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Federal Register / Vol. 72, No.

129 / Friday, July 6, 2007 / Rules and Regulations 36863

Applicability Diamond Aircraft Industries GmbH Aircraft approved the information collection
(c) This AD applies to Model DA 42 Airplane Flight Manual DA 42, Doc. requirements and has assigned OMB Control
airplanes, serial numbers (S/N) 42.004 and 7.01.05–E. Number 2120–0056.
up, certificated in any category. FAA AD Differences Related Information
Subject Note: This AD differs from the MCAI and/ (h) Refer to MCAI Austrian Civil Aviation
(d) Air Transport Association of America or service information as follows: Administration Austro Control GmbH AD
(ATA) Code 57: Wings. (1) The MCAI and service bulletin require No. A–2005–003, dated October 21, 2005;
the insertion of Diamond Aircraft Airplane Diamond Aircraft Industries GmbH
Reason Flight Manual Temporary Revision Mandatory Service Bulletin No. MSB–42–
(e) The mandatory continuing Performance Data DA 42 AFM TR–MÄM–42– 006/1, dated September 20, 2005; and
airworthiness information (MCAI) states: 111/a, dated September 20, 2005, Revision 3 Diamond Aircraft Temporary Revision
to the Airplane Flight Manual, or any future Performance Data DA 42 AFM TR–MÄM–42–
It has been determined that the surface
revision that incorporates the same 111/a, dated September 20, 2005, for related
roughness of the wing stub safety walks
information into the Diamond Aircraft information.
Series 300, gray color (equals sandpaper grid
40), installed during production on some Industries GmbH Aircraft Airplane Flight Material Incorporated by Reference
aeroplane S/Ns, adversely affects the aircraft Manual DA 42, Doc. 7.01.05–E, immediately
upon receipt. We consider immediately upon (i) You must use Diamond Aircraft
single engine climb performance. Industries GmbH Mandatory Service Bulletin
receipt as an urgent safety of flight
AFM published twin engine climb No. MSB–42–006/1, dated September 20,
compliance time, and we do not consider this
performance is not affected by this AD. 2005; and Diamond Aircraft Temporary
unsafe condition to be an urgent safety of
Actions and Compliance flight condition. Because we do not consider Revision Performance Data DA 42 AFM TR–
this unsafe condition to be an urgent safety MÄM–42–111/a, dated September 20, 2005,
(f) Unless already done, do the following to do the actions required by this AD, unless
actions: of flight condition, we issued this action
through the normal notice of proposed the AD specifies otherwise.
(1) For S/N 42.004 through 42.035, and (1) The Director of the Federal Register
42.037: Within 60 days after August 10, 2007 rulemaking (NPRM) AD process followed by
this final rule. The time of 60 days after approved the incorporation by reference of
(the effective date of this AD), do the this service information under 5 U.S.C.
following actions following Diamond Aircraft August 10, 2007 (the effective date of this
AD) is an adequate compliance for this AD 552(a) and 1 CFR part 51.
Industries GmbH Mandatory Service Bulletin (2) For service information identified in
No. MSB–42–006/1, dated September 20, action and met the FAA requirements of an
NPRM followed by a final rule. this AD, contact Diamond Aircraft Industries
2005: Inc., 1560 Crumlin Sideroad, London,
(i) Exchange the wing stub safety walks (2) Paragraphs A)i) and B)i) of the MCAI,
state to assure that AFM TR–MAM–42–103, Ontario, Canada N5V 1S2; telephone: (519)
following paragraph 1.8, Action 2 a) to b) of 457–4051; fax: (800) 934–3519.
Diamond Aircraft Industries GmbH distributed with DAI MSB42–005, is inserted
into AFM Doc. 7.01.05–E, rev. 2 or earlier (3) You may review copies at the FAA,
Mandatory Service Bulletin No. MSB–42–
revision. This AFM requirement was for an Central Region, Office of the Regional
006/1, dated September 20, 2005.
MCAI on which the United States did not Counsel, 901 Locust, Room 506, Kansas City,
