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59366 Federal Register / Vol. 71, No.

195 / Tuesday, October 10, 2006 / Rules and Regulations

TABLE 1.—TEMPORARY CHANGES—Continued


For Raytheon airplane Which is identified in To the Raytheon
Use Raytheon TC— Subject Title—
model— the Raytheon TC as— AFM—

400T ............................. Beechjet Model 400T 134–590002–1TC4 Anti/Deice Systems (In Flight Operation) .......... 134–590002–1B1
(TX).

Alternative Methods of Compliance Flight Standards Certificate Holding District 85, Wichita, Kansas 67201–0085, for a copy
(AMOCs) Office. of this service information. You may review
copies at the Docket Management Facility,
(g)(1) The Manager, Wichita Aircraft Material Incorporated by Reference U.S. Department of Transportation, 400
Certification Office, FAA, has the authority to (h) You must use the service information Seventh Street, SW., Room PL–401, Nassif
approve AMOCs for this AD, if requested in specified in Table 2 of this AD to perform the Building, Washington, DC; on the Internet at
accordance with the procedures found in 14 actions that are required by this AD, unless http://dms.dot.gov; or at the National
CFR 39.19. the AD specifies otherwise. The Director of Archives and Records Administration
(2) Before using any AMOC approved in the Federal Register approved the (NARA). For information on the availability
accordance with § 39.19 on any airplane to incorporation by reference of these of this material at the NARA, call (202) 741–
which the AMOC applies, notify the documents in accordance with 5 U.S.C. 6030, or go to http://www.archives.gov/
appropriate principal inspector in the FAA 552(a) and 1 CFR part 51. Contact Raytheon federal_register/code_of_federal_regulations/
Aircraft Company, Department 62, P.O. Box ibr_locations.html.

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE


To the Raytheon
Raytheon temporary change— Dated— airplane flight
manual—

128–590001–107TC11 ............................................................. September 15, 2006 ................................................................ 128–590001–107


128–590001–109TC12 ............................................................. September 15, 2006 ................................................................ 128–590001–109
128–590001–13BTC6 ............................................................... September 15, 2006 ................................................................ 128–590001–13B
128–590001–167TC18 ............................................................. September 15, 2006 ................................................................ 128–590001–167
128–590001–169TC9 ............................................................... September 15, 2006 ................................................................ 128–590001–169
128–590001–91TC12 ............................................................... September 15, 2006 ................................................................ 128–590001–91
128–590001–95TC13 ............................................................... September 15, 2006 ................................................................ 128–590001–95
132–590002–5TC4 ................................................................... September 15, 2006 ................................................................ 132–590002–5
134–590002–1TC4 ................................................................... September 15, 2006 ................................................................ 134–590002–1B1
MR–0460TC5 ............................................................................ September 15, 2006 ................................................................ MR–0460
MR–0873TC5 ............................................................................ September 15, 2006 ................................................................ MR–0873

Issued in Renton, Washington, on products listed above. This AD results SUPPLEMENTARY INFORMATION:
September 29, 2006. from mandatory continuing
Kalene C. Yanamura,
Discussion
airworthiness information (MCAI)
Acting Manager, Transport Airplane issued by an aviation authority of We issued a notice of proposed
Directorate, Aircraft Certification Service. another country to identify and correct rulemaking (NPRM) to amend 14 CFR
[FR Doc. E6–16552 Filed 10–6–06; 8:45 am] an unsafe condition on an aviation part 39 to include an AD that would
BILLING CODE 4910–13–P product. We are issuing this AD to apply to the specified products. That
require actions that are intended to NPRM was published in the Federal
address the unsafe condition described Register on August 9, 2006 (71 FR
DEPARTMENT OF TRANSPORTATION in the MCAI. 45449). That NPRM proposed to require
DATES: This AD becomes effective
creation of inspection holes, corrosion
Federal Aviation Administration inspection of the flange of the wing
November 14, 2006.
The Director of the Federal Register spar, repair of corrosion if necessary,
14 CFR Part 39 approved the incorporation by reference and removal of the sealing compound.
[Docket No. FAA–2006–25259; Directorate of certain publications listed in this AD Comments
Identifier 2006–CE–36–AD; Amendment 39– as of November 14, 2006. We gave the public the opportunity to
14783; AD 2006–20–13] ADDRESSES: You may examine the AD participate in developing this AD. We
RIN 2120–AA64 docket on the Internet at http:// have considered the comments received.
dms.dot.gov or in person at the Docket Jack Buster with the Modification and
Airworthiness Directives; Fuji Heavy Management Facility, U.S. Department Replacement Parts Association
Industries, Ltd. FA–200 Series of Transportation, 400 Seventh Street, (MARPA) provides comments on the
Airplanes SW., Nassif Building, Room PL–401, MCAI AD process pertaining to how the
AGENCY: Federal Aviation Washington, DC. FAA addresses publishing manufacturer
Administration (FAA), Department of FOR FURTHER INFORMATION CONTACT: service information as part of a
Doug Rudolph, Aerospace Engineer, proposed AD action. The commenter
jlentini on PROD1PC65 with RULES

