3350 Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations 

method. If the groove depth exceeds 0.007 

inch, before further flight, replace the uplock 

assembly with a new or serviceable uplock 

assembly, P/N 46500–7 or –9, according to a 

method approved by either the Manager, 

New York ACO; or TCCA (or its delegated 

agent). Using Tasks 32–31–21–000–801 and 

32–31–21–400–801 of Chapter 32–31–21 of 

the Bombardier Q400 Dash 8 AMM, PSM 1–

84–2, is one approved method. 

(2) Do a general visual inspection of the 

uplock roller, P/N 46575–1, of the MLG 

uplock assembly to ensure that it rotates 

freely. If the uplock roller does not rotate 

freely, before further flight, replace the 

uplock roller with a new uplock roller, P/N 

46575–1, in accordance with Bombardier 

Temporary Revision (TR) 32–191 and 

Bombardier TR 32–192, both dated May 29, 

2006, both to Bombardier Q400 Dash 8 AMM. 

(j) When the information in Bombardier TR 

32–191 and Bombardier TR 32–192, both 

dated May 29, 2006, is included in the AMM, 

the AMM is approved as an acceptable 

method of compliance for the replacement 

specified in paragraph (i)(2) of this AD. 

Optional Terminating Action for AFM 

Revision, Repetitive Replacements, and 

Repetitive Inspections 

(k) Replacing the left and right MLG uplock 

assemblies having P/N 46500–3 or –5 with 

new or overhauled uplock assemblies having 

P/N 46500–7 or –9 according to a method 

approved by either the Manager, New York 

Aircraft Certification Office (ACO), FAA; or 

Transport Canada Civil Aviation (TCCA) (or 

its delegated agent); terminates the 

requirements of paragraphs (f), (g), (h), and (i) 

of this AD, as applicable. Using Tasks 32–31–

21–000–801 and 32–31–21–400–801 of 

Chapter 32–31–21 of Bombardier Q400 Dash 

8 Aircraft Maintenance Manual (AMM), PSM 

1–84–2, is one approved method. After the 

replacements have been done, the AFM 

limitation required by paragraph (f) of this 

AD may be removed from the AFM. 

Alternative Methods of Compliance (AMOCs) 

(l)(1) The Manager, New York ACO, 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 2002–08–05, are 

approved as AMOCs for the corresponding 

provisions of this AD. 

Related Information 

(m) Canadian airworthiness directive CF–

2002–13R2, dated May 19, 2005, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(n) You must use the service information 

listed in Table 1 of this AD to perform the 

actions that are required by this AD, unless 

the AD specifies otherwise. 

TABLE 1.—MATERIAL INCORPORATED BY REFERENCE

Service information Revision level Date 

Bombardier DHC–8 Alert Service Bulletin A84–32–15 .......................................................................... Original .................. February 4, 2002. 

Bombardier Temporary Revision 32–191 to the Bombardier Q400 Dash 8 Aircraft Maintenance 

Manual.

Original .................. May 29, 2006. 

Bombardier Temporary Revision 32–192 to the Bombardier Q400 Dash 8 Aircraft Maintenance 

Manual.

Original .................. May 29, 2006. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

Bombardier Temporary Revision 32–191, 

dated May 29, 2006, to the Bombardier Q400 

Dash 8 Aircraft Maintenance Manual; and 

Bombardier Temporary Revision 32–192, 

dated May 29, 2006, to the Bombardier Q400 

Dash 8 Aircraft Maintenance Manual; in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) On April 23, 2002 (67 FR 19101, April 

18, 2002), the Director of the Federal Register 

approved the incorporation by reference of 

Bombardier DHC–8 Alert Service Bulletin 

A84–32–15, dated February 4, 2002. 

(3) Contact Bombardier, Inc., Bombardier 

Regional Aircraft Division, 123 Garratt 

Boulevard, Downsview, Ontario M3K 1Y5, 

Canada, 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 January 

5, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–909 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–2006–25889; Directorate 

Identifier 2006–NM–168–AD; Amendment 

39–14902; AD 2007–02–15] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 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 

EMBRAER Model ERJ 170 airplanes. 

This AD requires replacement of certain 

electrical bonding clamps and attaching 

hardware with new or serviceable parts, 

as applicable, and other specified 

action. This AD results from failure of 

an electrical bonding clamp, used to 

attach the electrical bonding straps to 

the fuel system lines. We are issuing 

this AD to prevent loss of bonding 

protection in the interior of the fuel 

tanks or adjacent areas that, in 

combination with lightning strike, could 

result in a fuel tank explosion and 

consequent loss of the airplane. 

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 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 


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Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations 3351 

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 certain EMBRAER Model ERJ 

170 airplanes. That NPRM was 

published in the Federal Register on 

September 26, 2006 (71 FR 56062). That 

NPRM proposed to require replacement 

of certain electrical bonding clamps and 

attaching hardware with new or 

serviceable parts, as applicable, and 

other specified action. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request To Extend Compliance Time 

EMBRAER requests that we extend 

the compliance from 5,000 flight hours 

to 6,600 flight hours. EMBRAER states 

that 6,000 flight hours corresponds with 

a heavy maintenance visit, and that an 

additional 600 flight hours is needed for 

the logistics associated with such 

maintenance intervention. As 

justification, EMBRAER states that (1) 

There is a large number of bonding 

clamps to replace, (2) low levels of 

lightning currents were measured on the 

tank tubes during airplane certification 

testing, and (3) very conservative results 

were obtained during laboratory 

lightning tests of the tank tubes. 

