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Federal Register / Vol. 72, No.

82 / Monday, April 30, 2007 / Rules and Regulations 21083

Seattle, Washington 98124–2207, for a copy test of the speedbrake control system 130S, FAA, Seattle Aircraft Certification
of this service information. You may review after any maintenance actions that Office, 1601 Lind Avenue, SW., Renton,
copies at the FAA, Transport Airplane operate the spoiler system and Washington 98057–3356; telephone
Directorate, 1601 Lind Avenue, SW., Renton, replacement of the flight spoiler (425) 917–6490; fax (425) 917–6590.
Washington; or at the National Archives and
Records Administration (NARA). For
actuator if necessary. This AD also SUPPLEMENTARY INFORMATION: On March
information on the availability of this provides for optional terminating action 14, 2007, we issued emergency AD
material at NARA, call 202–741–6030, or go for those requirements. In addition, this 2007–06–52, which applies to certain
to: http://www.archives.gov/federal-register/ AD requires you to report to the Boeing Model 737–800 series airplanes.
cfr/ibr-locations.html. manufacturer any spoiler panel that is
Background
found in the up position with the
TABLE 1.—MATERIAL INCORPORATED speedbrake handle in the down On March 13, 2007, the FAA issued
BY REFERENCE position. This AD results from a report emergency AD 2007–06–51 for certain
of seven flight spoiler actuator jams on Boeing Model 737–800 series airplanes.
Boeing Model 737–800 Short Field Performance That AD requires inspecting spoilers to
Revision
Service level Date airplanes. We are issuing this AD to determine spoiler position after every
Bulletin landing and after any rejected takeoff
detect and correct any spoiler panel that
is found in the up position with the maneuvers. For airplanes on which any
777–27– 1 .............. April 20, 2006.
0034. speedbrake handle in the down spoiler is found in the up position with
777–57– Original ... February 23, 2006. position, which could result in a spoiler the speedbrake handle in the down
0054. actuator hardover, and could cause the position, that AD requires replacement
777–57A– 1 .............. June 9, 2005. spoiler surface to jam in the fully of the flight spoiler actuator with a flight
0048. extended position. Two or more spoiler actuator having a certain part
hardover failures of the spoiler surfaces number. That AD also requires an
Issued in Renton, Washington, on April 17, in the up direction on the same wing, operational test of the speedbrake
2007. if undetected prior to takeoff, can cause control system after any maintenance
Ali Bahrami, significant roll and consequent loss of actions that operate the spoiler system
control of the airplane. and replacement of the flight spoiler
Manager, Transport Airplane Directorate,
Aircraft Certification Service. actuator if necessary. That AD also
DATES: This AD becomes effective May
provides for optional terminating action
[FR Doc. E7–7853 Filed 4–27–07; 8:45 am] 7, 2007 to all persons except those
for those requirements. In addition, that
BILLING CODE 4910–13–P persons to whom it was made
AD requires you to report to the
immediately effective by emergency AD
manufacturer any spoiler panel that is
2007–06–52, issued March 14, 2007,
found in the up position with the
DEPARTMENT OF TRANSPORTATION which contained the requirements of
speedbrake handle in the down
this amendment.
Federal Aviation Administration position.
The incorporation by reference of a That AD resulted from a report of
certain publication listed in the AD is seven flight spoiler actuator jams on
14 CFR Part 39 approved by the Director of the Federal Model 737–800 Short Field Performance
[Docket No. FAA–2007–27558; Directorate Register as of May 7, 2007. (SFP) airplanes. Two reports involved
Identifier 2007–NM–053–AD; Amendment We must receive comments on this in-service airplanes that were
39–15036; AD 2007–06–52] AD by June 29, 2007. discovered during a routine
ADDRESSES: Use one of the following maintenance walk-around and were
RIN 2120–AA64
addresses to submit comments on this believed to have occurred on the
Airworthiness Directives; Boeing AD. previous landing during auto
Model 737–800 Series Airplanes • DOT Docket Web site: Go to speedbrake extension. Five other reports
http://dms.dot.gov and follow the occurred during spoiler system testing
AGENCY: Federal Aviation instructions for sending your comments at Boeing prior to delivery. An
Administration (FAA), Department of electronically. additional two reports of spoiler
Transportation (DOT). • Government-wide rulemaking Web actuator input lever binding were
ACTION: Final rule; request for site: Go to http://www.regulations.gov identified during bench testing after
comments. and follow the instructions for sending Boeing began to investigate this issue.
your comments electronically. The two in-service failures of flight
SUMMARY: This document publishes in • Mail: Docket Management Facility; spoilers resulted in the spoilers not
the Federal Register an amendment U.S. Department of Transportation, 400 retracting after the speedbrake handle
adopting airworthiness directive (AD) Seventh Street, SW., Nassif Building, was moved to the DOWN position after
2007–06–52 that was sent previously to Room PL–401, Washington, DC 20590. landing, on a Boeing Model 737–800
all known U.S. owners and operators of • Fax: (202) 493–2251. airplane equipped with an SFP package.
Boeing Model 737–800 series airplanes • Hand Delivery: Room PL–401 on In both of these cases, the spoiler was
by individual notices. This AD requires the plaza level of the Nassif Building, discovered in the full-extended position
inspecting spoilers to determine spoiler 400 Seventh Street, SW., Washington, during a routine maintenance walk-
position after every landing and after DC, between 9 a.m. and 5 p.m., Monday around. The spoiler remained in the
any rejected takeoff maneuvers. For through Friday, except Federal holidays. full-extended position after cycling of
airplanes on which any spoiler is found Contact Boeing Commercial the speedbrake handle.
in the up position with the speedbrake Airplanes, P.O. Box 3707, Seattle, Further investigation revealed that the
pwalker on PROD1PC71 with RULES

