Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes, 3350-3352 [E7-899]
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3350
Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations
method. If the groove depth exceeds 0.007
inch, before further flight, replace the uplock
assembly with a new or serviceable uplock
assembly, P/N 46500–7 or –9, according to a
method approved by either the Manager,
New York ACO; or TCCA (or its delegated
agent). Using Tasks 32–31–21–000–801 and
32–31–21–400–801 of Chapter 32–31–21 of
the Bombardier Q400 Dash 8 AMM, PSM 1–
84–2, is one approved method.
(2) Do a general visual inspection of the
uplock roller, P/N 46575–1, of the MLG
uplock assembly to ensure that it rotates
freely. If the uplock roller does not rotate
freely, before further flight, replace the
uplock roller with a new uplock roller, P/N
46575–1, in accordance with Bombardier
Temporary Revision (TR) 32–191 and
Bombardier TR 32–192, both dated May 29,
2006, both to Bombardier Q400 Dash 8 AMM.
(j) When the information in Bombardier TR
32–191 and Bombardier TR 32–192, both
dated May 29, 2006, is included in the AMM,
the AMM is approved as an acceptable
method of compliance for the replacement
specified in paragraph (i)(2) of this AD.
Optional Terminating Action for AFM
Revision, Repetitive Replacements, and
Repetitive Inspections
(k) Replacing the left and right MLG uplock
assemblies having P/N 46500–3 or –5 with
new or overhauled uplock assemblies having
P/N 46500–7 or –9 according to a method
approved by either the Manager, New York
Aircraft Certification Office (ACO), FAA; or
Transport Canada Civil Aviation (TCCA) (or
its delegated agent); terminates the
requirements of paragraphs (f), (g), (h), and (i)
of this AD, as applicable. Using Tasks 32–31–
21–000–801 and 32–31–21–400–801 of
Chapter 32–31–21 of Bombardier Q400 Dash
8 Aircraft Maintenance Manual (AMM), PSM
1–84–2, is one approved method. After the
replacements have been done, the AFM
limitation required by paragraph (f) of this
AD may be removed from the AFM.
Alternative Methods of Compliance (AMOCs)
(l)(1) The Manager, New York ACO, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
(3) AMOCs approved previously in
accordance with AD 2002–08–05, are
approved as AMOCs for the corresponding
provisions of this AD.
Related Information
(m) Canadian airworthiness directive CF–
2002–13R2, dated May 19, 2005, also
addresses the subject of this AD.
Material Incorporated by Reference
(n) You must use the service information
listed in Table 1 of this AD to perform the
actions that are required by this AD, unless
the AD specifies otherwise.
TABLE 1.—MATERIAL INCORPORATED BY REFERENCE
Revision level
Bombardier DHC–8 Alert Service Bulletin A84–32–15 ..........................................................................
Bombardier Temporary Revision 32–191 to the Bombardier Q400 Dash 8 Aircraft Maintenance
Manual.
Bombardier Temporary Revision 32–192 to the Bombardier Q400 Dash 8 Aircraft Maintenance
Manual.
ycherry on PROD1PC64 with RULES
Service information
Original ..................
Original ..................
February 4, 2002.
May 29, 2006.
Original ..................
May 29, 2006.
(1) The Director of the Federal Register
approved the incorporation by reference of
Bombardier Temporary Revision 32–191,
dated May 29, 2006, to the Bombardier Q400
Dash 8 Aircraft Maintenance Manual; and
Bombardier Temporary Revision 32–192,
dated May 29, 2006, to the Bombardier Q400
Dash 8 Aircraft Maintenance Manual; in
accordance with 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) On April 23, 2002 (67 FR 19101, April
18, 2002), the Director of the Federal Register
approved the incorporation by reference of
Bombardier DHC–8 Alert Service Bulletin
A84–32–15, dated February 4, 2002.
(3) Contact Bombardier, Inc., Bombardier
Regional Aircraft Division, 123 Garratt
Boulevard, Downsview, Ontario M3K 1Y5,
Canada, for a copy of this service
information. You may review copies at the
Docket Management Facility, U.S.
