8604 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 

free of evidence of Phytophthora 

ramorum infestation at the time of 

inspection. Certification is valid for 1 

year and must be renewed each year to 

continue shipping plants interstate. 

(e) Additions to the lists of proven 

hosts and associated plants. In the event 

that APHIS informs a nursery owner 

that additional proven hosts or 

associated plants exist, but those taxa 

are not yet listed in this subpart, the 

following provisions apply: 

(1) Nurseries operating under a 

compliance agreement in accordance 

with § 301.92–6 may continue to ship 

plants interstate in accordance with this 

subpart. 

(2) Nurseries that had not previously 

contained any regulated or associated 

articles, and that had been inspected in 

accordance with § 301.92–11(b)(3) and 

allowed to ship plants interstate without 

certificate, but that contain a newly 

identified proven host or associated 

plant must cease interstate shipments of 

regulated articles and associated hosts 

until the nursery is reinspected and 

found free of evidence of Phytophthora 

ramorum in accordance with § 301.92–

11. Nurseries that come under 

regulation during winter dormancy 

periods and that are not able to be 

inspected in accordance with § 301.92–

11 prior to desired shipments of nonhost nursery stock may be allowed to 

ship non-host nursery stock interstate at 

the discretion of an inspector. 

(Approved by the Office of Management and 

Budget under control number 0579–0310) 

§ 301.92–12 Testing protocols. 

Samples must be analyzed using a 

methodology approved by APHIS at a 

laboratory approved by APHIS. The 

following methodology is approved by 

APHIS. 

(a) Optional ELISA Prescreening. An 

APHIS-approved ELISA may be used to 

prescreen plant samples to determine 

the presence of Phytophthora spp. 

(1) Negative prescreening results. If all 

samples from a single nursery are found 

to be negative through APHIS-approved 

ELISA prescreening, no further testing is 

required. The nursery may be 

considered free of evidence of 

Phytophthora ramorum, and plants in 

the nursery are eligible for interstate 

movement under certificate in 

accordance with § 301.92–5. 

(2) Positive prescreening results. If 

ELISA prescreening reveals the presence 

of Phytophthora spp. in any plants, each 

sample that returns positive ELISA 

results must be tested as provided in 

paragraph (b) of this section. 

(b) Mandatory testing procedures. If 

ELISA prescreening is not performed, or 

if results of ELISA prescreening are 

positive for Phytophthora spp. in any 

sample, the sample must be analyzed 

using an APHIS-approved test. Samples 

will be considered positive for 

Phytophthora ramorum based on 

positive results of any approved test. 

Positive PCR or other molecular tests do 

not require confirmatory culture tests, 

nor do positive culture tests require 

confirmatory PCR or other molecular 

tests; however, if culture tests return 

other than positive results, an APHISapproved PCR or other molecular test 

must be conducted, as provided in 

paragraph (b)(1) of this section. 

(1) PCR or other molecular tests. 

(i) Negative results. If the results of 

PCR or other molecular tests are 

negative for all samples in a nursery, no 

further testing is required. The nursery 

may be considered free of evidence of 

Phytophthora ramorum and plants in 

the nursery are eligible for interstate 

movement under certificate in 

accordance with § 301.92–5. 

(ii) Positive results. If any samples 

tested using PCR or other molecular 

tests return positive results for 

Phytophthora ramorum, the nursery 

from which they originate is prohibited 

from moving plants interstate. The 

nursery will be eligible to ship certain 

plants interstate when an inspector 

determines that those plants are free of 

evidence of Phytophthora ramorum. 

(2) Culture Test. 

(i) Negative results. If the results of 

culture tests are other than positive for 

any samples taken from a single 

nursery, plants in the nursery must 

continue to be withheld from shipment 

in accordance with § 301.92–11 and 

each plant sample must be tested again 

using a PCR or other molecular test, as 

described in this section. 

(ii) Positive results. If any culture tests 

return positive results for Phytophthora 

ramorum, the nursery from which they 

originate is prohibited from moving 

plants interstate as directed by an 

inspector. The nursery will be eligible to 

ship certain plants interstate when an 

inspector determines that those plants 

are free of evidence of Phytophthora 

ramorum. 