Transportation (DOT).
ACTION: Final rule. Small Airplane Directorate, FAA, 901 states that the proposed rule attempts to
Locust, Room 301, Kansas City, require compliance with a public law by
SUMMARY: We are adopting a new Missouri 64106; telephone: (816) 329– reference to a private writing (as
airworthiness directive (AD) for the 4059; fax: (816) 329–4090. referenced in paragraph (e) of the

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Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Rules and Regulations 59367

proposed AD). The commenter would these figures, we estimate the cost of List of Subjects in 14 CFR Part 39
like the FAA to incorporate by reference this AD to the U.S. operators to be Air transportation, Aircraft, Aviation
(IBR) the Fuji service bulletin. $31,020, or $10,340 per product. safety, Incorporation by reference,
We agree with Mr. Buster. However, Safety.
we do not IBR any document in a Authority for This Rulemaking
proposed AD action, instead we IBR the Title 49 of the United States Code Adoption of the Amendment
document in the final rule. Since we are specifies the FAA’s authority to issue
■ Accordingly, under the authority
issuing the proposal as a final rule AD rules on aviation safety. Subtitle I,
delegated to me by the Administrator,
action, Fuji Heavy Industries, Ltd. (FHI) section 106, describes the authority of
the FAA amends 14 CFR part 39 as
Service Bulletin No. 200–015, dated the FAA Administrator. ‘‘Subtitle VII:
follows:
February 28, 2006, is incorporated by Aviation Programs,’’ describes in more
reference. detail the scope of the Agency’s PART 39—AIRWORTHINESS
Mr. Buster requests IBR documents be authority. DIRECTIVES
made available to the public by We are issuing this rulemaking under
publication in the Federal Register or in the authority described in ‘‘Subtitle VII, ■ 1. The authority citation for part 39
the Docket Management System (DMS). Part A, Subpart III, Section 44701: continues to read as follows:
We are currently reviewing issues General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701.
surrounding the posting of service section, Congress charges the FAA with
bulletins in the Department of promoting safe flight of civil aircraft in § 39.13 [Amended]
Transportation’s DMS as part of the AD air commerce by prescribing regulations ■ 2. The FAA amends § 39.13 by adding
docket. Once we have thoroughly for practices, methods, and procedures the following new AD:
examined all aspects of this issue and the Administrator finds necessary for 2006–20–13 Fuji Heavy Industries, Ltd.:
have made a final determination, we safety in air commerce. This regulation Amendment 39–14783 Docket No. FAA–
will consider whether our current is within the scope of that authority 2006–25259; Directorate Identifier 2006–
practice needs to be revised. because it addresses an unsafe condition CE–36–AD.
that is likely to exist or develop on Effective Date
Conclusion
products identified in this rulemaking
We reviewed the available data, action. (a) This airworthiness directive (AD)
including the comments received, and becomes effective November 14, 2006.
determined that air safety and the Regulatory Findings Affected ADs
public interest require adopting the AD We determined that this AD will not (b) None.
as proposed. have federalism implications under
Executive Order 13132. This AD will Applicability
Differences Between This AD and the (c) This AD applies to all FA–200 series
not have a substantial direct effect on
MCAI or Service Information airplanes, certificated in any U.S. category.
the States, on the relationship between
We have reviewed the MCAI and the national government and the States, Reason
related service information and, in or on the distribution of power and (d) The mandatory continuing
general, agree with their substance. But responsibilities among the various airworthiness information (MCAI) states that
we might have found it necessary to use levels of government. the aircraft manufacturer has identified field
different words from those in the MCAI For the reasons discussed above, I reports indicating corrosion of the flanges of
to ensure the AD is clear for U.S. certify this AD: the main wing spars. If not corrected, the
operators and is enforceable in a U.S. (1) Is not a ‘‘significant regulatory corrosion could cause deterioration of wing
court of law. In making these changes, action’’ under Executive Order 12866; strength. The MCAI requires creation of
we do not intend to differ substantively (2) Is not a ‘‘significant rule’’ under inspection holes, corrosion inspection of the
from the information provided in the DOT Regulatory Policies and Procedures flange of the wing spar, repair of corrosion
if necessary and removal of the sealing
MCAI and related service information. (44 FR 11034, February 26, 1979); and
compound. You may obtain further
We might also have required different (3) Will not have a significant information by examining the MCAI in the
actions in this AD from those in the economic impact, positive or negative, docket.
MCAI in order to follow FAA policies. on a substantial number of small entities
Any such differences are described in a under the criteria of the Regulatory Actions and Compliance
separate paragraph of the AD. These Flexibility Act. (e) Unless already done, do the following
requirements, if any, take precedence We prepared a regulatory evaluation except as stated in paragraph (f) below.
over the actions copied from the MCAI. of the estimated costs to comply with (1) Within 1 year after the effective date of
this AD and placed it in the AD Docket. this AD, carry out creation of inspection
Costs of Compliance holes, corrosion inspection of the flange of
We estimate that this AD will affect 3 Examining the AD Docket the wing spar, repair of corrosion if
necessary, and removal of the sealing
products of U.S. registry. We also You may examine the AD docket on compound in accordance with Fuji Heavy
estimate that it will take about 128 the Internet at http://dms.dot.gov; or in Industries, Ltd. (FHI) Service Bulletin (SB)
work-hours per product to comply with person at the Docket Management No. 200–015, dated February 28, 2006.
this AD. The average labor rate is $80 Facility between 9 a.m. and 5 p.m., (2) Repetitively inspect the flange of the
per work-hour. Required parts will cost Monday through Friday, except Federal wing spar for corrosion at intervals not to
about $100 per product. Where the holidays. The AD docket contains the exceed 5 years. Before further flight, repair
service information lists required parts NPRM, the regulatory evaluation, any corrosion, if necessary, in accordance with
costs that are covered under warranty, comments received, and other the SB.
we have assumed that there will be no information. The street address for the
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FAA AD Differences
charge for these parts. As we do not Docket Office (telephone (800) 647– (f) The SB calls out contacting Fuji Heavy
control warranty coverage for affected 5227) is in the ADDRESSES section. Industries Ltd. for a structural integrity
parties, some parties may incur costs Comments will be available in the AD evaluation if measured thickness exceeds
higher than estimated here. Based on docket shortly after receipt. minimum allowable limits or if corrosion is

