Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 10049 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516 note) requires 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guidelines issued by 

the Office of Management and Budget 

(OMB). OMB’s guidelines were 

published at 67 FR 8452 (February 22, 

2002); DOE’s guidelines were published 

at 67 FR 62446 (October 7, 2002). DOE 

has reviewed today’s notice under the 

OMB and DOE guidelines and has 

concluded that it is consistent with 

applicable policies in those guidelines. 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001) requires Federal agencies to 

prepare and submit to the Office of 

Information and Regulatory Affairs 

(OIRA), Office of Management and 

Budget, a Statement of Energy Effects for 

any proposed significant energy action. 

A ‘‘significant energy action’’ is defined 

as any action by an agency that 

promulgated or is expected to lead to 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy; or 

(3) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use if the 

proposal were implemented, and of 

reasonable alternatives to the action and 

their expected benefits on energy 

supply, distribution, and use. This final 

rule is not a significant regulatory action 

under Executive Order 12866 or any 

successor order, and because DOE is 

imposing no requirements in this final 

rule, it will not have a significant 

adverse effect on supply, distribution, or 

use of energy, and has not been 

designated by the Administrator of 

OIRA as a significant energy action. 

Accordingly, DOE has not prepared a 

Statement of Energy Effects. 

L. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of this rule prior to its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule,’’ as defined by 5 U.S.C. 804(2). 

IV. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s final rule. 

Issued in Washington, DC, on February 28, 

2007. 

Alexander A. Karsner, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. E7–3819 Filed 3–6–07; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25261; Directorate 

Identifier 2006–CE–38–AD; Amendment 39–

14971; AD 2007–05–10] 

RIN 2120–AA64 

Airworthiness Directives; Cessna 

Aircraft Company Models 172R, 172S, 

182S, 182T, T182T, 206H, and T206H 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA adopts a new 

airworthiness directive (AD) for certain 

Cessna Aircraft Company (Cessna) 

Models 172R, 172S, 182S, 182T, T182T, 

206H, and T206H airplanes. This AD 

requires you to install Modification Kit 

MK172–25–10C or a steel lock rod/bar 

on both crew seat back cylinder lock 

assemblies. If a steel lock rod/bar has 

already been installed on the crew seat 

back cylinder lock assembly, no further 

action is required. If you have already 

installed Modification Kit MK172–25–

10A or MK172–25–10B, this AD 

requires you to do an installation 

inspection and correct any 

discrepancies found. This AD results 

from reports of the crew seat back 

cylinder lock assembly failing at the aft 

end and other cylinder lock assemblies 

found cracked. We are issuing this AD 

to prevent the crew seat back cylinder 

lock assembly from bending, cracking, 

or failing. This failure could cause 

uncontrolled movement of the seat back, 

resulting in possible backward collapse 

during flight. Backward collapse of 

either crew seat back could result in an 

abrupt pitch-up if the affected crew 

member continues to hold on to the 

control yoke during this failure and 

could cause difficulty in exiting the 

airplane from an aft passenger seat after 

landing. 

DATES: This AD becomes effective on 

April 11, 2007. 

As of April 11, 2007, the Director of 

the Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulation. 

ADDRESSES: To get the service 

information identified in this AD, 

contact Cessna Aircraft Company, 

Product Support, P.O. Box 7706, 

Wichita, KS 67277; telephone: (316) 

517–5800; fax: (316) 942–9006. 

To view the AD docket, go to the 

Docket Management Facility, U.S. 

Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001 or on the Internet at http:// 

dms.dot.gov. The docket number is 

FAA–2006–25261; Directorate Identifier 

2006–CE–38–AD. 

FOR FURTHER INFORMATION CONTACT: Gary 

Park, Aerospace Engineer, FAA, Wichita 

Aircraft Certification Office, 1801 

Airport Road, Mid-Continent Airport, 

Wichita, Kansas 67209; telephone: (316) 

946–4123; facsimile: (316) 946–4107. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On August 3, 2006, we issued a 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an AD that would apply to 

certain Cessna Models 172R, 172S, 

182S, 182T, T182T, 206H, and T206H 

airplanes. This proposal was published 

in the Federal Register as a notice of 

proposed rulemaking (NPRM) on 

August 9, 2006 (71 FR 45454). The 

NPRM proposed to require you to install 

a modification kit on both crew seat 

back cylinder lock assemblies, which 

replaces the cylinder lock with a new 

model cylinder lock, or install a steel 

lock rod/bar on both crew seat back 

cylinder lock assemblies. The NPRM 

also proposed to require you to do an 

installation inspection on previously 

installed modification kits and correct 

any discrepancies found. 

