48292 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 

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: 

2008–17–04 BAE Systems (Operations) 

Limited (Formerly British Aerospace 

Regional Aircraft): Amendment 39–

15642. Docket No. FAA–2008–0622; 

Directorate Identifier 2008–NM–064–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 23, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all BAE Systems 

(Operations) Limited Model Jetstream 4101 

airplanes, certificated in any category, all 

serial numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Resulting from the assessment of fuel tank 

wiring installations required by SFAR 88 

(Special Federal Aviation Regulation 88) and 

equivalent JAA/EASA (Joint Aviation 

Authorities/European Aviation Safety 

Agency) policy, BAE Systems identified two 

features in the Jetstream 4100 where the need 

for design changes was apparent. One of 

these is addressed by Service Bulletin (SB) 

J41–28–014 which introduces changes to the 

wiring harness installations to the left (LH) 

and right (RH) fuel boost pumps, identified 

by modification number JM41672. In 

addition, to detect excessive cable lengths 

and evidence of chafing damage, SB J41–28–

014 provides instructions to inspect and 

correct, as necessary, the internal fuel tank 

wiring routed to the LH and RH high level 

sensors. 

Internal fuel tank wiring chafing damage, 

if not corrected, could lead to ignition of fuel 

vapours and subsequent fuel tank explosion. 

For the reason stated above, this EASA 

Airworthiness Directive (AD) requires the 

replacement of the (LH and RH) fuel boost 

pump metallic conduit assemblies with loom 

assemblies and the inspection of internal fuel 

tank high level sensor wiring, including 

corrective actions, as necessary. 

Corrective actions include replacing any 

damaged internal fuel tank high level sensor 

wiring and removing excess wiring. 

Actions and Compliance 

(f) Unless already done: Within 24 months 

after the effective date of this AD, do the 

following actions. 

(1) Modify the LH and RH wing fuel boost 

pump wiring in accordance with paragraphs 

2.B. and 2.C. of the Accomplishment 

Instructions of BAE Systems (Operations) 

Limited Service Bulletin J41–28–014, 

Revision 1, dated December 21, 2007. 

(2) Inspect the LH and RH wing fuel high 

level sensor wiring in accordance with 

paragraph 2.D. of the Accomplishment 

Instructions of BAE Systems (Operations) 

Limited Service Bulletin J41–28–014, 

Revision 1, dated December 21, 2007. 

(3) When excess wiring and/or damaged 

wiring is found during the inspection 

required by paragraph (f)(2) of this AD, before 

next flight, accomplish the corrective actions 

as specified in paragraph 2.D. of the 

Accomplishment Instructions of BAE 

Systems (Operations) Limited Service 

Bulletin J41–28–014, Revision 1, dated 

December 21, 2007. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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: Todd Thompson, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1175; fax (425) 227–1149. 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. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI EASA Airworthiness 

Directive 2008–0041, dated February 27, 

2008; and BAE Systems (Operations) Limited 

Service Bulletin J41–28–014, Revision 1, 

dated December 21, 2007; for related 

information. 

Material Incorporated by Reference 

(i) You must use BAE Systems (Operations) 

Limited Service Bulletin J41–28–014, 

Revision 1, dated December 21, 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 British Aerospace Regional 

Aircraft American Support, 13850 Mclearen 

Road, Herndon, Virginia 20171. 

(3) 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/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on August 

5, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–18810 Filed 8–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0649; Directorate 

Identifier 2008–CE–038–AD; Amendment 

39–15646; AD 2008–17–08] 

RIN 2120–AA64 

Airworthiness Directives; DG 

Flugzeugbau GmbH Model DG–500MB 

Powered Sailplanes 

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) 

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: 

A DG–500MB experienced, after the engine 

shutdown, an uncommanded retraction of its 

powerplant. 

Investigations revealed that some bolts of 

the extension retraction mechanism had 


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Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 48293 

fractured because of fatigue stress due to 

increasing push-pull loads acting on 

incorrectly tightened screws. 

This condition, if not corrected, could lead 

to damage of the propeller and the fuselage, 

thereby reducing the structural integrity of 

the sailplane. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

September 23, 2008. 

On September 23, 2008, the Director 

of the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

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: 

Gregory Davison, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329–

4130; fax: (816) 329–4090. 

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 June 13, 2008 (73 FR 33743). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

A DG–500MB experienced, after the engine 

shutdown, an uncommanded retraction of its 

powerplant. 

Investigations revealed that some bolts of 

the extension retraction mechanism had 

fractured because of fatigue stress due to 

increasing push-pull loads acting on 

incorrectly tightened screws. 