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59368 Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Rules and Regulations

found on main spar flange in areas other than DEPARTMENT OF TRANSPORTATION between 9 a.m. and 5 p.m., Monday
fuel tank bay. Per paragraph (g)(2) of this AD, through Friday, except Federal holidays.
any corrective action in this aspect or any Federal Aviation Administration The Docket Management Facility office
other aspect per this AD must be FAA- (telephone (800) 647–5227) is located on
approved before returning the airplane to 14 CFR Part 39 the plaza level of the Nassif Building at
service. the street address stated in the
[Docket No. FAA–2006–23815; Directorate
Other FAA AD Provisions Identifier 2005–NM–222–AD; Amendment ADDRESSES section.
39–14784; AD 2006–21–01] Discussion
(g) The following provisions also apply to
this AD: RIN 2120–AA64 The FAA issued a notice of proposed
(1) Alternative Methods of Compliance rulemaking (NPRM) to amend 14 CFR
(AMOCs): The Manager, Standards Staff, Airworthiness Directives; Boeing part 39 to include an AD that would
FAA, ATTN: Doug Rudolph, Aerospace Model 737 Airplanes apply to all Boeing Model 737 airplanes.
Engineer, FAA, Small Airplane Directorate, That NPRM was published in the
AGENCY: Federal Aviation
901 Locust, Room 301, Kansas City, Missouri Federal Register on February 8, 2006
Administration (FAA), Department of
64106; telephone: (816) 329–4059; fax: (816) (71 FR 6417). That NPRM proposed to
Transportation (DOT).
329–4090, has the authority to approve require repetitive measurement of the
AMOCs for this AD, if requested using the ACTION: Final rule.
freeplay of both aileron balance tabs;
procedures found in 14 CFR 39.19. SUMMARY: The FAA is adopting a new repetitive lubrication of the aileron
(2) Return to Airworthiness: When balance tab hinge bearings and rod end
airworthiness directive (AD) for all
complying with this AD, perform FAA- bearings; and related investigative and
Boeing Model 737 airplanes. This AD
approved corrective actions before returning corrective actions if necessary.
requires repetitive measurement of the
the product to an airworthy condition.
freeplay of both aileron balance tabs; Comments
(3) Reporting Requirements: For any
repetitive lubrication of the aileron
reporting requirement in this AD, under the We provided the public the
balance tab hinge bearings and rod end
provisions of the Paperwork Reduction Act, opportunity to participate in the
the Office of Management and Budget (OMB)
bearings; and related investigative and
corrective actions if necessary. This AD development of this AD. We have
has approved the information collection considered the comments received.
requirements and has assigned OMB Control
results from reports of freeplay-induced
Number 2120–0056. vibration of the aileron balance tab. The Request To Revise Initial Compliance
potential for vibration of the control Times
Related Information surface should be avoided because the
Boeing, the airplane manufacturer,
(h) This AD is related to Japan Civil point of transition from vibration to
requests that the initial compliance
Aviation Bureau AD TCD–6832–2006, Date of divergent flutter is unknown. We are
times for the freeplay measurement and
Issue: April 10, 2006, which references Fuji issuing this AD to prevent excessive
the lubrication be revised. Specifically,
Heavy Industries Ltd. SB No. 200–015, dated vibration of the airframe during flight,
