Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 61343 

(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: 

2008–21–06 Boeing: Amendment 39–15690. 

Docket No. FAA–2008–0640; Directorate 

Identifier 2008–NM–070–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective November 20, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 747– 

400, 747–400D, and 747–400F series 

airplanes, certificated in any category; as 

identified in Boeing Special Attention 

Service Bulletin 747–28–2260, dated March 

13, 2008. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent a fire or 

explosion in the fuel tank and consequent 

loss of the airplane. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Installation 

(f) Within 60 months after the effective 

date of this AD, install an extension tube to 

the existing pump discharge port of the 

scavenge pump on the outboard side of the 

center fuel tank in the main fuel tank #2, in 

accordance with the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 747–28–2260, dated March 

13, 2008. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Seattle Aircraft 

Certification Office (SACO), FAA, ATTN: 

Sulmo Mariano, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, SACO, 

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 

(h) You must use Boeing Special Attention 

Service Bulletin 747–28–2260, dated March 

13, 2008, 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 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 October 

2, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–24130 Filed 10–15–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0749; Directorate 

Identifier 2008–CE–044–AD; Amendment 

39–15692; AD 2008–21–08] 

RIN 2120–AA64 

Airworthiness Directives; Air Tractor, 

Inc. Models AT–402, AT–402A, and AT– 

402B Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Air Tractor, Inc. (Air Tractor) Models 

AT–402, AT–402A, and AT–402B 

airplanes. This AD requires you to 

repetitively visually inspect the rudder 

and vertical fin hinge attaching 

structure for loose fasteners and inspect 

the rudder or vertical fin skins, spars, 

hinges, or brackets for cracks and/or 

corrosion. This AD also requires you to 

replace any damaged parts found as a 

result of the inspections and install an 

external doubler at the upper rudder 

hinge. Installation of the external 

doubler at the upper rudder hinge is 

terminating action for the repetitive 

inspection requirements. This AD 

results from a report of a Model AT–402 

airplane with a loose upper rudder 

hinge caused by fatigue. We are issuing 

this AD to detect and correct loose 

fasteners; any cracks in the rudder or 

vertical fin skins, spars, hinges, or 

brackets; or corrosion of the rudder and 

vertical fin hinge attaching structure. 

Hinge failure adversely affects ability to 

control yaw and has led to the rudder 

folding over in flight. This condition 

could allow the rudder to contact the 

elevator and affect ability to control 

pitch with consequent loss of control. 

DATES: This AD becomes effective on 

November 20, 2008. 

On November 20, 2008, the Director 

of the Federal Register approved the 

incorporation by reference of Snow 

Engineering Co. Service Letter #247, 

revised June 2, 2008, listed in this AD. 

As of December 21, 2006 (71 FR 

66661, November 16, 2006), the Director 

of the Federal Register approved the 

incorporation by reference of Snow 

Engineering Co. Process Specification 

Number 145, dated December 6, 1991, 

listed in this AD. 

ADDRESSES: For service information 

identified in this AD, contact Air 

Tractor, Inc., P.O. Box 485, Olney, Texas 


rwilkins on PROD1PC63 with NOTICES
61344 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

76374; telephone: (940) 564–5616; 

facsimile: (940) 564–5612; E-mail: 

parts@airtractor.com; Web site: http:// 

www.airtractor.com. 

To view the AD docket, go to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, or on the Internet at http:// 

www.regulations.gov. The docket 

number is FAA–2008–0749; Directorate 

Identifier 2008–CE–044–AD. 

FOR FURTHER INFORMATION CONTACT: 

Andy McAnaul, Aerospace Engineer, 

10100 Reunion Pl, San Antonio, Texas 

78216; telephone: (210) 308–3365; fax: 

(210) 308–3370. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On July 1, 2008, we issued a proposal 

to amend part 39 of the Federal Aviation 

Regulations (14 CFR part 39) to include 

an AD that would apply to certain Air 

Tractor Models AT–402, AT–402A, and 

AT–402B airplanes. This proposal was 

published in the Federal Register as a 

notice of proposed rulemaking (NPRM) 

on July 8, 2008 (73 FR 38933). The 

NPRM proposed to require you to 

repetitively visually inspect the rudder 

and vertical fin hinge attaching 

structure for loose fasteners and inspect 

the rudder or vertical fin skins, spars, 

hinges, or brackets for cracks and/or 

corrosion. This AD would also require 

you to replace any damaged parts found 

as a result of the inspections and install 

an external doubler at the upper rudder 

hinge. Installation of the external 

doubler at the upper rudder hinge is 

terminating action for the repetitive 

inspection requirements. 