handle in the down position, this AD Washington 98124–2207, for service spoiler actuator failure is most likely to
requires replacement of the flight information identified in this AD. occur when the speedbrakes are
spoiler actuator with a flight spoiler FOR FURTHER INFORMATION CONTACT: deployed on the ground (automatically
actuator having a certain part number. Kelly McGuckin, Aerospace Engineer, or manually) for either a rejected takeoff
This AD also requires an operational Systems and Equipment Branch, ANM– or normal landing. The takeoff

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21084 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations

configuration warning will not sound if described previously, except as actuator, which will constitute
any flight spoiler remains extended with described in ‘‘Differences Between This terminating action for the visual checks
the speedbrake handle in the DOWN AD and the Service Information.’’ and operational tests required by this
position. The cause of the failure has We found that immediate corrective AD action.
been identified as interference within action was required; therefore, notice
and opportunity for prior public Comments Invited
the actuator main control valve.
This condition, if not corrected, could comment thereon were impracticable This AD is a final rule that involves
result in a spoiler actuator hardover, and contrary to the public interest, and requirements that affect flight safety and
which could cause the spoiler surface to good cause existed to make the AD was not preceded by notice and an
jam in the fully extended position. Two effective immediately by individual opportunity for public comment;
or more hardover failures of the spoiler notices issued on March 14, 2007, to all however, we invite you to submit any
surfaces in the up direction on the same known U.S. owners and operators of relevant written data, views, or
wing, if undetected prior to takeoff, can Boeing Model 737–800 series airplanes. arguments regarding this AD. Send your
cause significant roll and consequent These conditions still exist, and the AD comments to an address listed in the
loss of control of the airplane. is hereby published in the Federal ADDRESSES section. Include ‘‘Docket No.
Register as an amendment to section FAA–2007–27558; Directorate Identifier
Actions Since Issuance of Previous AD 39.13 of the Federal Aviation 2007–NM–053–AD’’ at the beginning of
Since that AD was issued, we have Regulations (14 CFR 39.13) to make it your comments. We specifically invite
become aware of two incorrect part effective to all persons. comments on the overall regulatory,
numbers identified throughout economic, environmental, and energy
emergency AD 2007–06–51. The Differences Between This AD and the
aspects of the AD that might suggest a
identified incorrect part numbers do not Service Information
need to modify it.
exist. The incorrect part numbers were In addition to the inspection specified We will post all comments we
for the replacement flight spoiler in the service information, this AD also receive, without change, to http://
actuator and the flight spoiler actuator requires that, after any maintenance dms.dot.gov, including any personal
that may no longer be installed. action that operates the spoiler system, information you provide. We will also
In light of this, we have determined the ‘‘Speedbrake Control System post a report summarizing each
that emergency AD 2007–06–51 must be Operational Test’’ specified in Chapter substantive verbal contact with FAA
superseded to reflect the correct part 27–62–00 of the Boeing 737–600/700/ personnel concerning this AD. Using the
numbers. 800/900 Aircraft Maintenance Manual search function of that Web site, anyone
(AMM) be accomplished. This AD also can find and read the comments in any
Relevant Service Information
