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6928 Federal Register / Vol. 72, No.

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

For the reasons discussed above, I exhaust gases from the engine tailpipe and Related Information
certify that this AD: damage to adjacent structure. This situation (k) Canadian airworthiness directive CF–
(1) Is not a ‘‘significant regulatory could trigger the fire warning system and 2006–06, dated April 4, 2006, also addresses
action’’ under Executive Order 12866; result in an in-flight emergency, such as the the subject of this AD.
(2) Is not a ‘‘significant rule’’ under flightcrew shutting down the engine and
activating the fire suppression system. Material Incorporated by Reference
DOT Regulatory Policies and Procedures
(l) You must use Bombardier Service
(44 FR 11034, February 26, 1979); and Compliance Bulletin 84–78–01, Revision ‘A,’ dated
(3) Will not have a significant (e) You are responsible for having the September 15, 2005, to perform the actions
economic impact, positive or negative, actions required by this AD performed within that are required by this AD, unless the AD
on a substantial number of small entities the compliance times specified, unless the specifies otherwise. The Director of the
under the criteria of the Regulatory actions have already been done. Federal Register approved the incorporation
Flexibility Act. by reference of this document in accordance
We prepared a regulatory evaluation Inspection/Investigative and Corrective with 5 U.S.C. 552(a) and 1 CFR part 51.
of the estimated costs to comply with Actions Contact Bombardier, Inc., Bombardier
this AD and placed it in the AD docket. (f) Within 5,000 flight hours after the Regional Aircraft Division, 123 Garratt
See the ADDRESSES section for a location effective date of this AD: Inspect to Boulevard, Downsview, Ontario M3K 1Y5,
to examine the regulatory evaluation. determine the part number (P/N) of the V- Canada, for a copy of this service
band clamps on the engine exhaust duct information. You may review copies at the
List of Subjects in 14 CFR Part 39 shroud in accordance with the Docket Management Facility, U.S.
Accomplishment Instructions of Bombardier Department of Transportation, 400 Seventh
Air transportation, Aircraft, Aviation Street SW., Room PL–401, Nassif Building,
safety, Incorporation by reference, Service Bulletin 84–78–01, Revision ‘A,’
dated September 15, 2005. For any V-band Washington, DC; on the Internet at http://
Safety. dms.dot.gov; or at the National Archives and
clamp having P/N VC1642A–2030–A or
Records Administration (NARA). For
Adoption of the Amendment VC1642A–1875–A, before further flight,
information on the availability of this
determine the manufacturer’s date and do all
■ Accordingly, under the authority material at the NARA, call (202) 741–6030,
applicable related investigative and
delegated to me by the Administrator, or go to http://www.archives.gov/
corrective actions (including inspecting the
the FAA amends 14 CFR part 39 as federal_register/code_of_federal_regulations/
flange of the shroud assemblies for
ibr_locations.html.
follows: discrepancies), by accomplishing all the
