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Code · REGISTER · 2008-03-12 · PROPOSED RULES · Agency Agency for Healthcare Research and Quality NOTICES Meetings: National Advisory Council for Healthcare Research and Quality, 13239 E8-4680 Agriculture Agriculture Department See Rural Housing Se · Unknown

Unknown. Direct final rule; withdrawal

54,512 words·~248 min read·/register/2008/03/12/08-996

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2008-03-12.xml --- 73 49 Wednesday, March 12, 2008 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: National Advisory Council for Healthcare Research and Quality, 13239 E8-4680 Agriculture Agriculture Department See Rural Housing Service Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 13207-13208 08-1016 08-1021 Centers Centers for Disease Control and Prevention NOTICES Meetings:
Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 13239 08-1013 National Center for Injury Prevention and Control/ Initial Review Group, 13239-13240 E8-4945 National Institute for Occupational Safety and Health Education and Research Center, Program Announcement for Research, 13240 E8-4906 Coast Guard Coast Guard RULES Anchorage Regulations: Yarmouth, Maine, Casco Bay, 13125-13126 E8-4821 Drawbridge Operation Regulations: Connecticut River, Old Lyme, CT, 13127 E8-4926 Gulf Intracoastal Waterway, mile 49.8, near Houma, Lafourche Parish, LA, 13128-13129 E8-4943 Niantic River, Niantic, CT, 13128 E8-4937 Potomac River, between Maryland and Virginia, 13127-13128 E8-4932 Security Zone:
Waters Surrounding U.S. Forces Vessel SBX-1, HI, 13129-13131 E8-4946 PROPOSED RULES Drawbridge Operation Regulations: Gulf Intracoastal Waterway, mile 49.8, near Houma, Lafourche Parish, LA, 13160-13163 E8-4940 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Defense Department See Navy Department Education Education Department NOTICES Applications for new awards for fiscal year
(FY)2008: Migrant Education Program
(MEP)Consortium Incentive Grants Program, 13215-13217 E8-4961 Migrant Education Program Consortium Incentive Grant Program, 13217-13219 E8-4960 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 13219 08-1024 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: State Energy Advisory Board, 13219 E8-4886 State Energy Advisory Board; Teleconference, 13219-13220 E8-4887 EPA Environmental Protection Agency RULES Control of Hazardous Air Pollutants From Mobile Sources: Early Credit Technology Requirement Revision, 13132-13136 E8-4917 Final Authorization of State Hazardous Waste Management Program Revisions: Colorado, 13141-13144 E8-4978 Spiromesifen; Pesticide Tolerance, 13136-13141 E8-4920 PROPOSED RULES Control of Hazardous Air Pollutants From Mobile Sources: Early Credit Technology Requirement Revision, 13163-13167 E8-4915 Final Authorization of State Hazardous Waste Management Program Revisions: Colorado, 13167 E8-4977 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13222-13224 E8-4997 Ambient Air Monitoring Reference and Equivalent Methods: Designation of One New Equivalent Method, 13224-13225 E8-4905 Filing of Pesticide Petitions for Residues of Pesticide Chemicals in or on Various Commodities, 13225-13228 E8-4967 Meetings: Association of American Pesticide Control Officials/State FIFRA Issues Research and Evaluation Group Working Committee, etc., 13228-13229 E8-4968 Public Water System Supervision Program Variance and Exemption Review for the State of North Dakota, 13229 E8-4907 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 13229-13230 08-1023 FAA Federal Aviation Administration RULES Airworthiness Directives: Airbus Model A300 and A300-600 Series Airplanes, 13078-13081 E8-4480 Airbus Model A318, A319, A320, and A321 Airplanes, 13084-13087 E8-3989 Airbus Model A330-200, A330-300, A340 200, and A340 300 Series Airplanes, 13093-13096 E8-4488 Airbus Model A330-200 Airplanes etc., 13103-13106 E8-4671 BAE Systems (Operations) Limited Model BAe 146 100A Airplanes etc., 13106-13109 E8-4673 Boeing Model 737-200 Series Airplanes, 13109-13111 E8-4674 Boeing Model 737 600, 700, 700C, 800 and -900 Series Airplanes; and Model 757 200, 200PF, 200CB, and 300 Series Airplanes, 13081-13084 E8-4486 Boeing Model 767 Airplanes, 13111-13113 E8-4677 Bombardier Model CL 600 2B19 (Regional Jet Series 100 & 440) Airplanes, 13100-13103, 13120-13122 E8-4501 E8-4644 Bombardier Model CL 600 2C10 (Regional Jet Series 700, 701, and 702), et al. Airplanes, 13098-13100 E8-4494 British Aerospace Regional Aircraft Model HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream Series 3101, and Jetstream Model 3201 Airplanes, 13115-13117 E8-4647 Eurocopter France Model EC130 B4 Helicopters, 13075-13078 E8-4462 E8-4464 Fokker Model F27 Mark 050, 200, 300, 400, 500, 600, and 700 Airplanes, 13071-13075 E8-4328 Lindstrand Balloons Ltd. Models 42A, 56A, 77A, 105A, 150A, 210A, 260A, 60A, 69A, 90A, 120A, 180A, 240A, and 310A Balloons, 13113-13115 E8-4759 MD Helicopters, Inc. Model 600N Helicopters, 13096-13098 E8-4489 Saab Model SAAB SF340A and SAAB 340B (Including Variant 340B (WT)) Series Airplanes, 13117-13120 E8-4660 Sierra Hotel Aero, Inc. Models Navion etc., 13087-13093 E8-4267 Modification of Class E Airspace; Tucson AZ, 13122-13123 08-996 PROPOSED RULES Airworthiness Directives: Cirrus Design Corporation Model SR20 Airplanes, 13157-13159 E8-4864 Proposed Revocation of Area Navigation Jet Routes J-889R and J-996R: Alaska, 13159-13160 E8-4929 FCC Federal Communications Commission RULES Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, etc., 13144-13150 E8-4976 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13230-13234 E8-4953 E8-4958 E8-4963 E8-4964 FDIC Federal Deposit Insurance Corporation NOTICES Meeting; Sunshine Act, 13234 E8-4970 E8-4971 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: National Fire Academy Board of Visitors, 13244 E8-4894 Federal Energy Federal Energy Regulatory Commission NOTICES Compliance Filing: North American Electric Reliability Corp., 13220 E8-4843 Filing: Cottonwood Energy Company, LP, et al., 13220 E8-4844 Duke Energy Ohio, Inc, 13221 E8-4847 Florida Power & Light Company, 13221 E8-4845 PJM Interconnection, L.L.C. and Virginia Electric and Power Co. et al., 13221-13222 E8-4846 Request Under Blanket Authorization: Trunkline Gas Company, LLC, 13222 E8-4848 Federal Highway Federal Highway Administration RULES Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites, 13368-13401 E8-4596 NOTICES Environmental Impact Statement: Rockingham and Hillsborough Counties, NH, 13272-13273 08-979 Wayne County, MI, 13273-13274 E8-4751 FMC Federal Maritime Commission NOTICES Agreements Filed, 13234 E8-4911 Ocean Transportation Intermediary License Applicants, 13235 E8-4916 Ocean Transportation Intermediary License Reissuances, 13235-13237 E8-4912 E8-4919 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications; Diabetes, 13274-13276 E8-4950 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 13237 E8-4874 Federal Transit Federal Transit Administration RULES Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites, 13368-13401 E8-4596 Food Food and Drug Administration RULES Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements; Technical Amendment, 13123-13124 E8-4870 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13240-13242 E8-4903 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Designation of a Class of Employees for Addition to the Special Exposure Cohort, 13237-13238 E8-4865 E8-4866 E8-4867 Meetings: National Biodefense Science Board; Teleconference, 13238 E8-4947 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S. Citizenship and Immigration Services IRS Internal Revenue Service RULES Abandonment of Stock or Other Securities, 13124-13125 E8-4862 NOTICES Privacy Act; Systems of Records, 13284-13366 E8-4430 International International Trade Administration NOTICES Meetings: Presidents Export Council, 13208 E8-4893 Pasta from Italy: Extension of Time Limits for the Preliminary Results of Eleventh Antidumping Duty Administrative Review, 13208-13209 E8-4921 International International Trade Commission NOTICES Certain Vegetables and Grape Juice: Probable Economic Effect of Accelerated Tariff Elimination for Certain Goods of Chile, 13250-13251 E8-4877 Institution of Antidumping Duty Investigation and Scheduling of Preliminary Phase Investigation: Certain Steel Treaded Rod from China, 13251 E8-4832 Justice Justice Department NOTICES Lodging of Consent Decree Under the Clean Air Act, 13252 E8-4884 Labor Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13252-13253 E8-4885 National Highway National Highway Traffic Safety Administration RULES Final Theft Data: Motor Vehicle Theft Prevention Standard, 13150-13155 E8-4951 NOTICES Insurer Reporting Requirements: Reports under 49 U.S.C. on Section 33112(c), 13276 E8-4939 National Institute National Institute of Standards and Technology NOTICES Request for Nominations of Members to Serve; Manufacturing Extension Partnership Advisory Board, 13209 E8-4878 Request for Nominations of Members to Serve; Technology Innovation Program Advisory Committee, 13209 E8-4879 NIH National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13242 E8-4871 Meetings: Center for Scientific Review, 13242-13243 E8-4649 Clinical Center, 13243 E8-4654 National Institute of Allergy and Infectious Diseases, 13243 E8-4652 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Vessels Catching Pacific Cod for Processing by the Offshore Component in the Central Regulatory Area of the Gulf of Alaska, 13156 08-1009 PROPOSED RULES Listing Endangered and Threatened Species: Petition to List Pacific Eulachon, 13185-13189 E8-4957 NOTICES Application for an Exempted Fishing Permit: Fisheries of the Exclusive Economic Zone off Alaska, 13210-13211 E8-4904 Meetings: Gulf of Mexico Fishery Management Council, 13211 E8-4873 Navy Navy Department NOTICES Intent to Grant Partially Exclusive Patent License: Air Products and Chemicals, Inc., 13215 E8-4889 Pyrogenesis Canada, Inc., 13215 E8-4890 Nuclear Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: Hi-Storm 100 Revision 5; Withdrawal of Direct Final Rule, 13071 E8-4796 PROPOSED RULES Enhancements To Emergency Preparedness Regulations, 13157 E8-4899 NOTICES Amendments To Facility Operating Licenses: Indiana Michigan Power Company, 13253-13256 E8-4913 High-Level Waste Repository; Pre-Application Matters, 13256-13258 E8-4918 Proposed License Renewal Interim Staff Guidance, etc., 13258-13261 E8-4902 Occupational Occupational Safety and Health Administration NOTICES Meetings: Maritime Advisory Committee for Occupational Safety and Health, 13253 E8-4881 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13211-13214 E8-4933 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Pipeline Safety: Standards for Increasing the Maximum Allowable Operating Pressure for Gas Transmission Pipelines, 13167-13185 E8-4656 Postal Postal Service RULES Rules of Practice in Proceedings Relative to Disciplinary Action for Violations of Restrictions on Post-Employment Activity, 13131-13132 E8-4869 Railroad Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13261-13262 E8-4910 E8-4914 Rural Rural Housing Service NOTICES Section 514, 515, and 516 Multi-Family Housing Revitalization Demonstration Program, FY 2008, Funding Availability, 13194-13203 E8-4952 Section 514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants for Off-Farm Housing, FY 2008; Funding Availability, 13190-13194 E8-4956 Section 515 Rural Rental Housing Program for New Construction, FY 2008; Funding Availability, 13203-13207 E8-4949 Section 533 Housing Preservation Grants FY 2008 Funds Availability, 13207 E8-4854 SEC Securities and Exchange Commission PROPOSED RULES Foreign Issuer Reporting Enhancements, 13404-13428 E8-4366 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13262-13264 E8-4823 E8-4836 Self-Regulatory Organizations: The NASDAQ Stock Market LLC, 13264-13265 E8-4851 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 13265-13267 E8-4837 International Securities Exchange, LLC, 13267-13268 E8-4838 New York Stock Exchange LLC, 13268-13269 E8-4839 Philadelphia Stock Exchange, Inc, 13269-13271 E8-4822 State State Department NOTICES Certification Concerning the Bolivian Military Under the Foreign Operations, Export Financing, and Related Programs Appropriations Act etc., 13271 E8-4965 Delegation to the Assistant Secretary for European Affairs of Authorities Vested in or Delegated etc., 13271 E8-4856 Substance Substance Abuse and Mental Health Services Administration NOTICES Fiscal Year
(FY)2008 Funding Opportunity, 13243-13244 E8-4892 TVA Tennessee Valley Authority NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13271 08-1006 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Applications for Certificates: Public Convenience and Necessity and Foreign Air Carrier Permits, 13271-13272 E8-4888 Transportation Transportation Security Administration RULES Transportation Worker Identification Credential: Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License; Correction, 13155-13156 E8-4901 NOTICES Transportation Worker Identification Credential: Port of Bangor, ME Enrollment Date, 13244-13245 E8-4897 Treasury Treasury Department See Internal Revenue Service See United States Mint MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Extension of the Designation of Somalia for Temporary Protected Status: Automatic Extension of Employment Authorization Documentation for Somali Temporary Protected Status Beneficiaries, 13245-13249 E8-4898 U.S. Mint United States Mint NOTICES American Buffalo 2008 Celebration Coin Program Price Increase, 13276-13277 E8-4908 Veterans Veterans Affairs Department NOTICES Privacy Act; Systems of Records, 13277-13282 E8-4895 E8-4896 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 13284-13366 E8-4430 Part III Transportation Department, Federal Highway Administration; Transportation Department, Federal Transit Administration, 13368-13401 E8-4596 Part IV Securities and Exchange Commission, 13404-13428 E8-4366 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 73 49 Wednesday, March 12, 2008 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AI24 List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 5; Withdrawal of Direct Final Rule AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule; withdrawal. SUMMARY: The U.S. Nuclear Regulatory Commission
(NRC)is withdrawing a direct final rule that would have revised the Holtec International HI-STORM 100 cask system listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 5 to the Certificate of Compliance. The NRC is taking this action because it has received a significant adverse comment in response to the direct final rule. This significant adverse comment shall be considered as a comment to the companion proposed rule that was published concurrently with the direct final rule. DATES: The final rule published on December 31, 2007 (72 FR 74162), is withdrawn effective March 12, 2008. FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone
(301)415-6219 (e-mail: *jmm2@nrc.gov* ). SUPPLEMENTARY INFORMATION: On December 31, 2007 (72 FR 74162), the NRC published in the **Federal Register** a direct final rule amending its regulations in 10 CFR 72.214 to revise the Holtec International HI-STORM 100 cask system listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 5 to the Certificate of Compliance
(CoC)No. 1014. Amendment No. 5 modifies the present cask system design to permit deletion of the requirement to perform thermal validation tests on thermal systems; an increase in the design basis maximum decay heat loads, namely, to 34 kilowatts
(kW)for uniform loading and 36.9 kW for regionalized loading, and introduction of a new decay heat regionalized scheme; an increase in the maximum fuel assembly weight for boiling water reactor fuel in the Multi-Purpose Canister (MPC)-68 from 700 to 730 pounds; an increase in the maximum fuel assembly weight of up to 1,720 pounds for assemblies not requiring spacers, otherwise 1,680 pounds; changes to the assembly characteristics of 16x16 pressurized water reactor fuel assemblies to be qualified for storage in the HI-STORM 100 cask system; a change in the fuel storage locations in the MPC-32 for fuel with axial power shaping rod assemblies and in the fuel storage locations in the MPC-24, MPC-24E, and the MPC-32 for fuel with control rod assemblies, rod cluster control assemblies, and control element assemblies; elimination of the restriction that fuel debris can only be loaded into the MPC-24EF, MPC-32F, MPC-68F, and MPC-68FF canisters; introduction of a requirement that all MPC confinement boundary components and any MPC components exposed to spent fuel pool water or the ambient environment be made of stainless steel or, for MPC internals, neutron absorber or aluminum; the addition of a threshold heat load below which operation of the Supplemental Cooling System would not be required and modification of the design criteria to simplify the system; minor editorial changes to include clarification of the description of anchored casks, correction of typographical/editorial errors, clarification of the definitions of loading operations, storage operations, transport operations, unloading operations, cask loading facility, and transfer cask in various locations throughout the CoC and Final Safety Analysis Report; and modification of the definition of non-fuel hardware to include the individual parts of the items defined as non-fuel hardware. The direct final rule was to become effective on March 17, 2008. The NRC also concurrently published a companion proposed rule on December 31, 2007 (72 FR 74209). In the direct final rule, NRC stated that if any significant adverse comments were received, a notice of timely withdrawal of the direct final rule would be published in the **Federal Register** , and the direct final rule would not take effect. The NRC received a significant adverse comment on the direct final rule; therefore, the NRC is withdrawing the direct final rule. This significant adverse comment shall be considered as a comment to the companion proposed rule that was published concurrently with the direct final rule. The NRC will not initiate a second comment period on the companion proposed rule. Dated at Rockville, Maryland, this 28th day of February, 2008. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. E8-4796 Filed 3-11-08; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29172; Directorate Identifier 2006-NM-285-AD; Amendment 39-15412; AD 2008-05-18] RIN 2120-AA64 Airworthiness Directives; Fokker Model F27 Mark 050, 200, 300, 400, 500, 600, and 700 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Subsequent to accidents involving Fuel Tank System explosions in flight * * * and on ground, * * * Special Federal Aviation Regulation 88 (SFAR88) * * * required a safety review of the aircraft Fuel Tank System * * *. Fuel Airworthiness Limitations are items arising from a systems safety analysis that have been shown to have failure mode(s) associated with an ‘unsafe condition' * * *. These are identified in Failure Conditions for which an unacceptable probability of ignition risk could exist if specific tasks and/or practices are not performed in accordance with the manufacturers' requirements. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective April 16, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 16, 2008. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. 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: 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 September 11, 2007 (72 FR 51719). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Subsequent to accidents involving Fuel Tank System explosions in flight * * * and on ground, the FAA published Special Federal Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a safety review of the aircraft Fuel Tank System to determine that the design meets the requirements of FAR (Federal Aviation Regulation) § 25.901 and § 25.981(a) and (b). A similar regulation has been recommended by the JAA (Joint Aviation Authorities) to the European National Aviation Authorities in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was requested to be mandated by NAA's (National Aviation Authorities) using JAR (Joint Aviation Regulation) § 25.901(c), § 25.1309. In August 2005 EASA published a policy statement on the process for developing instructions for maintenance and inspection of Fuel Tank System ignition source prevention (EASA D 2005/CPRO, *http://www.easa.eu.int/home/cert_policy_statements_en.html* ) that also included the EASA expectations with regard to compliance times of the corrective actions on the unsafe and the not unsafe part of the harmonised design review results. On a global scale the TC (type certificate) holders committed themselves to the EASA published compliance dates (see EASA policy statement). The EASA policy statement has been revised in March 2006: the date of 31-12-2005 for the unsafe related actions has now been set at 01-07-2006. Fuel Airworthiness Limitations are items arising from a systems safety analysis that have been shown to have failure mode(s) associated with an ‘unsafe condition' as defined in FAA's memo 2003-112-15 ‘SFAR 88—Mandatory Action Decision Criteria'. These are identified in Failure Conditions for which an unacceptable probability of ignition risk could exist if specific tasks and/or practices are not performed in accordance with the manufacturers' requirements. This EASA Airworthiness Directive mandates the Fuel System Airworthiness Limitations, comprising maintenance/inspection tasks and Critical Design Configuration Control Limitations (CDCCL) for the type of aircraft, that resulted from the design reviews and the JAA recommendation and EASA policy statement mentioned above. The corrective action includes revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Actions Since the NPRM Was Issued Since we issued the NPRM, we have received Fokker 50/60 Fuel Airworthiness Limitation Items
(ALI)and Critical Design Configuration Control Limitations (CDCCL) Report SE-671, Issue 2, dated December 1, 2006. (We referred to Fokker 50/60 Fuel Airworthiness Limitation Items
(ALI)and Critical Design Configuration Control Limitations (CDCCL) Report SE-671, Issue 1, dated January 31, 2006, in the NPRM as the appropriate source of service information for accomplishing the required actions.) Issue 2 of the report includes the CDCCL control references as published in the May 1, 2006, revision of the airplane maintenance manual. We have changed paragraphs
(f)and
(h)of the AD to refer to Issue 2 of the report. We have also received Fokker Service Bulletin SBF27-28-070, Revision 1, dated January 8, 2008. (We referred to Fokker Service Bulletin SBF27/28-070, dated June 30, 2006, in the NPRM as an appropriate source of service information for accomplishing the required actions.) Revision 1 of the service bulletin includes editorial changes, changes to certain CDCCL control references, and changes to the compliance paragraph. We have changed paragraphs
(f)and
(h)of the AD to refer to Revision 1 of the service bulletin. We have also added a new paragraph (f)(5) to the AD to specify that actions done before the effective date of this AD in accordance with Fokker 50/60 Fuel Airworthiness Limitation Items
(ALI)and Critical Design Configuration Control Limitations (CDCCL) Report SE-671, Issue 1, dated January 31, 2006; or Fokker Service Bulletin SBF27/28-070, dated June 30, 2006; as applicable; are acceptable for compliance with the corresponding requirements of this AD. Explanation of Additional Changes to the AD We have clarified paragraph (f)(1) of this AD to specify that operators are to incorporate the “limits” (inspections, thresholds, and intervals) specified in the Fokker 50/60 Fuel Airworthiness Limitation Items
(ALI)and Critical Design Configuration Control Limitations (CDCCL) Report SE-671, Issue 2, dated December 1, 2006; or Fokker Service Bulletin SBF27-28-070, Revision 1, dated January 8, 2008; as applicable. Paragraph (f)(1) of the NPRM did not include the words “the limits,” or a description of those limits. For standardization purposes, we have revised this AD in the following ways: • We have revised paragraph (f)(4) of this AD to specify that no alternative inspections, inspection intervals, or CDCCLs may be used unless they are part of a later approved revision of Fokker 50/60 Fuel Airworthiness Limitation Items
(ALI)and Critical Design Configuration Control Limitations (CDCCL) Report SE-671, Issue 2, dated December 1, 2006; or Fokker Service Bulletin SBF27-28-070, Revision 1, dated January 8, 2008; as applicable; or unless they are approved as an alternative method of compliance (AMOC). Inclusion of this paragraph in the AD is intended to ensure that the AD-mandated airworthiness limitations changes are treated the same as the airworthiness limitations issued with the original type certificate. • We have simplified the language in Note 1 of this AD to clarify that an operator must request approval for an AMOC if the operator cannot accomplish the required inspections because an airplane has been previously modified, altered, or repaired in the areas addressed by the required inspections. • In most ADs, we adopt a compliance time allowing a specified amount of time after the AD's effective date. In this case, however, the FAA has already issued regulations that require operators to revise their maintenance/inspection programs to address fuel tank safety issues. The compliance date for these regulations is December 16, 2008. To provide for coordinated implementation of these regulations and this AD, we are including this same compliance date in this AD. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. 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 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 our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect about 24 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $1,920, or $80 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 the 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://www.regulations.gov* ; or in person at the Docket Operations office 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 Operations office (telephone
(800)647-5527) 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 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 FAA amends § 39.13 by adding the following new AD: **2008-05-18 Fokker Services B.V.:** Amendment 39-15412. Docket No. FAA-2007-29172; Directorate Identifier 2006-NM-285-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective April 16, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Fokker Model F27 Mark 050 airplanes, all serial numbers; and Fokker F27 Mark 200, 300, 400, 500, 600, and 700 airplanes, serial numbers 10102 through 10692; certificated in any category. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (g)(1) of this AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane. Subject
(d)Air Transport Association
(ATA)of America Code 28: Fuel. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: Subsequent to accidents involving Fuel Tank System explosions in flight * * * and on ground, the FAA published Special Federal Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a safety review of the aircraft Fuel Tank System to determine that the design meets the requirements of FAR (Federal Aviation Regulation) § 25.901 and § 25.981(a) and (b). A similar regulation has been recommended by the JAA (Joint Aviation Authorities) to the European National Aviation Authorities in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was requested to be mandated by NAA's (National Aviation Authorities) using JAR (Joint Aviation Regulation) § 25.901(c), § 25.1309. In August 2005 EASA published a policy statement on the process for developing instructions for maintenance and inspection of Fuel Tank System ignition source prevention (EASA D 2005/CPRO, * http:// www.easa.eu.int/home/cert_policy_statements_en.html * ) that also included the EASA expectations with regard to compliance times of the corrective actions on the unsafe and the not unsafe part of the harmonised design review results. On a global scale the TC (type certificate) holders committed themselves to the EASA published compliance dates (see EASA policy statement). The EASA policy statement has been revised in March 2006: the date of 31-12-2005 for the unsafe related actions has now been set at 01-07-2006. Fuel Airworthiness Limitations are items arising from a systems safety analysis that have been shown to have failure mode(s) associated with an ‘unsafe condition' as defined in FAA's memo 2003-112-15 ‘SFAR 88—Mandatory Action Decision Criteria'. These are identified in Failure Conditions for which an unacceptable probability of ignition risk could exist if specific tasks and/or practices are not performed in accordance with the manufacturers' requirements. This EASA Airworthiness Directive mandates the Fuel System Airworthiness Limitations, comprising maintenance/inspection tasks and Critical Design Configuration Control Limitations (CDCCL) for the type of aircraft, that resulted from the design reviews and the JAA recommendation and EASA policy statement mentioned above. The corrective action includes revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. Actions and Compliance
(f)Unless already done, do the following actions.
