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Federal Register / Vol. 73, No.

43 / Tuesday, March 4, 2008 / Rules and Regulations 11531

approve AMOCs for this AD, if requested in DEPARTMENT OF TRANSPORTATION A010, dated August 26, 2005; and
accordance with the procedures found in 14 EMBRAER Alert Service Bulletin 145–
CFR 39.19. Federal Aviation Administration 55–A036, Revision 01, dated September
(2) To request a different method of 5, 2005.
compliance or a different compliance time 14 CFR Part 39 ADDRESSES: For service information
for this AD, follow the procedures in 14 CFR identified in this AD, contact Empresa
[Docket No. FAA–2007–0338; Directorate
39.19. Before using any approved AMOC on Brasileira de Aeronautica S.A.
Identifier 2007–NM–139–AD; Amendment
any airplane to which the AMOC applies, (EMBRAER), P.O. Box 343—CEP 12.225,
39–15396; AD 2008–05–02]
notify your appropriate principal inspector
Sao Jose dos Campos—SP, Brazil.
(PI) in the FAA Flight Standards District RIN 2120–AA64
Office (FSDO), or lacking a PI, your local Examining the AD Docket
FSDO. Airworthiness Directives; Empresa
You may examine the AD docket on
Brasileira de Aeronautica S.A.
Related Information the Internet at http://
(EMBRAER) Model EMB–135BJ,
www.regulations.gov; or in person at the
(k) Canadian airworthiness directive CF– –135ER, –135KE, –135KL, –135LR,
2006–17R1, dated May 30, 2007, also
Docket Management Facility between 9
–145, –145ER, –145MR, –145LR,
addresses the subject of this AD. a.m. and 5 p.m., Monday through
–145XR, –145MP, and –145EP
Friday, except Federal holidays. The AD
Material Incorporated by Reference
Airplanes
docket contains this AD, the regulatory
(l) You must use Bombardier Service AGENCY: Federal Aviation evaluation, any comments received, and
Bulletin 601R–24–122, Revision A, dated Administration (FAA), Department of other information. The address for the
July 13, 2006; and Bombardier Service Transportation (DOT). Docket Office (telephone 800–647–5527)
Bulletin 601R–24–123, Revision B, dated ACTION: Final rule. is the Document Management Facility,
February 16, 2007, to do the actions required U.S. Department of Transportation,
by this AD, unless the AD specifies SUMMARY: The FAA is superseding an Docket Operations, M–30, West
otherwise. existing airworthiness directive (AD), Building Ground Floor, Room W12–140,
(1) The Director of the Federal Register which applies to all EMBRAER Model 1200 New Jersey Avenue, SE.,
approved the incorporation by reference of EMB–135BJ, –135ER, –135KE, –135KL, Washington, DC 20590.
Bombardier Service Bulletin 601R–24–123, –135LR, –145, –145ER, –145MR, FOR FURTHER INFORMATION CONTACT: Dan
Revision B, dated February 16, 2007, in –145LR, –145XR, –145MP, and –145EP Rodina, Aerospace Engineer,
accordance with 5 U.S.C. 552(a) and 1 CFR airplanes. That AD currently requires International Branch, ANM–116,
part 51. reviewing the airplane maintenance Transport Airplane Directorate, FAA,
(2) On August 9, 2006 (71 FR 45364, records for recent reports of vibration 1601 Lind Avenue, SW., Renton,
August 9, 2006), the Director of the Federal from the tail section or rudder pedals. Washington 98057–3356; telephone
