Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Rules and Regulations 71539 DEPARTMENT OF TRANSPORTATION Ground Floor, Room W12–140, 1200 commenter requests that we not issue New Jersey Avenue, SE., Washington, the AD. Federal Aviation Administration DC 20590, or on the Internet at http:// While we agree mechanics should www.regulations.gov. The docket always check the rigging of the control 14 CFR Part 39 number is FAA–2008–0892; Directorate cables for proper operation anytime the [Docket No. FAA–2008–0892; Directorate Identifier 2008–CE–049–AD. cables have been re-connected to the Identifier 2008–CE–049–AD; Amendment FOR FURTHER INFORMATION CONTACT: airplane, there have been instances 39–15742; AD 2008–24–02] Cindy Lorenzen, Aerospace Engineer, where this has not happened and it has led to accidents. To minimize the RIN 2120–AA64 One Crown Center, 1895 Phoenix Blvd., Suite 450, Atlanta, Georgia 30349; possibility of incorrect flight control Airworthiness Directives; Maule telephone: (770) 703–6078; fax: (770) system assembly, this AD requires color Aerospace Technology, Inc. M–4, M–5, 703–6097; e-mail: coding the cables and control horns, M–6, and M–7 Series and Model M–8– [email protected]; or which will provide a visual aid to the 235 Airplanes Gerald Avella, Aerospace Engineer, mechanic during reassembly. One Crown Center, 1895 Phoenix Blvd., We are not changing the AD as a AGENCY: Federal Aviation Suite 450, Atlanta, Georgia 30349; result of this comment. Administration (FAA), DOT. telephone: (770) 703–6066; fax: (770) Comment Issue No. 2: Removal of the ACTION: Final rule. 703–6097; e-mail: Word ‘‘Horn’’ From Paragraph (e)(1)(iii) [email protected]. SUMMARY: The FAA adopts a new Mr. Geoffrey Sharp comments that the airworthiness directive (AD) for certain SUPPLEMENTARY INFORMATION: word ‘‘horn’’ does not make sense in the Maule Aerospace Technology, Inc. M–4, Discussion painting instruction requiring painting M–5, M–6, and M–7 series and Model of ‘‘the bottom of the forward elevator M–8–235 airplanes. This AD requires On August 12, 2008, we issued a control horn.’’ We infer that he is you to paint the top of the rear elevator proposal to amend part 39 of the Federal requesting that we remove the word control horn, the elevator control cable Aviation Regulations (14 CFR part 39) to ‘‘horn’’ from paragraph (e)(1)(iii) of the end attached to the top of the rear include an AD that would apply to AD. control horn, the bottom of the forward certain Maule Aerospace Technology, We do not agree with the comment. elevator control horn, and the elevator Inc. M–4, M–5, M–6, and M–7 series The instructions to paint the elevator control cable end attached to the bottom and Model M–8–235 airplanes. This control horn are correct. The horn is the of the forward control horn. This AD proposal was published in the Federal connecting piece for the control cables. also requires you to insert a supplement Register as a notice of proposed However, upon review we noticed that into your maintenance program rulemaking (NPRM) on August 19, 2008 the word horn was omitted from (maintenance manual). This AD results (73 FR 48314). The NPRM proposed to paragraph (e)(1)(iv) of the proposed AD. from two reports of accidents where require you to paint the top of the rear We are changing paragraph (e)(1)(iv) reversed elevator control rigging was a elevator control horn, the elevator of this AD by adding the word ‘‘horn’’ factor. We are issuing this AD to reduce control cable end attached to the top of to the end of the sentence. We have also the likelihood of a mechanic rigging the the rear control horn, the bottom of the made this change in the Summary and elevator controls backwards, which forward elevator control horn, and the Discussion sections of this AD. could result in elevator movement in elevator control cable end attached to the opposite direction from control the bottom of the forward control horn. Conclusion input. This condition could lead to loss The NPRM also proposed to require you We have carefully reviewed the of control. to insert a supplement into your available data and determined that air DATES: This AD becomes effective on maintenance program (maintenance safety and the public interest require December 30, 2008. manual). adopting the AD as proposed except for On December 30, 2008, the Director of the changes previously discussed and Comments the Federal Register approved the minor editorial corrections. We have incorporation by reference of certain We provided the public the determined that these minor publications listed in this AD. opportunity to participate in developing corrections: ADDRESSES: To get the service this AD. The following presents the • Are consistent with the intent that information identified in this AD, comments received on the proposal and was proposed in the NPRM for contact Maule Aerospace Technology, FAA’s response to each comment: correcting the unsafe condition; and • Inc., 2099 Georgia Highway 133 South, Comment Issue No. 1: