46322 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 

TABLE 2—ALL MATERIAL INCORPORATED BY REFERENCE—Continued 

Document Revision Date 

Fokker Service Bulletin SBF100–31–060 .......................... Original ............................................................................... June 1, 2002. 

Fokker Service Bulletin SBF100–31–067, including 

Fokker Manual Change Notification-Operational Documentation MCNO–F100–50, dated January 31, 2008.

1 ......................................................................................... April 24, 2008. 

Fokker Service Bulletin SBF100–78–016 .......................... Original ............................................................................... October 1, 1999. 

Fokker Service Bulletin SBF100–78–017 .......................... Original ............................................................................... December 1, 1999. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information contained in Table 3 

of this AD under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

TABLE 3—NEW MATERIAL INCORPORATED BY REFERENCE

Document Revision Date 

Fokker Service Bulletin SBF100–31–060 .......................... Original ............................................................................... June 1, 2002. 

Fokker Service Bulletin SBF100–31–067, including 

Fokker Manual Change Notification-Operational Documentation MCNO–F100–50, dated January 31, 2008.

1 ......................................................................................... April 24, 2008. 

Fokker Service Bulletin SBF100–78–016 .......................... Original ............................................................................... October 1, 1999. 

Fokker Service Bulletin SBF100–78–017 .......................... Original ............................................................................... December 1, 1999. 

(2) The Director of the Federal Register 

previously approved the incorporation by 

reference of Fokker Service Bulletin SBF100– 

31–047, Revision 1, dated March 21, 1997; 

and Fokker Service Bulletin SBF100–31–051, 

dated August 15, 1998; on October 27, 1999 

(64 FR 51202, September 22, 1999). 

(3) For Fokker service information 

identified in this AD, contact Fokker Services 

B.V., Technical Services Dept., P.O. Box 231, 

2150 AE Nieuw-Vennep, the Netherlands; 

telephone +31 (0)252–627–350; fax +31 

(0)252–627–211; e-mail 

technicalservices.fokkerservices@stork.com; 

Internet http://www.myfokkerfleet.com. 

(4) For AlliedSignal Grimes Aerospace and 

Honeywell service information identified in 

this AD, contact Honeywell Aerospace, 

Technical Publications and Distribution, 

M/S 2101–201, P.O. Box 52170, Phoenix, 

Arizona 85072–2170; telephone 602–365– 

5535; fax 602–365–5577; Internet http:// 

www.honeywell.com. 

(5) 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. 

(6) 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 August 

18, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–20840 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–2009–0381; Directorate 

Identifier 2009–NM–008–AD; Amendment 

39–16016; AD 2009–18–19] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200 and –300 Series Airplanes 

and Model A340–200 and –300 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

An A340 operator has reported an 

uncommanded engine N°4 shut down during 

taxi after landing. 

The root cause of this event has been 

identified as failure of the fuel pump Non 

Return Valve (NRV) preventing the collector 

cell jet pump from working. This led to 

engine N°4 collector cell fuel level to drop 

below the pump inlet and consequently 

causing engine N°4 flame out. 

* * * * * 

Multiple NRV failures in combination with 

failure modes trapping fuel could potentially 

increase the quantity of unusable fuel on 

aircraft possibly leading to fuel starvation 

which could result in engine in-flight shut 

down and would constitute an unsafe 

condition. 

* * * * * 

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 April 29, 2009 (74 FR 

19464). That NPRM proposed to correct 


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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 46323 

an unsafe condition for the specified 

products. The MCAI states: 

An A340 operator has reported an 

uncommanded engine N°4 shut down during 

taxi after landing. 

The root cause of this event has been 

identified as failure of the fuel pump Non 

Return Valve (NRV) preventing the collector 

cell jet pump from working. This led to 

engine N°4 collector cell fuel level to drop 

below the pump inlet and consequently 

causing engine N°4 flame out. 

A330 aircraft which have a similar design 

are also impacted by this issue. 

Multiple NRV failures in combination with 

failure modes trapping fuel could potentially 

increase the quantity of unusable fuel on 

aircraft possibly leading to fuel starvation 

which could result in engine in-flight shut 

down and would constitute an unsafe 

condition. 

To prevent such an event, this 

Airworthiness Directive (AD) requires a 

periodic operational test to check the correct 

operation of NRV and to apply the associated 

corrective actions. 

The corrective action includes replacing 

any failed NRV with a new NRV. 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 Clarify Applicability 

Statement and Paragraphs (f)(1) and 

(f)(2) of the NPRM 

Airbus suggests that we revise the 

NPRM to specify all models in the 

Applicability statement and in 

paragraphs (f)(1) and (f)(2) of the 

proposed AD. 

We agree. For clarity, we have revised 

the applicability statement and 

paragraphs (f)(1), (f)(2), (f)(3)(i), and 

(f)(3)(ii) of this AD to identify all 

affected models as specified in the 

applicable type certificate data sheet. 

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 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 

We estimate that this AD affects 50 

products of U.S. registry. We also 

estimate that it takes about 5 work-hours 

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 

this AD to the U.S. operators to be 

$20,000, or $400 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: 

2009–18–19 Airbus: Amendment 39–16016. 

