Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules 45781 

2. Amend § 25.1583 by revising 

paragraph (a)(3) to read as follows: 

§ 25.1583 Operating limitations. 

(a) * * * 

(3) The maneuvering speed VA and 

statements, as applicable to the 

particular design, explaining that: 

(i) Full application of pitch, roll, or 

yaw controls should be confined to 

speeds below VA; and 

(ii) Rapid and large alternating control 

inputs, especially in combination with 

large changes in pitch, roll, or yaw, and 

full control inputs in more than one axis 

at the same time, should be avoided as 

they may result in structural failures at 

any speed, including below VA. 

* * * * * 

Issued in Washington, DC, on August 31, 

2009. 

Dorenda D. Baker, 

Director, Aircraft Certification Service. 

[FR Doc. E9–21478 Filed 9–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0782; Directorate 

Identifier 2009–NM–011–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–201, –202, –203, –223, –243, 

–301, –302, –303, –321, –322, –323, 

–341, –342, and –343 Series Airplanes; 

and Model A340–211, –212, –213, –311, 

–312, and –313 Series Airplanes; and 

A340–541 and –642 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 a scheduled maintenance 

inspection on the MLG [main landing gear], 

the bogie stop pad was found deformed and 

cracked. Upon removal of the bogie stop pad 

for replacement, the bogie beam was also 

found cracked. 

* * * * * 

A second bogie beam crack has 

subsequently been found on another aircraft, 

located under a bogie stop pad which only 

had superficial paint damage. 

This condition, if not detected and 

corrected, could result in the aircraft 

departing the runway or to the bogie 

detaching from the aircraft or gear collapses, 

which would all constitute unsafe conditions 

at speeds above 30 knots. 

* * * * * 

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 October 5, 2009. 

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; 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–2009–0782; Directorate Identifier 

2009–NM–011–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 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 2008–0223, 

dated December 15, 2008 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

During a scheduled maintenance 

inspection on the MLG [main landing gear], 

the bogie stop pad was found deformed and 

cracked. Upon removal of the bogie stop pad 

for replacement, the bogie beam was also 

found cracked. 

Laboratory investigation indicates that an 

overload event has occurred and no fatigue 

propagation of the crack was evident. An 

investigation is still underway to establish 

the root cause of this overload. 

A second bogie beam crack has 

subsequently been found on another aircraft, 

located under a bogie stop pad which only 

had superficial paint damage. 

This condition, if not detected and 

corrected, could result in the aircraft 

departing the runway or to the bogie 

detaching from the aircraft or gear collapses, 

which would all constitute unsafe conditions 

at speeds above 30 knots. 

As a precautionary measure, this AD 

requires detailed inspections under the bogie 

stop pad of both MLG bogie beams and, in 

case deformation or damage is detected, to 

apply the associated repair. 

The one-time inspections consist of the 

following: 

• Inspection for corrosion and 

damage to the paint and cadmium plate 

of the sliding piston subassembly. 

• Inspection for cracking and 

deformation of the top and bottom 


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45782 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules 

surfaces and bolt holes of the bogie stop 

pad subassembly and bracket. 

• Inspection for cracking, corrosion, 

and damage to protective treatments, 

and deformation of the bogie beam 

surface of the bogie beam subassembly 

where the bogie stop pad subassembly 

has been removed, and a magnetic 

particle non-destructive test inspection 

of the bogie beam assembly where the 

bogie stop pad subassembly has been 

removed. 

Corrective actions include repairing 

protective treatments, removing 

corrosion, and replacing the bogie stop 

pad if necessary. For airplanes on which 

a crack or deformation in the bogie 

beam is found, corrective actions 

include contacting Messier-Dowty 

Limited and/or Airbus for instructions 

for repair, and repairing before further 

flight. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Airbus has issued the service 

bulletins identified in the following 

table: 

TABLE—SERVICE INFORMATION

For model— Use Airbus Mandatory Service 

Bulletin— Dated— 

A330–201, –202, –203, –223, –243, –301, –302, –303, –321, 

–322, –323, –341, –342, –343 series airplanes.

A330–32–3220 ........................... October 10, 2008. 

A340–211, –212, –213, –311, –312, –313 series airplanes ........... A340–32–4264 ........................... October 10, 2008. 

A340–541, –642 airplanes ............................................................... A340–32–5087 ........................... October 10, 2008. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This 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 52 products of U.S. registry. 

We also estimate that it would take 

about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$8,320, or $160 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 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–2009–0782; 

Directorate Identifier 2009–NM–011–AD. 

