50686 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 

Issued in Renton, Washington, on 

September 18, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–23509 Filed 9–30–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0293; Directorate 

Identifier 2008–NM–221–AD; Amendment 

39–16035; AD 2009–20–12] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–100, –100B, –100B SUD, 

–200B, –200C, –200F, –300, –400, 

–400D, –400F, and 747SR Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 747 airplanes identified 

above. This AD requires replacing the 

inboard trailing edge (TE) flap 

transmission carbon disk no-back brakes 

with skewed roller no-back brakes at the 

TE flap transmission, positions 4 and 5. 

This AD results from reports of the 

inboard TE flaps blowing back due to 

the failure of a transmission carbon disk 

no-back brake. The no-back brake did 

not hold the TE flaps in the commanded 

position. We are issuing this AD to 

prevent a decrease of the aerodynamic 

controllability of the airplane, which 

could adversely affect the airplane’s 

continued safe flight and landing. 

DATES: This AD is effective November 5, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 5, 2009. 

ADDRESSES: 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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility 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 address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Tsuji, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6487; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Boeing Model 747 Airplanes. 

That NPRM was published in the 

Federal Register on April 1, 2009 (74 FR 

14750). That NPRM proposed to require 

replacing the inboard trailing edge (TE) 

flap transmission carbon disk no-back 

brakes with skewed roller no-back 

brakes at the TE flap transmission, 

positions 4 and 5. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received from 

the three commenters. 

Support for the NPRM 

Boeing concurs with the contents of 

the NPRM. 

Clarification of Criteria for AD 

Lufthansa has doubts that all criteria 

for the issuance of an AD are met. The 

commenter states that there is no 

comprehensible technical background. 

We infer that the commenter is 

requesting that we withdraw the NPRM. 

We disagree. Although Boeing Special 

Attention Service Bulletin 747–27– 

2422, dated October 30, 2008, states that 

‘‘since 1999, four operators have 

reported that the inboard TE flaps blew 

back due to the failure of a transmission 

carbon disk no-back brake,’’ there have 

been ten reports of failed inboard and 

outboard carbon disk no-back brakes 

since 1973, and six reports since 1999. 

Nine of the reports were for the inboard 

no-back, and one for an outboard noback. All of the failures (i.e., 

uncommanded blowbacks) occurred at a 

sufficient altitude for the pilots to react 

and control the airplane. As a result of 

these events, Boeing conducted 

extensive lab tests to check the wear 

properties and friction characteristics of 

new and used carbon disk brakes. The 

tests revealed a wide variation in 

friction capability but no wear 

correlation between friction coefficient 

and the number of cycles. Therefore, the 

carbon brake may be ineffective 

regardless of wear. Because of the test 

results and the number of events that 

have occurred in the fleet, we find it 

was necessary to proceed with issuing 

this AD to ensure the safety of the fleet. 

Request to Include an Optional Method 

of Compliance 

Lufthansa requests that we include a 

repetitive D-Check shop overhaul (with 

updated procedures, if necessary) as an 

optional method of compliance to the 

proposed modification. Lufthansa states 

that no-back brakes are removed every 

6 years during D-Check and are 

overhauled in accordance with the latest 

Boeing overhaul manuals. Lufthansa 

states that since 1995 there have been 

no failures of the brake system, or a flap 

blow back event (which Lufthansa states 

is extremely improbable due to the fact 

that a simultaneous double failure has 

to exist). With the above-mentioned 

overhaul and an additional maintenance 

task, Lufthansa states that it is reducing 

if not even excluding the risk of a 

double failure. Lufthansa requests a 

compliance time of 8 years for the first 

D-check, 8 years for the second D-check, 

and 6 years for subsequent D-checks. 

We do not agree with the commenter’s 

request to include an optional method 

of compliance. Based on the results of 

Boeing’s extensive testing of carbon disk 

brakes, the carbon brakes may be 

ineffective regardless of wear. Therefore, 

overhauling the carbon brakes at Dcheck intervals would not adequately 

address the unsafe condition. In 

addition, we do not consider that the 

brake system failure—which involves a 

latent failure of the no-back brake, 

combined with an active failure of the 

flap drive system—is extremely 

improbable. No change to this AD is 

necessary. 

Request to Delay Issuing Final Rule 

Japan Airlines (JAL) requests that we 

issue the AD after Revision 1 of Boeing 

Service Bulletin 747–27–2422 is 

available. The NPRM cited Boeing 

Special Attention Service Bulletin 747– 

27–2422, dated October 30, 2008, as the 

appropriate source of service 

information for installing the skewed 

roller no-back brakes at the trailing edge 

flap transmission. JAL requests that 

Boeing amend Service Bulletin 747–27– 

2422 to improve Figure 3 to show part 

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Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 50687 

numbers and the assembly sequence. 