(ii) Insert Diamond Aircraft Airplane Flight
take AD action. The action is no longer Missouri 64106; or at the National Archives
Manual Temporary Revision Performance
necessary when the actions in this AD are and Records Administration (NARA). For
Data DA 42 AFM TR–MÄM–42–111/a, dated
done. Therefore, the action is not being information on the availability of this
September 20, 2005, Revision 3 to the
mandated in the U.S. AD action. material at NARA, call 202–741–6030, or go
Airplane Flight Manual (AFM), or any future
(3) The MCAI references revision 2 of the to: http://www.archives.gov/federal-register/
revision that incorporates the same
AFM. The FAA AD references revision 3. cfr/ibr-locations.html.
information into the Diamond Aircraft
Industries GmbH Aircraft Airplane Flight Issued in Kansas City, Missouri, on June
Other FAA AD Provisions
Manual DA 42, Doc. 7.01.05–E. 21, 2007.
(2) For S/N 42.036, 42.038 through 42.064, (g) The following provisions also apply to
David R. Showers,
42.107, 42.109, 42.110, and 42.177: Within this AD:
(1) Alternative Methods of Compliance Acting Manager, Small Airplane Directorate,
60 days after August 10, 2007 (the effective
(AMOCs): The Manager, Standards Staff, Aircraft Certification Service.
date of this AD), insert Diamond Aircraft
Airplane Flight Manual Temporary Revision FAA, has the authority to approve AMOCs [FR Doc. E7–12500 Filed 7–5–07; 8:45 am]
Performance Data DA 42 AFM TR–MÄM–42– for this AD, if requested using the procedures BILLING CODE 4910–13–P
111/a, dated September 20, 2005, Revision 3 found in 14 CFR 39.19. Send information to
to the AFM, or any future revision that ATTN: Sarjapur Nagarajan, Aerospace
incorporates the same information into the Engineer, FAA, Small Airplane Directorate, DEPARTMENT OF TRANSPORTATION
Diamond Aircraft Industries GmbH Aircraft 901 Locust, Room 301, Kansas City, Missouri
Airplane Flight Manual DA 42, Doc. 64106; telephone: (816) 329–4145; fax: (816) Federal Aviation Administration
7.01.05–E. 329–4090. Before using any approved AMOC
(3) For S/N 42.004 and up: Within 60 days on any airplane to which the AMOC applies,
14 CFR Part 39
after August 10, 2007 (the effective date of notify your appropriate principal inspector
this AD), adhere to the following: (PI) in the FAA Flight Standards District [Docket No. FAA–2007–27212; Directorate
(i) No wing stub safety walks Series 300 Office (FSDO), or lacking a PI, your local Identifier 2007–CE–011–AD; Amendment
(equals sandpaper grid 40), gray color, part FSDO. 39–15121; AD 2007–13–17]
number (P/N) D60–1127–10–51 (no revision (2) Airworthy Product: For any requirement
letter attached) may be installed as a spare in this AD to obtain corrective actions from RIN 2120–AA64
part on the Model DA 42 airplane. Only a manufacturer or other source, use these
Diamond Aircraft Industries (DAI) GmbH actions if they are FAA-approved. Corrective Airworthiness Directives; Air Tractor,
released safety walk P/Ns with a surface actions are considered FAA-approved if they Inc. Models AT–602, AT–802, and AT–
roughness equal to or finer than sandpaper are approved by the State of Design Authority 802A Airplanes
grid 100 are approved for installation as (or their delegated agent). You are required
spare parts. to assure the product is airworthy before it AGENCY: Federal Aviation
(ii) Diamond Aircraft Airplane Flight is returned to service. Administration (FAA), DOT.
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Manual Temporary Revision Performance (3) Reporting Requirements: For any ACTION: Final rule.
Data DA 42 AFM TR–MÄM–42–111/a, dated reporting requirement in this AD, under the
September 20, 2005, Revision 3 to the AFM, provisions of the Paperwork Reduction Act SUMMARY: We are adopting a new
or any future revision that incorporates the (44 U.S.C. 3501 et.seq.), the Office of airworthiness directive (AD) that
same information, must remain part of Management and Budget (OMB) has supersedes AD 2006–22–08, which