specifies that the Master Minimum of our dockets, including the name of
We have reviewed Boeing 737 Flight Equipment List Item 27–7, ‘‘Auto Speed the individual who sent the comment
Crew Operations Manual Bulletin No. Brake System,’’ is no longer applicable (or signed the comment on behalf of an
TBC–67, dated March 5, 2007. The to Model 737–800 series airplanes association, business, labor union, etc.).
bulletin describes procedures for equipped with an SFP package. This AD You may review the DOT’s complete
inspecting spoilers to determine spoiler also provides an optional terminating Privacy Act Statement in the Federal
position after landing and after any action of installing flight spoiler Register published on April 11, 2000
rejected takeoff maneuvers. For actuator, part number (P/N) (65 FR 19477–78), or you may visit
airplanes on which any spoiler is found P665A0001–01 or higher dash number, http://dms.dot.gov.
in the up position with the speedbrake in all eight flight spoiler positions.
handle in the down position, the Although the service information Examining the Docket
bulletin specifies to contact specifies that operators may contact You may examine the AD docket on
maintenance. maintenance for disposition if any the Internet at http://dms.dot.gov, or in
FAA’s Determination and Requirements spoiler remains in the up position with person at the Docket Management
of This AD the speedbrake handle in the down Facility office between 9 a.m. and 5
position, this AD requires operators to p.m., Monday through Friday, except
Since the unsafe condition described replace the flight spoiler actuator with Federal holidays. The Docket
is likely to exist or develop on other a flight spoiler actuator, having P/N Management Facility office (telephone
airplanes of the same type design, we P665A0001–01 or higher dash number, (800) 647–5227) is located on the plaza
issued emergency AD 2007–06–52 to using a method approved by the FAA. level of the Nassif Building at the DOT
detect and correct any spoiler panel that Operators should note that the service street address stated in the ADDRESSES
is found in the up position with the information specifies doing an section. Comments will be available in
speedbrake handle in the down inspection. However, this AD requires the AD docket shortly after the Docket
position, which could result in a spoiler doing a ‘‘visual check,’’ which may be Management System receives them.
actuator hardover, and could cause the done by qualified ground personnel or
spoiler surface to jam in the fully flightcrew. We have determined that Authority for This Rulemaking
extended position. Two or more these visual checks may be properly Title 49 of the United States Code
hardover failures of the spoiler surfaces performed by flightcrew because the specifies the FAA’s authority to issue
in the up direction on the same wing, checks do not require tools, precision rules on aviation safety. Subtitle I,
if undetected prior to takeoff, can cause measuring equipment, training, or pilot Section 106, describes the authority of
significant roll and consequent loss of logbook endorsements, or the use of or the FAA Administrator. Subtitle VII,
control of the airplane. This new AD reference to technical data that are not Aviation Programs, describes in more
supersedes emergency AD 2007–06–51. contained in the body of the AD. detail the scope of the Agency’s
pwalker on PROD1PC71 with RULES

This new AD requires the actions authority.


specified in emergency AD 2007–06051, Interim Action We are issuing this rulemaking under
but corrects certain part numbers. This We consider this AD interim action. the authority described in Subtitle VII,
AD requires accomplishing the actions We are currently considering requiring Part A, Subpart III, Section 44701,
specified in the service information the replacement of the flight spoiler ‘‘General requirements.’’ Under that

