67236 Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Rules and Regulations 

defined at section 1818(g)(1)(E) of Title 

12). 

(2) An order of removal or prohibition 

shall be entered if a judgment of 

conviction is entered against the 

institution-affiliated party for a crime 

described in § 308.161(a)(2). 

(c) The notice of suspension or 

prohibition or the order of removal or 

prohibition shall: 

(1) Inform the institution-affiliated 

party that a written request for a 

hearing, stating the relief desired and 

grounds therefore, and any supporting 

evidence, may be filed with the 

Executive Secretary within 30 days after 

receipt of the written notice or order; 

and 

(2) Summarize or cite to the relevant 

considerations specified in § 308.162 of 

this subpart. 

§ 308.164 Hearings. 

(a) Hearing dates. The Executive 

Secretary shall order a hearing to be 

commenced within 30 days after receipt 

of a request for hearing filed pursuant to 

§ 308.163. Upon the request of the 

institution-affiliated party, the presiding 

officer or the Executive Secretary may 

order a later hearing date. 

(b) Hearing procedure. (1) The hearing 

shall be held in Washington, DC, or at 

another designated place, before a 

presiding officer designated by the 

Executive Secretary. 

(2) The provisions of §§ 308.6 through 

308.12, 308.16, and 308.21 of the 

Uniform Rules and §§ 308.101 through 

308.102 and 308.104 through 308.106 of 

subpart B of the Local Rules shall apply 

to hearings held pursuant to this 

subpart. 

(3) The institution-affiliated party 

may appear at the hearing and shall 

have the right to introduce relevant and 

material documents and oral argument. 

Members of the FDIC enforcement staff 

may attend the hearing and participate 

as representatives of the FDIC 

enforcement staff. 

(4) There shall be no discovery in 

proceedings under this subpart. 

(5) At the discretion of the presiding 

officer, witnesses may be presented 

within specified time limits, provided 

that a list of witnesses is furnished to 

the presiding officer and to all other 

parties prior to the hearing. Witnesses 

shall be sworn, unless otherwise 

directed by the presiding officer. The 

presiding officer may ask questions of 

any witness. Each party shall have the 

opportunity to cross-examine any 

witness presented by an opposing party. 

The transcript of the proceedings shall 

be furnished, upon request and payment 

of the cost thereof, to the institutionaffiliated party afforded the hearing. 

(6) In the course of or in connection 

with any hearing under paragraph (b) of 

this section, the presiding officer shall 

have the power to administer oaths and 

affirmations, to take or cause to be taken 

depositions of unavailable witnesses, 

and to issue, revoke, quash, or modify 

subpoenas and subpoenas duces tecum. 

Where the presentation of witnesses is 

permitted, the presiding officer may 

require the attendance of witnesses from 

any state, territory, or other place 

subject to the jurisdiction of the United 

States at any location where the 

proceeding is being conducted. Witness 

fees shall be paid in accordance with 

§ 308.14 of the Uniform Rules. 

(7) Upon the request of the 

institution-affiliated party afforded the 

hearing, or the members of the FDIC 

enforcement staff, the record shall 

remain open for five business days 

following the hearing for the parties to 

make additional submissions to the 

record. 

(8) The presiding officer shall make 

recommendations to the Board of 

Directors, where possible, within 10 

days after the last day for the parties to 

submit additions to the record. 

(9) The presiding officer shall forward 

his or her recommendation to the 

Executive Secretary who shall promptly 

certify the entire record, including the 

recommendation to the Board of 

Directors. The Executive Secretary’s 

certification shall close the record. 

(c) Written submissions in lieu of 

hearing. The institution-affiliated party 

may in writing waive a hearing and 

elect to have the matter determined on 

the basis of written submissions. 

(d) Failure to request or appear at 

hearing. Failure to request a hearing 

shall constitute a waiver of the 

opportunity for a hearing. Failure to 

appear at a hearing in person or through 

an authorized representative shall 

constitute a waiver of hearing. If a 

hearing is waived, the order shall be 

final and unappealable, and shall 

remain in full force and effect pursuant 

to § 308.163. 

(e) Decision by Board of Directors or 

its designee. Within 60 days following 

the Executive Secretary’s certification of 

the record to the Board of Directors or 

its designee, the Board of Directors or its 

designee shall notify the institutionaffiliated party whether the notice of 

suspension or prohibition or the order 

of removal or prohibition will be 

continued, terminated, or otherwise 

modified. The notification shall state 

the basis for any decision of the Board 

of Directors or its designee that is 

adverse to the institution-affiliated 

party. The Board of Directors or its 

designee shall promptly rescind or 

modify a notice of suspension or 

prohibition or an order of removal or 

prohibition where the decision is 

favorable to the institution-affiliated 

party. 

