Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 46313 

Size Standards, (202) 205–6618 or 

sizestandards@sba.gov. 

SUPPLEMENTARY INFORMATION: SBA is 

correcting language and references in its 

Small Business Size Regulations 

contained in part 121 of the Code of 

Federal Regulations (CFR), chapter 13. 

These are administrative corrections 

only. Specifically, SBA is correcting 13 

CFR 121.101, 121.410 and 121.1205. 

1. 13 CFR 121.101, ‘‘What are SBA size 

standards?’’ 

The text of 13 CFR § 121.101(b) 

provides the Internet Web address 

where the public can obtain the North 

American Industry Classification 

System Manual–United States from the 

National Technical Information Service 

(NTIS), part of the U.S. Department of 

Commerce. The Internet Web address 

provided in the text is http:// 

www.ntis.gov/yellowbk/1nty205.htm. 

The NTIS has established a new 

address, specifically http:// 

www.ntis.gov/products/naics.aspx. 

Although the existing Web address in 

§ 121.101 will take a user to the updated 

site, SBA believes it should update its 

regulations as well to reflect the correct 

Internet Web address. 

2. 13 CFR 121.410, ‘‘What are the size 

standards for SBA’s Section 8(d) 

Subcontracting Program?’’ 

SBA published in the May 15, 2000, 

Federal Register (65 FR 30836–30863) a 

new table of small business size 

standards effective October 1, 2000 for 

industries as defined under NAICS. 

Until October 1, 2000, the Standard 

Industrial Classification (SIC) System 

was the basis for SBA’s table of small 

business size standards. The May 15, 

2000 final rule amended 13 CFR 

121.410 by replacing ‘‘SIC code 8711’’ 

with ‘‘NAICS code 541330.’’ 

However, an error was made when 

SBA issued a proposed rule on 

November 22, 2002, (67 FR 70339– 

70352) to amend its small business size 

regulations and the regulations that 

apply to appeals of size determinations. 

That rule proposed amending 13 CFR 

121.410, which relates to size standards 

under SBA’s Section 8(d) 

Subcontracting Program. The proposed 

amendment correctly preserved the 

language of the May 15, 2000 final rule 

that described Engineering Services. 

However, the proposed rule wrongly 

referenced NAICS code 541213, which 

is the code for Tax Preparation Services. 

The proposed rule should have 

referenced NAICS code 541330, because 

it is the correct code for Engineering 

Services, described in 13 CFR 121.410. 

The corresponding final rule that SBA 

published on May 21, 2004 (69 FR 

29192–29209) did not correct this error, 

thereby leaving NAICS code 541213 to 

refer incorrectly to Engineering 

Services. 

The text of 13 CFR 121.410 plainly 

refers to subcontracting activities that 

are included within NAICS code 

541330, Engineering Services. 

Furthermore, NAICS code 541330 in 

SBA’s ‘‘Small Business Size Standards 

by NAICS Industry’’ (13 CFR 121.201) 

clearly includes the same types of 

contracting activities described in 13 

CFR 121.410. The purpose of this 

correction is to replace NAICS code 

541213 in § 121.410 with NAICS code 

541330. 

3. 13 CFR 121.1205, ‘‘How is a list of 

previously granted class waivers 

obtained?’’ 

The text of 13 CFR 121.1205 provides 

the Internet Web address where SBA 

maintains for the public a list of waivers 

of the Nonmanufacturer Rule that it has 

granted. SBA has updated that Internet 

Web address, and this action will 

similarly update § 121.1205. 

List of Subjects in 13 CFR Part 121 

Administrative practice and 

procedure, Government procurement, 

Government property, Grant programs— 

business, Individuals with disabilities, 

Loan programs—business, Reporting 

and recordkeeping requirements, Small 

businesses. 

■ For the reasons set forth in the 

preamble, SBA amends part 13 CFR part 

121 by making the following correcting 

amendments. 

