7940 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 

actions are considered FAA-approved 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 

(h) Refer to MCAI Canadian Airworthiness 

Directive CF–2009–30, dated July 6, 2009; 

and Bombardier Service Bulletin 670BA–25– 

071, dated May 15, 2009; for related 

information. 

Material Incorporated by Reference 

(i) You must use Bombardier Service 

Bulletin 670BA–25–071, dated May 15, 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 Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone: 514–855–5000; fax: 514– 

855–7401; e-mail: 

thd.crj@aero.bombardier.com; Internet: 

http://www.bombardier.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 or 425–227–1152. 

(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 February 

4, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–3096 Filed 2–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1107; Directorate 

Identifier 2009–NM–138–AD; Amendment 

39–16202; AD 2010–04–09] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200 Series Airplanes and Model 

A340–200 and –300 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: 

* * * * * 

[European Aviation Safety Agency (EASA)] 

AD 2006–0191 [which corresponds to FAA 

AD 2006–21–08] required the installation of 

new heat shield panels with drainage over 

the air conditioning packs in order to avoid 

an undetected fire in this zone following a 

fuel leak from the centre tank. 

These new heat shield panels have holes. 

In case of fuel leaking through these holes 

from the centre tank, any fuel vapour may 

develop into a potential source of ignition, 

possibly resulting in a fuel tank explosion 

and consequent loss of the aeroplane.*** 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

March 30, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of March 30, 2010. 

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: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1138; 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 December 1, 2009 (74 FR 

62713). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

* * * * * 

* * * EASA AD 2006–0191 [which 

corresponds to FAA AD 2006–21–08] 

required the installation of new heat shield 

panels with drainage over the air 

conditioning packs in order to avoid an 

undetected fire in this zone following a fuel 

leak from the centre tank. 

These new heat shield panels have holes. 

In case of fuel leaking through these holes 

from the centre tank, any fuel vapour may 

develop into a potential source of ignition, 

possibly resulting in a fuel tank explosion 

and consequent loss of the aeroplane. Airbus 

has developed a repair solution for these 

holes to prevent a fuel vapour ignition source 

in this area and improve the protection of the 

hot air equipment. 

[T]his AD requires the installation of plugs 

on the heat shield panels of the Left Hand 

(LH) and Right Hand (RH) Air Conditioning 

packs. 

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. 

Explanation of Change to Costs of 

Compliance 

Since issuance of the NPRM, we have 

increased the labor rate used in the 

Costs of Compliance from $80 per workhour to $85 per work-hour. The Costs of 

Compliance information, below, reflects 

this increase in the specified hourly 

labor rate. 

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 

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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 7941 

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 

Based on the service information, we 

estimate that this AD will affect about 

12 products of U.S. registry. We also 

estimate that it will take about 3 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 the proposed AD on U.S. 

operators to be $3,060, or $255 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2010–04–09 Airbus: Amendment 39–16202. 

Docket No. FAA–2009–1107; Directorate 

Identifier 2009–NM–138–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective March 30, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

identified in paragraphs (c)(1) and (c)(2) of 

this AD, certificated in any category; on 

which Airbus Modification 49520 has been 

embodied in production, or on which Airbus 

Service Bulletin A330–21–3096, Revision 01, 

or Airbus Service Bulletin A340–21–4107, 

Revision 01, has been embodied in service; 

except those airplanes on which Airbus 

Modification 58551 has been embodied in 

production. 

(1) Airbus Model A330–201, –202, –203, 

–223, and – 

(2) Airbus Model A340–211, –212, and 

–213 airplanes; and Model A340–311, –312, 

and –313 airplanes; all manufacturer serial 

numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 21: Air conditioning. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

* * * * * 

* * * EASA [European Aviation Safety 

Agency] AD 2006–0191 [which corresponds 

to FAA AD 2006–21–08] required the 

installation of new heat shield panels with 

drainage over the air conditioning packs in 

order to avoid an undetected fire in this zone 

following a fuel leak from the centre tank. 

These new heat shield panels have holes. 

In case of fuel leaking through these holes 

from the centre tank, any fuel vapour may 

develop into a potential source of ignition, 

possibly resulting in a fuel tank explosion 

and consequent loss of the aeroplane. Airbus 

has developed a repair solution for these 

holes to prevent a fuel vapour ignition source 

in this area and improve the protection of the 

hot air equipment. 

