51908 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Rules and Regulations 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; telephone 

(425) 227–1138; 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 European Aviation Safety 

Agency (EASA) Airworthiness Directive 

2007–0302, dated December 14, 2007; and 

Airbus Mandatory Service Bulletins A330–

53–3174 and A340–53–4177, both dated 

October 10, 2007; for related information. 

Material Incorporated by Reference 

(i) You must use Airbus Mandatory Service 

Bulletin A330–53–3174, including Appendix 

01, dated October 10, 2007; or Airbus 

Mandatory Service Bulletin A340–53–4177, 

including Appendix 01, dated October 10, 

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 Airbus, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France. 

(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 

18, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–19720 Filed 9–5–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0407; Directorate 

Identifier 2008–NM–002–AD; Amendment 

39–15662; AD 2008–18–05] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model 717–200 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

McDonnell Douglas Model 717–200 

airplanes. This AD requires inspecting 

the drive assembly of the aft elevator 

standby loop of the elevator standby 

cable system for interference between 

the clevis and bolt of the bellcrank 

assembly, correct orientation of the pullpull cable clevis bolt, and excessive 

freeplay of the bellcrank assembly 

bearing, and corrective actions if 

necessary. This AD also requires 

modifying the pull-pull cable clevis in 

the drive assembly of the aft elevator 

standby loop for certain airplanes. This 

AD results from a report of an aborted 

takeoff due to a control column 

disconnect. We are issuing this AD to 

prevent binding of the bolt that connects 

the cable 264A clevis to the bellcrank 

assembly against the adjacent (upper) 

clevis of the pull-pull cable assembly. 

This binding condition could result in 

slow airplane rotation or a control 

column disconnect during takeoff and a 

runway excursion if takeoff must be 

aborted. 

DATES: This AD is effective October 14, 

2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 14, 2008. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Long Beach 

Division, 3855 Lakewood Boulevard, 

Long Beach, California 90846; 

Attention: Data and Service 

Management, Dept. C1–L5A (D800–

0024). 

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: 

David Rathfelder, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 

627–5229; fax (562) 627–5210. 

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 McDonnell Douglas Model 717–

200 airplanes. That NPRM was 

published in the Federal Register on 

April 7, 2008 (73 FR 18725). That NPRM 

proposed to require inspecting the drive 

assembly of the aft elevator standby 

loop for interference between the clevis 

and bolt of the bellcrank assembly, 

correct orientation of the pull-pull cable 

clevis bolt, and excessive freeplay of the 

bellcrank assembly bearing, and 

corrective actions if necessary. That 

NPRM also proposed to require 

modifying the pull-pull cable clevis in 

the drive assembly of the aft elevator 

standby loop for certain airplanes. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request To Change Summary Section 

for Clarification 

Boeing asks that the second sentence 

of the Summary section in the NPRM, 

which describes what is to be inspected, 

be changed as follows: ‘‘This proposed 

AD would require inspecting the aft 

elevator standby loop drive assembly of 

the elevator standby cable system for 

interference between the clevis and bolt 

of this bellcrank assembly, correct 

orientation of the pull-pull cable clevis 

bolt, and excessive freeplay of the 

bellcrank assembly bearing, and 

corrective actions if necessary.’’ Boeing 

states that this would more accurately 

describe the drive assembly being 

inspected since there are two drive 

assemblies in the elevator standby cable 

system. 

We agree that the description in the 

Summary section of the AD should be 

clarified. Therefore, we have changed 

the Summary section and all other 


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Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Rules and Regulations 51909 

relevant sections in the AD to meet the 

commenter’s intent. 

Requests To Extend Compliance Time 

Midwest Airlines asks that the 

compliance time in the NPRM be 

changed to one of the following: 

‘‘Complete the inspection and 

modification within 27 months of the 

effective date of the AD,’’ or ‘‘Complete 

the inspection and modification within 

3,000 flight hours or 27 months, 

whichever occurs later from the 

effective date of the AD.’’ Midwest 

Airlines states that it currently has a 

utilization of 3,450 flight hours per year, 

and if the compliance time is not 

changed, it would require compliance 

for all its airplanes in less than one year. 

Midwest Airlines also states that it 

checked some of its airplanes for the 

interference and none was found. 

Air Tran proposes that the inspection 

and clevis replacement specified in the 

NPRM be done concurrently at 27 

months after the effective date of the 

AD, rather than the inspection being 

limited to 3,000 flight hours. Air Tran 

states that since similar access is 

required for both the inspection and 

clevis replacement, it is more practical 

to accomplish the clevis replacement at 

the same time as the inspection. 

Twenty-seven months aligns with the 

Model 717 maintenance program heavy 

maintenance visits, but 3,000 flight 

hours does not. 

We agree to extend the compliance 

time for performing the inspection for 

the reasons provided by the 

commenters. We have determined that a 

compliance time of within 3,000 flight 

hours or 27 months after the effective 

date of the AD, whichever occurs later, 

is appropriate and will ensure an 

acceptable level of safety. We have 

changed paragraph (f)(1) of this AD 

accordingly. The compliance time for 

doing the clevis modification specified 

in paragraph (f)(2) of this AD remains 

the same. Changing the compliance time 

for the inspection provides the 

opportunity to do the inspection and 

modification at the same time. 