Boeing asks that airplanes completed
February 28, 2006. which could result in loss of control of
after release of the AD be allowed a
the airplane.
Material Incorporated by Reference compliance threshold of 24 months for
DATES: This AD becomes effective the freeplay measurement. The
(i) You must use Fuji Heavy Industries Ltd. November 14, 2006. The Director of the
SB No. 200–015, dated February 28, 2006, to commenter explains that the initial
Federal Register approved the compliance time of 18 months for the
do the actions required by this AD, unless the incorporation by reference of certain
AD specifies otherwise. measurement resulted partially from a
publications listed in the AD as of need for a more timely inspection to
(1) The Director of the Federal Register
November 14, 2006. address airplanes currently in service
approved the incorporation by reference of
ADDRESSES: You may examine the AD that may not have been maintained
this service information under 5 U.S.C.
552(a) and 1 CFR part 51. docket on the Internet at http:// frequently enough and that
(2) For service information identified in dms.dot.gov or in person at the Docket consequently may have excessive
this AD, contact Fuji Heavy Industries, Ltd., Management Facility, U.S. Department freeplay. For this reason, the initial
AEROSPACE COMPANY, 1–11 YOUNAN 1 of Transportation, 400 Seventh Street compliance time is shorter than the
CHOME UTSUNOMIYA TOCHIGI, JAPAN SW., Nassif Building, Room PL–401, repetitive intervals. But the commenter
320–8564; telephone: +81–28–684–7253; Washington, DC. notes that when airplanes leave its
facsimile: +81–28–684–7260. Contact Boeing Commercial production line, excessive freeplay is
(3) You may review copies at the FAA, Airplanes, P.O. Box 3707, Seattle, not yet an issue. So, for the actions in
Central Region, Office of the Regional Washington 98124–2207, for service paragraph (g) of the NPRM, the
Counsel, 901 Locust, Room 506, Kansas City, information identified in this AD. commenter suggests that airplanes
Missouri 64106; or at the National Archives FOR FURTHER INFORMATION CONTACT: delivered more recently or in the future
and Records Administration (NARA). For Dennis Stremick, Aerospace Engineer, should be given a compliance time of 24
information on the availability of this Airframe Branch, ANM–120S, FAA, months after the date of issuance of the
material at NARA, call 202–741–6030, or go Seattle Aircraft Certification Office, original standard airworthiness
to: http://www.archives.gov/federal-register/ 1601 Lind Avenue, SW., Renton, certificate or original export certificate
cfr/ibr-locations.html. Washington 98057–3356; telephone of airworthiness, or 18 months after the
Issued in Kansas City, Missouri, on (425) 917–6450; fax (425) 917–6590. effective date of the AD, whichever is
September 27, 2006. SUPPLEMENTARY INFORMATION: later.
The commenter also states that the
David R. Showers, Examining the Docket initial compliance time for the
jlentini on PROD1PC65 with RULES

Acting Manager, Small Airplane Directorate, You may examine the airworthiness lubrication for all airplanes should be
Aircraft Certification Service.
directive (AD) docket on the Internet at equal to the lowest of the repetitive
[FR Doc. E6–16354 Filed 10–6–06; 8:45 am] http://dms.dot.gov or in person at the intervals (9 months) specified in the
BILLING CODE 4910–13–P Docket Management Facility office NPRM because airplanes may be

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