12066 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25739; Directorate 

Identifier 2006–CE–46–AD; Amendment 39–

14988; AD 2007–06–07] 

RIN 2120–AA64 

Airworthiness Directives; Raytheon 

Aircraft Company Models 58 and G58 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA adopts a new 

airworthiness directive (AD) for certain 

Raytheon Aircraft Company (RAC) 

Models 58 and G58 airplanes with 

optional propeller unfeathering 

accumulators installed. This AD 

requires you to inspect the left propeller 

accumulator oil tube assembly for any 

chafing; replace the propeller 

accumulator oil tube assembly if any 

chafing is found; and reposition and 

secure with clamps both the left engine 

manifold pressure hose and its metal 

identification tags to avoid contact with 

other tubes, hoses, electrical wires, 

parts, components, and structure. This 

AD results from several reports on the 

affected airplanes of chafing damage on 

the left propeller accumulator oil tube 

assembly. We are issuing this AD to 

detect, correct, and prevent any chafing 

damage of the left propeller accumulator 

oil tube assembly, which could result in 

loss of engine oil. Loss of engine oil may 

lead to fire or smoke in the engine 

compartment, inability to unfeather the 

propeller, engine damage, or loss of 

engine power. 

DATES: This AD becomes effective on 

April 19, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 19, 2007. 

ADDRESSES: To get the service 

information identified in this AD, 

contact Raytheon Aircraft Company, 

9709 E. Central, Wichita, Kansas 67201–

0085; telephone: (800) 429–5372 or 

(316) 676–3140. 

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–2006–25739; Directorate Identifier 

2006–CE–46–AD. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Pretz, Aerospace Engineer, Wichita 

Aircraft Certification Office, FAA, 1801 

Airport Road, Room 100, Wichita, 

Kansas 67209; telephone: (316) 946–

4153; fax: (316) 946–4407. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On October 10, 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 RAC Models 58 and G58 

airplanes with optional propeller 

unfeathering accumulators installed. 

This proposal was published in the 

Federal Register as a notice of proposed 

rulemaking (NPRM) on October 17, 2006 

(71 FR 60924). The NPRM proposed to 

require you to inspect the left propeller 

accumulator oil tube assembly for any 

chafing; replace the propeller 

accumulator oil tube assembly if any 

chafing is found; and reposition and 

secure with clamps both the left engine 

manifold pressure hose and its metal 

identification tags to avoid contact with 

other tubes, hoses, electrical wires, 

parts, components, and structure. 

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: Service Information 

and Derived ADs 

The Modification and Replacement of 

Parts Association (MARPA) states that 

frequently ADs are derived from service 

information originating with the type 

certificate holder or its suppliers. 

MARPA also states that manufacturer’s 

service documents are privately 

authored instruments generally enjoying 

copyright protection against duplication 

and distribution. MARPA contends that 

when a service document is 

incorporated by reference under 5 

U.S.C. 552(a) and 1 CFR part 51 into a 

public document such as an AD, it loses 

its private, protected status and becomes 

itself a public document. MARPA 

explains that if a service document is 

used as a mandatory element of 

compliance it should not simply be 

referenced, but should be incorporated 

into the regulatory document. MARPA 

states that public laws by definition 

must be public, which means they 

cannot rely for compliance upon private 

writings, especially when the writings 

originate in a foreign country. MARPA 

adds that the interpretation of a 

document is not a question of fact, but 

of law, bound by the figurative four 

corners of the document; therefore, 

unless the service document is 

incorporated by reference, a court of law 

will not consider it when interpreting 

the AD. MARPA is concerned that 

failure to incorporate-by-reference the 

relevant service information could 

result in a court decision invalidating 

the AD. 

MARPA advises that it was informed 

that service documents are usually not 

incorporated into NPRMs, but only into 

final actions. MARPA notes that there is 

no indication in the NPRM that the FAA 

intends to incorporate by reference the 

necessary service information; in 

addition, there is no indication of which 

service documents are mandatory and 

which are merely sources of additional 

service information; therefore, the 

reader is unsure of the FAA’s intent. 