Request To Change Cost Section 

Midwest Airlines states that the workhour estimate specified in the Costs of 

Compliance section of the NPRM is 

underestimated. Midwest Airlines notes 

that the NPRM specifies 1 work-hour for 

the inspection and the referenced 

service bulletin specifies 2.4 to 11.9 

work hours. Midwest Airlines adds that 

the NPRM specifies 4 work-hours for the 

modification and the referenced service 

bulletin specifies 5.4 work-hours. 

Midwest Airlines believes the service 

bulletin is more accurate than the 

NPRM. 

From this comment, we infer that 

Midwest Airlines would like us to 

increase the work-hour estimate given 

in the NPRM. We do not agree. The cost 

information below 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 (1 

for the inspection, 4 for the 

modification) necessary to do the 

required actions, as specified in the 

service bulletin. 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. 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 changes described previously. 

We also determined that these changes 

will not increase the economic burden 

on any operator or increase the scope of 

the AD. 

Costs of Compliance 

We estimate that this AD will affect 

123 airplanes of U.S. registry. 

It will take about 1 work-hour per 

product to do the inspection. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 

cost of the inspection required by this 

AD to the U.S. operators to be $9,840, 

or $80 per product. 

It will take about 4 work-hours per 

product to do the modification. 

Required parts will cost about $163 per 

product. Based on these figures, we 

estimate the cost of the modification 

required by this AD to the U.S. 

operators to be $59,409, or $483 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 

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: 

2008–18–05 McDonnell Douglas: 

Amendment 39–15662. Docket No. 

FAA–2008–0407; Directorate Identifier 

2008–NM–002–AD. 


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51910 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Rules and Regulations 

Effective Date 

(a) This airworthiness directive (AD) is 

effective October 14, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to McDonnell Douglas 

Model 717–200 airplanes, certificated in any 

category, as identified in Boeing Alert 

Service Bulletin 717–27A0039, dated 

December 6, 2007. 

Unsafe Condition 

(d) This AD results from a report of an 

aborted takeoff due to a control column 

disconnect. We are issuing this AD to prevent 

binding of the bolt that connects the cable 

264A clevis to the bellcrank assembly against 

the adjacent (upper) clevis of the pull-pull 

cable assembly. This binding condition could 

result in slow airplane rotation or a control 

column disconnect during takeoff and a 

runway excursion if takeoff must be aborted. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspection/Corrective Actions 

(f) Do the applicable actions specified in 

paragraphs (f)(1) and (f)(2) of this AD at the 

time specified, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 717–27A0039, dated 

December 6, 2007. 

(1) For all airplanes: Do a general visual 

inspection of the drive assembly of the aft 

elevator standby loop of the elevator standby 

cable system for interference between the 

clevis and bolt of the bellcrank assembly, 

correct orientation of the pull-pull cable 

clevis bolt, and excessive freeplay of the 

bellcrank assembly bearing. Do the 

inspection within 3,000 flight hours or 27 

months after the effective date of this AD, 

whichever occurs later. Do all applicable 

corrective actions before further flight. 

(2) For airplanes identified in the service 

bulletin as Group 1, Configuration 1: Modify 

the pull-pull cable clevis in the drive 

assembly of the aft elevator standby loop of 

the elevator standby cable system. Do the 

modification at the applicable time specified 

in paragraph 1.E., ‘‘Compliance,’’ of the 

service bulletin; 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. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), FAA, ATTN: 

David Rathfelder, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles ACO, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; telephone 

(562) 627–5229; fax (562) 627–5210; 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. 

Material Incorporated by Reference 

(h) You must use Boeing Alert Service 

Bulletin 717–27A0039, dated December 6, 

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, Long Beach Division, 3855 

Lakewood Boulevard, Long Beach, California 

90846; Attention: Data and Service 

Management, Dept. C1–L5A (D800–0024). 

(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 August 

18, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–19721 Filed 9–5–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0562; Directorate 

Identifier 2008–NM–010–AD; Amendment 

39–15658; AD 2008–18–01] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 and ERJ 

190 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: 

It has been found cases where the pressure 

equalization valve was not installed in the 

left-hand bulkhead blowout panel, on the 

forward and/or aft cargo compartments, thus 

affecting the effectiveness of fire detection, 

containment and suppression. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

October 14, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of October 14, 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: 

Kenny Kaulia, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2848; 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 May 20, 2008 (73 FR 29085). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

It has been found cases where the pressure 

equalization valve was not installed in the 

left-hand bulkhead blowout panel, on the 

forward and/or aft cargo compartments, thus 

affecting the effectiveness of fire detection, 

containment and suppression. 

Corrective actions include inspecting for 

the presence of pressure equalization 

valves and, if necessary, installing 

pressure equalization valves. 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. 


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