Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 52911 

(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, 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: 

2008–19–04 Boeing: Amendment 39–15671. 

Docket No. FAA–2008–0967; Directorate 

Identifier 2008–NM–152–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective September 29, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 777– 

200 and –300 series airplanes, certificated in 

any category; equipped with Rolls-Royce 

Model RB211–TRENT 800 series engines. 

Unsafe Condition 

(d) This AD results from a report of the 

uncommanded reduction in thrust on both 

engines because of reduced fuel flows. We 

are issuing this AD to prevent ice from 

accumulating in the main tank fuel feed 

system, which, when released, could result 

in a restriction in the engine fuel system. 

Such a restriction could result in failure to 

achieve a commanded thrust, and consequent 

forced landing of the airplane. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Airplane Flight Manual (AFM) Revision 

(f) Within 10 days after the effective date 

of this AD, revise the Limitations section of 

the AFM to include the following statement. 

This may be done by inserting a copy of this 

AD in the AFM. 

‘‘On ground, after refueling, check fuel 

temperature if fuel temperature indication is 

operative. If fuel temperature is colder than 

0 degrees C or if fuel temperature indication 

is inoperative, verify that a record exists 

certifying that the approved fuel circulation 

procedure was performed. 

‘‘Perform all step climbs using VNAV or 

maximum climb thrust. 

‘‘In flight, within 3 hours of top of descent, 

but not less than 15 minutes before top of 

descent, check fuel temperature. If fuel 

temperature is colder than ¥10 degrees C, 

perform a step climb using maximum climb 

thrust. If a step climb using maximum climb 

thrust cannot be accomplished, verify cruise 

speed is set to 0.84 Mach or less, and 

manually advance thrust levers to maximum 

(autothrottles may be overridden). After 

reaching maximum climb thrust, hold for 10 

seconds or until reaching 0.86 Mach, 

whichever occurs first. Check engines to 

ensure they have achieved maximum climb 

thrust and operate normally.’’ 

Fuel Circulation Procedure 

(g) As of 10 days after the effective date of 

this AD: If the fuel temperature has not 

exceeded 0 degrees Celsius during the 

ground turn, before further flight, using the 

main tank fuel boost pumps, pump fuel 

through the fuel manifold using the high flow 

mode for a minimum of one minute. A 

certified mechanic must do the fuel 

circulation procedure required by this 

paragraph using a method approved by the 

Manager, Seattle Aircraft Certification Office 

(ACO), FAA. 

(h) Before further flight after accomplishing 

the action required by paragraph (g) of this 

AD, make a record in which the person 

accomplishing the procedure certifies that it 

was accomplished in accordance with the 

approved method, and provide the record to 

the flightcrew. 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 contained in this AD 

and has assigned OMB Control Number 

2120–0056. 

Special Flight Permit 

(i) Special flight permits, as described in 

section 21.197 and section 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199), are not allowed. 

Alternative Methods of Compliance 

(AMOCs) 

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

ATTN: Margaret Langsted, Aerospace 

Engineer, Propulsion Branch, ANM–140S, 

FAA, Seattle ACO, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6500; 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 

(k) None. 

Issued in Renton, Washington, on 

September 5, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–21138 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–2008–0091; Directorate 

Identifier 2007–NM–311–AD; Amendment 

39–15666; AD 2008–18–09] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 747 airplanes. This AD 

requires modification of the refuel valve 

control unit for the reserve fuel tanks. 

This AD also requires a revision to the 

FAA-approved maintenance program to 

incorporate airworthiness limitation 

(AWL) No. 28–AWL–20 or AWL No. 28– 

AWL–25, as applicable. This AD results 

from fuel system reviews conducted by 

the manufacturer. We are issuing this 

AD to prevent lightning-induced 

electrical energy from entering a reserve 

fuel tank through the refuel valve, 

which could result in a fuel tank 

explosion and consequent loss of the 

airplane. 

DATES: This AD is effective October 17, 

2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of October 17, 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 


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52912 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 

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: 

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. 

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 747 airplanes. 

That NPRM was published in the 

Federal Register on January 31, 2008 

(73 FR 5770). That NPRM proposed to 

require modification of the refuel valve 

control unit for the reserve fuel tanks. 

