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Federal Register / Vol. 73, No.

43 / Tuesday, March 4, 2008 / Rules and Regulations 11529

DEPARTMENT OF TRANSPORTATION www.regulations.gov; or in person at the (referred to in the NPRM as related


Docket Management Facility between 9 information), states, ‘‘Within 12 months
Federal Aviation Administration a.m. and 5 p.m., Monday through from the effective date of this directive,
Friday, except Federal holidays. The AD unless already accomplished.’’
14 CFR Part 39 docket contains this AD, the regulatory We do not agree. A similar phrase is
[Docket No. FAA–2007–0215; Directorate evaluation, any comments received, and already in paragraph (e) of this AD.
Identifier 2007–NM–216–AD; Amendment other information. The address for the Paragraph (e) states, ‘‘You are
39–15407; AD 2008–05–13] Docket Office (telephone 800–647–5527) responsible for having the actions
is the Document Management Facility, required by this AD performed within
RIN 2120–AA64
U.S. Department of Transportation, the compliance times specified, unless
Airworthiness Directives; Bombardier Docket Operations, M–30, West the actions have already been done.’’
Model CL–600–2B19 (Regional Jet Building Ground Floor, Room W12–140, We have not changed the AD in this
Series 100 & 440) Airplanes 1200 New Jersey Avenue, SE., regard.
Washington, DC 20590.
AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Request To Allow Earlier Revisions of
Administration (FAA), Department of Wing Chan, Aerospace Engineer, Service Bulletin
Transportation (DOT). Systems and Flight Test Branch, ANE–
ACTION: Final rule. 172, FAA, New York Aircraft The commenter, Larry Nelson,
Certification Office, 1600 Stewart requests that Bombardier Service
SUMMARY: The FAA is superseding an Bulletin 601R–24–123, dated November
existing airworthiness directive (AD), Avenue, Suite 410, Westbury, New York
11590; telephone (516) 228–7311; fax 13, 2006; or Revision A, dated December
which applies to certain Bombardier 7, 2006; be considered acceptable for
Model CL–600–2B19 (Regional Jet (516) 794–5531.
compliance with the actions specified in
Series 100 & 440) airplanes. The existing SUPPLEMENTARY INFORMATION:
paragraph (h) of the NPRM. The
AD currently requires inspecting Discussion commenter states that the technical
contactors 1K4XD, 2K4XD, and K4XA to content in Bombardier Service Bulletin
determine the type of terminal base The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR 601R–24–123, Revision B, dated
plate, and applying sealant on the February 16, 2007 (referred to in the
terminal base plates if necessary. This part 39 to include an AD that
supersedes AD 2006–17–14, amendment NPRM as the appropriate source of
AD requires an inspection to determine
39–14735 (71 FR 49337, August 23, service information for doing the
if certain alternating current (AC)
2006). The existing AD applies to proposed actions) did not change.
service and utility bus contactors have
a terminal base plate made from non-G9 certain Bombardier Model CL–600– We do not agree. Bombardier Service
melamine material, and corrective 2B19 (Regional Jet Series 100 & 440) Bulletin 601R–24–123, Revision B,
actions if necessary; or re-identification airplanes. That NPRM was published in includes additional actions (i.e., a
of the mounting tray of the contactors; the Federal Register on November 21, general visual inspection, re-
as applicable. This AD also limits the 2007 (72 FR 65474). That NPRM identification, and applicable corrective
applicability of the existing AD. This proposed to require inspecting actions, as identified as Part C in the
AD results from incidents of short contactors 1K4XD, 2K4XD, and K4XA to service bulletin) beyond those in earlier
circuit failures of certain AC contactors determine the type of terminal base revisions of the service bulletin. Also,
located in the avionics bay. We are plate, and applying sealant on the Canadian airworthiness directive CF–
issuing this AD to prevent short circuit terminal base plates, if necessary. That 2006–17R1, which this AD parallels,
failures of certain AC contactors, which NPRM also proposed to require an refers to Revision B or later revisions of
could result in arcing and consequent inspection to determine if certain the service bulletin as the appropriate
smoke or fire. alternating current (AC) service and source of service information for doing
DATES: This AD becomes effective April utility bus contactors have a terminal the required actions. However, this AD
8, 2008. base plate made from non-G9 melamine does not refer to ‘‘or later revisions’’ of
The Director of the Federal Register material, and corrective actions if the service bulletin. Affected operators
approved the incorporation by reference necessary; or re-identification of the may request approval to use a later
of a certain publication listed in the AD mounting tray of the contactors; as revision of the referenced service
as of April 8, 2008. applicable. bulletin as an alternative method of
On August 9, 2006 (71 FR 45364, compliance, under the provisions of
August 9, 2006), the Director of the Comments
paragraph (j) of the AD. We have not
Federal Register approved the We gave the public the opportunity to changed the AD in this regard.
incorporation by reference of participate in developing this AD. We
Bombardier Service Bulletin 601R–24– considered the comment received from Conclusion
122, Revision A, dated July 13, 2006. one commenter.
We have carefully reviewed the
ADDRESSES: For service information
Request To Give Credit for Actions available data, including the comment
identified in this AD, contact Already Done that has been received, and determined
Bombardier, Inc., Canadair, Aerospace
The commenter, Larry Nelson, that air safety and the public interest
Group, P.O. Box 6087, Station Centre-
requests that the phrase ‘‘unless already require adopting the AD as proposed.
ville, Montreal, Quebec H3C 3G9,
Canada. accomplished’’ be added to paragraph Costs of Compliance
(h) of the NPRM after the compliance
Examining the AD Docket time. The commenter notes that The following table provides the
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You may examine the AD docket on Canadian airworthiness directive CF– estimated costs for U.S. operators to
the Internet at http:// 2006–17R1, dated May 30, 2007 comply with this AD.

