Federal Register / Vol. 73, No. 232 / Tuesday, December 2, 2008 / Rules and Regulations 73165 

review and provide such institution 

with copies of the request for review, 

the supporting documentation, and the 

FDIC’s procedures for requests under 

this subpart. The FDIC shall make 

reasonable efforts, based on its official 

systems of records, to determine that 

such institutions have been identified 

and notified. 

(d) During the FDIC’s consideration of 

a request for review, the amount of 

dividend in dispute will not be paid. 

(e) Within 30 days of receiving notice 

of the request for review under 

paragraph (b) of this section, those 

institutions identified as potentially 

affected by the request for review may 

submit a response to such request, along 

with any supporting documentation, to 

the Division of Finance, and shall 

provide copies to the requesting 

institution. If an institution that was 

notified under paragraph (c) of this 

section does not submit a response to 

the request for review, that institution 

may not subsequently: 

(1) Dispute the information submitted 

by any other institution on the 

transaction(s) at issue in that review 

process; or 

(2) Appeal the decision by the 

Director of the Division of Finance. 

(f) If additional information is 

requested of the requesting or affected 

institutions by the FDIC, such 

information shall be provided by the 

institution within 21 days of the date of 

the FDIC’s request for additional 

information. 

(g) Any institution submitting a 

timely request for review under 

paragraph (b) of this section will receive 

a written response from the FDIC’s 

Director of the Division of Finance 

(‘‘Director’’), or his or her designee, 

notifying the affected institutions of the 

determination of the Director as to 

whether the requested change is 

warranted, whenever feasible: 

(1) Within 60 days of receipt by the 

FDIC of the request for review; 

(2) If additional institutions have been 

notified by the requesting institution or 

the FDIC, within 60 days of the date of 

the last response to the notification; or 

(3) If additional information has been 

requested by the FDIC, within 60 days 

of receipt of the additional information, 

whichever is later. Notice of the 

procedures applicable to appeals under 

paragraph (g) of this section will be 

included with the Director’s written 

determination. 

(h) An insured depository institution 

may appeal the determination of the 

Director to the FDIC’s Assessment 

Appeals Committee on the same 

grounds as set forth under paragraph (b) 

of this section. Any such appeal must be 

submitted within 30 calendar days from 

the date of the Director’s written 

determination. The decision of the 

Assessment Appeals Committee shall be 

the final determination of the FDIC. 

By order of the Board of Directors. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E8–28405 Filed 12–1–08; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1251; Directorate 

Identifier 2008–SW–61–AD; Amendment 39– 

15756; AD 2008–22–53] 

RIN 2120–AA64 

Airworthiness Directives; MD 

Helicopters, Inc. Model MD900 

Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document supersedes 

AD 2008–18–52 and publishes in the 

Federal Register an amendment 

adopting Emergency Airworthiness 

Directive (AD) 2008–22–53 which was 

sent previously to all known U.S. 

owners and operators of MD 

Helicopters, Inc. (MDHI) Model MD900 

helicopters by individual letters. This 

AD requires turning ON both Vertical 

Stabilizer Control System (VSCS) 

switches and turning OFF the autopilot 

(AP/SAS) switch; pulling certain AP/ 

SAS circuit breakers; installing a 

placard near the AP/SAS master switch; 

installing an airspeed limitation placard 

on the instrument panel; and making 

changes to the Rotorcraft Flight Manual 

(RFM). This AD is prompted by 4 

occurrences in which the left VSCS 

adapter tubes failed on the MD900 

helicopters and the vertical stabilizer 

became uncontrollable, resulting in 

reduced yaw control of the helicopter. 

There were no injuries, but in one 

occurrence, due to the high speed quick 

yaw, the helicopter lost a window and 

a door. The actions specified by this AD 

are intended to prevent loss of yaw 

control and subsequent loss of control of 

the helicopter. 

DATES: Effective December 17, 2008, to 

all persons except those persons to 

whom it was made immediately 

effective by Emergency AD 2008–22–53, 

issued on October 23, 2008, which 

contained the requirements of this 

amendment. 