Comments 

We provided the public the 

opportunity to participate in developing 

this AD. We received no comments on 

the proposal or on the determination of 

the cost to the public. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD as proposed except for 

minor editorial corrections. We have 

determined that these minor 

corrections: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Costs of Compliance 

We estimate that this AD affects 220 

airplanes in the U.S. registry. 

We estimate the following costs to do 

the inspection: 

Labor cost Parts cost Total cost 

per airplane 

Total cost 

on U.S. 

operators 

1 work-hour × $80 per hour = $80 ................................................. Not applicable ..................................................... $80 $17,600 

Any required replacements will vary 

depending upon the damage found, and 

any replacements required will vary 

based on the results of the inspection. 

Based on this, we have no way of 

determining the potential replacement 

costs for each airplane or the number of 

airplanes that will need the 

replacements based on the result of the 

inspections. 

We estimate the following costs to do 

installation of the external doubler at 

the upper rudder hinge: 

Labor cost Parts cost Total cost 

per airplane 

Total cost 

on U.S. 

operators 

5 work-hours × $80 per hour = $400 ...................................................................................................... $217 $617 $135,740 

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 AD. 

Regulatory Findings 

We have 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 that 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 summary of the costs 

to comply with this AD (and other 

information as included in the 

Regulatory Evaluation) and placed it in 

the AD Docket. You may get a copy of 

this summary by sending a request to us 

at the address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2008–0749; 

Directorate Identifier 2008 CE–044–AD’’ 

in your request. 

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 Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (14 CFR part 39) as follows: 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 61345 

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. FAA amends § 39.13 by adding the 

following new AD: 

2008–21–08 Air Tractor, Inc.: Amendment 

39–15692; Docket No. FAA–2008–0749; 

Directorate Identifier 2008–CE–044–AD. 

Effective Date 

(a) This AD becomes effective on 

November 20, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Models AT–402, 

AT–402A, and AT–402B airplanes, serial 

numbers 0694 through 1176, that are 

certificated in any category. 

Unsafe Condition 

(d) This AD results from a report of a 

Model AT–402 airplane with a loose upper 

rudder hinge caused by fatigue. We are 

issuing this AD to detect and correct loose 

fasteners; any cracks in the rudder or vertical 

fin skins, spars, hinges, or brackets; or 

corrosion of the rudder and vertical fin hinge 

attaching structure. Hinge failure adversely 

affects ability to control yaw and has led to 

the rudder folding over in flight. This 

condition could allow the rudder to contact 

the elevator and affect ability to control pitch 

with consequent loss of control. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) Inspect visually the rudder and vertical fin 

hinge attachment for loose fasteners; and inspect the rudder or vertical fin skins, spars, 

hinges, and brackets for cracks and/or corrosion.

Initially inspect when the airplane reaches a 

total of 3,500 hours time-in-service (TIS) or 

within the next 100 hours TIS after November 20, 2008 (the effective date of this AD), 

whichever occurs later. Thereafter, repetitively inspect at intervals not to exceed 

every 100 hours TIS. Installation of the external doubler at the upper rudder hinge required by paragraph (e)(2)(ii) or (e)(3) of 

this AD is terminating action for the repetitive inspections required by this AD.

Follow Snow Engineering Co. Service Letter 

#247, revised June 2, 2008. 

(2) If you find any damage as a result of any 

inspection required by paragraph (e)(1) of 

this AD, you must: 

(i) Replace any damaged parts with new 

parts; and 

(ii) Do the installation of the external doubler at the upper rudder hinge. Before further flight after any inspection required by paragraph (e)(1) of this AD where 

you find any damaged parts. The installation of the external doubler at the upper 

rudder hinge required by paragraph (e)(2)(ii) 

or (e)(3) of this AD terminates the repetitive 

inspections required by this AD.

Follow Snow Engineering Co. Service Letter 

#247, revised June 2, 2008; and Snow Engineering Co. Process Specification Number 

145, dated December 6, 1991. 

(3) Do the installation of the external doubler at 

the upper rudder hinge.

When the airplane reaches a total of 5,000 

hours TIS after November 20, 2008 (the effective date of this AD) or within the next 

100 hours TIS after November 20, 2008 

(the effective date of this AD), whichever 

occurs later. The installation of the external 

doubler at the upper rudder hinge required 

by paragraph (e)(2)(ii) or (e)(3) of this AD 

terminates the repetitive inspections required by this AD.

Follow Snow Engineering Co. Service Letter 

#247, revised June 2, 2008; and Snow Engineering Co. Process Specification Number 

145, dated December 6, 1991. 

(4) Do not install any rudder without the external doubler at the upper rudder hinge required by paragraph (e)(3) of this AD.As of November 20, 2008 (the effective date 

of this AD).

Not Applicable. 