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36864 Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Rules and Regulations

applies to all Air Tractor, Inc. (Air Reunion Place, Suite 650, San Antonio, Comment Issue No. 2: FAA Has
Tractor) Models AT–602, AT–802, and Texas 78216; telephone: (210) 308– Overstated the Consequences of Cracks
AT–802A airplanes. AD 2006–22–08 3365; facsimile: (210) 308–3370. in the Engine Mount
currently requires you to repetitively SUPPLEMENTARY INFORMATION:
inspect the engine mount for any cracks, Mr. Snow also states that the FAA
repair or replace any cracked engine Discussion overstates the events that would occur
mount, and report any cracks found to On March 8, 2007, we issued a should cracks found in service result in
the FAA. Since we issued AD 2006–22– proposal to amend part 39 of the Federal the engine mount tube separating from
08, the FAA has received reports of two Aviation Regulations (14 CFR part 39) to the engine mount ring. He also states
Model AT–802A airplanes with cracked include an AD that would apply to all that the engine mount ring would
engine mounts below the initial Air Tractor Models AT–602, AT–802, remain attached to the remaining tube
compliance time in AD 2006–22–08. and AT–802A airplanes. This proposal connections and prevent the engine
The FAA has determined that an initial was published in the Federal Register from separating from the airplane.
inspection is required when the airplane as a notice of proposed rulemaking The commenter did not provide any
reaches a total of 1,300 hours time-in- (NPRM) on March 15, 2007 (72 FR analysis or data to show that this
service (TIS) instead of 4,000 hours TIS 12131). The NPRM proposed to retain situation would not occur. Based on the
required by AD 2006–22–08. the actions of AD 2006–22–08 while FAA’s evaluation of the unsafe
Consequently, this AD retains the requiring the initial inspection at 1,300 condition, we believe there is potential
actions of AD 2006–22–08 while hours TIS. for the engine mount tube to separate
requiring the initial inspection when the Comments from the engine mount ring.
airplane reaches a total of 1,300 hours Without the data to show that the
TIS. We are issuing this AD to detect We provided the public the
engine mount ring would remain
and correct cracks in the engine mount, opportunity to participate in developing
attached to the remaining tube
which could result in failure of the this AD. The following presents the
connections, the FAA cannot change the
engine mount. Such failure could lead comments received on the proposal and
potential end result condition of the
to separation of the engine from the FAA’s response to each comment:
engine separating from the airplane.
airplane. Comment Issue No. 1: Installation of a We are not changing the final rule AD
DATES: This AD becomes effective on Welded Gusset Is Terminating Action action as a result of these comments.
August 10, 2007. for the Proposed Inspections
On August 10, 2007, the Director of Conclusion
Leland Snow, President of Air
the Federal Register approved the Tractor, Inc., believes that Snow We have carefully reviewed the
incorporation by reference of certain Engineering Co. Report Number 1727, available data and determined that air
publications listed in this AD. Revision A, dated April 12, 2007 safety and the public interest require
ADDRESSES: To get the service (referred to after this as Report 1727), adopting the AD as proposed except for
information identified in this AD, justifies terminating action for the minor editorial corrections. We have
contact Air Tractor, Inc., P.O. Box 485, proposed inspections. Mr. Snow states determined that these minor
Olney, Texas 76374; telephone: (940) that installation of a welded gusset corrections:
564–5616; facsimile: (940) 564–5612. following Snow Engineering Co. Service
To view the AD docket, go to U.S. • Are consistent with the intent that
Letter #253, dated December 12, 2005, was proposed in the NPRM for
Department of Transportation, Docket revised January 22, 2007, would
Operations, M–30, West Building correcting the unsafe condition; and
eliminate the need for such inspections.
Ground Floor, Room W12–140, 1200 Based on the information presented in • Do not add any additional burden
New Jersey Avenue, SE., Washington, Report 1727, the FAA finds that the upon the public than was already
DC 20590, or on the Internet at http:// installation of the welded gusset does proposed in the NPRM.
dms.dot.gov. The docket number is not fully address the unsafe condition Costs of Compliance
FAA–2007–27212; Directorate Identifier and cannot be considered as a
2007–CE–011–AD. terminating action for the repetitive We estimate that this AD affects 368
FOR FURTHER INFORMATION CONTACT: inspection. airplanes in the U.S. registry.
Andrew McAnaul, Aerospace Engineer, We are making no changes to the final We estimate the following costs to do
ASW–150 (c/o MIDO–43), 10100 rule AD action based on this comment. each required inspection:

Total cost on
Total cost per U.S. operators
Labor cost Parts cost airplane per for initial
inspection inspection

1.5 work-hours × $80 per hour = $120 ................................................ Not Applicable .............................. $120 $44,160

We have no way of determining the estimate the following costs to do the


number of airplanes that may need replacement:
replacement of the engine mount. We

Total cost per


Labor cost Parts cost airplane per
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replacement

81 work-hours × $80 per hour = $6,480 ......................................................................................................... $3,982 $10,462

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Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Rules and Regulations 36865

Authority for This Rulemaking 2. Is not a ‘‘significant rule’’ under the § 39.13 [Amended]
DOT Regulatory Policies and Procedures ■ 2. The FAA amends § 39.13 by
Title 49 of the United States Code
(44 FR 11034, February 26, 1979); and removing Airworthiness Directive (AD)
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I, 3. Will not have a significant 2006–22–08, Amendment 39–14805 (71
section 106 describes the authority of economic impact, positive or negative, FR 62910, October 27, 2006), and
the FAA Administrator. Subtitle VII, on a substantial number of small entities adding the following new AD:
Aviation Programs, describes in more under the criteria of the Regulatory 2007–13–17 Air Tractor, Inc.: Amendment
detail the scope of the agency’s Flexibility Act. 39–15121; Docket No. FAA–2007–27212;
authority. We prepared a summary of the costs Directorate Identifier 2007–CE–011–AD.
We are issuing this rulemaking under to comply with this AD (and other Effective Date
the authority described in subtitle VII, information as included in the (a) This AD becomes effective on August
part A, subpart III, section 44701, Regulatory Evaluation) and placed it in 10, 2007.
‘‘General requirements.’’ Under that the AD Docket. You may get a copy of
section, Congress charges the FAA with this summary by sending a request to us Affected ADs
promoting safe flight of civil aircraft in at the address listed under ADDRESSES. (b) This AD supersedes AD 2006–22–08,
air commerce by prescribing regulations Include ‘‘Docket No. FAA–2007–27212; Amendment 39–14805.
for practices, methods, and procedures Directorate Identifier 2007–CE–011– Applicability
the Administrator finds necessary for AD’’ in your request. (c) This AD affects all Models AT–602,
safety in air commerce. This regulation AT–802, and AT–802A airplanes, all serial
is within the scope of that authority List of Subjects in 14 CFR Part 39
numbers, that are certificated in any category.
because it addresses an unsafe condition Air transportation, Aircraft, Aviation
that is likely to exist or develop on Unsafe Condition
safety, Incorporation by reference,
products identified in this AD. (d) This AD results from reports of two
Safety. Model AT–802A airplanes with cracked
Regulatory Findings engine mounts (at 2,815 hours time-in-
Adoption of the Amendment
We have determined that this AD will service (TIS) and 1,900 hours TIS) below the
initial compliance time in AD 2006–22–08.
not have federalism implications under ■ Accordingly, under the authority
The FAA has determined that an initial
Executive Order 13132. This AD will delegated to me by the Administrator, inspection when the airplane reaches a total
not have a substantial direct effect on the Federal Aviation Administration of 1,300 hours TIS is required instead of
the States, on the relationship between amends part 39 of the Federal Aviation 4,000 hours TIS as required by AD 2006–22–
the national government and the States, Regulations (14 CFR part 39) as follows: 08. We are issuing this AD to detect and
or on the distribution of power and correct cracks in the engine mount, which
responsibilities among the various PART 39—AIRWORTHINESS could result in failure of the engine mount.
levels of government. DIRECTIVES Such failure could lead to separation of the
engine from the airplane.
For the reasons discussed above, I
certify that this AD: ■ 1. The authority citation for part 39 Compliance
1. Is not a ‘‘significant regulatory continues to read as follows:
(e) To address this problem, you must do
action’’ under Executive Order 12866; Authority: 49 U.S.C. 106(g), 40113, 44701. the following, unless already done:

