Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations 3357 

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 FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2007–02–13 DORNIER LUFTFAHRT: 

Amendment 39–14900; Docket No. 

FAA–2006–26597; Directorate Identifier 

2006–CE–86–AD. 

Effective Date 

(a) This AD becomes effective on March 1, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to DORNIER 

LUFTFAHRT GmbH Model 228–212 

airplanes, all serial numbers, if Carbon Brake 

Assemblies with Part Number (P/N) 

5009850–1, 5009850–2, 5009850–3 or 

5009850–4 are installed, that are certificated 

in any category. 

Unsafe Condition 

(d) This AD is the result of loose bolts and 

nuts being detected on the landing gear 

carbon brake assembly during a maintenance 

inspection. We are issuing this AD to require 

an inspection to detect loose bolts and selflocking nuts on the landing gear carbon brake 

assembly, which, if not corrected, could 

result in the brake assembly detaching and 

malfunctioning, degrading brake 

performance, and potentially causing loss of 

control of the aircraft during landing or rollout. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done, before the 

next flight after the effective date of this AD: 

Inspect the landing gear carbon brake 

assembly in accordance with the instructions 

contained in DORNIER LUFTFAHRT GmbH 

Dornier 228 Alert Service Bulletin ASB–228–

265 dated November 17, 2006, and, if 

necessary, replace the affected brake 

assembly. 

Alternative Methods of Compliance 

(AMOCs) 

(f) The Manager, Standards Staff, FAA, 

ATTN: Karl Schletzbaum, Aerospace 

Engineer, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Related Information 

(g) This AD is related to EASA EAD No. 

2006–0352–E, dated November 24, 2006, 

which references Dornier Luftfahrt GmbH 

ASB–228–265, dated November 17, 2006. 

Material Incorporated by Reference 

(h) You must use DORNIER LUFTFAHRT 

GmbH Service Bulletin No. ASB–228–265, 

dated November 17, 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 RVAG Aerospace Services 

GmbH, Dornier 228 Customer Support, P.O. 

Box 1253, D–82231 Wessling, Federal 

Republic of Germany. 

(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 January 

12, 2007. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E7–900 Filed 1–24–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25518; Directorate 

Identifier 2006–NM–092–AD; Amendment 

39–14881; AD 2007–01–09] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–100B SUD, 747–200B, 747–

300, 747–400, 747–400D, and 747SP 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 747–100B SUD, 747–

200B, 747–300, 747–400, 747–400D, and 

747SP series airplanes. This AD requires 

repetitive inspections for cracking of the 

crease beam and adjacent intercostals, 

stringers, frames, and skin panels; and 

related investigative and corrective 

actions if cracking is found. This AD 

results from a report indicating that an 

operator discovered crease beam 

cracking on two Model 747 airplanes. 

We are issuing this AD to detect and 

correct cracking of the crease beam and 

adjacent structure, which could become 

large and result in in-flight 

depressurization and inability of the 

airframe structure to sustain flight loads. 

DATES: This AD becomes effective 

March 1, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of March 1, 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 Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for the service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: Ivan 

Li, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6437; 

fax (425) 917–6590. 

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 Boeing Model 747–100B SUD, 

747–200B, 747–300, 747–400, 747–

400D, and 747SP series airplanes. That 

NPRM was published in the Federal 

Register on August 8, 2006 (71 FR 

44933). That NPRM proposed to require 

repetitive inspections for cracking of the 

crease beam and adjacent intercostals, 

stringers, frames, and skin panels; and 

related investigative and corrective 

actions if cracking is found. 


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3358 Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. 

Clarification of Submission of 

Comments to This AD 

The Docket Management System has 

informed us that an error occurred in 

the assignment of the docket number 

provided for this AD. DMS docket 

number FAA–2006–22518 appeared in 

the published NPRM; in fact, the correct 

docket number is FAA–2006–25518. 

The number 22518 refers to docket 

NHTSA–2005–22518, which is a motor 

vehicle surface travel issue having 

nothing to do with any aircraft. In case 

this confusion had caused comments to 

NPRM 2006–NM–092–AD to be 

submitted either to the incorrect docket 

or to both dockets, we checked both 

dockets FAA–2006–25518 and NHTSA–

2005–22518 for comments applicable to 

this AD. We found one comment 

applicable to this AD in each docket. 

We determined that no other comments 

have been submitted regarding this AD 

and have considered the two comments 

received, both of which now correctly 

appear only in docket FAA–2006–

25518. 

Support for the NPRM 

Boeing states that it has reviewed the 

NPRM and concurs with the contents of 

the NPRM. 

Request for Posting of Service 

Information 

One commenter, the Modification and 

Replacement Parts Association 

(MARPA), requests that we revise our 

procedures for incorporation by 

reference (IBR) of service information in 

ADs. MARPA states, ‘‘This proposed 

action requires work be accomplished 

pursuant to certain OEM and/or 

manufacturer service documents. 