PART 121—SMALL BUSINESS SIZE 

REGULATIONS 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 

637(a), 644, and 662(5); and Pub. L. 105–135, 

sec. 401 et seq., 111 Stat. 2592. 

■ 2. Amend § 121.101 by revising the 

first sentence of paragraph (b) to read as 

follows: 

§ 121.101 What are SBA size standards? 

* * * * * 

(b) NAICS is described in the North 

American Industry Classification 

Manual–United States, which is 

available from the National Technical 

Information Service, 5285 Port Royal 

Road, Springfield, VA 22161; by calling 

1(800) 553–6847 or 1(703) 605–6000; or 

via the Internet at http://www.ntis.gov/ 

products/naics.aspx. * * * 

■ 3. Amend § 121.410 by revising the 

second sentence to read as follows: 

§ 121.410 What are the size standards for 

SBA’s Section 8(d) Subcontracting 

Program? 

* * * However, subcontracts for 

engineering services awarded under the 

National Energy Policy Act of 1992 have 

the same size standard as Military and 

Aerospace Equipment and Military 

Weapons under NAICS code 541330. 

■ 4. Amend § 121.1205 by revising the 

first sentence to read as follows: 

§ 121.1205 How is a list of previously 

granted class waivers obtained? 

A list of classes of products for which 

waivers for the Nonmanufacturer Rule 

have been granted is maintained in SBA 

Web site at: http://www.sba.gov/

aboutsba/sbaprograms/gc/programs/gc_

waivers_nonmanufacturer.html. * * * 

Dean R. Koppel, 

Acting Director, Office of Government 

Contracting. 

[FR Doc. E9–21505 Filed 9–8–09; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0264; Directorate 

Identifier 2008–NM–174–AD; Amendment 

39–16017; AD 2009–18–20] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

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: 

One Long Range operator experienced a 

failure of one spoiler servo-control, 

associated with surface deflection in flight 

and hydraulic leak. On ground, this servocontrol Part Number (P/N) MZ4306000–02X 

was found with the maintenance cover 

broken. Investigations showed that the 

rupture of the maintenance cover was due to 

pressure pulse fatigue. 

* * * The rupture of the maintenance 

cover in flight may result in the deflection of 

the associated spoiler surface up to the nullhinge position (loss of the hydraulic locking). 


jlentini on DSKJ8SOYB1PROD with RULES
46314 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 

It may also result in the loss of the associated 

hydraulic system (external leakage). In the 

worst case, the three hydraulic systems may 

be affected, which constitutes an unsafe 

condition. 

* * * * * 

Loss of the three hydraulic systems 

could result in reduced controllability 

of the airplane. We are issuing this AD 

to require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective 

October 14, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of October 14, 2009. 

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 March 26, 2009 (74 FR 

13148). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

One Long Range operator experienced a 

failure of one spoiler servo-control, 

associated with surface deflection in flight 

and hydraulic leak. On ground, this servocontrol Part Number (P/N) MZ4306000–02X 

was found with the maintenance cover 

broken. Investigations showed that the 

rupture of the maintenance cover was due to 

pressure pulse fatigue. 

The maintenance cover allows switching 

the servo-control from ‘‘Operational’’ to 

‘‘Maintenance’’ modes. The same cover is 

installed on all standard MZ spoiler servocontrols except on P/N MZ4339390–12 and 

MZ4306000–12, which have a reinforced 

maintenance cover. The rupture of the 

maintenance cover in flight may result in the 

deflection of the associated spoiler surface up 

to the null-hinge position (loss of the 

hydraulic locking). It may also result in the 

loss of the associated hydraulic system 

(external leakage). In the worst case, the three 

hydraulic systems may be affected, which 

constitutes an unsafe condition. 