Comments 

We provided the public the 

opportunity to participate in developing 

this AD. The following presents the 

comments received on the proposal and 

FAA’s response to each comment: 

Comment Issue No. 1: Need AD To 

Resolve Crew Seat Problem 

Michael A. Zaite states that having 

flown a number of Cessna airplanes, he 

has experienced this problem first hand 

and supports the AD. 

The Cessna Pilots Association (CPA) 

also supports the AD. The CPA states 


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one of two methods can permanently 

resolve the issue. Installing a solid bar 

thereby preventing any further aft 

movement of the seat back or installing 

Modification Kit MK172–25–10C are 

both acceptable solutions for the 

collapsing seat back issue. 

We agree with Mr. Zaite and the CPA. 

Both of these methods are allowable in 

the AD. We are not changing the final 

rule AD action. 

Comment Issue No. 2: Publish the 

Manufacturer Service Information 

Jack Buster with the Modification and 

Replacement Parts Association 

(MARPA) provides comments on the AD 

process pertaining to how the FAA 

addresses publishing manufacturer 

service information as part of a 

proposed AD action. The commenter 

states that the proposed rule attempts to 

require compliance with a public law by 

reference to a private writing (as 

referenced in paragraph (e) of the 

proposed AD). The commenter would 

like the FAA to incorporate by reference 

(IBR) the Cessna service bulletins. 

We agree with Mr. Buster. However, 

we do not IBR any document in a 

proposed AD action, instead we IBR the 

document in the final rule. Since we are 

issuing the proposal as a final rule AD 

action, Cessna Single Engine Service 

Bulletin SB04–25–01, Revision 4, dated 

December 26, 2006, Cessna Single 

Engine Service Bulletin SB04–25–02, 

Revision 1, dated October 17, 2005, and 

Cessna Single Engine Service Bulletin 

SB04–25–02, Revision 2, dated June 5, 

2006, are incorporated by reference. 

Comment Issue No. 3: Availability of 

IBR Documents in the Docket 

Management System (DMS) 

Mr. Buster requests IBR documents be 

made available to the public by 

publication in the Federal Register or in 

the DMS. 

We are currently reviewing issues 

surrounding the posting of service 

bulletins in the Department of 

Transportation’s DMS as part of the AD 

docket. Once we have thoroughly 

examined all aspects of this issue and 

have made a final determination, we 

will consider whether our current 

practice needs to be revised. 

Comment Issue No. 4: Could the Seats 

Be Installed on Other Cessna Model 

Airplanes 

The International Cessna 170 

Association states a concern that the 

affected seats may be installed on other 

airplanes. Many operators of Cessna 

airplanes find seats of later models 

desirable due to features subsequently 

added by manufacturers, i.e., recline/ 

height-adjustment/mechanisms. The 

commenter also states that these seats 

usually have similar, if not identical, 

attachment to floor tracks and airframes; 

therefore, the possibility exists for 

installing the seats from the same 

manufacturer on other models of 

airplanes. These models may include 

Cessna 170, 170A, and 170B airplanes. 

The commenter requests the 

applicability of the AD be specific to the 

crew seat model/part-number and not 

the airplane models. 

Although it may be possible to install 

these seats on other Cessna airplane 

models, we are not aware of any such 

installations. In addition, the 

modification to the seat rails and other 

airplane configuration changes that 

would be required to install these seats 

would make any installation unlikely. 

We will continue to monitor this 

situation and, if we receive information 

from owner/operators indicating these 

seats are being installed on other 

airplanes, we will consider additional 

rulemaking on this subject. 

We are not changing the final rule AD 

action based on this comment. 

