This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

9809 

Vol. 75, No. 42 

Thursday, March 4, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0177; Directorate 

Identifier 2009–NM–222–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–243, –341, –342, and –343 

Airplanes; and Model A340–541 and 

–642 Airplanes; Equipped With RollsRoyce Trent 500 and Trent 700 Series 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

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: It has been evidenced by 

test that the tightening torque settings 

on the Rolls Royce Trent 500 and Trent 

700 forward (FWD) and aft (AFT) engine 

mount link pin retention bolts have 

always been higher than the design 

value. These bolts retain the washers 

that maintain the engine mount vertical 

load pins in position. If bolts, as a 

consequence of the over-torque, fail and 

move away, it would lead to loss of the 

vertical load pins, which could result in 

loss of the primary and/or secondary 

load path of the forward and/or aft 

engine mount which could potentially 

lead to engine separation. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by April 19, 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. 

For service information identified in 

this proposed 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. You 

may review copies of the referenced 

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. 

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 proposed 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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0177; Directorate Identifier 

2009–NM–222–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We have lengthened the 30-day 

comment period for proposed ADs that 

address MCAI originated by aviation 

authorities of other countries to provide 

adequate time for interested parties to 

submit comments. The comment period 

for these proposed ADs is now typically 

45 days, which is consistent with the 

comment period for domestic transport 

ADs. 

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 proposed AD. 

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 2009–0204, 

dated September 30, 2009 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

It has been evidenced by test that the 

tightening torque settings on the Rolls Royce 

Trent 500 and Trent 700 forward (FWD) and 

aft (AFT) engine mount link pin retention 

bolts have always been higher than the 

design value. These bolts retain the washers 

that maintain the engine mount vertical load 

pins in position. 

If bolts, as a consequence of the overtorque, fail and move away, it would lead to 

loss of the vertical load pins, which could 

result in loss of the primary and/or secondary 

load path of the forward and/or aft engine 

mount which could potentially lead to 

engine separation. 

As a short term action, EASA AD 2008– 

0019 was issued to require a one-time visual 

inspection of the impacted FWD and AFT 

engine mount link pin retention bolts in 

order to detect any broken or missing bolts. 

This AD, which supersedes EASA AD 2008– 

0019, mandates a one-time [detailed] visual 

inspection of the FWD and AFT engine 

mount link pin retention bolts, in order to 

ensure that any over-torqued bolt is replaced. 

You may obtain further information by 

examining the MCAI in the AD docket. 


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9810 Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletins A330–71–3022 and A340–71– 

5004, both including Appendices 01, 02, 

and 03, both dated May 5, 2009. 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 Proposed 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 proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

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 proposed 

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 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 1 product of U.S. registry. 

We also estimate that it would take 

about 10 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $10,842 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these costs. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of the 

proposed AD on the U.S. operator to be 

$11,692. 

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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 proposed regulation: 

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 proposed 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

Airbus: Docket No. FAA–2010–0177; 

Directorate Identifier 2009–NM–222–AD. 

Comments Due Date 

(a) We must receive comments by April 19, 

2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Airbus Model 

A330–243, –341, –342, and –343 airplanes; 

and Model A340–541 and –642 airplanes; 

certificated in any category; equipped with 

Rolls-Royce Trent 500 and Trent 700 series 

engines. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 71: Powerplant. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been evidenced by test that the 

tightening torque settings on the Rolls Royce 

Trent 500 and Trent 700 forward (FWD) and 

aft (AFT) engine mount link pin retention 

bolts have always been higher than the 

design value. These bolts retain the washers 

that maintain the engine mount vertical load 

pins in position. 

If bolts, as a consequence of the overtorque, fail and move away, it would lead to 

loss of the vertical load pins, which could 

result in loss of the primary and/or secondary 

load path of the forward and/or aft engine 

mount which could potentially lead to 

engine separation. 

As a short term action, EASA AD 2008– 

0019 was issued to require a one-time visual 

inspection of the impacted FWD and AFT 

engine mount link pin retention bolts in 

order to detect any broken or missing bolts. 

This AD, which supersedes EASA AD 2008– 

0019, mandates a one-time [detailed] visual 

inspection of the FWD and AFT engine 

mount link pin retention bolts, in order to 

ensure that any over-torqued bolt is replaced. 

