21242 Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Rules and Regulations 

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: 

2008–08–25 Boeing: Amendment 39–15479. 

Docket No. FAA–2006–26726; 

Directorate Identifier 2006–NM–205–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective May 27, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 747–

400F airplanes as identified in Boeing Alert 

Service Bulletin 747–25A3370, Revision 1, 

dated April 27, 2006; and Model 747–400 

series airplanes as identified in Boeing Alert 

Service Bulletin 747–25A3526, dated 

November 13, 2007; certificated in any 

category. 

Unsafe Condition 

(d) This AD results from a report that water 

from the dripshield entered the card file and 

damaged a circuit card, causing the AFT 

CARGO FIRE MSG message to be illuminated 

and resulting in an air turn back. We are 

issuing this AD to prevent water from 

entering the card file and damaging a circuit 

card. Failure of one or more of the 15 fuel 

system circuit cards in the card file could 

cause loss of fuel management, which could 

cause unavailability of fuel. Failure of one or 

more of the 35 fire detection circuit cards 

could cause a false message of a fire, or no 

message of a fire when there is a fire. 

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. 

Installation 

(f) Within 24 months after the effective 

date of this AD, install two drains and drain 

tubes in the dripshield above the M826 Card 

File over the nose wheel left side in the main 

equipment center at station 400, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–25A3370, Revision 1, dated April 27, 

2006 (for Model 747–400F series airplanes); 

or Boeing Alert Service Bulletin 747–

25A3526, dated November 13, 2007 (for 

Model 747–400 series airplanes). 

Installation According to Previous Issue of 

Service Bulletin 

(g) Installing the drains and drain tubes is 

also acceptable for compliance with the 

requirements of paragraph (f) of this AD if 

done before the effective date of this AD in 

accordance with Boeing Alert Service 

Bulletin 747–25A3370, dated September 8, 

2005. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Seattle Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Material Incorporated by Reference 

(i) You must use Boeing Alert Service 

Bulletin 747–25A3370, Revision 1, dated 

April 27, 2006; or Boeing Alert Service 

Bulletin 747–25A3526, dated November 13, 

2007; as applicable; 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 April 7, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–8327 Filed 4–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–0049; Directorate 

Identifier 2007–NM–168–AD; Amendment 

39–15478; AD 2008–08–24] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, –700C, –800, and 

–900 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 737–600, –700, –700C, 

–800, and –900 series airplanes. This 

AD requires replacing the drain tube 

assemblies and support clamps on the 

aft fairing of the engine struts. This AD 

results from reports of failure of the 

drain tube assembly and clamp on the 

aft fairings of an engine strut. We are 

issuing this AD to prevent failure of the 


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Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Rules and Regulations 21243 

drain tube assemblies and clamps on the 

aft fairings of the of the engine struts. 

Such a failure could allow leaked 

flammable fluids in the drain systems to 

discharge on to the heat shields of the 

aft fairings of the engine struts, which 

could result in an undetected and 

uncontrollable fire. 

DATES: This AD is effective May 27, 

2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of May 27, 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: 

Samuel Spitzer, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6510; 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 737–600, –700, 

–700C, –800, and –900 series airplanes. 

That NPRM was published in the 

Federal Register on October 17, 2007 

(72 FR 58773). That NPRM proposed to 

require replacing the drain tube 

assemblies and support clamps on the 

aft fairings of the engine struts. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received from 

the two commenters. 

Support for the NPRM 

Boeing supports the NPRM. 

Request for Revision of Compliance 

Time 

The Air Transport Association (ATA), 

on behalf of a member, American 

Airlines, requests that the compliance 

time specified in paragraph (f) of the 

NPRM be revised from 60 to 72 months. 

The ATA states that the operators’

routine maintenance schedules may not 

allow for accomplishment of the 

proposed replacement on affected 

aircraft within the proposed compliance 

time, and thus operators would incur 

additional costs associated with special 

scheduling. 

We do not agree with the commenter’s 

request 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 replacement within a period of 

time that corresponds to the normal 

scheduled maintenance for most 

affected operators. However, according 

to the provisions of paragraph (g) of the 

final rule, we may approve requests to 

adjust the compliance time if the 

request includes data that prove that the 

new compliance time would provide an 

acceptable level of safety. 

Request To Change the Work Hours of 

the ‘‘Costs of Compliance’’ Section 

The ATA also requests that the work 

hours specified in the ‘‘Costs of 

Compliance’’ section of the NPRM be 

changed from 4 to 10.5 work hours. The 

ATA states that Boeing Special 

Attention Service Bulletin 737–54–

1043, dated May 2, 2007 (referred to as 

the appropriate source of service 

information for accomplishing the 

proposed actions in the NPRM), 

includes 7 work hours for open and 

close access. The ATA states that such 

a change will provide a better 

representation of the time included in 

the service bulletin. 