Register approved the incorporation by The existing AD also currently requires (425) 227–2125; fax (425) 227–1149.
reference of Bombardier Service Bulletin repetitively inspecting the skin, SUPPLEMENTARY INFORMATION:
601R–24–122, Revision A, dated July 13, attachment fittings, and control rods of
2006. rudder II to detect cracking, loose parts, Discussion
(3) Contact Bombardier, Inc., Canadair, wear, or damage; and related The FAA issued a notice of proposed
Aerospace Group, P.O. Box 6087, Station investigative/corrective actions if rulemaking (NPRM) to amend 14 CFR
Centre-ville, Montreal, Quebec H3C 3G9, necessary. This new AD requires the part 39 to include an AD that
Canada, for a copy of this service existing repetitive inspection to be done supersedes AD 2005–25–04, amendment
information. You may review copies at the with new service information. This new 39–14397 (70 FR 72902, December 8,
FAA, Transport Airplane Directorate, 1601 AD also requires replacing the locking 2005). The existing AD applies to all
Lind Avenue, SW., Renton, Washington; or at tab washers on the control rods of the
the National Archives and Records
EMBRAER Model EMB–135BJ, –135ER,
rudder II and installing springs on the –135KE, –135KL, –135LR, –145,
Administration (NARA). For information on hinge assemblies of the rudder II, which
the availability of this material at NARA, call
–145ER, –145MR, –145LR, –145XR,
would terminate the repetitive –145MP, and –145EP airplanes. That
202–741–6030, or go to: http://
inspection requirements. This AD NPRM was published in the Federal
www.archives.gov/federal-register/cfr/ibr-
results from reports of rudder vibration Register on December 17, 2007 (72 FR
locations.html.
due to wear. We are issuing this AD to 71281). That NPRM proposed to
Issued in Renton, Washington, on February prevent failure of multiple hinge continue to require reviewing the
25, 2008. fittings, which could result in severe airplane maintenance records for recent
Ali Bahrami, vibration, and to prevent failure of the reports of vibration from the tail section
Manager, Transport Airplane Directorate, rudder control rods, which could result or rudder pedals. The NPRM also
Aircraft Certification Service. in jamming of the rudder II; and proposed to continue to require
[FR Doc. E8–3982 Filed 3–3–08; 8:45 am] possible structural failure and reduced repetitively inspecting the skin,
controllability of the airplane. attachment fittings, and control rods of
BILLING CODE 4910–13–P
DATES: This AD becomes effective April rudder II to detect cracking, loose parts,
8, 2008. wear, or damage; and related
The Director of the Federal Register investigative/corrective actions if
approved the incorporation by reference necessary. In addition to the existing
of certain publications listed in the AD requirements, the NPRM proposed to
as of April 8, 2008. require that the existing repetitive
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On December 23, 2005 (70 FR 72902, inspection be done with new service
December 8, 2005), the Director of the information. The NPRM also proposed
Federal Register approved the to require replacing the locking tab
incorporation by reference of EMBRAER washers on the control rods of the
Alert Service Bulletin 145LEG–55– rudder II and installing springs on the