(c) Other test methods. Other test 

methods may be acceptable if approved 

by APHIS. 

Done in Washington, DC, this 16th day of 

February 2007. 

Bruce Knight, 

Under Secretary for Marketing and Regulatory 

Programs. 

[FR Doc. 07–892 Filed 2–26–07; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25890; Directorate 

Identifier 2006–NM–115–AD; Amendment 

39–14943; AD 2007–04–11] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A300 B2 and B4 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to all Airbus Model A300 

B2, B4–100, and B4–200 series 

airplanes. That AD currently requires 

supplemental structural inspections to 

detect fatigue cracking, and repair of 

cracked structure. This new AD requires 

revising the maintenance program by 

incorporating new and revised 

supplemental structural inspections, 

inspection intervals, and repairs; and 

repair of any damaged, cracked, or 

corroded structure; which would end 

the existing supplement structural 

inspections. This AD results from a 

review of service history and reports 

received from the current supplemental 

structural inspection document 

program. We are issuing this AD to 

prevent reduced structural integrity of 

these airplanes due to fatigue cracking. 

DATES: This AD becomes effective April 

3, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of April 3, 2007. 

On August 9, 1996 (61 FR 35122, July 

5, 1996), the Director of the Federal 

Register approved the incorporation by 

reference of Airbus Industrie 

Supplemental Structural Inspection 

Document, dated September 1989; and 

Airbus Industrie A300 Supplemental 

Structural Inspection Document, 

Revision 2, dated June 1994. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

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 Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, 

for service information identified in this 

AD. 

FOR FURTHER INFORMATION CONTACT: Tom 

Stafford, Aerospace Engineer, 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 8605 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1622; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may examine the airworthiness 

directive (AD) docket on the Internet at 

http://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 

supersedes AD 96–13–11, amendment 

39–9679 (61 FR 35122, July 5, 1996). 

The existing AD applies to all Airbus 

Model A300 B2, B4–100, and B4–200 

series airplanes. That NPRM was 

published in the Federal Register on 

September 26, 2006 (71 FR 56058). That 

NPRM proposed to continue to require 

supplemental structural inspections to 

detect fatigue cracking, and repair of 

cracked structure. That NPRM also 

proposed to require revising the 

maintenance program by incorporating 

new and revised supplemental 

structural inspections, inspection 

intervals, and repairs; and repair of any 

damaged, cracked, or corroded 

structure; which would end the existing 

supplement structural inspections. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comment received. 

Request for Change to the Applicability 

Airbus, the manufacturer, requests 

that we exclude the A300–600 series 

airplanes from the AD applicability. The 

commenter refers us to page 1–A of 

Airbus A300 Airworthiness Limitation 

Items Document SEM2/95A.1090/05, 

Issue 3, dated September 2005, as 

revised by Airbus Temporary Revision 

3.1, dated April 2006, which does not 

include A300–600 series airplanes. 

We agree with the commenter’s 

request. We do not want any reader of 

this AD to infer that A300–600 series 

airplanes are included, and have 

changed the applicability to exclude 

those airplanes in paragraph (c) of this 

AD. 

Conclusion 

We have carefully reviewed the 

available data, including the comment 

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 

The following table provides the 

estimated costs for U.S. operators to 

comply with this AD. 

ESTIMATED COSTS

Action Work 

hours 

Average labor 

rate per hour Parts Cost per airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Implementation of supplemental structural inspection program (required by AD 96–13–11).597 $80 None .... $47,760 29 $1,385,040 

Revision of the FAA-approved maintenance program (new action).10 80 None .... 800 29 23,200 

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 

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: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by removing amendment 39–9679 (61 

FR 35122, July 5, 1996) and by adding 

the following new airworthiness 

directive (AD): 

2007–04–11 Airbus: Amendment 39–14943. 

Docket No. FAA–2006–25890; 

Directorate Identifier 2006–NM–115–AD. 

