Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 9237 

180.435 of the OMB guidance, you must 

include a term or condition in the 

transaction that requires the 

participant’s compliance with subpart C 

of 2 CFR part 180, as supplemented by 

Subpart C of this part, and requires the 

participant to include a similar term or 

condition in lower-tier covered 

transactions. 

Subpart E–I—[Reserved] 

Title 45—Public Welfare 

CHAPTER XI—NATIONAL ENDOWMENT 

FOR THE HUMANITIES 

PART 1169—[REMOVED] 

■ 2. Under authority Sec. 2455, Pub. L. 

103–355, 108 Stat. 3327 (31 U.S.C. 6101 

note); E.O. 12549 (3 CFR, 1986 Comp., 

p. 189); E.O. 12689 (3 CFR, 1989 Comp., 

p. 235) part 1169 is removed. 

Heather Gottry, 

Acting General Counsel. 

[FR Doc. E7–3548 Filed 2–28–07; 8:45 am] 

BILLING CODE 7536–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26356; Directorate 

Identifier 2006–NM–166–AD; Amendment 

39–14963; AD 2007–05–02] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 and ERJ 

190 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 

EMBRAER Model ERJ 170 and ERJ 190 

airplanes. This AD requires repetitive 

detailed inspections for blockage of the 

pitot drain holes of certain air data 

smart probes (ADSPs), removing 

accumulated moisture from the 

pneumatic passages of the ADSPs, 

related investigative actions, and 

corrective actions if necessary. This AD 

results from reports of erroneous air 

speed indications caused by blockage of 

the pitot sensors due to freezing of 

accumulated moisture in the ADSP 

pneumatic passages. We are issuing this 

AD to prevent an erroneous air speed 

indication, which could reduce the 

flightcrew’s ability to control the 

airplane. 

DATES: This AD becomes effective April 

5, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of April 5, 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 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 

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 

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 EMBRAER Model ERJ 170 

and ERJ 190 airplanes. That NPRM was 

published in the Federal Register on 

November 20, 2006 (71 FR 67075). That 

NPRM proposed to require repetitive 

detailed inspections for blockage of the 

pitot drain holes of certain air data 

smart probes (ADSPs), removing 

accumulated moisture from the 

pneumatic passages of the ADSPs, 

related investigative actions, and 

corrective actions if necessary. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We received no 

comments on the NPRM or on the 

determination of the cost to the public. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD as proposed. 

Costs of Compliance 

This AD affects about 93 airplanes of 

U.S. registry. The required actions take 

about 2 work hours per airplane, at an 

average labor rate of $80 per work hour. 

Based on these figures, the estimated 

cost of the AD for U.S. operators is 

$14,880, or $160 per airplane, per 

inspection cycle. 

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. 


rwilkins on PROD1PC63 with RULES
9238 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 

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 adding the following new 

airworthiness directive (AD): 

2007–05–02 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14963. Docket No. 

FAA–2006–26356; Directorate Identifier 

2006–NM–166–AD. 

Effective Date 

(a) This AD becomes effective April 5, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

ERJ 170–100 LR, –100 STD, –100 SE, –100 

SU, –200 LR, –200 STD, and –200 SU 

airplanes; and Model ERJ 190–100 STD, –100 

LR, and –100 IGW airplanes; certificated in 

any category. 

Unsafe Condition 

(d) This AD results from reports of 

erroneous air speed indications caused by 

blockage of the pitot sensors due to freezing 

of accumulated moisture in the air data smart 

probe (ADSP) pneumatic passages. We are 

issuing this AD to prevent an erroneous air 

speed indication, which could reduce the 

flightcrew’s ability to control 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. 

Inspect To Determine Part Number (P/N) of 

ADSPs 

(f) Within 600 flight hours after the 

effective date of this AD, inspect to 

determine the part number of the ADSPs. For 

any Rosemount Aerospace ADSP having P/N 

2015G2H2H–4(), 2015G2H2H–5(), 

2015G2H2H–6(), or 2015G2H2H–7(), do the 

applicable actions required by this AD. For 

any ADSP having any other part number, no 

further action is required by this AD. 

Note 1: The parentheses used in the 

identified ADSP model part numbers 

indicate the presence or absence of an 

additional letter(s), which varies with the 

basic ADSP model designation. The letter(s) 

defines minor changes that do not affect 

interchangeability or eligibility of the ADSP. 

Therefore, this AD still applies regardless of 

the presence or absence of these letters on the 

ADSP model designation. 

Detailed Inspection, Moisture Removal, and 

Related Investigative/Corrective Actions 

(g) Within 600 flight hours after the 

effective date of this AD, perform a detailed 

inspection for blockage of the pitot drain 

holes of the ADSP, remove accumulated 

moisture from the pneumatic passages of the 

ADSP, and, before further flight, do all 

related investigative actions and applicable 

corrective actions. Perform all required 

actions in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 170–34–0007, dated April 

28, 2005 (for Model ERJ 170 airplanes); or 

EMBRAER Service Bulletin 190–34–0003, 

dated December 2, 2005 (for Model ERJ 190 

airplanes); as applicable. Repeat all required 

actions thereafter at intervals not to exceed 

600 flight hours. 

Note 2: EMBRAER Service Bulletins 170–

34–0007 and 190–34–0003 refer to 

Rosemount Aerospace Service Bulletin 

2015G2H2H–34–04, Revision 1, dated April 

6, 2005, as an additional source of service 

information for accomplishing the required 

actions. 

Note 3: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

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 directives 2006–

05–05, effective June 14, 2006, and 2006–05–

08, effective June 19, 2006, also address the 

subject of this AD. 

Material Incorporated by Reference 

(j) You must use EMBRAER Service 

Bulletin 170–34–0007, dated April 28, 2005; 

or EMBRAER Service Bulletin 190–34–0003, 

dated December 2, 2005; as applicable; 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 these 

documents 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 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal-register/ 

cfr/ibr-locations.html. 

Issued in Renton, Washington, on February 

16, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–3363 Filed 2–28–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–25942; Airspace 

Docket No. 06–ACE–12] 

Modification of Class E Airspace; 

Thedford, NE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This document confirms the 

effective date of the direct final rule 

which revises Class E airspace at 

Thedford, NE. 

DATES: Effective Date: 0901 UTC, May 

10, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Grant Nichols, System Support, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2522. 

SUPPLEMENTARY INFORMATION: The FAA 

published this direct final rule with a 

request for comments in the Federal 

Register on January 11, 2007 (72 FR 

1278). The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

May 10, 2007. No adverse comments 

were received, and thus this notice 

confirms that this direct final rule will 

become effective on that date. 


rwilkins on PROD1PC63 with RULES