Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 8479 

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: Tom Rodriguez, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1137; 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 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 

(j) Refer to MCAI EASA Airworthiness 

Directive 2009–0276R1, dated February 5, 

2010; and L’Hotellier Service Bulletins 

863521–26–001, Revision 1, dated January 

28, 2010, and Revision 2, dated February 4, 

2010; for related information. 

Material Incorporated by Reference 

(k) You must use L’Hotellier Service 

Bulletin 863521–26–001, Revision 1, dated 

January 28, 2010; or L’Hotellier Service 

Bulletin 863521–26–001, Revision 2, dated 

February 4, 2010; 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 L’Hotellier Repair Station, 4 

rue Henri Poincare ́, 92167 ANTONY Cedex, 

France, Attn: Product Support; telephone +33 

(0)1 55 59 09 65; fax +33 (0)1 46 66 66 71; 

e-mail Sylvie.LaRuffa@hs.utc.com or 

Alain.Dorneau@hs.utc.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 

11, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–3558 Filed 2–24–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0128; Directorate 

Identifier 2009–NM–136–AD; Amendment 

39–16215; AD 2010–05–06] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A340–541 and –642 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

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: 

During the A340–600 full scale fatigue test, 

cracks were found on left and right sides of 

the rear spar vertical cruciform at Frame 47. 

This situation, if not corrected, can affect 

the aircraft structural integrity. 

* * * * * 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

March 12, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of March 12, 2010. 

We must receive comments on this 

AD by April 12, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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 this AD, 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. 

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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2007–0207R1, 

dated November 7, 2007 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

During the A340–600 full scale fatigue test, 

cracks were found on left and right sides of 

the rear spar vertical cruciform at Frame 47. 

This situation, if not corrected, can affect 

the aircraft structural integrity. 

Further to this full scale fatigue test 

completion, it has been determined that the 

current inspections values (thresholds and 

intervals) as specified in the ALI 

[Airworthiness Limitation Items] tasks 

57.18.16 have to be reviewed in order to 

comply with certification requirements. 

Consequently AIRBUS Service Bulletin (SB) 

A340–57–5011 has been issued to supersede 

the ALI tasks 57.18.16. 

This AD mandates a repetitive inspection 

program in order to detect any crack by 

means of two Non-Destructive Test (NDT) 

inspection methods (High Frequency Eddy 

Current and Ultra Sonic). 

This AD has been revised in order to 

exclude from the applicability section, A340– 

642 aircraft on which a terminating action 

modification 56026 or SB A340–57–5010 has 

been embodied and which consists of a large 

cut-out of the vertical cruciform flange in 

order to reduce the stress level in this critical 

area. 

The compliance times for the initial 

and repetitive inspections depend on 

the airplane configuration and weight 


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8480 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 

variant. For the initial inspections, the 

earliest compliance time is 2,600 total 

flight cycles or 17,100 total flight hours, 

whichever occurs first, and the latest 

compliance time is 8,300 total flight 

cycles or 67,100 total flight hours, 

whichever occurs first. For the 

repetitive intervals, the shortest interval 

is 1,200 flight cycles or 8,600 flight 

hours, whichever occurs first, and the 

longest interval is 2,600 flight cycles or 

17,200 flight hours, whichever occurs 

first. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletin A340–57–5011, including 

Appendix 01, dated June 27, 2007; and 

Service Bulletin A340–57–5010, 

Revision 01, dated April 2, 2008. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

There are no products of this type 

currently registered in the United States. 

However, this rule is necessary to 

ensure that the described unsafe 

condition is addressed if any of these 

products are placed on the U.S. Register 

in the future. 

Differences Between the 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 FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 

FAA’s Determination of the Effective 

Date 

Since there are currently no domestic 

operators of this product, notice and 

opportunity for public comment before 

issuing this AD are unnecessary. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2010–0128; 

Directorate Identifier 2009–NM–136– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

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. 

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: 

2010–05–06 Airbus: Amendment 39–16215. 

Docket No. FAA–2010–0128; Directorate 

Identifier 2009–NM–136–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective March 12, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A340– 

541 and –642 airplanes, certificated in any 

category; all serial numbers, except those on 

which Airbus Modification 56026 has been 

accomplished in production, or Airbus 

Service Bulletin A340–57–5010 has been 

accomplished in service. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

During the A340–600 full scale fatigue test, 

cracks were found on left and right sides of 

the rear spar vertical cruciform at Frame 47. 

This situation, if not corrected, can affect 

the aircraft structural integrity. 

Further to this full scale fatigue test 

completion, it has been determined that the 

current inspections values (thresholds and 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations 8481 

intervals) as specified in the ALI 

(Airworthiness Limitation Items) tasks 

57.18.16 have to be reviewed in order to 

comply with certification requirements. 

