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Federal Register / Vol. 73, No.

77 / Monday, April 21, 2008 / Rules and Regulations 21225

TABLE 1.—INCORPORATION BY REFERENCE—Continued


Mandatory Service Bulletin (MSB) No. Page Revision Date

Total Pages: 6
Kelly Aerospace Power Systems MSB No. 029 .............................................................. ALL ............... Original ......... February 1, 2008.
Total Pages: 4
Kelly Aerospace Power Systems MSB No. 030 .............................................................. ALL ............... A ................... April 1, 2008.
Total Pages: 5
Kelly Aerospace Power Systems MSB No. 031 .............................................................. ALL ............... Original ......... February 28, 2008.
Total Pages: 5

Issued in Burlington, Massachusetts, on correct the unsafe condition on these The purpose of this Airworthiness
April 10, 2008. products. Directive (AD), by requiring modification of
Peter A. White, the wing anti-ice telescopic tubes in
DATES: This AD becomes effective May accordance with the ZODIAC service
Assistant Manager, Engine and Propeller 27, 2008. bulletins, is to ensure that no old definition
Directorate, Aircraft Certification Service. The Director of the Federal Register sealing rings remain in operation beyond a
[FR Doc. E8–8120 Filed 4–18–08; 8:45 am] approved the incorporation by reference life limit of 2,400 flight hours (FH) or 2,000
BILLING CODE 4910–13–P of certain publications listed in this AD flight cycles (FC).
as of May 27, 2008. The unsafe condition is a jammed
ADDRESSES: You may examine the AD aileron, which results in reduced
DEPARTMENT OF TRANSPORTATION
docket on the Internet at http:// controllability of the airplane. You may
Federal Aviation Administration www.regulations.gov or in person at the obtain further information by examining
U.S. Department of Transportation, the MCAI in the AD docket.
14 CFR Part 39 Docket Operations, M–30, West
Building Ground Floor, Room W12–140, Comments
[Docket No. FAA–2008–0116; Directorate 1200 New Jersey Avenue, SE., We gave the public the opportunity to
Identifier 2007–NM–257–AD; Amendment Washington, DC. participate in developing this AD. We
39–15474; AD 2008–08–20] FOR FURTHER INFORMATION CONTACT: Tom received no comments on the NPRM or
Rodriguez, Aerospace Engineer, on the determination of the cost to the
RIN 2120–AA64 public.
International Branch, ANM–116,
Airworthiness Directives; Dassault Transport Airplane Directorate, FAA, Conclusion
Model Falcon 2000 Airplanes 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone We reviewed the available data and
AGENCY: Federal Aviation (425) 227–1137; fax (425) 227–1149. determined that air safety and the
Administration (FAA), Department of public interest require adopting the AD
SUPPLEMENTARY INFORMATION:
Transportation (DOT). as proposed.
Discussion
ACTION: Final rule. Differences Between This AD and the
We issued a notice of proposed MCAI or Service Information
SUMMARY: We are adopting a new rulemaking (NPRM) to amend 14 CFR We have reviewed the MCAI and
airworthiness directive (AD) for the part 39 to include an AD that would related service information and, in
products listed above. This AD results apply to the specified products. That general, agree with their substance. But
from mandatory continuing NPRM was published in the Federal we might have found it necessary to use
airworthiness information (MCAI) Register on February 5, 2008 (73 FR different words from those in the MCAI
originated by an aviation authority of 6618). That NPRM proposed to correct to ensure the AD is clear for U.S.
another country to identify and correct an unsafe condition for the specified operators and is enforceable. In making
an unsafe condition on an aviation products. The MCAI states: these changes, we do not intend to differ
product. The MCAI describes the unsafe Wing anti ice telescopic tubes (P/N [part substantively from the information
condition as: number] 5035–400 and 5035–500) ball joints provided in the MCAI and related
Wing anti ice telescopic tubes (P/N [part were originally designed with high service information.
number] 5035–400 and 5035–500) ball joints temperature polymer (KynelTM) sealing rings. We might also have required different
were originally designed with high Temperature induced cracking of these rings
associated with long term wear has been
actions in this AD from those in the
temperature polymer (KynelTM) sealing rings.
Temperature induced cracking of these rings encountered in a small number of cases. This MCAI in order to follow our FAA
associated with long term wear has been degradation may lead to binding of the ball policies. Any such differences are
encountered in a small number of cases. This joint and high swiveling forces which may highlighted in a NOTE within the AD.
degradation may lead to binding of the ball result in improper operation of the leading
edge slats and also in failure of the ball joint
Costs of Compliance
joint and high swiveling forces which may
result in improper operation of the leading mounting bracket with possible friction on We estimate that this AD will affect
edge slats and also in failure of the ball joint the aileron control rod, which could lead, if about 159 products of U.S. registry. We
mounting bracket with possible friction on combined with a failure of the aileron also estimate that it will take about 4
the aileron control rod, which could lead, if emergency actuator, to an aileron jamming. work-hours per product to comply with
combined with a failure of the aileron A replacement carbon based material has the basic requirements of this AD. The
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emergency actuator, to an aileron jamming. been defined by the telescopic tube