Comments for inclusion in the Rules 

Docket must be received on or before 

February 2, 2009. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD: 

• 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. 

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 Web 

at http://www.mdhelicopters.com. 

Examining the Docket: You may 

examine the docket that contains the 

AD, any comments, and other 

information 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 Docket 

Operations office (telephone (800) 647– 

5527) is located in Room W12–140 on 

the ground floor of the West Building at 

the street address stated in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Eric 

D. Schrieber, FAA, Los Angeles Aircraft 

Certification Office, Aviation Safety 

Engineer, Airframe Branch, 3960 

Paramount Blvd., Lakewood, California 

90712, telephone 562–627–5348, fax 

562–627–5210. 

SUPPLEMENTARY INFORMATION: On August 

20, 2008, we issued Emergency AD 

2008–18–51 for 500N, 600N, and 

MD900 helicopters. Emergency AD 

2008–18–51 was prompted by reports 

that 2 MD900 helicopters experienced 

failed VSCS adapter tubes. In one case, 

the helicopter experienced an 

uncommanded yaw, resulting in loss of 

a window and a door. The Emergency 

AD required several actions related to 

the Yaw Stability Augmentation System 

(YSAS) for the Model 500N and 600N 


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73166 Federal Register / Vol. 73, No. 232 / Tuesday, December 2, 2008 / Rules and Regulations 

helicopters and to the VSCS for the 

Model MD900 helicopters. 

After we issued Emergency AD 2008– 

18–51, we discovered that pulling the 

circuit breaker per the Emergency AD 

caused impaired directional control, 

which could result in loss of control of 

the helicopter. Therefore, on August 27, 

2008, we issued superseding Emergency 

AD 2008–18–52, which requires, for 

Model 500N, 600N and MD900 

helicopters, turning OFF the VSCS or 

YSAS switches instead of pulling the 

circuit breakers and installing placards 

that limit airspeed to 100 KIAS or VNE,

whichever is less. For the Model MD900 

helicopters, limiting flight to VFR, 

prohibiting use of the autopilot, and 

making changes to the Emergency 

Procedures and Airworthiness (sic) 

Limitations sections of the RFM are also 

required. For all of the helicopter 

models, Emergency AD 2008–18–52 

requires, within 45 days, terminating 

action by replacing the adapter tube 

with an airworthy adapter tube that has 

a date stamp of August 15, 2008 or later, 

and then removing the placards, 

removing the AD limitation changes 

from the RFM, and returning all 

switches and circuit breakers to their 

normal positions. 

Since the issuance of Emergency AD 

2008–18–52, we have had additional 

occurrences of failed adapter tubes on 

the MD900 helicopters. The 

replacement adapter tube that was 

terminating action for the requirements 

of Emergency AD 2008–18–52 failed on 

2 of the MD900 helicopters. 

Furthermore, adapter tubes without a 

production date code stamp remain a 

safety concern on the 500N and 600N 

helicopters because they may not 

conform to the FAA-approved design. 

Therefore, we separated the AD actions 

and issued 2 superseding Emergency 

ADs; 2008–22–52 for the 500N and 

600N helicopters, and 2008–22–53 for 

the MD900 helicopters. 

Emergency AD 2008–22–53 applies to 

the MD900 helicopters and continues to 

require the same actions as Emergency 

AD 2008–18–52; however, we made 

minor editorial changes and other 

changes as follows: 

• We do not include any serial 

numbers in the applicability because the 

unsafe condition can occur on any 

helicopter with the affected adapter tube 

installed. 

• We require both VSCS switches to 

be turned ON to reduce pilot workload 

under normal flight conditions and to 

help control the helicopter in the event 

of an adapter tube failure until the 

helicopter is on final approach. 

• We do not provide a terminating 

action because the cause of the failures 

is still being investigated. 

We have reviewed MDHI Service 

Bulletin (SB) SB900–110, dated October 

17, 2008. The SB specifies the 

following: 

• Making a placard that states 

‘‘AIRSPEED LIMIT 100 KIAS OR VNE, 

WHICHEVER IS LESS. VMC FLIGHT 

ONLY, AUTOPILOT OFF.’’ 