JAL adds that Boeing is considering 

issuing Revision 1. 

We agree that adding part numbers 

and the assembly sequence to Figure 3 

in Boeing Service Bulletin 747–27– 

2422, dated October 30, 2008, may be 

beneficial. However, we do not consider 

that delaying the final rule until after 

the release of a future service bulletin 

revision is warranted. Boeing Service 

Bulletin 747–27–2422, dated October 

30, 2008, already includes sufficient 

information to install the skewed roller 

no-back brakes at the trailing edge flap 

transmission within the compliance 

time. However, paragraph (h) of the 

final rule provides operators the 

opportunity to request an AMOC or an 

extension of the compliance time if data 

are presented to justify such an 

extension. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

We estimate that this AD would affect 

249 airplanes of U.S. registry. The 

following table provides the estimated 

costs for U.S. operators to comply with 

this AD. 

TABLE—ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Replacement ............................................ 25 $80 $60,670 $62,670 249 $15,604,830 

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 

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 that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance 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: 

2009–20–12 Boeing: Amendment 39–16035. 

Docket No. FAA–2009–0293; Directorate 

Identifier 2008–NM–221–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective November 5, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 747– 

100, –100B, –100B SUD, –200B, –200C, 

–200F, –300, –400, –400D, –400F, and 747SR 

series airplanes, certificated in any category; 

as identified in Boeing Special Attention 

Service Bulletin 747–27–2422, dated October 

30, 2008. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Unsafe Condition 

(e) This AD results from reports of the 

inboard trailing edge (TE) flaps blowing back 

due to the failure of a transmission carbon 

disk no-back brake. The no-back brake did 

not hold the flaps in the commanded 

position. The Federal Aviation 

Administration is issuing this AD to prevent 

a decrease of the aerodynamic controllability 

of the airplane, which could adversely affect 

the airplane’s continued safe flight and 

landing. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Corrective Action 

(g) Within 5 years after the effective date 

of this AD, replace the trailing edge flap 

transmission no-back brakes with skewed 

roller no-back brakes at the trailing edge flap 

transmission, positions 4 and 5, in 

accordance with Boeing Special Attention 

Service Bulletin 747–27–2422, dated October 

30, 2008. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(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: 

Douglas Tsuji, Aerospace Engineer, Systems 

and Equipment Branch, ANM–130S, FAA, 

Seattle Aircraft Certification Office, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6487; fax 

(425) 917–6590. 

(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 

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50688 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 

(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. 

Material Incorporated by Reference 

(i) You must use Boeing Special Attention 

Service Bulletin 747–27–2422, dated October 

30, 2008, 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 

September 18, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–23555 Filed 9–30–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0897; Directorate 

Identifier 2009–CE–048–AD; Amendment 

39–16036; AD 2009–20–13] 

RIN 2120–AA64 

Airworthiness Directives; Glaser-Dirks 

Flugzeugbau GmbH Model DG–100 

Gliders 

AGENCY: Federal Aviation 

Administration (FAA), 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) 

issued by the 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 pre-flight inspection of a DG–100 

sailplane, a rod end of the aileron control 

push-rod at the control column was found 

broken. 

The investigation revealed that the broken 

rod end was made of machining steel as 

initially used in the first years at GlaserDirks. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

October 21, 2009. 

On October 21, 2009, the Director of 

the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive comments on this 

AD by November 16, 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 

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

Washington, DC 20590, 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 Management Facility 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 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: Greg 

Davison, Glider Program Manager, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 

329–4090. 

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 

Emergency AD No.: 2009–0167–E, dated 

July 30, 2009 (referred to after this as 

‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

During a pre-flight inspection of a DG–100 

sailplane, a rod end of the aileron control 

push-rod at the control column was found 

broken. 

The investigation revealed that the broken 

rod end was made of machining steel as 

initially used in the first years at GlaserDirks. 

This new Airworthiness Directive (AD) 

mandates inspection and as necessary 

replacement of the control column rod ends 

with high-strength steel rod ends. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

DG Flugzeugbau GmbH has issued 

Technical note No. 301/25, 323/16, Rev. 

1, dated August 4, 2009. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of the 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 this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all 

information provided by the State of 

Design Authority and determined the 

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 have also required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are described in a 

separate paragraph of the AD. These 

requirements take precedence over 

those copied from the MCAI. 

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