Department of Transportation, 400 Seventh
Street, SW., Room PL–401, Nassif Building,
Washington, DC; on the Internet at https://
dms.dot.gov; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at the NARA, call (202) 741–6030,
or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
VerDate Aug<31>2005
12:37 Jan 24, 2007
Jkt 211001
Issued in Renton, Washington, on January
5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–909 Filed 1–24–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25889; Directorate
Identifier 2006–NM–168–AD; Amendment
39–14902; AD 2007–02–15]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
EMBRAER Model ERJ 170 airplanes.
This AD requires replacement of certain
electrical bonding clamps and attaching
hardware with new or serviceable parts,
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Date
as applicable, and other specified
action. This AD results from failure of
an electrical bonding clamp, used to
attach the electrical bonding straps to
the fuel system lines. We are issuing
this AD to prevent loss of bonding
protection in the interior of the fuel
tanks or adjacent areas that, in
combination with lightning strike, could
result in a fuel tank explosion and
consequent loss of the airplane.
DATES: This AD becomes effective
March 1, 2007.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of March 1, 2007.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
SW., Nassif Building, Room PL–401,
Washington, DC.
Contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
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Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations
98057–3356; telephone (425) 227–1175;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://dms.dot.gov or in person at the
Docket Management Facility office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The Docket Management Facility office
(telephone (800) 647–5227) is located on
the plaza level of the Nassif Building at
the street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain EMBRAER Model ERJ
170 airplanes. That NPRM was
published in the Federal Register on
September 26, 2006 (71 FR 56062). That
NPRM proposed to require replacement
of certain electrical bonding clamps and
attaching hardware with new or
serviceable parts, as applicable, and
other specified action.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
ycherry on PROD1PC64 with RULES
Request To Extend Compliance Time
EMBRAER requests that we extend
the compliance from 5,000 flight hours
to 6,600 flight hours. EMBRAER states
that 6,000 flight hours corresponds with
a heavy maintenance visit, and that an
additional 600 flight hours is needed for
the logistics associated with such
maintenance intervention. As
justification, EMBRAER states that (1)
There is a large number of bonding
clamps to replace, (2) low levels of
lightning currents were measured on the
tank tubes during airplane certification
testing, and (3) very conservative results
were obtained during laboratory
lightning tests of the tank tubes.
We agree. Extending the compliance
time to 6,600 flight hours will not
adversely affect safety and will allow
the replacement to be performed during
regularly scheduled maintenance at a
base where special equipment and
trained maintenance personnel will be
available if necessary. Further, we have
ˆ
coordinated with the Agencia Nacional
de Aviacao Civil (ANAC), which is the
¸˜
airworthiness authority for Brazil, and
ANAC agrees with extending the
compliance time as proposed by the
commenter. Therefore, we have revised
VerDate Aug<31>2005
12:37 Jan 24, 2007
Jkt 211001
paragraph (f) of this AD to specify a
compliance time of 6,600 flight hours.
Request To Publish Service Information
The Modification and Replacement
Parts Association (MARPA) states that,
typically, ADs are based on service
information originating with the type
certificate holder or its suppliers.
MARPA adds that manufacturer service
documents are privately authored
instruments generally having copyright
protection against duplication and
distribution. MARPA notes that when a
service document is incorporated by
reference into a public document, such
as an AD, it loses its private, protected
status and becomes a public document.
MARPA adds that if a service document
is used as a mandatory element of
compliance, it should not simply be
referenced, but should be incorporated
into the regulatory document; by
definition, public laws must be public,
which means they cannot rely upon
private writings. MARPA adds that
incorporated by reference service
documents should be made available to
the public by publication in the Docket
Management System (DMS), keyed to
the action that incorporates them.
MARPA notes that the stated purpose of
the incorporation by reference method
is brevity, to keep from expanding the
Federal Register needlessly by
publishing documents already in the
hands of the affected individuals;
traditionally, ‘‘affected individuals’’
means aircraft owners and operators,
who are generally provided service
information by the manufacturer.
MARPA adds that a new class of
affected individuals has emerged, since
the majority of aircraft maintenance is
now performed by specialty shops
instead of aircraft owners and operators.