Alternative Methods of Compliance 

(AMOCs) 

(f) The Manager, Fort Worth Airplane 

Certification Office, 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: Andrew 

McAnaul, Aerospace Engineer, ASW–150 (c/ 

o MIDO–43), 10100 Reunion Place, Suite 650, 

San Antonio, Texas 78216; telephone: (210) 

308–3365; facsimile: (210) 308–3370. 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 

(g) You must use Snow Engineering Co. 

Service Letter #247, revised June 2, 2008; and 

Snow Engineering Co. Process Specification 

Number 145, dated December 6, 1991, 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 

Snow Engineering Co. Service Letter #247, 

revised June 2, 2008, under 5 U.S.C. 552(a) 

and 1 CFR part 51. 

(2) On December 21, 2006 (71 FR 66661, 

November 16, 2006), the Director of the 

Federal Register approved the incorporation 

by reference of Snow Engineering Co. Process 

Specification Number 145, dated December 

6, 1991. 

(3) For service information identified in 

this AD, contact Air Tractor, Inc., P.O. Box 

485, Olney, Texas 76374; telephone: (940) 

564–5616; facsimile: (940) 564–5612; E-mail: 

parts@airtractor.com; Web site: http:// 

www.airtractor.com. 

(4) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Kansas City, Missouri 

64106; 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. 


rwilkins on PROD1PC63 with NOTICES
61346 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

Issued in Kansas City, Missouri. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E8–24137 Filed 10–15–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1088; Directorate 

Identifier 2008–NE–15–AD; Amendment 39– 

15691; AD 2008–21–07] 

RIN 2120–AA64 

Airworthiness Directives; Dowty 

Propellers R408 Series Propellers 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued 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: 

Three in-service propellers have been 

found to have blades which have lost 

the bonded metallic leading edge guard. 

If the leading edge guard comes off as 

the propeller turns, it could cause 

secondary damage to aircraft or injury to 

personnel. For the reasons described 

above, EASA issued Emergency AD 

2007–0223–E to require repetitive 

inspections of the blade Leading Edge 

(L/E) guards for correct bonding until 

they accumulate more than 1,200 flight 

hours (FH) time in service. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI, which 

could result in the loss of the bonded 

metallic leading edge guard, and could 

result in damage to the airplane or 

injury to personnel. 

DATES: This AD becomes effective 

October 31, 2008. 

We must receive comments on this 

AD by November 17, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of Dowty Propellers Alert Service 

Bulletin (ASB) D8400–61–A69, dated 

August 15, 2007, and ASB D8400–61– 

A69, Revision 1, dated September 18, 

2007, listed in the AD as of October 31, 

2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

• Hand Delivery: Deliver to mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

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 this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is the same as the mail 

address provided in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Terry Fahr, Aerospace Engineer, Boston 

Aircraft Certification Office, FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: terry.fahr@faa.gov; 

telephone (781) 238–7155; fax (781) 

238–7170. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2007–0223 R2, 

dated October 26, 2007, (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

Three in-service propellers have been 

found to have blades which have lost the 

bonded metallic leading edge guard. If the 

leading edge guard comes off as the propeller 

turns, it could cause secondary damage to 

aircraft or injury to personnel. 

For the reasons described above, 

EASA issued Emergency AD 2007– 

0223–E to require repetitive inspections 

of the blade Leading Edge (L/E) guards 

for correct bonding until they 

accumulate more than 1,200 FH time in 

service. Revision 1 of this AD was 

issued to clarify the required 

inspections and follow-up actions 

depending on findings and to make 

reference to the latest Dowty Alert 

Service Bulletin (ASB) revision. 

This AD has been further revised for 

clarification, specifying that blades repaired 

at the tip are only allowed to continue up to 

500 hours in service after repair. This 

limitation was already in the Dowty ASB and 

the Note is added to the AD to avoid the 

impression that the AD does not require the 

same limitation. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Dowty Propellers has issued Alert 

Service Bulletins D8400–61–A69, dated 

August 15, 2007; and Revision 1, dated 

September 18, 2007. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This AD 

This product has been approved by 

the aviation authority of the United 

Kingdom, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the United 

Kingdom, they have notified us of the 

unsafe condition described in the MCAI 

and service information referenced 

above. We are issuing this AD because 

we evaluated all information provided 

by the United Kingdom and determined 

the unsafe condition exists and is likely 

to exist or develop on other products of 

the same type design. 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because the required compliance 

time to detect the unsafe condition is 

too short for public comment. Therefore, 

we determined that notice and 

opportunity for public comment before 

issuing this AD are impracticable and 

that good cause exists for making this 

amendment effective in fewer than 30 

days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2008–1088; 

Directorate Identifier 2008–NE–15–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 


rwilkins on PROD1PC63 with NOTICES