actions specified in the Accomplishment Issued in Renton, Washington, on February
PART 39—AIRWORTHINESS Instructions of the service bulletin; except as 2, 2007.
DIRECTIVES provided by paragraph (g) of this AD. Do all Ali Bahrami,
applicable related investigative and Manager, Transport Airplane Directorate,
■ 1. The authority citation for part 39 corrective actions before further flight. Aircraft Certification Service.
continues to read as follows: (g) If, during the accomplishment of the [FR Doc. E7–2411 Filed 2–13–07; 8:45 am]
Authority: 49 U.S.C. 106(g), 40113, 44701. corrective actions required by paragraph (f) of
BILLING CODE 4910–13–P
this AD, the service bulletin specifies
§ 39.13 [Amended] contacting the manufacturer for repair
■ 2. The Federal Aviation instructions, before further flight, repair in
accordance with a method approved by
DEPARTMENT OF TRANSPORTATION
Administration (FAA) amends § 39.13
either the Manager, New York Aircraft
by adding the following new Federal Aviation Administration
Certification Office (ACO), FAA; or Transport
airworthiness directive (AD):
Canada Civil Aviation (TCCA) (or its
2007–04–07 Bombardier, Inc. (Formerly de delegated agent). 14 CFR Part 39
Havilland, Inc.): Amendment 39–14938. [Docket No. FAA–2006–23786; Directorate
FAA–2006–26241; Directorate Identifier Actions Accomplished According to
Previous Issue of Service Bulletin Identifier 2006–CE–11-AD; Amendment 39–
2006–NM–155–AD. 14933; AD 2007–04–02]
(h) Actions accomplished before the
Effective Date RIN 2120–AA64
effective date of this AD according to
(a) This AD becomes effective March 21, Bombardier Service Bulletin 84–78–01, dated
2007. March 22, 2005, are considered acceptable Airworthiness Directives; CTRM
Affected ADs for compliance with the corresponding Aviation Sdn. Bhd. (Formerly Eagle
actions specified in paragraph (f) of this AD. Aircraft (Malaysia) Sdn. Bhd.) Model
(b) None.
Eagle 150B Airplanes
Parts Installation
Applicability
(i) As of the effective date of this AD, no AGENCY: Federal Aviation
(c) This AD applies to Bombardier Model Administration (FAA), DOT.
person may install a V-band clamp, P/N
DHC–8–400 series airplanes, certificated in
any category; as identified in Bombardier VC1642A–2030–A or VC1642A–1875–A, ACTION: Final rule.
Service Bulletin 84–78–01, Revision ‘A,’ with a manufacturer batch stamp dated
before ‘‘08–02,’’ on any airplane. SUMMARY: The FAA is adopting a new
dated September 15, 2005.
airworthiness directive (AD) to
Unsafe Condition Alternative Methods of Compliance
(AMOCs) supersede AD 2004–11–04, which
(d) This AD results from a report of a applies to all CTRM Aviation Sdn. Bhd.
discrepancy found during a maintenance (j)(1) The Manager, New York ACO, has the (Formerly Eagle Aircraft (Malaysia) Sdn.
inspection on a V-band clamp located on the authority to approve AMOCs for this AD, if
Bhd.) Model Eagle 150B airplanes. AD
engine exhaust duct shroud. The clamp ends requested in accordance with the procedures
found in 14 CFR 39.19.
2004–11–04 currently requires you to
were touching (although the correct fastener inspect certain canard inboard flap
torque had been applied), resulting in (2) Before using any AMOC approved in
rmajette on PROD1PC67 with RULES

