53156 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 

(f) For operators using ‘‘Multiple Flight 

Profile Monitoring’’ (Flight Profiles ‘‘A’’ 

through ‘‘F’’), remove HP compressor rotor 

rear stage 5 and 6 discs and cone shafts from 

service at or before accumulating 5,000 

‘‘Standard Duty Cycles’’. Guidance on 

‘‘Multiple Flight Profile Monitoring’’ can be 

found in the Aircraft Maintenance Manual, 

Chapter 70–01–10. 

(g) For operators using ‘‘Heavy Flight 

Profile Monitoring’’, remove HP compressor 

rotor rear stage 5 and 6 discs and cone shafts 

from service at or before accumulating 5,000 

‘‘Flight Cycles’’. Guidance on ‘‘Heavy Flight 

Profile Monitoring’’ can be found in the 

Aircraft Maintenance Manual, Chapter 70– 

01–10. 

Alternative Methods of Compliance 

(h) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(i) Contact James Lawrence, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803, e-mail james.lawrence@faa.gov; 

telephone (781) 238–7176; fax (781) 238– 

7199, for more information about this AD. 

(j) European Aviation Safety Agency AD 

2007–0004, dated January 8, 2007, also 

addresses the subject of this AD. 

(k) Rolls-Royce plc Alert Service Bulletin 

No. RB.211–72–AE082, Revision 7, dated 

June 18, 2008, pertains to the subject of this 

AD. Contact Rolls-Royce plc, P.O. Box 31, 

Derby, DE24 8BJ, UK, telephone 44 (0) 1332 

242424; fax 44 (0) 1332 249936, for a copy 

of this service information. 

(l) Contact Boeing Commercial Airplanes, 

P.O. Box 3707, Seattle, Washington 98124– 

2207, for a copy of the Aircraft Maintenance 

Manual referenced in this AD. 

Material Incorporated by Reference 

(m) None. 

Issued in Burlington, Massachusetts, on 

October 8, 2009. 

Diane S. Romanosky, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–24855 Filed 10–15–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0907; Directorate 

Identifier 2009–NM–072–AD; Amendment 

39–16042; AD 2009–21–05] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A340–200 and –300 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: 

An A340–300 aeroplane experienced the 

opening of the engine n°3 lower left thrust 

reverser pivoting door during climb. 

This event was the result of a primary lock 

malfunction and non-engagement of the 

secondary lock. 

* * * * * 

Deployment of one thrust reverser door in 

flight and during the take-off constitutes an 

unsafe condition. 

* * * * * 

Deployment of one thrust reverser door 

in flight or during take-off could result 

in reduced controllability of the 

airplane. This AD requires actions that 

are intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

November 2, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain document listed in the AD 

as of November 2, 2009. 

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 

W12–40, 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, 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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2009–0063, 

dated March 11, 2009, and corrected 

March 20, 2009 (referred to after this as 

‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

An A340–300 aeroplane experienced the 

opening of the engine n°3 lower left thrust 

reverser pivoting door during climb. 

This event was the result of a primary lock 

malfunction and non-engagement of the 

secondary lock. 

Preliminary investigations have revealed 

two main findings: 

—The primary lock lever arm of the affected 

door was contaminated with lubrication 

fluid, which is a known contributor to 

incorrect operation; 

—The actuator of the deployed door was 

found with 3 shim sets installed whereas 

the system is designed for a maximum of 

one shim set. It is considered that 

installation of three shim sets has a 

detrimental effect on the secondary lock 

capacity to engage in case of primary lock 

failure. 

Deployment of one thrust reverser door in 

flight and during the take-off constitutes an 

unsafe condition. 

In order to ensure that the fleet is clear 

from unauthorized actuator shimming 

configurations which may lead to nonengagement of the secondary lock, EASA AD 

2008–0074 required a one-time visual 

inspection to check that no more than one 

shim set per pivoting door actuator was 

installed. 


CPrice-Sewell on DSKDVH8Z91PROD with RULES
Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 53157 

Another A340–300 experienced a similar 

event after the publication of AD 2008–0074. 

Airbus and CFM are currently investigating 

the root cause. 

As a consequence, Airbus has defined a 

one-time inspection programme [for defects] 

to decrease the thrust reverser sensitivity to 

primary lock release. 