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Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations 21085

section, Congress charges the FAA with Effective Date Spoiler Actuator Removal’’ task and the
promoting safe flight of civil aircraft in (a) This AD becomes effective May 7, 2007, ‘‘Flight Spoiler Actuator Installation’’ task in
air commerce by prescribing regulations to all persons except those persons to whom Chapter 27–61–51 of the Boeing 737–600/
it was made immediately effective by 700/800/900 Aircraft Maintenance Manual
for practices, methods, and procedures (AMM) are approved methods for the
the Administrator finds necessary for emergency AD 2007–06–52, issued on March
replacement (removal and installation) of the
safety in air commerce. This regulation 14, 2007, which contained the requirements
flight spoiler actuator.
is within the scope of that authority of this amendment.
(2) After any rejected takeoff maneuver, do
because it addresses an unsafe condition Affected ADs the visual check specified in paragraph (f)(1)
that is likely to exist or develop on (b) This AD supersedes emergency AD of this AD.
products identified in this rulemaking (3) After any maintenance action that
2007–06–51, issued March 13, 2007.
operates the spoiler system, do an
action.
Applicability operational test of the speedbrake control
Regulatory Findings (c) This AD applies to the Boeing Model system in accordance with a method
737–800 series airplanes, certificated in any approved by the Manager, Seattle ACO, FAA.
We have determined that this AD will category, serial numbers 32685, 34277
The ‘‘Speedbrake Control System Operational
not have federalism implications under Test’’ specified in Chapter 27–62–00 of the
through 34281 inclusive, 34474, 34475,
Executive Order 13132. This AD will Boeing 737–600/700/800/900 AMM is one
34654 through 34656 inclusive, 34690,
approved method for the operational test of
not have a substantial direct effect on 34948, 34949, 35091 through 35093
the speedbrake control system. If any spoiler
the States, on the relationship between inclusive, 35103, 35134, 35176 through panel is found to be fully extended with the
the national government and the States, 35183 inclusive, 35330, 35331, 35558, 35559, speedbrake handle down, or if any spoiler
or on the distribution of power and and 36323 through 36328 inclusive. panel is found fully retracted when the
responsibilities among the various Unsafe Condition speedbrake handle is up, before further flight,
levels of government. replace the flight spoiler actuator in
(d) This AD results from a report of seven accordance with the actions specified in
The FAA has determined that this flight spoiler actuator jams on Model 737– paragraph (f)(1)(ii) of this AD.
regulation is an emergency regulation 800 Short Field Performance (SFP) airplanes.
that must be issued immediately to The cause of the failure has been identified Master Minimum Equipment List Item
correct an unsafe condition in aircraft, as interference within the actuator main (g) As of the effective date of this AD, the
and that it is not a ‘‘significant control valve. We are issuing this AD to Master Minimum Equipment List Item 27–7,
detect and correct any spoiler panel that is ‘‘Auto Speed Brake System,’’ is no longer
regulatory action’’ under Executive found in the up position with the speedbrake applicable to Model 737–800 series airplanes
Order 12866. It has been determined handle in the down position, which could equipped with an SFP package.
further that this action involves an result in a spoiler actuator hardover, and
emergency regulation under DOT could cause the spoiler surface to jam in the Optional Terminating Action
Regulatory Policies and Procedures (44 fully extended position. Two or more (h) Installation of flight spoiler actuator, P/
FR 11034, February 26, 1979). If this hardover failures of the spoiler surfaces in N P665A0001–01 or higher dash number, in
emergency regulation is later deemed the up direction on the same wing, if all eight flight spoiler positions ends the
significant under DOT Regulatory undetected prior to takeoff, can cause requirements of paragraph (f) of this AD.
Policies and Procedures, we will significant roll and consequent loss of control
Reporting
of the airplane.
prepare a final regulatory evaluation (i) If any spoiler is found to be improperly
and place it in the AD Docket. See the Compliance stowed during any visual check required by
ADDRESSES section for a location to (e) You are responsible for having the this AD, at the applicable time specified in
examine the regulatory evaluation, if actions required by this AD performed within paragraphs (i)(1) and (i)(2) of this AD, report
filed. the compliance times specified, unless the the following information electronically to
actions have already been done. Boeing using the established Boeing
List of Subjects in 14 CFR Part 39 Communications System (BCS): Airplane
Visual Check and Corrective Action serial number, jam position, spoiler panel
Air transportation, Aircraft, Aviation (f) Within 24 clock hours after the effective number or wing position of the spoiler that
safety, Incorporation by reference, date of this AD, do the actions specified in jammed, date of visual check, and flight
Safety. paragraphs (f)(1), (f)(2), and (f)(3) of this AD, hours accumulated on the airplane.
as applicable. The visual checks required by (1) For visual checks done before the
Adoption of the Amendment paragraphs (f)(1) and (f)(2) of this AD may be effective date of this AD: Within 7 days after
performed by qualified personnel or the effective date of this AD.
■ Accordingly, under the authority flightcrew, and must be entered into the (2) For visual checks done after the
delegated to me by the Administrator, aircraft records showing compliance with effective date of this AD: Within 7 days after
the FAA amends 14 CFR part 39 as this AD in accordance with 14 CFR 43.9(b) doing the inspection.
follows: and 14 CFR 121.363 and 121.380. Parts Installation
(1) After every landing, visually check the
(j) As of the effective date of this AD, no
PART 39—AIRWORTHINESS spoilers to determine spoiler position, in
person may install a flight spoiler actuator,
DIRECTIVES accordance with Boeing 737 Flight Crew
having P/N P665A0001–00, on any airplane.
Operations Manual Bulletin No. TBC–67,
■ 1. The authority citation for part 39 dated March 5, 2007. Special Flight Permit
continues to read as follows: (i) If all spoilers are determined to be (k) Special flight permits, as described in
properly stowed, no further action is required Section 21.197 and Section 21.199 of the
Authority: 49 U.S.C. 106(g), 40113, 44701. by this paragraph. Federal Aviation Regulations (14 CFR 21.197
(ii) If any spoiler is found to be improperly and 21.199), are not allowed.
§ 39.13 [Amended]
stowed (in the up position with the
speedbrake handle in the down position), Alternative Methods of Compliance
■ 2. The FAA amends § 39.13 by adding (AMOCs)
before further flight, replace the flight spoiler
pwalker on PROD1PC71 with RULES

