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49164 Federal Register / Vol. 72, No.

166 / Tuesday, August 28, 2007 / Rules and Regulations

TABLE 1.—APPLICABLE SERVICE INFORMATION—Continued


Revision
Learjet airplane model Service Bulletin Date
level

45 .................................................................................. Bombardier Service Bulletin 45–54–3 ......................... 2 .............. August 15, 2003.
35/35A (C–21A) and 36/36A ........................................ Learjet Service Bulletin 35/36–54–3 ............................ Original .... March 16, 2001.
55/55B/55C ................................................................... Learjet Service Bulletin 55–54–3 ................................. Original .... March 16, 2001.

Unsafe Condition unsealed gaps, and clean and seal any (PI) in the FAA Flight Standards District
(d) This AD results from a report that unsealed gap. Office (FSDO), or lacking a PI, your local
unsealed gaps (penetration points) of the FSDO.
Credit for Actions Done Using Previous
engine firewall were discovered during Service Information Material Incorporated by Reference
production. We are issuing this AD to
prevent penetration of flammable liquids or (g) Actions accomplished before the (i) You must use the service documents
fire through the engine firewall into the effective date of this AD according to Learjet identified in Table 2 of this AD to perform
engine pylon, which could lead to fire inside Service Bulletin 31–54–2, dated March 16, the actions that are required by this AD,
the airplane. 2001; or Bombardier Service Bulletin 45–54– unless the AD specifies otherwise. (For
3, dated March 16, 2001; or Revision 1, dated Bombardier Service Bulletin 45–54–3,
Compliance December 12, 2001; as applicable; are Revision 2, dated August 15, 2003, only the
(e) You are responsible for having the considered acceptable for compliance with first page of that document contains the
actions required by this AD performed within the corresponding action specified in this
correct revision date.) The Director of the
the compliance times specified, unless the AD.
Federal Register approved the incorporation
actions have already been done. Alternative Methods of Compliance by reference of these documents in
Inspecting, Cleaning, and Sealing of Gaps in (AMOCs) accordance with 5 U.S.C. 552(a) and 1 CFR
Engine Firewall (h)(1) The Manager, Wichita Aircraft part 51. Contact Learjet, Inc., One Learjet
(f) Within 12 months after the effective Certification Office, FAA, has the authority to Way, Wichita, Kansas 67209–2942, for a copy
date of this AD, do the actions described in approve AMOCs for this AD, if requested in of this service information. You may review
paragraphs (f)(1) and (f)(2) of this AD, in accordance with the procedures found in 14 copies at the FAA, Transport Airplane
accordance with the applicable service CFR 39.19. Directorate, 1601 Lind Avenue SW., Renton,
information specified in Table 1 of this AD. (2) To request a different method of Washington; or at the National Archives and
(1) For all airplanes: Inspect for unsealed compliance or a different compliance time Records Administration (NARA). For
gaps on the pylon side of the engine firewall for this AD, follow the procedures in 14 CFR information on the availability of this
and clean and seal any unsealed gap. 39.19. Before using any approved AMOC on material at NARA, call 202–741–6030, or go
(2) For Learjet Model 45 airplanes only: any airplane to which the AMOC applies, to: http://www.archives.gov/federal-register/
Inspect the engine pylon trailing edge for notify your appropriate principal inspector cfr/ibr-locations.html.

TABLE 2.—MATERIAL INCORPORATED BY REFERENCE


Revision
Service Bulletin Date
level

Bombardier Service Bulletin 31–54–2 .................................................................................................................... 1 .............. August 21, 2006.


Bombardier Service Bulletin 45–54–3 .................................................................................................................... 2 .............. August 15, 2003.
Learjet Service Bulletin 35/36–54–3 ....................................................................................................................... Original .... March 16, 2001.
Learjet Service Bulletin 55–54–3 ............................................................................................................................ Original .... March 16, 2001.

