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. 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Rules and Regulations 51911 

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 101 products of U.S. registry. We 

also estimate that it will take about 1 

work-hour 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 $8,080, or $80 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: 

2008–18–01 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–15658. Docket No. 

FAA–2008–0562; Directorate Identifier 

2008–NM–010–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 14, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

ERJ 170–100 LR, –100 STD, –100 SE, –100 

SU, –200 LR, –200 STD, and –200 SU 

airplanes, having serial numbers (S/N) 

17000002, 17000004 through 17000013, and 

17000015 through 17000154; and Model ERJ 

190–100 STD, –100 LR, –100 IGW, –100 ECJ, 

–200 STD, –200 LR, and –200 IGW airplanes, 

having S/N 19000002, 19000004, and 

19000006 through 19000060; certificated in 

any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 21: Air Conditioning. 

Reason 

(e) The mandatory continuing 

airworthiness information (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. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 500 flight hours after the 

effective date of this AD, perform a general 

visual inspection on the left-hand bulkhead 

blowout panel of both the forward and aft 

cargo compartments to determine whether 

the pressure equalization valves, part number 

(P/N) 120–48865–003, are installed. If both 

pressure equalization valves are installed in 

their respective blowout panels, no 

additional action is required by this AD. 

(2) If any valve is not installed, within 700 

flight hours after the effective date of this AD, 

install valve P/N 120–48865–003, in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

170–21–0032 or 190–21–0019, both dated 

August 10, 2007; as applicable. 

Note 1: For the purpose of this AD, a 

general visual inspection (GVI) is: ‘‘A visual 

examination of an interior or exterior area, 

installation or assembly to detect obvious 

damage, failure or irregularity. This level of 

inspection is made from within touching 

distance, unless otherwise specified. A 

mirror may be necessary to enhance visual 

access to all exposed surfaces in the 

inspection area. This level of inspection is 

made under normally available lighting 

conditions such as daylight, hangar lighting, 

flashlight or drop-light, and may require 

removal or opening of access panels or doors. 

Stands, ladders or platforms may be required 

to gain proximity to the area being checked.’’

FAA AD Differences 

Note 2: 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: Kenny Kaulia, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 


pwalker on PROD1PC71 with RULES
51912 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Rules and Regulations 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2848; 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 Brazilian Airworthiness 

Directives 2007–11–01 and 2007–11–02, both 

effective December 12, 2007; and EMBRAER 

Service Bulletins 170–21–0032 and 190–21–

0019, both dated August 10, 2007; for related 

information. 

Material Incorporated by Reference 

(i) You must use EMBRAER Service 

Bulletin 170–21–0032, dated August 10, 

2007; or EMBRAER Service Bulletin 190–21–

0019, dated August 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 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 

18, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–19850 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–2007–0036; Directorate 

Identifier 2007–NE–22–AD; Amendment 39–

15636; AD 2008–16–18] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

plc RB211–524 Series Turbofan 

Engines; Correction 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; correction. 

SUMMARY: This document makes a 

correction to Airworthiness Directive 

(AD) 2008–16–18. That AD applies to 

Rolls-Royce (RR) RB211–524 series 

turbofan engines with certain high 

pressure (HP) turbine disks installed. 

That AD was published in the Federal 

Register on August 11, 2008 (73 FR 

46550). Paragraph (c) in the regulatory 

section is incorrect. This document 

corrects that paragraph. In all other 

respects, the original document remains 

the same. 

DATES: Effective Date: Effective 

September 8, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jason Yang, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e–mail: jason.yang@faa.gov; telephone 

(781) 238–7747; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: On August 

11, 2008 (73 FR 46550), we published a 

final rule AD, FR Doc. E8–18102, in the 

Federal Register. That AD applies to RR 

RB211–524 series turbofan engines. We 

need to make the following correction: 

§ 39.13 [Corrected] 

On page 46551, in the first column, in 

the Regulatory Section, in the 

Applicability paragraph (c), in the 

second line, ‘‘with certain high pressure 

(HP) turbine discs installed’’ is 

corrected to read ‘‘with high pressure 

(HP) turbine discs, part numbers (P/Ns)- 

serial numbers (SNs) FK24651–

LAQDY6061 and –LDRCZ10453 to 

–LDRCZ10720, and –LQDY9903, and 

–LQDY9924, FK24790–CRCZ6 to 

–CRCZ25 and –LDRCZ10717 to 

–LDRCZ14022, UL23166–LQDY6516 to 

–LQDY8718, UL24561–LQDY6389 to 

–LQDY6438, UL24994–LQDY6405 to 

–LQDY8727, UL29472–LAQDY6013 to 

–LAQDY6092 and –LDRCZ10029 to 

–LDRCZ10821 and –LDRCZ6000 to 

–LDRCZ6060 and –LQDY6592 to 

–LQDY9993, UL29473–CRCZ24 to 

–CRCZ25 and –CZ12135 to –CZ12333 

and –LAQDY6010 to –LAQDY6088 and 

–LDRCZ10003 to –LDRCZ15372 and 

–LDRCZ6001 to –LDRCZ9995 and 

–LQDY10001 and –LQDY9606 to 

–LQDY9989, installed’’. 

Issued in Burlington, Massachusetts, on 

August 28, 2008. 

Marc Bouthillier, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–20498 Filed 9–5–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food And Drug Administration 

21 CFR Parts 16 and 1240 

[Docket No. FDA–2003–N–0427] (formerly 

Docket No. 2003N–0400) 

Control of Communicable Diseases; 

Restrictions on African Rodents, 

Prairie Dogs, and Certain Other 

Animals 

AGENCY: Food and Drug Administration 

(HHS). 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is removing its 

regulation that established restrictions 

on the capture, transport, sale, barter, 

exchange, distribution, and release of 

African rodents, prairie dogs, and 

certain other animals. We are removing 

the restrictions because we believe they 

are no longer needed to prevent the 

further introduction, transmission, or 

spread of monkeypox, a communicable 

and potentially fatal disease, in the 

United States. 

DATES: Effective September 8, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Philip L. Chao, Office of Policy, 

Planning, and Preparedness (HF–23), 

Food and Drug Administration, 5600 

Fishers Lane, Rockville, MD 20857, 

301–827–0587. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Is Monkeypox, and How Did It 

Spread in the United States? 

II. How Did We Respond to the 

Monkeypox Outbreak? 

III. What Other Actions Did the 

Department of Health and Human 

Services Take? 

A. Why Did the Interim Final Rule 

Continue After January 20, 2004? 

B. Were the New Data Available to the 

Public? 

C. Is There a Risk That Monkeypox 


pwalker on PROD1PC71 with RULES