MARPA notes that this new class
includes maintenance and repair
organizations, component servicing and
repair shops, parts purveyors and
distributors, and organizations
manufacturing or servicing alternatively
certified parts under section 21.303
(‘‘Replacement and modification parts’’)
of the Federal Aviation Regulations (14
CFR 21.303). Therefore, MARPA asks
that the service documents deemed
essential to the accomplishment of the
NPRM be incorporated by reference into
the regulatory instrument and published
in DMS.
We understand MARPA’s comment
concerning incorporation by reference.
The Office of the Federal Register (OFR)
requires that documents that are
necessary to accomplish the
requirements of the AD be incorporated
by reference during the final rule phase
of rulemaking. This final rule
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
3351
incorporates by reference the document
necessary for the accomplishment of the
requirements mandated by this AD.
Further, we point out that while
documents that are incorporated by
reference do become public information,
they do not lose their copyright
protection. For that reason, we advise
the public to contact the manufacturer
to obtain copies of the referenced
service information.
In regard to the commenter’s request
to post service bulletins on DMS, we are
currently in the process of reviewing
issues surrounding the posting of
service bulletins on DMS as part of an
AD docket. Once we have thoroughly
examined all aspects of this issue and
have made a final determination, we
will consider whether our current
practice needs to be revised. No change
to the final rule is necessary in response
to this comment.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD with the change described
previously. We have determined that
this change will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
This AD affects about 68 airplanes of
U.S. registry. The required actions take
about 1 work hour per airplane, at an
average labor rate of $80 per work hour.
Required parts cost about $41 per
airplane. Based on these figures, the
estimated cost of the AD for U.S.
operators is $8,228, or $121 per
airplane.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
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3352
Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
See the ADDRESSES section for a location
to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2007–02–15 Empresa Brasileira De
Aeronautica S.A. (EMBRAER):
Amendment 39–14902. Docket No.
FAA–2006–25889; Directorate Identifier
2006–NM–168–AD.
ycherry on PROD1PC64 with RULES
Effective Date
(a) This AD becomes effective March 1,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
ERJ 170–100 LR, –100 STD, –100 SE, and
–100 SU airplanes, certificated in any
VerDate Aug<31>2005
12:37 Jan 24, 2007
Jkt 211001
category; serial numbers 17000007,
17000033, 17000034, 17000036 through
17000046 inclusive, and 17000050 through
17000067 inclusive.
Unsafe Condition
(d) This AD results from failure of an
electrical bonding clamp, used to attach the
electrical bonding straps to the fuel system
lines. We are issuing this AD to prevent loss
of bonding protection in the interior of the
fuel tanks or adjacent areas that, in
combination with lightning strike, could
result in a fuel tank explosion and
consequent loss of the airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
copies at the Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Room PL–401, Nassif
Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at the NARA, call (202) 741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on January
11, 2007.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E7–899 Filed 1–24–07; 8:45 am]
BILLING CODE 4910–13–P
Replacement
(f) Within 6,600 flight hours after the
effective date of this AD: Replace all
electrical bonding clamps having part
number AN735D4 or AN735D6 with new
clamps and replace the attaching hardware
with new or serviceable attaching hardware,
and do the other specified action, by
accomplishing all of the actions specified in
the Accomplishment Instructions of
EMBRAER Service Bulletin 170–28–0009,
Revision 01, dated February 23, 2006. The
other specified action must be done before
further flight.
DEPARTMENT OF TRANSPORTATION
Credit for Previous Service Bulletin
(g) Actions done before the effective date
of this AD in accordance with EMBRAER
Service Bulletin 170–28–0009, dated
December 30, 2005, are acceptable for
compliance with the requirements of
paragraph (f) of this AD.
AGENCY:
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Related Information
(i) Brazilian airworthiness directive 2006–
06–03, effective July 7, 2006, also addresses
the subject of this AD.