We do not agree with the ATA’s 

request to increase the work hours 

specified in the ‘‘Costs of Compliance’’

section of the NPRM. That section 

describes only the direct costs of the 

specific actions required by this AD. 

Based on the best data available, the 

manufacturer provided the number of 

work hours (four) necessary to do the 

required actions. This number 

represents the time necessary to perform 

only the actions actually required by 

this AD. We recognize that, in doing the 

actions required by an AD, operators 

might incur incidental costs in addition 

to the direct costs. The cost analysis in 

AD rulemaking actions, however, 

typically does not include incidental 

costs such as the time required to gain 

access and close up, time necessary for 

planning, or time necessitated by other 

administrative actions. Those incidental 

costs, which might vary significantly 

among operators, are almost impossible 

to calculate. Therefore, we have made 

no change to the AD in this regard. 

Clarification of Replacement 

For clarification purposes, we have 

revised paragraph (f) from: ‘‘Within 60 

months after the effective date of this 

AD, remove the drain tube assemblies 

and support clamps on the aft fairing of 

the struts of engine number 1 and 

engine number 2. These are to be 

replaced with new drain tube 

assemblies and clamps * * *’’ to: 

‘‘Within 60 months after the effective 

date of this AD, replace the drain tube 

assemblies and support clamps on the 

aft fairing of the struts of engine number 

1 and engine number 2 with new drain 

tube assemblies and clamps * * *’’ to 

provide consistency of terminology. 

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 2,058 airplanes of the 

affected design in the worldwide fleet. 

This AD affects about 721 airplanes of 

U.S. registry. The actions take about 4 

work hours per airplane, at an average 

labor rate of $80 per work hour. 

Required parts cost about $2,351 per 

airplane. Based on these figures, the 

estimated cost of this AD for U.S. 

operators is $1,925,791, or $2,671 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 


rfrederick on PROD1PC67 with RULES
21244 Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Rules and Regulations 

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: 

2008–08–24 Boeing: Amendment 39–15478. 

Docket No. FAA–2007–0049; Directorate 

Identifier 2007–NM–168–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective May 27, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 737–

600, –700, –700C, –800, and –900 series 

airplanes, certificated in any category; as 

identified in Boeing Special Attention 

Service Bulletin 737–54–1043, dated May 2, 

2007. 

Unsafe Condition 

(d) This AD results from reports of failure 

of the drain tube assembly and support 

clamp on the aft fairing of an engine strut. 

We are issuing this AD to prevent failure of 

the drain tube assemblies and clamps on the 

aft fairings of the engine struts. Such a failure 

could allow leaked flammable fluids in the 

drain systems to discharge on to the heat 

shields of the aft fairings of the engine struts, 

which could result in an undetected and 

uncontrollable fire. 

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. 

Replacement 

(f) Within 60 months after the effective 

date of this AD, replace the drain tube 

assemblies and support clamps on the aft 

fairing of the struts of engine number 1 and 

engine number 2 with new drain tube 

assemblies and clamps, in accordance with 

the Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 737–54–

1043, dated May 2, 2007. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Seattle Aircraft 

Certification Office, 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 

(h) You must use Boeing Special Attention 

Service Bulletin 737–54–1043, dated May 2, 

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 April 8, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–8328 Filed 4–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0196; Directorate 

Identifier 2008–CE–002–AD; Amendment 

39–15482; AD 2008–09–02] 

RIN 2120–AA64 

Airworthiness Directives; APEX 

Aircraft Model CAP 10B Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing 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: 

Further to a new fracture in flight of a CAP 

10B wing in June 2003, the investigation in 

process seems to point out that a wrong 

application of CAP 10B Service Bulletin No. 

16 (CAP 10B–57–004) would lead to the 

impossibility of detecting the potential spar 

damage while performing the Type 

Certificate holder upper spar flange 

inspection. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective May 

27, 2008. 

On May 27, 2008, the Director of the 

Federal Register approved the 

incorporation by reference of APEX 

Aircraft Document No. 1000913GB, 

dated February 4, 2002; APEX Aircraft 

Document No. 1000914GB, dated 

February 4, 2002; and APEX Aircraft 

Document No. 1000915GB, dated 

February 4, 2002, listed in this AD. 

As of July 23, 1993 (58 FR 31342, June 

2, 1993), the Director of the Federal 

Register approved the incorporation by 

reference of Avions Mudry & CIE 

Service Bulletin CAP 10B No. 16, dated 

April 27, 1992, listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 


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