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11530 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations

ESTIMATED COSTS
Number of
Average Cost per U.S.-reg-
Action Work hours labor rate Fleet cost
airplane istered
per hour airplanes

Inspection (required by AD 2006–17–14) ....... 3 .................. $80 $240 ............ 739 $177,360.
New actions (depending on the airplane con- 1 or 2 ........... 80 $80 or $160 739 Between $59,120 and $118,240.
figuration).

Authority for This Rulemaking Adoption of the Amendment (P/N) D–18ZZA, and the bus contactor K4XA,
P/N D–7GRZ, to determine which contactors
Title 49 of the United States Code ■ Accordingly, under the authority have an Ultem 2200 terminal base plate (i.e.,
specifies the FAA’s authority to issue delegated to me by the Administrator, the plate is made from a black molded
rules on aviation safety. Subtitle I, the FAA amends 14 CFR part 39 as thermal plastic material), and apply RTV
Section 106, describes the authority of follows: sealant to the terminal base plate, as
the FAA Administrator. Subtitle VII, applicable, by doing all the actions specified
Aviation Programs, describes in more PART 39—AIRWORTHINESS in the Accomplishment Instructions of
DIRECTIVES Bombardier Service Bulletin 601R–24–122,
detail the scope of the Agency’s
Revision A, dated July 13, 2006. Do all
authority. applicable applications of sealant before
■ 1. The authority citation for part 39
We are issuing this rulemaking under further flight.
continues to read as follows:
the authority described in Subtitle VII, Note 1: For the purposes of this AD, a
Part A, Subpart III, Section 44701, Authority: 49 U.S.C. 106(g), 40113, 44701.
general visual inspection is: ‘‘A visual
‘‘General requirements.’’ Under that § 39.13 [Amended] examination of an interior or exterior area,
section, Congress charges the FAA with installation, or assembly to detect obvious
■ 2. The Federal Aviation damage, failure, or irregularity. This level of
promoting safe flight of civil aircraft in
Administration (FAA) amends § 39.13 inspection is made from within touching
air commerce by prescribing regulations
by removing amendment 39–14735 (71 distance unless otherwise specified. A mirror
for practices, methods, and procedures
FR 49337, August 23, 2006) and adding may be necessary to ensure visual access to
the Administrator finds necessary for all surfaces in the inspection area. This level
the following new airworthiness
safety in air commerce. This regulation of inspection is made under normally
directive (AD):
is within the scope of that authority available lighting conditions such as
because it addresses an unsafe condition 2008–05–13 Bombardier, Inc. (Formerly daylight, hangar lighting, flashlight, or
that is likely to exist or develop on Canadair): Amendment 39–15407. droplight and may require removal or
Docket No. FAA–2007–0215; Directorate opening of access panels or doors. Stands,
products identified in this rulemaking
Identifier 2007–NM–216–AD. ladders, or platforms may be required to gain
action.
Effective Date proximity to the area being checked.’’
Regulatory Findings
(a) This AD becomes effective April 8, Previous Actions Accomplished According
We have determined that this AD will 2008. to Other Service Information
not have federalism implications under (g) Actions accomplished before September
Affected ADs
Executive Order 13132. This AD will 7, 2006, in accordance with Bombardier
not have a substantial direct effect on (b) This AD supersedes AD 2006–17–14.
Drawing Number K601R50180, dated June 2,
the States, on the relationship between Applicability 2006; or Bombardier Service Bulletin 601R–
the national government and the States, 24–122, dated June 27, 2006; are considered
(c) This AD applies to Bombardier Model
or on the distribution of power and acceptable for compliance with the actions
CL–600–2B19 (Regional Jet Series 100 and
specified in paragraph (f) of this AD.
responsibilities among the various 440) airplanes, certificated in any category;
levels of government. serial numbers 7003 through 7990 inclusive, NEW REQUIREMENTS OF THIS AD
For the reasons discussed above, I and 8000 through 8070 inclusive.
Inspection and Corrective Action
certify that this AD: Unsafe Condition (h) Within 12 months after the effective
(1) Is not a ‘‘significant regulatory
(d) This AD results from incidents of short date of this AD, do a general visual
action’’ under Executive Order 12866; circuit failures of certain alternating current inspection, re-identification, and corrective
(2) Is not a ‘‘significant rule’’ under (AC) contactors located in the avionics bay. actions, as applicable, by doing all the
DOT Regulatory Policies and Procedures We are issuing this AD to prevent short applicable actions specified in the
(44 FR 11034, February 26, 1979); and circuit failures of certain AC contactors, Accomplishment Instructions of Bombardier
(3) Will not have a significant which could result in arcing and consequent Service Bulletin 601R–24–123, Revision B,
economic impact, positive or negative, smoke or fire. dated February 16, 2007. Do the applicable
on a substantial number of small entities corrective action before further flight.
Compliance Accomplishment of these actions constitutes
under the criteria of the Regulatory terminating action for the requirements of
(e) You are responsible for having the
Flexibility Act. this AD.
actions required by this AD performed within
We prepared a regulatory evaluation the compliance times specified, unless the
of the estimated costs to comply with Parts Installation
actions have already been done.
this AD and placed it in the AD docket. (i) As of the effective date of this AD, no
See the ADDRESSES section for a location REQUIREMENTS OF AD 2006–17–14 person may install any AC contactor 1K4XD,
to examine the regulatory evaluation. 2K4XD, or K4XA, having a non-G9 melamine
Inspection and Corrective Action
terminal base plate, on any airplane.
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List of Subjects in 14 CFR Part 39 (f) Within 800 flight hours or four months
after September 7, 2006 (the effective date of Alternative Methods of Compliance
Air transportation, Aircraft, Aviation AD 2006–17–14), whichever occurs first: Do (AMOCs)
safety, Incorporation by reference, a general visual inspection of AC bus (j)(1) The Manager, New York Aircraft
Safety. contactors 1K4XD and 2K4XD, part number Certification Office, FAA, has the authority to

