### 37786 Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Rules and Regulations

Models Serial Nos. (14) G58 .................................................................................................. TH

– 2126, TH

– 2127, TH

– 2131 through TH

– 2134, TH

– 2136, TH

– 2137, TH

– 2139 through TH

– 2141, and TH

– 2143 through TH

– 2150. (15) 77 .................................................................................................... WA

– 1 through WA

– 312.

Unsafe Condition

(d) This AD results from reports of certain circuit breaker toggle switches used in various electrical systems through the affected airplanes overheating. We are proposing this AD to prevent failure of the circuit breaker toggle switch, which could result in smoke in the cockpit and the inability to turn off the switch. Compliance (e) To address this problem, you must do the following, unless already done:

Actions Compliance Procedures (1) Replace all affected circuit breaker toggle

switches specified in paragraph (c) of this AD with an improved circuit breaker toggle switch, P/N 35

– 380132

– 61 through 35

– 380132

– 113, as applicable. Within the next 12 months after August 6, 2008 (the effective date of this AD). As specified in Hawker Beechcraft Recommended Service Bulletin SB 24

– 3807, Issued: May 2007, and Raytheon Aircraft Company Recommended Service Bulletin SB 24

– 3735, Issued: August 2005. (2) Do not install a circuit breaker toggle switch

specified in paragraph (c) of this AD. Before further flight after the replacement required by paragraph (e)(1) of this AD. Not applicable.

Alternative Methods of Compliance (AMOCs)

(f) The Manager, Wichita 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: Jose Flores, Aviation Safety Engineer, FAA, Wichita ACO, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946

– 4132; fax: (316) 946

– 4107. 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

(g) You must use Hawker Beechcraft Recommended Service Bulletin SB 24

– 3807, Issued: May 2007; and Raytheon Aircraft Company Recommended Service Bulletin SB 24

– 3735, Issued: August 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 Hawker Beechcraft Corporation, 9709 East Central, Wichita, Kansas 67291; telephone: (800) 429

– 5372 or (316) 676

– 3140.

(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. Issued in Kansas City, Missouri, on June 16, 2008. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8

– 14090 Filed 7

– 1

– 08; 8:45 am] **BILLING CODE 4910**

**– 13** 
**– P** 

**DEPARTMENT OF TRANSPORTATION Federal Aviation Administration**  **14 CFR Part 39 [Docket No. FAA** 

**– 2007** 
**– 0225; Directorate**  **Identifier 2007**

**– NM** 

**– 210** 
**– AD; Amendment**  **39**
**– 15583; AD 2008** 

**– 13** 
**– 20]**  **RIN 2120**

**– AA64**  **Airworthiness Directives; Boeing Model 757 Airplanes Equipped With**  **Rolls Royce RB211**

**– 535E Engines**  **AGENCY :**  Federal Aviation Administration (FAA), DOT. **ACTION :**  Final rule.
**SUMMARY :**  We are adopting a new airworthiness directive (AD) for certain Boeing Model 757 airplanes equipped with Rolls Royce RB211

– 535E engines. This AD requires repetitive inspections for signs of damage of the aft hinge fittings and attachment bolts of the thrust reversers, and related investigative and corrective actions if necessary. This AD results from reports of several incidents of bolt failure at the aft hinge fittings of the thrust reversers due to, among other things, high operational loads. We are issuing this AD to prevent failure of the attachment bolts and consequent separation of a thrust reverser from the airplane during flight, which could result in structural damage to the airplane. **DATES :**  This AD is effective August 6, 2008.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of August 6, 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 :**  Jason Deutschman, Aerospace Engineer, Airframe Branch, ANM

– 120S, Seattle Aircraft Certification Office, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057

– 3356; telephone (425) 917

– 6449; 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 757 airplanes equipped with Rolls Royce RB211

– 535E engines. That NPRM was published in


### 37787 Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Rules and Regulations

the Federal Register on November 26, 2007 (72 FR 65903). That NPRM proposed to require repetitive inspections for signs of damage of the aft hinge fittings and attachment bolts of the thrust reversers, and related investigative and corrective actions if necessary. Comments

We gave the public the opportunity to participate in developing this AD. We considered the comments received. Request to Include Terminating Action

Continental Airlines (CAL) and Federal Express (FedEx) ask that the preventive modification specified in Boeing Special Attention Service Bulletins 757

– 54

– 0049 and 757

– 54

– 0050, both dated July 16, 2007, be included in the AD as follows:

CAL asks that a new paragraph be added to clarify that accomplishing the preventive modification provided in Part III of the above referenced service bulletins constitutes terminating action for the repetitive inspections required by paragraph (f) of the NPRM.