Issued in Renton, Washington, on August DEPARTMENT OF TRANSPORTATION SUMMARY: This amendment adopts a
14, 2007. new airworthiness directive (AD),
Stephen P. Boyd, Federal Aviation Administration applicable to certain McDonnell
Acting Manager, Transport Airplane Douglas Model DC–9–10, –20, –30, –40,
Directorate, Aircraft Certification Service. 14 CFR Part 39 and –50 series airplanes; Model DC–9–
[FR Doc. E7–16676 Filed 8–27–07; 8:45 am] 81 (MD–81), –82 (MD–82), –83 (MD–83),
[Docket No. 2003–NM–198–AD; Amendment and –87 (MD–87) airplanes; and Model
BILLING CODE 4910–13–P
39–15176; AD 2007–17–18] MD–88 airplanes; that requires
repetitive inspections and functional
RIN 2120–AA64 tests of the static port heater assemblies,
and corrective actions if necessary. The
Airworthiness Directives; McDonnell actions specified by this AD are
Douglas Model DC–9–10, –20, –30, –40, intended to prevent an electrical short
and –50 Series Airplanes; Model DC– of the static port heater from sparking
9–81 (MD–81), –82 (MD–82), –83 (MD– and igniting the insulation blanket
83), and –87 (MD–87) Airplanes; and adjacent to the static port heater, which
Model MD–88 Airplanes could result in smoke and/or fire in the
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cabin area. This action is intended to


AGENCY: Federal Aviation address the identified unsafe condition.
Administration (FAA), Department of
Transportation (DOT). DATES: Effective October 2, 2007.
The incorporation by reference of a
ACTION: Final rule.
certain publication listed in the

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Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations 49165