Material Incorporated by Reference
(j) You must use EMBRAER Service
Bulletin 170–28–0009, Revision 01, dated
February 23, 2006, to perform the actions that
are required by this AD, unless the AD
specifies otherwise. The Director of the
Federal Register approved the incorporation
by reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Empresa Brasileira de Aeronautica
S.A. (EMBRAER), P.O. Box 343—CEP 12.225,
Sao Jose dos Campos—SP, Brazil, for a copy
of this service information. You may review
PO 00000
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Fmt 4700
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25328; Directorate
Identifier 2006–NM–130–AD; Amendment
39–14880; AD 2007–01–08]
RIN 2120–AA64
Airworthiness Directives; Bombardier
Model DHC–8–400 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Bombardier Model DHC–8–400 series
airplanes. This AD requires inspecting
for fouling and chafing damage of the
outboard brake control cable of the main
landing gear, replacing the control cable
if necessary, reworking the control cable
cover, and, if applicable,
manufacturing/installing an offset plate
on the control cable cover. This AD
results from a review of brake control
cable operation conducted by the
manufacturer. We are issuing this AD to
prevent abrasion and wear of the
outboard brake control cable, which
could lead to cable separation and
reduced control of airplane braking.
DATES: This AD becomes effective
March 1, 2007.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of March 1, 2007.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
SW., Nassif Building, Room PL–401,
Washington, DC.
E:\FR\FM\25JAR1.SGM
25JAR1
]]>Agencies
[Federal Register Volume 72, Number 16 (Thursday, January 25, 2007)]
[Rules and Regulations]
[Pages 3350-3352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-899]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25889; Directorate Identifier 2006-NM-168-AD;
Amendment 39-14902; AD 2007-02-15]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain EMBRAER Model ERJ 170 airplanes. This AD requires replacement
of certain electrical bonding clamps and attaching hardware with new or
serviceable parts, as applicable, and other specified action. This AD
results from failure of an electrical bonding clamp, used to attach the
electrical bonding straps to the fuel system lines. We are issuing this
AD to prevent loss of bonding protection in the interior of the fuel
tanks or adjacent areas that, in combination with lightning strike,
could result in a fuel tank explosion and consequent loss of the
airplane.
DATES: This AD becomes effective March 1, 2007.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 1,
2007.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington
[[Page 3351]]
98057-3356; telephone (425) 227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at https://dms.dot.gov or in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain EMBRAER Model
ERJ 170 airplanes. That NPRM was published in the Federal Register on
September 26, 2006 (71 FR 56062). That NPRM proposed to require
replacement of certain electrical bonding clamps and attaching hardware
with new or serviceable parts, as applicable, and other specified
action.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Extend Compliance Time
EMBRAER requests that we extend the compliance from 5,000 flight
hours to 6,600 flight hours. EMBRAER states that 6,000 flight hours
corresponds with a heavy maintenance visit, and that an additional 600
flight hours is needed for the logistics associated with such
maintenance intervention. As justification, EMBRAER states that (1)
There is a large number of bonding clamps to replace, (2) low levels of
lightning currents were measured on the tank tubes during airplane
certification testing, and (3) very conservative results were obtained
during laboratory lightning tests of the tank tubes.
We agree. Extending the compliance time to 6,600 flight hours will
not adversely affect safety and will allow the replacement to be
performed during regularly scheduled maintenance at a base where
special equipment and trained maintenance personnel will be available
if necessary. Further, we have coordinated with the Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is the
airworthiness authority for Brazil, and ANAC agrees with extending the
compliance time as proposed by the commenter. Therefore, we have
revised paragraph (f) of this AD to specify a compliance time of 6,600
flight hours.
Request To Publish Service Information
The Modification and Replacement Parts Association (MARPA) states
that, typically, ADs are based on service information originating with
the type certificate holder or its suppliers. MARPA adds that
manufacturer service documents are privately authored instruments
generally having copyright protection against duplication and
distribution. MARPA notes that when a service document is incorporated
by reference into a public document, such as an AD, it loses its
private, protected status and becomes a public document. MARPA adds
that if a service document is used as a mandatory element of
compliance, it should not simply be referenced, but should be
incorporated into the regulatory document; by definition, public laws
must be public, which means they cannot rely upon private writings.