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) Except as provided by paragraph (h) of 

this AD, at the applicable time specified in 

paragraph (g)(1) or (g)(2) of this AD, perform 

a one-time detailed visual inspection for the 

presence of an ‘‘X’’ marked on the heads of 

the link pin retention bolts of the forward 

and aft engine mount on all Rolls-Royce 

Trent 500 and Trent 700 series engines, in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A330–71–3022 (for Models A330– 

243, –341, –342, and –343 airplanes) or 

A340–71–5004 (for Model A340–541 and 


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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules 9811 

–642 airplanes), both dated May 5, 2009. If 

the bolt head is not marked with an ‘‘X,’’ 

before further flight, replace this bolt with a 

new bolt marked with an ‘‘X’’ on the bolt 

head in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A330–71–3022 

(for Models A330–243, –341, –342, and –343 

airplanes) or A340–71–5004 (for Model 

A340–541 and –642 airplanes), both dated 

May 5, 2009. 

(1) For Model A330–243, –341, –342, and 

–343 airplanes: Within 4,500 flight cycles 

after the effective date of this AD. 

(2) For Model A340–541 and –642 

airplanes: Within 2,500 flight cycles after the 

effective date of this AD. 

(h) The actions specified in paragraph (g) 

of this AD are not required for any engine 

installed on the airplanes listed in paragraph 

(g)(1) of this AD, having serial number 964 

and subsequent; and the airplanes listed in 

paragraph (g)(2) of this AD, having serial 

number 981 and subsequent; if data records 

conclusively prove that this engine has not 

been replaced or re-installed since first flight 

of the airplane. 

(i) After the effective date of this AD, no 

person may install a Rolls Royce Trent 500 

or Trent 700 series engine on any airplane, 

unless it is in compliance with the 

requirements of this AD. 

(j) Although Airbus Mandatory Service 

Bulletins A330–71–3022 and A340–71–5004, 

both dated May 5, 2009, specify to submit 

certain information to the manufacturer, this 

AD does not include that requirement. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

(1) The MCAI lists certain Airbus model 

A330–200 series and –300 series, and A340 

series airplanes. Airbus Mandatory Service 

Bulletins A330–71–3022 and A340–71–5004, 

both dated May 5, 2009, clarify this 

effectivity by adding ‘‘with Rolls-Royce Trent 

500 and Trent 700 series engines.’’ Airplanes 

with engines other than Rolls-Royce Trent 

500 and Trent 700 are not affected by this 

AD. 

(2) Although the MCAI or service 

information specifies submitting information 

to the manufacturer, paragraph (j) of this AD 

specifies that such submittal is not required. 

Other FAA AD Provisions 

(k) 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 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. 

Related Information 

(l) Refer to MCAI EASA Airworthiness 

Directive 2009–0204, dated September 30, 

2009; Airbus Mandatory Service Bulletin 

A330–71–3022, dated May 5, 2009; and 

Airbus Mandatory Service Bulletin A340–71– 

5004, dated May 5, 2009; for related 

information. 

Issued in Renton, Washington, on February 

25, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–4503 Filed 3–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0176; Directorate 

Identifier 2009–NM–201–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

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 ERJ 170 airplane 

full scale fatigue test, cracks were found 

in some structural components of the 

airplane. Analysis of these cracks 

resulted in modifications on the 

airplane Airworthiness Limitation Items 

(ALI), to include new inspections tasks 

or modification of existing ones and its 

respective thresholds and intervals. 

Failure to inspect these components 

according to the new tasks, thresholds 

and intervals could prevent a timely 

detection of fatigue cracks. Undetected 

fatigue cracks in these areas could 

adversely affect the structural integrity 

of these airplanes. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by April 19, 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. 

For service information identified in 

this proposed AD, contact Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), Technical Publications 

Section (PC 060), Av. Brigadeiro Faria 

Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos-SP–BRASIL; 

telephone: +55 12 3927–5852 or +55 12 

3309–0732; fax: +55 12 3927–7546; email: distrib@embraer.com.br; Internet: 

http://www.flyembraer.com. You may 

review copies of the referenced 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. 

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 proposed 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: 

Kenny Kaulia, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2848; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 


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