52914 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 

Terminating Action for Maintenance 

Program Revision 

(i) For Model 747–100, 747–100B, 747– 

100B SUD, 747–200B, 747–200C, 747–200F, 

747–300, 747SR, and 747SP series airplanes: 

Incorporating AWL No. 28–AWL–20 into the 

FAA-approved maintenance program in 

accordance with paragraph (g) of AD 2008– 

10–07, amendment 39–15513, terminates the 

action required by paragraph (g)(1) of this 

AD. 

(j) For Model 747–400, 747–400D, and 

747–400F series airplanes: Incorporating 

AWL No. 28–AWL–25 into the FAAapproved maintenance program in 

accordance with paragraph (g)(3) of AD 

2008–10–06, amendment 39–15512, 

terminates the action required by paragraph 

(g)(2) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Seattle ACO, FAA, 

ATTN: Sulmo Mariano, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 917–6501; 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. 

Material Incorporated by Reference 

(l) You must use the 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. 

TABLE 1—MATERIAL INCORPORATED BY REFERENCE

Service information Revision Date 

Boeing Alert Service Bulletin 747–28A2291 ................................................................................... Original ...................... September 27, 2007. 

Boeing 747–100/200/300/SP Airworthiness Limitations (AWLs) and Certification Maintenance 

Requirements (CMRs), D6–13747–CMR.

January 2007 ............ January 2007. 

Boeing 747–400 Maintenance Planning Data (MPD) Document, D621U400–9, Section 9 ........... 24 .............................. June 2006. 

Issued in Renton, Washington, on August 

25, 2008. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–20364 Filed 9–11–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0416; Directorate 

Identifier 2007–NM–297–AD; Amendment 

39–15656; AD 2008–17–18] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ 

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 the occurrence of cable 

guard pins not installed in the aileron control 

system, which may lead to jamming of the 

aileron control cables, reducing the aircraft 

controllability. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

October 17, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 17, 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: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1405; 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 April 29, 2008 (73 FR 

23132). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

It has been found the occurrence of cable 

guard pins not installed in the aileron control 

system, which may lead to jamming of the 

aileron control cables, reducing the aircraft 

controllability. 

The corrective actions include 

inspecting for possible absence of the 

cable guard pins in the aileron control 

system inside the wings, and installing 

new ones bearing the same part number. 

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 

considered the single comment 

received. 

Request To Withdraw the NPRM 

EMBRAER requests that the NPRM be 

withdrawn. The commenter states that 

the missing aileron cable guard was 

discovered during a normal C-check and 

that there is no field report of any event 

caused by the missing pin. EMBRAER 


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Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 52915 

states that it tested the system on 

ground under severe conditions and it 

operated normally. The commenter 

states that it is not clear that the lack of 

guard pins leads directly to the aileron 

jamming, and if the aileron system 

jammed on one side, then the aircraft 

can be safely operated by disconnecting 

the aileron system and using the free 

side; if both sides jammed, the aircraft 

can be controlled using rudder and 

differential thrust. For these reasons, 

EMBRAER proposes that the NPRM be 

withdrawn. 

We do not agree with the commenter’s 

request to withdraw the NPRM. The 

cable guard is an airworthiness 

requirement for transport category 

airplanes (reference section 25.689(b) of 

the Federal Aviation Regulations). We 

have determined that an unsafe 

condition exists due to risk associated 

with jamming of both ailerons at the 

same time. We have coordinated this 

action with the Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC), the 

airworthiness authority for Brazil, 

which issued Brazilian airworthiness 

directive 2006–07–01, effective July 31, 

2006, (the ‘‘MCAI’’) to address the 

subject condition. The actions in the AD 

are necessary to address the unsafe 

condition; therefore, we have not 

changed the final rule in this regard. 

Change to Format of This Final Rule 

We changed the format of paragraph 

(f) of this AD and its subparagraphs to 

comply with formatting guidelines from 

the Office of the Federal Register. 

We have also added a reference to 

EMBRAER Service Bulletin 145LEG– 

27–0023, dated January 24, 2006, to 

paragraph (f) of this AD and clarified 

that all actions required by this AD are 

to be done in accordance with the 

Accomplishment Instructions of the 

service bulletin. 

Conclusion 

We reviewed the available data, 

including the comment received, 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 13 products of U.S. registry. We 

also estimate that it will take about 2 

work-hours per product to comply with 

the basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 

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

be $2,080, or $160 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 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 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 Operations office 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 Operations 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: 

2008–17–18 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–15656. Docket No. 