(1)Within 3 months after the effective date of this AD or before December 16, 2008, whichever occurs first, revise the Airworthiness Limitations Section
(ALS)of the Instructions for Continued Airworthiness to incorporate the limits (inspections, thresholds, and intervals) specified in Fokker 50/60 Fuel Airworthiness Limitation Items
(ALI)and Critical Design Configuration Control Limitations (CDCCL) Report SE-671, Issue 2, dated December 1, 2006; or Fokker Service Bulletin SBF27-28-070, Revision 1, dated January 8, 2008; as applicable. For all tasks identified in Report SE-671 or Service Bulletin SBF27-28-070, the initial compliance times are as specified in Table 1 or Table 2 of this AD, as applicable. The repetitive inspections must be accomplished thereafter at the intervals specified in Report SE-671 or Service Bulletin SBF27-28-070, as applicable, except as provided by paragraphs (f)(3) and (g)(1) of this AD. Table 1.—Initial Compliance Times for ALS Revision for Model F27 Mark 050 Airplanes For— The later of— Task 280000-01 102 months after the effective date of this AD; or 102 months after the date of issuance of the original Dutch standard airworthiness certificate or the date of issuance of the original Dutch export certificate of airworthiness. Task 280000-02 30 months after the effective date of this AD; or 30 months after the date of issuance of the original Dutch standard airworthiness certificate or the date of issuance of the original Dutch export certificate of airworthiness. Table 2.—Initial Compliance Times for ALS Revision for Model F27 Mark 200, 300, 400, 500, 600, and 700 Airplanes For— The later of— Task 280000-01 78 months after the effective date of this AD; or 78 months after the date of issuance of the original Dutch standard airworthiness certificate or the date of issuance of the original Dutch export certificate of airworthiness. Task 280000-02 18 months after the effective date of this AD; or 18 months after the date of issuance of the original Dutch standard airworthiness certificate or the date of issuance of the original Dutch export certificate of airworthiness.
(2)Within 3 months after the effective date of this AD or before December 16, 2008, whichever occurs first, revise the ALS of the Instructions for Continued Airworthiness to incorporate the CDCCLs as defined in Fokker 50/60 Fuel Airworthiness Limitation Items
(ALI)and Critical Design Configuration Control Limitations (CDCCL) Report SE-671, Issue 2, dated December 1, 2006; or Fokker Service Bulletin SBF27-28-070, Revision 1, dated January 8, 2008; as applicable.
(3)Where Fokker 50/60 Fuel Airworthiness Limitation Items
(ALI)and Critical Design Configuration Control Limitations (CDCCL) Report SE-671, Issue 2, dated December 1, 2006; or Fokker Service Bulletin SBF27-28-070, Revision 1, dated January 8, 2008; as applicable; allow for exceptional short-term extensions, an exception is acceptable to the FAA if it is approved by the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office.
(4)After accomplishing the actions specified in paragraphs (f)(1) and (f)(2) of this AD, no alternative inspections, inspection intervals, or CDCCLs may be used, unless the inspections, inspection intervals, or CDCCLs are part of a later revision of Fokker 50/60 Fuel Airworthiness Limitation Items
(ALI)and Critical Design Configuration Control Limitations (CDCCL) Report SE-671, Issue 2, dated December 1, 2006; or Fokker Service Bulletin SBF27-28-070, Revision 1, dated January 8, 2008; as applicable; that is approved by the Manager, International Branch, ANM-116, FAA, or the Civil Aviation Authority—The Netherlands (CAA-NL) (or its delegated agent); or unless the inspections, intervals, or CDCCLs are approved as an alternative method of compliance
(AMOC)in accordance with the procedures specified in paragraph (g)(1) of this AD.
(5)Actions done before the effective date of this AD in accordance with Fokker 50/60 Fuel Airworthiness Limitation Items
(ALI)and Critical Design Configuration Control Limitations (CDCCL) Report SE-671, Issue 1, dated January 31, 2006; and Fokker Service Bulletin SBF27-28-070, dated June 30, 2006; are acceptable for compliance with the corresponding requirements of this AD. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, International Branch, ANM-116, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Tom Rodriguez, Aerospace Engineer, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1137; fax
(425)227-1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(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)Refer to MCAI European Aviation Safety Agency
(EASA)Airworthiness Directive 2006-0207, dated July 12, 2006; EASA Airworthiness Directive 2006-0209, dated July 12, 2006 (corrected September 1, 2006); Fokker 50/60 Fuel Airworthiness Limitation Items
(ALI)and Critical Design Configuration Control Limitations (CDCCL) Report SE-671, Issue 2, dated December 1, 2006; and Fokker Service Bulletin SBF27-28-070, Revision 1, dated January 8, 2008; for related information. Material Incorporated by Reference
(i)You must use Fokker 50/60 Fuel Airworthiness Limitation Items
(ALI)and Critical Design Configuration Control Limitations (CDCCL) Report SE-671, Issue 2, dated December 1, 2006; and Fokker Service Bulletin SBF27-28-070, Revision 1, dated January 8, 2008; 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 Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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* . Issued in Renton, Washington, on February 28, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4328 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28228; Directorate Identifier 2006-SW-08-AD; Amendment 39-15410; AD 2008-05-16] RIN 2120-AA64 Airworthiness Directives; Eurocopter France Model EC130 B4 Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive
(AD)for Eurocopter France
(ECF)Model EC130 B4 helicopters that requires, within 110 hours time-in-service (TIS), modifying and testing the wiring of the battery overheat sensing circuit. This amendment is prompted by a malfunction in the battery overheat sensing circuit found during a scheduled inspection. The actions specified by this AD are intended to correct the connection of the thermal switch to the cockpit indicator light, to notify the flight crew of an overheated battery, and to prevent a thermal runaway of the battery, an in-flight fire, and subsequent loss of control of the helicopter. DATES: Effective April 16, 2008. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 16, 2008. ADDRESSES: You may get the service information identified in this AD from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone
(972)641-3460, fax
(972)641-3527. EXAMINING THE DOCKET: You may examine the docket that contains this AD, any comments, and other information on the Internet at *http://www.regulations.gov* or at the Docket Operations Office, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Carroll Wright, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, Fort Worth, Texas 76193-0111, telephone
(817)222-5120, fax
(817)222-5961. SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 to include an AD for the specified model helicopters was published in the **Federal Register** on May 21, 2007 (72 FR 28458). That action proposed to require, within 110 hours TIS, modifying and testing the wiring of the battery overheat sensing circuit. The Direction Generale De L'Aviation Civile (DGAC), the airworthiness authority for France, notified the FAA that an unsafe condition may exist on ECF Model EC130 B4 helicopters. The DGAC advises that a malfunction of the battery overheat sensing function, due to incorrect wiring of the battery overheat sensing circuit, was found during a scheduled maintenance. The DGAC also advises that failure of the battery overheat sensing function to operate could give rise to a fire in the event of thermal runaway of the battery. ECF has issued Alert Telex No. 24A001, dated December 20, 2005 (AT). The AT specifies modifying and testing the battery overheat sensing circuit (MOD 073572) for batteries located in the right-hand side baggage compartment (not modified per OP-3685 or 073739) and for batteries in the tailboom (modified per OP-3685 or 073739). The DGAC classified this AT as mandatory and issued AD No. F-2006-010, dated January 4, 2006, to ensure the continued airworthiness of these helicopters in France. This helicopter model is manufactured in France and is type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, the DGAC has kept the FAA informed of the situation described above. The FAA has examined the findings of the DGAC, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed but with one editorial change. In the summary and the discussion paragraphs of the NPRM, we stated that the modification and retesting would be required within 100 hours TIS. In the compliance paragraph of the NPRM, we stated 110 hours TIS, which is correct. The 100-hour TIS compliance time is incorrect. We have corrected the compliance time in this final rule and determined that air safety and the public interest require adopting the rule as proposed with the changes described previously. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. The FAA estimates that this AD will affect 68 helicopters of U.S. registry. Modifying and testing the overheat sensing circuit wiring will take about 1 work hour per helicopter at an average labor rate of $80 per work hour. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $5440. 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 the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the 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 an economic evaluation of the estimated costs to comply with this AD. See the AD docket to examine the economic evaluation. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to read as follows: **2008-05-16 Eurocopter France:** Amendment 39-15410; Docket No. FAA-2007-28228; Directorate Identifier 2006-SW-08-AD. *Applicability* : Model EC130 B4 helicopters not modified per MOD 073572, with the battery in either the right-hand baggage compartment or the tailboom, certificated in any category. *Compliance:* Required within 110 hours time-in-service, unless accomplished previously. To correct the connection of the thermal switch to the cockpit indicator light, to notify the flight crew of an overheated battery, and to prevent a thermal runaway of the battery, an in-flight fire, and subsequent loss of control of the helicopter, do the following:
(a)Modify the wiring of the battery overheat sensing circuit and test the battery overheat sensing indicator light by following the Accomplishment Instructions, paragraph 2.B.1. or 2.B.2., depending on the location of the battery, of Eurocopter Alert Telex No. 24A001, dated December 20, 2005.
(b)Modifying and testing the battery overheat sensing circuit by following paragraph
(a)of this AD is terminating action for the requirements of this AD.
(c)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Rotorcraft Directorate, FAA, ATTN: Carroll Wright, Aviation Safety Engineer, Regulations and Policy Group, Fort Worth, Texas 76193-0111, telephone
(817)222-5120, fax
(817)222-5961, for information about previously approved alternative methods of compliance.
(d)Modifying the wiring of the battery overheat sensing circuit and testing the battery overheat sensing indicator light shall be done in accordance with the specified portions of Eurocopter Alert Telex No. 24A001, dated December 20, 2005. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone
(972)641-3460, fax
(972)641-3527. Copies may be inspected at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 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/code_of_federal_regulations/ibr_locations.html.*
(e)This amendment becomes effective on April 16, 2008. Note: The subject of this AD is addressed in Direction Generale De L'Aviation Civile (France) AD No. F-2006-010, dated January 4, 2006. Issued in Fort Worth, Texas, on February 26, 2008. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E8-4462 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0056; Directorate Identifier 2007-SW-06-AD; Amendment 39-15409; AD 2008-05-15] RIN 2120-AA64 Airworthiness Directives; Eurocopter France Model EC130 B4 Helicopters AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for Eurocopter France Model EC130 B4 helicopters. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The European Safety Agency (EASA), the Technical Agent for France, with which we have a bilateral agreement, states in the MCAI: This Airworthiness Directive
(AD)is issued following the discovery of several cases of loosened rivets in the tube-to-flange attachment of the tail rotor drive center section shaft. In one case, this loosening of rivets was associated with a crack in the tube which started from a loosened-rivet hole. These occurrences can lead to failure of the tail rotor drive center section shaft. We are issuing this AD to correct the unsafe condition caused by cracks and loosened rivets in the tube-to-flange attachment of the tail rotor and the unsafe condition caused by the out-of-perpendicularity of the No. 1 bearing. DATES: This AD becomes effective on April 16, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 16, 2008. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in Room W12-140, Docket Operations Office, on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may get the service information identified in this AD from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone
(972)641-3460, fax
(972)641-3527. FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 76193-0111, telephone
(817)222-5355, fax
(817)222-5961. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to Eurocopter France Model EC130B3 helicopters. That NPRM was published in the **Federal Register** on October 19, 2007 (72 FR 59229). That NPRM proposed to correct the unsafe conditions for the specified model helicopter. The MCAI states: This Airworthiness Directive
(AD)is issued following the discovery of several cases of loosened rivets in the tube-to-flange attachment of the tail rotor drive center section shaft. In one case, this loosening of rivets was associated with a crack in the tube which started from a loosened-rivet hole. These occurrences can lead to failure of the tail rotor drive center section shaft. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance We estimate that this AD will affect 68 helicopters of U.S. registry and that it will take about 1 work-hour per helicopter to determine if there are any cracks or loosened rivets in the tube-to-flange attachment of the tail rotor drive center section shaft and to determine if the No. 1 bearing is out-of-perpendicularity. Also, we estimate that it will take about 4 work-hours per helicopter to remove and replace any nonconforming parts. The average labor rate is $80 per work-hour. Required parts will cost about $15,007 per helicopter if replacing a tail rotor drive center section shaft is necessary. Based on these figures, we estimate the cost to inspect the fleet of helicopters to be $5,440. Assuming 3 helicopters are found to have nonconforming parts, we estimate the costs to replace these parts to be $45,981, resulting in the total cost of the AD on U.S. operators to be $51,421. 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 the 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 an economic 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 in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the economic evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) 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 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 FAA amends § 39.13 by adding the following new AD: **2008-05-15 Eurocopter France:** Amendment 39-15409. Docket No. FAA-2007-0056; Directorate Identifier 2007-SW-06-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective on April 16, 2008. Other Affected ADs
(b)None. Applicability
(c)This AD applies to Model EC130 B4 helicopters, with a tail rotor drive center section shaft, part number (P/N) 350A340202; and bearing, P/N 593404, certificated in any category. Reason
(d)The mandatory continuing airworthiness information
(MCAI)states: This Airworthiness Directive
(AD)is issued following the discovery of several cases of loosened rivets in the tube-to-flange attachment of the tail rotor drive center section shaft. In one case, this loosening of rivets was associated with a crack in the tube which started from a loosened-rivet hole. These occurrences can lead to failure of the tail rotor drive center section shaft. Actions and Compliance
(e)Within 50 hours time-in-service
(TIS)or 3 months, whichever occurs first, unless already done, do the following actions.
(1)Inspect for cracks or loosened rivets in the tube-to-flange attachment of the tail rotor drive center section shaft and inspect the perpendicularity of bearing No. 1 in compliance with the Accomplishment Instructions, paragraph 2.B.2., of Eurocopter Alert Service Bulletin No. 65A002, dated November 16, 2005 (ASB).
(2)If a crack or loosened rivet is found, replace the tail rotor drive center section shaft before further flight.
(3)If the out-of perpendicularity of the bearing is more than 0.1 mm, apply the corrective procedure described in the Accomplishment Instructions, paragraph 2.B.2., of the ASB. Differences Between the FAA AD and the MCAI
(f)None. Subject
(g)Air Transport Association of America
(ATA)Code 65, Tail rotor drive—tail rotor drive shaft. Other Information
(h)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs* ): The Manager, Safety Management Group, Rotorcraft Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Ed Cuevas, Aviation Safety Engineer, Fort Worth, Texas 76193-0111, telephone
(817)222-5355, fax
(817)222-5961.
(2)*Airworthy Product* : Use only FAA-approved corrective actions. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent) if the State of Design has an appropriate bilateral agreement with the United States. You are required to assure the product is airworthy before it is returned to service.
(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
(i)MCAI European Aviation Safety Agency
(EASA)Airworthiness Directive No. F-2005-190, Revision A, dated November 23, 2005, contains related information. Material Incorporated by Reference
(j)You must use the specified portions of Eurocopter Alert Service Bulletin No. 65A002, dated November 16, 2005, 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 American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone
(972)641-3460, fax
(972)641-3527.
(3)You may review copies at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 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.* Issued in Fort Worth, Texas, on February 14, 2008. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E8-4464 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28665; Directorate Identifier 2007-NM-081-AD; Amendment 39-15416; AD 2008-06-04] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300 and A300-600 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Three cases of outer deflector panel found detached or broken during ground inspection have been reported to Airbus. * * * [A]n operator has also reported a missing portion of hinge on one panel. * * * Mishandling or failure of the small portion of hinge located inboard of the affected deflector panel is suspected to be the main cause of the deflector damage. This can cause misalignment of the deflector panel followed by hinge pin migration and possible further damages to the deflector on flap retraction. If not corrected, such situation could lead to the loss of deflector panel and injured people on the ground. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective April 16, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 16, 2008. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. 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: 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 July 10, 2007 (72 FR 37477). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Three cases of outer deflector panel found detached or broken during ground inspection have been reported by operators to Airbus. The affected deflector panel is the most outboard of the two outer deflectors. In addition, an operator has also reported a missing portion of hinge on one panel. The missing portion of hinge is held to the structure through one Camloc fastener. Mishandling or failure of the small portion of hinge located inboard of the affected deflector panel is suspected to be the main cause of the deflector damage. This can cause misalignment of the deflector panel followed by hinge pin migration and possible further damages to the deflector on flap retraction. If not corrected, such situation could lead to the loss of deflector panel and injured people on the ground. The aim of this Airworthiness Directive
(AD)is to mandate the one time inspection to detect and prevent damage to inner and outer shroud box deflectors. The corrective action includes repairing any discrepancy, or removing the affected deflector door according to the configuration deviation list (CDL). You may obtain further information by examining the MCAI in the AD docket Comments We gave the public the opportunity to participate in developing this AD. We considered the comment received. Request To Refer to Later Revision of Service Bulletin Airbus requests that we refer to Revision 01 of Airbus Service Bulletin A300-57-6104, dated April 27, 2007. In the NPRM, we referred to the original issue of that service bulletin, dated November 7, 2006, as the appropriate source of service information for accomplishing the required actions. We agree with Airbus' request to refer to Revision 01 of Airbus Service Bulletin A300-57-6104. Revision 01 of the service bulletin updates the operator and aircraft effectivity to show the latest information, and changes the industry support information. No additional work is required by this revision of the service bulletin. Although Revision 01 notes that it adds a manufacturer serial number
(MSN)to the effectivity of the service bulletin, that MSN was already specified in the applicability of our NPRM. We have changed paragraph
(f)of this AD, and Table 1 of this AD, to refer to Revision 01 of Airbus Service Bulletin A300-57-6104. We have also added paragraph (f)(3) to the AD to give credit to operators that have done the actions previously in accordance with Airbus Service Bulletin A300-57-6104, including Appendix 01, dated November 7, 2006. Explanation of Change to Paragraph (f)(1)(ii)—Flight Manual References We have revised paragraph (f)(1)(ii) of the NPRM to specify that operators must remove the affected deflector door according to a method approved by either the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA)(or its delegated agent). That paragraph also specifies that one approved method for removing the door is described in Airbus A300 Flight Manual (FM), Appendix—Configuration Deviation List, Chapter 6.03.27, dated February 1, 1993; or Airbus A300-600 FM, Appendix—Configuration Deviation List, Chapter 6.03.27, dated May 1, 1992; as applicable. This wording makes it clear that there may be other approved variations of the Configuration Deviation List and, if so, that these other variations would also be acceptable for compliance. Explanation of Change to Paragraph (f)(2)—Reporting We have changed paragraph (f)(2) of the NPRM to specify that reports are necessary only if any discrepancy is found as a result of the inspection done in accordance with paragraph (f). We find that requiring reports for inspections where no discrepancy is found puts an undue burden on the operator. Conclusion We 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 determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. 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 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 our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance Based on the service information, we estimate that this AD will affect about 167 products of U.S. registry. We also estimate that it will take about 16 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the AD for U.S. operators to be $213,760, or $1,280 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 the 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://www.regulations.gov* ; or in person at the Docket Operations office 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 Operations office (telephone
(800)647-5527) 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 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 FAA amends § 39.13 by adding the following new AD: **2008-06-04 Airbus:** Amendment 39-15416. Docket No. FAA-2007-28665; Directorate Identifier 2007-NM-081-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective April 16, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Airbus Model A300 and A300-600 series airplanes, all certified models, all serial numbers, certificated in any category; except Airbus Model A300-600 series airplanes from manufacturer's serial number 0872 onward, which received application of Airbus modifications 13245 and 13282 during production. Subject
(d)Air Transport Association
(ATA)of America Code 57: Wings. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: Three cases of outer deflector panel found detached or broken during ground inspection have been reported by operators to Airbus. The affected deflector panel is the most outboard of the two outer deflectors. In addition, an operator has also reported a missing portion of hinge on one panel. The missing portion of hinge is held to the structure through one Camloc fastener. Mishandling or failure of the small portion of hinge located inboard of the affected deflector panel is suspected to be the main cause of the deflector damage. This can cause misalignment of the deflector panel followed by hinge pin migration and possible further damages to the deflector on flap retraction. If not corrected, such situation could lead to the loss of deflector panel and injured people on the ground. The aim of this Airworthiness Directive
(AD)is to mandate the one time inspection to detect and prevent damage to inner and outer shroud box deflectors. The corrective action includes repairing any discrepancy, or removing the affected deflector door according to the configuration deviation list (CDL). Actions and Compliance
(f)Within 18 months after the effective date of this AD, unless already done, do a detailed visual inspection of the inner and outer shroud box flap deflectors in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-57-0247, including Appendix 01, dated November 7, 2006 (for Model A300 series airplanes); or Airbus Service Bulletin A300-57-6104, Revision 01, including Appendix 01, dated April 27, 2007 (for Model A300-600 series airplanes); as applicable.
(1)If any discrepancy or damage is found, before next flight do the action in paragraph (f)(1)(i) or (f)(1)(ii) of this AD.
(i)Repair the affected flap deflector in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-57-0247, including Appendix 01, dated November 7, 2006; or Airbus Service Bulletin A300-57-6104, Revision 01, including Appendix 01, dated April 27, 2007; as applicable.
(ii)Remove the affected deflector door according to a method approved by either the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA)(or its delegated agent). One approved method is described in Airbus A300 Flight Manual (FM), Appendix—Configuration Deviation List, Chapter 6.03.27, dated February 1, 1993; or Airbus A300-600 FM, Appendix—Configuration Deviation List, Chapter 6.03.27, dated May 1, 1992; as applicable. The removed door may be reinstalled once it has been repaired in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-57-0247, including Appendix 01, dated November 7, 2006; or Airbus Service Bulletin A300-57-6104, Revision 01, including Appendix 01, dated April 27, 2007; as applicable.
(2)Report to Airbus any discrepancy found as a result of the inspection done in accordance with paragraph
(f)of this AD, using the inspection report included in Appendix 01 of the applicable service bulletin specified in paragraph
(f)of this AD.