regulations is approved by the Director proper installation for the following significantly higher than the intended
of the Federal Register as of October 2, reasons. operating temperatures. Additionally,
2007. We have concluded that the incorrect the heater circuit design incorporates a
ADDRESSES: The service information stacking of the heater assembly does not 310°F thermal fuse. However, the
referenced in this AD may be obtained contribute to the heater connector wire additional duty time or cycles caused by
from Boeing Commercial Airplanes, damage and is therefore not a safety the improper stack-up might accelerate
Long Beach Division, 3855 Lakewood concern. the normal aging of the heater assembly.
Boulevard, Long Beach, California We based our original decision to Based on the above information, our
90846, Attention: Data and Service incorporate a one-time inspection for previous conclusion that ‘‘excessive
Management, Dept. C1–L5A (D800– incorrect stacking into the original heating’’ could damage the heater
0024). This information may be NPRM on the following statement made connector wire is incorrect.
to the FAA in Boeing Letter C1–L4L– Furthermore, Boeing addressed the
examined at the Federal Aviation
03–0700, dated June 3, 2003. improper stack-up of the static port
Administration (FAA), Transport
heater assembly in McDonnell Douglas
Airplane Directorate, Rules Docket, Boeing’s evaluation included Delta’s
recommendation to redesign the ‘‘ * * * All Operator Letter (AOL) 9–2186, dated
1601 Lind Avenue SW., Renton, August 15, 1991. The AOL notified the
Washington; or at the FAA, Los Angeles heater resistance wires * * *’’ or heater
element to incorporate larger bend radii. The operators of an incorrect depiction of
Aircraft Certification Office, 3960 the heater/insulator installation in the
problems of excessive localized heating near
Paramount Boulevard, Lakewood, the bend radii of the element encountered by DC–9 and MD–80 Airplane Maintenance
California. Delta may be attributed to heaters that were Manuals (AMMs), which were also
FOR FURTHER INFORMATION CONTACT: assembled improperly due to the AMM error. revised and corrected in 1991. We are
Natalie Phan-Tran, Aerospace Engineer, Delta’s statements in its report indicate aware of no subsequent reports of
finding heater blankets improperly improper stack-up of the static port
Systems and Equipment Branch, ANM– assembled. Boeing concurs with Delta that
130L, FAA, Los Angeles Aircraft this assembly error would cause excessive
heater assembly.
Certification Office, 3960 Paramount heating and Boeing also believes this Comments
Boulevard, Lakewood, California condition could lead to delamination or other
90712–4137; telephone (562) 627–5343; damage in the bend radii areas. Interested persons have been afforded
fax (562) 627–5210. an opportunity to participate in the
Then, in the supplemental NPRM, we making of this amendment. Due
SUPPLEMENTARY INFORMATION: A agreed with the NTSB recommendation consideration has been given to the
proposal to amend part 39 of the Federal to require repetitive inspections to comments received.
Aviation Regulations (14 CFR part 39) to address any incorrect stacking that
include an airworthiness directive (AD) might occur in the future. Request To Withdraw the Supplemental
that is applicable to certain McDonnell After Boeing commented on the NPRM
Douglas Model DC–9–10, –20, –30, –40, supplemental NPRM (see ‘‘Comments’’ Boeing requests that the supplemental
and –50 series airplanes; Model DC–9– section below), we contacted Boeing to NPRM be withdrawn. Boeing considers
81 (MD–81), –82 (MD–82), –83 (MD–83), clarify its comments. At the same time, its comments on the original NPRM still
and –87 (MD–87) airplanes; and Model in order to better understand the need valid and offers these comments on the
MD–88 airplanes was published as a for a repetitive inspection for proper supplemental NPRM as follows.
supplemental notice of proposed installation as the NTSB recommended, Boeing contends that the unsafe
rulemaking (NPRM) in the Federal we asked Boeing to provide us with condition no longer exists. Boeing states
Register on December 20, 2005 (70 FR additional information on the cause and that the unsafe condition was addressed
75430). That action proposed to require effect of improper installation (incorrect by Boeing Alert Service Bulletin MD90–
repetitive inspections and functional stacking). 30A023, including Appendix, dated
tests of the static port heater assemblies, We specifically requested that Boeing March 14, 2001 (for Model MD–90–30
repetitive inspections of the static port clarify the definition of ‘‘excessive airplanes), which was mandated by AD
heaters and insulators, and corrective heating’’ and ‘‘other damage in the bend 2001–10–11, amendment 39–12237 (66
actions if necessary. radii areas.’’ Boeing confirmed that the FR 28651, May 24, 2001), and by Boeing
bend radii area of the heater assembly Alert Service Bulletin MD80–30A092,
Actions Since Issuance of Supplemental
is the internal heating element bend including Appendix, dated March 14,
NPRM
radii, within the laminated elastomer 2001 (for Model DC–9–81, –82, –83, and
We proposed in paragraph (b)(2) of and is not the bend radii of the –87 airplanes, and Model MD–88
the supplemental NPRM to require connector wire. Based on this statement, airplanes), which was mandated by AD
repetitive inspections for proper we concluded that the incorrect stacking 2001–10–10, amendment 39–12236 (66
installation of the static port heaters and of the heater as we understood before FR 28643, May 24, 2001). Boeing states
insulation. This proposal was in does not contribute to heater connector that those ADs require inspecting the
response to a National Transportation wire damage. wiring of the primary and alternate
Safety Board (NTSB) comment on the Our evaluation of the additional static port heaters, determining if the
original NPRM. However, we have re- information has resulted in a better type of insulation blanket installed is
assessed the safety implications of the understanding of ‘‘excessive heating.’’ metallized Mylar, and modifying the
issue based on additional information We determined that improper stack-up insulation blankets if necessary.
that we received from Boeing. Although of the static port heater might cause the Boeing also states that a review of
we understand the NTSB’s concern, we heater assembly to run longer at the operators’ reports indicates only two
have determined that the inspections in high wattage setting in order to heat the events resulted in smoke in the cabin,
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paragraph (b)(2) of the supplemental static plate to the proper temperature. both on one operator’s MD–88 airplanes,
NPRM are not necessary to address the The heater assembly circuit design with one report stating a smoke smell
identified unsafe condition. We have limits the absolute temperature that the was ‘‘evident.’’ In response, Boeing
revised paragraph (b) of this AD to element can reach. Thus, the heater issued the service bulletins described
remove the requirement to inspect for assembly cannot reach temperatures previously. Boeing notes that ‘‘in the