This AD requires the accomplishment of a 

one-time [detailed] inspection programme 

which consists in [the following actions]: 

—Primary lock inspection [for improper 

locking], 

—Pivoting door seal inspection [for defective 

seal], 

—Pivoting door actuator gimbal gap 

inspection [for gaps exceeding limits], 

—Pivoting door hydraulic actuators 

inspection to check that one shim set is 

installed (consequently [EASA] AD 2008– 

0074, which required to check the 

installation of one shim set only per 

pivoting door actuator, is superseded by 

this [EASA] AD [2009–0063]), 

—Pivoting door adjustment [to ensure proper 

operation of pivoting door], and their 

associated corrective actions. 

Further mandatory action is foreseen 

(introduction of Additional Return Line 

restrictor on external engines). 

* * * * * 

Deployment of one thrust reverser door 

in flight or during take-off could result 

in reduced controllability of the 

airplane. Corrective actions include 

replacing with new or serviceable parts 

the thrust reverser pivoting door 

primary lock, the thrust reverser 

pivoting door, and the thrust reverser 

pivoting door actuator; removing excess 

shims from the thrust reverser pivoting 

door actuator or adding a shim; and 

adjusting the thrust reverser pivoting 

door. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Airbus has issued All Operators Telex 

A340–78A4040, dated February 18, 

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 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–2009–0907; 

Directorate Identifier 2009–NM–072– 

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: 

2009–21–05 Airbus: Amendment 39–16042. 

Docket No. FAA–2009–0907; Directorate 

Identifier 2009–NM–072–AD. 


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53158 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective November 2, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A340– 

211, –212, and –213 series airplanes; and 

Model A340–311, –312, and –313 series 

airplanes; certificated in any category; all 

manufacturer serial numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 78: Engine exhaust. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

An A340–300 aeroplane experienced the 

opening of the engine n°3 lower left thrust 

reverser pivoting door during climb. 

This event was the result of a primary lock 

malfunction and non-engagement of the 

secondary lock. 

Preliminary investigations have revealed 

two main findings: 

—The primary lock lever arm of the affected 

door was contaminated with lubrication 

fluid, which is a known contributor to 

incorrect operation; 

—The actuator of the deployed door was 

found with 3 shim sets installed whereas 

the system is designed for a maximum of 

one shim set. It is considered that 

installation of three shim sets has a 

detrimental effect on the secondary lock 

capacity to engage in case of primary lock 

failure. Deployment of one thrust reverser 

door in flight and during the take-off 

constitutes an unsafe condition. 

In order to ensure that the fleet is clear 

from unauthorized actuator shimming 

configurations which may lead to nonengagement of the secondary lock, EASA AD 

2008–0074 required a one-time visual 

inspection to check that no more than one 

shim set per pivoting door actuator was 

installed. 

Another A340–300 experienced a similar 

event after the publication of AD 2008–0074. 

Airbus and CFM are currently investigating 

the root cause. 

As a consequence, Airbus has defined a 

one-time inspection programme [for defects] 

to decrease the thrust reverser sensitivity to 

primary lock release. 

This AD requires the accomplishment of a 

one-time [detailed] inspection programme 

which consists in [the following actions]: 

—Primary lock inspection [for improper 

locking], 

—Pivoting door seal inspection [for defective 

seal], 

—Pivoting door actuator gimbal gap 

inspection [for gaps exceeding limits], 

—Pivoting door hydraulic actuators 

inspection to check that one shim set is 

installed (consequently [EASA] AD 2008– 

0074, which required to check the 

installation of one shim set only per 

pivoting door actuator, is superseded by 

this [EASA] AD [2009–0063]), 

—Pivoting door adjustment [to ensure proper 

operation of pivoting door], and their 

associated corrective actions. 

Further mandatory action is foreseen 

(introduction of Additional Return Line 

restrictor on external engines). 

* * * * * 

Deployment of one thrust reverser door in 

flight or during take-off could result in 

reduced controllability of the airplane. 