Dated this 5th day of November, 2007. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E7–22969 Filed 11–27–07; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–29259; Directorate 

Identifier 2007–NM–195–AD; Amendment 

39–15274; AD 2007–24–08] 

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 superseding an 

existing airworthiness directive (AD) 

that applies to all Boeing Model 767 

airplanes. That AD currently requires 

repetitive measurements of the rudder 

and elevator freeplay, repetitive 

lubrications of rudder and elevator 

components, and related investigative/ 

corrective actions if necessary. This new 

AD instead requires revised repetitive 

measurements of the rudder freeplay 

and the elevator freeplay for each of the 

power control actuators (PCAs) that 

move the rudder and elevator, corrective 

and related investigative actions if 

necessary, and repetitive lubrications of 

the rudder and elevator components. 

For some airplanes, this AD also 

requires related concurrent actions. This 

AD results from reports of freeplayinduced vibration of the rudder and the 

elevator. The potential for vibration of 

the control surface should be avoided 

because the point of transition from 

vibration to divergent flutter is 

unknown. We are issuing this AD to 

prevent excessive vibration of the 

airframe during flight, which could 

result in loss of control of the airplane. 

DATES: This AD becomes effective 

November 28, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of November 28, 2007. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 


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Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Rules and Regulations 67237 

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: 

Tamara Anderson, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6421; 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 

supersedes AD 2006–11–12, amendment 

39–14616 (71 FR 30272, May 26, 2006). 

The existing AD applies to all Boeing 

Model 767 airplanes. That NPRM was 

published in the Federal Register on 

September 20, 2007 (72 FR 53701). That 

NPRM proposed to require revised 

repetitive measurements of the rudder 

freeplay and the elevator freeplay for 

each of the power control actuators 

(PCAs) that move the rudder and 

elevator, corrective and related 

investigative actions if necessary, and 

repetitive lubrications of the rudder and 

elevator components. For some 

airplanes, the NPRM also proposed to 

require related concurrent actions. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments that have 

been received on the NPRM. 

Supportive Comment 

Boeing concurs with the contents of 

the proposed AD. British Airways (BA) 

also supports the need to do rudder and 

elevator freeplay checks and 

lubrications. 

Request To Extend the Compliance 

Time of Freeplay Measurements 

Air Canada, BA, All Nippon Airways 

(ANA), and Japan Air Lines (JAL) 

request that we extend the compliance 

time in paragraph (g)(1) of the proposed 

AD from 12 months after the effective 

date of the AD to 18 months after the 

effective date of the AD. JAL suggests 

that if 18 months after the effective date 

of the AD is not acceptable, 18 months 

after the release date of the referenced 

service bulletin would be an acceptable 

alternative. Air Canada notes that since 

Boeing was given enough time to revise 

a service bulletin, operators should be 

given enough time to plan the job 

without significant impact on 

operational schedules. BA notes they 

have been unable to accomplish the 

referenced service bulletins because of 

the unavailability of tooling, and 

advises that they would not be able to 

accomplish the AD within the proposed 

12 months compliance time without 

significant out-of-service time. ANA and 

JAL state that scheduling their fleets to 

accomplish the AD within the proposed 

12 months compliance time is not 

practical considering the large size of 

their Model 767 fleet, the C-check 

maintenance interval (almost 22 months 

and almost 18 months respectively), and 

the schedules of their maintenance 

facilities. ANA adds that manpower and 

parts provisioning also contribute to 

scheduling difficulties. ANA, BA, and 

JAL note that the service bulletin was 

approved with an 18-month compliance 

time. 

We agree that a change to the 

compliance time in paragraph (g)(1) of 

this AD is necessary, since we intended 

to have the required compliance time 

coincide with the compliance time 

recommended in Boeing Special 

Attention Service Bulletins 767–27–

0197 and 767–27–0198, both Revision 1, 

both dated July 19, 2007. However, we 

do not agree to change the compliance 

time to 18 months after the effective 

date of this AD. As explained in the 

proposed AD, we have determined that 

18 months after the effective date of the 

AD would not address the unsafe 

condition soon enough to ensure an 

adequate level of safety for the fleet. We 

have revised paragraph (g)(1) to allow a 

compliance time of 14 months after the 

effective date of the AD. This 

compliance time has been coordinated 

with Boeing. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

We also determined that this change 

will not increase the economic burden 

on any operator or increase the scope of 

the AD. 