Consequently AIRBUS Service Bulletin (SB) 

A340–57–5011 has been issued to supersede 

the ALI tasks 57.18.16. 

This AD mandates a repetitive inspection 

program in order to detect any crack by 

means of two Non-Destructive Test (NDT) 

inspection methods (High Frequency Eddy 

Current and Ultra Sonic). 

This AD has been revised in order to 

exclude from the applicability section, A340– 

642 aircraft on which a terminating action 

modification 56026 or SB A340–57–5010 has 

been embodied and which consists of a large 

cut-out of the vertical cruciform flange in 

order to reduce the stress level in this critical 

area. 

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) Do the following actions. 

(1) At the applicable time specified in the 

table titled, ‘‘THRESHOLDS’’ in paragraph 

1.E.(2) of Airbus Mandatory Service Bulletin 

A340–57–5011, dated June 27, 2007, or 

within 3 months after the effective date of 

this AD, whichever occurs later; except that 

where the table expresses times in terms of 

‘‘flight cycles’’ and ‘‘flight hours,’’ those terms 

mean ‘‘total flight cycles’’ and ‘‘total flight 

hours’’ for purposes of this AD: Perform the 

NDT inspections of the cruciform fitting 

radius at Frame 47 on the right-hand and lefthand sides, in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A340–57–5011, 

dated June 27, 2007. 

(2) Submit a report of the findings of the 

inspection required by paragraph (g)(1) of 

this AD using Appendix 01 of Airbus 

Mandatory Service Bulletin A340–57–5011, 

dated June 27, 2007, to Airbus, Customer 

Services Directorate, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex France, Attn: 

SDC32 Technical Data and Documentation 

Services; fax (+33) 5 61 93 28 06; e-mail 

sb.reporting@airbus.com; at the applicable 

time specified in paragraph (g)(2)(i) or 

(g)(2)(ii) of this AD. 

(i) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 30 days after the inspection. 

(ii) If the inspection was accomplished 

prior to the effective date of this AD: Submit 

the report within 30 days after the effective 

date of this AD. 

(3) If no crack is detected during an 

inspection required by paragraph (g)(1) of 

this AD, apply sealant before further flight, 

in accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A340–57–5011, dated June 27, 2007. 

Repeat the inspection required by paragraph 

(g)(1) of this AD thereafter at the applicable 

interval specified in paragraph 1.E.(2) of 

Airbus Mandatory Service Bulletin A340–57– 

5011, dated June 27, 2007. 

(4) If any crack is found during any 

inspection required by paragraph (g)(1) of 

this AD, contact Airbus to get repair 

instructions and repair before further flight. 

(5) Modifying the rear spar vertical 

cruciform at frame 47 in accordance with 

Airbus Service Bulletin A340–57–5010, 

Revision 01, dated April 2, 2008, terminates 

the inspection requirements of paragraphs 

(g)(1) and (g)(3) of this AD. 

(6) After accomplishing the initial 

inspections required by paragraph (g)(1) of 

this AD or after the modification specified in 

paragraph (g)(5) of this AD is done, the 

limitation Tasks 57.18.16 (10 different tasks) 

of Airbus A340–500/600 Airworthiness 

Limitation Items need not be done. 

(7) Modifying the rear spar vertical 

cruciform at frame 47 is also acceptable for 

compliance with the requirements of 

paragraph (g)(5) of this AD if done before the 

effective date of this AD in accordance with 

Airbus Service Bulletin A340–57–5010, 

dated September 28, 2007. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, 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 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 

(i) Refer to MCAI European Aviation Safety 

Agency (EASA) Airworthiness Directive 

2007–0207R1, dated November 7, 2007; 

Airbus Service Bulletin A340–57–5010, 

Revision 01, dated April 2, 2008; and Airbus 

Mandatory Service Bulletin A340–57–5011, 

dated June 27, 2007; for related information. 

Material Incorporated by Reference 

(j) You must use Airbus Mandatory Service 

Bulletin A340–57–5011, including Appendix 

01, dated June 27, 2007, as applicable, to do 

the actions required by this AD, unless the 

AD specifies otherwise. If you accomplish 

the optional actions specified by this AD, you 

must use Airbus Service Bulletin A340–57– 

5010, Revision 01, dated April 2, 2008, to 

perform those actions, 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; 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 that is incorporated by reference 

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 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 

16, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–3485 Filed 2–24–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0876; Airspace 

Docket No. 09–ASW–24] 

Amendment of Class E Airspace; 

Stamford, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace for Stamford, TX, adding 

additional controlled airspace to 

accommodate Area Navigation (RNAV) 

Standard Instrument Approach 

Procedures (SIAPs) at Arledge Field 

Airport, Stamford, TX. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rule (IFR) operations at the airport. 


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