[Federal Register: October 10, 2006 (Volume 71, Number 195)]
[Rules and Regulations]
[Page 59366-59368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc06-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25259; Directorate Identifier 2006-CE-36-AD;
Amendment 39-14783; AD 2006-20-13]
RIN 2120-AA64
Airworthiness Directives; Fuji Heavy Industries, Ltd. FA-200
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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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. We are issuing this AD to require actions that are
intended to address the unsafe condition described in the MCAI.
DATES: This AD becomes effective November 14, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 14,
2006.
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.
FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer,
Small Airplane Directorate, FAA, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 9, 2006 (71
FR 45449). That NPRM proposed to require creation of inspection holes,
corrosion inspection of the flange of the wing spar, repair of
corrosion if necessary, and removal of the sealing compound.
Comments
We gave the public the opportunity to participate in developing
this AD. We have considered the comments received.
Jack Buster with the Modification and Replacement Parts Association
(MARPA) provides comments on the MCAI 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
[[Page 59367]]
proposed AD). The commenter would like the FAA to incorporate by
reference (IBR) the Fuji service bulletin.
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, Fuji Heavy
Industries, Ltd. (FHI) Service Bulletin No. 200-015, dated February 28,
2006, is incorporated by reference.
Mr. Buster requests IBR documents be made available to the public
by publication in the Federal Register or in the Docket Management
System (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.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable in a U.S. court of
law. In making these changes, we do not intend to differ substantively
from the information provided in the MCAI and related service
information.
We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements, if
any, take precedence over the actions copied from the MCAI.
Costs of Compliance
We estimate that this AD will affect 3 products of U.S. registry.
We also estimate that it will take about 128 work-hours per product to
comply with this AD. The average labor rate is $80 per work-hour.
Required parts will cost about $100 per product. Where the service
information lists required parts costs that are covered under warranty,
we have assumed that there will be no charge for these parts. As we do
not control warranty coverage for affected parties, some parties may
incur costs higher than estimated here. Based on these figures, we
estimate the cost of this AD to the U.S. operators to be $31,020, or
$10,340 per product.
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 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 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
; or in person at the Docket Management Facility between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2006-20-13 Fuji Heavy Industries, Ltd.: Amendment 39-14783 Docket
No. FAA-2006-25259; Directorate Identifier 2006-CE-36-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective November
14, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all FA-200 series airplanes, certificated
in any U.S. category.
Reason
(d) The mandatory continuing airworthiness information (MCAI)
states that the aircraft manufacturer has identified field reports
indicating corrosion of the flanges of the main wing spars. If not
corrected, the corrosion could cause deterioration of wing strength.
The MCAI requires creation of inspection holes, corrosion inspection
of the flange of the wing spar, repair of corrosion if necessary and
removal of the sealing compound. You may obtain further information
by examining the MCAI in the docket.
Actions and Compliance
(e) Unless already done, do the following except as stated in
paragraph (f) below.
(1) Within 1 year after the effective date of this AD, carry out
creation of inspection holes, corrosion inspection of the flange of
the wing spar, repair of corrosion if necessary, and removal of the
sealing compound in accordance with Fuji Heavy Industries, Ltd.
(FHI) Service Bulletin (SB) No. 200-015, dated February 28, 2006.
(2) Repetitively inspect the flange of the wing spar for
corrosion at intervals not to exceed 5 years. Before further flight,
repair corrosion, if necessary, in accordance with the SB.
FAA AD Differences
(f) The SB calls out contacting Fuji Heavy Industries Ltd. for a
structural integrity evaluation if measured thickness exceeds
minimum allowable limits or if corrosion is
[[Page 59368]]
found on main spar flange in areas other than fuel tank bay. Per
paragraph (g)(2) of this AD, any corrective action in this aspect or
any other aspect per this AD must be FAA-approved before returning
the airplane to service.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, FAA, ATTN: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
(2) Return to Airworthiness: When complying with this AD,
perform FAA-approved corrective actions before returning the product
to an airworthy condition.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) This AD is related to Japan Civil Aviation Bureau AD TCD-
6832-2006, Date of Issue: April 10, 2006, which references Fuji
Heavy Industries Ltd. SB No. 200-015, dated February 28, 2006.
Material Incorporated by Reference
(i) You must use Fuji Heavy Industries Ltd. SB No. 200-015,
dated February 28, 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 Fuji
Heavy Industries, Ltd., AEROSPACE COMPANY, 1-11 YOUNAN 1 CHOME
UTSUNOMIYA TOCHIGI, JAPAN 320-8564; telephone: +81-28-684-7253;
facsimile: +81-28-684-7260.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, 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/[fxsp0
]federal-register/cfr/[fxsp0]ibr-locations.html.
Issued in Kansas City, Missouri, on September 27, 2006.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-16354 Filed 10-6-06; 8:45 am]
BILLING CODE 4910-13-P