Effective Date 

(a) This AD becomes effective April 3, 

2007. 


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8606 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 

Affected ADs 

(b) This AD supersedes AD 96–13–11. 

Applicability 

(c) This AD applies to all Airbus Model 

A300 B2 and B4 series airplanes, certificated 

in any category, excluding A300–600 series 

airplanes. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance according 

to paragraph (x) of this AD. The request 

should include a description of changes to 

the required inspections that will ensure the 

continued damage tolerance of the affected 

structure. The FAA has provided guidance 

for this determination in Advisory Circular 

(AC) 25–1529. 

Unsafe Condition 

(d) This AD results from a review of service 

history and reports received from the current 

supplemental structural inspection document 

program. We are issuing this AD to prevent 

reduced structural integrity of these airplanes 

due to fatigue cracking. 

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. 

Requirements of AD 96–13–11 

(f) Within one year after March 9, 1993 (the 

effective date of AD 93–01–24, amendment 

39–8478), incorporate a revision into the 

FAA-approved maintenance inspection 

program that provides for supplemental 

maintenance inspections, modifications, 

repair, or replacement of the significant 

structural details (SSD) and significant 

structural items (SSI) specified in ‘‘Airbus 

Industrie A300 Supplemental Structural 

Inspection Document’’ (SSID), dated 

September 1989 (hereafter referred to as ‘‘the 

SSID’’). 

(g) Within one year after August 9, 1996 

(the effective date of AD 96–13–11), replace 

the revision of the FAA-approved 

maintenance program required by paragraph 

(f) of this AD with the inspections, inspection 

intervals, repairs, and replacements defined 

in ‘‘Airbus Industrie A300 Supplemental 

Structural Inspection Document’’ (SSID), 

Revision 2, dated June 1994 (hereafter 

referred to as ‘‘Revision 2 of the SSID’’). 

Accomplish the actions specified in the 

service bulletins identified in Section 6, ‘‘SB 

Reference List,’’ Revision 2 of the SSID, at the 

times specified in those service bulletins. 

The actions are to be accomplished in 

accordance with those service bulletins. 

(1) For airplanes that have exceeded the 

threshold specified in any of the service 

bulletins identified in Section 6, ‘‘SB 

Reference List,’’ Revision 2 of the SSID: 

Accomplish the actions specified in those 

service bulletins within the grace period 

specified in that service bulletin. The grace 

period is to be measured from August 9, 

1996. 

(2) For airplanes that have exceeded the 

threshold specified in any of the service 

bulletins identified in Section 6, ‘‘SB 

Reference List,’’ Revision 2 of the SSID, and 

a grace period is not specified in that service 

bulletin: Accomplish the actions specified in 

that service bulletin within 1,500 flight 

cycles after August 9, 1996. 

(h) If any cracked structure is detected 

during the inspections required by either 

paragraph (f) or (g) of this AD, prior to further 

flight, permanently repair the cracked 

structure in accordance with either paragraph 

(h)(1), (h)(2), or (h)(3) of this AD. 

Note 2: A permanent repair is defined as 

a repair that meets the certification basis of 

the airplane, and does not require additional 

modification at a later date. 

(1) The service bulletins listed in Section 

6, ‘‘SB Reference List,’’ of the SSID (for 

airplanes that are currently being inspected 

in accordance with paragraph (f) of this AD); 

or in accordance with a method approved by 

the Manager, International Branch, ANM–116 

(formerly the Standardization Branch, ANM–

113), FAA, Transport Airplane Directorate, if 

a permanent repair is not specified in any of 

these service bulletins. Or 

(2) The service bulletins listed in Section 

6, ‘‘SB Reference List,’’ of Revision 2 of the 

SSID (for airplanes that are currently being 

inspected in accordance with paragraph (g) of 

this AD); or in accordance with a method 

approved by the Manager, International 

Branch, ANM–116 (formerly the 

Standardization Branch, ANM–113), if a 

permanent repair is not specified in any of 

these service bulletins. Or, 

(3) Other permanent repair data meeting 

the certification basis of the airplane which 

is approved by the Manager, International 

Branch, ANM–116 (formerly the 

Standardization Branch, ANM–113); or by 

the Direction Ge ́ne ́rale de l’Aviation Civile 

(DGAC) of France. 