For the reasons described above, this EASA 

(European Aviation Safety Agency) AD 

requires the identification and the 

modification of all standard MZ spoiler 

servo-controls with initial maintenance cover 

(P/N MZ4339390–01X, –02X, –10X for 

position 1 and P/N MZ4306000–01X, –02X, 

–10X for positions 2 to 6) into standard MZ 

servo-controls with reinforced maintenance 

cover (P/N MZ4339390–12 for position 1 and 

P/N MZ4306000–12 for positions 2 to 6). 

Loss of the three hydraulic systems 

could result in reduced controllability 

of the airplane. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Revised Service Information 

We have reviewed Airbus Service 

Bulletin A330–27–3110, Revision 03, 

dated September 3, 2008. We referred to 

Airbus Service Bulletin A330–27–3110, 

Revision 02, dated March 2, 2007, as the 

appropriate source of service 

information for accomplishing certain 

actions specified in the NPRM. We have 

determined that the actions specified in 

Airbus Service Bulletin A330–27–3110, 

Revision 03, dated September 3, 2008, 

are essentially the same as the actions 

specified in Airbus Service Bulletin 

A330–27–3110, Revision 02, dated 

March 2, 2007. Therefore, we find that 

no additional work will be required for 

airplanes that have done the 

requirements of this AD in accordance 

with Airbus Service Bulletin A330–27– 

3110, Revision 02, dated March 2, 2007. 

We have changed paragraphs (f)(2) 

through (f)(6) of this AD to refer to 

Revision 03, dated September 3, 2008, 

of Airbus Service Bulletin A330–27– 

3110. We have also changed paragraph 

(f)(7) of this AD to give credit to 

operators who have accomplished the 

actions in accordance with Airbus 

Service Bulletin A330–27–3110, 

Revision 02, dated March 2, 2007, as 

well as the earlier versions of the service 

bulletin. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request To Clarify Proposed 

Applicability 

Airbus asks that the applicability 

specified in paragraph (c) of the NPRM 

be clarified. Airbus notes that the 

language ‘‘* * * except those identified 

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

AD’’ is misleading, because the 

exceptions are already included in 

paragraphs (c)(1) and (c)(2) of the AD. 

We agree with Airbus. We have 

changed paragraph (c) of this AD as 

follows: ‘‘This AD applies to Airbus 

Model A330–300, A340–200, and A340– 

300 series airplanes; certificated in any 

category; as identified in paragraphs 

(c)(1) and (c)(2) of this AD.’’ 

Request To Clarify Paragraphs (f)(1), 

(f)(2)(i), and (f)(2)(ii) of the NPRM 

Airbus also asks that the words ‘‘of 

the aircraft’’ be added to the applicable 

paragraphs after the words ‘‘since first 

flight’’ for clarification. Airbus notes 

that the missing text is confusing to 

operators, who are asking Airbus if 

‘‘since first flight’’ refers to flight hours 

on the equipment or flight hours on the 

airplane. 

We agree with Airbus. It was our 

intent that the phrase ‘‘since first flight’’ 

apply to the subject airplanes, not 

equipment. Therefore, we have changed 

all applicable references in paragraphs 

(f)(1) through (f)(6) of this AD to specify 

‘‘since first flight of the airplane.’’ 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We determined that these changes 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. 

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 

Based on the service information, we 

estimate that this AD affects 16 products 

of U.S. registry. We also estimate that it 

takes 1 work-hour per product to 

comply with the basic requirements of 

this AD. The average labor rate is $80 

per work-hour. Based on these figures, 

we estimate the cost of the AD on U.S. 

operators to be $1,280, or $80 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 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 46315 

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: 

2009–18–20 Airbus: Amendment 39–16017. 

Docket No. FAA–2009–0264; Directorate 

Identifier 2008–NM–174–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 14, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A330– 

300, A340–200, and A340–300 series 

airplanes; certificated in any category; as 

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

this AD. 

(1) Airbus Model A330–301, –302, –303, 

–321, –322, –323, –341, –342, and –343 

airplanes, manufacturer serial numbers 

(MSNs) up to and including MSN 588, except 

those on which Airbus Service Bulletin 

A330–27–3110 has been embodied in service. 