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11532 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations

hinge assemblies of the rudder II, which have been received on the NPRM or on safety and the public interest require
would terminate the repetitive the determination of the cost to the adopting the AD as proposed.
inspection requirements. public.
Costs of Compliance
Comments Conclusion
The following table provides the
We provided the public the
opportunity to participate in the We have carefully reviewed the estimated costs for U.S. operators to
development of this AD. No comments available data and determined that air comply with this AD.

ESTIMATED COSTS
Number of
Average Cost per U.S.-reg-
Action Work hours labor rate Parts Fleet cost
airplane istered
per hour airplanes

Records review (required by AD 2005–25–04) ............... 1 $80 None $80 463 $37,040
Terminating action (new action) ...................................... 5 80 $644 1,044 463 483,372

Authority for This Rulemaking See the ADDRESSES section for a location to prevent failure of the rudder control rods,
to examine the regulatory evaluation. which could result in jamming of the rudder
Title 49 of the United States Code II; and possible structural failure and reduced
specifies the FAA’s authority to issue List of Subjects in 14 CFR Part 39 controllability of the airplane.
rules on aviation safety. Subtitle I,
Air transportation, Aircraft, Aviation Compliance
Section 106, describes the authority of
safety, Incorporation by reference,
the FAA Administrator. Subtitle VII, (e) You are responsible for having the
Safety.
Aviation Programs, describes in more actions required by this AD performed within
detail the scope of the Agency’s Adoption of the Amendment the compliance times specified, unless the
authority. actions have already been done.
We are issuing this rulemaking under ■ Accordingly, under the authority
delegated to me by the Administrator, REQUIREMENTS OF AD 2005–25–04
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701, the FAA amends 14 CFR part 39 as Records Review
‘‘General requirements.’’ Under that follows: (f) Within 5 days after December 23, 2005
section, Congress charges the FAA with (the effective date of AD 2005–25–04):
PART 39—AIRWORTHINESS Review the airplane maintenance records to
promoting safe flight of civil aircraft in
DIRECTIVES determine whether any vibration from the
air commerce by prescribing regulations
for practices, methods, and procedures ■ 1. The authority citation for part 39 tail section or rudder pedals was reported
within 120 flight hours or 100 flight cycles
the Administrator finds necessary for continues to read as follows: before December 23, 2005.
safety in air commerce. This regulation Authority: 49 U.S.C. 106(g), 40113, 44701.
is within the scope of that authority Inspection
because it addresses an unsafe condition § 39.13 [Amended] (g) At the applicable time specified in
that is likely to exist or develop on ■ 2. The Federal Aviation paragraph (g)(1) or (g)(2) of this AD: Do a
products identified in this rulemaking Administration (FAA) amends § 39.13 detailed inspection of the skin, attachment
action. by removing amendment 39–14397 (70 fittings, and control rods of rudder II to
detect cracks, loose parts, wear, or damage.
Regulatory Findings FR 72902, December 8, 2005) and by Inspect in accordance with the
adding the following new airworthiness Accomplishment Instructions of EMBRAER
We have determined that this AD will directive (AD):
not have federalism implications under Alert Service Bulletin 145LEG–55–A010,
Executive Order 13132. This AD will 2008–05–02 Empresa Brasileira de dated August 26, 2005 (for Model EMB–
Aeronautica S.A. (EMBRAER): 135BJ airplanes); or 145–55–A036, Revision
not have a substantial direct effect on
Amendment 39–15396. Docket No. 01, dated September 5, 2005 (for all other
the States, on the relationship between FAA–2007–0338; Directorate Identifier airplanes); except as provided by paragraph
the national government and the States, 2007–NM–139–AD. (l) of this AD. Do all related investigative/
or on the distribution of power and corrective actions before further flight by
responsibilities among the various Effective Date
doing all applicable actions specified in the
levels of government. (a) This AD becomes effective April 8, service bulletin; except as required by
For the reasons discussed above, I 2008. paragraphs (i) and (l) of this AD. Repeat the
certify that this AD: Affected ADs inspection at intervals not to exceed 2,500
(1) Is not a ‘‘significant regulatory flight hours, except as required by paragraph
(b) This AD supersedes AD 2005–25–04. (h) of this AD.
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under Applicability (1) If any vibration was reported during the
DOT Regulatory Policies and Procedures (c) This AD applies to all EMBRAER Model time period specified in paragraph (f) of this
(44 FR 11034, February 26, 1979); and EMB–135BJ, –135ER, –135KE, –135KL, AD, inspect within 2 days after the records
(3) Will not have a significant –135LR, –145, –145ER, –145MR, –145LR, review.
–145XR, –145MP, and –145EP airplanes; (2) If no vibration was reported during the
economic impact, positive or negative,
certificated in any category. time period specified in paragraph (f) of this
on a substantial number of small entities AD, except as required by paragraph (h) of
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under the criteria of the Regulatory Unsafe Condition this AD, inspect before the later of:
Flexibility Act. (d) This AD results from reports of rudder (i) 2,500 total accumulated flight hours.
We prepared a regulatory evaluation vibration due to wear. We are issuing this AD (ii) 600 flight hours or 500 flight cycles,
of the estimated costs to comply with to prevent failure of multiple hinge fittings, whichever occurs first, after December 23,
this AD and placed it in the AD docket. which could result in severe vibration, and 2005.