(i) For airplanes identified as Fleet Leader 

Program (FLP) in Section 5, ‘‘Fleet Leader 

Program,’’ of the SSID or Revision 2 of the 

SSID: Inspect according to the instructions 

and intervals specified in paragraph 4.4, 

‘‘Adjustment of Inspection Requirements and 

DSG,’’ of Section 4, or Section 9, as 

applicable, of the SSID (for airplanes 

inspected in accordance with paragraph (f) of 

this AD), or Revision 2 of the SSID (for 

airplanes inspected in accordance with 

paragraph (g) of this AD), for each SSD. 

(j) For the purpose of accomplishing 

paragraphs (i), (k), (l), and (n) of this AD, 

operators shall not use paragraph 6.2, 

‘‘Complete RR Method,’’ of Section 9 of the 

SSID to calculate inspection thresholds and 

intervals. 

(k) For Model A300–B2 and B2K–3C series 

airplanes: For any SSD that has exceeded the 

values of the threshold specified in 

paragraph 6, ‘‘Inspection Threshold and 

Intervals,’’ Section 9 of the SSID, inspect at 

the time specified in either paragraph (k)(1) 

or (k)(2) of this AD, as applicable. 

(1) For airplanes inspected in accordance 

with paragraph (f) of this AD: Inspect within 

2,000 landings after March 9, 1993, in 

accordance with the SSID. Or, 

(2) For airplanes inspected in accordance 

with paragraph (g) of this AD: Inspect within 

2,000 landings after August 9, 1996, in 

accordance with Revision 2 of the SSID. 

(l) For Model A300–B4 series airplanes: 

For any SSD that has exceeded the values of 

the threshold specified in paragraph 6, 

‘‘Inspection Threshold and Intervals,’’

Section 9 of the SSID, inspect at the time 

specified in either paragraph (l)(1) or (l)(2) of 

this AD, as applicable. 

(1) For airplanes inspected in accordance 

with paragraph (f) of this AD: Inspect within 

1,500 landings after March 9, 1993 [the 

effective date of AD 93–01–24, amendment 

39–8478]. Or, 

(2) For airplanes inspected in accordance 

with paragraph (g) of this AD: Inspect within 

1,500 landings after August 9, 1996. 

(m) For airplanes identified as FLP in 

Section 5, ‘‘Fleet Leader Program,’’ of the 

SSID or Revision 2 of the SSID: Within one 

year after August 9, 1996, apply the basic 

requirements given in Revision 2 of the SSID. 

(n) For airplanes that are subject to the 

requirements of paragraph (g) of this AD, and 

have exceeded the initial inspection 

threshold specified in paragraph 4.4, 

‘‘Adjustment of Inspection Requirements and 

DSG,’’ of Section 4, or paragraph 6, 

‘‘Inspection Threshold and Intervals,’’ of 

Section 9, for each SSD: Perform the initial 

inspection prior to the accumulation of the 

number of flight cycles specified in 

paragraph 7, ‘‘Additional Information,’’

Section 9, of Revision 2 of the SSID. 

Note 3: Fatigue ratings are not applicable 

to these allowances; therefore, no adjustment 

is required. 

Note 4: Paragraph (n) of this AD provides 

the ‘‘grace’’ periods for those airplanes that 

are new to the FLP or that have newly added 

or revised SSID requirements in accordance 

with paragraph (g) of this AD. 

(o) The grace period provided by paragraph 

(n) of this AD is also applicable to the 

thresholds and/or repeat intervals for each 

SSD for which the inspection interval or 

threshold was reduced in accordance with 

the requirements of paragraph (g) of this AD. 