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

–311, –312, and –313 airplanes, MSNs up to 

and including MSN 598, except those on 

which Airbus Service Bulletin A340–27– 

4115 has been embodied in service. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

One Long Range operator experienced a 

failure of one spoiler servo-control, 

associated with surface deflection in flight 

and hydraulic leak. On ground, this servocontrol Part Number (P/N) MZ4306000–02X 

was found with the maintenance cover 

broken. Investigations showed that the 

rupture of the maintenance cover was due to 

pressure pulse fatigue. 

The maintenance cover allows switching 

the servo-control from ‘‘Operational’’ to 

‘‘Maintenance’’ modes. The same cover is 

installed on all standard MZ spoiler servocontrols except on P/N MZ4339390–12 and 

MZ4306000–12, which have a reinforced 

maintenance cover. The rupture of the 

maintenance cover in flight may result in the 

deflection of the associated spoiler surface up 

to the null-hinge position (loss of the 

hydraulic locking). It may also result in the 

loss of the associated hydraulic system 

(external leakage). In the worst case, the three 

hydraulic systems may be affected, which 

constitutes an unsafe condition. 

For the reasons described above, this EASA 

(European Aviation Safety Agency) AD 

requires the identification and the 

modification of all standard MZ spoiler 

servo-controls with initial maintenance cover 

(P/N MZ4339390–01X, –02X, –10X for 

position 1 and 

P/N MZ4306000–01X, 02X, –10X for 

positions 2 to 6) into standard MZ servocontrols with reinforced maintenance cover 

(P/N MZ4339390–12 for position 1 and P/N 

MZ4306000–12 for positions 2 to 6). 

Loss of the three hydraulic systems could 

result in reduced controllability of the 

airplane. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) For airplanes that have accumulated 

more than 8,500 total flight cycles since first 

flight of the airplane as of the effective date 

of this AD: Do the actions required by 

paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, as 

applicable. 

(i) Within 3 months after the effective date 

of this AD: Identify the part number of 

spoiler servo-controls installed on the 

airplane at all positions in order to determine 

the number of affected hydraulic circuits in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A330–27A3154, Revision 01; or 

Airbus Mandatory Service Bulletin A340– 

27A4154, Revision 01; both dated July 25, 

2008; as applicable. If there is no spoiler 

servo-control installed with a part number 

identified in Table 1 of this AD, no further 

action is required by this paragraph. 

(ii) If there is any spoiler servo-control 

installed with a part number identified in 

Table 1 of this AD, do all applicable actions 

required by paragraph (f)(2), (f)(3), or (f)(4) of 

this AD, as applicable. 

TABLE 1—SPOILER SERVO-CONTROL

PART NUMBERS

Position 1 Positions 2 through 6 

MZ4339390–01X ....... MZ4306000–01X 

MZ4339390–02X ....... MZ4306000–02X 

MZ4339390–10X ....... MZ4306000–10X 

(2) If three affected hydraulic circuits are 

identified during the inspection required by 

paragraph (f)(1) of this AD, do the actions 

required by paragraphs (f)(2)(i), (f)(2)(ii), and 

(f)(2)(iii) of this AD, at the time specified. 

(i) Before the accumulation of 10,400 total 

flight cycles since first flight of the airplane, 

or within 3 months after accomplishing the 

requirements of paragraph (f)(1)(i) of this AD, 

whichever occurs later: Modify the affected 

spoiler servo-controls on one hydraulic 

circuit in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A330–27–3110, Revision 03, 

dated September 3, 2008; or Airbus Service 

Bulletin A340–27–4115, Revision 01, dated 

March 2, 2007; as applicable. 