Comment Issue No. 5: Incorporate 

Revised Service Information 

Cessna Aircraft Company states that 

reports of five additional seat back 

failures have been received since 

issuing Service Bulletin SB04–25–01, 

Revision 3, dated July 24, 2006. 

It was also determined that 

incorporating Modification Kit MK172–

25–10B on Models 206H and T206H 

airplanes equipped with an optional 

Keith Products, L.P. air conditioner 

system (installed in accordance with 

Supplemental Type Certificate 

SA10144SC) was impossible. 

Cessna has issued Revision 4 to 

Service Bulletin SB04–25–01, dated 

December 26, 2006, which incorporates 

Modification Kit MK172–25–10C to 

address this issue. 

We are changing the final rule AD 

action to incorporate Cessna Single 

Engine Service Bulletin SB04–25–01, 

Revision 4, dated December 26, 2006, 

which references Modification Kit 

MK172–25–10C. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD as proposed except for 

minor editorial corrections. We have 

determined that these minor 

corrections: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Costs of Compliance 

We estimate that this AD will affect 

4,039 airplanes in the U.S. registry. We 

provide below total fleet costs for both 

the modification and the steel lock rod/ 

bar installation; however, only one of 

these actions will be required. 

We estimate the following costs to do 

the installation of the modification kit: 

Labor cost Parts cost for both seats 

Total cost 

per airplane 

for both 

seats 

Total cost 

on U.S. 

operators 

3.5 work-hours × $80 per hour = $280 for each modification kit.$590 for each modification kit. One modification kit required for each airplane. Total parts cost for both 

seats is $590.

$870 $3,513,930 

We estimate the following costs to do 

the fabrication and installation of a steel 

lock rod/bar: 


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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 10051 

Labor cost Parts cost for both seats 

Total cost 

per airplane 

for both 

seats 

Total cost 

on U.S. 

operators 

1.5 work-hours × $80 per hour = $120 for each crew seat. Total labor cost for both 

seats is $240.

Not applicable ..................... $240 $969,360 

We estimate the following costs to do 

the installation inspection on airplanes 

that have Modification Kit MK172–25–

10A or MK172–25–10B installed: 

Labor cost Parts cost for both seats 

Total cost 

per airplane 

for both 

seats 

1 work-hour × $80 per hour = $80 for both crew seats ................................................................... Not applicable ........................... $80 

We have no method of determining 

the number of airplanes that may have 

Modification Kit MK172–25–10A or 

MK172–25–10B previously installed. 

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 AD. 

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 the 

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 summary of the costs 

to comply with this AD (and other 

information as included in the 

Regulatory Evaluation) and placed it in 

the AD Docket. You may get a copy of 

this summary by sending a request to us 

at the address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2006–25261; 

Directorate Identifier 2006-CE–38-AD’’

in your request. 

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 Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (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. FAA amends § 39.13 by adding a 

new AD to read as follows: 

2007–05–10 Cessna Aircraft Company: 

Amendment 39–14971; Docket No. 

FAA–2006–25261; Directorate Identifier 

2006–CE–38–AD. 

Effective Date 

(a) This AD becomes effective on April 11, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD affects the following airplane 

models and serial numbers that are 

certificated in any category: 

Model Serial Nos. 

172R ...... 17280001 through 17281262. 

172S ...... 172S8001 through 172S9994. 

182S ...... 18280001 through 18280944. 

182T ....... 18280945 through 18281701. 

T182T .... T18208001 through T18208453. 

206H ...... 20608001 through 20608250. 

T206H .... T20608001 through T20608570. 

Unsafe Condition 

(d) This AD results from reports of the 

crew seat back cylinder lock assembly failing 

at the aft end area and other cylinder lock 

assemblies found cracked. The actions 

specified in this AD are intended to prevent 

the crew seat cylinder lock assembly from 

bending, cracking, or failing. This failure 

could cause uncontrolled movement of the 

seat back, resulting in possible backward 

collapse during flight. Backward collapse of 

either crew seat back could result in an 

abrupt pitch-up if the affected crew member 

continues to hold on to the control yoke 

during this failure and could cause difficulty 

in exiting the airplane from an aft passenger 

seat after landing. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done: 

(1) Airplanes that do not have Modification 

Kit MK172–25–10A or Modification Kit 

MK172–25–10B installed: 


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Actions Compliance Procedures 

For each crew seat (pilot and copilot), install 

Modification Kit MK172–25–10C or fabricate 

and install a steel lock rod/bar.