(3)Actions done before the effective date of this AD in accordance with Airbus Service Bulletin A300-57-6104, including Appendix 01, dated November 7, 2006, are acceptable for compliance with the corresponding requirements of this AD. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs)* : The Manager, ANM-116, Transport Airplane Directorate, International Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: 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. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(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)Refer to MCAI EASA Airworthiness Directive 2007-0062, dated March 7, 2007, and the service information identified in Table 1 of this AD, for related information. Table 1.—Airbus Service Information Service information Date Airbus Service Bulletin A300-57-0247, including Appendix 01 November 7, 2006. Airbus Service Bulletin A300-57-6104, Revision 01, including Appendix 01 April 27, 2007. Airbus A300 Flight Manual, Appendix—Configuration Deviation List, Page 5, Chapter 6.03.27, Revision 01 February 1, 1993. Airbus A300-600 Flight Manual, Appendix—Configuration Deviation List, Page 5, Chapter 6.03.27, Revision 01 May 1, 1992. Material Incorporated by Reference
(i)You must use the service information specified in Table 2 of this AD 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 Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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.* Table 2.—Material Incorporated by Reference Service information Revision level Date Airbus Service Bulletin A300-57-0247, including Appendix 01 Original November 7, 2006. Airbus Service Bulletin A300-57-6104, including Appendix 01 01 April 27, 2007. Issued in Renton, Washington, on February 28, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4480 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28662; Directorate Identifier 2007-NM-014-AD; Amendment 39-15415; AD 2008-06-03] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800 and -900 Series Airplanes; and Model 757-200, -200PF, -200CB, and -300 Series 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 Boeing airplanes, identified above. This AD requires inspecting to determine if certain motor-operated shutoff valve actuators for the fuel tanks are installed, and related investigative and corrective actions if necessary. This AD also requires revising the Airworthiness Limitations
(AWLs)section of the Instructions for Continued Airworthiness to incorporate AWL No. 28-AWL-21, No. 28-AWL-22, and No. 28-AWL-24 (for Model 737-600, -700, -700C, -800 and -900 series airplanes); and No. 28-AWL-23, No. 28-AWL-24, and No. 28-AWL-25 (for Model 757-200, -200PF, -200CB, and -300 series airplanes). This AD results from a design review of the fuel tank systems. We are issuing this AD to prevent electrical energy from lightning, hot shorts, or fault current from entering the fuel tank through the actuator shaft, which could result in fuel tank explosions and consequent loss of the airplane. DATES: This AD becomes effective April 16, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of April 16, 2008. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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 this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Judy Coyle, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6497; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: 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 Boeing Model 737-600, -700, -700C, -800 and -900 series airplanes; and Model 757-200, -200PF, -200CB, and -300 series airplanes. That NPRM was published in the **Federal Register** on July 10, 2007 (72 FR 37484). That NPRM proposed to require inspecting to determine if certain motor-operated shutoff valve actuators for the fuel tanks are installed, and related investigative and corrective actions if necessary. That NPRM also proposed to require revising the Airworthiness Limitations
(AWLs)section of the Instructions for Continued Airworthiness to incorporate AWL No. 28-AWL-21, No. 28-AWL-22, and No. 28-AWL-24 (for Model 737-600, -700, -700C, -800 and -900 series airplanes), and No. 28-AWL-23, No. 28-AWL-24, and No. 28-AWL-25 (for Model 757-200, -200PF, -200CB, and -300 series airplanes). Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Revise References to Maintenance Planning Data
(MPD)Documents Boeing requests that we revise the applicable areas in the NPRM that discuss the revision levels of the Boeing 737 and 757 MPD documents. Boeing states that the references in the NPRM should be clarified for the following reasons: • Revision May 2006 of the Boeing 737-600/700/700C/700IGW/800/900 MPD did not add AWLs (Airworthiness Limitations) 28-AWL-21, -22, and -24. Instead, AWLs 28-AWL-21 and -22 were added at Revision January 2006; AWL 28-AWL-24 was added at Revision October 2006. • Revision October 2006 of the Boeing 737-600/700/700C/700IGW/800/900 MPD revised AWL 28-AWL-21. • Revision October 2006 of the Boeing 757 MPD added AWL 28-AWL-25; AWLs 28-AWL-23 and -24 were added at Revision February 2006 of the Boeing 757 MPD. • Revision January 2007 of the Boeing 757 MPD revised AWL 28-AWL-24. Boeing points out that the clarifications affect references in both the “Relevant Service Information” section, and paragraph
(h)of the NPRM, and requests that we revise the AD to make the clarifications. We agree that the references need to be clarified for the reasons Boeing stated. We have made the following changes to the AD as Boeing outlined in its comment: • We have changed paragraph (h)(1) of the AD to refer to Revision November 2006 R1 of the Boeing 737-600/700/700C/700IGW/800/900 MPD rather than to Revision May 2006. • We have changed paragraph (h)(2) of the AD to refer to Revision January 2007 of the Boeing 757 MPD rather than to Revision October 2006. However, we have not changed the “Relevant Service Information” section of the NPRM because that section of the preamble does not reappear in the final rule. Request To Change Wording in Note 1 of the NPRM Boeing requests that we change the wording in Note 1 of the NPRM as follows: • Change “new inspections and maintenance actions” to include the words “according to paragraph (h)” after “actions.” • Change “the operator must request approval for revision to the airworthiness limitations” to “the operator must request approval for deviation from the airworthiness limitations.” • Remove “as applicable” from the last sentence of the note and change the paragraph reference from paragraph
(h)to paragraph (i). Boeing explains that the current wording is difficult to follow. We partially agree. We have clarified the paragraph reference from paragraph
(h)to paragraph (i). However, we do not agree to revise the note further. Boeing submitted a similar comment to another NPRM (Docket No. FAA-2006-26710), and the note in this AD is based on that comment. No additional change is necessary. In addition, we have used this note in several similar ADs and have not received any comments from operators requesting clarification. We have not changed this AD in this regard. Request To Have AD Address Part Number (P/N) S343T003-39 Actuators AirTran Airways notes that the motor-operated shutoff valves are rotable parts which can be moved from airplane to airplane. AirTran states that the NPRM does not address P/N S343T003-39 actuators that may have been installed on airplanes outside of the applicability range of the service bulletins referred to in the NPRM. We infer that AirTran would like us to prohibit installation of P/N S343T003-39 actuators on any airplane. We disagree. No P/N S343T003-39 actuator is approved to replace either a P/N S343T003-56 or P/N S343T003-66 actuator. Should we determine that P/N S343T003-39 is installed and unsafe on other airplanes, we might consider additional rulemaking. We have not changed the AD in this regard. Request To Have AD Address P/N S343T003-56 Actuators AirTran requests that the AD allow for installation of either a P/N S343T003-56 or P/N S343T003-66 actuator in the AD. AirTran explains that Boeing considers P/N S343T003-56 fully interchangeable with P/N S343T003-66 and states that installing a P/N S343T003-56 actuator should meet the intent of the AD. We disagree; the two actuators are not fully interchangeable, but rather only in one direction. If an airplane currently has a P/N S343T003-56 actuator installed, then an operator can install a P/N S343T003-66 actuator; if an airplane has a P/N S343T003-66 actuator currently installed, then it is not possible to install a P/N S343T003-56 actuator. However, if an operator has a P/N S343T003-56 actuator currently installed, no action is required by this AD. This AD addresses airplanes that currently have a P/N S343T003-39 actuator installed. The P/N S343T003-56 actuator has not been approved as a field replacement for the P/N S343T003-39. However, under the provisions of paragraph
(i)of the AD, we will consider requests for approval of an alternative method of compliance if sufficient data are submitted to substantiate that the design change would provide an acceptable level of safety. We have not changed the AD in this regard. Request To Reconsider Mandating Installation of P/N S343T003-66 Actuators Boeing requested an ex parte meeting with the FAA to discuss the new motor-operated valves, which Boeing states have reliability issues in service. Boeing states that these issues could affect the FAA's decision to mandate the installation fleet-wide. During the meeting, held October 10, 2007, Boeing reviewed problems with the actuators and the design changes made since 2005. The Special Federal Aviation Regulation
(SFAR)88 review determined that the electrical switches for P/N S343T003-39 actuators were not isolated from the actuator shaft that enters the tank. During a lightning, hot short, or fault current event, it is possible that electrical energy could enter the fuel tank through the actuator shaft. The new P/N S343T003-56 actuator added an isolation feature, but created nuisance failure indications on the flight deck. Boeing then developed the P/N S343T003-66 actuator to correct the indication problem. The P/N S343T003-66 actuator reduced the number of events, but operators are still experiencing dispatch delays and unscheduled removals. Boeing also pointed out problems with the P/N S343T003-66 actuators on other Boeing airplane models, though not to the extent seen on Boeing Model 737 airplanes. Boeing is in the process of re-designing the actuator, an effort that will take approximately 12 months. Boeing specifies that the isolation feature is not affected by the indication problems, and that the valves are opening and closing as commanded. We disagree with the request to reconsider mandating the installation of P/N S343T003-66 actuators. The problems with the P/N S343T003-66 actuators that Boeing pointed out do not constitute a new unsafe condition. We consider that to delay this particular AD action in order to wait for the re-designed actuator would be inappropriate, since we have determined that an unsafe condition exists and that replacement of certain parts must be accomplished to ensure continued safety. Therefore, no change has been made to the AD in this regard. However, when a new actuator is developed, approved, and available, we might consider additional rulemaking then. 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 There are about 2,916 airplanes of the affected design in the worldwide fleet. This AD affects about 1,406 airplanes of U.S. registry. The average labor rate is $80 per work hour. The table titled “Estimated Costs” provides costs to comply with this AD. Estimated Costs Action Work hours Cost per airplane Number of U.S.-registered airplanes Fleet cost Inspection for motor operated valve actuators 1 $80 1,406 $112,480 AWL revisions 3 240 1,406 337,440 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): **2008-06-03 Boeing:** Amendment 39-15415. Docket No. FAA-2007-28662; Directorate Identifier 2007-NM-014-AD. Effective Date
(a)This AD becomes effective April 16, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Boeing Model 737-600, -700, -700C, -800 and -900 series airplanes; and Boeing Model 757-200, -200PF, -200CB, and -300 series airplanes; certificated in any category; as identified in Boeing Alert Service Bulletins 737-28A1207, dated February 15, 2007, and 757-28A0088, dated January 25, 2007. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections and maintenance actions. Compliance with these limitations is required by 14 CFR 43.16 and 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these limitations, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 43.16 and 91.403(c), the operator must request approval for revision to the airworthiness limitations
(AWLs)in the Boeing 737-600/700/700C/700IGW/800/900 Maintenance Planning Data
(MPD)Document D626A001-CMR and the Boeing 757 MPD Document D622N001-9, as applicable, according to paragraph
(i)of this AD. Unsafe Condition
(d)This AD results from a design review of the fuel tank systems. We are issuing this AD to prevent electrical energy from lightning, hot shorts, or fault current from entering the fuel tank through the actuator shaft, which could result in fuel tank explosions and consequent loss 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. Service Bulletin Reference
(f)The term “service bulletin,” as used in this AD, means the Accomplishment Instructions of the following service bulletins, as applicable:
(1)For Model 737-600, -700, -700C, -800 and -900 series airplanes: Boeing Alert Service Bulletin 737-28A1207, dated February 15, 2007; and
(2)For Model 757-200, -200PF, -200CB, and -300 series airplanes: Boeing Alert Service Bulletin 757-28A0088, dated January 25, 2007. Inspection and Related Investigative/Corrective Actions
(g)Within 60 months after the effective date of this AD: Inspect the applicable motor-operated valves
(MOVs)to determine whether an MOV with the affected part number identified in the Accomplishment Instructions of the applicable service bulletin is installed. A review of airplane maintenance records is acceptable in lieu of this inspection if the part number of the part can be conclusively determined from that review. Do all applicable related investigative and corrective actions before further flight. Do all actions in accordance with the Accomplishment Instructions of the applicable service bulletin. Revision of AWLs Section
(h)Concurrently with the actions specified in paragraph
(g)of this AD: Revise the AWLs section of the Instructions for Continued Airworthiness by incorporating the information specified in paragraphs (h)(1) and (h)(2) of this AD, as applicable. Accomplishing the revision in accordance with a later revision of the MPD document is an acceptable method of compliance if the revision is approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA.
(1)Section F., “AIRWORTHINESS LIMITATIONS—FUEL SYSTEM AWLs,” of Boeing 737-600/700/700C/700IGW/800/900 MPD Document D626A001-CMR, Section 9, Revision November 2006 R1, into the MPD to incorporate AWL No. 28-AWL-21, No. 28-AWL-22, and No. 28-AWL-24.
(2)Section G., “AIRWORTHINESS LIMITATIONS—FUEL SYSTEM AWLs,” of Boeing 757 MPD Document D622N001, Section 9, Revision January 2007, into the MPD Document to incorporate AWL No. 28-AWL-23, No. 28-AWL-24, and No. 28-AWL-25. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, Seattle ACO, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Material Incorporated by Reference
(j)You must use the service information listed in Table 1 of this AD 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 these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; 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.* Table 1.—Material Incorporated by Reference Service information Revision Date Boeing 737-600/700/700C/700IGW/800/900 Maintenance Planning Data Document D626A001-CMR, Section 9 November 2006 R1 November 2006. Boeing 757 Maintenance Planning Data Document D622N001, Section 9 January 2007 January 2007. Boeing Alert Service Bulletin 737-28A1207 Original February 15, 2007. Boeing Alert Service Bulletin 757-28A0088 Original January 25, 2007. Issued in Renton, Washington, on February 28, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4486 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25658; Directorate Identifier 2006-NM-054-AD; Amendment 39-15406; AD 2008-05-12] RIN 2120-AA64 Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing AD that applies to certain Airbus Model A318, A319, A320, and A321 airplanes. That AD currently requires repetitive detailed inspections of the inboard flap trunnions for any wear marks and of the sliding panels for any cracking at the long edges, and corrective actions if necessary. This new AD adds airplanes that were recently added to the type certificate data sheet and changes the inspection type. This AD results from reports of wear damage to the inboard flap trunnions after incorporation of the terminating modification. We are issuing this AD to detect and correct wear of the inboard flap trunnions, which could lead to loss of flap surface control and consequently result in the flap detaching from the airplane. A detached flap could result in damage to the tail of the airplane. DATES: This AD becomes effective April 16, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of April 16, 2008. On March 24, 2006 (71 FR 8439, February 17, 2006), the Director of the Federal Register approved the incorporation by reference of Airbus Service Bulletin A320-57-1133, excluding Appendix 01, dated July 28, 2005. On January 8, 2001 (65 FR 75603, December 4, 2000), the Director of the Federal Register approved the incorporation by reference of certain other publications listed in the AD. ADDRESSES: For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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 this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-2125; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a second supplemental notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 2006-04-06, amendment 39-14487 (71 FR 8439, February 17, 2006). The existing AD applies to certain Airbus Model A318, A319, A320, and A321 airplanes. That second supplemental NPRM was published in the **Federal Register** on August 16, 2007 (72 FR 45982). That second supplemental NPRM proposed to supersede an existing AD that currently requires repetitive detailed inspections of the inboard flap trunnions for any wear marks and of the sliding panels for any cracking at the long edges, and corrective actions if necessary. That second supplemental NPRM proposed to add airplanes that were recently added to the type certificate data sheet and change the inspection type. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Include Revised Service Information Airbus asks that Airbus Service Bulletin A320-57-1133, Revision 03, dated July 3, 2007, be incorporated into the AD. (We referred to Revision 02, dated December 12, 2006, of that service bulletin as the appropriate source of service information for accomplishing certain actions specified in the second supplemental NPRM.) We agree with Airbus and have changed the applicable paragraphs in this AD to refer to Revision 03 of Airbus Service Bulletin A320-57-1133 for accomplishing certain actions, as no additional work is required by this revision. We have also changed paragraph
(k)of this AD to give credit to operators who have accomplished the actions in accordance with Airbus Service Bulletin A320-57-1133, Revision 02, dated December 12, 2006, before the effective date of this AD. Request To Include Inspections Removed From Second Supplemental NPRM Under the “Request to Remove Certain Requirements” section of the second supplemental NPRM, certain requirements were removed based on a previous recommendation from Airbus. Regarding that recommendation, Airbus notes that Model A321-211 and -231 airplanes that are pre-modification 26495, and on which Airbus Service Bulletin A320-27-1117, Revision 04, dated November 6, 2001, was not applied, should have dedicated procedures included in the AD. Airbus states that the inspections specified in Airbus Service Bulletin A320-27-1108, Revision 04, dated November 22, 1999, provide those procedures. We agree with Airbus, although there are no U.S. operators of Model A321-211 and -231 airplanes that are specified in the effectivity that are pre-modification 26495. In the unlikely event that an operator has an airplane configuration that is pre-modification 26495, or on which Airbus Service Bulletin A320-27-1117 was applied, we have determined that the alternative inspections specified in Airbus Service Bulletin A320-27-1108, Revision 04, can be used, as the inspections provide an acceptable level of safety. We have added a new paragraph
(p)to this AD to include the alternate inspections. 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. 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 Parts Cost per airplane Number of U.S.- registered airplanes Fleet cost Modification in AD 2006-04-06 14 $80 The manufacturer states that it will supply required parts to operators at no cost $1,120 768 $860,160. Detailed inspection in AD 2006-04-06 2 80 None $160, per inspection cycle 768 $122,880, per inspection cycle. General visual inspection (new action) 1 80 None $80, per inspection cycle 754 $60,320, per inspection cycle. Currently, there are no affected Model A321-211 and -231 airplanes on the U.S. Register. However, if an affected airplane is imported and placed on the U.S. Register in the future, the required inspection would take about 1 work hour, at an average labor rate of $80 per work hour. Based on these figures, we estimate the cost of this AD to be $80 per airplane, 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 removing amendment 39-14487 (71 FR 8439, February 17, 2006) and adding the following new airworthiness directive (AD): **2008-05-12 Airbus:** Amendment 39-15406. Docket No. FAA-2006-25658; Directorate Identifier 2006-NM-054-AD. Effective Date
(a)This AD becomes effective April 16, 2008. Affected ADs
(b)This AD supersedes AD 2006-04-06. Applicability
(c)This AD applies to the airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category.
(1)Airbus Model A318-111, -112, -121, and -122 airplanes on which Airbus Modification 26495 has been incorporated in production.
(2)All Airbus Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model A320-111 airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. Unsafe Condition
(d)This AD results from reports of wear damage to the inboard flap trunnions after incorporation of the terminating modification. We are issuing this AD to detect and correct wear of the inboard flap trunnions, which could lead to loss of flap surface control and consequently result in the flap detaching from the airplane. A detached flap could result in damage to the tail 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. Restatement of Requirements of AD 2006-04-06 Modification
(f)For Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model A320-111 airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, and -131 airplanes; except those on which Airbus Modification 26495 has been accomplished in production: Within 18 months after January 8, 2001 (the effective date of AD 2000-24-02, amendment 39-12009), modify the sliding panel driving mechanism of the flap drive trunnions, in accordance with Airbus Service Bulletin A320-27-1117, Revision 02, dated January 18, 2000; or Revision 04, dated November 6, 2001. As of the effective date of this AD, only Revision 04 may be used. Note 1: Accomplishment of the modification required by paragraph
(f)of this AD before January 8, 2001, in accordance with Airbus Service Bulletin A320-27-1117, dated July 31, 1997; or Revision 01, dated June 25, 1999; is acceptable for compliance with that paragraph. Detailed Inspections
(g)For Model A318-111 and -112 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model A320-111 airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, and -131 airplanes: At the latest of the applicable times specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD, do a detailed inspection of the inboard flap trunnions for any wear marks and of the sliding panels for any cracking at the long edges, and do any corrective actions, as applicable, by accomplishing all of the applicable actions specified in the Accomplishment Instructions of Airbus Service Bulletin A320-57-1133, dated July 28, 2005; Revision 01, dated August 7, 2006; or Revision 03, dated July 3, 2007, except as provided by paragraph
(n)of this AD. As of the effective date of this AD, only Revision 03 may be used. Any corrective actions must be done at the compliance times specified in Figures 5 and 6, as applicable, of the service bulletin; except as provided by paragraphs (k), (l), and
(m)of this AD. Repeat the inspection thereafter at intervals not to exceed 4,000 flight hours until the inspection required by paragraph
(h)of this AD is done. Note 2: 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.”
(1)Before accumulating 4,000 total flight hours on the inboard flap trunnion since new.
(2)Within 4,000 flight hours after accomplishing paragraph
(f)of this AD.
(3)Within 600 flight hours after March 24, 2006 (the effective date of AD 2006-04-06). New Requirements of This AD General Visual Inspections
(h)*For all airplanes:* At the time specified in paragraph (h)(1) or (h)(2) of this AD, as applicable, do a general visual inspection of the inboard flap trunnions for any wear marks and of the sliding panels for any cracking at the long edges, and do all applicable corrective actions by accomplishing all of the applicable actions specified in the Accomplishment Instructions of Airbus Service Bulletin A320-57-1133, Revision 03, dated July 3, 2007; except as provided by paragraphs
(i)and
(o)of this AD. All corrective actions must be done at the compliance times specified in Figures 5 and 6, as applicable, of the service bulletin; except as provided by paragraphs (l), (m), and
(n)of this AD. Repeat the inspection thereafter at intervals not to exceed 4,000 flight hours. Accomplishing the general visual inspection required by this paragraph terminates the detailed inspection requirement of paragraph
(g)of this AD. Note 3: For the purposes of this AD, a general visual inspection is: “A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to ensure visual access to all surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.”
(1)For airplanes on which the detailed inspection required by paragraph
(g)of this AD has been done before the effective date of this AD: Inspect before accumulating 4,000 total flight hours on the inboard flap trunnion since new, or within 4,000 flight hours after accomplishing the most recent inspection required by paragraph
(g)of this AD, whichever occurs later.
(2)For airplanes other than those identified in paragraph (h)(1) of this AD: Inspect at the latest of the applicable times specified in paragraphs (h)(2)(i), (h)(2)(ii), and (h)(2)(iii) of this AD.
(i)Before accumulating 4,000 total flight hours on the inboard flap trunnion since new.
(ii)Within 4,000 flight hours after accomplishing paragraph
(f)of this AD.
(iii)Within 600 flight hours after the effective date of this AD.
(i)Where Airbus Service Bulletin A320-57-1133, Revision 03, dated July 3, 2007, specifies to contact the manufacturer for instructions on how to repair certain conditions: Before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA)(or its delegated agent), or the Direction Générale de l'Aviation Civile
(DGAC)(or its delegated agent). Actions Done Using Previous Issues of Service Information
(j)Accomplishing the modification required by paragraph
(f)of this AD before the effective date of this AD, in accordance with Airbus Service Bulletin A320-27-1117, Revision 03, dated August 24, 2001, is acceptable for compliance with the requirements of that paragraph.
(k)Accomplishing the inspections and corrective actions required by paragraphs
(g)and
(h)of this AD before the effective date of this AD, in accordance with Airbus Service Bulletin A320-57-1133, dated July 28, 2005; Revision 01, dated August 7, 2006; or Revision 02, dated December 12, 2006; is acceptable for compliance with the requirements of that paragraph. Compliance Times
(l)Where Airbus Service Bulletin A320-57-1133, Revision 03, dated July 3, 2007, specifies replacing the sliding panel at the next opportunity if damaged, replace it within 600 flight hours after the inspection required by paragraph
(g)or
(h)of this AD, as applicable.
(m)If any damage to the trunnion is found during any inspection required by paragraph
(g)or
(h)of this AD, before further flight, do the corrective actions specified in Airbus Service Bulletin A320-57-1133, Revision 03, dated July 3, 2007. Grace Period Assessment
(n)Where Airbus Service Bulletin A320-57-1133, Revision 03, dated July 3, 2007, specifies contacting the manufacturer for a grace period assessment after replacing the trunnion or flap, contact the Manager, International Branch, ANM-116; or the Direction Générale de l'Aviation Civile (or its delegated agent) for the grace period assessment. No Reporting Requirement
(o)Although Airbus Service Bulletin A320-57-1133, Revision 03, dated July 3, 2007, specifies to submit certain information to the manufacturer, this AD does not include that requirement. Alternate Inspections
(p)For Model A321-211 and -231 airplanes that have not been modified in accordance with Airbus Modification 26495, or on which the actions specified in Airbus Service Bulletin A320-27-1117, Revision 04, dated November 6, 2001, have not been done as of the effective date of this AD: Do the inspections specified in Airbus Service Bulletin A320-27-1108, Revision 04, dated November 22, 1999; at the applicable time specified in paragraph 1.E., “Compliance” of the service bulletin; except, where the service bulletin specifies a compliance time after the date of French airworthiness directive 96-271-092(B), this AD requires compliance within the specified compliance time after the effective date of this AD. Do all applicable corrective actions before further flight. Do the actions in accordance with the Accomplishment Instructions of the service bulletin. Alternative Methods of Compliance (AMOCs) (q)(1) The Manager, International Branch, ANM-116, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)AMOCs approved previously in accordance with AD 2006-04-06, amendment 39-14487, are approved as AMOCs for the corresponding provisions of this AD.
(3)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Related Information
(r)French airworthiness directive F-2005-139, dated August 3, 2005, also addresses the subject of this AD. Material Incorporated by Reference
(s)You must use the service information contained in Table 1 of this AD to do the actions required by this AD, unless the AD specifies otherwise. Table 1.—All Material Incorporated by Reference Airbus Service Bulletin No. Revision Date A320-27-1117 02 January 18, 2000. A320-27-1117 04 November 6, 2001. A320-57-1133, excluding Appendix 01 Original July 28, 2005. A320-57-1133 01 August 7, 2006. A320-57-1133, excluding Appendix 01 03 July 3, 2007.
(1)The Director of the Federal Register approved the incorporation by reference of the service information contained in Table 2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Table 2.—New Material Incorporated by Reference Airbus Service Bulletin No. Revision Date A320-27-1117 04 November 6, 2001. A320-57-1133 01 August 7, 2006. A320-57-1133, excluding Appendix 01 03 July 3, 2007.
(2)On March 24, 2006 (71 FR 8439, February 17, 2006), the Director of the Federal Register approved the incorporation by reference of Airbus Service Bulletin A320-57-1133, excluding Appendix 01, dated July 28, 2005.
(3)On January 8, 2001 (65 FR 75603, December 4, 2000), the Director of the Federal Register approved the incorporation by reference of Airbus Service Bulletin A320-27-1117, Revision 02, dated January 18, 2000.