• Installing a placard on the 

instrument panel in view of the pilot. 

• Making a record in the compliance 

section of the Rotorcraft Log Book that 

the SB has been completed. 

• Operating the helicopter as 

specified in the applicable Rotorcraft 

Flight Manual Airspeed Limitation 

Section for helicopter operation. 

The SB also includes the following 

Notes: 

• Stronger replacement tube adapters 

with a new part number are in the FAA 

approval process. Owners and operators 

will be notified when the new adapter 

tubes are available by a revision to the 

service bulletin. 

• If there is an anti-torque system 

malfunction, de-energize the VSCS on 

final approach to a run on landing. Refer 

to Rotorcraft Flight Manual Emergency 

Procedures for Anti-torque Failure 

Complete Loss of Thrust and Fixed 

Thruster Setting. 

• Do an inspection before and after 

each flight to make sure vertical 

stabilizers are in the correct position 

and control linkages are attached. To 

check control linkages, apply light 

pressure with your hand to the trailing 

edge of left and right vertical stabilizer 

in the inboard and outboard direction. 

No more than 0.125 in. (3.175 mm) 

movement permitted. 

This AD differs from the SB in that it 

does not require, before and after each 

flight, an inspection of the vertical 

stabilizer and control linkages because 

we have determined that limiting the 

airspeed to 100 KIAS or VNE, whichever 

is less, will allow the continued safe 

operation of the helicopter in the event 

of an in-flight failure of the adapter 

tube. Also, this AD differs from the SB 

in that we require flight under VFR 

instead of VMC because the master 

minimum equipment list does not allow 

dispatch of the helicopter under IFR 

with an inoperative autopilot. 

This AD is an interim action that is 

intended to provide the continued safe 

operation of the helicopter in the event 

of an in-flight failure of the adapter 

tube. MDHI is currently attempting to 

determine the root cause of the adapter 

tube failures and develop final 

corrective action. We anticipate 

additional rulemaking once MDHI 

determines the cause of the adapter tube 

failures and develops an acceptable 

corrective action or terminating action 

for the requirements of this AD. 

Since the unsafe condition described 

is likely to exist or develop on other 

MDHI Model MD900 helicopters of the 

same type design, we issued 

superseding Emergency AD 2008–22–53 

to prevent loss of yaw control and 

subsequent loss of control of the 

helicopter. The Emergency AD requires 

the following before further flight: 

• Turning ON both VSCS switches 

and turning OFF the autopilot (AP/SAS) 

switch after centering the trim actuators. 

• Pulling and installing cable ties 

around certain AP/SAS circuit breakers. 

• Installing a placard next to the AP/ 

SAS master switch alerting the pilot that 

the autopilot has been deactivated. 

• Installing a placard on the 

instrument panel as close as practicable 

to the airspeed indicator that states: 

‘‘AIRSPEED LIMIT 100 KIAS or VNE, 

WHICHEVER IS LESS. VFR FLIGHT 

ONLY, AUTOPILOT OFF.’’ 

• Making pen and ink changes or 

inserting a copy of this AD into the 

limitations section of the RFM to revise 

the limitations as follows: ‘‘VNE is 

limited to 100 KIAS or less as 

determined by referring to the airspeed 

VNE placard already installed on the 

helicopter. VFR Flight Only, Autopilot 

Off.’’ 

• Making pen and ink changes or 

inserting a copy of this AD into the 

limitations section of the RFM to revise 

the emergency procedures as follows: 

‘‘If you experience an anti-torque system 

malfunction, turn both VSCS switches 

to OFF during final approach for a runon landing.’’ 

The short compliance time involved 

is required because the previously 

described critical unsafe condition can 

adversely affect the controllability of the 

helicopter. Therefore, the actions 

described previously are required before 

further flight, and this AD must be 

issued immediately. 