the following new airworthiness


actuator with a flight spoiler actuator, having (l)(1) The Manager, Seattle Aircraft
directive (AD): part number (P/N) P665A0001–01 or higher Certification Office (ACO), FAA, has the
2007–06–52 Boeing: Amendment 39–15036. dash number, in accordance with a method authority to approve AMOCs for this AD, if
Docket No. FAA–2007–27558; approved by the Manager, Seattle Aircraft requested in accordance with the procedures
Directorate Identifier 2007–NM–053–AD. Certification Office (ACO), FAA. The ‘‘Flight found in 14 CFR 39.19.

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21086 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations

(2) To request a different method of connectors which impeded the complete and discrepancy on the PTT electrical circuit
compliance or a different compliance time free movement of the control stick. connectors and wires that could lead to a
for this AD, follow the procedures in 14 CFR reduction of the control stick movements.
39.19. Before using any approved AMOC on
We are issuing this AD to require
any airplane to which the AMOC applies, actions to correct the unsafe condition Comments
notify your appropriate principal inspector on these products.
(PI) in the FAA Flight Standards District DATES: This AD becomes effective June
We gave the public the opportunity to
Office (FSDO), or lacking a PI, your local 4, 2007. participate in developing this AD. We
FSDO. On June 4, 2007 the Director of the received no comments on the NPRM or
Federal Register approved the on the determination of the cost to the
Material Incorporated by Reference
incorporation by reference of certain public.
(m) You must use Boeing 737 Flight Crew
Operations Manual Bulletin No. TBC–67, publications listed in this AD. Conclusion
dated March 5, 2007, to perform the actions ADDRESSES: You may examine the AD We reviewed the available data and
that are required by this AD, unless the AD docket on the Internet at http:// determined that air safety and the
specifies otherwise. The Director of the dms.dot.gov or in person at the Docket
Federal Register approved the incorporation
public interest require adopting the AD
Management Facility, U.S. Department as proposed.
by reference of this document in accordance of Transportation, 400 Seventh Street,
with 5 U.S.C. 552(a) and 1 CFR part 51. Differences Between This AD and the
Contact Boeing Commercial Airplanes, P.O.
SW., Nassif Building, Room PL–401,
Washington, DC. MCAI or Service Information
Box 3707, Seattle, Washington 98124–2207,
for a copy of this service information. You FOR FURTHER INFORMATION CONTACT: We have reviewed the MCAI and
may review copies at the FAA, Transport Sarjapur Nagarajan, Aerospace Engineer, related service information and, in
Airplane Directorate, 1601 Lind Avenue, FAA, Small Airplane Directorate, 901 general, agree with their substance. But
SW., Renton, Washington; or at the National Locust, Room 301, Kansas City, we might have found it necessary to use
Archives and Records Administration Missouri 64106; telephone: (816) 329– different words from those in the MCAI
(NARA). For information on the availability
4145; fax: (816) 329–4090. to ensure the AD is clear for U.S.
of this material at NARA, call 202–741–6030,
or go to: http://www.archives.gov/federal- SUPPLEMENTARY INFORMATION: operators and is enforceable. In making
register/cfr/ibr-locations.html. these changes, we do not intend to differ
Streamlined Issuance of AD substantively from the information
Issued in Renton, Washington, on April 18,
The FAA is implementing a new provided in the MCAI and related
2007.
process for streamlining the issuance of service information.