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49166 Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations

three years since the release of these accordance with Boeing Service Bulletin substantiate that such a method would
service bulletins and the related ADs, no DC9–30–097, Revision 2, dated May 27, provide an acceptable level of safety.
other static port heater smoke/fire 2005. However, we do not agree that
Clarification of Alternative Method of
events have been reported from the incorporation of the inspections/tests
Compliance (AMOC) Paragraph
entire MD–80/90 fleet.’’ into the applicable FAA-approved
Boeing concludes that the unsafe Maintenance Planning Document(s) is We have revised this action to clarify
condition no longer exists, and that the more appropriate than issuance of this the appropriate procedure for notifying
actions in the supplemental NPRM are AD. We consider issuance of an AD the principal inspector before using any
purely an enhancement. Therefore, necessary because ADs are the means to approved AMOC on any airplane to
Boeing requests that the supplemental mandate accomplishment of procedures which the AMOC applies.
NPRM be withdrawn. and adherence to specific compliance
We do not agree with Boeing’s request Explanation of Change to Costs Impact
times.
to withdraw the supplemental NPRM. We have determined, based on the After the supplemental NPRM was
Although no other static port heater above comments, that we will issue this issued, we reviewed the figures we have
smoke/fire events have been reported AD with the requirement of repetitive used over the past several years to
since all metallized Mylar insulation inspections and the functional tests, as calculate AD costs to operators. To
blankets were replaced with other proposed, in accordance with Boeing account for various inflationary costs in
insulation blankets such as Tedlar, the Service Bulletin DC9–30–097, Revision the airline industry, we find it necessary
potential for arcing from an electrical 2, dated May 27, 2005, to identify and to increase the labor rate used in these
short of the static port heater connector remove marginal static port heaters calculations from $65 per work hour to
wire still exists. before they fail and generate sparks. $80 per work hour. The cost impact
As we previously stated, we requested Based on the technical and economic information, below, reflects this
clarification of this request to withdraw information provided earlier, we do increase in the specified hourly labor
the supplemental NPRM in an ex parte agree with Boeing that inspection of the rate
communication with Boeing. heater and insulator for incorrect
Boeing stated that it addressed the Conclusion
stacking is not necessary. We have
potential for fire by removing material revised paragraph (b) of this AD After careful review of the available
known to ignite easily and propagate accordingly. data, including the comments noted
fire. Boeing concluded that the ignition above, the FAA has determined that air
source in the one event in 1999 was of Request To Exclude AC (Alternating safety and the public interest require the
extremely low energy. The residual risk Current) Hi-Pot (High Potential) Test adoption of the rule with the changes
created by the potential for the low NWA suggests that the AC hi-pot test described previously. The FAA has
energy arcing of the wire identified in specified in Boeing DC–9 Drawing determined that these changes will
the event does not, in itself, create an SR09340158, Change A, dated May 19, neither increase the economic burden
undue risk. However, Boeing 2005, is not necessary. Boeing Drawing on any operator nor increase the scope
acknowledges the FAA’s intent to SR09340158 is referenced as the of the AD.
further reduce risk by requiring the appropriate source of service
information for doing a functional test Cost Impact
actions specified in paragraph (b)(1) of
the supplemental NPRM. Boeing of the left or right primary or alternate There are approximately 1,836
recommends that operators perform a static port assemblies in Boeing Service airplanes of the affected design in the
general visual inspection and the Bulletin DC9–30–097, Revision 2, dated worldwide fleet. The FAA estimates that
functional test (health check) in May 27, 2005 (which is referenced as 1,125 airplanes of U.S. registry are
accordance with Boeing Service the appropriate source of service affected by this AD.
Bulletins MD90–30–026 (for MD–90–30 information for accomplishing the It will take approximately 1 work
airplanes) and MD80–30–097 (for DC–9 proposed actions in the supplemental hour per airplane to accomplish the
airplanes). NRPM). NWA states that the high general visual inspection for wire
Therefore, it is Boeing’s position that voltage required for the AC hi-pot test damage and functional test, at an
incorporating the inspections/tests, can be destructive to the heater element, average labor rate of $80 per work hour.
specified in paragraph (b)(1) of the thermostat, and thermal fuse and is not Based on these figures, the cost impact
supplemental NPRM, into the representative of airplane operating of the inspection for wire damage and
applicable FAA-approved Maintenance conditions. NWA contends that the functional test on U.S. operators is
Planning Document(s) is more insulation resistance, resistance, and estimated to be $90,000, or $80 per
appropriate. current measurements specified in the airplane, per inspection cycle.
In regard to the general visual drawing are adequate in assessing the The cost impact figures discussed
inspection to verify stack-up specified health of the static port heater blanket. above are based on assumptions that no
in paragraph (b)(2) of the supplemental We do not agree. NWA did not operator has yet accomplished any of
NPRM, Boeing stated that stack-up provide data to substantiate any change the requirements of this AD action, and
issues are not applicable to the alternate to the functional tests specified in that no operator would accomplish
static port heater assembly. As stated Boeing Drawing SR09340158. In those actions in the future if this AD
previously, it is Boeing’s assessment addition, Boeing has confirmed that the were not adopted. The cost impact
that improper stack-up of the primary AC hi-pot test is necessary and will not figures discussed in AD rulemaking
static port assembly will not increase be destructive to the heater element, actions represent only the time
the potential for fire as described. thermostat, and thermal fuse. We have necessary to perform the specific actions
Therefore, Boeing disagrees with the not revised this AD in this regard. actually required by the AD. These
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intent of paragraph (b)(2). However, under the provisions of figures typically do not include
We concur with Boeing’s paragraph (e) of this AD, we may incidental costs, such as the time
recommendation that to further reduce consider requests for approval of an required to gain access and close up,
risk, operators should perform a general alternative method of compliance if planning time, or time necessitated by
visual inspection and functional test in sufficient data are submitted to other administrative actions.

