45350 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Rules and Regulations 

stringers 5 and 10 on the left and right sides; 

and do all the applicable investigative and 

corrective actions; by doing all of the 

applicable actions in accordance with the 

Accomplishment Instructions of the service 

bulletin, except as provided by paragraph (h) 

of this AD. Do all applicable investigative 

and corrective actions before further flight. 

Repeat the applicable inspections thereafter 

at the applicable intervals specified in 

paragraph 1.E. of the service bulletin. 

Exception to Compliance Times 

(g) Where Boeing Alert Service Bulletin 

777–53A0051, dated November 8, 2007, 

specifies counting the compliance time from 

‘‘* * * the date on this service bulletin,’’ this 

AD requires counting the compliance time 

from the effective date of this AD. 

Exception to Corrective Actions 

(h) If any damage beyond the repair limits 

specified in Boeing Alert Service Bulletin 

777–53A0051, dated November 8, 2007, is 

found during any inspection required by this 

AD, and the service bulletin specifies to 

contact Boeing for appropriate action: Before 

further flight, repair the crack using a method 

approved in accordance with the procedures 

specified in paragraph (i) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, ATTN: 

Duong Tran, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057–

3356; telephone (425) 917–6452; fax (425) 

917–6590 has the authority to approve 

AMOCs for this AD, if requested using 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. 

Material Incorporated by Reference 

(j) You must use Boeing Alert Service 

Bulletin 777–53A0051, dated November 8, 

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 July 23, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–17749 Filed 8–4–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0413; Directorate 

Identifier 2008–NM–003–AD; Amendment 

39–15631; AD 2008–16–13] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, –700C, –800, 

–900, and –900ER 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, –900, and –900ER series 

airplanes. This AD requires replacing 

the pushrods for the left and right 

elevator tab control mechanisms with 

new, improved pushrods. This AD 

results from a report of a rod end 

fracture on a rudder power control unit 

(PCU) control rod, which is similar to 

the ones used for the elevator tab 

pushrods. Analysis revealed that the 

fractured rod end had an incorrect 

hardness, which had probably occurred 

during the manufacture of the control 

rod. We are issuing this AD to prevent 

fracture of the elevator tab pushrod 

ends, which could result in excessive 

in-flight vibrations of the elevator tab, 

possible loss of the elevator tab, and 

consequent loss of controllability of the 

airplane. 

DATES: This AD is effective September 9, 

2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 9, 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: 

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 

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, –900, and –900ER series 

airplanes. That NPRM was published in 

the Federal Register on April 24, 2008 

(73 FR 22090). That NPRM proposed to 

require replacing the pushrods for the 

left and right elevator tab control 

mechanisms with new, improved 

pushrods. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the two comments received. 

Boeing concurs with the contents of the 

NPRM, and Continental Airlines has no 

issues with the NPRM. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

We estimate that this AD affects 715 

airplanes of U.S. registry. We also 

estimate that it takes about 4 work-hours 

per product to comply with this AD. 

The average labor rate is $80 per workhour. Required parts cost about $8,036 

per product. Based on these figures, we 

estimate the cost of this AD to the U.S. 

operators to be $5,974,540, or $8,356 per 

product. 


dwashington3 on PRODPC61 with RULES
Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Rules and Regulations 45351 

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: 

2008–16–13 Boeing: Amendment 39–15631. 

Docket No. FAA–2008–0413; Directorate 

Identifier 2008–NM–003–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective September 9, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 737–

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

series airplanes, certificated in any category; 

line numbers 1 through 2196 inclusive. 

Unsafe Condition 

(d) This AD results from a report of a rod 

end fracture on a rudder power control unit 

(PCU) control rod, which is similar to the 

ones used for the elevator tab pushrods. 

Analysis revealed that the fractured rod end 

had an incorrect hardness, which had 

probably occurred during the manufacture of 

the control rod. We are issuing this AD to 

prevent fracture of the elevator tab pushrod 

ends, which could result in excessive inflight vibrations of the elevator tab, possible 

loss of the elevator tab, and consequent loss 

of controllability of the airplane. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Pushrod Replacement 

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

‘‘Compliance,’’ of Boeing Special Attention 

Service Bulletin 737–27–1284, dated 

November 28, 2007; except, where the 

service bulletin specifies a compliance time 

after the date on the service bulletin, this AD 

requires compliance within the specified 

compliance time after the effective date of 

this AD: Replace the pushrods for the left and 

right elevator tab control mechanisms with 

new, improved pushrods by doing all the 

actions in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 737–27–

1284, dated November 28, 2007. 

Parts Installation 

(g) As of the effective date of this AD, no 

person may install a pushrod assembly, part 

number 65–45166–24, on any airplane. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, ATTN: 

Tamara Anderson, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

ACO, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6421; fax (425) 917–6590; has the 

authority to approve AMOCs for this AD, if 

requested, using 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. 

Material Incorporated by Reference 

(i) You must use Boeing Special Attention 

Service Bulletin 737–27–1284, dated 

November 28, 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 July 23, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–17748 Filed 8–4–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 10, 102, 162, 163, and 178 

[Docket No. USCBP–2007–0056; CBP Dec. 

08–29] 

RIN 1505–AB76 

United States-Morocco Free Trade 

Agreement 

AGENCIES: Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 


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