(p) For FLP airplanes identified in Section 

5, ‘‘Fleet Leader Program,’’ of the SSID or 

Revision 2 of the SSID that are listed in 

Section 7, ‘‘SSI Limitation List,’’ of the SSID 

(for airplanes that are currently being 

inspected in accordance with paragraph (f) of 

this AD), or Revision 2 of the SSID (for 

airplanes that are currently being inspected 

in accordance with paragraph (g) of this AD): 

Inspect at intervals not to exceed the interval 

specified for each SSI, in accordance with the 

values given in Section 7, ‘‘SSI Limitation 

List,’’ of the SSID or Revision 2 of the SSID, 

as applicable. 

(q) For all airplanes: All inspection results, 

positive or negative, must be reported to 

Airbus in accordance with either paragraph 

(q)(1) or (q)(2) of this AD, as applicable. 

Information collection requirements 

contained in this regulation have been 

approved by the Office of Management and 

Budget (OMB) under the provisions of the 

Paperwork Reduction Act of 1980 (44 U.S.C. 


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Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 8607 

3501 et seq.) and have been assigned OMB 

Control Number 2120–0056. 

(1) For FLP airplanes, identified in Section 

5, ‘‘Fleet Leader Program,’’ of the SSID or 

Revision 2 of the SSID: Submit reports in 

accordance with the instructions in 

paragraph 5.2, ‘‘SSIP Inspection Reporting,’’

of Section 5, and paragraph 7.1, ‘‘General,’’

of Section 7 of the SSID (for airplanes that 

are currently being inspected in accordance 

with paragraph (f) of this AD); or Revision 2 

of the SSID (for airplanes inspected in 

accordance with paragraph (g) of this AD). 

(2) For all airplanes that are subject to 

Section 6, ‘‘SB Reference List,’’ of the SSID: 

Submit reports in accordance with the 

instructions in the applicable service 

bulletins identified in Section 6 of the SSID 

(for airplanes that are currently being 

inspected in accordance with paragraph (f) of 

this AD); or Revision 2 of the SSID (for 

airplanes that are currently being inspected 

in accordance with paragraph (g) of this AD). 

New Requirements of This AD 

Revision of the FAA-Approved Maintenance 

Inspection Program 

(r) Within 12 months after the effective 

date of this AD, replace the revision of the 

FAA-approved maintenance program 

required by paragraph (g) of this AD with the 

supplemental structural inspections, 

inspection intervals, and repairs defined in 

Airbus A300 Airworthiness Limitation Items 

(ALI) Document SEM2/95A.1090/05, Issue 3, 

dated September 2005, as revised by Airbus 

Temporary Revision (TR) 3.1, dated April 

2006 (hereafter referred to as ‘‘Issue 3 of the 

ALI’’). Accomplish the actions specified in 

Issue 3 of the ALI at the times specified in 

that ALI, except as provided by paragraph (s) 

of this AD. The actions must be 

accomplished in accordance with Issue 3 of 

the ALI. Accomplishing the applicable initial 

ALI tasks constitutes terminating action for 

the requirements of paragraphs (f) through (q) 

of this AD. 

(s) For airplanes that have exceeded the 

threshold or intervals specified in Issue 3 of 

the ALI for the application tolerance on the 

first interval for new and revised 

requirements and have exceeded 50 percent 

of the intervals specified in sections D and 

E of Issue 3 of the ALI: Do the actions within 

6 months after the effective date of this AD. 

Corrective Actions 

(t) Damaged, cracked, or corroded structure 

detected during any inspection done in 

accordance with Issue 3 of the ALI must be 

repaired, before further flight, in accordance 

with Issue 3 of the ALI, except as provided 

by paragraph (u) of this AD; or other data 

meeting the certification basis of the airplane 

which is approved by the Manager, 

International Branch, ANM–116; or by the 

European Aviation Safety Agency (EASA) (or 

its delegated agent). 

(u) Where Issue 3 of the ALI specifies 

contacting Airbus for appropriate action: 

Before further flight, repair the damaged, 

cracked, or corroded structure using a 

method approved by either the Manager, 

International Branch, ANM–116; or the 

EASA (or its delegated agent). 