(4)Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 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.* Issued in Renton, Washington, on February 25, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-3989 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27611; Directorate Identifier 2007-CE-024-AD; Amendment 39-15408; AD 2008-05-14] RIN 2120-AA64 Airworthiness Directives; Sierra Hotel Aero, Inc. Models Navion (L-17A), Navion A (L-17B), (L-17C), Navion B, Navion D, Navion E, Navion F, Navion G, and Navion H Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: The FAA adopts a new airworthiness directive
(AD)for all Sierra Hotel Aero, Inc. (formerly Navion Aircraft LLC) Models Navion (L-17A), Navion A (L-17B), (L-17C), Navion B, Navion D, Navion E, Navion F, Navion G, and Navion H airplanes. This AD requires you to do a one-time inspection of the entire fuel system and repetitive functional tests of certain fuel selector valves. This AD results from reports of airplane accidents associated with leaking or improperly operating fuel selector valves. We are issuing this AD to detect and correct fuel system leaks or improperly operating fuel selector valves, which could result in the disruption of fuel flow to the engine. This failure could lead to engine power loss. DATES: This AD becomes effective on April 16, 2008. On April 16, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: To get the service information identified in this AD, contact the following: —For Sierra Hotel Aero, Inc. service information contact: Sierra Hotel Aero, 1690 Aeronca Lane, South St. Paul, MN 55075; *phone:*
(651)306-1456; *fax:*
(612)677-3171; *Internet: http://www.navion.com/servicebulletins.html* ; e-mail: *servicebulletinsupport@navion.com.* —For American Navion Society
(ANS)service information contact: American Navion Society, Ltd., PMB 335, 16420 SE McGillivray #103, Vancouver, WA 98683-3461; *telephone:*
(360)833-9921; *fax:*
(360)833-1074; *e-mail: flynavion@yahoo.com.* To view the AD docket, go to U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at *http://www.regulations.gov.* The docket number is FAA-2007-27611; Directorate Identifier 2007-CE-024-AD. FOR FURTHER INFORMATION CONTACT: Tim Smyth, Aerospace Engineer, Chicago Aircraft Certification Office (ACO), 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; *telephone:*
(847)294-7132; *fax:*
(847)294-7834. SUPPLEMENTARY INFORMATION: Discussion On April 6, 2007, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all Sierra Hotel Aero, Inc. Models Navion (L-17A), Navion A (L-17B), (L-17C), Navion B, Navion D, Navion E, Navion F, Navion G, and Navion H airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking
(NPRM)on April 12, 2007 (72 FR 18413). The NPRM proposed to detect and correct fuel system leaks or improperly operating fuel selector valves, which could result in the disruption of fuel flow to the engine. Comments We provided the public the opportunity to participate in developing this AD. The FAA has reviewed 111 public comments submitted to the docket pertaining to the proposed rulemaking activity which would impose a mandatory airworthiness inspection on all Navion airplane fuel systems. This proposed action includes testing of the fuel system selector valve for proper operation and replacement with a serviceable unit if necessary. The public responded to this published notice with significant personal and technical information. The FAA appreciates the detailed technical information submitted for consideration in addressing this important airworthiness issue. Many commenters spent a considerable amount of time researching and organizing extensive data to support their positions and to help the FAA address this unsafe condition. In addition, several commenters provided their Navion airplane system knowledge and expertise by proposing alternative corrective actions that will benefit all Navion owners and operators. This is one of the benefits of the rulemaking process. It became clear that the majority of commenters were presenting similar points or positions. Because of this, we have grouped and categorized similar statements or positions. A total of 19 categories have been developed with a statement that summarizes the viewpoints, information, or position(s) submitted by the commenters. The FAA has addressed each summarized statement below. The following presents the comments received on the proposal and FAA's response to each comment: Comment Issue No. 1: Data Does Not Support Issuance of an AD Richard W. Crapse and 38 other commenters believe the accident database information and other service difficulty reporting data does not support the issuance of an AD and requests the NPRM be withdrawn. The FAA does not agree. There have been a number of Navion accident investigations where it has been determined that the fuel selector valve condition contributed to the cause of the accident. The overall number of accidents is small (nine accidents generally related to the fuel system with three of those reported accidents directly citing the fuel valve in the preliminary NTSB reports as a potential cause in the accidents). However, these reports have highlighted the fact that some selector valves may be reaching the limit of their serviceable life (many over 50 years old) and require additional inspections, checks, maintenance, or replacement to help address continued airworthiness. We are not changing the final rule AD action based on this comment. Comment Issue No. 2: The Corrective Action Could Create Safety Problems John B. Conklin and 18 other commenters state the proposed service information corrective action could create more safety problems than it would solve. We infer that they think the corrective actions should be modified to eliminate potential problems the current proposed corrective actions would cause. The FAA partially agrees. The FAA is always cognizant that inspections, checks, or modifications can potentially create maintenance induced errors that can affect continued airworthiness. However, the FAA believes the procedures in the service information minimize this potential concern. We believe this action addresses the unsafe condition for these airplanes while minimizing the risk of introducing new safety hazards. We are not changing the final rule AD action based on this comment. Comment Issue No. 3: There Are Other Fuel System Related Safety Issues Ripley Quinby and 12 other commenters cite that there are potentially more fuel system related safety issues than just the selector valve (e.g., engine primer system, gascolator, flexible fuel lines, etc.). We infer the commenters believe we should take additional AD action. Based on the submitted comments and data, it has been shown that a comprehensive fuel system inspection or check would enhance the continued airworthiness of the Navion airplane. The FAA appreciates the commenter's input regarding other potential safety issues and will monitor the continued airworthiness of the Navion airplanes. The FAA may take additional rulemaking action on these airplanes. We are not changing the final rule AD action based on this comment. Comment Issue No. 4: The Vacuum Test Is Too Severe William Wade and 17 other commenters state the proposed 24 inches of mercury vacuum test is too severe and will potentially fail good fuel selector valves. The type certificate
(TC)holder's published procedure does not have a calibration standard to ensure accurate testing results and at high altitude locations 24 inches of mercury vacuum may be impossible to obtain. The commenters request we decrease the mercury vacuum test to less than the 24 inches required in the TC holder's service bulletin. The FAA partially agrees. The FAA accepted the TC holder's 24 inches of mercury vacuum test as the proper value to ensure fuel selector integrity. Because of the rigorous standard cited by the TC holder, it is not necessary to have a calibration standard procedure to compare against. The published service bulletin procedure is conservative enough to account for some deviation in the testing procedure and still address the continued airworthiness of the fuel selector valve. In regards to high altitude vacuum testing, we have changed the AD to allow for a 1 inch of mercury reduction from the 24 inches of mercury standard for every 1,000 feet of pressure altitude over sea level testing conditions. We have also added the ANS Field Service Bulletin No. 1001, dated April 30, 2007, as an option to comply with this AD. The public stated and FAA recognizes that the Navion fuel system actually creates a fuel system vacuum of less than 10 inches of mercury. The FAA will consider an alternative method of compliance
(AMOC)to this requirement. The public is encouraged to submit substantiating data to support an alternative approach. Comment Issue No. 5: Add AMOCs Aircraft Owners and Pilots Association
(AOPA)and ANS along with 49 other commenters request that the FAA consider AMOCs to the published service documentation cited in the NPRM. The FAA agrees. The FAA has reviewed the ANS Field Service Bulletin No. 1001, dated April 30, 2007, and has added this option to the AD. In addition, several commenters submitted documentation showing that certain manufactured fuel selector valves can be serviced in the field by airframe and powerplant (A&P) mechanics or other appropriately rated facilities. Finally, several commenters cite other airplane manufacturer (TC holder) service information that describes simplified testing methods to ascertain the continued airworthiness of the entire fuel system. If the commenters formalize and tailor these methods for the Navion airplane, the FAA will review and consider all AMOC requests we receive provided they follow the procedures in 14 CFR 39.19 and this AD. We are changing the final rule AD action by adding ANS Field Service Bulletin No. 1001, dated April 30, 2007, as an option to comply with this AD. Comment Issue No. 6: The Replacement Fuel Selector Valve Orifice Is Undersized Richard E. Holmes and 11 other commenters question the replacement fuel selector valve orifice size to provide adequate fuel flow for larger engine installations. They question whether the required fuel selector outlet orifice size needs to be larger than what is currently specified in the TC holder's service documentation. The FAA researched this issue and found that the replacement fuel selector valve that is specified in the AD provides adequate flow requirements for the larger engine installations and satisfies 14 CFR part 23 fuel flow compliance requirements. Several commenters also submitted extensive service experience showing acceptable fuel flow rates for the valves installed in Navion airplanes. We are not changing the final rule AD action based on this comment. Comment Issue No. 7: Delron Parts Richard B. Olwin and four other commenters question the TC holder's position that Delron (“Plastic”) parts in certain fuel selector valve designs cause a safety issue. They request that the FAA allow the use of fuel selector valves that have plastic parts. The FAA agrees with this comment. We have looked into this issue and found that FAA-approved parts manufacturer approval
(PMA)fuel selector valves with plastic parts in their design exist. No service difficulty reports directly related to this issue were found. We will continue to monitor these parts, but at this time we find no unsafe condition. The fuel selector valves required in the service information for this AD do not contain plastic parts. If someone wants to use a fuel selector valve with plastic parts, the FAA will review and consider all AMOC requests we receive provided they follow the procedures in 14 CFR 39.19 and this AD. We are not changing the final rule AD action based on this comment. Comment Issue No. 8: Navion Fuel System Is An Unsafe Condition Richard E. Holmes cites a Navion Fuel system accumulator tank issue, and he thinks we infer that this tank needs replacing. He requests that we clarify whether this issue is part of our AD actions. We agree that the accumulator tank is part of the fuel system, and we require a one-time inspection of the entire fuel system. However, this AD action is not focused on the accumulator tank but on the fuel selector valve. Although the fuel system accumulator tank is outside the scope of this rulemaking effort, we researched this issue and found no service difficulty data to show this to be an unsafe condition. We are not changing the final rule AD action based on this comment. Comment Issue No. 9: Reference Documents Richard E. Holmes requests we provide the referenced documentation cited in the NPRM. This information is available in the AD docket file and can be accessed by the public. The street address for the Docket Office (telephone
(800)647-5527) is in the ADDRESSES section. In addition, the TC holder has this information available at their Web site *http://www.sierrahotelaero.com.* Comment Issue No. 10: Lack of Proper Maintenance Andrew B. Woodside and eight other commenters believe the fuel system problems can be traced back to lack of proper maintenance. They request the AD action be withdrawn. The FAA agrees that maintenance has contributed to the unsafe condition. If proper maintenance is being performed, the likelihood of having air introduced into the engine, which may cause loss of power, is minimized. In one instance, the owner had maintenance performed on his fuel selector valve to fix a leaking problem, but it appears this repair caused a power loss on takeoff. However, because of the actual reported accidents and their associated cause, the FAA has determined that the existing continued airworthiness instructions are inadequate and additional fuel system inspections and corrective actions are needed to help maintain the continued airworthiness of the Navion airplanes. We are not changing the final rule AD action based on this comment. Comment Issue No. 11: Unclear AD Matt Hunsaker and six other commenters state the AD is not well thought out. They request we withdraw the proposed AD action. The FAA disagrees. Service history and the NPRM published on April 12, 2007, substantiate why we should take corrective action to address this unsafe condition. The TC holder has developed and published what they believe is the proper corrective action to address the unsafe condition. We have changed the final rule AD action to include another compliance action as an option based on the response to the NPRM. Moreover, the public may always propose AMOCs to show compliance to the corrective action requirements cited in the AD. The FAA will review and consider all AMOC requests we receive provided they follow the procedures in 14 CFR 39.19 and this AD. Comment Issue No. 12: AD Will Make Money for TC Holder Leo Burke and 15 other commenters state the TC holder is using the AD process to make money for the TC holder. They request the AD be revised to allow other methods of compliance. The FAA disagrees that the AD process is being used for monetary gain. We issue ADs when an unsafe condition has been identified and the condition is likely to exist or develop in other products of the same type design (14 CFR 39.5). Service history and the NPRM published on April 12, 2007, substantiate why we should take corrective action to address this unsafe condition. Our regulatory responsibility does not address whether the TC holder's service bulletins are profitable, only whether they fully address the identified unsafe condition. We have reviewed and added another option for addressing the unsafe condition in this final rule AD action. We will also review other AMOC requests we receive provided they follow the procedures in 14 CFR 39.19 and this AD. Comment Issue No. 13: Add Sierra Hotel Aero, Inc. Service Bulletin 101A Sierra Hotel Aero, Inc. and one other commenter suggest we add Sierra Hotel Aero, Inc. Navion Service Bulletin No. 106A, dated May 1, 2007, to the final rule AD. FAA agrees to add this service bulletin, which provides instructions to replace the fuel selector valve. Comment Issue No. 14: Difference in Fuel Selector Valve Operation Ron Natalie and four other commenters cite that the replacement fuel selector valves may operate differently causing pilot confusion and fuel mismanagement accidents. They request that the AD address potential changes in the fuel selector operation. The FAA agrees there are several valve options to replace a defective valve and not all these valve options operate exactly the same way. One valve design has a mechanical lockout stop that prevents the pilot from selecting the fuel shutoff position without a separate and distinct action. The valve placard labeling may be somewhat different. There can be 3-position or as many as a 5-position valve design installed. There may be more than one fuel selector in the fuel system. Because of field-approved and supplemental type certificate
(STC)fuel system modifications, there are variations in the field. It is the responsibility of the pilot to understand the fuel system he or she is operating and be well versed in the fuel management procedures for that particular airplane. We are not changing the final rule AD action based on this comment. Comment Issue No. 15: Continued Airworthiness Information Andrew B. Woodside suggests that Navion owners have access to the continued airworthiness information, acquire it, and use it. The FAA agrees. We provide the contact information for obtaining additional information from both Sierra Hotel Aero (TC Holder) and the American Navion Society in paragraph (h)(2) of this final rule AD action. Comment Issue No. 16: Modified Fuel Systems Tony B. Russell and six other commenters state the NPRM does not address modified Navion fuel systems accomplished by field approval, STC, or other appropriate methods. The FAA partially agrees. The FAA recognizes that many Navion airplanes have modified fuel systems that can include auxiliary fuel and wing tip fuel tanks. However, we have no way of determining which airplanes have modified fuel systems that could include auxiliary fuel and wing tip fuel tanks, and therefore, we cannot exempt these airplanes from the AD. We are not changing the final rule AD action based on this comment. The FAA will consider AMOC requests to satisfy the AD compliance requirements. This can be accomplished on a case-by-case basis, or in the case of an STC holder they can submit an AMOC proposal for their STC design approval provided they follow the procedures in 14 CFR 39.19 and this AD. Comment Issue No. 17: Different Testing Acceptance Criteria Maynard Keith Franklin and three other commenters cite that other Navion service documentation defines different (higher) leak rates for other fuel system components (e.g., gascolator) than what is defined in the fuel selector valve testing requirements. They request that we standardize the leakage rates for the fuel system inspection. The FAA partially agrees. The FAA determined that there are other acceptable leak rates that might be lower than the rate cited in the TC holder's service bulletin. Those previous Navion maintenance publications for fuel system components include the fuel system gascolator. For this final rule action, we are using the TC holder's requirements cited in the current service bulletin to address the test and acceptance criteria for the fuel selector. However, if someone submits substantiating data, the FAA will review and consider all AMOC requests we receive provided they follow the procedures in 14 CFR 39.19 and this AD to show compliance with the TC holder's published service documentation. We are not changing the final rule AD action based on this comment. Comment Issue No. 18: Unsafe Installation of Replacement Fuel Selector Valve Ron Judy and six other commenters state that the proposed replacement valve may cause installation safety issues. They request that we or the TC holder provide instructions that address installation fit problems for all aircraft. The FAA disagrees. After discussing with the TC holder, we have confirmed the proposed replacement valve can be properly installed. We have also confirmed with a representative of ANS that a replacement valve can be properly installed. Any discrepancy that is found during installation must be handled on a case-by-case basis and documented using FAA Form 337. We are not changing the final rule AD action based on this comment. Comment Issue No. 19: Repair of Fuel Selector Valve Mike Pettaway and three other commenters state that an A&P mechanic can repair a fuel selector valve since that type of repair is cited in the (A&P) practical testing standards. The FAA partially agrees. It is true that an A&P mechanic is trained to disassemble, repair, and re-assemble various components and assemblies; however, even when this type of work is performed in the field, the work must be accomplished with some form of FAA accepted or approved data (e.g. manufacturer service instruction(s), manufacturer's service bulletins, maintenance manuals, etc.). The mechanic does not have the authority to perform repairs on the fuel selector valve itself without the manufacturer's supporting continued airworthiness data or an FAA-approved or accepted procedure. We are not changing this final rule AD action based on this comment. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for the changes previously discussed and minor editorial corrections. We have determined that these minor corrections: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 1,500 airplanes in the U.S. registry. We estimate the following costs to do the inspection: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 7 work-hours × $80 per hour = $560 N/A $560 $840,000 We estimate the following costs to do any necessary replacements that would be required based on the results of the inspection. We have no way of determining the number of airplanes that may need this repair/replacement: Labor cost Parts cost Total cost per airplane 3 work-hours × $80 per hour = $240 $1,000 $1,240 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 AD. 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 the 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 summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES . Include “Docket No. FAA-2007-27611; Directorate Identifier 2007-CE-024-AD” in your request. 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 Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. FAA amends § 39.13 by adding a new AD to read as follows: **2008-05-14 Sierra Hotel Aero, Inc.:** Amendment 39-15408; Docket No. FAA-2007-27611; Directorate Identifier 2007-CE-024-AD. Effective Date
(a)This AD becomes effective on April 16, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Models Navion (L-17A), Navion A (L-17B), (L-17C), Navion B, Navion D, Navion E, Navion F, Navion G, and Navion H airplanes, all serial numbers, that are certificated in any category. Unsafe Condition
(d)This AD results from reported airplane accidents associated with leaking or improperly operating fuel system selector valves. We are issuing this AD to detect and correct fuel system leaks or improperly operating fuel selector valves, which could result in the disruption of fuel flow to the engine. This failure could lead to engine power loss. Compliance
(e)To address this problem, you must do the following actions, unless already done: TABLE 1.—Actions, Compliance, and Procedures Actions Compliance Procedures
(1)Do a one-time inspection of the entire fuel system Within the next 100 hours time-in-service
(TIS)after April 16, 2008 (the effective date of this AD) or within the next 12 months after April 16, 2008 (the effective date of this AD), whichever occurs first Follow Sierra Hotel Aero, Inc. Navion Service Bulletin No. 106A, dated May 1, 2007; or American Navion Society, Ltd. Field Service Bulletin No. 1001, dated April 30, 2007.
(2)Unless within the last 5 years you have replaced the fuel selector valve with one of the valves specified in paragraphs (e)(3)(i) or (e)(3)(ii) of this AD, do the functional tests of the fuel selector valves. If using Sierra Hotel Aero, Inc. service information, you may allow for a 1 inch of mercury reduction from the 24 inches of mercury standard for every 1000 feet of altitude over sea level testing conditions Initially within the next 100 hours time-in-service
(TIS)after April 16, 2008 (the effective date of this AD) or within the next 12 months after April 16, 2008 (the effective date of this AD), whichever occurs first. Repetitively thereafter inspect and do functional tests of the fuel selector valve at intervals not to exceed 12 months until the replacement required by paragraph (e)(3) of this AD is done Follow Sierra Hotel Aero, Inc. Navion Service Bulletin No. 106A, dated May 1, 2007; or American Navion Society, Ltd. Field Service Bulletin No. 1001, dated April 30, 2007.
(3)If during any of the inspections or tests required in paragraphs (e)(1) or (e)(2) of this AD you find any defects, perform any corrective actions required, including replacing the fuel selector valve with one of the part numbers (P/N) specified in paragraphs (e)(3)(i) or (e)(3)(ii) of this AD Before further flight after any inspection required by this AD where corrective actions are necessary. You may at any time after April 16, 2008 (the effective date of this AD) replace the fuel selector valve with the applicable P/N as specified in the service information as terminating action for the repetitive inspections and functional tests required in paragraph (e)(2) of this AD
(i)For replacement with Navion P/Ns 147-30013-201, 147-30013-202, or 147-30013-203 use the following service information:
(A)Sierra Hotel Aero, Inc. Navion Service Bulletin No. 106A, dated May 1, 2007.
(B)Sierra Hotel Aero, Inc. Navion Service Bulletin No. 101A, dated August 23, 2005.
(C)Navion Aircraft Corporation Navion Service letter #87, dated February 20, 1965.
(ii)For replacement with Navion P/Ns 145-48000-ANSI, 145-48000-ANS2, 145-48000-ANS3, or Osborne Tank Co. P/N 4090, submit proposed installation procedures following the alternative method of compliance
(AMOC)procedures specified in paragraph
(g)of this AD.
(f)If within the last 5 years or at any time after April 16, 2008 (the effective date of this AD) you have replaced the fuel selector valve with any of the valves specified in paragraphs (e)(3)(i) and (e)(3)(ii) of this AD you may terminate the repetitive inspections and functional tests of the fuel selector valve required in paragraph (e)(2) of this AD. Alternative Methods of Compliance (AMOCs)
(g)The Manager, Chicago Aircraft Certification Office, FAA, ATTN: Tim Smyth, Aerospace Engineer, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone:
(847)294-7132; fax:
(847)294-7834, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Material Incorporated by Reference
(h)You must use the service information specified in Table 2 of this AD 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 the following:
(i)For Sierra Hotel Aero, Inc. service information contact: Sierra Hotel Aero, 1690 Aeronca Lane, South St. Paul, MN 55075; phone:
(651)306-1456; fax:
(612)677-3171; Internet: *http://www.navion.com/servicebulletins.html; e-mail: servicebulletinsupport@navion.com* .
(ii)For American Navion Society service information contact: American Navion Society, Ltd., PMB 335, 16420 SE McGillivray #103, Vancouver, WA 98683-3461; telephone:
(360)833-9921; fax:
(360)833-1074; e-mail: flynavion@yahoo.com.