(ii) Before the accumulation of 10,800 total 

flight cycles since first flight of the airplane, 

or within 6 months after accomplishing the 

requirements in paragraph (f)(1)(i) of this AD, 

whichever occurs later: Modify the affected 

spoiler servo-controls on the second 

hydraulic circuit in accordance with the 


jlentini on DSKJ8SOYB1PROD with RULES
46316 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 

Accomplishment Instructions of Airbus 

Service Bulletin A330–27–3110, Revision 03, 

dated September 3, 2008; or Airbus Service 

Bulletin A340–27–4115, Revision 01, dated 

March 2, 2007; as applicable. 

(iii) Within 18 months after the effective 

date of this AD: Modify the remaining 

affected spoiler servo-controls in accordance 

with the Accomplishment Instructions of 

Airbus Service Bulletin A330–27–3110, 

Revision 03, dated September 3, 2008; or 

Airbus Service Bulletin A340–27–4115, 

Revision 01, dated March 2, 2007; as 

applicable. 

(3) If two affected hydraulic circuits are 

identified during the inspection required by 

paragraph (f)(1) of this AD, do the actions 

required by paragraphs (f)(3)(i) and (f)(3)(ii) 

of this AD, at the time specified. 

(i) Before the accumulation of 10,800 total 

flight cycles since first flight of the airplane, 

or within 6 months after accomplishing the 

requirements specified in paragraph (f)(1)(i) 

of this AD, whichever occurs later: Modify 

the affected spoiler servo-controls on one 

hydraulic circuit in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A330–27–3110, Revision 03, 

dated September 3, 2008; or Airbus Service 

Bulletin A340–27–4115, Revision 01, dated 

March 2, 2007; as applicable. 

(ii) Within 18 months after the effective 

date of this AD: Modify the remaining 

affected spoiler servo-controls in accordance 

with the Accomplishment Instructions of 

Airbus Service Bulletin A330–27–3110, 

Revision 03, dated September 3, 2008; or 

Airbus Service Bulletin A340–27–4115, 

Revision 01, dated March 2, 2007; as 

applicable. 

(4) If one affected hydraulic circuit is 

identified during the inspection required by 

paragraph (f)(1) of this AD: Within 18 months 

after the effective date of this AD, modify the 

affected spoiler servo-controls in accordance 

with the Accomplishment Instructions of 

Airbus Service Bulletin A330–27–3110, 

Revision 03, dated September 3, 2008; or 

Airbus Service Bulletin A340–27–4115, 

Revision 01, dated March 2, 2007; as 

applicable. 

(5) For airplanes that have accumulated 

less than or equal to 8,500 total flight cycles 

since first flight of the airplane as of the 

effective date of this AD: Do the actions 

required by paragraphs (f)(5)(i) and (f)(5)(ii) 

of this AD, as applicable. 

(i) Within 9 months after the effective date 

of this AD: Do the actions specified in 

paragraph (f)(1)(i) of this AD. If there is no 

spoiler servo-control installed with a part 

number identified in Table 1 of this AD, no 

further action is required by this paragraph. 

(ii) If there is any spoiler servo-control 

installed with a part number identified in 

Table 1 of this AD: Within 18 months after 

the effective date of this AD, modify all the 

affected spoiler servo-controls in accordance 

with the Accomplishment Instructions of 

Airbus Service Bulletin A330–27–3110, 

Revision 03, dated September 3, 2008; or 

Airbus Service Bulletin A340–27–4115, 

Revision 01, dated March 2, 2007; as 

applicable. 

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

person may install any spoiler servo-control 

with a part number identified in Table 1 of 

this AD on any airplane as a replacement 

part, unless the part has been modified in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A330– 

27–3110, Revision 03, dated September 3, 

2008; or Airbus Service Bulletin A340–27– 

4115, Revision 01, dated March 2, 2007; as 

applicable. 

(7) Actions accomplished before the 

effective date of this AD in accordance with 

the service bulletins specified in Table 2 of 

this AD are considered acceptable for 

compliance with the corresponding 

requirements of this AD. 

TABLE 2—CREDIT SERVICE INFORMATION

Service Bulletin Revision level Date 

Airbus Service Bulletin A330–27–3110 ............................. Original ............................................................................... November 28, 2003. 