Ali Bahrami, We might also have required different
ADs related to MCAI. The streamlined
Manager, Transport Airplane Directorate, actions in this AD from those in the
process will allow us to adopt MCAI
Aircraft Certification Service. MCAI in order to follow FAA policies.
safety requirements in a more efficient
[FR Doc. E7–7850 Filed 4–27–07; 8:45 am] Any such differences are highlighted in
manner and will reduce safety risks to
BILLING CODE 4910–13–P
the public. This process continues to a note within the AD.
follow all FAA AD issuance processes to Costs of Compliance
meet legal, economic, Administrative
DEPARTMENT OF TRANSPORTATION We estimate that this AD will affect
Procedure Act, and Federal Register
requirements. We also continue to meet 31 products of U.S. registry. We also
Federal Aviation Administration estimate that it will take about 1 work-
our technical decisionmaking
responsibilities to identify and correct hour per product to comply with basic
14 CFR Part 39 requirements of this AD. The average
unsafe conditions on U.S.-certificated
[Docket No. FAA–2007–27342 Directorate products. labor rate is $80 per work-hour. Based
Identifier 2007–CE–014–AD; Amendment This AD references the MCAI and on these figures, we estimate the cost of
39–15037; AD 2007–09–05] related service information that we this AD to the U.S. operators to be
RIN 2120–AA64 considered in forming the engineering $2,480 or $80 per product.
basis to correct the unsafe condition. In addition, we estimate that any
Airworthiness Directives; APEX The AD contains text copied from the necessary follow-on actions would take
Aircraft Model CAP 10 B Airplanes MCAI and for this reason might not about 3 work-hours and require parts
follow our plain language principles. costing $90, for a cost of $330 per
AGENCY: Federal Aviation product. We have no way of
Administration (FAA), Department of Discussion determining the number of products
Transportation (DOT). We issued a notice of proposed that may need these actions.
ACTION: Final rule. rulemaking (NPRM) to amend 14 CFR Authority for This Rulemaking
part 39 to include an AD that would
SUMMARY: We are adopting a new Title 49 of the United States Code
apply to the specified products. That
airworthiness directive (AD) for the NPRM was published in the Federal specifies the FAA’s authority to issue
products listed above. This AD results Register on March 9, 2007 (72 FR rules on aviation safety. Subtitle I,
from mandatory continuing 10624). That NPRM proposed to correct section 106, describes the authority of
airworthiness information (MCAI) an unsafe condition for the specified the FAA Administrator. ‘‘Subtitle VII:
issued by an aviation authority of products. The MCAI states: Aviation Programs,’’ describes in more
another country to identify and correct detail the scope of the Agency’s
an unsafe condition on an aviation A CAP10B aircraft experienced a reduced authority.
product. The MCAI describes the unsafe elevator deflection by about 13° due to an We are issuing this rulemaking under
incorrect routing of the Push To Talk (PTT)
pwalker on PROD1PC71 with RULES

condition as: wire bundle and improperly secured


the authority described in ‘‘Subtitle VII,
A CAP10B aircraft experienced a reduced connectors which impeded the complete and Part A, Subpart III, Section 44701:
elevator deflection by about 13° due to an free movement of the control stick. General requirements.’’ Under that
incorrect routing of the Push To Talk (PTT) Actions specified in this AD are intended section, Congress charges the FAA with
wire bundle and improperly secured to inspect, detect and correct any promoting safe flight of civil aircraft in

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