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Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations 49167

Authority for This Rulemaking PART 39—AIRWORTHINESS damaged or inoperative static port heater
DIRECTIVES assembly with a new or serviceable static
Title 49 of the United States Code port heater assembly in accordance with the
specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 service bulletin.
rules on aviation safety. Subtitle I, continues to read as follows:
Actions Accomplished In Accordance With
Section 106, describes the authority of Authority: 49 U.S.C. 106(g), 40113, 44701. Previous Issue of Service Bulletin
the FAA Administrator. Subtitle VII,
§ 39.13 [Amended] (d) Inspections, functional tests, and
Aviation Programs, describes in more
corrective actions accomplished before the
detail the scope of the Agency’s ■ 2. Section 39.13 is amended by adding
effective date of this AD in accordance with
authority. the following new airworthiness
Boeing Service Bulletin DC9–30–097, dated
We are issuing this rulemaking under directive: February 15, 2002; and Boeing Service
the authority described in Subtitle VII, 2007–17–18 McDonnell Douglas: Bulletin DC9–30–097, Revision 01, dated
Part A, Subpart III, Section 44701, Amendment 39–15176. Docket 2003– January 24, 2003; are considered acceptable
‘‘General requirements.’’ Under that NM–198–AD. for compliance with the corresponding
section, Congress charges the FAA with Applicability: McDonnell Douglas Model actions specified in this AD.
promoting safe flight of civil aircraft in DC–9–11, DC–9–12, DC–9–13, DC–9–14, DC–
9–15, DC–9–15F, DC–9–21, DC–9–31, DC–9– Alternative Methods of Compliance
air commerce by prescribing regulations 32, DC–9–32 (VC–9C), DC–9–32F, DC–9–33F, (AMOCs)
for practices, methods, and procedures DC–9–34, DC–9–34F, DC–9–32F (C–9A, C– (e)(1) In accordance with 14 CFR 39.19, the
the Administrator finds necessary for 9B), DC–9–41, DC–9–51, DC–9–81 (MD–81), Manager, Los Angeles Aircraft Certification
safety in air commerce. This regulation DC–9–82 (MD–82), DC–9–83 (MD–83), and Office, is authorized to approve alternative
is within the scope of that authority DC–9–87 (MD–87) airplanes, and Model MD– methods of compliance for this AD.
because it addresses an unsafe condition 88 airplanes; certificated in any category; as (2) To request a different method of
that is likely to exist or develop on identified in Boeing Service Bulletin DC9–
compliance or a different compliance time
30–097, Revision 2, dated May 27, 2005.
products identified in this rulemaking for this AD, follow the procedures in 14 CFR
Compliance: Required as indicated, unless
action. accomplished previously. 39.19. Before using any approved AMOC on
To prevent an electrical short of the static any airplane to which the AMOC applies,
Regulatory Impact notify your appropriate principal inspector
port heater from sparking and igniting the
insulation blanket adjacent to the static port (PI) in the FAA Flight Standards District
The regulations adopted herein will
heater, which could result in smoke and/or Office (FSDO), or lacking a PI, your local
not have a substantial direct effect on FSDO.
fire in the cabin area, accomplish the
the States, on the relationship between following:
the national Government and the States, Incorporation by Reference
or on the distribution of power and Service Bulletin References (f) Unless otherwise specified in this AD,
responsibilities among the various (a) The term ‘‘service bulletin,’’ as used in the actions must be done in accordance with
levels of government. Therefore, it is this AD, means the Accomplishment Boeing Service Bulletin DC9–30–097,