This condition, if not corrected, could lead 

to damage of the propeller and the fuselage, 

thereby reducing the structural integrity of 

the sailplane. 

To address this unsafe condition, this 

Airworthiness Directive mandates the 

replacement of eight bolts, the four 

connecting the fork 5M203 to the 5M204 

adapter and those connecting the adapter 

5M204 to the spindle drive, by new ones of 

higher strength and, a rework of the coupling 

of the 5M203 fork to the 5M204 adapter as 

well as the coupling of the 5M204 adapter to 

the spindle drive, by glueing the parts 

together, in addition to the pre-existing bolts. 

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. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

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 FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 4 

products of U.S. registry. We also 

estimate that it will take about 3 workhours 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 $63 per 

product. 

Based on these figures, we estimate 

the cost of the AD on U.S. operators to 

be $1,212, or $303 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. 

Regulatory Findings 

We 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 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. 

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 the NPRM, 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. 

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: 

2008–17–08 DG Flugzeugbau GmbH: 

Amendment 39–15646; Docket No. 

FAA–2008–0649; Directorate Identifier 

2008–CE–038–AD. 


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48294 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 23, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to DG–500MB powered 

sailplanes, all serial numbers, certificated in 

any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 71: Power Plant. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A DG–500MB experienced, after the engine 

shutdown, an uncommanded retraction of its 

powerplant. 

Investigations revealed that some bolts of 

the extension retraction mechanism had 

fractured because of fatigue stress due to 

increasing push-pull loads acting on 

incorrectly tightened screws. 

This condition, if not corrected, could lead 

to damage of the propeller and the fuselage, 

thereby reducing the structural integrity of 

the sailplane. 

To address this unsafe condition, this 

Airworthiness Directive mandates the 

replacement of eight bolts, the four 

connecting the fork 5M203 to the 5M204 

adapter and those connecting the adapter 

5M204 to the spindle drive, by new ones of 

higher strength and, a rework of the coupling 

of the 5M203 fork to the 5M204 adapter as 

well as the coupling of the 5M204 adapter to 

the spindle drive, by glueing the parts 

together, in addition to the pre-existing bolts. 

Actions and Compliance 

(f) Unless already done, within the next 30 

days after September 23, 2008 (the effective 

date of this AD), modify the spindle drive 

assembly in accordance with DG 

Flugzeugbau GmbH Technical Note No. 843/ 

27, dated April 14, 2008, and DG 

Flugzeugbau GmbH Drawing 5M210, dated 

April 14, 2008. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

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: Greg Davison, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 329–

4090. Before using any approved AMOC on 

any powered sailplane 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. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No. 2008–0095, 

dated May 16, 2008; and DG Flugzeugbau 

GmbH Technical Note No. 843/27, dated 

April 14, 2008, for related information. 

Material Incorporated by Reference 

(i) You must use DG Flugzeugbau GmbH 

Technical Note No. 843/27, dated April 14, 

2008, and DG Flugzeugbau GmbH Drawing 

5M210, dated April 14, 2008, 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 DG Flugzeugbau GmbH, Im 

Schollengarten 20, D–76646 Bruchsal 4, 

Federal Republic of Germany. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Room 506, 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/ 

cfr/ibr-locations.html. 

Issued in Kansas City, Missouri, on August 

8, 2008. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E8–18809 Filed 8–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0642; Directorate 

Identifier 2008–NM–039–AD; Amendment 

39–15643; AD 2008–17–05] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 

Airplanes, and Model EMB–145, 

–145ER, –145MR, –145LR, –145XR, 

–145MP, and –145EP Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to certain EMBRAER 

Model EMB–135 airplanes and Model 

EMB–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP 

airplanes. That AD currently requires 

replacing the metallic tubes enclosing 

the vent and pilot valve wires in the 

left- and right-hand wing fuel tanks with 

non-conductive hoses. This new AD 

adds airplanes to the applicability of the 

existing AD. This AD results from fuel 

system reviews conducted by the 

manufacturer. We are issuing this AD to 

prevent an ignition source inside the 

fuel tank that could ignite fuel vapor 

and cause a fuel tank explosion and loss 

of the airplane. 

DATES: This AD becomes effective 

September 23, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of September 23, 2008. 

On July 19, 2007 (72 FR 32780, June 

14, 2007), the Director of the Federal 

Register approved the incorporation by 

reference of certain other documents. 

ADDRESSES: For service information 

identified in this AD, contact Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), P.O. Box 343—CEP 12.225, 

Sao Jose dos Campos—SP, Brazil. 

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) 


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