75870 Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Rules and Regulations 

Actions Compliance Procedures 

(1) For all S/N: Incorporate Diamond Aircraft 

Temporary Revision TR–MA ̈ M 40–428, page 

3–37b, dated April 30, 2010, into the FAA-approved airplane flight manual.

Within 6 months after January 11, 2011 (the 

effective date of this AD).

Follow Diamond Aircraft Temporary Revision 

TR–MA ̈ M 40–428, Cover Page, dated April 

30, 2010. 

(2) For Model DA 40, S/N 40.006 through 

40.009, 40.011 through 40.081, 40.084, and 

40.201 through 40.749; and Model DA 40F 

S/N 40.FC001 through 40.FC009: Replace 

the rear passenger door retaining bracket 

with an improved design retaining bracket.

Within 6 months after January 11, 2011 (the 

effective date of this AD).

Follow Diamond Aircraft Industries GmbH 

Mandatory Service Bulletin NO. MSB 40– 

070/NO. MSB D4–079/NO. MSB F4–024, 

dated April 30, 2010; and Diamond Aircraft 

Industries GmbH Work Instruction WI–MSB 

40–070/WI–MSB D4–079/WI–MSB F4–024, 

dated April 30, 2010. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Standards Office, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the manager of the ACO, send it 

to the attention of the person identified in the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District. 

Related Information 

(h) For more information about this AD, 

contact Mike Kiesov, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4144; fax: (816) 329– 

4090; e-mail: mike.kiesov@faa.gov. 

Material Incorporated by Reference 

(i) You must use the service information 

contained in table 1 of this AD to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

TABLE 1—ALL MATERIAL INCORPORATED BY REFERENCE

Document Revision Date 

Diamond Aircraft Temporary Revision TR–MA ̈ M 

40–428, Cover Page and 

page 3–37b.

Not Applicable ................................................................................................................................ April 30, 2010. 

Diamond Aircraft Industries 

GmbH Mandatory Service 

Bulletin NO. MSB 40– 

070/NO. MSB D4–079/ 

NO. MSB F4–024.

Not Applicable ................................................................................................................................ April 30, 2010. 

Diamond Aircraft Industries 

GmbH Work Instruction 

WI–MSB 40–070/WI– 

MSB D4–079/WI–MSB 

F4–024.

0 ..................................................................................................................................................... April 30, 2010. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information contained in table 1 

of this AD under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) For service information identified in 

this AD, contact Diamond Aircraft Industries 

GmbH, N.A. Otto-Stra+e 5, A–2700 Wiener 

Neustadt, Austria, telephone: +43 2622 

26700; fax: +43 2622 26780; e-mail: 

office@diamond-air.at; Internet: http:// 

www.diamond-air.at. 

(3) You may review copies of the service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, call 

816–329–4148. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on 

November 23, 2010. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–30199 Filed 12–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0850; Directorate 

Identifier 2010–NM–076–AD; Amendment 

39–16536; AD 2010–25–03] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A300 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

In accordance with design regulation, the 

THSA [trimmable horizontal stabilizer 

actuator] has a failsafe design. Its upper 

attachment to the aeroplane has two load 

paths, a Primary Load Path (PLP) and a 

Secondary Load Path (SLP), which is only 

engaged in case of PLP failure. Following the 

design intent, engagement of the SLP leads to 

jam the THSA, indicating the failure of the 

PLP. 

Tests carried out under the loads-measured 

during representative flights have 

demonstrated that, when the SLP is engaged, 

it does not systematically jam the THSA. In 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Rules and Regulations 75871 

addition, laboratory tests have confirmed that 

the SLP will only withstand the loads for a 

limited period of time. 

This condition of PLP failure during an 

extended period of time, if not detected and 

corrected, would lead to the rupture of the 

THSA upper attachment and consequent 

THSA loss of command, resulting in reduced 

control of the aeroplane. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

January 11, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of January 11, 2011. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2125; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on August 27, 2010 (75 FR 

52652). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

In accordance with design regulation, the 

THSA [trimmable horizontal stabilizer 

actuator] has a failsafe design. Its upper 

attachment to the aeroplane has two load 

paths, a Primary Load Path (PLP) and a 

Secondary Load Path (SLP), which is only 

engaged in case of PLP failure. Following the 

design intent, engagement of the SLP leads to 

jam the THSA, indicating the failure of the 

PLP. 

Tests carried out under the loads-measured 

during representative flights have 

demonstrated that, when the SLP is engaged, 

it does not systematically jam the THSA. In 

addition, laboratory tests have confirmed that 

the SLP will only withstand the loads for a 

limited period of time. 