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Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations 11531

approve AMOCs for this AD, if requested in DEPARTMENT OF TRANSPORTATION A010, dated August 26, 2005; and
accordance with the procedures found in 14 EMBRAER Alert Service Bulletin 145–
CFR 39.19. Federal Aviation Administration 55–A036, Revision 01, dated September
(2) To request a different method of 5, 2005.
compliance or a different compliance time 14 CFR Part 39 ADDRESSES: For service information
for this AD, follow the procedures in 14 CFR identified in this AD, contact Empresa
[Docket No. FAA–2007–0338; Directorate
39.19. Before using any approved AMOC on Brasileira de Aeronautica S.A.
Identifier 2007–NM–139–AD; Amendment
any airplane to which the AMOC applies, (EMBRAER), P.O. Box 343—CEP 12.225,
39–15396; AD 2008–05–02]
notify your appropriate principal inspector
Sao Jose dos Campos—SP, Brazil.
(PI) in the FAA Flight Standards District RIN 2120–AA64
Office (FSDO), or lacking a PI, your local Examining the AD Docket
FSDO. Airworthiness Directives; Empresa
You may examine the AD docket on
Brasileira de Aeronautica S.A.
Related Information the Internet at http://
(EMBRAER) Model EMB–135BJ,
www.regulations.gov; or in person at the
(k) Canadian airworthiness directive CF– –135ER, –135KE, –135KL, –135LR,
2006–17R1, dated May 30, 2007, also
Docket Management Facility between 9
–145, –145ER, –145MR, –145LR,
addresses the subject of this AD. a.m. and 5 p.m., Monday through
–145XR, –145MP, and –145EP
Friday, except Federal holidays. The AD
Material Incorporated by Reference
Airplanes
docket contains this AD, the regulatory
(l) You must use Bombardier Service AGENCY: Federal Aviation evaluation, any comments received, and
Bulletin 601R–24–122, Revision A, dated Administration (FAA), Department of other information. The address for the
July 13, 2006; and Bombardier Service Transportation (DOT). Docket Office (telephone 800–647–5527)
Bulletin 601R–24–123, Revision B, dated ACTION: Final rule. is the Document Management Facility,
February 16, 2007, to do the actions required U.S. Department of Transportation,
by this AD, unless the AD specifies SUMMARY: The FAA is superseding an Docket Operations, M–30, West
otherwise. existing airworthiness directive (AD), Building Ground Floor, Room W12–140,
(1) The Director of the Federal Register which applies to all EMBRAER Model 1200 New Jersey Avenue, SE.,
approved the incorporation by reference of EMB–135BJ, –135ER, –135KE, –135KL, Washington, DC 20590.
Bombardier Service Bulletin 601R–24–123, –135LR, –145, –145ER, –145MR, FOR FURTHER INFORMATION CONTACT: Dan
Revision B, dated February 16, 2007, in –145LR, –145XR, –145MP, and –145EP Rodina, Aerospace Engineer,
accordance with 5 U.S.C. 552(a) and 1 CFR airplanes. That AD currently requires International Branch, ANM–116,
part 51. reviewing the airplane maintenance Transport Airplane Directorate, FAA,
(2) On August 9, 2006 (71 FR 45364, records for recent reports of vibration 1601 Lind Avenue, SW., Renton,
August 9, 2006), the Director of the Federal from the tail section or rudder pedals. Washington 98057–3356; telephone
Register approved the incorporation by The existing AD also currently requires (425) 227–2125; fax (425) 227–1149.
