56468 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 

TABLE 1—MODIFICATIONS AND INITIAL INSPECTIONS—Continued 

Action Additional source of service information for accomplishing the action 

Apply a certain sealant to the interior of the main wing fuel tanks; and 

apply a certain sealant to the all external fuel tank nose caps, mid 

sections, and tail sections; as applicable; in accordance with paragraphs 2.C.(1)(e)1, 2.C.(1)(e)3, and 2.C.(7)(i)1 of the service bulletin.

Lockheed Service Bulletin 382–28–24, Revision 1, dated November 5, 

2007, including the Errata Notice, dated January 7, 2008. 

No Alternative Inspections, Inspection 

Intervals, or CDCCLs 

(i) After accomplishing the actions 

specified in paragraphs (g) and (h) of this AD, 

no alternative inspections, inspection 

intervals, or CDCCLs may be used unless the 

inspections, intervals, or CDCCLs are 

approved as an alternative method of 

compliance in accordance with the 

procedures specified in paragraph (k) of this 

AD. 

No Reporting Requirement 

(j) Although Lockheed Service Bulletin 

382–28–19, Revision 3, dated November 30, 

2006, specifies to notify Lockheed of any 

discrepancies found during inspection, this 

AD does not require that action. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Atlanta Aircraft 

Certification Office (ACO), FAA, ATTN: 

Robert A. Bosak, Aerospace Engineer, 

Propulsion and Services Branch, ACE–118A, 

FAA, Atlanta ACO, One Crown Center, 1895 

Phoenix Boulevard, Suite 450, Atlanta, 

Georgia 30349; telephone (770) 703–6094; fax 

(770) 703–6097; 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 Lockheed Service Bulletin 

382–28–19, Revision 3, dated November 30, 

2006; and Lockheed Service Bulletin 382– 

28–22, Revision 3, dated March 28, 2008; 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 Lockheed Martin 

Corporation/Lockheed Martin Aeronautics 

Company, Airworthiness Office, Dept. 6A0M, 

Zone 0252, Column P–58, 86 S. Cobb Drive, 

Marietta, Georgia 30063. 

(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 

September 11, 2008. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–22035 Filed 9–26–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0730; Directorate 

Identifier 2008–NM–055–AD; Amendment 

39–15674; AD 2008–19–07] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400, DHC–8–401, and 

DHC–8–402 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: 

All DHC–8 Series 400 aircraft have had a 

spoiler fuselage cable disconnect sensing 

system installed in production. Subsequently 

it was discovered that, in the event of a 

spoiler fuselage cable disconnect, only the 

ROLL SPLR INBD HYD caution light will be 

illuminated until the aircraft speed decreases 

below 165 kts [knots], at which time the 

ROLL SPLR OUTBD HYD caution light will 

also be illuminated. In the event of a spoiler 

fuselage cable disconnect in association with 

the existing indications described above, the 

reduction in roll authority could result in 

increased pilot workload during approach 

and landing. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

November 3, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 3, 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: Dan 

Parrillo, Aerospace Engineer, Systems 

and Flight Test Branch, ANE–172, FAA, 

New York Aircraft Certification Office, 

1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone 

(516) 228–7305; fax (516) 794–5531. 

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 July 2, 2008 (73 FR 37896). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

All DHC–8 Series 400 aircraft have had a 

spoiler fuselage cable disconnect sensing 

system installed in production. Subsequently 

it was discovered that, in the event of a 

spoiler fuselage cable disconnect, only the 

ROLL SPLR INBD HYD caution light will be 

illuminated until the aircraft speed decreases 

below 165 kts [knots], at which time the 

ROLL SPLR OUTBD HYD caution light will 

also be illuminated. In the event of a spoiler 

fuselage cable disconnect in association with 

the existing indications described above, the 

reduction in roll authority could result in 

increased pilot workload during approach 

and landing. 

Modsums 4–110066 and 4–126356 (each 

applicable to a different batch of aircraft 

serial numbers) have been issued to rework 

the sensing circuit caution light indication to 

ensure that it is consistent for spoiler 

fuselage cable disconnects above and below 

165 kts. Modsum 4–126356 has been 

installed in production on aircraft serial 

numbers 4130 and subsequent. 

You may obtain further information by 

examining the MCAI in the AD docket. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 56469 

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 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 20 products of U.S. registry. We 

also estimate that it will take about 10 

work-hours 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 $2,339 

per product. Where the service 

information lists required parts costs 

that are covered under warranty, we 

have assumed that there will be no 

charge for these parts. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. Based on 

these figures, we estimate the cost of 

this AD to the U.S. operators to be 

$62,780, or $3,139 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: 

2008–19–07 Bombardier, Inc. (Formerly de 

Havilland, Inc.): Amendment 39–15674. 