manufacturer ZODIAC and can be applied
average labor rate is $80 per work-hour.
The unsafe condition is a jammed per ZODIAC Service Bulletins (SB) 5035–30– Required parts will cost about $1,423
aileron, which results in reduced 001 and 5035–30–002, resulting in P/N re- per product. Where the service
controllability of the airplane. We are designations 5035–600 Amdt.A and 5035– information lists required parts costs
issuing this AD to require actions to 700 Amdt.A, respectively. that are covered under warranty, we

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21226 Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Rules and Regulations

have assumed that there will be no other information. The street address for redesignations 5035–600 Amdt.A and 5035–
charge for these parts. As we do not the Docket Operations office (telephone 700 Amdt.A, respectively.
control warranty coverage for affected (800) 647–5527) is in the ADDRESSES The purpose of this Airworthiness
Directive (AD), by requiring modification of
parties, some parties may incur costs section. Comments will be available in
the wing anti-ice telescopic tubes in
higher than estimated here. Based on the AD docket shortly after receipt. accordance with the Zodiac service bulletins,
these figures, we estimate the cost of is to ensure that no old definition sealing
List of Subjects in 14 CFR Part 39
this AD to the U.S. operators to be rings remain in operation beyond a life limit
$277,137, or $1,743 per product. Air transportation, Aircraft, Aviation of 2,400 flight hours (FH) or 2,000 flight
safety, Incorporation by reference, cycles (FC).
Authority for This Rulemaking Safety. The unsafe condition is a jammed aileron,
Title 49 of the United States Code which results in reduced controllability of
specifies the FAA’s authority to issue Adoption of the Amendment the airplane.
rules on aviation safety. Subtitle I, ■ Accordingly, under the authority Actions and Compliance
section 106, describes the authority of delegated to me by the Administrator, (f) Unless already done, do the following
the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as actions.
Aviation Programs,’’ describes in more follows: (1) At the later of the compliance times
detail the scope of the Agency’s specified in paragraphs (f)(1)(i) and (f)(1)(ii)
authority. PART 39—AIRWORTHINESS of this AD, remove and modify the affected
We are issuing this rulemaking under DIRECTIVES tubes in accordance with instructions
the authority described in ‘‘Subtitle VII, contained in Zodiac Service Bulletins 5035–
Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 30–001 and 5035–30–002, both dated April
General requirements.’’ Under that continues to read as follows: 15, 2002.
Authority: 49 U.S.C. 106(g), 40113, 44701. (i) Before the telescopic tubes, P/N 5035–
section, Congress charges the FAA with
400 and 5035–500, exceed the limit of 2,400
promoting safe flight of civil aircraft in flight hours, or 2,000 flight cycles, time-in-
§ 39.13 [Amended]
air commerce by prescribing regulations service since new, whichever occurs first.
for practices, methods, and procedures ■ 2. The FAA amends § 39.13 by adding (ii) At the earlier of the times specified in
the Administrator finds necessary for the following new AD: paragraphs (f)(1)(ii)(A) and (f)(1)(ii)(B) of this
safety in air commerce. This regulation 2008–08–20 Dassault Aviation: AD.
is within the scope of that authority Amendment 39–15474. Docket No. (A) Within 330 flight hours after the
because it addresses an unsafe condition FAA–2008–0116; Directorate Identifier effective date of this AD.
that is likely to exist or develop on 2007–NM–257–AD. (B) Within 7 months after the effective date
of this AD.
products identified in this rulemaking Effective Date (2) As of 7 months after the effective date
action. of this AD, no person may install an affected
(a) This airworthiness directive (AD)
Regulatory Findings becomes effective May 27, 2008. telescopic tube P/N 5035–400 or 5035–500 in
any aircraft as a replacement part, unless it
We determined that this AD will not Affected ADs has been modified in accordance with
have federalism implications under (b) None. instructions contained in Zodiac Service
Executive Order 13132. This AD will Bulletins 5035–30–001 and 5035–30–002,
Applicability both dated April 15, 2002.
not have a substantial direct effect on
the States, on the relationship between (c) This AD applies to Dassault Model FAA AD Differences
the national government and the States, Falcon 2000 airplanes, certificated in any
category; all serial numbers; equipped with Note: This AD differs from the MCAI and/
or on the distribution of power and or service information as follows: No
wing anti-ice telescopic tubes having part
responsibilities among the various number (P/N) 5035–400 or 5035–500. differences.
levels of government.
For the reasons discussed above, I Subject Other FAA AD Provisions
certify this AD: (d) Air Transport Association (ATA) of (g) The following provisions also apply to
1. Is not a ‘‘significant regulatory America Code 30: Ice and rain protection. this AD:
action’’ under Executive Order 12866; Reason (1) Alternative Methods of Compliance
2. Is not a ‘‘significant rule’’ under the (AMOCs): The Manager, International
DOT Regulatory Policies and Procedures (e) The mandatory continuing Branch, ANM–116, Transport Airplane
airworthiness information (MCAI) states: Directorate, FAA, has the authority to
(44 FR 11034, February 26, 1979); and
3. Will not have a significant Wing anti ice telescopic tubes (P/N [part approve AMOCs for this AD, if requested
economic impact, positive or negative, number] 5035–400 and 5035–500) ball joints using the procedures found in 14 CFR 39.19.
were originally designed with high Send information to ATTN: Tom Rodriguez,
on a substantial number of small entities temperature polymer (KynelTM) sealing rings. Aerospace Engineer, International Branch,
under the criteria of the Regulatory Temperature induced cracking of these rings ANM–116, Transport Airplane Directorate,
Flexibility Act. associated with long term wear has been FAA, 1601 Lind Avenue, SW., Renton,
We prepared a regulatory evaluation encountered in a small number of cases. This Washington 98057–3356; telephone (425)
of the estimated costs to comply with degradation may lead to binding of the ball 227–1137; fax (425) 227–1149. Before using
this AD and placed it in the AD docket. joint and high swiveling forces which may any approved AMOC on any airplane to
result in improper operation of the leading which the AMOC applies, notify your
Examining the AD Docket edge slats and also in failure of the ball joint appropriate principal inspector (PI) in the
You may examine the AD docket on mounting bracket with possible friction on FAA Flight Standards District Office (FSDO),
the Internet at http:// the aileron control rod, which could lead, if or lacking a PI, your local FSDO.
www.regulations.gov; or in person at the combined with a failure of the aileron (2) Airworthy Product: For any requirement
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emergency actuator, to an aileron jamming. in this AD to obtain corrective actions from