reduced clamp force on the flanges. We are accordance with § 39.19 on any airplane to hinge support brackets (initially before
issuing this AD to prevent vibration in the which the AMOC applies, notify the further flight and repetitively before the
duct shroud and fretting of the V-band clamp appropriate principal inspector in the FAA first flight of each day) and perform any
and flanges, which could result in cracking Flight Standards Certificate Holding District necessary follow-up action. This AD
of the flanges and consequent release of hot Office. results from mandatory continuing

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Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / Rules and Regulations 6929

airworthiness information (MCAI) Missouri 64106; telephone: 816–329– this action will be incorporated by
issued by the airworthiness authority for 4146; fax: 816–329–4090. reference.
Malaysia to require the installation of SUPPLEMENTARY INFORMATION: We are currently reviewing issues
improved design inboard flap hinge surrounding the posting of service
brackets as terminating action for the Discussion bulletins in the Department of
repetitive inspections. Consequently, On July 3, 2006, we issued a proposal Transportation’s DMS as part of the AD
this AD retains the requirement that you to amend part 39 of the Federal Aviation docket. Once we have thoroughly
inspect certain canard inboard flap Regulations (14 CFR part 39) to include examined all aspects of this issue and
hinge support brackets (initially before an AD that would apply to all CTRM have made a final determination, we
further flight and repetitively before the Aviation Sdn. Bhd. (Formerly Eagle will consider whether our current
first flight of each day) and then Aircraft (Malaysia) Sdn. Bhd.) Model practice needs to be revised.
requires that you replace the parts with Eagle 150B airplanes. This proposal was On the PMA issue, Mr. Buster’s
new design inboard flap hinge brackets published in the Federal Register as a comments are timely in that the FAA is
as terminating action for the repetitive notice of proposed rulemaking (NPRM) currently reviewing this issue as it
inspections or if cracks are found. We on July 11, 2006 (71 FR 39020). The applies to all products: Transport
are issuing this AD to detect and correct NPRM proposed to retain the airplanes, commuter airplanes, general
cracks in the canard inboard flap hinge requirement of AD 2004–11–04 that you aviation airplanes, engines and
support brackets, which could result in inspect certain canard inboard flap propellers, rotorcraft, and appliances.
loss of retention of controls and hinge support brackets (initially before The FAA acknowledges that there are
consequently, loss of airplane control. further flight and repetitively before the different ways of addressing this issue
DATES: This AD becomes effective on first flight of each day) and then replace to ensure that unsafe PMA parts are
March 21, 2007. the parts with new design inboard flap identified and addressed. Once we have
As of March 21, 2007, the Director of hinge brackets as terminating action for thoroughly examined all aspects of this
the Federal Register approved the the repetitive inspections or if cracks are issue including input from industry and
incorporation by reference of Eagle found. have made a final determination, we
Aircraft Mandatory Service Bulletin SB Comments will consider developing a standardized
1120, Original, Effective Date June 3, approach and standardized language on
We provided the public the how to address PMA parts in
2005. opportunity to participate in developing
On June 4, 2004 (69 FR 30189, May airworthiness directives.
this AD. The following presents the We have determined that to delay this
27, 2004), the Director of the Federal comment received on the proposal and
Register previously approved the AD action would be inappropriate since
FAA’s response to the comment: an unsafe condition exists and that
incorporation by reference of Eagle
Aircraft Mandatory Service Bulletin SB Comment Issue: Service Documents and replacement of certain parts must be
1109, Revision Original, Effective Date Parts Manufacturer Approval done to ensure continued safety.
August 29, 2003. Jack Buster of the Modification and Therefore, we have made no change to
Replacement Parts Association the AD in this regard.
ADDRESSES: To get the service
information identified in this AD, (MARPA) requests the following be Conclusion
contact CTRM Aviation Sdn. Bhd. incorporated into the regulatory action:
We have carefully reviewed the
(formerly known as Eagle Aircraft 1. Service documents deemed essential to available data and determined that air
(Malaysia) Sdn. Bhd.), Locked Bag 1028, the accomplishment of this proposed action safety and the public interest require
Pejabat Pos Besar Melaka, 75150 be incorporated by reference and published
in the Docket Management System (DMS);
adopting the AD as proposed except for
Melaka, Malaysia; telephone: 06 317 minor editorial corrections. We have
1007; fax: 06 317 7023. and
2. The issue of parts manufacturer approval determined that these minor
To view the AD docket, go to the (PMA) be addressed in the proposed action corrections:
Docket Management Facility; U.S. and that all Directorates within the FAA treat • Are consistent with the intent that
Department of Transportation, 400 the issue the same per Section 1, paragraph was proposed in the NPRM for
Seventh Street, SW., Nassif Building, (b)(10) of Executive Order 12866. correcting the unsafe condition; and
Room PL–401, Washington, DC 20590– We agree that the service documents • Do not add any additional burden
0001 or on the Internet at http:// are essential and should be incorporated upon the public than was already
dms.dot.gov. The docket number is by reference. However, we do not proposed in the NPRM.
FAA–2006–23786; Directorate Identifier incorporate by reference any document
2006-CE–11–AD. Costs of Compliance
in a proposed AD action; instead we
FOR FURTHER INFORMATION CONTACT: Karl incorporate by reference the document We estimate that this AD affects 13
Schletzbaum, Aerospace Engineer, in the final rule. Since we are issuing airplanes in the U.S. registry.
ACE–112, Small Airplane Directorate, the proposal as a final rule AD action, We estimate the following costs to do
901 Locust, Room 301, Kansas City, the service information referenced in each inspection:

Total cost per Total cost on


Labor cost Parts cost airplane U.S. operators

1 work-hour × $80 = $80 ........................................ Not Applicable ........................................................ $80 $1,040


rmajette on PROD1PC67 with RULES

We estimate the following costs to do as a result of the inspection or the


the replacements that would be required mandatory replacement:

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6930 Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / Rules and Regulations

Total cost per Total cost on


Labor cost Parts cost airplane U.S. operators

10 work-hours × $80 = $800 .................................. $1,700 .................................................................... $2,500 $32,500