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, 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/code_of_federal_regulations/ibr_locations.html* . Table 2.—Material Incorporated by Reference Service Bulletin No. Revision Date Sierra Hotel Aero, Inc., Navion Service Bulletin No. 106 A 1 May 1, 2007. Sierra Hotel Aero, Inc., Navion Service Bulletin No. 101A 1 August 23, 2005. Navion Aircraft Corporation Navion Service Letter No. 87 February 20, 1965. American Navion Society, Ltd. Field Service Bulletin No. 1001 April 30, 2007. Issued in Kansas City, Missouri, on February 28, 2008. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4267 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0229; Directorate Identifier 2007-NM-042-AD; Amendment 39-15417; AD 2008-06-05] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330-200, A330-300, A340-200, and A340-300 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to all Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes. That AD currently requires a revision of the airplane flight manual to include procedures for a pre-flight elevator check before each flight, repetitive inspections for cracks of the attachment lugs of the mode selector valve position transducers on the elevator servo controls, and corrective actions if necessary. This new AD retains the existing requirements, reduces the applicability of the existing AD, and adds terminating actions. For certain airplanes, this AD requires upgrading the flight control primary computers. This AD results from a report of cracks of the transducer body at its attachment lugs. We are issuing this AD to ensure proper functioning of the elevator surfaces, and to prevent cracking of the attachment lugs, which could result in partial loss of elevator function and consequent reduced controllability of the airplane. DATES: This AD becomes effective April 16, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of April 16, 2008. ADDRESSES: For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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 this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-2797; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 2004-03-24, amendment 39-13468 (69 FR 6549, February 11, 2004). The existing AD applies to all Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes. That NPRM was published in the **Federal Register** on November 26, 2007 (72 FR 65897). That NPRM proposed to retain the existing requirements, reduce the applicability of the existing AD, and add terminating actions. New Service Information Airbus has issued Revision 03 of Airbus Service Bulletins A330-27-3115 and A340-27-4119, both dated April 22, 2005. In the NPRM, we referred to Revision 02 dated December 30, 2003, of those service bulletins as the appropriate sources of service information for accomplishing certain required actions. Revision 03 of the service bulletins updates the operator and aircraft effectivity to show the latest information. No additional work is required by this revision of the service bulletins. We have changed paragraph
(h)of this AD to refer to Airbus Service Bulletins A330-27-3115 and A340-27-4119, both Revision 03, both dated April 22, 2005. We have also added paragraph (h)(3) to the AD to give credit to operators that have done the actions previously in accordance with Revision 02 of those service bulletins. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comment that has been received on the NPRM. Request To Extend Compliance Time for the Modification Air Transport Association
(ATA)and one of its members, Northwest Airlines (NWA), state that the terminating action specified in the proposed AD should be mandated at a maximum of 24 months after the effective date for coordination with the aircraft C-check intervals. NWA adds that the repetitive tests of the elevator servo-loops will ensure continued safe operation until terminating action is accomplished. We do not agree with the request from ATA and NWA to extend the compliance time. In developing an appropriate compliance time for this action, we considered the urgency associated with the subject unsafe condition, the availability of required parts, and the practical aspect of accomplishing the required modification within a period of time that corresponds to the normal scheduled maintenance for most affected operators. In light of these items, we have determined that a 17-month compliance time is appropriate. However, according to the provisions of paragraph
(p)of the AD, we might approve requests to adjust the compliance time if the request includes data that justify that the new compliance time would provide an acceptable level of safety. Conclusion We have carefully reviewed the available data, including the comment that has been 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 of the affected Model A330-200 and A330-300 series airplanes 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 AFM revision (required by AD 2004-03-24) 1 $80 $80 29 $2,320. Inspection (required by AD 2004-03-24) 4 80 $320, per inspection cycle 29 $9,280, per inspection cycle. Inspection (new action) 1 80 $80 29 $2,320. Currently, there are no affected Model A340-200 and A340-300 series airplanes on the U.S. Register. However, if an affected airplane is imported and placed on the U.S. Register in the future, the upgrade of the flight control primary computers (FCPCs) would take about 2 work hours, at an average labor rate of $80 per work hour. The manufacturer states that it would supply required parts to the operators at no cost. Based on these figures, we estimate the cost of this AD for Model A340-200 and A340-300 series airplanes to be $160 per airplane. 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 removing amendment 39-13468 (69 FR 6549, February 11, 2004) and by adding the following new airworthiness directive (AD): **2008-06-05 Airbus:** Amendment 39-15417. Docket No. FAA-2007-0229; Directorate Identifier 2007-NM-042-AD. Effective Date
(a)This AD becomes effective April 16, 2008. Affected ADs
(b)This AD supersedes AD 2004-03-24. Applicability
(c)This AD applies to the airplanes identified in Table 1 of this AD, certificated in any category. Table 1.—Applicability Airbus model— Excluding those airplanes on which any of the following— Has been installed— A330-200, A330-300, A340-200, and A340-300 series airplanes Airbus Modification 50394, 52195, 53969, or 54833 In production. Airbus Service Bulletin A330-27-3128, dated May 3, 2005 In service. Airbus Service Bulletin A340-27-4129, dated May 3, 2005 In service. Airbus Service Bulletin A330-27-3136, Revision 01, dated July 19, 2006 In service. Airbus Service Bulletin A340-27-4135, dated January 12, 2006 In service. Goodrich Actuation Systems Service Bulletin SC4800-27-16, Revision 3, dated May 19, 2006 In service. Unsafe Condition
(d)This AD results from a report of cracks of the transducer body at its attachment lugs. We are issuing this AD to ensure proper functioning of the elevator surfaces, and to prevent cracking of the attachment lugs, which could result in partial loss of elevator function and consequent reduced controllability 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. Requirements of AD 2004-03-24 Airplane Flight Manual
(AFM)Revision
(f)Within 30 days after February 26, 2004 (the effective date of AD 2004-03-24), revise the Limitations section of the AFM to include a pre-flight elevator check, by including the following language. This may be done by inserting a copy of this AD into the applicable AFM. Thereafter perform the pre-flight check before every flight in accordance with the procedure. *Prior or During Taxi:* “FLIGHT CONTROLS—CHECK 1. AT A CONVENIENT STAGE, PRIOR TO OR DURING TAXI, AND BEFORE ARMING THE AUTOBRAKE, THE PF SILENTLY APPLIES FULL LONGITUDINAL AND LATERAL SIDESTICK DEFLECTION. ON THE F/CTL PAGE, THE PNF CHECKS FULL TRAVEL OF ALL ELEVATORS AND ALL AILERONS, AND THE CORRECT DEFLECTION AND RETRACTION OF ALL SPOILERS. THE PNF CALLS OUT “FULL UP,” “FULL DOWN,” “NEUTRAL,” “FULL LEFT,” “FULL RIGHT,” “NEUTRAL,” AS EACH FULL TRAVEL/NEUTRAL POSITION IS REACHED. THE PF SILENTLY CHECKS THAT THE PNF CALLS ARE IN ACCORDANCE WITH THE SIDESTICK ORDER. **NOTE:** IN ORDER TO REACH FULL TRAVEL, FULL SIDESTICK MUST BE HELD FOR A SUFFICIENT PERIOD OF TIME. 2. THE PF PRESSES THE PEDAL DISC PUSHBUTTON ON THE NOSEWHEEL TILLER, AND SILENTLY APPLIES FULL LEFT RUDDER, FULL RIGHT RUDDER, AND NEUTRAL. THE PNF CALLS OUT “FULL LEFT,” “FULL RIGHT,” “NEUTRAL,” AS EACH FULL TRAVEL/NEUTRAL POSITION IS REACHED. 3. THE PNF APPLIES FULL LONGITUDINAL AND LATERAL SIDESTICK DEFLECTION, AND SILENTLY CHECKS FULL TRAVEL AND CORRECT SENSE OF ALL ELEVATORS AND ALL AILERONS, AND CORRECT DEFLECTION AND RETRACTION OF ALL SPOILERS, ON THE ECAM F/CTL PAGE.” Note 1: Full and complete elevator travel (position commanded) can be verified on the ECAM Flight Control Page. A determination of “correct sense” should include verification that there is complete and full motion of the sidesticks without binding.
(g)If any pre-flight check required by paragraph
(f)of this AD reveals improper function of the elevator: Before further flight, perform the inspections required by paragraph
(h)of this AD. Inspections
(h)At the applicable time specified in paragraph (h)(1) or (h)(2) of this AD, except as required by paragraph
(g)of this AD: Perform a dye penetrant inspection of the attachment lugs of the mode selector valve position transducers on each elevator servo control installed at damping positions 3CS1 and 3CS2. Do the inspection in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-27-3115 or A340-27-4119, both Revision 03, both including Appendix 01, both dated April 22, 2005, as applicable (in paragraphs
(h)through
(k)of this AD, referred to as “the service bulletin”). An inspection that is done before February 26, 2004, is acceptable for compliance with the initial inspection requirement of this paragraph, if the inspection is done in accordance with any of the following Airbus all operators telexes (AOTs): AOT A330-27A3115 or A340-27A4119, dated September 11, 2003, or Revision 01 of each AOT dated September 25, 2003; as applicable. Repeat the inspection thereafter at intervals not to exceed 350 flight cycles, until the applicable actions required by paragraphs
(m)and
(n)of this AD have been done.
(1)If the age of the servo control from the date of its first installation on the airplane can be positively determined: Do the inspection before the accumulation of 1,000 total flight cycles on the elevator servo control, or within 350 flight cycles on the servo control after February 26, 2004, whichever occurs later.
(2)If the age of the servo control from the date of its first installation on the airplane cannot be positively determined, do the inspection within 350 flight cycles on the servo control after February 26, 2004.
(3)Actions done before the effective date of this AD in accordance with Airbus Service Bulletin A330-27A3115 or A340-27A4119, both Revision 02, both including Appendix 01, both dated December 30, 2003, are acceptable for compliance with the corresponding requirements of this AD. Note 2: The service bulletin refers to Goodrich Actuation Systems Inspection Service Bulletin SC4800-27-13 as an additional source of service information for the inspection. Corrective Actions
(i)If any crack is found during any inspection required by paragraph
(h)of this AD: Before further flight, replace either the transducer or servo control with a new part, in accordance with the service bulletin. Reporting Requirement
(j)If any crack is found during any inspection required by paragraph
(h)of this AD: Submit a report in accordance with the service bulletin at the applicable time(s) specified in paragraphs (j)(1) and (j)(2) of this AD: Submit reports to Airbus Customer Services, Engineering and Technical Support, *Attention:* J. Laurent, SEE53, fax +33/(0)5.61.93.44.25, Sita Code TLSBQ7X. Under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 *et seq.* ), the Office of Management and Budget
(OMB)has approved the information collection requirements contained in this AD and has assigned OMB Control Number 2120-0056.
(1)*For an initial inspection done before February 26, 2004:* Submit the report within 30 days after February 26, 2004.
(2)*For an inspection done after February 26, 2004:* Submit the report within 30 days after the inspection. Parts Installation
(k)As of February 26, 2004, no person may install the following part on any airplane: a transducer, or a transducer fitted on an elevator servo control, in the operator's inventory before September 25, 2003, unless that transducer has been inspected in accordance with the service bulletin and is crack free. New Requirements of This AD Upgrade Flight Control Primary Computers (FCPCs)
(l)For Model A340-200 and -300 series airplanes: Within 2 months after the effective date of this AD, upgrade the three FCPCs in accordance with the Accomplishment Instructions of Airbus Service Bulletin A340-27-4131, dated February 21, 2005. Note 3: Airbus Service Bulletin A340-27-4131 refers to Airbus Vendor Service Bulletins LA2K0-27-017 and LA2K1-27-009, both dated January 25, 2005, as additional sources of service information for upgrading the FCPCs. Terminating Actions
(m)Within 17 months after the effective date of this AD, do the actions specified in Table 2 of this AD. Table 2.—Terminating Actions Inspect— In accordance with the Accomplishment Instructions of Airbus Service Bulletin— And if— Then— In accordance with—
(1)The elevator servo control to determine whether part number (P/N) SC4800-7A or -9 is installed A330-27-3128, dated May 3, 2005 (for Model A330-200 and -300 series airplanes); or A340-27-4129, dated May 3, 2005 (for Model A340-200 and -300 series airplanes); as applicable P/N SC4800-7A or -9 is found installed Modify the four elevator servo controls The Accomplishment Instructions of the applicable Airbus Service Bulletin.
(2)The elevator servo controls, P/N SC4800-10 and SC4800-11 to determine the serial number (S/N) installed None S/N 2324 or below is found installed Replace the mode selector valve position transducer
(MVT)of the elevator servo controls with a new MVT Paragraphs 3.A.(2) and 3.B.(2) of the Accomplishment Instructions of Goodrich Actuation Systems Service Bulletin SC4800-27-16, Revision 3, dated May 19, 2006. Note 4: Airbus Service Bulletins A330-27-3128 and A340-27-4129 refer to Goodrich Actuation Systems Service Bulletin SC4800-27-16, Revision 3, dated May 19, 2006, as an additional source of service information for accomplishing the modification of the four elevator servo controls.
(n)Prior to or concurrently with the replacement, if required, specified in paragraph (m)(2) of this AD, replace the eye-end equipped with a self-lubricated bearing with a new eye-end equipped with a roller bearing, grease the new eye-end, and reidentify the servo control, in accordance with paragraph 2.A. of the Accomplishment Instructions of TRW Service Bulletin SC4800-27-34-09, Revision 1, dated November 9, 2001.
(o)Accomplishing all of the applicable actions required by paragraphs
(m)and
(n)of this AD constitutes terminating action for paragraphs
(f)through
(k)of this AD. Alternative Methods of Compliance (AMOCs) (p)(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)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Related Information
(q)European Aviation Safety Agency airworthiness directive 2007-0011, dated January 9, 2007, also addresses the subject of this AD. Material Incorporated by Reference
(r)You must use the applicable service information contained in Table 3 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise. Table 3.—Material Incorporated by Reference Service Bulletin Revision level Date Airbus Service Bulletin A330-27-3115, including Appendix 01 03 April 22, 2005. Airbus Service Bulletin A330-27-3128 Original May 3, 2005. Airbus Service Bulletin A340-27-4119, including Appendix 01 03 April 22, 2005. Airbus Service Bulletin A340-27-4129 Original May 3, 2005. Airbus Service Bulletin A340-27-4131 Original February 21, 2005. Goodrich Actuation Systems Service Bulletin SC4800-27-16 3 May 19, 2006. TRW Service Bulletin SC4800-27-34-09 1 November 9, 2001. Goodrich Actuation Systems Service Bulletin SC4800-27-16, Revision 3, contains the following effective pages: Page No. Revision level shown on page Date shown on page 1, 6, 8 Original May 9, 2005. 2-5, 7 3 May 19, 2006.
(1)The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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.* Issued in Renton, Washington, on February 28, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4488 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29342; Directorate Identifier 2007-SW-08-AD; Amendment 39-15411; AD 2008-05-17] RIN 2120-AA64 Airworthiness Directives; MD Helicopters, Inc. Model 600N Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This document supersedes an existing airworthiness directive
(AD)for MD Helicopters, Inc.
(MDHI)Model 600N helicopters. That AD currently requires interim initial and repetitive inspections of tailboom parts, installing six inspection holes in the aft fuselage skin panels, installing tailboom attachment bolt washers, modifying both access covers, and replacing broken attachment bolts. The current AD also provides for modifying the fuselage aft section as an optional terminating action. This amendment requires modifying the fuselage aft section within the next 24 months to strengthen the tailboom attachment fittings and upper longerons. The actions specified by this AD are intended to prevent failure of the tailboom attachment fittings, separation of the tailboom from the helicopter, and subsequent loss of control of the helicopter. DATES: Effective April 16, 2008. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 16, 2008. ADDRESSES: You may get the service information identified in this AD from MD Helicopters Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, Arizona 85215-9734, telephone 1-800-388-3378, fax 480-346-6813, or on the Internet at *http://www.mdhelicopters.com.* EXAMINING THE DOCKET: You may examine the docket that contains this AD, any comments, and other information on the Internet at *http://www.regulations.gov* or at the Docket Operations office, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Jon Mowery, Aviation Safety Engineer, FAA, Los Angeles Aircraft Certification Office, Airframe Branch, 3960 Paramount Blvd., Lakewood, California 90712, telephone
(562)627-5322, fax
(562)627-5210. SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 by superseding AD 2006-08-12, Amendment 39-14569 (71 FR 24808, April 27, 2006), which superseded AD 2001-24-51, Amendment 39-12706 (67 FR 17934, April 12, 2002), for the specified MDHI model helicopters was published in the **Federal Register** on October 19, 2007 (72 FR 59227). The action proposed to require modifying the fuselage aft section within the next 24 months to strengthen the tailboom attachment fittings and upper longerons. On January 12, 2004, MDHI issued Technical Bulletin
(TB)TB600N-007 specifying procedures, tooling, replacement parts, and supplies needed for modifying the fuselage aft section and tailboom. TB600N-007R1, dated April 13, 2006, superseded TB600N-007 to correct some tooling, replacement parts, and supplies. TB600N-007R2, dated October 5, 2006, superseded TB600N-007R1 to correct tooling part numbers and re-sequence some assembly steps. These TBs specify that any aircraft complying with any of these revisions meets the intent of the other TBs. In AD 2006-08-12, we incorporated by reference TB600N-007R1, dated April 13, 2006. Since issuing that AD, MDHI has issued TB600N-007R2, dated October 5, 2006 (TB), which updates previous issues by further specifying procedures for modifying the fuselage aft section to strengthen the tailboom attachment fittings and upper longerons. This latest revision continues to caution that a high level of sheet metal expertise and experience is required to perform this modification. Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require adopting the rule as proposed. The FAA estimates that this AD will affect 18 helicopters of U.S. registry, and the required actions will take about 322 work hours to modify each helicopter at an average labor rate of $80 per work hour. Required parts will cost about $14,960 per helicopter. The manufacturer states in its TB that those complying with the TB within 3 years of the issue date are eligible for special pricing and technical assistance. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $732,960, assuming no special pricing from the manufacturer. 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 the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the 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 an economic evaluation of the estimated costs to comply with this AD. See the AD docket to examine the economic evaluation. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by removing Amendment 39-14569 (71 FR 24808, April 27, 2006) and by adding a new airworthiness directive (AD), Amendment 39-15411, to read as follows: **2008-05-17 MD Helicopters, Inc.:** Amendment 39-15411, Docket No. FAA-2007-29342, Directorate Identifier 2007-SW-08-AD. Supersedes AD 2006-08-12, Amendment 39-14569, Docket No. FAA-2006-24518, Directorate Identifier 2006-SW-10-AD. *Applicability:* Model 600N helicopters, serial numbers with a prefix “RN” and 003 through 058, that have not been modified in the fuselage aft section to strengthen the tailboom attachments and longerons per MD Helicopters
(MDHI)Technical Bulletin
(TB)TB600N-007, dated January 12, 2004; TB600N-007R1, dated April 13, 2006, or TB600N-007R2, dated October 5, 2006, certificated in any category. *Compliance:* Required within the next 24 months, unless accomplished previously. To prevent failure of the tailboom attachment fittings, separation of the tailboom from the helicopter, and subsequent loss of control of the helicopter, do the following:
(a)Modify the fuselage aft section to strengthen the tailboom attach fittings and upper longerons by following paragraph 2, Accomplishment Instructions, of MDHI TB600N-007R2, dated October 5, 2006, except you are not required to contact the manufacturer. This modification to the fuselage aft section is terminating action for the requirements of this AD.
(b)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Los Angeles Aircraft Certification Office, FAA, Attn: Jon Mowery, Aviation Safety Engineer, Airframe Branch, 3960 Paramount Blvd., Lakewood, California 90712, telephone
(562)627-5322, fax
(562)627-5210, for information about previously approved alternative methods of compliance.
(c)Modifying the fuselage aft section shall be done by following the specified portions of MD Helicopters Technical Bulletin
(TB)TB600N-007R2, dated October 5, 2006. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from MD Helicopters Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, Arizona 85215-9734, telephone 1-800-388-3378, fax 480-346-6813, or on the Internet at *http://www.mdhelicopters.com.* Copies may be inspected at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 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/code_of_federal_regulations/ibr_locations.html* .
(d)This amendment becomes effective on April 16, 2008. Issued in Fort Worth, Texas, on February 27, 2008. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E8-4489 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0414; Directorate Identifier 2007-NM-340-AD; Amendment 39-15413; AD 2008-06-01] RIN 2120-AA64 Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank safety standards * * *. [A]ssessment showed that supplemental maintenance tasks [for the fuel tank wiring harness installation, and the hydraulic system No. 3 temperature transducer, among other items] are required to prevent potential ignition sources inside the fuel system, which could result in a fuel tank explosion. * * * We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective April 16, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 16, 2008. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Rocco Viselli, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone
(516)228-7331; fax
(516)794-5531. 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 January 4, 2008 (73 FR 830). (A correction of the rule was published in the **Federal Register** on January 31, 2008 (73 FR 5767).) That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank standards introduced in Chapter 525 of the Airworthiness Manual through Notice of Proposed Amendment
(NPA)2002-043. The identified non-compliances were then assessed using Transport Canada Policy Letter No. 525-001, to determine if mandatory corrective action is required. The assessment showed that supplemental maintenance tasks [for the fuel tank wiring harness installation, and the hydraulic system No. 3 temperature transducer, among other items] are required to prevent potential ignition sources inside the fuel system, which could result in a fuel tank explosion. Revision has been made to Canadair Regional Jet Models CL-600-2C10, CL-600-2D15 and CL-600-2D24 Maintenance Requirements Manual, CSP B-053, Part 2, Section 3 “Fuel System Limitations” to introduce the required maintenance tasks. The corrective action is revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Changes Made to This AD For standardization purposes, we have revised this AD in the following ways: • We revised paragraph (f)(1) of this AD to add a reference to “Transport Canada Civil Aviation
(TCCA)(or its delegated agent)” for approval of a particular document. We also revised paragraph (f)(2) of this AD to specify that no alternative inspections or inspection intervals may be used unless they are part of a later approved revision of Section 3, “Fuel System Limitations,” of Part 2 of Bombardier CL-600-2C10, CL-600-2D15, and CL-600-2D24 Maintenance Requirements Manual CSP B-053, Revision 9, dated July 20, 2007, or unless they are approved as an alternative method of compliance (AMOC). Inclusion of this paragraph in the AD is intended to ensure that the AD-mandated airworthiness limitations changes are treated the same as the airworthiness limitations issued with the original type certificate. • In addition, we have simplified the language in Note 1 of this AD to clarify that an operator must request approval for an alternative method of compliance
(AMOC)if an operator cannot accomplish the required inspections because an airplane has been previously modified, altered, or repaired in the areas addressed by the required inspections. Conclusion We reviewed the relevant data and determined that air safety and the public interest require adopting the AD with the changes described previously. We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. 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 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 our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect about 289 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the AD on U.S. operators to be $23,120, or $80 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 the 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://www.regulations.gov* ; or in person at the Docket Operations office 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 Operations office (telephone
(800)647-5527) 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 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 FAA amends § 39.13 by adding the following new AD: **2008-06-01 Bombardier, Inc. (Formerly Canadair):** Amendment 39-15413. Docket No. FAA-2007-0414; Directorate Identifier 2007-NM-340-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective April 16, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to all Bombardier Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes, certificated in any category, all serial numbers. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (g)(1) of this AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane. Subject
(d)Air Transport Association
(ATA)of America Code 28: Fuel. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank standards introduced in Chapter 525 of the Airworthiness Manual through Notice of Proposed Amendment
(NPA)2002-043. The identified non-compliances were then assessed using Transport Canada Policy Letter No. 525-001, to determine if mandatory corrective action is required. The assessment showed that supplemental maintenance tasks [for the fuel tank wiring harness installation, and the hydraulic system No. 3 temperature transducer, among other items] are required to prevent potential ignition sources inside the fuel system, which could result in a fuel tank explosion. Revision has been made to Canadair Regional Jet Models CL-600-2C10, CL-600-2D15 and CL-600-2D24 Maintenance Requirements Manual, CSP B-053, Part 2, Section 3 “Fuel System Limitations” to introduce the required maintenance tasks. The corrective action is revising the Airworthiness Limitations Section
(ALS)of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. Actions and Compliance
(f)Unless already done, do the following actions.
(1)Within 60 days after the effective date of this AD, or on or before December 16, 2008, whichever occurs first, revise the ALS of the Instructions for Continued Airworthiness to incorporate the inspection requirements Section 3, “Fuel System Limitations,” of Part 2 of Bombardier CL-600-2C10, CL-600-2D15, and CL-600-2D24 Maintenance Requirements Manual CSP B-053, Revision 9, dated July 20, 2007 (“the MRM”). For task numbers 24-90-00-601, 24-90-00-602, 28-00-00-601, 28-11-23-601, 28-11-23-602, 28-12-13-601, 29-30-00-601, and 29-30-00-602, the initial compliance times start from the later of the times specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, and the repetitive inspections must be accomplished thereafter at the interval specified in the MRM, except as provided by paragraphs (f)(1) and (g)(1) of this AD. Accomplishing the revision in accordance with a later revision of the MRM is an acceptable method of compliance if the revision is approved by the Manager, New York Aircraft Certification Office (ACO), FAA, or Transport Canada Civil Aviation
(TCCA)(or its delegated agent).
(i)The effective date of this AD.
(ii)The date of issuance of the original Canadian standard airworthiness certificate or the date of issuance of the original Canadian export certificate of airworthiness.