Costs of Compliance 

There are about 979 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. No parts are 

necessary to accomplish any action. 

ESTIMATED COSTS

Action Work 

hours 

Average 

labor rate 

per hour 

Cost per airplane 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

Freeplay measurement ................. 30 $80 $2,400, per measurement cycle ... 423 $1,015,200, per measurement 

cycle. 

Lubrication ..................................... 27 80 $2,160, per lubrication cycle ........ 423 $913,680, per lubrication 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 


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67238 Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Rules and Regulations 

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 39–14616 (71 

FR 30272, May 26, 2006) and by adding 

the following new airworthiness 

directive (AD): 

2007–24–08 Boeing: Amendment 39–15274. 

Docket No. FAA–2007–29259; 

Directorate Identifier 2007–NM–195–AD. 

Effective Date 

(a) This AD becomes effective November 

28, 2007. 

Affected ADs 

(b) This AD supersedes AD 2006–11–12. 

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 results from reports of 

freeplay-induced vibration of the rudder and 

the elevator. The potential for vibration of the 

control surface should be avoided because 

the point of transition from vibration to 

divergent flutter is unknown. We are issuing 

this AD to prevent excessive vibration of the 

airframe during flight, which could result in 

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. 

Service Bulletin References 

(f) The term ‘‘service bulletin,’’ as used in 

this AD, means the Accomplishment 

Instructions and Appendices A, B, and C of 

the following service bulletins, as applicable: 

(1) For Model 767–200, –300, and –300F 

series airplanes: Boeing Special Attention 

Service Bulletin 767–27–0197, Revision 1, 

dated July 19, 2007; and 

(2) For Model 767–400ER series airplanes: 

Boeing Special Attention Service Bulletin 

767–27–0198, Revision 1, dated July 19, 

2007. 

Repetitive Measurements 

(g) At the latest of the compliance times 

specified in paragraphs (g)(1), (g)(2), and 

(g)(3) of this AD, as applicable: Measure the 

rudder and elevator freeplay. Repeat the 

measurement thereafter at intervals not to 

exceed 12,000 flight hours or 36 months, 

whichever occurs first. Do all actions 

required by this paragraph in accordance 

with the service bulletin. 

(1) Within 14 months after the effective 

date of this AD. 

(2) Within 36 months since the date of 

issuance of the original standard 

airworthiness certificate or the date of 

issuance of the original export certificate of 

airworthiness. 

(3) For the elevator freeplay measurement: 

Within 12,000 flight hours or within 36 

months after the last elevator freeplay 

inspection accomplished in accordance with 

Boeing Special Attention Service Bulletin 

767–27–0197 or 767–27–0198, both dated 

October 27, 2005, as applicable, whichever 

occurs first. 

Related Investigative and Corrective Actions 

(h) If any measurement found during the 

measurement required by paragraph (g) of 

this AD exceeds any applicable limit 

specified in the service bulletin: Before 

further flight, do the applicable related 

investigative and corrective actions in 

accordance with the service bulletin. 

Initial Lubrication 

(i) At the latest of the compliance times 

specified in paragraphs (i)(1), (i)(2), and (i)(3) 

of this AD, as applicable: Lubricate the 

rudder and elevator components specified in 

the service bulletin. Do all actions required 

by this paragraph in accordance with the 

service bulletin. 

(1) Within 9 months after the effective date 

of this AD, or within 9 months since the date 

of issuance of the original standard 

airworthiness certificate or the date of 

issuance of the original export certificate of 

airworthiness; whichever occurs later. 

(2) For airplanes on which BMS 3–33 

grease is not already in use prior to the time 

the lubrication task is being accomplished: 

Within 3,000 flight hours or 9 months after 

the last lubrication accomplished in 

accordance with the service bulletin or 

Boeing Special Attention Service Bulletin 

767–27–0197 or 767–27–0198, both dated 

October 27, 2005, whichever occurs first. 

(3) For airplanes on which BMS 3–33 

grease is already in use prior to the time the 

lubrication task is being accomplished: 

Within 6,000 flight hours or 18 months after 

the last lubrication accomplished in 

accordance with the service bulletin or 

Boeing Special Attention Service Bulletin 

767–27–0197 or 767–27–0198, both dated 

October 27, 2005, whichever occurs first. 

