot.gov or in person at the inspections to be terminated if the
Docket Management Facility office modification described in either
AGENCY: Federal Aviation
between 9 a.m. and 5 p.m., Monday EMBRAER Alert Service Bulletin 145–
Administration (FAA), Department of
through Friday, except Federal holidays. 30–A050 or EMBRAER Service Bulletin
Transportation (DOT).
The Docket Management Facility office 145–30–0041 is accomplished in
ACTION: Final rule. accordance with the AMOC.
(telephone (800) 647–5227) is located on
the plaza level of the Nassif Building at We find that clarification is necessary.
SUMMARY: The FAA is superseding an
the street address stated in the This AD cancels the repetitive
existing airworthiness directive (AD),
ADDRESSES section. inspections required by AD 2006–04–
which applies to all EMBRAER Model
02, which cites EMBRAER Service
EMB–135 airplanes and Model EMB– Discussion Bulletins 145LEG–30–0012 and 145–30–
145, –145ER, –145MR, –145LR, –145XR,
0042, both dated April 18, 2005, as the
–145MP, and –145EP airplanes. That The FAA issued a notice of proposed appropriate sources of service
AD currently requires repetitive rulemaking (NPRM) to amend 14 CFR information for doing the repetitive
inspections of the pitot static heating part 39 to include an AD that inspections. EMBRAER Alert Service
relay K0057 and corrective actions if supersedes AD 2006–04–02, amendment Bulletins 145LEG–30–A017 and 145–
necessary. That AD also requires doing 39–14483 (71 FR 9434, February 24, 30–A050, both dated May 31, 2006,
a terminating modification, which ends 2006). The existing AD applies to all supersede Service Bulletins 145LEG–
the repetitive inspections. This new AD EMBRAER Model EMB–135 airplanes, 30–0012 and 145–30–0042, respectively,
removes the existing repetitive and Model EMB–145, –145ER, –145MR, and replace the repetitive inspections
inspections and instead requires a one- –145LR, –145XR, –145MP, and –145EP with a one-time only inspection.
time detailed inspection for damage of
airplanes. That NPRM was published in Therefore, as of the effective date of this
the relay, relay socket, and silicone
the Federal Register on September 28, AD, the repetitive inspections are no
gasket; applicable corrective actions;
2006 (71 FR 56900). That NPRM longer required. No change is needed to
and a new action to modify and re-
proposed to remove the existing the AD in this regard.
identify the relay socket. This AD also
revises the existing terminating repetitive inspections and instead to Request To Change Incorporation of
modification—replacing/rerouting the require a one-time detailed inspection Certain Information
windowsill drain hoses—into two parts, for damage of the relay, relay socket,
and silicone gasket; applicable One commenter, the Modification and
each with a different, reduced Replacement Parts Association
compliance time. This AD results from corrective actions; and a new action to
modify and re-identify the relay socket. (MARPA), requests that we revise our
a report of smoke in the cockpit. We are procedures for incorporation by
issuing this AD to prevent ignition of a That NPRM also proposed to revise the
reference (IBR) of service information in
windowsill drain hose by an overheated existing terminating modification—
ADs. MARPA asserts that ADs are
relay, which could cause fire and smoke replacing/rerouting the windowsill
frequently derived from privately-
in the cockpit. drain hoses—into two parts, each with authored, copyright-protected
DATES: This AD becomes effective a different, reduced compliance time. manufacturer service documents, but
March 21, 2007. Comments that when such a document is
The Director of the Federal Register incorporated by reference into a public
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approved the incorporation by reference We provided the public the document like an AD, it loses its
of certain publications listed in the AD opportunity to participate in the private, protected status and becomes
as of March 21, 2007. development of this AD. We have itself a public document. MARPA
ADDRESSES: You may examine the AD considered the comments that have continues that public laws by definition
docket on the Internet at http:// been received on the NPRM. must be public and cannot rely for

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