Since it was found that immediate 

corrective action was required, notice 

and opportunity for prior public 

comment thereon were impracticable 

and contrary to the public interest, and 

good cause existed to make the AD 

effective immediately by individual 

letters issued on October 23, 2008 to all 

known U.S. owners and operators of 

MDHI Model MD900 helicopters. These 

conditions still exist, and the AD is 

hereby published in the Federal 

Register as an amendment to 14 CFR 

39.13 to make it effective to all persons. 

We estimate that this AD will affect 

43 helicopters of U.S. registry. The 


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Federal Register / Vol. 73, No. 232 / Tuesday, December 2, 2008 / Rules and Regulations 73167 

required actions will take about 0.2 

work hour per helicopter, at an average 

labor rate of $80 per work hour. Parts 

cost are negligible. Based on these 

figures we estimate the total cost impact 

of the AD on U.S. operators to be about 

$688. However, MDHI states in their 

service information that costs of .2 

hours of labor will be covered under 

labor warranty. Assuming operators take 

advantage of this credit, we estimate 

that this AD will have no cost impact on 

U.S. operators. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

written data, views, or arguments 

regarding this AD. Send your comments 

to an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2008–1251; 

Directorate Identifier 2008–SW–61–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD. We will consider all comments 

received by the closing date and may 

amend the AD in light 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 with FAA 

personnel concerning this AD. Using the 

search function of our docket Web site, 

you can find and read the comments to 

any of our dockets, including the name 

of the individual who sent the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

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, 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: 

2008–22–53 MD Helicopters, Inc.: 

Amendment 39–15756. Docket No. 

FAA–2008–1251; Directorate Identifier 

2008–SW–61–AD. Supersedes 

Emergency AD 2008–18–52, Directorate 

Identifier 2008–SW–52–AD. 

Applicability: Model MD900 helicopters 

with a Vertical Stabilizer Control System 

(VSCS) adapter tube, part number 500N7218– 

1, installed, certificated in any category. 

Compliance: Required before further flight, 

unless accomplished previously. 

To prevent loss of yaw control and 

subsequent loss of control of the helicopter, 

do the following: 

(a) Turn ON both VSCS switches. 

(b) If installed, de-energize the autopilot 

(AP/SAS) as follows: 

(1) Determine if the AP/SAS trim actuators 

are centered. If the AP/SAS trim actuators are 

not centered, center them. 

(2) After the AP/SAS trim actuators are 

centered: 

(i) Turn the AP/SAS MSTR switch to the 

OFF position. 

(ii) Pull the following AP circuit breakers 

located on the A601 Essential Bus Circuit 

Breaker Panel, mounted in the cockpit 

console, and install a plastic cable tie on each 

circuit breaker to prevent accidental 

energizing of the circuit: 

(A) AP/SAS CMPTR (CB28), 

(B) AP/SAS DISC (CB29), and 

(C) AP/SAS ACCEL (CB30). 

(3) Install a placard next to the AP Mode 

Select panel that contains the AP/SAS MSTR 

switch stating ‘‘AP/SAS DEACTIVATED.’’ 

(c) Install a placard on the instrument 

panel as close as practicable to the airspeed 

indicator that states: 

‘‘AIRSPEED LIMIT 100 KIAS or VNE, 

WHICHEVER IS LESS. VFR FLIGHT ONLY, 

AUTOPILOT OFF.’’ 

(d) Make pen and ink changes or insert a 

copy of this AD into the limitations section 

of the rotorcraft flight manual (RFM) to revise 

the limitations as follows: ‘‘VNE is limited to 

100 KIAS or less as determined by referring 

to the airspeed VNE placard already installed 

on the helicopter. VFR Flight Only, Autopilot 

OFF.’’ 

(e) Make pen and ink changes or insert a 

copy of this AD into the limitations section 

of the RFM to revise the emergency 

procedures as follows: ‘‘If you experience an 

anti-torque system malfunction, turn both 

VSCS switches to OFF during final approach 

for a run-on landing.’’ 

Note: MDHI Service Bulletin SB900N–110, 

dated October 17, 2008, pertains to the 

subject of this AD. 