FAA–2008–0416; Directorate Identifier 

2007–NM–297–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 17, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

EMB–135BJ airplanes, certificated in any 

category, serial numbers 145363, 145412, 

145462, 145484, 145495, 145505, 145516, 

145528, 145540, 145549, 145555, 145586, 

145591, 145625, 145637, 145642, 145644, 

145678, 145686, 145699, 145706, 145711, 

145717, 145730, 145770, 145775, 145780, 

145789, 145796, 14500802, and 14500809. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 


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52916 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 

It has been found the occurrence of cable 

guard pins not installed in the aileron control 

system, which may lead to jamming of the 

aileron control cables, reducing the aircraft 

controllability. 

The corrective actions include inspecting for 

possible absence of the cable guard pins in 

the aileron control system inside the wings, 

and installing new ones bearing the same 

part number. 

Actions and Compliance 

(f) Unless already done: Within 270 

calendar days after the effective date of this 

AD, do a detailed inspection with the aid of 

a borescope for possible absence of the cable 

guard pins in the aileron control system 

inside the wings, in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145LEG–27–0023, dated 

January 24, 2006. 

(1) If any cable guard pin having part 

number (P/N) NAS427K8, NAS427K28, or 

NAS427K36 is missing in the internal part of 

the left and right halfwing spar boxes, before 

further flight, install a new one bearing the 

same part number, in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145LEG–27–0023, dated 

January 24, 2006. 

(2) If any cable guard pin P/N NAS427K26 

is missing in the aileron control cable pulleys 

in the internal part of the wing leading edge 

III, before further flight, remove the 

corresponding leading edge and install a new 

cable guard pin bearing the same part 

number, in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 145LEG–27–0023, dated 

January 24, 2006. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: 

The MCAI includes airplanes in addition to 

those specified in the applicability of this 

AD. Those airplanes are not included in this 

AD because they are modified by 

Supplemental Type Certificates (STCs) that 

are not FAA-approved. This AD includes 

only the U.S. certified airplanes identified in 

the referenced service information. 

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: Sanjay Ralhan, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1405; 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 ensure 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 Brazilian Airworthiness 

Directive 2006–07–01, effective July 31, 2006; 

and EMBRAER Service Bulletin 145LEG–27– 

0023, dated January 24, 2006; for related 

information. 

Material Incorporated by Reference 

(i) You must use EMBRAER Service 

Bulletin 145LEG–27–0023, dated January 24, 

2006, 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 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), P.O. Box 

343—CEP 12.225, Sao Jose dos Campos—SP, 

Brazil. 

(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 

12, 2008. 

Michael J. Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–19384 Filed 9–11–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2008–0628; Airspace 

Docket No. 07–ASW–15] 

RIN 2120–AA66 

Revision of Restricted Area 5107A; 

White Sands Missile Range, NM 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: This action delays the 

effective date for the revision of 

Restricted Area R–5107A, and the 

establishment of R–5107K, White Sands 

Missile Range, NM, until November 20, 

2008. The FAA is taking this action to 

meet the required charting cutoff date 

necessary to insure the appropriate en 

route aeronautical charts display these 

restricted areas coincidental with the 

effective date. 

DATES: Effective Date: 0901 UTC, 

November 20, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Neubecker, Airspace and Rules 

Group, Office of System Operations 

Airspace and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On August 20, 2008, the FAA 

published in the Federal Register a final 

rule revising restricted area R–5107A, 

and establishing R–5107K, White Sands 

Missile Range, NM (73 FR 49090). This 

rule was originally scheduled to become 

effective September 25, 2008; however, 

the charting cutoff date required to be 

met to ensure charting coincidental with 

that effective date was missed. To meet 

the required charting cutoff date, and 

ensure restricted areas R–5107A and R– 

5107K are displayed on the appropriate 

en route charts coincidental with their 

effective date, the effective date is being 

slipped to November 20, 2008. 

Delay of Effective Date 

The effective date of the final rule, 

Docket FAA–2008–0627; Airspace 

Docket 07–ASW–15, as published in the 

Federal Register on August 20, 2008 (73 

FR 49090), is hereby delayed until 

November 20, 2008. 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

Issued in Washington, DC, on September 2, 

2008. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E8–21182 Filed 9–11–08; 8:45 am] 

BILLING CODE 4910–13–P 


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