Docket No. FAA–2009–0381; Directorate 

Identifier 2009–NM–008–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 14, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

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

the AD, certificated in any category. 

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

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

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

all serial numbers. 

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

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

serial numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

An A340 operator has reported an 

uncommanded engine N°4 shut down during 

taxi after landing. 


jlentini on DSKJ8SOYB1PROD with RULES
46324 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 

The root cause of this event has been 

identified as failure of the fuel pump Non 

Return Valve (NRV) preventing the collector 

cell jet pump from working. This led to 

engine N°4 collector cell fuel level to drop 

below the pump inlet and consequently 

causing engine N°4 flame out. 

A330 aircraft which have a similar design 

are also impacted by this issue. 

Multiple NRV failures in combination with 

failure modes trapping fuel could potentially 

increase the quantity of unusable fuel on 

aircraft possibly leading to fuel starvation 

which could result in engine in-flight shut 

down and would constitute an unsafe 

condition. 

To prevent such an event, this 

Airworthiness Directive (AD) requires a 

periodic operational test to check the correct 

operation of NRV and to apply the associated 

corrective actions. 

The corrective action includes replacing 

any failed NRV with a new NRV. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) For Airbus Model A330–201, –202, 

–203, –223, –243, –301, –302, –303, –321, 

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

airplanes: At the later of the times in 

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

perform an operational test for correct 

functioning of the NRV and apply all 

applicable corrective actions, in accordance 

with instructions defined in Airbus 

Mandatory Service Bulletin A330–28–3108, 

including Appendix 1, dated October 13, 

2008. Do all applicable corrective actions 

before further flight. 

(i) Within 24 months or 8,000 flight hours 

after the effective date of this AD, whichever 

occurs first. 

(ii) Before the accumulation of 10,000 total 

flight hours after the first flight of the 

airplane. 

(2) For Airbus Model A340–211, –212, 

–213, –311, –312, and –313 series airplanes: 

At the later of the times in paragraphs (f)(2)(i) 

and (f)(2)(ii) of this AD, perform an 

operational test for correct functioning of the 

NRV and apply all applicable corrective 

actions, in accordance with instructions 

defined in Airbus Mandatory Service 

Bulletin A340–28–4123, including Appendix 

1, dated October 13, 2008. Do all applicable 

corrective actions before further flight. 

(i) Within 24 months or 9,000 flight hours 

after the effective date of this AD, whichever 

occurs first. 

(ii) Before the accumulation of 25,000 total 

flight hours after the first flight of the 

airplane. 

(3) Repeat the operational test specified in 

paragraph (f)(1) or (f)(2) of this AD as 

applicable, at the applicable interval in 

paragraph (f)(3)(i) or (f)(3)(ii) of this AD. 

(i) For Airbus Model A330–201, –202, 

–203, –223, –243, –301, –302, –303, –321, 

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

airplanes: At intervals not to exceed 10,000 

flight hours. 

(ii) For Airbus Model A340–211, –212, 

–213, –311, –312, and –313 series airplanes: 

At intervals not to exceed 25,000 flight hours. 

(4) Submit a report of the findings (both 

positive and negative) of the inspection 

required by paragraph (f)(1) or (f)(2) of this 

AD to Airbus, at the time specified in 

paragraph (f)(4)(i) or (f)(4)(ii) of this AD, as 

applicable. The report must include the 

information specified in Appendix 1 of 

Airbus Mandatory Service Bulletin A330–28– 

3108 or A340–28–4123, both dated October 

13, 2008, as applicable. Send the report to 

Airbus Department SEEE6, 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. 

(i) If the inspection was done after the 

effective date of this AD: Submit the report 

within 30 days after the inspection. 

(ii) If the inspection was done on or prior 

to the effective date of this AD: Submit the 

report within 30 days after the effective date 

of this AD. 

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, 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 

appropriate principal maintenance inspector 

(PMI) or the 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 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, 

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– 

0209, dated November 27, 2008; Airbus 

Mandatory Service Bulletins A330–28–3108 

and A340–28–4123, both including 

Appendix 1, both dated October 13, 2008; for 

related information. 

Material Incorporated by Reference 

(i) You must use Airbus Mandatory Service 

Bulletin A330–28–3108, including Appendix 

1, dated October 13, 2008; or Airbus 

Mandatory Service Bulletin A340–28–4123, 

including Appendix 1, dated October 13, 

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 August 

26, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–21409 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–2009–0212; Directorate 

Identifier 2008–NM–122–AD; Amendment 

39–16019; AD 2009–19–02] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, –700C, –800, 

–900 and –900ER Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Boeing Model 737–600, –700, –700C, 

–800, –900 and –900ER series airplanes. 

This AD requires repetitive testing of 

the rudder pedal forces or repetitive 

detailed inspections of the inner spring 

of the rudder feel and centering unit, 

and corrective actions if necessary. This 

AD also requires replacement of the 

spring assembly in the rudder feel and 

centering unit, which terminates the 


jlentini on DSKJ8SOYB1PROD with RULES