(f) 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: 

Eric D. Schrieber, Aviation Safety Engineer, 

Airframe Branch, 3960 Paramount Blvd., 

Lakewood, California 90712, telephone 562– 

627–5348, fax 562–627–5210, for information 

about previously approved alternative 

methods of compliance. 

(g) Copies of the applicable service 

information 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 Web at http://www.mdhelicopters.com. 

(h) This amendment becomes effective on 

December 17, 2008, to all persons except 

those persons to whom it was made 

immediately effective by Emergency AD 

2008–22–53, issued October 23, 2008, which 

contained the requirements of this 

amendment. 


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73168 Federal Register / Vol. 73, No. 232 / Tuesday, December 2, 2008 / Rules and Regulations 

Issued in Fort Worth, Texas, on November 

19, 2008. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–28347 Filed 12–1–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1241; Directorate 

Identifier 2008–NM–121–AD; Amendment 

39–15754; AD 2006–20–51 R1] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 777–200LR Series Airplanes 

Powered by General Electric (GE) 

Model GE90–110B Engines, and Model 

777–300ER Series Airplanes Powered 

by GE Model GE90–115B Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are revising an existing 

airworthiness directive (AD) that 

applies to certain Boeing Model 777– 

200LR and –300ER series airplanes. 

That AD currently requires revising the 

airplane flight manual to prohibit 

takeoffs at less than full-rated thrust. 

This new AD reduces the applicability 

of the existing AD. This AD results from 

a report of two occurrences of engine 

thrust rollback during takeoff. We are 

issuing this AD to prevent dual-engine 

thrust rollback during the takeoff phase 

of flight, which could result in the 

airplane failing to lift off before reaching 

the end of the runway or failing to clear 

obstacles below the takeoff flight path. 

DATES: This AD is effective January 6, 

2009. 

We must receive comments on this 

AD by February 2, 2009. 

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: 

Margaret Langsted, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6500; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On October 2, 2006, we issued AD 

2006–20–51, amendment 39–14786 (71 

FR 59651, October 11, 2006), for certain 

Boeing Model 777–200LR and –300ER 

series airplanes. That AD requires 

revising the airplane flight manual to 

prohibit takeoffs at less than full-rated 

thrust. That AD resulted from a report 

of two occurrences of engine thrust 

rollback (reduction) during takeoff. We 

issued that AD to prevent dual-engine 

thrust rollback, which could result in 

the airplane failing to lift off before 

reaching the end of the runway or 

failing to clear obstacles below the 

takeoff flight path. 

Actions Since Existing AD Was Issued 

Since issuance of AD 2006–20–51, 

Boeing has informed us that no U.S.- 

registered airplanes have full authority 

digital engine control (FADEC) software 

version A.0.4.5 installed, and that 

software version A.0.4.6 is being 

installed in production. In addition, we 

have determined that the affected 

airplanes are limited to those subject to 

the identified unsafe condition with 

FADEC electronic engine control (EEC) 

software version A.0.4.5 installed. We 

have also determined that FADEC 

software version A.0.4.6 has 

incorporated software revisions that 

prevent the reported roll-back 

conditions from occurring. Therefore, 

we also have determined that the 

applicability of AD 2006–20–51 can be 

revised to apply only to affected 

airplanes equipped with FADEC 

software version A.0.4.5. 

FAA’s Determination and Requirements 

of This AD 

No airplanes affected by this AD are 

on the U.S. Register. We are issuing this 

AD because the unsafe condition 

described previously is likely to exist or 

develop on other products of the(se) 

same type design(s) that could be 

registered in the United States in the 

future. This AD revises AD 2006–20–51. 

This AD retains the requirements of the 

existing AD and reduces the 

applicability of the existing AD. 

Since no U.S. registered airplanes are 

affected by this AD, notice and 

opportunity for public comment before 

issuing this AD are unnecessary. 

Interim Action 

We consider the requirements of this 

AD ‘‘interim action.’’ The manufacturer 

is developing a modification to address 

the unsafe condition (i.e., decreased 

takeoff thrust). We might consider 

further rulemaking if a modification is 

developed, approved, and available. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2008–1241; Directorate Identifier 2008– 

NM–121–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 


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