Docket No. FAA–2008–0730; Directorate 

Identifier 2008–NM–055–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective November 3, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) Bombardier Model DHC–8–400, DHC– 

8–401 and DHC–8–402 airplanes, serial 

numbers 4003, 4004, 4006, and 4008 through 

4129, certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

All DHC–8 Series 400 aircraft have had a 

spoiler fuselage cable disconnect sensing 

system installed in production. Subsequently 

it was discovered that, in the event of a 

spoiler fuselage cable disconnect, only the 

ROLL SPLR INBD HYD caution light will be 

illuminated until the aircraft speed decreases 

below 165 kts [knots], at which time the 

ROLL SPLR OUTBD HYD caution light will 

also be illuminated. In the event of a spoiler 

fuselage cable disconnect in association with 

the existing indications described above, the 

reduction in roll authority could result in 

increased pilot workload during approach 

and landing. 

Modsums 4–110066 and 4–126356 (each 

applicable to a different batch of aircraft 

serial numbers) have been issued to rework 

the sensing circuit caution light indication to 

ensure that it is consistent for spoiler 

fuselage cable disconnects above and below 

165 kts. Modsum 4–126356 has been 

installed in production on aircraft serial 

numbers 4130 and subsequent. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) For airplanes with serial numbers 4003, 

4004, 4006, and 4008 through 4094: Within 

6,000 flight hours after the effective date of 

this AD, modify the spoiler cable disconnect 

sensing circuit by incorporating Modsum 4– 

110066 in accordance with Bombardier 

Service Bulletin 84–27–33, dated June 6, 

2007. 

(2) For airplanes with serial numbers 4095 

through 4129: Within 6,000 flight hours after 

the effective date of this AD, modify the 

spoiler cable disconnect sensing circuit by 

incorporating Modsum 4–126356 in 

accordance with Bombardier Service Bulletin 

84–27–28, Revision B, dated September 25, 

2007. 

(3) Installations of Modsum 4–126356 

accomplished before the effective date of this 

AD according to Bombardier Service Bulletin 

84–27–28, dated October 2, 2006; or Revision 

A, dated April 30, 2007; are considered 

acceptable for compliance with the 

corresponding action specified in this AD. 


jlentini on PROD1PC65 with RULES
56470 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 

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, New York Aircraft 

Certification Office (ACO), 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: Dan 

Parrillo, Aerospace Engineer, Systems and 

Flight Test Branch, ANE–172, FAA, New 

York ACO, 1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone (516) 

228–7305; fax (516) 794–5531. 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 FAAapproved 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 Canadian Airworthiness 

Directive CF–2008–13, dated February 14, 

2008; and Bombardier Service Bulletins 84– 

27–33, dated June 6, 2007; and 84–27–28, 

Revision B, dated September 25, 2007; for 

related information. 

Material Incorporated by Reference 

(i) You must use Bombardier Service 

Bulletin 84–27–33, dated June 6, 2007; or 

Bombardier Service Bulletin 84–27–28, 

Revision B, dated September 25, 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 Bombardier, Inc., 

Bombardier Regional Aircraft Division, 123 

Garratt Boulevard, Downsview, Ontario M3K 

1Y5, Canada. 

(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 

September 11, 2008. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–22061 Filed 9–26–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0836; Airspace 

Docket No. 08–AEA–23] 

Amendment of Class E Airspace; 

Butler, PA; Removal of Class E 

Airspace; East Butler, PA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action amends Class E 

Airspace at Butler, PA to merge the 

existing Class E Airspace listed under 

East Butler, PA, which will be removed. 

The protected airspace that was 

developed for an Area Navigation 

(RNAV) Global Positioning System 

(GPS) Special Instrument Approach 

Procedure (lAP) for medical flight 

operations into Butler Memorial 

Hospital Heliport, PA was erroneously 

listed under East Butler, PA. This action 

corrects that mistake by listing all 

applicable airspace under the correct 

location of Butler, PA. Additionally, this 

action imparts a technical amendment 

by correctly listing the Butler County 

Airport as Butler Co./K W Scholter Field 

Airport. 

DATES: Effective 0901 UTC, January 15, 

2009. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. Comments for inclusion 

in the Rules Docket must be received on 

or before November 13, 2008. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building, 

Ground Floor, Room W12 140, 1200 

New Jersey, SE., Washington, DC 

20590–0001; Telephone: 1–800 647– 

5527; Fax: 202–493–2251. You must 

identify the Docket Number FAA–2008 

0836; Airspace Docket No. 08–AEA–23, 

at the beginning of your comments. You 

may also submit and review received 

comments through the Internet at 

http://www.regulations.gov. 

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. 

An informal docket may also be 

examined during normal business hours 

at the office of the Eastern Service 

Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P. O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this rule only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

Unless a written adverse or negative 

comment or a written notice of intent to 

submit an adverse or negative comment 

is received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the effective date. If the FAA 

receives, within the comment period, an 

adverse or negative comment, or written 

notice of intent to submit such a 

comment, a document withdrawing the 

direct final rule will be published in the 

Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. An electronic copy 

of this document may be downloaded 

from and comments may be submitted 

and reviewed at http:// 

www.regulations.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov. or the 


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