Airbus Service Bulletin A330–27–3110 ............................. 01 ....................................................................................... March 26, 2004. 

Airbus Service Bulletin A330–27–3110 ............................. 02 ....................................................................................... March 2, 2007. 

Airbus Service Bulletin A340–27–4115 ............................. Original ............................................................................... November 28, 2003. 

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. 

(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 EASA Airworthiness Directive 

2008–0160, dated August 22, 2008, and the 

service bulletins specified in Table 3 of this 

AD, for related information. 

TABLE 3—RELATED SERVICE INFORMATION

Service Bulletin Revision level Date 

Airbus Mandatory Service Bulletin A330–27A3154 ........................................................................... 01 July 25, 2008. 

Airbus Mandatory Service Bulletin A340–27A4154 ........................................................................... 01 July 25, 2008. 

Airbus Service Bulletin A330–27–3110 .............................................................................................. 03 September 3, 2008. 

Airbus Service Bulletin A340–27–4115 .............................................................................................. 01 March 2, 2007. 

Material Incorporated by Reference 

(i) You must use the service information 

contained in Table 4 of this AD to do the 

actions required by this AD, as applicable, 

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 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 46317 

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. 

TABLE 4—MATERIAL INCORPORATED BY REFERENCE

Service Bulletin Revision level Date 

Airbus Mandatory Service Bulletin A330–27A3154, excluding Appendix 1 ................................... 01 July 25, 2008. 

Airbus Mandatory Service Bulletin A340–27A4154, excluding Appendix 1 ................................... 01 July 25, 2008. 

Airbus Service Bulletin A330–27–3110 .......................................................................................... 03 September 3, 2008. 

Airbus Service Bulletin A340–27–4115 .......................................................................................... 01 March 2, 2007. 

Issued in Renton, Washington, on August 

26, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–21408 Filed 9–8–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0526; Directorate 

Identifier 2009–NM–029–AD; Amendment 

39–16008; AD 2009–18–12] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400 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: 

Four aircraft have experienced a dual AC 

[alternating current] generator shutdown, 

caused by a broken propeller de-ice bus bar 

which short-circuited with the backplate 

assembly. 

* * * A short circuit can cause a dual AC 

generator shutdown that, particularly in 

conjunction with an engine failure in icing 

conditions, could result in reduced 

controllability of the aircraft. 

* * * * * 

Reduced controllability of the 

airplane in certain operating conditions 

affects continued safe flight and 

landing. We are issuing this AD to 

require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective 

October 14, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of October 14, 2009. 

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: 

Wing Chan, Aerospace Engineer, 

Aerospace Engineer, Systems and Flight 

Test Branch, ANE–172, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7311; fax (516) 794–5531. 

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 June 10, 2009 (74 FR 27476). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Four aircraft have experienced a dual AC 

[alternating current] generator shutdown, 

caused by a broken propeller de-ice bus bar 

which short-circuited with the backplate 

assembly. 

It was subsequently determined that any 

friction or contact between a propeller de-ice 

bus bar and the backplate assembly can cause 

an intermittent short circuit. Such a short 

circuit can cause a dual AC generator 

shutdown that, particularly in conjunction 

with an engine failure in icing conditions, 

could result in reduced controllability of the 

aircraft. 

This [Transport Canada Civil Aviation] 

directive mandates revision of the Airplane 

Flight Manual (AFM) to introduce a 

procedure that restores AC power following 

a failure of No. 1 and No. 2 AC generators 

with propeller de-ice on. Additionally, in 

order to prevent similar dual AC generator 

shutdowns, it mandates the application of 

sealant as insulation between the propeller 

de-ice bus bars and the backplate assembly. 

Reduced controllability of the 

airplane in certain operating conditions 

affects continued safe flight 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 

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 

62 products of U.S. registry. We also 

estimate that it will take about 6 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 


jlentini on DSKJ8SOYB1PROD with RULES