This condition of PLP failure during an 

extended period of time, if not detected and 

corrected, would lead to the rupture of the 

THSA upper attachment and consequent 

THSA loss of command, resulting in reduced 

control of the aeroplane. 

For the reasons stated above, this [EASA] 

AD requires repetitive [detailed] inspections 

to detect if damage exists to the THSA upper 

attachment and if the SLP has been engaged 

and corrective actions, depending on 

findings. 

The corrective actions include 

contacting Airbus for instructions and 

doing those instructions. You may 

obtain further information by examining 

the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a note within the AD. 

Costs of Compliance 

We estimate that this AD will affect 5 

products of U.S. registry. We also 

estimate that it will take about 2 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate the 

cost of this AD to the U.S. operators to 

be $850, or $170 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains the NPRM, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 


srobinson on DSKHWCL6B1PROD with RULES
75872 Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Rules and Regulations 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2010–25–03 Airbus: Amendment 39–16536. 

Docket No. FAA–2010–0850; Directorate 

Identifier 2010–NM–076–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective January 11, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A300 

B2–1A, B2–1C, B4–2C, B2K–3C, B4–103, B2– 

203, and B4–203 airplanes, certificated in 

any category, all serial numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

In accordance with design regulation, the 

THSA [trimmable horizontal stabilizer 

actuator] has a failsafe design. Its upper 

attachment to the aeroplane has two load 

paths, a Primary Load Path (PLP) and a 

Secondary Load Path (SLP), which is only 

engaged in case of PLP failure. Following the 

design intent, engagement of the SLP leads to 

jam the THSA, indicating the failure of the 

PLP. 

Tests carried out under the loads-measured 

during representative flights have 

demonstrated that, when the SLP is engaged, 

it does not systematically jam the THSA. In 

addition, laboratory tests have confirmed that 

the SLP will only withstand the loads for a 

limited period of time. 

This condition of PLP failure during an 

extended period of time, if not detected and 

corrected, would lead to the rupture of the 

THSA upper attachment and consequent 

THSA loss of command, resulting in reduced 

control of the aeroplane. 

* * * * * 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Actions 

(g) Within 2,500 flight hours after the 

effective date of this AD, do a detailed visual 

inspection for metallic particles, cracks, 

scratches, and missing materials of the THSA 

upper attachment and screw shaft, in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A300–27–0203, dated June 8, 2009. 

Repeat the inspection thereafter at intervals 

not to exceed 2,500 flight hours. 

(h) If during any inspection required by 

paragraph (g) of this AD, any metallic 

particle, crack, scratch, or missing material is 

found, before further flight, contact Airbus to 

obtain approved corrective action 

instructions, and accomplish those 

instructions accordingly. 

(i) Doing the corrective actions specified in 

paragraph (h) of this AD is not a terminating 

action for the repetitive inspections required 

by paragraph (g) of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(j) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Dan Rodina, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2125; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

The AMOC approval letter must specifically 

reference this AD. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(k) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2010– 

0019, dated February 5, 2010; and Airbus 

Mandatory Service Bulletin A300–27–0203, 

dated June 8, 2009; for related information. 

Material Incorporated by Reference 

(l) You must use Airbus Mandatory Service 

Bulletin A300–27–0203, excluding Appendix 

01, dated June 8, 2009, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Airbus SAS–EAW 

(Airworthiness Office), 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; e-mail: account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on October 

22, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–30309 Filed 12–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0934; Directorate 

Identifier 2008–NM–113–AD; Amendment 

39–16537; AD 2010–25–04] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model DC–9–30, 

DC–9–40, and DC–9–50 Series 

Airplanes, Model DC–9–81 (MD–81), 

DC–9–82 (MD–82), DC–9–83 (MD–83), 

and DC–9–87 (MD–87) Airplanes, and 

Model MD–88 and MD–90–30 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

McDonnell Douglas Corporation 

airplanes listed above. This AD requires 

modifying the fuel boost pumps for the 

center wing, and forward or aft auxiliary 

fuel tanks. This AD results from fuel 

system reviews conducted by the 

manufacturer. We are issuing this AD to 

prevent possible sources of ignition in a 

fuel tank caused by an electrical fault in 

the fuel boost pumps. An ignition 

source in the fuel tank could result in 

a fire or an explosion and consequent 

loss of the airplane. 

DATES: This AD is effective January 11, 

2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of January 11, 2011. 

ADDRESSES: For Boeing service 

information identified in this AD, 


srobinson on DSKHWCL6B1PROD with RULES