Federal Aviation Administration (FAA), Department of Transportation (DOT).
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.
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.
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.Start Further Info
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.End Further Info End Preamble Start Supplemental Information
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.
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 Start Printed Page 59367proposed 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.
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.
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.Start List of Subjects
List of Subjects in 14 CFR Part 39End List of Subjects
Adoption of the AmendmentStart Amendment Part
Accordingly, under the authority delegated to me by the Administrator, the FAA amendsEnd Amendment Part Start Part
PART 39—AIRWORTHINESS DIRECTIVESEnd Part Start Amendment Part
1. The authority citation for part 39 continues to read as follows:End Amendment Part
2. The FAA amends § 39.13 by adding the following new AD:End Amendment Part
2006-20-13 Fuji Heavy Industries, Ltd.: Amendment 39-14783 Docket No. FAA-2006-25259; Directorate Identifier 2006-CE-36-AD.
(a) This airworthiness directive (AD) becomes effective November 14, 2006.
(c) This AD applies to all FA-200 series airplanes, certificated in any U.S. category.
(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 Start Printed Page 59368found 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.
(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.
(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/federal-register/cfr/ibr-locations.html.Start Signature
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