Authority for This Rulemaking 1. Is not a ‘‘significant regulatory Authority: 49 U.S.C. 106(g), 40113, 44701.
action’’ under Executive Order 12866;
Title 49 of the United States Code § 39.13 [Amended]
2. Is not a ‘‘significant rule’’ under the
specifies the FAA’s authority to issue DOT Regulatory Policies and Procedures ■ 2. The FAA amends § 39.13 by
rules on aviation safety. Subtitle I, (44 FR 11034, February 26, 1979); and removing Airworthiness Directive (AD)
section 106 describes the authority of 3. Will not have a significant AD 2004–11–04; Amendment 39–13649
the FAA Administrator. Subtitle VII, economic impact, positive or negative, (69 FR 30189, May 27, 2004), and
Aviation Programs, describes in more on a substantial number of small entities adding the following new AD:
detail the scope of the agency’s under the criteria of the Regulatory 2007–04–02 CTRM Aviation Sdn. Bhd.
authority. Flexibility Act. (Formerly Eagle Aircraft (Malaysia)
We are issuing this rulemaking under We prepared a summary of the costs Sdn. Bhd.): Amendment 39–14933;
the authority described in subtitle VII, to comply with this AD (and other Docket No. FAA–2006–23786;
part A, subpart III, section 44701, Directorate Identifier 2006–CE–11–AD.
information as included in the
‘‘General requirements.’’ Under that Regulatory Evaluation) and placed it in Effective Date
section, Congress charges the FAA with the AD Docket. You may get a copy of (a) This AD becomes effective on March 21,
promoting safe flight of civil aircraft in this summary by sending a request to us 2007.
air commerce by prescribing regulations at the address listed under ADDRESSES.
Affected ADs
for practices, methods, and procedures Include ‘‘Docket No. FAA–2006–23786;
the Administrator finds necessary for Directorate Identifier 2006–CE–11–AD’’ (b) This AD supersedes AD 2004–11–04;
safety in air commerce. This regulation Amendment 39–13649.
in your request.
is within the scope of that authority Applicability
List of Subjects in 14 CFR Part 39
because it addresses an unsafe condition (c) This AD affects Model Eagle 150B
that is likely to exist or develop on Air transportation, Aircraft, Aviation airplanes, all serial numbers, that are
products identified in this AD. safety, Incorporation by reference, certificated in any category.
Safety.
Regulatory Findings Unsafe Condition
Adoption of the Amendment (d) This AD results from mandatory
We have determined that this AD will continuing airworthiness information (MCAI)
not have federalism implications under ■ Accordingly, under the authority
issued by the airworthiness authority for
Executive Order 13132. This AD will delegated to me by the Administrator, Malaysia. The actions specified in this AD
not have a substantial direct effect on the Federal Aviation Administration are intended to detect and correct cracks in
the States, on the relationship between amends part 39 of the Federal Aviation the canard inboard flap hinge support
the national government and the States, Regulations (14 CFR part 39) as follows: brackets, which could result in loss of
or on the distribution of power and retention of controls and consequently, loss
responsibilities among the various PART 39—AIRWORTHINESS of airplane control.
levels of government. DIRECTIVES
Compliance
For the reasons discussed above, I ■ 1. The authority citation for part 39 (e) To address this problem, you must do
certify that this AD: continues to read as follows: the following:

Actions Compliance Procedures

(1) Inspect the gusset weld area of the canard Initially inspect before the next flight after Follow Eagle Aircraft Mandatory Service Bul-
inboard flap hinge support brackets, part June 4, 2004 (the effective date of AD letin SB 1109, Revision Original, Effective
number (P/N) 5731D01–05 and P/N 2004–11–04). Repetitively inspect thereafter Date August 29, 2003.
5731D01–02, for cracked, lifted, or missing before the first flight of each day.
paint in the area of the weld or suspected
cracks.
(2) If cracked, lifted, or missing paint in the Before further flight after any inspection re- Follow Eagle Aircraft Mandatory Service Bul-
area of the weld or suspected cracks are quired by paragraph (e)(1) of this AD, letin SB 1109, Revision Original, Effective
found during any inspection required in para- where cracked, lifted, or missing paint in Date August 29, 2003.
graph (e)(1) of this AD, inspect the affected the area of the weld or suspected cracks
bracket more fully as specified in the service are found.
bulletin.
(3) Replace any canard inboard flap hinge sup- Before further flight after any inspection where Follow Eagle Aircraft Mandatory Service Bul-
port brackets, P/N 5731D01–05 and P/N cracks are found or within 6 months after letin SB 1120, Original, Effective Date June
5731D01–02, with new design inboard flap March 21, 2007 (the effective date of this 3, 2005.
hinge brackets, P/N 5731D05–01 and P/N AD), whichever occurs first. This action ter-
5731D06–01. minates the repetitive inspections required
rmajette on PROD1PC67 with RULES

in paragraph (e)(1) of this AD.


(4) Do not install any canard inboard flap hinge As of March 21, 2007 (the effective date of Not Applicable.
support brackets, P/N 5731D01–05 and P/N this AD).
5731D01–02

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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
rmajette on PROD1PC67 with RULES

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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