reference of Bombardier Service Bulletin repetitively inspecting the skin, SUPPLEMENTARY INFORMATION:
601R–24–122, Revision A, dated July 13, attachment fittings, and control rods of
2006. rudder II to detect cracking, loose parts, Discussion
(3) Contact Bombardier, Inc., Canadair, wear, or damage; and related The FAA issued a notice of proposed
Aerospace Group, P.O. Box 6087, Station investigative/corrective actions if rulemaking (NPRM) to amend 14 CFR
Centre-ville, Montreal, Quebec H3C 3G9, necessary. This new AD requires the part 39 to include an AD that
Canada, for a copy of this service existing repetitive inspection to be done supersedes AD 2005–25–04, amendment
information. You may review copies at the with new service information. This new 39–14397 (70 FR 72902, December 8,
FAA, Transport Airplane Directorate, 1601 AD also requires replacing the locking 2005). The existing AD applies to all
Lind Avenue, SW., Renton, Washington; or at tab washers on the control rods of the
the National Archives and Records
EMBRAER Model EMB–135BJ, –135ER,
rudder II and installing springs on the –135KE, –135KL, –135LR, –145,
Administration (NARA). For information on hinge assemblies of the rudder II, which
the availability of this material at NARA, call
–145ER, –145MR, –145LR, –145XR,
would terminate the repetitive –145MP, and –145EP airplanes. That
202–741–6030, or go to: http://
inspection requirements. This AD NPRM was published in the Federal
www.archives.gov/federal-register/cfr/ibr-
results from reports of rudder vibration Register on December 17, 2007 (72 FR
locations.html.
due to wear. We are issuing this AD to 71281). That NPRM proposed to
Issued in Renton, Washington, on February prevent failure of multiple hinge continue to require reviewing the
25, 2008. fittings, which could result in severe airplane maintenance records for recent
Ali Bahrami, vibration, and to prevent failure of the reports of vibration from the tail section
Manager, Transport Airplane Directorate, rudder control rods, which could result or rudder pedals. The NPRM also
Aircraft Certification Service. in jamming of the rudder II; and proposed to continue to require
[FR Doc. E8–3982 Filed 3–3–08; 8:45 am] possible structural failure and reduced repetitively inspecting the skin,
controllability of the airplane. attachment fittings, and control rods of
BILLING CODE 4910–13–P
DATES: This AD becomes effective April rudder II to detect cracking, loose parts,
8, 2008. wear, or damage; and related
The Director of the Federal Register investigative/corrective actions if
approved the incorporation by reference necessary. In addition to the existing
of certain publications listed in the AD requirements, the NPRM proposed to
as of April 8, 2008. require that the existing repetitive
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On December 23, 2005 (70 FR 72902, inspection be done with new service
December 8, 2005), the Director of the information. The NPRM also proposed
Federal Register approved the to require replacing the locking tab
incorporation by reference of EMBRAER washers on the control rods of the
Alert Service Bulletin 145LEG–55– rudder II and installing springs on the

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