determined that this final rule does not Instructions of Boeing Service Bulletin DC9– Revision 2, dated May 27, 2005. This
have federalism implications under 30–097, Revision 2, dated May 27, 2005. incorporation by reference was approved by
Executive Order 13132. Inspection and Functional Test the Director of the Federal Register in
(b) Within 18 months after the effective accordance with 5 U.S.C. 552(a) and 1 CFR
For the reasons discussed above, I
date of this AD, perform a general visual part 51. To get copies of this service
certify that this action (1) is not a information, contact Boeing Commercial
‘‘significant regulatory action’’ under inspection of the left and right primary and
alternate static port heater assemblies for Airplanes, Long Beach Division, 3855
Executive Order 12866; (2) is not a Lakewood Boulevard, Long Beach, California
wire damage; and perform a functional test
‘‘significant rule’’ under DOT of the left and right primary and alternate 90846, Attention: Data and Service
Regulatory Policies and Procedures (44 static port heater assemblies; in accordance Management, Dept. C1–L5A (D800–0024). To
FR 11034, February 26, 1979); and (3) with the service bulletin. Repeat the actions inspect copies of this service information, go
will not have a significant economic thereafter at intervals not to exceed 48 to the FAA, Transport Airplane Directorate,
impact, positive or negative, on a months. 1601 Lind Avenue SW., Renton, Washington;
substantial number of small entities Note 1: For the purposes of this AD, a or to the FAA, Los Angeles Aircraft
under the criteria of the Regulatory general visual inspection is: ‘‘A visual Certification Office, 3960 Paramount
Flexibility Act. A final evaluation has examination of an interior or exterior area, Boulevard, Lakewood, California; or to the
been prepared for this action and it is installation or assembly to detect obvious National Archives and Records
damage, failure or irregularity. This level of Administration (NARA). For information on
contained in the Rules Docket. A copy
inspection is made from within touching the availability of this material at the NARA,
of it may be obtained from the Rules distance unless otherwise specified. A mirror
Docket at the location provided under call (202) 741–6030, or go to http://
may be necessary to ensure visual access to www.archives.gov/federal_register/
the caption ‘‘ADDRESSES.’’ all surfaces in the inspection area. This level code_of_federal_regulations/
of inspection is made under normal available
List of Subjects in 14 CFR Part 39 ibr_locations.html.
lighting conditions such as daylight, hangar
lighting, flashlight or drop-light and may Effective Date
Air transportation, Aircraft, Aviation
require removal or opening of access panels
safety, Incorporation by reference, (g) This amendment becomes effective on
or doors. Stands, ladders or platforms may be
Safety. October 2, 2007.
required to gain proximity to the area being
checked.’’ Issued in Renton, Washington, on August
Adoption of the Amendment
14, 2007.
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Wire Damage or Heater Failures


■ Accordingly, pursuant to the authority Stephen P. Boyd,
(c) If wire damage is found and/or the
delegated to me by the Administrator, Acting Manager, Transport Airplane
heater assembly fails the functional test
the Federal Aviation Administration Directorate, Aircraft Certification Service.
during the general visual inspection and
amends part 39 of the Federal Aviation functional test required by paragraph (b) of [FR Doc. E7–16673 Filed 8–27–07; 8:45 am]
Regulations (14 CFR part 39) as follows: this AD: Before further flight, replace the BILLING CODE 4910–13–P

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