No Fleet Sampling 

(v) Although Issue 3 of the ALI specifies to 

do a ‘‘Sampling Concept’’ in section B, this 

AD prohibits the use of such a sampling 

program and requires all affected airplanes of 

the fleet to be inspected. 

No Reporting 

(w) Although Issue 3 of the ALI specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

Alternative Methods of Compliance 

(AMOCs) 

(x)(1) The Manager, International Branch, 

ANM–116, 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 96–13–11 are approved 

as AMOCs for the corresponding provisions 

of paragraphs (f) through (q) of this AD. 

Related Information 

(y) EASA airworthiness directive 2006–

0071, dated March 30, 2006, also addresses 

the subject of this AD. 

Material Incorporated by Reference 

(z) You must use Airbus A300 

Airworthiness Limitation Items Document 

SEM2/95A.1090/05, Issue 3, dated September 

2005, as revised by Airbus A300 

Airworthiness Limitation Items Document 

SEM2/95A.1090/05, Temporary Revision 3.1, 

including attachment, dated April 2006, and 

including attachments dated September 

2005; Airbus Industrie Supplemental 

Structural Inspection Document, dated 

September 1989; and Airbus Industrie A300 

Supplemental Structural Inspection 

Document, Revision 2, dated June 1994; as 

applicable, to perform the actions that are 

required by this AD, unless the AD specifies 

otherwise. Airbus A300 Airworthiness 

Limitation Items Document SEM2/95A.1090/ 

05, Issue 3, dated September 2005, contains 

the following effective pages: 

Page number 

Issue number 

shown on 

page 

Date shown 

on page 

1–SOC—10–

SOC.

Section SOC, 

3.

September 

2005. 

1–TOC ......... Section TOC, 

3.

September 

2005. 

1–A ............... Section A, 3 September 

2005. 

1–B—6–B ..... Section B, 3 September 

2005. 

1–C, 2 .......... Section C, 3 September 

2005. 

1–D, 2–D, 3–

101.

Section D, 3 September 

2005. 

1–E, 1–24 .... Section E, 3 September 

2005. 

1–F, 2–39 ..... Section F, 3 September 

2005. 

Page number 

Issue number 

shown on 

page 

Date shown 

on page 

1–G, 20–G, 

30–G, 101–

G.

Section G, 3 September 

2005. 

2–G—19–G, 

21–G—29–

G, 31–G—

100G, 102–

G—328–G.

1 ................... January 

2004. 

1–App—3–

App.

Section App, 

3.

September 

2005. 

(Airbus A300 Airworthiness Limitation 

Items Document SEM2/95A.1090/05, Issue 3, 

dated September 2005, contains two page 1–

SOC and two page 190–G. The first page 

identified as 1–SOC is the Record of Changes 

and the second page 1–SOC is the first page 

of the Summary of Changes. The first page 

identified as page 190–G refers to 

Airworthiness Limitation Item 546014, and 

the second page 190–G refers to 

Airworthiness Limitation Item 556001.) 

Airbus A300 Airworthiness Limitations Items 

Document SEM2/95A.1090/05, Temporary 

Revision 3.1, dated April 2006, contains the 

following effective pages: 

Page number 

Issue number 

shown on 

page 

Date shown 

on page 

1–T.R. 3.1–

4–T.R.3.1.

Original ......... April 2006. 

Section D, 3–

27.

T.R.3.1 ......... April 2006. 

Section E, 1–

4.

3 ................... September 

2005. 

Section F, 2–

6.

3 ................... September 

2005. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

Airbus A300 Airworthiness Limitation Items 

Document SEM2/95A.1090/05, Issue 3, dated 

September 2005; as revised by Airbus A300 

Airworthiness Limitation Items Document 

SEM2/95A.1090/05, Temporary Revision 3.1, 

including attachment, dated April 2006, and 

including attachments, dated September 

2005; in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. 

(2) On August 9, 1996 (61 FR 35122, July 

5, 1996), the Director of the Federal Register 

approved the incorporation by reference of 

Airbus Industrie Supplemental Structural 

Inspection Document, dated September 1989; 

and Airbus Industrie Supplemental 

Structural Inspection Document, Revision 2, 

dated June 1994. 