FedEx states that the referenced service bulletins specify that the repetitive inspections are no longer necessary once the preventive modification is accomplished. FedEx would like to confirm that accomplishing the preventive modification will terminate any further inspections in the NPRM, and asks that we include the terminating action in the AD.

We agree that clarification is necessary for the reasons provided; therefore, we have added a newparagraph (h) to this AD (and reidentified subsequent paragraphs) to include optional terminating action for paragraph (f) of this AD. Request To Clarify Applicability

FedEx asks that Model 757

– 200SF (special freighter) airplanes be added to the applicability specified in paragraph (c) of the NPRM. FedEx states that the NPRM applies to Model 757

– 200,

– 200CB,

– 200PF, and

– 300 series airplanes equipped with Rolls Royce RB211

– 535E engines. FedEx states that its airplanes will be modified from the Model 757

– 200 passenger configuration to a special freighter configuration. FedEx adds that it will submit a supplemental type certificate (STC) to the FAA to confirm the new certification of the airplane after release of this AD.

We do not agree that Model 757

– 200SF airplanes should be added to the applicability in this AD. The airplanes cited by the commenter are legally known as ‘‘ Model 757

– 200 airplanes ’’ as identified on the airplane data plate. Even though they might be modified by STC and commonly known as ‘‘ special freighters, ’’ these airplanes continue to be identified by the type certificated model designation. We have made no change to the AD in this regard.

FedEx also asks for clarification of the difference between the effectivity specified in the concurrent service information referenced in paragraph (h) of the NPRM and the applicability in the NPRM. FedEx states that the concurrent service bulletin (Boeing Service Bulletin 757

– 54

– 0015, Revision 3, dated September 19, 1996) addresses the replacement of older hinge fittings for airplanes having line numbers 2 through 241.

We provide the following clarification. Paragraph (h) of the NPRM (changed to paragraph (i) in the final rule) requires accomplishing the actions in Boeing Service Bulletin 757

– 54

– 0015 prior to or concurrently with accomplishing the actions specified in Boeing Special Attention Service Bulletin 757

– 54

– 0049, dated July 16, 2007. Airplanes having line number 242 and subsequent have the production change installed and are covered by paragraph (e) of this AD. The NPRM is applicable to airplanes equipped with Rolls Royce RB211

– 535E engines; no line numbers are identified. Therefore, we have made no change to the AD in this regard. 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 606 airplanes of the affected design in the worldwide fleet. This AD affects about 295 airplanes of U.S. registry. The inspections take 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 $47,200, 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

– 13

– 20 Boeing: Amendment 39

– 15583. Docket No. FAA

– 2007

– 0225; Directorate Identifier 2007

–NM

– 210

–AD.


### 37788 Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Rules and Regulations

Effective Date

(a) This airworthiness directive (AD) is effective August 6, 2008. Affected ADs

(b) None. Applicability

(c) This AD applies to Boeing Model 757

– 200,

– 200CB,

– 200PF, and

– 300 series airplanes, certificated in any category; equipped with Rolls Royce RB211

– 535E engines. Unsafe Condition

(d) This AD results from reports of several incidents of bolt failure at the aft hinge fittings of the thrust reversers due to, among other things, high operational loads. We are issuing this AD to prevent failure of the attachment bolts and consequent separation of a thrust reverser from the airplane during flight, which could result in structural damage to 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/Investigative and Corrective Actions

(f) At the time specified in paragraph 1.E.

‘‘ Compliance, ’’ of Boeing Special Attention Service Bulletin 757

– 54

– 0049 or 757

– 54

– 0050, both dated July 16, 2007, as applicable, except as provided by paragraph (g) of this AD: Do a detailed inspection for signs of damage of the aft hinge fittings and attachment bolts of the thrust reversers by doing all the actions, including all applicable related investigative and corrective actions, as specified in the Accomplishment Instructions of the applicable service bulletin. Do all applicable related investigative and corrective actions at the time specified in paragraph 1.E.,

‘‘ Compliance, ’’ of the applicable service bulletin. If any damage is found and the service bulletins specify to contact Boeing for appropriate action: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph (k) of this AD.