MARPA asks that future proposed 

actions indicate the FAA intent by 

including the following, or a similar 

statement: ‘‘We intend to incorporate by 

reference the following publications.’’

MARPA also states that incorporation 

by reference service documents should 

be made available to the public by 

publication in the Docket Management 

System (DMS) keyed to the action that 

incorporates them. MARPA adds that, 

under the aforementioned authorities, 

incorporation by reference is a 

technique used to reduce the size of the 

Federal Register when the information 

is already available to the affected 

individuals. MARPA notes that, 

traditionally, ‘‘affected individuals’’ has 

meant aircraft owners and operators 

who are generally provided service 

information by the manufacturer. 

MARPA states that a new class of 

affected individuals has emerged since 

the majority of aircraft maintenance is 

now performed by specialty shops 

instead of aircraft owners and operators. 

MARPA adds that this new class 

includes maintenance and repair 

organizations (MRO), component 

servicing and repair shops, parts 

purveyors and distributors and 

organizations manufacturing or 

servicing alternatively certified parts 

under section 21.303 (‘‘Replacement 

and modification parts’’) of the Federal 

Aviation Regulations (14 CFR 21.303). 

Further, MARPA notes that the concept 

of brevity is now nearly archaic as 

documents exist more frequently in 

electronic format than on paper. 

Therefore, MARPA asks that the service 

documents deemed essential to the 

accomplishment of the NPRM be 

incorporated by reference into the 

regulatory instrument, and published in 

DMS prior to release of the AD. 

We understand MARPA’s comment 

concerning incorporation by reference. 


rmajette on PROD1PC67 with RULES
Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations 12067 

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 documents 

necessary for the accomplishment of the 

requirements mandated 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. 

The FAA does not concur with the 

commenter’s request to indicate in an 

NPRM our intent to incorporate service 

information by reference. When we 

propose that actions be accomplished in 

accordance with certain service 

information in an NPRM, the public 

may assume we intend to IBR that 

service information, as requested by the 

Office of the Federal Register. Service 

information that is cited in the proposed 

AD as a source of additional information 

is not presented as a requirement, and 

the public may assume we do not intend 

to IBR that service information. No 

change to this final rule is necessary in 

regard to the commenter’s request. 

In regard to MARPA’s request to post 

service bulletins on the Department of 

Transportation’s DMS, we are currently 

in the process of reviewing issues 

surrounding the posting of service 

bulletins on the DMS as part of an 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. No change 

to the final rule is necessary in response 

to this comment. 

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 affects 49 

airplanes in the U.S. registry. 

We estimate the following costs to do 

the inspection: 

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

1 work-hour × $80 per hour = $80 .............................................................................................. $5 $85 $4,165 

We estimate the following costs to do 

any necessary replacements that would 

be required based on the results of the 

inspection. We have no way of 

determining the number of airplanes 

that may need this replacement: 

Labor cost Parts cost Total cost per 

airplane 

1 work-hour × $80 per hour = $80 .......................................................................................................................... $39 $119 

RAC will provide warranty credit as 

specified in RAC Mandatory Service 

Bulletin No. SB 61–3806, issued: August 

2006. 

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–2006–25739; 

Directorate Identifier 2006–CE–46–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: 

2007–06–07 Raytheon Aircraft Company: 

Amendment 39–14988; Docket No. 

FAA–2006–25739; Directorate Identifier 

2006–CE–46–AD. 


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12068 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations 

Effective Date 

(a) This AD becomes effective on April 19, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Models 58 and G58 

airplanes, serial numbers TH–2097 through 

TH–2150, with optional propeller 

unfeathering accumulators installed, that are 

certificated in any category. 