(2)After accomplishing the actions specified in paragraph (f)(1) of this AD, no alternative inspections or inspection intervals may be used, unless the inspection or interval is part of a later revision of the Section 3, “Fuel System Limitations,” of Part 2 of Bombardier CL-600-2C10, CL-600-2D15, and CL-600-2D24 Maintenance Requirements Manual CSP B-053, Revision 9, dated July 20, 2007, that is approved by the Manager, New York ACO, FAA, or TCCA (or its delegated agent); or unless the inspection or interval is approved as an alternative method of compliance
(AMOC)in accordance with the procedures specified in paragraph (g)(1) of this AD. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, New York Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to Attn: Rocco Viselli, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone
(516)228-7331; fax
(516)794-5531. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(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)Refer to MCAI Canadian Airworthiness Directive CF-2007-28, dated November 22, 2007; and Section 3, “Fuel System Limitations,” of Part 2 of Bombardier CL-600-2C10, CL-600-2D15, and CL-600-2D24 Maintenance Requirements Manual CSP B-053, Revision 9, dated July 20, 2007; for related information. Material Incorporated by Reference
(i)You must use Section 3, “Fuel System Limitations,” of Part 2 of Bombardier CL-600-2C10, CL-600-2D15, and CL-600-2D24 Maintenance Requirements Manual CSP B-053, Revision 9, dated July 20, 2007, 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 Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; 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://wwws.archives.gov/federal-register/cfr/ibr-locations.html* . Issued in Renton, Washington, on February 28, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4494 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0413; Directorate Identifier 2007-NM-341-AD; Amendment 39-15414; AD 2008-06-02] RIN 2120-AA64 Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank safety standards * * *. [A]ssessment showed that supplemental maintenance tasks [for certain bonding jumpers, wiring harnesses, and hydraulic systems, among other items] are required to prevent potential ignition sources inside the fuel system, which could result in a fuel tank explosion. * * * We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective April 16, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 16, 2008. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Rocco Viselli, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone
(516)228-7331; fax
(516)794-5531. 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 January 4, 2008 (73 FR 833). (A correction of the rule was published in the **Federal Register** on January 31, 2008 (73 FR 5767).) That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank standards introduced in Chapter 525 of the Airworthiness Manual through Notice of Proposed Amendment
(NPA)2002-043. The identified non-compliances were then assessed using Transport Canada Policy Letter No. 525-001, to determine if mandatory corrective action is required. The assessment showed that supplemental maintenance tasks [for certain bonding jumpers, wiring harnesses, and hydraulic systems, among other items] are required to prevent potential ignition sources inside the fuel system, which could result in a fuel tank explosion. Revision has been made to Canadair Regional Jet Model CL-600-2B19 Maintenance Requirements Manual, CSP A-053, Part 2, Appendix D, “Fuel System Limitations” to introduce the required maintenance tasks. The corrective action is revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Changes Made to This AD For standardization purposes, we have revised this AD in the following ways: • We have revised paragraph (f)(1) of this AD to add a reference to “Transport Canada Civil Aviation
(TCCA)(or its delegated agent)” for approval of a particular document. We also revised paragraph (f)(5) of this AD to specify that no alternative inspections or inspection intervals may be used unless they are part of a later approved revision of Appendix D, “Fuel System Limitations,” of Part 2, “Airworthiness Requirements,” of Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-053, Revision 7, dated May 10, 2007, or unless they are approved as an alternative method of compliance (AMOC). Inclusion of this paragraph in the AD is intended to ensure that the AD-mandated airworthiness limitations changes are treated the same as the airworthiness limitations issued with the original type certificate. • In addition, we have simplified the language in Note 1 of this AD to clarify that an operator must request approval for an alternative method of compliance
(AMOC)if an operator cannot accomplish the required inspections because an airplane has been previously modified, altered, or repaired in the areas addressed by the required inspections. Conclusion We reviewed the relevant data and determined that air safety and the public interest require adopting the AD with the changes described previously. We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. 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 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 our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD affects about 689 products of U.S. registry. We also estimate that it takes about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the AD on U.S. operators to be $55,120, or $80 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 the 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://www.regulations.gov;* or in person at the Docket Operations office 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 Operations office (telephone
(800)647-5527) 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 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 FAA amends § 39.13 by adding the following new AD: **2008-06-02 Bombardier, Inc. (Formerly Canadair):** Amendment 39-15414. Docket No. FAA-2007-0413; Directorate Identifier 2007-NM-341-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective April 16, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to all Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, certificated in any category, all serial numbers. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (g)(1) of this AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane. Subject
(d)Air Transport Association
(ATA)of America Code 28: Fuel. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank standards introduced in Chapter 525 of the Airworthiness Manual through Notice of Proposed Amendment
(NPA)2002-043. The identified non-compliances were then assessed using Transport Canada Policy Letter No. 525-001, to determine if mandatory corrective action is required. The assessment showed that supplemental maintenance tasks [for certain bonding jumpers, wiring harnesses, and hydraulic systems, among other items] are required to prevent potential ignition sources inside the fuel system, which could result in a fuel tank explosion. Revision has been made to Canadair Regional Jet Model CL-600-2B19 Maintenance Requirements Manual, CSP A-053, Part 2, Appendix D, “Fuel System Limitations” to introduce the required maintenance tasks. The corrective action is revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. Actions and Compliance
(f)Unless already done, do the following actions.
(1)Within 60 days after the effective date of this AD, or on or before December 16, 2008, whichever occurs first, revise the Airworthiness Limitations Section
(ALS)of the Instructions for Continued Airworthiness to incorporate the inspection and maintenance requirements, as applicable, in Appendix D, “Fuel System Limitations,” of Part 2, “Airworthiness Requirements,” of Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-053, Revision 7, dated May 10, 2007 (“the MRM”), task numbers 28-11-00-601, 28-11-00-602, 28-11-00-603, 28-11-00-604, 29-33-01-601, and 29-33-01-602. For those task numbers, the initial compliance times start from the later of the times specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, and the repetitive inspections must be accomplished thereafter at the interval specified in the MRM, except as provided by paragraphs (f)(2), (f)(3), (f)(4), (f)(5) and (g)(1) of this AD. Accomplishing the revision in accordance with a later revision of the MRM is an acceptable method of compliance if the revision is approved by the Manager, New York Aircraft Certification Office (ACO), FAA, or Transport Canada Civil Aviation
(TCCA)(or its delegated agent).
(i)The effective date of this AD.
(ii)The date of issuance of the original Canadian standard airworthiness certificate or the date of issuance of the original Canadian export certificate of airworthiness.
(2)For airplanes having more than 15,000 flight hours as of the effective date of this AD, the initial compliance time for Tasks 28-11-00-601, 28-11-00-602, 28-11-00-603, and 28-11-00-604 is within 5,000 flight hours after the effective date of this AD. Thereafter, these tasks must be accomplished within the repetitive interval specified in Appendix D, “Fuel System Limitations,” of Part 2, “Airworthiness Requirements,” of Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-053, Revision 7, dated May 10, 2007.
(3)For Task 29-33-01-601, the initial compliance time is within 5,000 flight hours after the effective date of this AD. Thereafter, task 29-33-01-601 must be accomplished within the repetitive interval specified in Appendix D, “Fuel System Limitations,” of Part 2, “Airworthiness Requirements,” of Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-053, Revision 7, dated May 10, 2007.
(4)For airplanes having more than 27,500 flight hours as of the effective date of this AD, the initial compliance time for Task 29-33-01-602 is within 2,500 flight hours after the effective date of this AD. Thereafter, this task must be accomplished within the repetitive interval specified in Appendix D, “Fuel System Limitations,” of Part 2, “Airworthiness Requirements,” of Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-053, Revision 7, dated May 10, 2007.
(5)After accomplishing the actions specified in paragraphs (f)(1), (f)(2), (f)(3), and (f)(4) of this AD, no alternative inspections or inspection intervals may be used unless the inspection or interval is part of a later revision of Appendix D, “Fuel System Limitations,” of Part 2, “Airworthiness Requirements,” of Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-053, Revision 7, dated May 10, 2007, that is approved by the Manager, New York ACO, FAA, or TCCA (or its delegated agent); or the limit or interval is approved as an alternative method of compliance
(AMOC)in accordance with the procedures specified in paragraph (g)(1) of this AD. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, New York Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Rocco Viselli, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone
(516)228-7331; fax
(516)794-5531. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(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)Refer to MCAI Canadian Airworthiness Directive CF-2007-29, dated November 22, 2007, and Appendix D, “Fuel System Limitations,” of Part 2, “Airworthiness Requirements,” of Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-053, Revision 7, dated May 10, 2007. Material Incorporated by Reference
(i)You must use Appendix D, “Fuel System Limitations,” of Part 2, “Airworthiness Requirements,” of Bombardier CL-600-2B19 Maintenance Requirements Manual CSP-053, Revision 7, dated May 10, 2007, 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 Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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* . Issued in Renton, Washington, on February 28, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4501 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0230; Directorate Identifier 2007-NM-043-AD; Amendment 39-15419; AD 2008-06-07] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330-200, A330-300, A340-200, and A340-300 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to all Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes. That AD currently requires an accelerated schedule of repetitive testing of the elevator servo control loops, and corrective actions if necessary. This new AD retains the existing requirements, reduces the applicability of the existing AD, and adds terminating actions. This AD results from reports of failed elevator servo controls due to broken guides. We are issuing this AD to prevent failure of the elevator servo controls during certain phases of takeoff, which could result in an unannounced loss of elevator control and consequent reduced controllability of the airplane. DATES: This AD becomes effective April 16, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of April 16, 2008. On November 29, 2005 (70 FR 69065, November 14, 2005), the Director of the Federal Register approved the incorporation by reference of Airbus All Operators Telex A330-27A3138, Revision 01, dated October 3, 2005; and Airbus All Operators Telex A340-27A4137, Revision 01, dated October 3, 2005. ADDRESSES: For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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 this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
(425)227-2797; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 2005-23-10, amendment 39-14368 (70 FR 69065, November 14, 2005). The existing AD applies to all Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes. That NPRM was published in the **Federal Register** on November 26, 2007 (72 FR 65906). That NPRM proposed to retain the existing requirements, reduce the applicability of the existing AD, and add terminating actions. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comment that has been received on the NPRM. Request To Extend Compliance Time for the Modification Air Transport Association
(ATA)and one of its members, Northwest Airlines (NWA), state that the terminating action specified in the proposed AD should be mandated at a maximum of 24 months after the effective date for coordination with the aircraft C-check intervals. NWA adds that the repetitive tests of the elevator servo-loops will ensure continued safe operation until terminating action is accomplished. We do not agree with the request from ATA and NWA to extend the compliance time. In developing an appropriate compliance time for this action, we considered the urgency associated with the subject unsafe condition, the availability of required parts, and the practical aspect of accomplishing the required modification within a period of time that corresponds to the normal scheduled maintenance for most affected operators. In light of these items, we have determined that a 17-month compliance time is appropriate. However, according to the provisions of paragraph
(q)of the AD, we may approve requests to adjust the compliance time if the request includes data that justify that the new compliance time would provide an acceptable level of safety. Conclusion We have carefully reviewed the available data, including the comment that has been submitted, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance The following table provides the estimated costs for U.S. operators of the affected Model A330-200 and A330-300 series airplanes to comply with this AD. Estimated Costs Action Work hour(s) Average labor rate per hour Parts Cost per airplane Number of U.S.- registered airplanes Fleet cost Inspection (required by AD 2005-23-10) 1 $80 None $80, per inspection cycle. 18 $1,440, per inspection cycle. Modifications (new actions) 28 80 The manufacturer states that it will supply required parts to the operators at no cost $2,240 18 $40,320. Currently, there are no affected Model A340-200 and A340-300 series airplanes on the U.S. Register. However, if an affected airplane is imported and placed on the U.S. Register in the future, the modification would take about 10 work hours, at an average labor rate of $80 per work hour. The manufacturer states that it will supply required parts to the operators at no cost. Based on these figures, we estimate the cost of this AD for Model A340-200 and A340-300 series airplanes to be $800 per airplane. 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 removing amendment 39-14368 (70 FR 69065, November 14, 2005), and by adding the following new airworthiness directive (AD): **2008-06-07 Airbus:** Amendment 39-15419. Docket No. FAA-2007-0230; Directorate Identifier 2007-NM-043-AD. Effective Date
(a)This AD becomes effective April 16, 2008. Affected ADs
(b)This AD supersedes AD 2005-23-10. Applicability
(c)This AD applies to the airplanes identified in Table 1 of this AD, certificated in any category. Table 1.—Applicability Airbus model— Excluding those airplanes on which any of the following— Has been installed— A330-200, A330-300, A340-200, and A340-300 series airplanes Airbus modification 54833 In production. Airbus Service Bulletin A330-27-3136, Revision 01, dated July 19, 2006 In service. Airbus Service Bulletin A340-27-4135, dated January 12, 2006 In service. Unsafe Condition
(d)This AD results from reports of failed elevator servo controls due to broken guides. We are proposing this AD to prevent failure of the elevator servo controls during certain phases of takeoff, which could result in an unannounced loss of elevator control and consequent reduced controllability 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. Requirements of AD 2005-23-10: Service Information
(f)The term “AOT,” as used in paragraphs
(g)through
(i)of this AD, means section 4.2. “Description” of the following service information, as applicable:
(1)For Model A330-200 and -300 series airplanes: Airbus All Operators Telex A330-27A3138, Revision 01, dated October 3, 2005; and
(2)For Model A340-200 and -300 series airplanes: Airbus All Operators Telex A340-27A4137, Revision 01, dated October 3, 2005. Initial and Repetitive Elevator Servo-Loop Tests
(g)Within 200 flight hours after November 29, 2005 (the effective date of AD 2005-23-10): Test the elevator servo-loops, in accordance with the AOT, except as provided by paragraph
(j)of this AD. If the test of the elevator servo-loops passes, repeat the test at intervals not to exceed 140 flight hours or 8 days, whichever occurs first. Failed Tests
(h)If any test of the elevator servo-loops required by paragraph
(g)of this AD fails: Before further flight, troubleshoot the cause of the test failure, and do the applicable corrective actions; in accordance with the AOT, except as provided by paragraph
(j)of this AD. Thereafter, repeat the test at the times specified in paragraph
(g)of this AD. Reporting Requirement
(i)Following each test required by paragraph
(g)of this AD, submit a report of the findings of only failed elevator servo-loop tests to Airbus Customer Services, Engineering and Technical Support, Attention: Mr. J. Laurent, SEE53, fax +33/(0)5.61.93.44.25; at the applicable time specified in paragraph (i)(1) or (i)(2) of this AD. The report must include the description of the failure experienced during the test, the identified cause of the failure, and the number of flight hours and flight cycles on the airplane. Under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 *et seq.* ), the Office of Management and Budget
(OMB)has approved the information collection requirements contained in this AD and has assigned OMB Control Number 2120-0056.
(1)If the test was done after November 29, 2005: Submit the report within 10 days after the test.
(2)If the test was done prior to November 29, 2005: Submit the report within 10 days after November 29, 2005. New Requirements of This AD New Service Information for Testing
(j)As of the effective date of this AD, do the actions required by paragraphs
(g)and
(h)of this AD in accordance with the Accomplishment Instructions of the following service bulletins, as applicable.
(1)For Model A330-200 and -300 series airplanes: Airbus Service Bulletin A330-27-3138, Revision 02, excluding Appendix 01, dated May 30, 2006; and
(2)For Model A340-200 and -300 series airplanes: Airbus Service Bulletin A340-27-4137, Revision 02, excluding Appendix 01, dated May 30, 2006. Terminating Actions
(k)Within 17 months after the effective date of this AD, modify the four elevator servo controls in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-27-3136, Revision 01, dated July 19, 2006 (for Model A330-200 and -300 series airplanes); or Airbus Service Bulletin A340-27-4135, dated January 12, 2006 (for Model A340-200 and -300 series airplanes); as applicable. Note 1: Airbus Service Bulletins A330-27-3136 and A340-27-4135 refer to Goodrich Actuation Systems Service Bulletin SC4800-27-18, Revision 1, dated May 19, 2006, as an additional source of service information for accomplishing the modification required by paragraph
(k)of this AD.
(l)Modifications done before the effective date of this AD in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-27-3136, dated January 12, 2006, are acceptable for compliance with the modification required by paragraph
(k)of this AD.
(m)Concurrently with the modification required by paragraph
(k)of this AD, modify the four elevator servo controls in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-27-3134, Revision 01, dated May 12, 2006 (for Model A330-200 and -300 series airplanes); or Airbus Service Bulletin A340-27-4132, dated October 13, 2005 (for Model A340-200 and -300 series airplanes); as applicable. Note 2: Airbus Service Bulletins A330-27-3134 and A340-27-4132 refer to Goodrich Actuation Systems Service Bulletin SC4800-27-17, Revision 2, dated May 19, 2006, as an additional source of service information for accomplishing the modification required by paragraph
(m)of this AD.
(n)Modifications done before the effective date of this AD in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-27-3134, dated October 13, 2005, are acceptable for compliance with the modification required by paragraph
(m)of this AD.
(o)Accomplishment of the modifications required by paragraphs
(k)and
(m)of this AD constitutes terminating action for the requirements of paragraphs
(f)through
(i)of this AD. Parts Installation
(p)As of the effective date of this AD, no person may install, on any airplane, an elevator servo control, unless it has been modified in accordance with paragraphs
(k)and
(m)of this AD. Alternative Methods of Compliance (AMOCs) (q)(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)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Related Information
(r)European Aviation Safety Agency airworthiness directive 2007-0008, dated January 9, 2007, also addresses the subject of this AD. Material Incorporated by Reference
(s)You must use the applicable Airbus service information contained in Table 2 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise. Table 2.—All Material Incorporated by Reference Service information Revision Date Airbus All Operators Telex A330-27A3138 01 October 3, 2005. Airbus All Operators Telex A340-27A4137 01 October 3, 2005. Airbus Service Bulletin A330-27-3134 01 May 12, 2006. Airbus Service Bulletin A330-27-3136 01 July 19, 2006. Airbus Service Bulletin A330-27-3138, excluding Appendix 01 02 May 30, 2006. Airbus Service Bulletin A340-27-4132 Original October 13, 2005. Airbus Service Bulletin A340-27-4135 Original January 12, 2006. Airbus Service Bulletin A340-27-4137, excluding Appendix 01 02 May 30, 2006.
(1)The Director of the Federal Register approved the incorporation by reference of the service information contained in Table 3 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Table 3.—All Material Incorporated by Reference Service information Revision Date Airbus Service Bulletin A330-27-3134 01 May 12, 2006. Airbus Service Bulletin A330-27-3136 01 July 19, 2006. Airbus Service Bulletin A330-27-3138, excluding Appendix 01 02 May 30, 2006. Airbus Service Bulletin A340-27-4132 Original October 13, 2005. Airbus Service Bulletin A340-27-4135 Original January 12, 2006. Airbus Service Bulletin A340-27-4137, excluding Appendix 01 02 May 30, 2006.
(2)On November 29, 2005 (70 FR 69065, November 14, 2005), the Director of the Federal Register approved the incorporation by reference of Airbus All Operators Telex A330-27A3138, Revision 01, dated October 3, 2005; and Airbus All Operators Telex A340-27A4137, Revision 01, dated October 3, 2005.
(3)For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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.* Issued in Renton, Washington, on March 3, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4671 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0368; Directorate Identifier 2007-NM-050-AD; Amendment 39-15420; AD 2008-06-08] RIN 2120-AA64 Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146-100A, -200A, and -300A Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Cracking has been found on the centre fuselage top aft longeron at Rib ‘0' on an in-service aircraft. * * * This condition could result in reduced structural integrity of the airplane. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective April 16, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 16, 2008. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1175; fax
(425)227-1149. 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 December 20, 2007 (72 FR 72270). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Cracking has been found on the centre fuselage top aft longeron at Rib ‘0' on an in-service aircraft. Subsequent investigation has indicated that the currently defined threshold and repeat inspection period must be reduced, and the area of inspection expanded for the BAe 146 series 100 and 200. For the BAe146 series 300, only the repeat inspection period must be reduced, and the area of inspection expanded. Cracking on the center fuselage top aft longeron at Rib ‘0,' could result in reduced structural integrity of the airplane. Corrective actions include repetitive inspections of the center fuselage top aft longeron for cracking and repair/replacement if necessary. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Revision to the Reference to the Nondestructive Testing
(NDT)Manual We have removed the reference to the BAE Systems (Operations) Limited BAe 146/Avro 146-RJ Series NDT Manual Part 6 20-00-03 from paragraphs (f)(2)(iii) and (f)(5)(iii) of this AD. The appropriate source of service information for doing the inspection and repair specified in paragraphs (f)(2)(iii) and (f)(5)(iii) of this AD is BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006. The Accomplishment Instructions of the service bulletin refer to the NDT manual. We have added Note 1 and Note 3 to this AD to clarify that the service bulletin refers to the NDT manual as a secondary source of service information for doing the inspection. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD with the change described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. 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 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 our FAA policies. Any such differences are highlighted in a Note within the AD. Costs of Compliance We estimate that this AD will affect about 1 product of U.S. registry. We also estimate that it will take about 8 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $640, or $640 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 the 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://www.regulations.gov* ; or in person at the Docket Operations office 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 Operations office (telephone
(800)647-5527) 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 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 FAA amends § 39.13 by adding the following new AD: **2008-06-08 BAE Systems (Operations) Limited (Formerly British Aerospace Regional Aircraft):** Amendment 39-15420. Docket No. FAA-2007-0368; Directorate Identifier 2007-NM-050-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective April 16, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to all BAE Systems (Operations) Limited Model BAe 146-100A, -200A, and -300A series airplanes; certificated in any category. Subject
(d)Air Transport Association
(ATA)of America Code 53: Fuselage. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: Cracking has been found on the centre fuselage top aft longeron at Rib ‘0’ on an in-service aircraft. Subsequent investigation has indicated that the currently defined threshold and repeat inspection period must be reduced, and the area of inspection expanded for the BAe 146 series 100 and 200. For the BAe 146 series 300, only the repeat inspection period must be reduced, and the area of inspection expanded. Cracking on the center fuselage top aft longeron at Rib ‘0’ could result in reduced structural integrity of the airplane. Corrective actions include repetitive inspections of the center fuselage top aft longeron for cracking and repair/replacement if necessary. Actions and Compliance
(f)Unless already done, do the following actions.
(1)For all Model BAe 146-100A and BAE 146-200A series airplanes pre-mod HCM01709B or HCM01709C that have not been inspected in accordance with BAE Systems (Operations) Limited BAe 146 Maintenance Review Board Report
(MRBR)SSI/SII Task No. 53-20-140A (Maintenance Planning Document
(MPD)Task 532040-SDI-10000-3) or BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 1, dated May 19, 2004, as of the effective date of this AD: Do the actions in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD at the applicable compliance time, and do all applicable repairs and replacements before further flight.
(i)Inspect and repair cracking of the forward six bolt bores between the subframe and frame 30 in accordance with paragraph 2.B of the Accomplishment Instructions of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, before the accumulation of 17,000 total flight cycles, or within 500 flight cycles after the effective date of this AD, whichever occurs later. If the damage exceeds limits specified in the structural repair manual (SRM), before further flight, contact BAE Systems and repair. Repeat the inspection thereafter at intervals not to exceed 5,000 flight cycles, except as provided by paragraph (f)(3) of this AD.
(ii)Inspect and repair cracking of the remaining fastener bores between the sub-frame and frame 30 in accordance with paragraph 2.B of the Accomplishment Instructions of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, before the accumulation of 17,000 total flight cycles, or within 4,000 flight cycles after the effective date of this AD, whichever occurs later. If the damage exceeds limits specified in the SRM, before further flight, contact BAE Systems and repair. Repeat the inspection thereafter at intervals not to exceed 11,900 flight cycles, except as provided by paragraph (f)(3) of this AD.
(2)For all Model BAe 146-100A and BAe 146-200A series airplanes pre-mod HCM01709B or HCM01709C that have been inspected in accordance with BAE Systems (Operations) Limited BAe 146 MRBR SSI/SII Task No. 53-20-140A (MPD task 532040-SDI-10000-3) or BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173 Revision 1, May 19, 2004, as of the effective date of this AD: Do the actions in paragraphs (f)(2)(i), (f)(2)(ii), and (f)(2)(iii) of this AD at the applicable compliance time, and do all applicable repairs and replacements before further flight.
(i)Do an ultrasonic inspection and repair cracking of the forward six bolt bores between the subframe and frame 30 in accordance with paragraph 2.B of the Accomplishment Instructions and Appendix 2 of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, before the accumulation of 5,400 flight cycles since last inspection, or within 500 flight cycles after the effective date of this AD, whichever occurs later. If the damage exceeds limits specified in the SRM, before further flight, contact BAE Systems and repair. Repeat the inspection thereafter at intervals not to exceed 5,000 flight cycles, except as provided by paragraph (f)(3) of this AD.
(ii)Do a high frequency eddy current inspection and repair cracking of the forward six bolt bores between the subframe and frame 30 in accordance with paragraph 2.B of the Accomplishment Instructions and Appendix 3 of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, within 4,000 flight cycles after the effective date of this AD. If the damage exceeds limits specified in the SRM, before further flight, contact BAE systems and repair. Repeat the inspection thereafter at intervals not to exceed 5,000 flight cycles, except as provided by paragraph (f)(3) of this AD.
(iii)Do a rotating eddy current inspection and repair cracking of the remaining fastener bores between the sub-frame and frame 30 in accordance with paragraph 2.B of the Accomplishment Instructions of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, within 4,000 flight cycles after the effective date of this AD. If the damage exceeds limits specified in the SRM, before further flight, contact BAE Systems and repair. Repeat the inspection thereafter at intervals not to exceed 11,900 flight cycles, except as provided by paragraph (f)(3) of this AD. Note 1: BAE Systems (Operations) Limited Inspection Service Inspection Bulletin ISB.53-173, Revision 2, dated March 28, 2006, refers to the BAE Systems (Operations) Limited BAe 146/Avro 146-RJ Series Nondestructive Testing
(NDT)Manual Part 6 20-00-03 as a secondary source of service information for doing the eddy current inspection.
