1538 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 

contact Boeing for appropriate action: Before 

further flight, repair the crack using a method 

approved in accordance with the procedures 

specified in paragraph (i) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), 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: 

Nancy Marsh, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6440; fax (425) 917–6590. Or, email information to 9-ANM-Seattle-ACOAMOC-Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. 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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(j) You must use Boeing Alert Service 

Bulletin 737–57A1294, dated April 23, 2007, 

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 Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.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 23, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–31286 Filed 1–11–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1230; Directorate 

Identifier 2009–NM–088–AD; Amendment 

39–16165; AD 2010–01–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus (Type 

Certificate Previously Held by Airbus 

Industrie) Model A340–200, –300, –500, 

and –600 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

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: 

* * * * * 

* * * Revision 00 of AIRBUS A340 ALS 

[Airworthiness Limitations Section] Part 3: 

—adds new CMR (Certification Maintenance 

Requirements) tasks associated with 

modifications, 

—revises the applicability of some CMR 

tasks, 

—revises some CMR tasks with increased 

intervals, 

—revises a CMR task with a more restrictive 

interval, 

—deletes CMR task 282300–B0002–1–C 

* * *. 

Some of those changes constitute more 

restrictive requirements for aeroplane 

configuration already in service. Failure to 

comply with this Revision 00 of AIRBUS 

A340 ALS Part 3 constitutes an unsafe 

condition. 

* * * * * 

The unsafe condition is a safetysignificant latent failures that would, in 

combination with one or more other 

specific failures or events, result in a 

hazardous or catastrophic failure 

condition. This AD requires actions that 

are intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

January 27, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of January 27, 2010. 

We must receive comments on this 

AD by February 26, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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 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, 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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2009–0098, 

dated April 22, 2009 (referred to after 

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

condition for the specified products. 

The MCAI states: 

The Certification Maintenance 

Requirements (CMR) were given in the 

AIRBUS A340 CMR Document reference 

955.3019/92 up to revision 15, which was 

mandated by EASA AD 2007–0240, and 

referenced in the Airworthiness Limitations 

Section (ALS) Part 3. The content of the CMR 

Document has been recently transferred into 

the ALS Part 3 Revision 00, which is 

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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 1539 

approved by the European Aviation Safety 

Agency (EASA). 

This Revision 00 of AIRBUS A340 ALS 

Part 3: 

—adds new CMR tasks associated with 

modifications, 

—revises the applicability of some CMR 

tasks, 

—revises some CMR tasks with increased 

intervals, 

—revises a CMR task with a more restrictive 

interval, 

—deletes CMR task 282300–B0002–1–C 

which is the subject of EASA AD 2007– 

0279. 

Some of those changes constitute more 

restrictive requirements for aeroplane 

configuration already in service. Failure to 

comply with this Revision 00 of AIRBUS 

A340 ALS Part 3 constitutes an unsafe 

condition. This new AD * * * requires the 

implementation of Revision 00 of AIRBUS 

A340 ALS Part 3. 

The unsafe condition is a safetysignificant latent failures that would, in 

combination with one or more other 

specific failures or events, result in a 

hazardous or catastrophic failure 

condition. This AD requires revising the 

ALS of the Instructions for Continued 

Airworthiness by incorporating new and 

revised CMRs. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Airbus has issued A340 ALS, Part 3— 

Certification Maintenance Requirements 

(CMR), Revision 00, including 

Appendices 1 and 2, dated July 31, 

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 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 issuing this 

AD because we evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

There are no products of this type 

currently registered in the United States. 

However, this rule is necessary to 

ensure that the described unsafe 

condition is addressed if any of these 

products are placed on the U.S. Register 

in the future. 

Differences Between the 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 FAA policies. 

Any such differences are highlighted in 

a Note within the AD. 

FAA’s Determination of the Effective 

Date 

Since there are currently no domestic 

operators of this product, notice and 

opportunity for public comment before 

issuing this AD are unnecessary. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–1230; 

Directorate Identifier 2009–NM–088– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of 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 AD. 

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. 

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: 

2010–01–07 Airbus (Type Certificate 

Previously Held by Airbus Industrie): 

Amendment 39–16165. Docket No. 

FAA–2009–1230; Directorate Identifier 

2009–NM–088–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective January 27, 2010. 

Affected ADs 

(b) None. 