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Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations 11533

Note 1: For the purposes of this AD, a applicable related investigative/corrective 01, dated January 23, 2007 (for Model EMB–
detailed inspection is: ‘‘An intensive actions before December 23, 2005, in 135BJ airplanes); or 145–55–0038, Revision
examination of a specific item, installation, accordance with EMBRAER Alert Service 01, dated January 23, 2007 (for all other
or assembly to detect damage, failure, or Bulletin 145–55–A036, dated August 20, airplanes); as applicable. Accomplishment of
irregularity. Available lighting is normally 2005, is acceptable for compliance with the the replacement and installation constitutes
supplemented with a direct source of good corresponding requirements of this AD. terminating action for the requirements of
lighting at an intensity deemed appropriate. this AD.
Inspection aids such as a mirror, magnifying NEW REQUIREMENTS OF THIS AD
lenses, etc., may be necessary. Surface New Revision to Service Bulletins Credit for Prior Accomplishment of Earlier
cleaning and elaborate procedures may be Service Bulletins
required.’’ (l) As of the effective date of this AD, use
only the Accomplishment Instructions of (n) Actions done before the effective date
(h) If any vibration from the tail section or EMBRAER Alert Service Bulletin 145LEG– of this AD in accordance with the
rudder pedals is reported after December 23, 55–A010, Revision 02, dated May 16, 2006 Accomplishment Instructions of EMBRAER
2005, do the inspection specified in (for Model EMB–135BJ airplanes); or 145– Service Bulletin 145LEG–55–0011, dated
paragraph (g) of this AD before the next 55–A036, Revision 03, dated May 16, 2006 May 12, 2006 (for Model EMB–135BJ
flight. Repeat the inspection thereafter at (for all other airplanes); as applicable; to do airplanes); or 145–55–0038, dated May 12,
intervals not to exceed 2,500 flight hours. the actions required by paragraphs (g) and (h) 2006 (for all other airplanes); as applicable;
Note 2: EMBRAER Alert Service Bulletins of this AD, until the actions required by are acceptable for compliance with the
145LEG–55–A010, dated August 26, 2005; paragraph (m) of this AD are done. requirements of paragraph (m) of this AD.
and 145–55–A036, Revision 01, dated Note 3: EMBRAER Alert Service Bulletin
September 5, 2005; refer to EMBRAER 145LEG–55–A010, Revision 02, dated May Alternative Methods of Compliance
Service Bulletins 145LEG–55–0008, Revision 16, 2006 (for Model EMB–135BJ airplanes) (AMOCs)
01, dated January 14, 2005; 145LEG–55– refers to EMBRAER Service Bulletins (o)(1) The Manager, International Branch,
0009, dated June 21, 2004; and 145–55–0034, 145LEG–55–0008, Revision 02, dated May ANM–116, Transport Airplane Directorate,
Revision 01, dated January 14, 2005; as 26, 2006; and 145LEG–55–0009, Revision 01, FAA, has the authority to approve AMOCs
additional sources of service information for dated November 23, 2005; as additional for this AD, if requested in accordance with
installing washers in the rudder II hinge sources of service information for installing the procedures found in 14 CFR 39.19.
fittings and control rod assembly. washers in the rudder II hinge fittings and (2) To request a different method of
Exceptions to Service Bulletin Specifications control rod assembly. compliance or a different compliance time
Note 4: EMBRAER Alert Service Bulletin for this AD, follow the procedures in 14 CFR
(i) Where EMBRAER Alert Service
145–55–A036, Revision 03, dated May 16, 39.19. Before using any approved AMOC on
Bulletins 145LEG–55–A010 and 145–55–
2006 (for EMB–135ER, –135KE, –135KL, any airplane to which the AMOC applies,
A036 specify to contact EMBRAER for repair
instructions, operators must perform the –135LR, –145, –145ER, –145MR, –145LR, notify your appropriate principal inspector
repair before further flight using a method –145XR, –145MP, and –145EP airplanes), (PI) in the FAA Flight Standards District
approved by either the Manager, refers to EMBRAER Service Bulletins 145– Office (FSDO), or lacking a PI, your local
International Branch, ANM–116, Transport 55–0034, Revision 02, dated May 25, 2006; FSDO.
Airplane Directorate, FAA; or the and 145–55–0035, Revision 02, dated March (3) AMOCs approved previously in
Departmento de Aviacao Civil (or its 28, 2006; as additional sources of service accordance with AD 2005–25–04 are
delegated agent). information for installing washers in the approved as AMOCs for the corresponding
(j) Although EMBRAER Alert Service rudder II hinge fittings and control rod provisions of this AD.
Bulletins 145LEG–55–A010 and 145–55– assembly.
Related Information
A036 recommend sending a report of the
Terminating Action (p) Brazilian airworthiness directive 2005–
inspection results to the manufacturer, this
AD does not require a report. (m) Within 5,500 flight hours or 36 months 09–02R2, effective May 10, 2007, also
after the effective date of this AD, whichever addresses the subject of this AD.
Credit for Prior Accomplishment of Earlier occurs first, replace the locking tab washers
Service Bulletin on the control rods of the rudder II and Material Incorporated by Reference
(k) For Model –135ER, –135KE, –135KL, install springs on the hinge assemblies of the (q) You must use the service information
–135LR, –145, –145ER, –145MR, –145LR, rudder II, in accordance with the identified in Table 1 of this AD to perform
–145XR, –145MP, and –145EP airplanes: Accomplishment Instructions of EMBRAER the actions that are required by this AD,
Accomplishment of the inspection and Service Bulletin 145LEG–55–0011, Revision unless the AD specifies otherwise.