(3)For all Model BAe 146-100A and BAe 146-200A series airplanes pre-mod HCM01709B or HCM01709C that have had a replacement aft longeron installed: Prior to the accumulation of 17,000 flight cycles after the aft longeron replacement, or within 500 flight cycles after the effective date of this AD, whichever occurs later, inspect for cracking of the forward six bolt bores and the fastener bores between the sub-frame and frame 30, and repair any crack before further flight in accordance with paragraph 2.B of the Accomplishment Instructions of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006. If the damage exceeds limits specified in the SRM, before further flight, contact BAE Systems and repair. Repeat the inspection thereafter at intervals not to exceed 5,000 flight cycles for the forward six bolt bores, and 11,900 flight cycles for the remaining fastener bores between the sub-frame and frame 30. Replacing the longeron terminates the repetitive inspection requirements of paragraph (f)(1) and (f)(2) of this AD; post-replacement inspections must be done in accordance with this paragraph. Note 2: The threshold for an aircraft is reset if a replacement longeron is fitted.
(4)For all Model BAe 146-300A series airplanes pre-mod HCM01709A that have not been inspected in accordance with BAE Systems (Operations) Limited BAe 146 MRBR SSI/SII Task No. 53-20-140A (MPD Task 532040-SDI-10000-3) or BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 1, dated May 19, 2004, as of the effective date of this AD: Do the actions in paragraphs (f)(4)(i) and (f)(4)(ii) of this AD at the applicable compliance time, and do all applicable repairs and replacements before further flight.
(i)Inspect and repair cracking of the forward six bolt bores between the subframe and frame 30 in accordance with paragraph 2.B of the Accomplishment Instructions of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, prior to the accumulation of 24,000 total flight cycles, or within 500 flight cycles after the effective date of this AD, whichever occurs later. If the damage exceeds limits specified in the SRM, before further flight, contact BAE Systems and repair. Repeat the inspection thereafter at intervals not to exceed 4,000 flight cycles, except as provided by paragraph (f)(6) of this AD.
(ii)Inspect and repair cracking of the remaining fastener bores between the sub-frame and frame 30 in accordance with paragraph 2.B of the Accomplishment Instructions of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, at the later of 24,000 total flight cycles, or within 4,000 flight cycles after the effective date of this AD. If the damage exceeds limits specified in the SRM, before further flight, contact BAE Systems and repair. Repeat the inspection thereafter at intervals not to exceed 11,900 flight cycles, except as provided by paragraph (f)(6) of this AD.
(5)For all Model BAe 146-300A series airplanes pre-mod HCM01709A that have been inspected in accordance with BAE Systems (Operations) Limited BAe 146 MRBR SSI/SII Task No. 53-20-140A (MPD task 532040-SDI-10000-3) or BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 1, May 19, 2004, as of the effective date of this AD: Do the actions in paragraphs (f)(5)(i), (f)(5)(ii), and (f)(5)(iii) of this AD at the applicable compliance time, and do all applicable repairs and replacements before further flight.
(i)Do an ultrasonic inspection and repair cracking of the forward six bores between the subframe and frame 30 in accordance with paragraph 2.B of the Accomplishment Instructions and Appendix 2 of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, within 4,000 flight cycles since last inspection, or within 500 flight cycles after the effective date of this AD, whichever occurs later. If the damage exceeds limits specified in the SRM, before further flight, contact BAE Systems and repair. Repeat the inspection thereafter at intervals not to exceed 4,000 flight cycles except as provided by paragraph (f)(6) of this AD.
(ii)Do a high frequency eddy current inspection and repair cracking of the forward six bolt bores between the subframe and frame 30 in accordance with paragraph 2.B of the Accomplishment Instructions and Appendix 3 of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, within 4,000 flight cycles after the effective date of this AD. If the damage exceeds limits specified in the SRM, before further flight, contact BAE Systems and repair. Repeat the inspection thereafter at intervals not to exceed 4,000 flight cycles, except as provided by paragraph (f)(6) of this AD.
(iii)Do a rotating eddy current inspection and repair cracking of the remaining fastener bores between the sub-frame and frame 30 in accordance with paragraph 2.B of the Accomplishment Instructions of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, within 4,000 flight cycles after the effective date of this AD. If the damage exceeds limits specified in the SRM, before further flight, contact BAE Systems and repair. Repeat the inspection thereafter at intervals not to exceed 11,900 flight cycles, except as provided by paragraph (f)(6) of this AD. Note 3: BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, refers to the BAE Systems (Operations) Limited BAe 146/Avro 146-RJ Series NDT Manual Part 6 20-00-03 as a secondary source of service information for doing the eddy current inspection.
(6)For all Model BAe 146-300A series airplanes pre-mod HCM01709A that have had a replacement aft longeron installed: Prior to the accumulation of 24,000 flight cycles after the aft longeron replacement, or within 500 flight cycles after the effective date of this AD, whichever occurs later, inspect for cracking of the fastener bores between the sub-frame and frame 30, and repair any crack before further flight in accordance with paragraph 2.B. of the Accomplishment Instructions of BAE Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, March 28, 2006. If the damage exceeds limits specified in the SRM, before further flight, contact BAE Systems and repair. Repeat the inspection thereafter at intervals not to exceed 4,000 flight cycles for the forward six bolt bores, and 11,900 flight cycles for the remaining fastener bores between the sub-frame and frame 30. Replacing the longeron terminates the repetitive inspection requirements of paragraphs (f)(4) and (f)(5) of this AD; new inspections must be done in accordance with this paragraph. Note 4: The threshold for an aircraft is reset if a replacement longeron is fitted. FAA AD Differences Note 5: This AD differs from the MCAI and/ or service information as follows: The MCAI specifies doing repetitive inspections until the airplane enters the life extension program (LEP). This program is not defined by the FAA. Operators of airplanes that enter the LEP may request an alternative method of compliance
(AMOC)for the repetitive inspections in accordance with the procedures specified in paragraph
(g)of this AD. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*AMOCs:* The Manager, ANM-116, Transport Airplane Directorate, International Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1175; fax
(425)227-1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(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)Refer to MCAI European Aviation Safety Agency
(EASA)Airworthiness Directive 2006-0215, dated July 14, 2006, and BAe Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 28, 2006, for related information. Material Incorporated by Reference
(i)You must use BAe Systems (Operations) Limited Inspection Service Bulletin ISB.53-173, Revision 2, dated March 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 British Aerospace Regional Aircraft American Support, 13850 McLearen Road, Herndon, Virginia 20171.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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.* Issued in Renton, Washington, on February 28, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4673 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0228; Directorate Identifier 2007-NM-107-AD; Amendment 39-15421; AD 2008-06-09] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737-200 Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for certain Boeing Model 737-200 series airplanes. This AD requires repetitive inspections to detect cracking of the support fittings of the Krueger flap actuators, and corrective actions if necessary. This AD also requires eventual replacement of any existing aluminum support fitting on each wing with a steel fitting, and modification of the aft attachment of the actuator. Doing these actions terminates the repetitive inspection requirements. This AD results from reports of cracking due to fatigue and stress corrosion of the support fittings of the Krueger flap actuator. We are issuing this AD to prevent cracking of the support fittings, which could result in fracturing of the actuator attach lugs, separation of the actuator from the support fitting, severing of the hydraulic lines, resultant loss of hydraulic fluids, and consequent reduced controllability of the airplane. DATES: This AD is effective April 16, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 16, 2008. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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 this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6440; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an airworthiness directive
(AD)that would apply to certain Boeing Model 737-200 series airplanes. That NPRM was published in the **Federal Register** on November 26, 2007 (72 FR 65909). That NPRM proposed to require repetitive inspections to detect cracking of the support fittings of the Krueger flap actuators, and corrective actions if necessary. The NPRM also proposed to require eventual replacement of any existing aluminum support fitting on each wing with a steel fitting, and modification of the aft attachment of the actuator. Doing these actions terminates the repetitive inspection requirements. Comments We gave the public the opportunity to participate in developing this AD. We considered the one comment received. Boeing supports the NPRM. Conclusion We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance There are about 13 airplanes of the affected design in the worldwide fleet. 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 Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Inspection 5 $80 $0 $400, per inspection cycle 3 $1,200, per inspection cycle. Replacement 88 80 29,642 $36,682 3 $110,046. 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 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. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. 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 FAA amends § 39.13 by adding the following new AD: **2008-06-09 Boeing:** Amendment 39-15421. Docket No. FAA-2007-0228; Directorate Identifier 2007-NM-107-AD. Effective Date
(a)This airworthiness directive
(AD)is effective April 16, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Boeing Model 737-200 series airplanes, line numbers 814 through 826 inclusive, certificated in any category. Unsafe Condition
(d)This AD results from reports of cracking due to fatigue and stress corrosion of the support fittings of the Krueger flap actuator. We are issuing this AD to prevent cracking of the support fittings, which could result in fracturing of the actuator attach lugs, separation of the actuator from the support fitting, severing of the hydraulic lines, resultant loss of hydraulic fluids, and consequent reduced controllability 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. Repetitive Inspections
(f)Within 12 months after the effective date of this AD, do a high frequency eddy current
(HFEC)inspection to detect cracking of the support fittings of the Krueger flap actuator on each wing, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737-57-1129, Revision 3, dated March 19, 2007.
(1)If no cracking is detected, repeat the inspection thereafter at intervals not to exceed 3,000 flight hours until the terminating action required by paragraph
(g)of this AD is accomplished.
(2)If any cracking is detected, before further flight, do the replacement and modification specified in paragraph
(g)of this AD. Terminating Action
(g)Within 60 months after the effective date of this AD: Replace any existing Krueger flap actuator aluminum support fitting on each wing with a steel fitting, and modify the actuator aft attachment, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737-57-1129, Revision 3, dated March 19, 2007. Doing this replacement and modification terminates the repetitive inspection requirements of paragraph
(f)of this AD. Parts Replacement
(h)As of the effective date of this AD, no person may install on any airplane any aluminum support fitting (actuator support assembly) identified in the “Existing Part Number” column of paragraph 2.C. of Boeing Special Attention Service Bulletin 737-57-1129, Revision 3, dated March 19, 2007. Actions Accomplished in Accordance With Previous Revisions of Service Bulletin
(i)Actions done before the effective date of this AD in accordance with the service bulletins listed in Table 1 of this AD, are acceptable for compliance with the corresponding requirements of this AD. Table 1.—Previous Revisions of Service Bulletins Boeing service bulletin Revision level Date 737-57-1129 1 Oct. 30, 1981. 737-57-1129 2 May 28, 1998. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(3)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Material Incorporated by Reference
(k)You must use Boeing Special Attention Service Bulletin 737-57-1129, Revision 3, dated March 19, 2007, 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 Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.
(3)You may review copies of the service information incorporated by reference at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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/code_of_federal_regulations/ibr_locations.html* . Issued in Renton, Washington, on February 28, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4674 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2005-22623; Directorate Identifier 2004-NM-80-AD; Amendment 39-15418; AD 2008-06-06] RIN 2120-AA64 Airworthiness Directives; Boeing Model 767 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 Boeing Model 767 airplanes. This AD requires the following actions for the drive mechanism of the horizontal stabilizer: Repetitive detailed inspections for discrepancies and loose ball bearings; repetitive lubrication of the ballnut and ballscrew; repetitive measurements of the freeplay between the ballnut and the ballscrew; and corrective action if necessary. This AD also requires initial and repetitive inspections of the ballscrew-to-ballnut freeplay for certain airplanes. This AD results from a report of extensive corrosion of a ballscrew in the drive mechanism of the horizontal stabilizer on a similar airplane model. We are issuing this AD to prevent an undetected failure of the primary load path for the ballscrew in the drive mechanism of the horizontal stabilizer and subsequent wear and failure of the secondary load path, which could lead to loss of control of the horizontal stabilizer and consequent loss of control of the airplane. DATES: This AD becomes effective April 16, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of April 16, 2008. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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 this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Kelly McGuckin, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Airplane Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6490; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a supplemental notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all Boeing Model 767 airplanes. That supplemental NPRM was published in the **Federal Register** on August 21, 2007 (72 FR 46576). That supplemental NPRM proposed to require the following actions for the drive mechanism of the horizontal stabilizer: Repetitive detailed inspections for discrepancies and loose ball bearings; repetitive lubrication of the ballnut and ballscrew; repetitive measurements of the freeplay between the ballnut and the ballscrew; and corrective action if necessary. That supplemental NPRM also proposed to require initial and repetitive inspections of the ballscrew-to-ballnut freeplay for certain airplanes. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Supportive Comment Boeing concurs with the content of the supplemental NPRM. Request To Allow the Use of New Tool Kits Japan Airlines
(JAL)asks that we allow use of new tool kits A55001-42 (the horizontal stabilizer lock equipment) and A55001-34, as specified in the tool change bulletin (Boeing Message Number 1-203914627-1). JAL notes that Boeing plans to revise Boeing Service Bulletin 767-27A0194 to permit the usage of both A55001-34 and A55001-42 tool kits. We acknowledge JAL's concern and we have verified with Boeing that tool kit A55001-42 is acceptable to use when accomplishing the actions required by the AD. Tool kit A55001-34 is identified in Boeing Service Bulletins 767-27A0194 and 767-27A0195, both Revision 2, both dated July 13, 2006. Those service bulletins are referred to in the supplemental NPRM as the appropriate sources of service information for accomplishing the specified actions. Therefore, the tool kits identified by JAL can be used when accomplishing the actions required by the AD. No change to the AD is necessary in this regard. 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 as proposed in the supplemental NPRM. Costs of Compliance There are about 941 airplanes of the affected design in the worldwide fleet. This AD affects about 411 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this AD, per cycle. Estimated Costs Repetitive actions Work hours Average labor rate per hour Cost per airplane Number of U.S.-registered airplanes Fleet cost Detailed inspection 1 $80 $80 411 $32,880 Lubrication 1 80 80 411 32,880 Freeplay measurement 3 80 240 411 98,640 The ballscrew-to-ballnut freeplay inspection will take about 1 work hour per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of this inspection on U.S. operators is $32,880, or $80 per airplane, 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): **2008-06-06 Boeing:** Amendment 39-15418. Docket No. FAA-2005-22623; Directorate Identifier 2004-NM-80-AD. Effective Date
(a)This AD becomes effective April 16, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to all Boeing Model 767-200, -300, -300F, and -400ER series airplanes, certificated in any category. Unsafe Condition
(d)This AD was prompted by a report of extensive corrosion of a ballscrew in the horizontal stabilizer of a similar airplane model. We are issuing this AD to prevent an undetected failure of the primary load path for the ballscrew in the drive mechanism of the horizontal stabilizer and subsequent wear and failure of the secondary load path, which could lead to loss of control of the horizontal stabilizer and consequent loss of 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. Repetitive Detailed Inspections/Lubrications/Freeplay Measurement/Corrective Action
(f)Do all the applicable actions, including any applicable corrective action, specified in Work Packages 1, 2, and 3 of the Accomplishment Instructions of Boeing Service Bulletin 767-27A0194 (for Model 767-200, -300, and -300F series airplanes) or Boeing Service Bulletin 767-27A0195 (for Model 767-400ER series airplanes), both Revision 1, both dated July 21, 2005; or both Revision 2, both dated July 13, 2006; as applicable. Do the actions at the applicable compliance time specified in Table 1 of paragraph 1.E. “Compliance” of the service bulletins; except, where the service bulletins specify a compliance time relative to the original issue date of the service bulletin, this AD requires compliance relative to the effective date of this AD. Where the service bulletins specify a compliance time relative to the delivery date of the airplane, this AD requires compliance relative to the date of issuance of the original standard airworthiness certificate or the date of issuance of the original export certificate of airworthiness. Do all applicable corrective actions before further flight. Repeat the actions at the applicable repeat interval specified in Table 1 of paragraph 1.E “Compliance” of the applicable service bulletin. As of the effective date of this AD only Revision 2 of the service bulletins may be used. Repetitive Ballscrew-to-Ballnut Freeplay Inspections
(g)For airplanes on which the A55001-22 lock equipment was used to do the ballscrew-to-ballnut freeplay inspection, and the maintenance records do not show that the tool was correctly adjusted in accordance with Appendix A, Step 1.E.3, of Boeing Service Bulletin 767-27A0194 or 767-27A0195, both Revision 1, both dated July 21, 2005: Do the ballscrew-to-ballnut freeplay inspection specified in Work Package 3 of the Accomplishment Instructions of the applicable service bulletin, including any applicable corrective action, at the time specified in Table 1 of paragraph 1.E. “Compliance” of Boeing Service Bulletin 767-27A0194 or 767-27A0195, both Revision 2, both dated July 13, 2006, as applicable. Do all applicable corrective actions before further flight. Repeat the inspection thereafter at the intervals specified in Table 1 of paragraph 1.E “Compliance” of the applicable service bulletin. Previously Accomplished Actions
(h)For airplanes on which the drive mechanism of the horizontal stabilizer was replaced before the effective date of this AD with a drive mechanism that was not new or overhauled, and the detailed and freeplay inspections were not accomplished in accordance with Boeing Alert Service Bulletin 767-27A0194 or 767-27A0195, both dated August 21, 2003: Within 3,500 flight hours or 24 months after the effective date of this AD, whichever is first, accomplish the inspections and perform all applicable corrective actions before further flight in accordance with Work Package 3 of the Accomplishment Instructions of Boeing Service Bulletin 767-27A0194 or Boeing Service Bulletin 767-27A0195, both Revision 1, both dated July 21, 2005; or both Revision 2, both dated July 13, 2006; as applicable. As of the effective date of this AD only Revision 2 of the service bulletins may be used.
(i)For Model 767 airplanes that have line numbers 002 through 175 inclusive: Accomplishing the initial inspection, applicable corrective action, and lubrication before the effective date of this AD in accordance with Boeing Alert Service Bulletin 767-27A0185, dated July 10, 2003; is considered acceptable for compliance with the applicable actions required by paragraph
(f)of this AD. Note 1: Boeing Service Bulletins 767-27A0194 and 767-27A0195, both Revision 2, both dated July 13, 2006, refer to the applicable Boeing 767 Airplane Maintenance Manuals as additional sources of service information for accomplishing the detailed inspections, lubrications, freeplay measurements, and corrective action. Parts Installation
(j)As of the effective date of this AD, no person may install on any airplane a horizontal stabilizer trim actuator unless it is new or has been overhauled as specified in Boeing Service Bulletins 767-27A0194 and 767-27A0195, both Revision 2, both dated July 13, 2006; or has been inspected, lubricated, and measured in accordance with paragraph
(f)of this AD. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Material Incorporated by Reference
(l)You must use Boeing Service Bulletin 767-27A0194, Revision 2, dated July 13, 2006; or Boeing Service Bulletin 767-27A0195, Revision 2, dated July 13, 2006; as applicable; 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 these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207 for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 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.* Issued in Renton, Washington, on February 28, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4677 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION
(DOT)Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0283; Directorate Identifier 2008-CE-013-AD; Amendment 39-15427; AD 2008-06-15] RIN 2120-AA64 Airworthiness Directives; Lindstrand Balloons Ltd. Models 42A, 56A, 77A, 105A, 150A, 210A, 260A, 60A, 69A, 90A, 120A, 180A, 240A, and 310A Balloons AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. 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 the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Defective burner hoses have been identified which might develop a leak. A significant leak, if it was ignited, could hazard the balloon and occupants. Since the issue of AD G-2003-0010 there have been occurrences of hose failure in batches not identified in the earlier bulletins. LHAB Service Bulletin
(SB)No 11 supersedes the earlier SBs and revises the applicability as required. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective April 1, 2008. On April 1, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. We must receive comments on this AD by April 11, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:*
(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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 this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4138; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion The United Kingdom Civil Aviation Authority, which is the aviation authority for the United Kingdom, has issued Emergency Airworthiness Directive AD No: G-2008-0001, dated January 9, 2008 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: Defective burner hoses have been identified which might develop a leak. A significant leak, if it was ignited, could hazard the balloon and occupants. Since the issue of AD G-2003-0010 there have been occurrences of hose failure in batches not identified in the earlier bulletins. LHAB Service Bulletin
(SB)No 11 supersedes the earlier SBs and revises the applicability as required. The MCAI requires you inspect the hose and to identify whether the hose is from the affected batch of hoses and to inspect and replace any defective hose and end fitting from the affected batch. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Lindstrand Balloons Ltd. has issued Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated September 24, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of the AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. This AD is considered an interim action because we are not including a mandatory terminating requirement to replace the hose in this AD; it is only required if the hose has been found to be defective. The Administrative Procedure Act does not permit the FAA to “bootstrap” a long-term requirement into an urgent safety of flight action where the rule becomes effective at the same time the public has the opportunity to comment. The short-term action and the long-term action are analyzed separately for justification to bypass prior public notice. After issuing this AD, we may initiate further AD action (notice of proposed rulemaking followed by a final rule) to require such a terminating action. 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 making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might have also 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 take precedence over those copied from the MCAI. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because defective burner hoses have been identified which might develop a leak, which could ignite and endanger the balloon and occupants. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0283; Directorate Identifier 2008-CE-013-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. 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 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. 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 FAA amends § 39.13 by adding the following new AD: **2008-06-15 Lindstrand Balloons Ltd.:** Amendment 39-15427; Docket No. FAA-2008-0283; Directorate Identifier 2008-CE-013-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective April 1, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Models 42A, 56A, 60A, 69A, 77A, 90A, 105A, 120A, 150A, 180A, 210A, 240A, 260A, and 310A balloons that are:
(i)Certificated in any category; and
(ii)Equipped with burners with serial numbers BU502 through BU792, except BU507, BU511, BU512, BU614, BU643, BU655, BU656, BU719, BU723, BU746, BU749, BU752, BU754, BU762, BU779, BU781, BU785, BU787, and BU789. Subject
(d)Air Transport Association of America
(ATA)Code 28: Fuel. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: Defective burner hoses have been identified which might develop a leak. A significant leak, if it was ignited, could hazard the balloon and occupants. Since the issue of AD G-2003-0010 there have been occurrences of hose failure in batches not identified in the earlier bulletins. LHAB Service Bulletin
(SB)No. 11 supersedes the earlier SBs and revises the applicability as required. The MCAI requires you inspect the hose and to identify whether the hose is from the affected batch of hoses and to inspect and replace any defective hose and end fitting from the affected batch. Actions and Compliance
(f)Unless already done, do the following actions:
(1)Before further flight as of April 1, 2008 (the effective date of this AD) inspect the balloon burner to determine whether it has a hose from the affected batch of hoses following Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated September 24, 2007.
(2)As a result of the inspection required by (f)(1) of this AD, if you find a hose from the affected batch, before further flight inspect for leaks and conduct a pressure test following Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated September 24, 2007, and repetitively thereafter inspect and conduct a pressure test at intervals not to exceed 10 hours time-in-service.
(3)As a result of any inspection or test required by (f)(2) of this AD, if you find a defective hose, replace it and the end fitting with a new hose and new end fitting before further flight. This action terminates the repetitive requirement in (f)(2) of this AD. Note 1: You may replace the hose and end fitting at any time to terminate the repetitive inspection and testing requirements of this AD. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows:
(1)The MCAI and the service information specify repetitive inspections if no leaks are detected during the initial required inspection, until the next annual inspection, at which time replacing the hose and end fitting is required.
(2)This AD is considered an interim action because we are not including the mandatory replacement terminating action in this AD (replacement is only required by this AD if a defective hose is found in an inspection or test). The Administrative Procedure Act does not permit the FAA to “bootstrap” a long-term requirement into an urgent safety of flight action where the rule becomes effective at the same time the public has the opportunity to comment. The short-term action and the long-term action are analyzed separately for justification to bypass prior public notice.
(3)After issuing this AD, we may initiate further AD action (notice of proposed rulemaking followed by a final rule) to require a terminating action to the repetitive inspection and test. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4138; fax:
(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Special Flight Permit
(h)We are not allowing any special flight permits. Related Information
(i)Refer to MCAI United Kingdom Civil Aviation Authority Emergency Airworthiness Directive AD No: G-2008-0001, dated January 9, 2008, and Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated September 24, 2007, for related information. Material Incorporated by Reference
(j)You must use Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated September 24, 2007, 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 Lindstrand Balloons Ltd., Maesbury Road, OSWESTRY, Shropshire SY10 8ZZ, England; telephone: +44 1691-671717; facsimile: +44 1691-671122.