For airplanes that have over 1,000 hours 

time-in-service (TIS) on the effective date of 

this AD: do the action within the next 4 

months after April 11, 2007 (the effective 

date of this AD).

For airplanes that have from 501 to 1,000 

hours TIS on the effective date of this AD: 

do the action within the next 8 months after 

April 11, 2007 (the effective date of this AD).

For airplanes that have from 0 to 500 hours 

TIS on the effective date of this AD: do the 

action within the next 12 months after April 

11, 2007 (the effective date of this AD).

Follow Cessna Single Engine Service Bulletin 

SB04–25–01, Revision 4, dated December 

26, 2006, for installing Modification Kit 

MK172–25–10C. Follow Cessna Single Engine Service Bulletin SB04–25–02, Revision 

1, dated October 17, 2005, or Revision 2, 

dated June 5, 2006, for fabricating and installing a steel lock rod/bar. 

(2) Airplanes that have Modification Kit 

MK172–25–10A or Modification Kit MK172–

25–10B installed: 

Action Compliance Procedures 

(i) For each crew seat (pilot and copilot), do an 

installation inspection.

Within the next 30 days after April 11, 2007 

(the effective date of this AD).

Follow Cessna Single Engine Service Bulletin 

SB04–25–01, Revision 4, dated December 

26, 2006. 

(ii) If you do not find any discrepancies during 

the inspection required in paragraph (e)(2)(i) 

of this AD, make a log book entry showing 

compliance with this AD and no further action 

is required.

Before further flight after the inspection required in paragraph (e)(2)(i) of this AD.Follow Cessna Single Engine Service Bulletin 

SB04–25–01, Revision 4, dated December 

26, 2006. 

(iii) If you find discrepancies during the inspection required in paragraph (e)(2)(i) of this AD, 

make all necessary corrective actions.

Before further flight after the inspection required in paragraph (e)(2)(i) of this AD.Follow Cessna Single Engine Service Bulletin 

SB04–25–01, Revision 4, dated December 

26, 2006. 

Note: Although not required for the 

airplanes affected by this AD, you may 

replace the steel lock rod/bar with 

Modification Kit MK172–25–10C. 

Alternative Methods of Compliance 

(AMOCs) 

(f) The Manager, Wichita Aircraft 

Certification Office, FAA, ATTN: Gary Park, 

Aerospace Engineer, 1801 Airport Road, MidContinent Airport, Wichita, Kansas 67209; 

telephone: (316) 946–4123; facsimile: (316) 

946–4107, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Material Incorporated by Reference 

(g) You must use Cessna Single Engine 

Service Bulletin SB04–25–01, Revision 4, 

dated December 26, 2006; and Cessna Single 

Engine Service Bulletin SB04–25–02, 

Revision 1, dated October 17, 2005, or 

Revision 2, dated June 5, 2006, to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Cessna Aircraft Company, 

Product Support, P.O. Box 7706, Wichita, KS 

67277; telephone: (316) 517–5800; fax: (316) 

942–9006. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Kansas City, Missouri 

64106; 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on 

February 26, 2007. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E7–3834 Filed 3–6–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26693 Directorate 

Identifier 2006–CE–90–AD; Amendment 39–

14970; AD 2007–05–09] 

RIN 2120–AA64 

Airworthiness Directives; REIMS 

AVIATION S.A. Model F406 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

This AD is issued following a nose landing 

gear collapse during takeoff roll. Several 

expertises proved that the locking device of 

the Nose Landing Gear (NLG) actuator rod 

was on several F406 airplanes not 

conforming with the installation approved by 

the manufacturer. 

There were two different landing gear 

actuator designs installed on the Model 

F406 airplanes (Teijin Seiki and 

Cessna). The actuators used different 

locking devices to retain the spherical 

rod-end to the actuator rod. Use of the 

incorrect locking device could allow the 

spherical rod-end to disconnect from 

the actuator rod. We are issuing this AD 

to require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective April 

11, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 11, 2007. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 


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