The AD Should Do not add any additional burden Moultrie, Georgia 31788; telephone: Not Be Issued upon the public than was already (229) 985–2045; fax: (229) 985–2048; e- proposed in the NPRM. mail: [email protected]; An anonymous commenter suggests Costs of Compliance Internet: http://www.mauleairinc.com/ that the AD is unnecessary because service_bulletins.htm. mechanics should already know to We estimate that this AD affects 1,765 To view the AD docket, go to U.S. always check the rigging of the flight airplanes in the U.S. registry. Department of Transportation, Docket controls anytime the cables have been We estimate the following costs to do Operations, M–30, West Building disconnected and re-connected. The the modification: Total cost per Total cost on Labor cost Parts cost airplane U.S. operators 1 work-hour × $80 per hour = $80 .............................................................................................. $20 $100 $176,500 VerDate Aug<31>2005 14:39 Nov 24, 2008 Jkt 217001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1 erowe on PROD1PC63 with RULES 71540 Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Rules and Regulations Authority for This Rulemaking or on the distribution of power and Adoption of the Amendment responsibilities among the various Title 49 of the United States Code ■ levels of government. Accordingly, under the authority specifies the FAA’s authority to issue delegated to me by the Administrator, rules on aviation safety. Subtitle I, For the reasons discussed above, I the Federal Aviation Administration Section 106 describes the authority of certify that this AD: amends part 39 of the Federal Aviation the FAA Administrator. Subtitle VII, 1. Is not a ‘‘significant regulatory Regulations (14 CFR part 39) as follows: Aviation Programs, describes in more action’’ under Executive Order 12866; PART 39—AIRWORTHINESS detail the scope of the agency’s 2. Is not a ‘‘significant rule’’ under the DIRECTIVES authority. DOT Regulatory Policies and Procedures We are issuing this rulemaking under (44 FR 11034, February 26, 1979); and ■ 1. The authority citation for part 39 the authority described in Subtitle VII, 3. Will not have a significant continues to read as follows: Part A, Subpart III, Section 44701, economic impact, positive or negative, ‘‘General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701. on a substantial number of small entities section, Congress charges the FAA with under the criteria of the Regulatory § 39.13 [Amended] promoting safe flight of civil aircraft in Flexibility Act. ■ 2. FAA amends § 39.13 by adding a air commerce by prescribing regulations new AD to read as follows: for practices, methods, and procedures We prepared a summary of the costs the Administrator finds necessary for to comply with this AD (and other 2008–24–02 Maule Aerospace Technology, safety in air commerce. This regulation information as included in the Inc.: Amendment 39–15742; Docket No. is within the scope of that authority Regulatory Evaluation) and placed it in FAA–2008–0892; Directorate Identifier 2008–CE–049–AD. because it addresses an unsafe condition the AD Docket. You may get a copy of that is likely to exist or develop on this summary by sending a request to us Effective Date products identified in this AD. at the address listed under ADDRESSES. (a) This AD becomes effective on December Include ‘‘Docket No. FAA–2008–0892; 30, 2008. Regulatory Findings Directorate Identifier 2008–CE–049– Affected ADs We have determined that this AD will AD’’ in your request. (b) None. not have federalism implications under List of Subjects in 14 CFR Part 39 Executive Order 13132. This AD will Applicability not have a substantial direct effect on Air transportation, Aircraft, Aviation (c) This AD applies to the following the States, on the relationship between safety, Incorporation by reference, airplane models and serial numbers that are the national government and the States, Safety. certificated in any category: Model Serial Nos. Bee Dee M–4 ..................... All serial numbers. M–4 ..................................... All serial numbers. M–4–180C .......................... All serial numbers. M–4–180V .......................... 47001T through 47014T. M–4–210 ............................. All serial numbers. M–4–210C .......................... All serial numbers. M–4–210S .......................... All serial numbers. M–4–220C .......................... All serial numbers. M–4–220S .......................... All serial numbers. M–4C .................................. All serial numbers. M–4S .................................. All serial numbers. M–4T .................................. All serial numbers. M–5–180C .......................... All serial numbers. M–5–200 ............................. All serial numbers. M–5–210C .......................... All serial numbers. M–5–210TC ........................ All serial numbers. M–5–220C .......................... All serial numbers. M–5–235C .........................