(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.* Issued in Kansas City, Missouri on March 4, 2008. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4759 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0035; Directorate Identifier 2007-CE-103-AD; Amendment 39-15424; AD 2008-06-12] RIN 2120-AA64 Airworthiness Directives; British Aerospace Regional Aircraft Model HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream Series 3101, and Jetstream Model 3201 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. 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. The MCAI describes the unsafe condition as: Two incidents have been reported where the normal hydraulic supplies were lost due to failure/loss of the steering jack gland housing. This has been attributed to pre-existing thread damage on the steering jack gland housing. Three previous failures may also be due to this failure mechanism. Failure of the steering jack gland housing resulted in significant damage to the right hand undercarriage bay door, and could result in the nose landing gear jamming in a fully or partially retracted position. Landing in such a condition is considered as potentially unsafe due to the degraded control of the aircraft post touch down. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective April 16, 2008. On April 16, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; *telephone:*
(816)329-4138; *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 January 18, 2008 (73 FR 3428). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Two incidents have been reported where the normal hydraulic supplies were lost due to failure/loss of the steering jack gland housing. This has been attributed to pre-existing thread damage on the steering jack gland housing. Three previous failures may also be due to this failure mechanism. Failure of the steering jack gland housing resulted in significant damage to the right hand undercarriage bay door, and could result in the nose landing gear jamming in a fully or partially retracted position. Landing in such a condition is considered as potentially unsafe due to the degraded control of the aircraft post touch down. Changes to the gland have been introduced in order to prevent further recurrence. This AD requires you to install a serviceable steering jack. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data 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 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 highlighted in a **Note** within the AD. Costs of Compliance Based on the service information, we estimate that this AD affects about 149 products of U.S. registry. We also estimate that it will take about 10 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $100 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $134,100, or $900 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://www.regulations.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)647-5527) 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 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 FAA amends § 39.13 by adding the following new AD: **2008-06-12 British Aerospace Regional Aircraft:** Amendment 39-15424; Docket No. FAA-2008-0035; Directorate Identifier 2007-CE-103-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective April 16, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Model HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream Series 3101, and Jetstream Model 3201 airplanes, all serial numbers, certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 32: Landing Gear.
(e)The mandatory continuing airworthiness information
(MCAI)states: Two incidents have been reported where the normal hydraulic supplies were lost due to failure/loss of the steering jack gland housing. This has been attributed to pre-existing thread damage on the steering jack gland housing. Three previous failures may also be due to this failure mechanism. Failure of the steering jack gland housing resulted in significant damage to the right hand undercarriage bay door, and could result in the nose landing gear jamming in a fully or partially retracted position. Landing in such a condition is considered as potentially unsafe due to the degraded control of the aircraft post touch down. Changes to the gland have been introduced in order to prevent further recurrence. This AD requires you to install a serviceable steering jack. Actions and Compliance
(f)Unless already done, within the next 12 months after April 16, 2008 (the effective date of this AD), install a serviceable steering jack that has been modified following APPH Ltd. Service Bulletin 32-78, dated February 2005, as specified in British Aerospace Jetstream Series 3100 and 3200 Service Bulletin 32-JM5417, Original Issue: March 22, 2005. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to Attn: Taylor Martin, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4138; fax:
(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI European Aviation Safety Agency
(EASA)AD No. 2006-0128, dated May 18, 2006, and British Aerospace Jetstream Series 3100 and 3200 Service Bulletin 32-JM5417, Original Issue: March 22, 2005, for related information. Material Incorporated by Reference
(i)You must use British Aerospace Jetstream Series 3100 and 3200 Service Bulletin 32-JM5417, Original Issue: March 22, 2005, and APPH Ltd. Service Bulletin 32-78, dated February 2005, 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 British Aerospace, BAE Systems, Prestwick International Airport, Ayrshire KA9 2RW, Scotland, telephone: (01292) 675207; fax: (01292) 675704.
(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* . Issued in Kansas City, Missouri, on March 4, 2008. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4647 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0263; Directorate Identifier 2008-NM-044-AD; Amendment 39-15423; AD 2008-06-11] RIN 2120-AA64 Airworthiness Directives; Saab Model SAAB SF340A and SAAB 340B (Including Variant 340B (WT)) Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Subsequent to an incident on January 2, 2006, when a Saab 340B airplane encountered icing conditions during en route climb and departed controlled flight, the NTSB (National Transportation Safety Board) has issued a number of safety recommendations. The unsafe condition is possible stalling while operating in icing conditions, which could result in loss of control of the airplane. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective March 27, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of March 27, 2008. We must receive comments on this AD by April 11, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:*
(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1112; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued Airworthiness Directive 2008-0022, dated January 29, 2008 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: Subsequent to an incident on January 2, 2006, when a Saab 340B airplane encountered icing conditions during en route climb and departed controlled flight, the NTSB (National Transportation Safety Board) has issued a number of safety recommendations. Different safety actions have been discussed and agreed upon [among] Saab, FAA and EASA (European Aviation Safety Agency) since then to meet the NTSB safety recommendations. For the reasons described above, this Airworthiness Directive
(AD)requires the amendment of the applicable Saab SF340A or 340B Airplane Flight Manual
(AFM)to incorporate the changes to the Limitations section and the Performance section as specified in the AFM revisions listed in the * * * AD. The unsafe condition is possible stalling while operating in icing conditions, which could result in loss of control of the airplane. You may obtain further information by examining the MCAI in the AD docket. On April 19, 1996, we issued AD 96-01-04 R1, amendment 39-9582 (61 FR 18242, April 25, 1996). That AD is applicable to certain Saab Model SAAB SF340A and SAAB 340B series airplanes. Paragraph (a)(3) of AD 96-01-04 R1 requires revising the Limitations Section of the airplane flight manual
(AFM)by inserting certain icing procedures into that section. Accomplishing the actions required by this new AD terminates the actions required by paragraph (a)(3) of AD 96-01-04 R1. On November 10, 1999, we issued AD 99-19-14, amendment 39-11303 (64 FR 63622, November 22, 1999). That AD is applicable to certain Saab Model SAAB SF340A, SAAB 340B, and SAAB 2000 series airplanes. Paragraph
(a)of AD 99-19-14 requires revising the Limitations Section of the AFM to include certain requirements for activation of the icing protection systems. Accomplishing the actions required by this new AD terminates the actions required by paragraph
(a)of AD 99-19-14 for Model SAAB SF340A and SAAB 340B series airplanes. Relevant Service Information SAAB has issued the following revisions to the SAAB SF340A and 340B AFMs: AFM Document No. Revision level Date SAAB SF340A AFM 340 A 001 51 November 30, 2007. SAAB 340B 72LKS5968 21 November 30, 2007. SAAB 340B AFM 340 B 001 29 November 30, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between the 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 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 highlighted in a NOTE within the AD. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule to prevent possible stalling while operating in icing conditions, which could result in loss of control of the airplane. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0263; Directorate Identifier 2008-NM-044-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. 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 the 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. 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 FAA amends § 39.13 by adding the following new AD: **2008-06-11 Saab AB, Saab Aerosystems (Formerly Saab Aircraft AB):** Amendment 39-15423. Docket No. FAA-2008-0263; Directorate Identifier 2008-NM-044-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective March 27, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to all Saab Model SAAB SF340A and SAAB 340B (including Variant 340B (WT)) series airplanes, certificated in any category. Subject
(d)Air Transport Association
(ATA)of America Code 30: Ice and rain protection. Reason
(e)The mandatory continued airworthiness information
(MCAI)states: Subsequent to an incident on January 2, 2006, when a Saab 340B airplane encountered icing conditions during en route climb and departed controlled flight, the NTSB (National Transportation Safety Board) has issued a number of safety recommendations. Different safety actions have been discussed and agreed upon [among] Saab, FAA and EASA (European Aviation Safety Agency) since then to meet the NTSB safety recommendations. For the reasons described above, this Airworthiness Directive
(AD)requires the amendment of the applicable Saab SF340A or 340B Airplane Flight Manual
(AFM)to incorporate the changes to the Limitations section and the Performance section as specified in the AFM revisions listed in the * * * AD. The unsafe condition is possible stalling while operating in icing conditions, which could result in loss of control of the airplane. Actions and Compliance
(f)Within 30 days after the effective date of this AD, unless already done, revise the Limitations and Performance sections in the applicable AFM specified in Table 1 of this AD by incorporating the information in the applicable revision specified in Table 1. Table 1.—Applicable AFMs AFM Document No. Revision level Date SAAB SF340A AFM 340 A 001 51 November 30, 2007. SAAB 340B 72LKS5968 21 November 30, 2007. SAAB 340B AFM 340 B 001 29 November 30, 2007. Note 1: The action required by paragraph
(f)of this AD may be done by inserting into the appropriate AFM sections a copy of the applicable revision listed in Table 1 of this AD. When this revision has been included in the general revisions of the AFM, the general revisions may be inserted into the AFM, provided the relevant information in the general revision is identical to that in the revision listed in Table 1 of this AD. Note 2: The AFM areas affected by this AD are:
(1)Definition of icing conditions;
(2)Operation in icing conditions;
(3)Minimum airspeeds in icing conditions;
(4)Auto pilot mode in icing conditions; and
(5)Landing field length charts, including effect of V <sup>REF</sup> speed increment. Terminating Actions
(g)For Model SAAB SF340A and SAAB 340B airplanes: Accomplishing the actions required by paragraph
(f)of this AD terminates the actions required by paragraph (a)(3) of AD 96-01-04 R1 and paragraph
(a)of AD 99-19-14. FAA AD Differences Note 3: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(h)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, International Branch, ANM-116, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to Attn: Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1112; fax
(425)227-1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(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
(i)Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2008-0022, dated January 29, 2008, and the applicable AFM revision specified in Table 1 of this AD, for related information. Material Incorporated by Reference
(j)You must use the service information specified in Table 2 of this AD to do the actions required by this AD, unless the AD specifies otherwise. Table 2.—Material Incorporated by Reference Document Page Nos. Revision level Date SAAB SF340A Airplane Flight Manual, AFM 340 A 001 List of Effective Pages: Pages 1-4 through 1-6 51 November 30, 2007. SAAB 340B Airplane Flight Manual, 72LKS5968 List of Effective Pages: Pages 1-4 through 1-7 21 November 30, 2007. SAAB 340B Airplane Flight Manual, AFM 340 B 001 List of Effective Pages: Pages 1-4 through 1-6 29 November 30, 2007.
(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 Saab Aircraft AB, SAAB Aircraft Product Support, S-581.88, Linköping, Sweden.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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.* Issued in Renton, Washington, on March 3, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4660 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29257; Directorate Identifier 2007-NM-144-AD; Amendment 39-15422; AD 2008-06-10] RIN 2120-AA64 Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD requires repetitive detailed inspections for cracking of the left side and right side frame and reinforcement angles at fuselage station
(FS)640 between stringer 9 and stringer 12, and corrective actions if necessary. This AD also provides an optional terminating action for the repetitive inspections. This AD results from reports that cracks have been discovered on the frame and reinforcement angles at FS 640. We are issuing this AD to detect and correct cracking of the frame, which could lead to failure of the fuselage structure and possible loss of the airplane. DATES: This AD is effective April 16, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 16, 2008. ADDRESSES: For service information identified in this AD, contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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 this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Pong K. Lee, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone
(516)228-7324; fax
(516)794-5531. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an airworthiness directive
(AD)that would apply to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. That NPRM was published in the **Federal Register** on September 20, 2007 (72 FR 53704). That NPRM proposed to require repetitive detailed inspections for cracking of the left side and right side frame and reinforcement angles at fuselage station
(FS)640 between stringer 9 and stringer 12, and corrective actions if necessary. Comments We gave the public the opportunity to participate in developing this AD. We have considered the comments received. Request To Address Possible Terminating Modification Air Wisconsin requests that we consider including a possible terminating modification in the NPRM. Air Wisconsin states that the NPRM does not recognize other options that can be taken to modify FS640. Air Wisconsin continues that, in fact, a certain option is significantly better, providing a higher level of safety than the modification in Part C of Bombardier Service Bulletin 601R-53-061, Revision E, dated December 7, 2006, including Appendix B, Revision C, dated June 25, 2003 (cited as the appropriate source of service information for doing the proposed actions described in the NPRM), which is an interim modification requiring further inspections. Air Wisconsin continues that Transport Canada Civil Aviation
(TCCA)issued an alternate means of compliance
(AMOC)indicating that the inspections of Service Bulletin 601R-53-061 can be terminated by doing applicable actions described in Bombardier Alert Service Bulletin A601R-53-059, Revision E, dated March 21, 2005 (or later); or Bombardier Service Bulletin 601R-53-065, Revision A, dated August 24, 2005 (or later). Air Wisconsin states it has already modified 23 airplanes using Service Bulletin A601R-53-059, Revision E; or Bombardier Alert Service Bulletin A601R-53-059, Revision F, dated April 21, 2006; and intends to modify all its other affected airplanes within the next one to two years. Air Wisconsin asserts that any AD issued against Service Bulletin 601R-53-061 should specify that doing the applicable actions described in Service Bulletin A601R-53-059, Revision E or F; or Service Bulletin 601R-53-065, Revision A; is acceptable for terminating the repetitive inspections of Service Bulletin 601R-53-061. We agree with this request. In the NPRM, we stated that we considered the proposed AD to be interim action, and that we might consider further rulemaking if final action was later identified. We have determined that Air Wisconsin's request addresses appropriate final action, as described in the following service information. We have reviewed Bombardier Alert Service Bulletin A601R-53-059, Revision E, dated March 21, 2005, and Revision F, dated April 21, 2006; and Bombardier Service Bulletin 601R-53-065, Revision A, dated August 24, 2005, and Revision B, dated November 2, 2007. The service bulletins describe procedures for reinforcing the engine support beams that are acceptable for terminating the repetitive inspections described by Service Bulletin 601R-53-061, Revision E. We have determined that any reinforcement of the engine support beam done in accordance with Part A, B, or C, as applicable, of Alert Service Bulletin A601R 53-059, Revision E or F; or in accordance with Service Bulletin 601R-53-065, Revision A or B; is acceptable as optional terminating action for the repetitive inspections required by this AD. Therefore, we have added this service information to the AD; deleted existing paragraph
(f)of the NPRM; revised subsequent paragraphs (g), (h), and
(i)of this AD, and re-identified them as paragraphs (f), (g), and (h); relocated and reidentified paragraph
(j)of the NPRM as new paragraph (h)(2)(ii) of this AD; added new paragraph
(i)of this AD to describe the optional terminating action; and reidentified subsequent paragraphs (k), (l), and
(m)of the NPRM, as paragraphs (j), (k), and
(l)of this AD. Request for Clarification of Special Flight Permits Comair requests that we clarify paragraph
(i)of the NPRM (paragraph
(h)of this AD) regarding relocation of airplanes to service facilities after the discovery of cracking. Comair is concerned that the requirement to repair the crack before further flight forbids moving the airplane to a repair facility to accomplish the repair. Comair cites earlier ADs that included a provision for obtaining special flight permits to move airplanes to repair facilities in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199). Comair requests that such a statement be inserted into the NPRM. We do not agree with this request. On July 10, 2002, we issued a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs our ADs. Part 39 now includes material that relates to altered products, special flight permits, and AMOCs. Because this material now appears in part 39, an AD refers to special flight permits only when relocation flights are limited or not permitted. In that case, in accordance with 14 CFR 21.197 and 21.199 as described by the commenter, operators may apply for a special flight permit to move affected airplanes. However, special flights are neither limited nor prohibited by this AD; therefore, “before further flight” in this AD applies to any flight other than the flight taken to relocate the airplane to the repair facility. We have not changed the AD in this regard. Conclusion We 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 determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Costs of Compliance This AD affects about 739 airplanes of U.S. registry. The required inspection takes about 2 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $118,240, or $160 per airplane, 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 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. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. 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 FAA amends § 39.13 by adding the following new AD: **2008-06-10 Bombardier, Inc. (Formerly Canadair):** Amendment 39-15422. Docket No. FAA-2007-29257; Directorate Identifier 2007-NM-144-AD. Effective Date
(a)This airworthiness directive
(AD)is effective April 16, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, certificated in any category; as identified in Bombardier Service Bulletin 601R-53-061, Revision E, dated December 7, 2006. Unsafe Condition
(d)This AD results from reports that cracks have been discovered on the frame and reinforcement angles at fuselage station
(FS)640. Failure of this frame could degrade the structural integrity of the airplane. We are issuing this AD to detect and correct cracking of the frame, which could lead to failure of the fuselage structure and possible loss 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. Detailed Inspection
(f)Before the accumulation of 8,600 total flight cycles, or within 1,100 flight cycles after the effective date of this AD, whichever occurs later: Perform a detailed inspection to detect cracking of the left side and right side frames and reinforcement angles at FS640 between stringer 9 and stringer 12, in accordance with Part A of the Accomplishment Instructions of Bombardier Service Bulletin 601R-53-061, Revision E, dated December 7, 2006. 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.” Repetitive Inspection and Corrective Action
(g)If no crack is found during the inspection required by paragraph
(f)of this AD: Repeat the detailed inspection thereafter at intervals not to exceed 1,100 flight cycles, until the frame modification described in paragraph (h)(2) of this AD or the optional terminating modification described in paragraph
(i)of this AD has been done.
(h)If any crack is found during the inspection required by paragraph
(g)of this AD: Before further flight, repair the crack in accordance with paragraph (h)(1), (h)(2), or (h)(3) of this AD, as applicable.
(1)For any crack found in the frame at the stringer 9 cut-out only, repair in accordance with Part A of the Accomplishment Instructions of Bombardier Service Bulletin 601R-53-061, Revision E, dated December 7, 2006.
(2)For any crack found in the frame reinforcement doubler only, do the actions described in paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.
(i)Do the frame modification (including related investigative and corrective actions) described in Part C of the Accomplishment Instructions of Bombardier Service Bulletin 601R-53-061, Revision E, dated December 7, 2006; except where the service bulletin specifies to contact the manufacturer for repair instructions, repair the crack using a method approved by either the Manager, New York Aircraft Certification Office (ACO), FAA; or Transport Canada Civil Aviation
(TCCA)(or its delegated agent).
(ii)Within 12,000 flight cycles after doing the modification required by paragraph (h)(2)(i) of this AD, do the detailed inspection required by paragraph
(f)of this AD, then repeat the detailed inspection thereafter at intervals not to exceed 1,100 flight cycles.
(3)For any crack found in areas of the inspection zone described in paragraph
(f)of this AD other than those areas described in paragraphs (h)(1) and (h)(2) of this AD: Repair the crack using a method approved by either the Manager, New York ACO, FAA; or TCCA (or its delegated agent). Optional Terminating Action
(i)Reinforcement of any engine support beam in accordance with the Accomplishment Instructions of the service information described in paragraph (i)(1) or (i)(2) of this AD, as applicable, ends all repetitive inspections required by this AD for that support beam.
(1)For all airplanes: If the reinforcement is done before the effective date of this AD, Bombardier Alert Service Bulletin A601R-53-059, Revision E, dated March 21, 2005; or Revision F, dated April 21, 2006; may be used. After the effective date of this AD, only Bombardier Alert Service Bulletin A601R-53-059, Revision F, may be used.
(2)For airplanes identified in Bombardier Service Bulletin 601R-53-065, Revision B, dated November 2, 2007: If the reinforcement is done before the effective date of this AD, Bombardier Service Bulletin 601R-53-065, Revision A, dated August 24, 2005, or Revision B, may be used. After the effective date of this AD, only Bombardier Service Bulletin 601R-53-065, Revision B, may be used. No Reporting Requirement
(j)Although Bombardier Service Bulletin 601R-53-061, Revision E, dated December 7, 2006, specifies to submit certain information to the manufacturer, this AD does not include that requirement. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, New York ACO, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Related Information
(l)Canadian airworthiness directive CF-2003-12, dated May 7, 2003, also addresses the subject of this AD. Material Incorporated by Reference
(m)You must use Bombardier Service Bulletin 601R-53-061, Revision E, dated December 7, 2006, including Appendix B, Revision C, dated June 25, 2003, to do the actions required by this AD, unless the AD specifies otherwise. If you accomplish the optional actions specified by this AD, you must use Bombardier Alert Service Bulletin A601R-53-059, Revision F, dated April 21, 2006, excluding Appendix A, dated June 14, 2001; or Bombardier Service Bulletin 601R-53-065, Revision B, dated November 2, 2007; as applicable; to perform those actions, unless the AD specifies otherwise. Bombardier Service Bulletin 601R-53-061, Revision E, dated December 7, 2006, includes the following effective pages: Page Nos. Revision level shown on page Date shown on page 1-44 E December 7, 2006. Appendix B B1-B8 C June 25, 2003.
(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 Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada.
(3)You may review copies of the service information incorporated by reference at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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/code_of_federal_regulations/ibr_locations.html* . Issued in Renton, Washington, on March 3, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-4644 Filed 3-11-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-28529; Airspace Docket No. 07-ANM-12] Modification of Class E Airspace; Tucson, AZ AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will modify Class E airspace at Tucson, AZ. Additional controlled airspace is necessary to encompass holding patterns and intermediate segments at Tucson International Airport. The FAA is proposing this action to enhance the safety and management of Instrument Flight Rules
(IFR)operations at Tucson International Airport, Tucson, AZ. DATES: *Effective Date:* 0901 UTC, June 5, 2008. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation Administration, System Support Group, Western Service Area, 1601 Lind Avenue, SW., Renton, WA, 98057; telephone
(425)203-4517. SUPPLEMENTARY INFORMATION: History On August 29, 2007 the FAA published in the **Federal Register** a notice of proposed rulemaking to modify Class E airspace at Tucson, AZ (72 FR 49677). This action would enhance the safety and management of Instrument Flight Rules
(IFR)operations at Tucson International Airport, Tucson, AZ. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9R signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by modifying Class E airspace at Tucson International Airport, Tucson, AZ. Additional controlled airspace is necessary to encompass hold-in-lieu patterns at the LIPTE Initial Fix/Instrument Approach Fix (IF/IAF) at Tucson International Airport, Tucson, AZ and encompass intermediate segments from the ILEEN Distance Measuring Equipment
(DME)fix to COPEY DME fix. The FAA is proposing this action to enhance the safety and management of IFR operations at Tucson International Airport, Tucson, AZ. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:
(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)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies controlled airspace at Tucson International Airport, Tucson, AZ. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation
(air)Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, and effective September 15, 2007 is amended as follows: Paragraph 6005. Class E airspace areas extending upward from 700 feet or more above the surface of the earth. AWP AZ E5 Tucson, AZ 2 spaces [Modified] Tucson International Airport, AZ (Lat. 32°06′58″ N, long. 110°56′28″ W) Ryan Field, AZ (Lat. 32°08′32″ N, long. 111°10′28″ W) That airspace extending upward from 700 feet above the surface within an 8.7-mile radius of Tucson International Airport and within that airspace bounded by a line beginning at lat. 32°11′01″ N, long. 111°05′33″ W; to lat. 32°21′28″ N, long. 111°16′33″ W; to lat. 32°35′55″ N, long. 110°57′47″ W; to lat. 32°01′35″ N, long. 110°21′18″ W; to lat.31°44′6″ N, long. 110°42′30″ W; to lat.31°58′20″ N, long. 110°57′51″ W; to intercept the 8.7-mile radius southwest of the Tucson International Airport; thence clockwise via the 8.7-mile radius to the point of beginning; and that airspace within a 4.3-mile radius of Ryan Field and within 3.5 mile each side of the Ryan Field localizer course extending from the 4.3-mile radius to 7 miles west of the outer marker. That airspace extending upward from 1,200 feet above the surface bounded by a line beginning at lat. 32°33′00″ N, long. 111°45′02″ W; to lat.32°33′00″ N, long. 110°52′02″ W; thence north via long. 110°52′00″ W; to the south boundary of V-94, thence southeast via the south boundary of V-94; to long. 110°00′02″ W, thence south to lat. 31°39′00″ N; long 110°00′02″ W; to lat. 31°39′00″ N, long. 111°00′02″ W; to lat. 32°00′00″ N, long. 111°45′02″ W, to the point of origin. Issued in Seattle, Washington, on February 28, 2008. Kevin Nolan, Acting Manager, System Support Group, Western Service Center. [FR Doc. 08-996 Filed 3-11-08; 8:45 am]
Connectionstraces to 13
5 references not yet in our index
  • 10 CFR 72
  • 14 CFR 39
  • 1 CFR 51
  • 14 CFR 23
  • 14 CFR 71
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cites case law
Unknown
Direct final rule; withdrawal
C.F.R.§ 72.214
Fed. Reg.Proposed Rules
Fed. Reg.Notices
U.S.C.§ 106
C.F.R.§ 91.403
C.F.R.§ 39.19
U.S.C.§ 552
C.F.R.§ 21.29
C.F.R.§ 43.16
Cite10 CFR 72
Cite14 CFR 39
Cite1 CFR 51
Cites 18 · showing 12Cited by 0 across 0 sources
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