That NPRM also proposed to require a 

revision to the FAA-approved 

maintenance program to incorporate 

airworthiness limitation (AWL) No. 28– 

AWL–20 or AWL No. 28–AWL–25, as 

applicable. 

Actions Since NPRM Was Issued 

On April 28, 2008, we issued AD 

2008–10–07, amendment 39–15513 (73 

FR 25977, May 8, 2008), applicable to 

certain Boeing Model 747–100, 747– 

100B, 747–100B SUD, 747–200B, 747– 

200C, 747–200F, 747–300, 747SR, and 

747SP series airplanes. That AD 

requires revising the FAA-approved 

maintenance program by incorporating 

new AWLs for fuel tank systems to 

satisfy Special Federal Aviation 

Regulation No. 88 (‘‘SFAR 88’’) 

requirements. That AD also requires the 

initial inspection of certain repetitive 

AWL inspections to phase in those 

inspections, and repair if necessary. As 

an optional action, that AD also allows 

incorporating AWL No. 28–AWL–20 

into the FAA-approved maintenance 

program. Therefore, we have added a 

new paragraph (i) to this AD, which 

states that incorporating AWL No. 28– 

AWL–20 into the FAA-approved 

maintenance program in accordance 

with paragraph (g) of AD 2008–10–07 

terminates the action required by 

paragraph (g)(1) of this AD, for the 

applicable airplanes. 

On April 28, 2008, we issued AD 

2008–10–06, amendment 39–15512 (73 

FR 25990, May 8, 2008), applicable to 

certain Boeing Model 747–400, 747– 

400D, and 747–400F series airplanes. 

That AD requires revising the FAAapproved maintenance program by 

incorporating new AWLs for fuel tank 

systems to satisfy SFAR 88 

requirements. That AD also requires the 

initial inspection of certain repetitive 

AWL inspections to phase in those 

inspections, and repair if necessary. As 

an optional action, that AD also allows 

incorporating AWL No. 28–AWL–25 

into the FAA-approved maintenance 

program. Therefore, we have added a 

new paragraph (j) to this AD, which 

states that incorporating AWL No. 28– 

AWL–25 into the FAA-approved 

maintenance program in accordance 

with paragraph (g)(3) of AD 2008–10–06 

terminates the action required by 

paragraph (g)(2) of this AD, for the 

applicable airplanes. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received from 

the four commenters. 

Request To Allow Use of Future 

Revisions to the Service Bulletin 

Boeing and Japan Airlines (JAL) 

request that we revise paragraph (f) of 

the NPRM to specify that the proposed 

modification may also be done in 

accordance with any future approved 

revisions to Boeing Alert Service 

Bulletin 747–28A2291. As justification, 

Boeing states that the service bulletin 

could be revised by the time we issue 

this AD. JAL states that, during 

validation of the original issue of the 

service bulletin, Boeing found minor 

discrepancies with the service bulletin, 

which Boeing will correct in the next 

revision to the service bulletin. 

We disagree with revising paragraph 

(f) of this AD, since Boeing has not 

issued a revision to the service bulletin. 

If the service bulletin is revised after 

issuance of this AD, we might consider 

approving the revised service bulletin as 

an alternative method of compliance 

(AMOC). Further, we have removed all 

references to the use of a ‘‘later 

revision’’ of the applicable service 

information from paragraphs (g)(1) and 

(g)(2) of this AD to be consistent with 

FAA policies and Office of the Federal 

Register regulations. We may consider 

approving the use of later revisions of 

the service information as an AMOC 

with this AD, as provided by paragraph 

(k) of this AD. 

Request To Revise Paragraph (g) 

KLM Royal Dutch Airlines (KLM) 

states that the intent of paragraph (g) of 

the NPRM is to maintain the design 

features introduced in accordance with 

Boeing Alert Service Bulletin 747– 

28A2291, dated September 27, 2007, 

when the reserve tank fueling valve 

controller is removed and replaced. 

KLM thinks that it is clearer if 

paragraph (g) of the NPRM states that 

the critical design configuration control 

limitations (CDCCLs) must be 

incorporated into the applicable 

paragraphs of the aircraft maintenance 

manual (AMM) to maintain these design 

features. 

