This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

3125 

Vol. 75, No. 12 

Wednesday, January 20, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0309; Directorate 

Identifier 2008–NM–173–AD; Amendment 

39–16152; AD 2009–26–13] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200, A330–300, A340–200,and 

A340–300 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: 

Several cases have been reported of inflight loss of the drive strut fitting from the 

movable fairing of flap track No. 3. 

Consequently, the flap track No. 3 fairing was 

detached from its aft end, and found hanging. 

Investigations have shown that the 

detachment of the aft lower drive strut fitting 

from the fairing occurred due to the four 

bonded inserts being pulled out. 

This condition, if not corrected, could lead 

to in-flight loss of the affected aircraft parts, 

potentially resulting in injuries to persons on 

the ground. 

* * * * * 

In addition, the potential unsafe 

condition includes the part potentially 

impacting the airplane. We are issuing 

this AD to require actions to correct the 

unsafe condition on these products. 

DATES: This AD becomes effective 

February 24, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of February 24, 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) 227–1320. 

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 April 6, 2009 (74 FR 15401). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Several cases have been reported of inflight loss of the drive strut fitting from the 

movable fairing of flap track No. 3. 

Consequently, the flap track No. 3 fairing was 

detached from its aft end, and found hanging. 

Investigations have shown that the 

detachment of the aft lower drive strut fitting 

from the fairing occurred due to the four 

bonded inserts being pulled out. 

This condition, if not corrected, could lead 

to in-flight loss of the affected aircraft parts, 

potentially resulting in injuries to persons on 

the ground. 

For the reason described above, this AD 

requires the modification of the movable flap 

track fairing No. 3, both Left Hand (LH) and 

Right Hand (RH) side, and prohibits reinstallation of unmodified units. 

In addition, the potential unsafe 

condition includes the part potentially 

impacting the airplane. 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 comment received. 

Request To Change Compliance Time 

The Air Transportation Association, 

on behalf of its member Northwest 

Airlines (NWA), requests that we 

change the compliance time of the 

NPRM. NWA states that paragraph (f)(4) 

of the NPRM would prohibit installation 

of unmodified units after the effective 

date of the AD and that this restriction 

would have unintended consequences 

in a line maintenance environment 

when a fairing is removed for access 

during unscheduled maintenance 

because operators could not reinstall the 

fairing without doing the actions 

required by the AD. The commenter 

requests that we revise the NPRM to 

allow installation of unmodified units 

until the 60-month compliance time 

specified in paragraph (f)(1) of the 

NPRM has passed. 

We partially agree. We did not intend 

to prohibit operators from reinstalling a 

fairing removed for maintenance. But 

allowing operators up to 60 months to 

intermix airworthy and potentially 

inadequate fairings would conflict with 

provisions of the Federal Aviation 

Regulations and would not ensure an 

adequate level of safety for the fleet. To 

clarify the requirement, we have revised 

paragraph (f)(4) in this final rule to 

prohibit ‘‘replacing’’—instead of 

‘‘installing’’—the subject part. 

We have also added a note to the FAA 

Differences paragraph to specify that 

parts cannot be put on as of the effective 

date of this AD. 

Clarification of Unsafe Condition 

In addition to the unsafe condition 

specified in the NPRM, the potential 

unsafe condition includes the part 

potentially impacting the airplane. We 

have revised the Summary section, 

Discussion section, and paragraph (e) of 

this AD accordingly. 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

We determined that this change will not 

increase the economic burden on any 

operator or increase the scope of the AD. 

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. 


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3126 Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Rules and Regulations 

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 

35 products of U.S. registry. We also 

estimate that it will take about 19 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Required parts will cost about $647 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 parts. 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 this AD 

to the U.S. operators to be $75,845, or 

$2,167 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: 

2009–26–13 Airbus: Amendment 39–16152. 

Docket No. FAA–2009–0309; Directorate 

Identifier 2008–NM–173–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective February 24, 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. 

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

–223, –243, –301, –302, –303, –321, –322, 

–323, –341, –342, and –343 airplanes, all 

manufacturer serial numbers (MSNs), except 

those on which Airbus Modification 55674 

has been embodied in production. 

(2) Airbus Model A340–211, –212, –213, 

–311, –312, and –313 airplanes, all MSNs, 

except those on which Airbus Modification 

55674 has been embodied in production. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Several cases have been reported of inflight loss of the drive strut fitting from the 

movable fairing of flap track No. 3. 

Consequently, the flap track No. 3 fairing was 

detached from its aft end, and found hanging. 

Investigations have shown that the 

detachment of the aft lower drive strut fitting 

from the fairing occurred due to the four 

bonded inserts being pulled out. 

This condition, if not corrected, could lead 

to in-flight loss of the affected aircraft parts, 

potentially resulting in injuries to persons on 

the ground. 

For the reason described above, this AD 

requires the modification of the movable flap 

track fairing No. 3, both Left Hand (LH) and 

Right Hand (RH) side, and prohibits reinstallation of unmodified units. 

In addition, the potential unsafe condition 

includes the part potentially impacting the 

airplane. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 60 months after the effective 

date of this AD, modify the left- and righthand movable flap track fairing No. 3, in 

accordance with Airbus Mandatory Service 

Bulletin A330–57–3095, Revision 02; or 

A340–57–4103, Revision 01; both dated April 

3, 2008; as applicable. 