MARPA adds that incorporated by reference service documents should be
made available to the public by publication in the Docket Management
System (DMS), keyed to the action that incorporates them. MARPA notes
that the stated purpose of the incorporation by reference method is
brevity, to keep from expanding the Federal Register needlessly by
publishing documents already in the hands of the affected individuals;
traditionally, ``affected individuals'' means aircraft owners and
operators, who are generally provided service information by the
manufacturer. MARPA adds that a new class of affected individuals has
emerged, since the majority of aircraft maintenance is now performed by
specialty shops instead of aircraft owners and operators. MARPA notes
that this new class includes maintenance and repair organizations,
component servicing and repair shops, parts purveyors and distributors,
and organizations manufacturing or servicing alternatively certified
parts under section 21.303 (``Replacement and modification parts'') of
the Federal Aviation Regulations (14 CFR 21.303). Therefore, MARPA asks
that the service documents deemed essential to the accomplishment of
the NPRM be incorporated by reference into the regulatory instrument
and published in DMS.
We understand MARPA's comment concerning incorporation by
reference. The Office of the Federal Register (OFR) requires that
documents that are necessary to accomplish the requirements of the AD
be incorporated by reference during the final rule phase of rulemaking.
This final rule incorporates by reference the document necessary for
the accomplishment of the requirements mandated by this AD. Further, we
point out that while documents that are incorporated by reference do
become public information, they do not lose their copyright protection.
For that reason, we advise the public to contact the manufacturer to
obtain copies of the referenced service information.
In regard to the commenter's request to post service bulletins on
DMS, we are currently in the process of reviewing issues surrounding
the posting of service bulletins on DMS as part of an AD docket. Once
we have thoroughly examined all aspects of this issue and have made a
final determination, we will consider whether our current practice
needs to be revised. No change to the final rule is necessary in
response to this comment.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the change described previously.
We have determined that this change will neither increase the economic
burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD affects about 68 airplanes of U.S. registry. The required
actions take about 1 work hour per airplane, at an average labor rate
of $80 per work hour. Required parts cost about $41 per airplane. Based
on these figures, the estimated cost of the AD for U.S. operators is
$8,228, or $121 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on
[[Page 3352]]
products identified in this rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2007-02-15 Empresa Brasileira De Aeronautica S.A. (EMBRAER):
Amendment 39-14902. Docket No. FAA-2006-25889; Directorate
Identifier 2006-NM-168-AD.
Effective Date
(a) This AD becomes effective March 1, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, and -100 SU airplanes, certificated in any category; serial
numbers 17000007, 17000033, 17000034, 17000036 through 17000046
inclusive, and 17000050 through 17000067 inclusive.
Unsafe Condition
(d) This AD results from failure of an electrical bonding clamp,
used to attach the electrical bonding straps to the fuel system
lines. We are issuing this AD to prevent loss of bonding protection
in the interior of the fuel tanks or adjacent areas that, in
combination with lightning strike, could result in a fuel tank
explosion and consequent loss of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Replacement
(f) Within 6,600 flight hours after the effective date of this
AD: Replace all electrical bonding clamps having part number AN735D4
or AN735D6 with new clamps and replace the attaching hardware with
new or serviceable attaching hardware, and do the other specified
action, by accomplishing all of the actions specified in the
Accomplishment Instructions of EMBRAER Service Bulletin 170-28-0009,
Revision 01, dated February 23, 2006. The other specified action
must be done before further flight.
Credit for Previous Service Bulletin
(g) Actions done before the effective date of this AD in
accordance with EMBRAER Service Bulletin 170-28-0009, dated December
30, 2005, are acceptable for compliance with the requirements of
paragraph (f) of this AD.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(i) Brazilian airworthiness directive 2006-06-03, effective July
7, 2006, also addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use EMBRAER Service Bulletin 170-28-0009, Revision
01, dated February 23, 2006, to perform the actions that are
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approved the incorporation by reference of
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for a copy of this
service information. You may review copies at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street,
SW., Room PL-401, Nassif Building, Washington, DC; on the Internet
at https://dms.dot.gov; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at the NARA, call (202) 741-6030, or go to https://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on January 11, 2007.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-899 Filed 1-24-07; 8:45 am]
BILLING CODE 4910-13-P
