3708 Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Rules and Regulations 

(2) For service information identified in 

this AD, contact Turbomeca, 40220 Tarnos, 

France; telephone 33 05 59 74 40 00, fax 33 

05 59 74 45 15. 

(3) You may review copies 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 Burlington, Massachusetts, on 

January 19, 2007. 

Robert G. Mann, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E7–1082 Filed 1–25–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25966; Directorate 

Identifier 2006–NM–149–AD; Amendment 

39–14909; AD 2007–02–22] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A310 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 

Airbus Model A310 airplanes. This AD 

requires doing repetitive inspections for 

any missing, damaged, or incorrectly 

installed wiper rings in the splined 

couplings of the flap transmission 

shafts; inspections for any missing, 

damaged, or incorrectly installed rubber 

gaiters and straps on the sliding bearing/ 

plunging joints of the flap transmission; 

and corrective action if necessary. This 

AD results from reviews in which the 

manufacturer determined that the 

splined couplings and sliding bearings 

of the flap transmission system could be 

affected by corrosion and wear. We are 

issuing this AD to detect and correct 

damaged, missing, or incorrectly 

installed components of the flap 

transmission system, which could result 

in reduced functional integrity of the 

flap transmission system and 

consequent reduced control of the 

airplane. 

DATES: This AD becomes effective 

March 2, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of March 2, 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 Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, 

for service information identified in this 

AD. 

FOR FURTHER INFORMATION CONTACT: Tom 

Stafford, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–1622; 

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 Airbus Model A310 

airplanes. That NPRM was published in 

the Federal Register on October 3, 2006 

(71 FR 58320). That NPRM proposed to 

require doing repetitive inspections for 

any missing, damaged, or incorrectly 

installed wiper rings in the splined 

couplings of the flap transmissions 

shafts; inspections for any missing, 

damaged, or incorrectly installed rubber 

gaiters and straps on the sliding bearing/ 

plunging joints of the flap transmission; 

and corrective action if necessary. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request To Revise Inspection Type 

Airbus requests that the type of 

inspection specified in paragraph (f) of 

the NPRM be revised from general 

visual inspection to detailed inspection. 

The commenter states that calling the 

inspection a detailed inspection would 

be more relevant because cleaning of the 

work area is specified in the service 

bulletin referenced in paragraph (f) of 

the NPRM. 

We agree with the commenter. We 

have revised this final rule to clarify 

that our intent is to require a detailed 

inspection. Additionally, we have 

added a note to the final rule to define 

that inspection. 

Request To Incorporate Service 

Information 

The Modification and Replacement of 

Parts Association (MARPA) states that 

typically airworthiness directives are 

based on 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 

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. 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. MARPA is concerned that 

failure to incorporate essential service 

information could result in a court 

decision invalidating the airworthiness 

directive. 

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 explains 

that 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. MARPA notes that 

traditionally, ‘‘affected individuals’’ has 

meant aircraft owners and operators 

who are generally provided service 

information by the manufacturer. 

However, 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 states 

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 

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Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Rules and Regulations 3709 

and modification parts’’) of the Federal 

Aviation Regulations (14 CFR 21.303). 

Further, MARPA states that the concept 

of brevity is now nearly archaic as 

documents exist more frequently in 

electronic format than on paper. 

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 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 with the changes described 

previously. We have determined that 

these changes will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this AD. 

ESTIMATED COSTS

Action Work 

hours 

Average 

labor rate 

per hour 

Cost per 

airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection, per inspection cycle ....................... 3 $80 $240 63 $15,120, 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. 

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): 

2007–02–22 Airbus: Amendment 39–14909. 

FAA–2006–25966; Directorate Identifier 

2006–NM–149–AD. 

Effective Date 

(a) This AD becomes effective March 2, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Airbus Model 

A310 airplanes, certificated in any category. 

Unsafe Condition 

(d) This AD results from reviews in which 

the manufacturer determined that the splined 

couplings and sliding bearings of the flap 

transmission system could be affected by 

corrosion and wear. We are issuing this AD 

to detect and correct damaged, missing, or 

incorrectly installed components of the flap 

transmission system, which could result in 

reduced functional integrity of the flap 

transmission system and consequent reduced 

control 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. 

Initial and Repetitive Inspections 

(f) Within 2,500 flight cycles after the 

effective date of this AD: Do a detailed 

inspection for any missing, damaged, or 

incorrectly installed wiper rings in the 

splined couplings of the flap transmission 

shafts; and a detailed inspection for any 

missing, damaged, or incorrectly installed 

rubber gaiters and straps on the sliding 

bearing/plunging joints of the flap 

transmission; in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A310–27–2099, dated 

February 17, 2006. Repeat the inspections 

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3710 Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Rules and Regulations 

thereafter at intervals not to exceed 2,500 

flight cycles. 

Note 1: 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.’’

Corrective Actions 

(g) If any damaged, missing or incorrectly 

installed wiper rings, rubber gaiters, or straps 

are found during any inspection required by 

paragraph (f) of this AD: Within 400 flight 

cycles after accomplishing the inspection, 

replace the applicable component with a 

serviceable component in accordance with 

the Accomplishment Instructions of Airbus 

Service Bulletin A310–27–2099, dated 

February 17, 2006. 

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) The European Aviation Safety Agency’s 

airworthiness directive 2006–0111, dated 

May 12, 2006, also addresses the subject of 

this AD. 

Material Incorporated by Reference 

(j) You must use Airbus Service Bulletin 

A310–27–2099, dated February 17, 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 Airbus, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France, 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 

16, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–1080 Filed 1–25–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25219; Directorate 

Identifier 2005–NM–259–AD; Amendment 

39–14907; AD 2007–02–20] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F27 Mark 050 and F.28 Mark 

0070 and 0100 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 

Fokker Model F27 Mark 050 and F.28 

Mark 0070 and 0100 airplanes. This AD 

requires repetitively removing the two 

existing escape rope assemblies in the 

flight compartment and installing new 

escape rope assemblies. This AD results 

from reports of findings of small cracks 

in the polyester assembly block in 

which the cotton escape rope is stored. 

A test revealed that the escape ropes 

had deteriorated over time, and the load 

capability was considerably reduced. 

We are issuing this AD to ensure that 

flightcrew members safely reach the 

ground after exiting the flight 

compartment window during an 

emergency evacuation. 

DATES: This AD becomes effective 

March 2, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of March 2, 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 Fokker Services B.V., P.O. 

Box 231, 2150 AE Nieuw-Vennep, the 

Netherlands, for service information 

identified in this AD. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–1137; 

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 Fokker Model F27 Mark 

050 and Model F.28 Mark 0070 and 

0100 airplanes. That NPRM was 

published in the Federal Register on 

June 30, 2006 (71 FR 37510). That 

NPRM proposed to require repetitively 

removing the two existing escape rope 

assemblies in the flight compartment 

and installing new escape rope 

assemblies. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request To Change Incorporation of 

Certain Service Information 

The Modification and Replacement 

Parts Association (MARPA) states that, 

typically, airworthiness directives 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 

airworthiness directive, 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 

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