Typically airworthiness directives are 

based upon service information 

originating with the type certificate 

holder or its suppliers. Manufacturer 

service documents are privately 

authored instruments generally enjoying 

copyright protection against duplication 

and distribution. When a service 

document is incorporated by reference 

pursuant to 5 U.S.C. 552(a) and 1 CFR 

part 51 into a public document such as 

an airworthiness directive, it loses its 

private, protected status and becomes 

itself a public document. 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. Public laws by definition 

must be public which means they 

cannot rely for compliance upon private 

writings. Since the interpretation of a 

document is a question of law and not 

of fact, a service document not 

incorporated by reference will not be 

considered in a legal finding of the 

meaning of an airworthiness directive. 

We are therefore concerned that failure 

to incorporate essential service 

information could result in a court 

decision invalidating the airworthiness 

directive. 

‘‘Incorporated by reference service 

documents should be made available to 

the public by publication in the 

Document [sic]Management System 

(DMS) keyed to the action that 

incorporates them. The stated purpose 

of the incorporation by reference 

method of the Federal Register is 

brevity; to keep from expanding the 

Federal Register needlessly by 

publishing documents already in the 

hands of the affected individuals. 

Traditionally, ‘‘affected individuals’’

has meant aircraft owners and operators 

who are generally provided service 

information by the manufacturer. 

However, 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. 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 14 CFR 21.303 (PMA). Further, 

the concept of brevity is now nearly 

archaic as documents exist more 

frequently in electronic format than on 

paper. We therefore request that the 

service documents deemed essential to 

the accomplishment of this proposed 

action be (1) Incorporated by reference 

into the regulatory instrument, and (2) 

published in the DMS.’’

The FAA acknowledges these 

requests. 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 

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. 

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, including the comments 

received, and determined that air safety 

and the public interest require adopting 

the AD as proposed. 

Costs of Compliance 

There are about 615 airplanes of the 

affected design in the worldwide fleet. 

This AD affects about 65 airplanes of 

U.S. registry. The required detailed 

inspection takes about 8 work hours per 

airplane, per inspection cycle, at an 

average labor rate of $80 per work hour. 

Based on these figures, the estimated 

cost of this AD for U.S. operators is 

$41,600, or $640 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: 


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Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations 3359 

(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 adding the following new 

airworthiness directive (AD): 

2007–01–09 Boeing: Amendment 39–14881. 

Docket No. FAA–2006–25518; 

Directorate Identifier 2006–NM–092–AD. 

Effective Date 

(a) This AD becomes effective March 1, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 747–

100B SUD, 747–200B, 747–300, 747–400, 

747–400D, and 747SP series airplanes, 

certificated in any category; as identified in 

Boeing Alert Service Bulletin 747–53A2591, 

dated April 6, 2006. 

Unsafe Condition 

(d) This AD results from a report indicating 

that an operator discovered crease beam 

cracking on two Model 747 airplanes. We are 

issuing this AD to detect and correct cracking 

of the crease beam and adjacent structure, 

which could become large and result in inflight depressurization and inability of the 

airframe structure to sustain flight loads. 

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. 

Repetitive Detailed Inspections and Related 

Investigative and Corrective Actions 

(f) Perform a detailed inspection for 

cracking of the crease beam and adjacent 

intercostals, stringers, frames, and skin 

panels at the applicable initial and repetitive 

compliance times specified in Table 1 of 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 747–53A2591, dated 

April 6, 2006; except, where the alert service 

bulletin specifies an initial compliance time 

after the date on the alert service bulletin, 

this AD requires compliance within the 

specified compliance time after the effective 

date of this AD. Do all applicable related 

investigative and corrective actions before 

further flight if any cracking is found. Do all 

applicable actions in accordance with the 

Accomplishment Instructions of the alert 

service bulletin, except as provided by 

paragraphs (f)(1) and (f)(2) of this AD. 

(1) Where the alert service bulletin 

specifies to contact the manufacturer for 

instructions on how to repair certain 

conditions, before further flight, repair those 

conditions using a method approved in 

accordance with paragraph (g) of this AD. 

(2) Where the alert service bulletin 

specifies to report certain information to the 

manufacturer, this AD does not include that 

requirement. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), 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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(h) You must use Boeing Alert Service 

Bulletin 747–53A2591, dated April 6, 2006, 

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 this 

document in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. Contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207, 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/code_of_federal_regulations/

ibr_locations.html. 

Issued in Renton, Washington, on 

December 26, 2006. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–910 Filed 1–24–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–24691; Directorate 

Identifier 2006–NM–051–AD; Amendment 

39–14901; AD 2007–02–14] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

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

–900 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 737–600, –700, –700C, 

–800, and –900 series airplanes. This 

AD requires testing the electrical 

resistance of the bond between the 

bulkhead fitting for the fuel feed line 

and the front spar of the left and right 

wings, inspecting an adjacent bonding 

jumper to make sure it is installed 

correctly, and performing corrective and 

other specified actions as applicable. 

This AD results from fuel system 

reviews conducted by the manufacturer. 

We are issuing this AD to prevent arcing 

or sparking in the fuel tank in the event 

of a lightning strike, which could result 

in an uncontrolled fire or explosion. 

DATES: This AD becomes effective 

March 1, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of March 1, 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 Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for the service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Doug Pegors, Aerospace Engineer, 


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