Unsafe Condition 

(d) This AD results from several reports on 

the affected airplanes of chafing damage on 

the left propeller accumulator oil tube 

assembly. This includes an in-flight oil leak 

from the left engine on a Raytheon Aircraft 

Company Model G58 airplane. We are 

issuing this AD to detect, correct, and 

prevent any chafing damage of the left 

propeller accumulator oil tube assembly, 

which could result in loss of engine oil. Loss 

of engine oil may lead to fire or smoke in the 

engine compartment, inability to unfeather 

the propeller, engine damage, or loss of 

engine power. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) Inspect the left propeller accumulator oil 

tube assembly for chafing.

For airplanes that have not had a 100-hour 

time-in-service (TIS) inspection or the inspection following Raytheon Safety 

Communique ́ No. 271, dated May 2006: 

Within the next 25 hours TIS after April 19, 

2007 (the effective date of this AD). For airplanes that have had a 100-hour TIS inspection or the inspection following 

Raytheon Safety Communique ́ No. 271, 

dated May 2006: Within the next 50 hours 

TIS after April 19, 2007 (the effective date 

of this AD).

Follow Raytheon Aircraft Company Mandatory 

Service Bulletin No. SB 61–3806, issued: 

August 2006. 

(2) If any chafing is found in the inspection required by paragraph (e)(1) of this AD, replace 

the propeller accumulator oil tube assembly.

Before further flight after the inspection required by paragraph (e)(1) of this AD.Follow Raytheon Aircraft Company Mandatory 

Service Bulletin No. SB 61–3806, issued: 

August 2006. 

(3) Reposition and secure with clamps the left 

manifold pressure hose and its metal identification tags to ensure clearance between it 

and all tubes, hoses, electrical wires, parts, 

components, and structure.

Before further flight after the inspection or replacement required in paragraphs (e)(1) 

and (e)(2) of this AD.

Follow Raytheon Aircraft Company Mandatory 

Service Bulletin No. SB 61–3806, issued: 

August 2006. 

Material Incorporated by Reference 

(f) You must use Raytheon Aircraft 

Company Mandatory Service Bulletin No. SB 

61–3806, issued: August 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 Raytheon Aircraft Company, 

9709 E. Central, Wichita, Kansas 67201–

0085; telephone: (800) 429–5372 or (316) 

676–3140. 

(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 March 

7, 2007. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–4523 Filed 3–14–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–24369; Directorate 

Identifier 2006–NM–001–AD; Amendment 

39–14990; AD 2007–06–09] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, –700C, and –800 

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 certain Boeing Model 

737–600, –700, –700C, and –800 series 

airplanes. That AD currently requires 

replacing the point ‘‘D’’ splice fitting 

between windows number 1 and 2 with 

a new splice fitting; performing an eddy 

current inspection for cracking of the 

holes in the structure common to the 

new splice fitting, including doing any 

related investigative actions; and 

performing corrective actions if 

necessary. This new AD adds repetitive 

inspections for cracking of the skin just 

below each splice fitting, and related 

corrective actions if necessary. This AD 

results from full-scale fuselage fatigue 

testing on the splice fitting that failed 

prior to the design objective on Boeing 

Model 737–800 series airplanes, and a 

report of a cracked splice fitting on an 

operational airplane. We are issuing this 

AD to prevent cracking of the existing 

fitting, which may result in cracking 

through the skin and consequent 

decompression of the flight deck. 

DATES: This AD becomes effective April 

19, 2007. 

The incorporation by reference of 

Boeing Alert Service Bulletin 737–

53A1222, Revision 3, dated January 3, 

2007, as listed in the regulations, is 

approved by the Director of the Federal 

Register as of April 19, 2007. 

On December 21, 2005 (70 FR 72595, 

December 6, 2005), the Director of the 

Federal Register approved the 

incorporation by reference of Boeing 

Alert Service Bulletin 737–53A1222, 

Revision 2, dated October 20, 2005. 

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 Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 


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