(3) Contact Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, 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 http://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 http:// 

www.archives.gov/federal_register/ 


cprice-sewell on PROD1PC66 with RULES
8608 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Rules and Regulations 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on February 

6, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–2512 Filed 2–26–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26044; Directorate 

Identifier 2006–NM–098–AD; Amendment 

39–14960; AD 2007–04–27] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F.28 Mark 1000, 2000, 3000, and 

4000 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Fokker Model F.28 Mark 1000, 2000, 

3000, and 4000 airplanes. This AD 

requires a one-time inspection of the 

left- and right-hand main landing gear 

(MLG) downlock actuators or a review 

of the airplane maintenance records to 

determine the part number of each 

downlock actuator installed, and 

replacement of identified MLG 

downlock actuators with modified MLG 

downlock actuators. This AD results 

from a report of a failed downlock 

actuator, which resulted in the left MLG 

collapsing during taxi after landing. We 

are issuing this AD to prevent failure of 

the downlock actuator, which could 

prevent the MLG side stay from locking 

properly, resulting in collapse of the 

MLG during ground maneuvers or upon 

landing. 

DATES: This AD becomes effective April 

3, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of April 3, 2007. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

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 Fokker Services B.V., 

Technical Services Dept., P.O. Box 231, 

2150 AE Nieuw-Vennep, the 

Netherlands, for service information 

identified in this AD. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may examine the airworthiness 

directive (AD) docket on the Internet at 

http://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 all Fokker Model F.28 Mark 

1000, 2000, 3000, and 4000 airplanes. 

That NPRM was published in the 

Federal Register on October 12, 2006 

(71 FR 60085). That NPRM proposed to 

require a one-time inspection of the leftand right-hand main landing gear (MLG) 

downlock actuators or a review of the 

airplane maintenance records to 

determine the part number of each 

downlock actuator installed, and 

replacement of identified MLG 

downlock actuators with modified MLG 

downlock actuators. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request To State Intent To Incorporate 

Service Information 

The Modification and Replacement 

Parts Association (MARPA) requests 

that, during the NPRM stage of AD 

rulemaking, the FAA state its intent to 

incorporate by reference (IBR) any 

relevant service information. MARPA 

states that without such a statement in 

the NPRM, it is unclear whether the 

relevant service information will be 

incorporated by reference in the final 

rule. 

We do not agree with the commenter’s 

request. When we reference certain 

service information in a proposed AD, 

the public can assume we intend to IBR 

that service information, as required by 

the Office of the Federal Register. No 

change to this final rule is necessary in 

regard to the commenter’s request. 

Request To Incorporate Essential 

Service Information 

MARPA states that airworthiness 

directives are frequently derived from 

service information originating with the 

type certificate holder or its suppliers. 

MARPA further states that these 

manufacturer service documents are 

privately authored instruments 

generally enjoying copyright protection 

against duplication and publication. 

MARPA asserts 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 

also states that if a service document is 

used as a mandatory element of 

compliance, it should not simply be 

mentioned, but should be incorporated 

into the regulatory document. Therefore, 

MARPA states that it is concerned that 

failure to incorporate the necessary 

service information could result in a 

court decision invalidating the AD. For 

these reasons, MARPA requests that the 

essential service documents be 

incorporated by reference into the 

regulatory instrument. 

We understand MARPA’s comment 

concerning IBR. 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 actions required 

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. 

Request To Publish Service Information 

on the Docket Management System 

(DMS) 

MARPA also requests that we make 

service information available to the 

public by publication in DMS, keyed to 

the action that incorporates that 

information. MARPA states that the 

purpose of the IBR method is brevity, to 

keep from expanding the Federal 

Register needlessly by publishing 

documents already available to the 

affected individuals. MARPA asserts 

that, traditionally, ‘‘affected 

individuals’’ has meant aircraft owners 

and operators who are generally 

provided service information by the 

manufacturer. MARPA further asserts 


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