Repetitive Lubrication 

(j) Repeat the lubrication required in 

paragraph (i) of this AD at the applicable 

interval specified in paragraph (j)(1) or (j)(2) 

of this AD. 

(1) For airplanes on which BMS 3–33 

grease is not already in use prior to the time 

the lubrication task is being accomplished: 

At intervals not to exceed 3,000 flight hours 

or 9 months, whichever occurs first. 

(2) For airplanes on which BMS 3–33 

grease is already in use prior to the time the 

lubrication task is being accomplished: At 

intervals not to exceed 6,000 flight hours or 

18 months, whichever occurs first. 

Repetitive Prior or Concurrent Inspection 

(k) For airplanes specified in paragraphs 

(k)(1) and (k)(2) of this AD: Prior to or 

concurrently with the accomplishment of 

each elevator freeplay measurement specified 

in paragraph (g) of this AD, do all applicable 

actions required by AD 2001–04–09. 

(1) Group 1, configuration 2, airplanes as 

identified in Boeing Special Attention 

Service Bulletin 767–27–0197, Revision 1, 

dated July 19, 2007. 

(2) Group 1, configuration 1, airplanes as 

identified in Boeing Special Attention 

Service Bulletin 767–27–0198, Revision 1, 

dated July 19, 2007. 

Alternative Methods of Compliance 

(AMOCs) 

(l)(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 


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Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Rules and Regulations 67239 

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. 

(4) AMOCs approved previously in 

accordance with AD 2006–11–12 are 

approved as AMOCs for the corresponding 

provisions of this AD. 

(5) AMOCs approved previously in 

accordance with AD 2001–04–09, are 

approved as AMOCs for the corresponding 

provisions of paragraph (k) of this AD. 

Material Incorporated by Reference 

(m) You must use Boeing Special Attention 

Service Bulletin 767–27–0197, Revision 1, 

dated July 19, 2007; or Boeing Special 

Attention Service Bulletin 767–27–0198, 

Revision 1, dated July 19, 2007; 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; 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/federalregister/cfr/ibr-locations.html. 

Issued in Renton, Washington, on 

November 16, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–22854 Filed 11–27–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28883; Directorate 

Identifier 2007–NM–106–AD; Amendment 

39–15267; AD 2007–24–01] 

RIN 2120–AA64 

Airworthiness Directives; Hawker 

Beechcraft Model 400A 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 

Hawker Beechcraft Model 400A series 

airplanes. This AD requires inspecting 

the galley cabinets to determine if a 

certain part number is installed or if a 

certain size of wire already exists, and 

doing related investigative/corrective 

actions if necessary. This AD results 

from reports of undersized, and 

consequently unprotected, wire in the 

galley cabinets. We are issuing this AD 

to prevent overheating of wire 

insulation and consequent fire or smoke 

in the airplane cabin. 

DATES: This AD becomes effective 

January 2, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of January 2, 2008. 

ADDRESSES: For service information 

identified in this AD, contact Hawker 

Beechcraft Corporation, 9709 East 

Central, Wichita, Kansas 67206. 

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: 

Philip Petty, Aerospace Engineer, 

Electrical Systems and Avionics, ACE–

119W, FAA, Wichita Aircraft 

Certification Office, 1801 Airport Road, 

Room 100, Mid-Continent Airport, 

Wichita, Kansas 67209; telephone (316) 

946–4139; fax (316) 946–4107. 

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 Hawker Beechcraft 

Model 400A series airplanes. That 

NPRM was published in the Federal 

Register on August 9, 2007 (72 FR 

44813). That NPRM proposed to require 

inspecting the galley cabinets to 

determine if a certain part number is 

installed or if a certain size of wire 

already exists, and doing related 

investigative/corrective actions if 

necessary. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We received no 

comments on the NPRM or on the 

determination of the cost to the public. 

Change to Language in Final Rule 

We have removed the words ‘‘if 

necessary’’ that were inadvertently 

added to paragraph (f) of the NPRM. The 

actions in paragraph (f) of this AD are 

required. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD with the change 

described previously. We have 

determined that this change will neither 

increase the economic burden on any 

operator nor increase the scope of the 

AD. 

Costs of Compliance 

There are about 285 airplanes of the 

affected design in the worldwide fleet. 

This AD affects about 214 airplanes of 

U.S. registry. The required inspection 

takes 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 AD for U.S. 

operators is $17,120, or $80 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, 


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