TABLE 1.—ALL MATERIAL INCORPORATED BY REFERENCE


EMBRAER Service Bulletin Revision level Date

Alert Service Bulletin 145LEG–55–A010 ................................................................................................. 1 August 26, 2005.


Alert Service Bulletin 145LEG–55–A010 ................................................................................................. 02 May 16, 2006.
Alert Service Bulletin 145–55–A036 ........................................................................................................ 01 September 5, 2005.
Alert Service Bulletin 145–55–A036 ........................................................................................................ 03 May 16, 2006.
Service Bulletin 145LEG–55–0011 .......................................................................................................... 01 January 23, 2007.
Service Bulletin 145–55–0038 ................................................................................................................. 01 January 23, 2007.
1 Original.

(1) The Director of the Federal Register of this AD in accordance with 5 U.S.C. 552(a)
approved the incorporation by reference of and 1 CFR part 51.
the service information identified in Table 2
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TABLE 2.—NEW MATERIAL INCORPORATED BY REFERENCE


EMBRAER Service Bulletin Revision level Date

Alert Service Bulletin 145LEG–55–A010 ................................................................................................. 02 May 16, 2006.

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11534 Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / Rules and Regulations

TABLE 2.—NEW MATERIAL INCORPORATED BY REFERENCE—Continued


EMBRAER Service Bulletin Revision level Date

Alert Service Bulletin 145–55–A036 ........................................................................................................ 03 May 16, 2006.


Service Bulletin 145LEG–55–0011 .......................................................................................................... 01 January 23, 2007.
Service Bulletin 145–55–0038 ................................................................................................................. 01 January 23, 2007.