Actions Compliance Procedures

(1) Visually inspect the engine mount for any Initially inspect when the airplane reaches a Follow Snow Engineering Co. Service Letter
cracks. total of 1,300 hours TIS or within the next #253, dated December 12, 2005, revised
100 hours TIS after August 10, 2007 (the January 22, 2007.
effective date of this AD), whichever occurs
later, unless already done. Thereafter, in-
spect repetitively at intervals not to exceed
300 hours TIS.
(2) If you find any crack damage, do the fol- Before further flight after any inspection re- For obtaining a repair scheme or replacement
lowing: quired by paragraph (e)(1) of this AD where procedure: Contact Air Tractor Inc., P.O.
(i) Obtain an FAA-approved repair scheme crack damage is found. If you repair the Box 485, Olney, Texas 76374; telephone:
or replacement procedure from the man- cracked engine mount, then continue to re- (940) 564–5616; facsimile: (940) 564–5612.
ufacturer; and inspect at intervals not to exceed 300 hours
(ii) Repair following the FAA-approved re- TIS, unless the repair scheme states dif-
pair scheme or replace the engine mount ferently. If you replace the engine mount,
with a new engine mount following the then initially inspect upon accumulating
replacement procedure. 1,300 hours TIS and repetitively at intervals
not to exceed 300 hours TIS.
(3) Report any cracks that you find to the FAA Within the next 30 days after you find the The Office of Management and Budget (OMB)
at the address specified in paragraph (f) of cracks or within the next 30 days after Au- approved the information collection require-
this AD. Include in your report: gust 10, 2007 (the effective date of this ments contained in this regulation under the
(i) Airplane serial number; AD), whichever occurs later. provisions of the Paperwork Reduction Act
(ii) Airplane hours TIS and engine mount of 1980 (44 U.S.C. 3501 et seq.) and as-
hours TIS; signed OMB Control Number 2120–0056.
(iii) Crack location(s) and size(s);
(iv) Corrective action taken; and
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(v) Point of contact name and telephone


number.

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36866 Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Rules and Regulations

Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION NPRM was published in the Federal
(AMOCs) Register on April 24, 2007 (72 FR
(f) The Manager, Fort Worth Airplane Federal Aviation Administration 20300). That NPRM proposed to correct
Certification Office, FAA, has the authority to an unsafe condition for the specified
approve AMOCs for this AD, if requested 14 CFR Part 39 products. The MCAI states that:
using the procedures found in 14 CFR 39.19. [Docket No. FAA–2007–27432 Directorate The aim of this Airworthiness Directive
Send information to ATTN: Andrew Identifier 2007–CE–017–AD; Amendment (AD) is to introduce a new life limit for
McAnaul, Aerospace Engineer, ASW–150 39–15122; AD 2007–13–18] engine and Nose Landing Gear (NLG) mounts
(c/o MIDO–43), 10100 Reunion Place, Suite installed on EADS SOCATA TB 9, TB 10 and
RIN 2120–AA64 TB 200 airplanes, as defined in the updated
650, San Antonio, Texas 78216; telephone:
(210) 308–3365; facsimile: (210) 308–3370. Airworthiness Limitations Section (ALS) of
Airworthiness Directives; SOCATA— the relevant Aircraft Maintenance Manuals
Before using any approved AMOC on any
Groupe Aerospatiale Models TB9, (AMM).
airplane to which the AMOC applies, notify
TB10, and TB200 Airplanes This AD requires introduction of the new
your appropriate principal inspector (PI) in
10,000 Flight Hour life limit for engine and
the FAA Flight Standards District Office AGENCY: Federal Aviation NLG mounts into the operator’s maintenance
(FSDO), or lacking a PI, your local FSDO. Administration (FAA), Department of program through the Revision 18 of the
(g) AMOCs approved for AD 2006–22–08 Transportation (DOT). AMM.
are not approved for this AD. ACTION: Final rule.
Comments
Related Information
SUMMARY: We are adopting a new We gave the public the opportunity to
(h) To get copies of the service information airworthiness directive (AD) for the participate in developing this AD. We
referenced in this AD, contact Air Tractor products listed above. This AD results received no comments on the NPRM or
Inc., P.O. Box 485, Olney, Texas 76374; from mandatory continuing
telephone: (940) 564–5616; facsimile: (940)
on the determination of the cost to the
airworthiness information (MCAI) public.
564–5612. To view the AD docket, go to U.S. issued by an aviation authority of
Department of Transportation, Docket another country to identify and correct Conclusion
Operations, M–30, West Building Ground an unsafe condition on an aviation
Floor, Room W12–140, 1200 New Jersey We reviewed the available data and
product. The MCAI describes the unsafe determined that air safety and the
Avenue, SE., Washington, DC 20590, or on condition as:
the Internet at http://dms.dot.gov. The docket public interest require adopting the AD
number is Docket No. FAA–2007–27212; The aim of the Airworthiness Directive as proposed.
Directorate Identifier 2007–CE–011–AD. (AD) is to introduce a new life limit for
engine and Nose Landing Gear (NLG) mounts Differences Between This AD and the
Material Incorporated by Reference installed on EADS SOCATA TB 9, TB 10 and MCAI or Service Information
TB 200 airplanes, as defined in the updated We have reviewed the MCAI and
(i) You must use Snow Engineering Co.
Airworthiness Limitations Section (ALS) of
Service Letter #253, dated December 12, the relevant Aircraft Maintenance Manuals
related service information and, in
2005, revised January 22, 2007, to do the (AMM). general, agree with their substance. But
actions required by this AD, unless the AD we might have found it necessary to use
specifies otherwise. We are issuing this AD to require different words from those in the MCAI
(1) The Director of the Federal Register actions to correct the unsafe condition to ensure the AD is clear for U.S.
approved the incorporation by reference of on these products. operators and is enforceable. In making
this service information under 5 U.S.C. DATES: This AD becomes effective these changes, we do not intend to differ
552(a) and 1 CFR part 51. August 10, 2007. substantively from the information
(2) For service information identified in On August 10, 2007, the Director of provided in the MCAI and related
this AD, contact Air Tractor Inc., P.O. Box the Federal Register approved the service information.
485, Olney, Texas 76374; telephone: (940) incorporation by reference of certain We might also have required different
564–5616; facsimile: (940) 564–5612. publications listed in this AD. actions in this AD from those in the
(3) You may review copies at the FAA, ADDRESSES: You may examine the AD MCAI in order to follow FAA policies.
Central Region, Office of the Regional docket on the Internet at http:// Any such differences are highlighted in
Counsel, 901 Locust, Kansas City, Missouri dms.dot.gov or in person at the Docket a NOTE within the AD.
64106; or at the National Archives and Management Facility, U.S. Department
Records Administration (NARA). For of Transportation, U.S. Department of Costs of Compliance
information on the availability of this Transportation, Docket Operations, M– We estimate that this AD will affect
material at NARA, call 202–741–6030, or go 30, West Building Ground Floor, Room 146 products of U.S. registry. We also
to: http://www.archives.gov/federal_register/ W12–140, 1200 New Jersey Avenue, SE., estimate that it will take about 0.5 work-
code_of_federal_regulations/ Washington, DC 20590. hours per product to comply with basic
ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: requirements of this AD. The average
Issued in Kansas City, Missouri, on June Albert Mercado, Aerospace Engineer, labor rate is $80 per work-hour.
22, 2007. FAA, Small Airplane Directorate, 901 Based on these figures, we estimate
Kim Smith, Locust, Room 301, Kansas City, the cost of this AD to the U.S. operators
Manager, Small Airplane Directorate, Aircraft Missouri 64106; telephone: (816) 329– to be $5,840 or $40 per product.
Certification Service. 4119; fax: (816) 329–4090.
Authority for This Rulemaking
[FR Doc. E7–12627 Filed 7–5–07; 8:45 am] SUPPLEMENTARY INFORMATION:
Title 49 of the United States Code
BILLING CODE 4910–13–P Discussion specifies the FAA’s authority to issue
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We issued a notice of proposed rules on aviation safety. Subtitle I,


rulemaking (NPRM) to amend 14 CFR section 106, describes the authority of
part 39 to include an AD that would the FAA Administrator. ‘‘Subtitle VII:
apply to the specified products. That Aviation Programs,’’ describes in more

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