[T]his AD requires the installation of plugs 

on the heat shield panels of the Left Hand 

(LH) and Right Hand (RH) Air Conditioning 

packs. 

Actions and Compliance 

(f) Unless already done, within 24 months 

after the effective date of this AD: Plug the 

six receptacle holes on the heat shield of the 

left-hand air conditioning pack and plug the 

four receptacle holes on the heat shield of the 

right-hand air conditioning pack, in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A330–21–3148, dated January 30, 

2009 (for Model A330–201, –202, –203, –223, 

and –243 airplanes); or Airbus Mandatory 

Service Bulletin A340–21–4147, dated 

January 30, 2009 (for Model A340–211, –212, 

and –213 airplanes; and Model A340–311, 

–312, and –313 airplanes); as applicable. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) 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: Vladimir 

Ulyanov, Aerospace Engineer, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; telephone 

(425) 227–1138; 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 

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7942 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 

actions are considered FAA-approved 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 

(h) Refer to MCAI EASA Airworthiness 

Directive 2009–0150, dated July 9, 2009; 

Airbus Mandatory Service Bulletin A330–21– 

3148, dated January 30, 2009; and Airbus 

Mandatory Service Bulletin A340–21–4147, 

dated January 30, 2009; for related 

information. 

Material Incorporated by Reference 

(i) You must use Airbus Mandatory Service 

Bulletin A330–21–3148, including Appendix 

1, dated January 30, 2009; or Airbus 

Mandatory Service Bulletin A340–21–4147, 

including Appendix 1, dated January 30, 

2009; as applicable; 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—Airworthiness 

Office—EAL, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 45 80, e-mail 

airworthiness.A330–A340@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 or 425–227–1152. 

(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 February 

5, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–3119 Filed 2–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0615; Directorate 

Identifier 2009–NM–043–AD; Amendment 

39–16206; AD 2010–04–13] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A310–203, –221, –222 Airplanes; and 

Model A300 F4–605R and –622R 

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: 

An A300–600 operator reported two events 

of IPECO pilot seat moved in the aft position, 

one during take-off roll and one during climb 

out. The investigation of these events showed 

that a broken/missing spring contributed to 

the seat not being correctly locked. 

An unwanted movement of pilot or copilot seat in the aft direction is considered as 

potentially dangerous, especially during the 

take-off phase when the speed of the 

aeroplane is greater than 100 knots and until 

landing gear retraction. 

* * * * * 

The unsafe condition is potential loss of 

control of the airplane during take-off 

and landing. We are issuing this AD to 

require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective 

March 30, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of March 30, 2010. 

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 July 16, 2009 (74 FR 34509). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

An A300–600 operator reported two events 

of IPECO pilot seat moved in the aft position, 

one during take-off roll and one during climb 

out. The investigation of these events showed 

that a broken/missing spring contributed to 

the seat not being correctly locked. 

An unwanted movement of pilot or copilot seat in the aft direction is considered as 

potentially dangerous, especially during the 

take-off phase when the speed of the 

aeroplane is greater than 100 knots and until 

landing gear retraction. 

To prevent further incidents of inadvertent 

flight crew seat aft movement, this AD 

requires repetitive inspections of the affected 

seat springs and replacement of missing or 

broken parts. In addition, this AD requires 

replacement of the affected seats with 

modified P/N 3A218–000X–01–2 seats. 

Installation of both pilot and co-pilot seats P/ 

N 3A218–000X–01–2 on an aeroplane 

constitutes terminating action for the 

repetitive inspection requirements of this AD 

for that aeroplane. 

The unsafe condition is potential loss of 

control of the airplane during take-off 

and landing. 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 

considered the comments received. 

Support for the AD 

The Air Line Pilots Association, 

International (ALPA), supports the 

NPRM. 

Request for Extension of Proposed 

Compliance Time for Modification 

FedEx and UPS request that we 

extend the compliance time for the 

modification specified in paragraph 

(f)(4) of the NPRM from 6 months to 30 

months. The commenters explain that 6 

months does not provide enough time 

for large operators with many aircraft to 

receive the parts kits. UPS explains 

further that their proposed compliance 

time will enable adequate industry 

support of the modification and at the 

same time enable operators to utilize 

regularly scheduled maintenance 

opportunities. 

We disagree with extending the 

proposed compliance time for the 

modification. While we recognize that 

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