(g) Where Boeing Special Attention Service Bulletins 757

– 54

– 0049 and 757

– 54

– 0050, both dated July 16, 2007, specify compliance times relative to the date on the service bulletin, this AD requires compliance within the specified compliance time after the effective date of this AD. Optional Terminating Action

(h) Accomplishing the preventive modification specified in Boeing Special Attention Service Bulletin 757

– 54

– 0049 or 757

– 54

– 0050, both dated July 16, 2007, terminates the repetitive inspections required by paragraph (f) of this AD. Concurrent Actions

(i) Prior to or concurrently with accomplishing the actions specified in Boeing Special Attention Service Bulletin 757

– 54

– 0049, dated July 16, 2007, accomplish the replacement specified in Boeing Service Bulletin 757

– 54

– 0015, Revision 3, dated September 19, 1996.

(j) Actions accomplished before the effective date of this AD in accordance with Boeing Service Bulletin 757

– 54

– 0015, dated February 16, 1989; Revision 1, dated December 20, 1990; or Revision 2, dated April 21, 1994 are considered acceptable for compliance with the corresponding actions specified in paragraph (i) 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.

(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

(l) You must use the Boeing service information contained in Table 1 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 Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124

– 2207.

(3) You may review copies of the service information that is 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

. 

### T ABLE 

### 1.

— M ATERIAL 

### I NCORPORATED BY 

### R EFERENCE
Service information Revision Date Boeing Special Attention Service Bulletin 757

– 54

– 0015 ................................................................ 3 ................................ September 19, 1996. Boeing Special Attention Service Bulletin 757

– 54

– 0049 ................................................................ Original ...................... July 16, 2007. Boeing Service Bulletin 757

– 54

– 0050 ............................................................................................ Original ...................... J uly 16, 2007.


### 37789 Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Rules and Regulations
Issued in Renton, Washington, on June 8, 2008. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8

– 14190 Filed 7

– 1

– 08; 8:45 am] **BILLING CODE 4910**

**– 13** 
**– P** 

**DEPARTMENT OF TRANSPORTATION Federal Aviation Administration**  **14 CFR Part 39 [Docket No. FAA** 

**– 2008** 
**– 0293; Directorate**  **Identifier 2007**

**– NM** 

**– 287** 
**– AD; Amendment**  **39**
**– 15582; AD 2008** 

**– 13** 
**– 19]**  **RIN 2120**

**– AA64**  **Airworthiness Directives; ATR Model ATR42** 

**– 200,** 
**– 300,** 
**– 320,** 
**– 500**  **Airplanes; and Model ATR72**

**– 101,** 

**– 201,** 
**– 102,** 
**– 202,** 
**– 211,** 
**– 212, and** 

**– 212A 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:

A recent incident evidenced that some failures of the Pitot probe heating resistance may not be seen by the low current detection system on aircraft not equipped with [ATR] modification 05469 * * *. In some conditions, an out of tolerance resistance,failing to provide a proper Pitot probe deicing could not be detected. * * * * *

The unsafe condition is that undetected icing of the pitot probe could produce incorrect airspeed readings, which could lead to loss of control of the airplane. We are issuing this AD to require actions to correct the unsafe condition on these products. **DATES :**  This AD becomes effective August 6, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of August 6, 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 March 13, 2008 (73 FR 13496). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:

A recent incident evidenced that some failures of the Pitot probe heating resistance may not be seen by the low current detection system on aircraft not equipped with [ATR] modification 05469 (SB (Service Bulletin) ATR42

– 30

– 0072 or ATR72

– 30

– 1042). In some conditions, an out of tolerance resistance, failing to provide a proper Pitot probe de-icing could not be detected.

To address this unsafe condition, this Airworthiness Directive (AD) requires repetitive verification of the Pitot probes ’ resistance and replacement of any defective probes, and ultimate replacement of the three low current sensors for Captain, First Officer and Standby Pitot probes.

The unsafe condition is that undetected icing of the pitot probe could produce incorrect airspeed readings, which could lead to loss of control of the airplane. 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

ATR has issued revisions to two of the service information documents identified in the NPRM: Avions de Transport Regional Service Bulletins ATR42

– 30

– 0074 and ATR72

– 30

– 1044, both Revision 01, both dated September 26, 2007. We have changed paragraphs (f)(1) and (h) accordingly, and added paragraph (f)(3) to give credit for actions done per the original versions of those service bulletins. 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 51 products of U.S. registry. We also estimate that it will take about 4 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 $1,880 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $112,200, or $2,200 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.