Docket Operations office between 9 a.m. A replacement carbon based material has a manufacturer or other source, use these
and 5 p.m., Monday through Friday, been defined by the telescopic tube actions if they are FAA-approved. Corrective
except Federal holidays. The AD docket manufacturer Zodiac and can be applied per actions are considered FAA-approved if they
contains the NPRM, the regulatory Zodiac Service Bulletins (SB) 5035–30–001 are approved by the State of Design Authority
evaluation, any comments received, and and 5035–30–002, resulting in P/N (or their delegated agent). You are required

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Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Rules and Regulations 21227

to assure the product is airworthy before it determine the material of the forward September 6, 2007 (72 FR 51201). That
is returned to service. and aft gray water drain masts. For NPRM proposed to require a one-time
(3) Reporting Requirements: For any airplanes having composite gray water inspection to determine the material of
reporting requirement in this AD, under the drain masts, this AD requires the forward and aft gray water drain
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
installation of a bonding jumper masts. For airplanes having composite
has approved the information collection between a ground and the clamp on the gray water drain masts, that NPRM also
requirements and has assigned OMB Control tube of the forward and aft gray water proposed to require installation of a
Number 2120–0056. composite drain masts. This AD results bonding jumper between a ground and
from a report of charred insulation the clamp on the tube of the forward
Related Information
blankets and burned wires around the and aft gray water composite drain
(h) Refer to MCAI European Aviation forward gray water composite drain masts.
Safety Agency (EASA) Airworthiness mast found during an inspection of the
Directive 2006–0276, dated September 6, Actions Since NPRM Was Issued
2006; and Zodiac Service Bulletins 5035–30–
forward cargo compartment on a Model
767–300F airplane. We are issuing this Since we issued the NPRM, Boeing
001 and 5035–30–002, both dated April 15,
2002; for related information. AD to prevent a fire near a composite has issued new service information that
drain mast and possible disruption of includes corrected measurement values
Material Incorporated by Reference the electrical power system caused by a and procedures that should be followed
(i) You must use Zodiac Service Bulletin lightning strike on a composite drain if the resistance of the bonding jumper
5035–30–001, dated April 15, 2002; and mast, which could result in the loss of exceeds certain values during the initial
Zodiac Service Bulletin 5035–30–002, dated several functions essential for safe resistance check.
April 15, 2002; to do the actions required by We have reviewed Boeing Special
this AD, unless the AD specifies otherwise.
flight.
Attention Service Bulletin 737–30–
(1) The Director of the Federal Register DATES: This AD is effective May 27, 1056, Revision 1, dated October 25,
approved the incorporation by reference of 2008.
this service information under 5 U.S.C.
2007. The service bulletin describes
The Director of the Federal Register procedures for installing a bonding
552(a) and 1 CFR part 51. approved the incorporation by reference
(2) For service information identified in jumper between a ground and the clamp
of a certain publication listed in this AD on the tube of the forward and aft gray
this AD, contact Dassault Falcon Jet, P.O. Box
as of May 27, 2008. water composite drain mast. We have
2000, South Hackensack, New Jersey 07606.
(3) You may review copies at the FAA, ADDRESSES: For service information revised this final rule to refer to