(2) On December 23, 2005 (70 FR 72902, the rear engine mount bulkhead of the certain Boeing Model 747–100, –100B,
December 8, 2005), the Director of the inboard and outboard nacelle struts, and –100B SUD, –200B, –200C, –200F, –300,
Federal Register approved the incorporation repair if necessary. For certain 747SP, and 747SR series airplanes
by reference of EMBRAER Alert Service
Bulletin 145LEG–55–A010, dated August 26,
airplanes, this AD mandates a powered by General Electric (GE) CF6–
2005; and EMBRAER Alert Service Bulletin terminating modification for certain 45/50 and Pratt & Whitney (P&W) JT9D–
145–55–A036, Revision 01, dated September inspections of the inboard and outboard 70, JT9D–3, or JT9D–7 series engines.
5, 2005. nacelle struts. This AD results from That NPRM was published in the
(3) Contact Empresa Brasileira de reports of web and frame cracks and Federal Register on November 19, 2007
Aeronautica S.A. (EMBRAER), P.O. Box sheared attachment fasteners on the (72 FR 64961). That NPRM proposed to
343—CEP 12.225, Sao Jose dos Campos—SP, inboard and outboard nacelle struts. We require repetitive inspections to find
Brazil, for a copy of this service information.
are issuing this AD to detect and correct cracks and broken fasteners of the rear
You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind cracks and broken fasteners of the engine mount bulkhead of the inboard
Avenue, SW., Renton, Washington; or at the inboard and outboard nacelle struts, and outboard nacelle struts, and repair
National Archives and Records which could result in possible loss of if necessary. For certain airplanes, that
Administration (NARA). For information on the rear engine mount bulkhead load NPRM proposed to mandate a
the availability of this material at NARA, call path and consequent separation of the terminating modification for certain
202–741–6030, or go to: http:// engine from the airplane. inspections of the inboard and outboard
www.archives.gov/federal-register/cfr/ibr- nacelle struts.
DATES: This AD is effective April 8,
locations.html.
2008. Comments
Issued in Renton, Washington, on February The Director of the Federal Register
20, 2008. approved the incorporation by reference We gave the public the opportunity to
Ali Bahrami, of a certain publication listed in this AD participate in developing this AD. We
Manager, Transport Airplane Directorate, as of April 8, 2008. considered the comment received.
Aircraft Certification Service. Boeing supports the NPRM.
ADDRESSES: For service information
[FR Doc. E8–3748 Filed 3–3–08; 8:45 am] identified in this AD, contact Boeing Conclusion
BILLING CODE 4910–13–P Commercial Airplanes, P.O. Box 3707, We reviewed the relevant data,
Seattle, Washington 98124–2207. considered the comment received, and
DEPARTMENT OF TRANSPORTATION Examining the AD Docket determined that air safety and the
public interest require adopting the AD
You may examine the AD docket on
Federal Aviation Administration as proposed.
the Internet at http://
www.regulations.gov; or in person at the Costs of Compliance
14 CFR Part 39
Docket Management Facility between 9 There are about 460 airplanes of the
[Docket No. FAA–2007–0204; Directorate a.m. and 5 p.m., Monday through affected design in the worldwide fleet.
Identifier 2007–NM–083–AD; Amendment Friday, except Federal holidays. The AD
39–15397; AD 2008–05–03] This AD affects about 135 airplanes of
docket contains this AD, the regulatory U.S. registry.
RIN 2120–AA64 evaluation, any comments received, and It takes about 4 work hours per
other information. The address for the airplane to accomplish the required
Airworthiness Directives; Boeing Docket Office (telephone 800–647–5527) detailed inspection, at an average labor
Model 747–100, –100B, –100B SUD, is the Document Management Facility, rate of $80 per work hour. Based on
–200B, –200C, –200F, –300, 747SP, and U.S. Department of Transportation, these figures, the estimated cost of the
747SR Series Airplanes Powered by Docket Operations, M–30, West required inspection is $43,200, or $320
General Electric (GE) CF6–45/50 and Building Ground Floor, Room W12–140, per airplane, per inspection cycle.
Pratt & Whitney (P&W) JT9D–70, JT9D– 1200 New Jersey Avenue, SE., It takes about 32 work hours per
3 or JT9D–7 Series Engines Washington, DC 20590. airplane to accomplish the required
AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: high frequency eddy current inspection,
Administration (FAA), DOT. Tamara Anderson, Aerospace Engineer, at an average labor rate of $80 per work
ACTION: Final rule.
Airframe Branch, ANM–120S, FAA, hour. Based on these figures, the
Seattle Aircraft Certification Office, estimated cost of the required high
SUMMARY: We are adopting a new 1601 Lind Avenue, SW., Renton, frequency eddy current inspection is
airworthiness directive (AD) for certain Washington 98057–3356; telephone $345,600, or $2,560 per airplane, per
Boeing Model 747–100, –100B, –100B (425) 917–6421; fax (425) 917–6590. inspection cycle.
SUD, –200B, –200C, –200F, –300, SUPPLEMENTARY INFORMATION: For Groups 1, 2, and 5 airplanes, it
747SP, and 747SR series airplanes takes between approximately 10 and 95
Discussion
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powered by General Electric (GE) CF6– work hours per strut (four struts per
45/50 and Pratt & Whitney (P&W) JT9D– We issued a notice of proposed airplane) to accomplish the required
70, JT9D–3, or JT9D–7 series engines. rulemaking (NPRM) to amend 14 CFR modification, depending on airplane
This AD requires repetitive inspections part 39 to include an airworthiness configuration, at an average labor rate of
to find cracks and broken fasteners of directive (AD) that would apply to $80 per work hour. Parts cost for the

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