We infer that KLM requests that we 

revise paragraphs (g)(1) and (g)(2) of this 

AD as proposed above. We disagree 

because it is insufficient to only update 

the AMM with CDCCL notes. CDCCLs 

are airworthiness limitations. This AD 

requires revising an operator’s FAAapproved maintenance program to 

include the new CDCCL, but it does not 

require specific changes to the AMM. 

We have not changed this AD in this 

regard. 

Request To Extend Compliance Time 

Lufthansa requests that we extend the 

compliance time from 60 months to 72 

months for accomplishing the proposed 

modification. Lufthansa states that this 

extension will allow operators to 

implement the modification at the next 

maintenance layover. 

We do not agree with Lufthansa’s 

request to extend the compliance time. 

The operator provides no technical 

justification for revising the compliance 

time. In developing an appropriate 

compliance time for this AD, we 

considered the urgency associated with 

the subject unsafe condition and the 

practical aspect of accomplishing the 

required modification on the 747 fleet in 

a timely manner. Also, the modification 

requires less than 7 work hours, which 

may be done as separate work packages 

during regular maintenance. However, 

according to the provisions of paragraph 

(k) of this AD, we may approve requests 

to adjust the compliance time if the 

request includes data that prove that the 

new compliance time would provide an 

acceptable level of safety. No change to 

this AD is necessary in this regard. 

Other Change Made to This AD 

For standardization purposes, we 

have added a new paragraph (h) to this 

AD to specify that no alternative 

CDCCLs may be used unless they are 

approved as an AMOC. Inclusion of this 

paragraph in the AD is intended to 

ensure that the AD-mandated 

airworthiness limitations changes are 

treated the same as the airworthiness 

limitations issued with the original type 

certificate. 


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Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 52913 

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 affects about 

300 airplanes of U.S. registry. The 

following table provides the estimated 

costs, at an average labor rate of $80 per 

hour, for U.S. operators to comply with 

this AD. 

ESTIMATED COSTS

Action Work hours Parts Cost per product Fleet cost 

Modification ........................................................................ Up to 7 .................. Up to $286 ............ Up to $846 ............ Up to $253,800. 

Maintenance program revision ........................................... 1 ............................ None ..................... $80 ........................ $24,000. 

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: 

2008–18–09 Boeing: Amendment 39–15666. 

Docket No. FAA–2008–0091; Directorate 

Identifier 2007–NM–311–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective October 17, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 747– 

100, 747–100B, 747–100B SUD, 747–200B, 

747–200C, 747–200F, 747–300, 747–400, 

747–400D, 747–400F, 747SR, and 747SP 

series airplanes, certificated in any category; 

as identified in Boeing Alert Service Bulletin 

747–28A2291, dated September 27, 2007. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance according 

to paragraph (k) of this AD. The request 

should include a description of changes to 

the required inspections that will ensure the 

continued operational safety of the airplane. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent lightninginduced electrical energy from entering a 

reserve fuel tank through the refuel valve, 

which could result in a fuel tank explosion 

and consequent loss of the airplane. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Modification 

(f) Within 60 months after the effective 

date of this AD, modify the refuel valve 

control unit for the reserve fuel tanks, by 

accomplishing all of the applicable actions 

specified in the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–28A2291, dated September 27, 2007. 

Maintenance Program Revision 

(g) Concurrently with accomplishing the 

modification required by paragraph (f) of this 

AD, revise the FAA-approved maintenance 

program by incorporating the information 

specified in paragraph (g)(1) or (g)(2) of this 

AD, as applicable. 

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

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

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

Incorporate AWL No. 28–AWL–20 of Section 

D of the Boeing 747–100/200/300/SP 

Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs), D6–13747–CMR, Revision January 

2007, into the FAA-approved maintenance 

program. 

(2) For Model 747–400, 747–400D, and 

747–400F series airplanes: Incorporate AWL 

No. 28–AWL–25 of Subsection D of the 

Boeing 747–400 Maintenance Planning Data 

(MPD) Document, D621U400–9, Section 9, 

Revision 24, dated June 2006, into the FAAapproved maintenance program. 

No Alternative Critical Design Configuration 

Control Limitations (CDCCLs) 

(h) After accomplishing the applicable 

action specified in paragraph (g) of this AD, 

no alternative CDCCLs may be used unless 

the CDCCLs are approved as an AMOC in 

accordance with the procedures specified in 

paragraph (k) of this AD. 


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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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