Transport Airplane Directorate, 1601 Lind identified in this AD, contact Boeing Revision 1 of the service bulletin as the
Avenue, SW., Renton, Washington; or at the Commercial Airplanes, P.O. Box 3707, appropriate source of service
National Archives and Records Seattle, Washington 98124–2207. information for the required actions. We
Administration (NARA). For information on
the availability of this material at NARA, call Examining the AD Docket have also added paragraph (h) to this
(202) 741–6030, or go to: http:// final rule to give credit for actions done
You may examine the AD docket on
www.archives.gov/federal-register/cfr/ibr- previously in accordance with Boeing
the Internet at http://
locations.html. Special Attention Service Bulletin 737–
www.regulations.gov; or in person at the
30–1056, dated February 28, 2007,
Issued in Renton, Washington, on April 8, Docket Management Facility between 9
2008. provided the results of the resistance
a.m. and 5 p.m., Monday through
measurement meet the values specified
Ali Bahrami, Friday, except Federal holidays. The AD
in Revision 1; we have re-identified
Manager, Transport Airplane Directorate, docket contains this AD, the regulatory
subsequent paragraphs accordingly.
Aircraft Certification Service. evaluation, any comments received, and
[FR Doc. E8–8253 Filed 4–18–08; 8:45 am] other information. The address for the Comments
BILLING CODE 4910–13–P Docket Office (telephone 800–647–5527) We have considered the following
is the Document Management Facility, comments on the NPRM.
U.S. Department of Transportation,
DEPARTMENT OF TRANSPORTATION Docket Operations, M–30, West Request To Clarify the Proposed
Building Ground Floor, Room W12–140, Applicability
Federal Aviation Administration 1200 New Jersey Avenue, SE., Boeing requests that we revise the
Washington, DC 20590. Applicability statement of the NPRM to
14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: clarify the affected airplanes. Boeing
[Docket No. FAA–2007–29116; Directorate Nicholas Wilson, Aerospace Engineer, states that airplanes having line
Identifier 2007–NM–064–AD; Amendment Cabin Safety and Environmental numbers 1935 and subsequent have the
39–15476; AD 2008–08–22] Systems Branch, ANM–150S, FAA, bonding jumper installed during
Seattle Aircraft Certification Office, production and should not be subject to
RIN 2120–AA64
1601 Lind Avenue, SW., Renton, the NPRM. Boeing asserts that the
Airworthiness Directives; Boeing Washington 98057–3356; telephone NPRM should only be applicable to
Model 737–600, –700, –700C, –800, and (425) 917–6476; fax (425) 917–6590. airplanes delivered with composite
–900 Series Airplanes SUPPLEMENTARY INFORMATION: drain masts without the bonding jumper
or airplanes with spare
AGENCY: Federal Aviation Discussion interchangeability notes allowing
Administration (FAA), DOT. We issued a notice of proposed replacement of the aluminum drain
ACTION: Final rule. rulemaking (NPRM) (the ‘‘original masts with composite drain masts.
NPRM’’) to amend 14 CFR part 39 to We partially agree. For the reason
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SUMMARY: We are adopting a new include an airworthiness directive (AD) stated by Boeing, we have determined
airworthiness directive (AD) for certain that would apply to all Boeing Model that these airplanes should not be
Boeing Model 737–600, –700, –700C, 737–600, –700, –700C, –800, and –900 subject to this AD. However, we do not
–800, and –900 series airplanes. This series airplanes. That NPRM was agree to revise the Applicability
AD requires a one-time inspection to published in the Federal Register on statement of this AD as suggested by

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