We agree. Extending the compliance 

time to 6,600 flight hours will not 

adversely affect safety and will allow 

the replacement to be performed during 

regularly scheduled maintenance at a 

base where special equipment and 

trained maintenance personnel will be 

available if necessary. Further, we have 

coordinated with the Ageˆncia Nacional 

de Aviac ̧a ̃o Civil (ANAC), which is the 

airworthiness authority for Brazil, and 

ANAC agrees with extending the 

compliance time as proposed by the 

commenter. Therefore, we have revised 

paragraph (f) of this AD to specify a 

compliance time of 6,600 flight hours. 

Request To Publish Service Information 

The Modification and Replacement 

Parts Association (MARPA) states that, 

typically, ADs are based on service 

information originating with the type 

certificate holder or its suppliers. 

MARPA adds that manufacturer service 

documents are privately authored 

instruments generally having copyright 

protection against duplication and 

distribution. MARPA notes 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 adds 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; by 

definition, public laws must be public, 

which means they cannot rely upon 

private writings. MARPA adds that 

incorporated 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 notes that the stated purpose of 

the incorporation by reference method 

is brevity, to keep from expanding the 

Federal Register needlessly by 

publishing documents already in the 

hands of the affected individuals; 

traditionally, ‘‘affected individuals’’

means aircraft owners and operators, 

who are generally provided service 

information by the manufacturer. 

MARPA adds 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 notes that this new class 

includes maintenance and repair 

organizations, 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). 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. 

We understand MARPA’s comment 

concerning incorporation by reference. 

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 the commenter’s request 

to post service bulletins on DMS, we are 

currently in the process of reviewing 

issues surrounding the posting of 

service bulletins on 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 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 

This AD affects about 68 airplanes of 

U.S. registry. The required actions take 

about 1 work hour per airplane, at an 

average labor rate of $80 per work hour. 

Required parts cost about $41 per 

airplane. Based on these figures, the 

estimated cost of the AD for U.S. 

operators is $8,228, or $121 per 

airplane. 

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 


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3352 Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Rules and Regulations 

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 adding the following new 

airworthiness directive (AD): 

2007–02–15 Empresa Brasileira De 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14902. Docket No. 

FAA–2006–25889; Directorate Identifier 

2006–NM–168–AD. 

Effective Date 

(a) This AD becomes effective March 1, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

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

–100 SU airplanes, certificated in any 

category; serial numbers 17000007, 

17000033, 17000034, 17000036 through 

17000046 inclusive, and 17000050 through 

17000067 inclusive. 

Unsafe Condition 

(d) This AD results from failure of an 

electrical bonding clamp, used to attach the 

electrical bonding straps to the fuel system 

lines. We are issuing this AD to prevent loss 

of bonding protection in the interior of the 

fuel tanks or adjacent areas that, in 

combination with lightning strike, could 

result in a fuel tank explosion and 

consequent loss of 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. 

Replacement 

(f) Within 6,600 flight hours after the 

effective date of this AD: Replace all 

electrical bonding clamps having part 

number AN735D4 or AN735D6 with new 

clamps and replace the attaching hardware 

with new or serviceable attaching hardware, 

and do the other specified action, by 

accomplishing all of the actions specified in 

the Accomplishment Instructions of 

EMBRAER Service Bulletin 170–28–0009, 

Revision 01, dated February 23, 2006. The 

other specified action must be done before 

further flight. 

Credit for Previous Service Bulletin 

(g) Actions done before the effective date 

of this AD in accordance with EMBRAER 

Service Bulletin 170–28–0009, dated 

December 30, 2005, are acceptable for 

compliance with the requirements of 

paragraph (f) of this AD. 

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 directive 2006–

06–03, effective July 7, 2006, also addresses 

the subject of this AD. 

Material Incorporated by Reference 

(j) You must use EMBRAER Service 

Bulletin 170–28–0009, Revision 01, dated 

February 23, 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 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 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 January 

11, 2007. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E7–899 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–2006–25328; Directorate 

Identifier 2006–NM–130–AD; Amendment 

39–14880; AD 2007–01–08] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400 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 

Bombardier Model DHC–8–400 series 

airplanes. This AD requires inspecting 

for fouling and chafing damage of the 

outboard brake control cable of the main 

landing gear, replacing the control cable 

if necessary, reworking the control cable 

cover, and, if applicable, 

manufacturing/installing an offset plate 

on the control cable cover. This AD 

results from a review of brake control 

cable operation conducted by the 

manufacturer. We are issuing this AD to 

prevent abrasion and wear of the 

outboard brake control cable, which 

could lead to cable separation and 

reduced control of airplane braking. 

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. 


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