(2) Modifying the left- and right-hand 

movable flap track fairing No. 3 is also 

acceptable for compliance with the 

requirements of paragraph (f)(1) of this AD if 

done before the effective date of this AD, in 

accordance with Airbus Service Bulletin 

A330–57–3095, Revision 01; or A340–57– 

4103; both dated August 28, 2007; as 

applicable. 

(3) Installing a repaired left- and right-hand 

movable flap track fairing No. 3 using 

replacement of a damaged insert by throughbolts at the drive strut attachment fitting is 

acceptable for compliance with the 

requirements of paragraph (f)(1) of this AD if 

done before the effective date of this AD in 

accordance with the repair instructions 

specified in Chapter 57–56–11, page block 

201, in one of the Airbus structural repair 

manuals listed in Table 1 of this AD, as 

applicable. 


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Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Rules and Regulations 3127 

TABLE 1—STRUCTURAL REPAIR MANUALS ACCEPTABLE BEFORE THE EFFECTIVE DATE OF THIS AD 

Document Revision Date 

Airbus A330 Structural Repair Manual ................................................................................................................ 60 October 1, 2008. 

Airbus A330 Structural Repair Manual ................................................................................................................ 61 January 1, 2009. 

Airbus A340–200/–300 Structural Repair Manual ............................................................................................... 64 October 1, 2008. 

Airbus A340–200/–300 Structural Repair Manual ............................................................................................... 65 January 1, 2009. 

(4) As of the effective date of this AD, no 

person may replace a movable flap track 

fairing No. 3 on that airplane, unless the 

replacement fairing has been modified or 

repaired in accordance with the requirements 

of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: The 

MCAI prohibits replacement of the affected 

part after modification, but this AD prohibits 

replacing the affected part as of the effective 

date of this AD. 

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, 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) 227–1320. 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. 

(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, 

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 European Aviation 

Safety Agency Airworthiness Directive 2008– 

0153, dated August 8, 2008; and Airbus 

Mandatory Service BulletinsA330–57–3095, 

Revision 02, and A340–57–4103, Revision 

01, both dated April 3, 2008; for related 

information. 

Material Incorporated by Reference 

(i) You must use Airbus Mandatory Service 

Bulletin A330–57–3095, Revision 02, dated 

April 3, 2008; or Airbus Mandatory Service 

Bulletin A340–57–4103, Revision 01, dated 

April 3, 2008; 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; 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 

December 16, 2009. 

Stephen P. Boyd, 

Acting Manager, 

Transport Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–487 Filed 1–19–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27862; Directorate 

Identifier 2007–CE–036–AD; Amendment 

39–16150; AD 2009–26–11] 

RIN 2120–AA64 

Airworthiness Directives; Thrush 

Aircraft, Inc. Model 600 S2D and S2R 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) to 

supersede AD (AD) 2006–07–15, which 

applies to Thrush Aircraft, Inc. Model 

600 S2D and S2R (S–2R) series airplanes 

(type certificate previously held by 

Quality Aerospace, Inc. and Ayres 

Corporation). AD 2006–07–15 currently 

requires repetitive inspections of the 

1/4-inch and 5/16-inch bolt hole areas 

on the wing front lower spar caps for 

fatigue cracking; replacement or repair 

of any wing front lower spar cap where 

fatigue cracks are found; and reporting 

of any fatigue cracks found to the FAA. 

AD 2006–07–15 also puts the affected 

airplanes into groups for compliance 

time and applicability purposes. Since 

we issued AD 2006–07–15, FAA 

analysis reveals that inspections are not 

detecting all existing cracks and shows 

the incidences of undetected cracks will 

increase as the airplanes age. 

Consequently, this AD retains the 

actions of AD 2006–07–15 and imposes 

a life limit on the wing front lower spar 

caps that requires replacement of the 

wing front lower spar caps when the life 

limit is reached. This AD also changes 

the requirements and applicability of 

the groups discussed above and removes 

the ultrasonic inspection method. We 

are issuing this AD to prevent wing 

front lower spar cap failure caused by 

undetected fatigue cracks. Such failure 

could result in loss of a wing in flight. 

DATES: This AD becomes effective on 

February 24, 2010. 

On February 24, 2010, the Director of 

the Federal Register approved the 

incorporation by reference of Thrush 

Aircraft, Inc. Custom Kit No. CK–AG– 

41, Revision A, dated March 8, 2007, 

listed in this AD. 

As of May 20, 2003 (68 FR 15653), the 

Director of the Federal Register 

approved the incorporation by reference 

of Quality Aerospace, Inc. Custom Kit 

No. CK–AG–30, dated December 6, 

2001, listed in this AD. 

As of July 25, 2000 (65 FR 36055), the 

Director of the Federal Register 

approved the incorporation by reference 

of Ayres Corporation Service Bulletin 

No. SB–AG–39, dated September 17, 

1996; and Ayres Corporation Custom Kit 

No. CK–AG–29, dated December 23, 

1997, listed in this AD. 

ADDRESSES: To get the service 

information identified in this AD, 

contact Thrush Aircraft, Inc., 300 Old 

Pretoria Road, P.O. Box 3149, Albany, 

Georgia 31706–3149. The service 


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