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1540 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 

Applicability 

(c) This AD applies to all Airbus (Type 

Certificate previously held by Airbus 

Industrie) Model A340–211, –212, –213, 

–311, –312, –313, –541, and –642 series 

airplanes; certificated in any category; all 

serial numbers. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance according 

to paragraph (g)(1) of this AD. The request 

should include a description of changes to 

the required inspections that will ensure the 

continued damage tolerance of the affected 

structure. The FAA has provided guidance 

for this determination in Advisory Circular 

(AC) 25–1529–1. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 05. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

The Certification Maintenance 

Requirements (CMR) were given in the 

AIRBUS A340 CMR Document reference 

955.3019/92 up to revision 15, which was 

mandated by EASA AD 2007–0240, and 

referenced in the Airworthiness Limitations 

Section (ALS) Part 3. The content of the CMR 

Document has been recently transferred into 

the ALS Part 3 Revision 00, which is 

approved by the European Aviation Safety 

Agency (EASA). 

This Revision 00 of AIRBUS A340 ALS 

Part 3: 

—adds new CMR tasks associated with 

modifications, 

—revises the applicability of some CMR 

tasks, 

—revises some CMR tasks with increased 

intervals, 

—revises a CMR task with a more restrictive 

interval, 

—deletes CMR task 282300–B0002–1–C 

which is the subject of EASA AD 2007– 

0279. 

Some of those changes constitute more 

restrictive requirements for aeroplane 

configuration already in service. Failure to 

comply with this Revision 00 of AIRBUS 

A340 ALS Part 3 constitutes an unsafe 

condition. This new AD * * * requires the 

implementation of Revision 00 of AIRBUS 

A340 ALS Part 3. 

The unsafe condition is a safety-significant 

latent failure that would, in combination 

with one or more other specific failures or 

events, result in a hazardous or catastrophic 

failure condition. This AD requires revising 

the ALS of the Instructions for Continued 

Airworthiness by incorporating new and 

revised CMRs. 

Actions and Compliance 

(f) Unless already done, within 3 months 

after the effective date of this AD, revise the 

ALS of the Instructions for Continued 

Airworthiness by incorporating Airbus A340 

ALS, Part 3—Certification Maintenance 

Requirements (CMR), Revision 00, dated July 

31, 2008 (‘‘ALS, Part 3’’). Accomplish the 

actions specified in the ALS, Part 3, at the 

times specified in the ALS, Part 3, and in 

accordance with the ALS, Part 3, except as 

provided by paragraphs (f)(1) and (f)(2) of 

this AD. 

(1) Count the associated interval for any 

new task from the effective date of this AD, 

except that Airbus A340 CMR Task 212100– 

00001–1–C must be performed at the later of 

the times specified in paragraphs (f)(1)(i) and 

(f)(1)(ii) of this AD. 

(i) Before the accumulation of 2,600 total 

flight hours since the date of issuance of the 

original French airworthiness certificate or 

the date of issuance of the original French or 

EASA export certificate of airworthiness. 

(ii) Within 800 flight hours or 3 months, 

whichever comes first, after the approval date 

of Revision 00 of the ALS, Part 3. 

(2) Count the associated interval for any 

revised task from the previous performance 

of the task. 

(3) Doing the revision required by 

paragraph (f) of this AD terminates the 

requirements of paragraph (f) of AD 2007– 

05–08, Amendment 39–14969, for that 

airplane only. 

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, 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 

(44 U.S.C. 3501 et seq.), 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 Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2009–0098, dated 

April 22, 2009; and Airbus A340 ALS, Part 

3—Certification Maintenance Requirements 

(CMR), Revision 00, dated July 31, 2008; for 

related information. 

Material Incorporated by Reference 

(i) You must use Airbus A340 ALS, Part 

3—Certification Maintenance Requirements 

(CMR), Revision 00, including Appendices 1 

and 2, dated July 31, 2008, to do the actions 

required by this AD, unless the AD specifies 

otherwise. (The title page of this document 

does not specify a revision date; the revision 

date is specified on all other pages of the 

document. Only the title page and the Record 

of Revisions specify the revision level of this 

document.) 

(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 

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 23, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–31287 Filed 1–11–10; 8:45 am] 

BILLING CODE 4910–13–P 

POSTAL SERVICE 

39 CFR Part 111 

Treatment of Undeliverable Books and 

Sound Recordings 

AGENCY: Postal Service TM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

Mailing Standards of the United States 

WReier-Aviles on DSKGBLS3C1PROD with RULES