Comments Due Date 

(a) We must receive comments by October 

5, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A330– 

201, –202, –203, –223, –243, –301, –302, 

–303, –321, –322, –323, –341, –342, and –343 

series airplanes; and Model A340–211, –212, 

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


pwalker on DSK8KYBLC1PROD with PROPOSALS
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules 45783 

A340–541 and –642 airplanes; all serial 

numbers; certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

‘‘During a scheduled maintenance 

inspection on the MLG [main landing gear], 

the bogie stop pad was found deformed and 

cracked. Upon removal of the bogie stop pad 

for replacement, the bogie beam was also 

found cracked. 

‘‘Laboratory investigation indicates that an 

overload event has occurred and no fatigue 

propagation of the crack was evident. An 

investigation is still underway to establish 

the root cause of this overload. 

‘‘A second bogie beam crack has 

subsequently been found on another aircraft, 

located under a bogie stop pad which only 

had superficial paint damage. 

‘‘This condition, if not detected and 

corrected, could result in the aircraft 

departing the runway or to the bogie 

detaching from the aircraft or gear collapses, 

which would all constitute unsafe conditions 

at speeds above 30 knots. 

‘‘As a precautionary measure, this AD 

requires detailed inspections under the bogie 

stop pad of both MLG bogie beams and, in 

case deformation or damage is detected, to 

apply the associated repair.’’ 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) At the applicable compliance time 

specified in paragraph (f)(1)(i), (f)(1)(ii), 

(f)(1)(iii), (f)(1)(iv), (f)(1)(v), or (f)(1)(vi) of this 

AD, perform one-time detailed inspections of 

both main landing gear bogie beams in the 

region of the bogie stop pad for detection of 

deformation and damage, and apply the 

applicable corrective actions, in accordance 

with instructions defined in the Airbus 

mandatory service bulletins listed in Table 1 

of this AD, as applicable. Do all applicable 

corrective actions before further flight. 

(i) Airplanes with 22 months or less and 

2,500 flight cycles or less from the first flight 

with the original bogie beam as of the 

effective date of this AD: Not earlier than 

2,500 flight cycles or 22 months on the 

original bogie beam, whichever occurs first, 

but not later than 40 months from first flight. 

(ii) Airplanes with 22 months or less and 

2,500 flight cycles or less on a new bogie 

beam installed in service as of the effective 

date of this AD: Not earlier than 2,500 flight 

cycles or 22 months on the new bogie beam, 

whichever occurs first, but no later than 40 

months from the installation of a new bogie 

beam in service. 

(iii) Airplanes with 22 months or less and 

2,500 flight cycles or less on an overhauled 

bogie beam as of the effective date of this AD: 

Not earlier than 2,500 flight cycles or 22 

months on the overhauled bogie beam, 

whichever occurs first, but no later than 40 

months from the last overhaul. 

(iv) Airplanes with more than 22 months 

or more than 2,500 flight cycles from the first 

flight with the original bogie beam, as of the 

effective date of this AD: Within 18 months 

after the effective date of this AD. 

(v) Airplanes with more than 22 months or 

more than 2,500 flight cycles on a new bogie 

beam installed in service, as of the effective 

date of this AD: Within 18 months after the 

effective date of this AD. 

(vi) Airplanes with more than 22 months 

or more than 2,500 flight cycles on an 

overhauled bogie beam, as of the effective 

date of this AD: Within 18 months after the 

effective date of this AD. 

TABLE 1—SERVICE BULLETINS

For model— Use Airbus Mandatory Service 

Bulletin— Dated— 

A330–201, –202, –203, –223, –243, –301, –302, –303, –321, 

–322, –323, –341, –342, –343 series airplanes.

A330–32–3220 ........................... October 10, 2008. 

A340–211, –212, –213, –311, –312, –313 series airplanes ........... A340–32–4264 ........................... October 10, 2008. 

A340–541, –642 airplanes ............................................................... A340–32–5087 ........................... October 10, 2008. 

(2) Report the results, including no 

findings of the inspection required by 

paragraph (f)(1) of this AD, to Airbus, 

Customer Services Directorate, 

1 Rond Point Maurice Bellonte, 31707 

Blagnac Cedex France; Attn: SEDCC1 

Technical Data and Documentation Services; 

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

sb.reporting@airbus.com; at the applicable 

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

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

(i) If the inspection is done on or after the 

effective date of this AD: Submit the report 

within 30 days after the inspection. 

(ii) If the inspection was accomplished 

prior to the effective date of this AD: Submit 

the report within 30 days after the effective 

date of this AD. 

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, 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 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 EASA Airworthiness 

Directive 2008–0223, dated December 15, 

2008, and the Airbus mandatory service 

bulletins listed in Table 1 of this AD, for 

related information. 

Issued in Renton, Washington, on August 

26, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–21317 Filed 9–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0784; Directorate 

Identifier 2009–NM–109–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400 Series 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 


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