Corrective actions include replacing with 

new or serviceable parts the thrust reverser 

pivoting door primary lock, the thrust 

reverser pivoting door, and the thrust 

reverser pivoting door actuator; removing 

excess shims from the thrust reverser 

pivoting door actuator or adding a shim; and 

adjusting the thrust reverser pivoting door. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 1,800 flight hours after the 

effective date of this AD, do the detailed 

inspections for the discrepancies identified 

in paragraphs (f)(1)(i), (f)(1)(ii), (f)(1)(iii), 

(f)(1)(iv), and (f)(1)(v) of this AD, in 

accordance with the applicable paragraph of 

Airbus All Operators Telex A340–78A4040, 

dated February 18, 2009 (‘‘the AOT’’). 

(i) Improper locking of the thrust reverser 

pivoting door primary lock as specified in 

paragraph 4.2.1 of the AOT. 

(ii) Defects of the thrust reverser pivoting 

door seal as specified in paragraph 4.2.2 of 

the AOT. 

(iii) Gaps exceeding limits of the thrust 

reverser pivoting door actuator gimbal as 

specified in paragraph 4.2.3 of the AOT. 

(iv) Incorrect number of shim sets is 

installed on the thrust reverser pivoting door 

hydraulic actuator as specified in paragraph 

4.2.4 of the AOT. 

(v) Incorrect adjustment of the thrust 

reverser pivoting door as specified in 

paragraph 4.2.5 of the AOT. 

(2) If any discrepancy is found during the 

inspections required by paragraph (f)(1) of 

this AD, before further flight, do all 

applicable corrective actions required by 

paragraphs (f)(2)(i), (f)(2)(ii), (f)(2)(iii), 

(f)(2)(iv), and (f)(2)(v) of this AD, in 

accordance with the applicable paragraph of 

Airbus All Operators Telex A340–78A4040, 

dated February 18, 2009 (‘‘the AOT’’); except 

that if a replacement actuator is not available, 

the airplane may be dispatched with the 

thrust reverser inhibited per Master 

Minimum Equipment List reference 2.10. 

(i) Replace the thrust reverser pivoting 

door primary lock with a new or serviceable 

thrust reverser pivoting door primary lock in 

accordance with paragraph 4.2.1 of the AOT. 

(ii) Replace the thrust reverser pivoting 

door with a new or serviceable thrust 

reverser pivoting door in accordance with 

paragraph 4.2.2 of the AOT. 

(iii) Replace the thrust reverser pivoting 

door actuator with a new or serviceable 

thrust reverser pivoting door actuator in 

accordance with paragraph 4.2.3 of the AOT. 

(iv) Remove excess shims from the thrust 

reverser pivoting door actuator or add a shim 

in accordance with paragraph 4.2.4 of the 

AOT. 

(v) Adjust the thrust reverser pivoting door 

in accordance with paragraph 4.2.5 of the 

AOT. 

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. 

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 Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency (EASA) 

Airworthiness Directive 2009–0063, dated 

March 11, 2009, and corrected March 20, 

2009; and Airbus All Operators Telex A340– 

78A4040, dated February 18, 2009; for 

related information. 

Material Incorporated by Reference 

(i) You must use Airbus All Operators 

Telex A340–78A4040, dated February 18, 

2009, to do the actions required by this AD, 

unless the AD specifies otherwise. (The issue 

date of this document is specified only on the 

first page of the 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. 


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Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 53159 

(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 30, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–24447 Filed 10–15–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0247; Directorate 

Identifier 2009–NE–07–AD; Amendment 39– 

16040; AD 2009–21–03] 

RIN 2120–AA64 

Airworthiness Directives; Hamilton 

Sundstrand Power Systems T–62T– 

46C12 Auxiliary Power Units 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for 

Hamilton Sundstrand Power Systems 

T–62T–46C12 auxiliary power units 

(APUs). This AD requires upgrading the 

software in the APU full-authority 

digital controller (FADEC) from software 

version 02.01.000 to version 03.00.000. 

This AD results from two reports of 

APU compartment explosions due to 

over-fueling of the APU at low 

revolutions-per-minute during the start 

sequence. We are issuing this AD to 

prevent over-fueling of the APU during 

the start sequence, which could lead to 

fuel explosions, injury, and damage to 

the APU and the airplane. 

DATES: This AD becomes effective 

November 20, 2009. The Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulations as 

of November 20, 2009. 

ADDRESSES: You can get the service 

information identified in this AD from 

Hamilton Sundstrand Technical 

Publications, One Hamilton Road, Mail 

Stop: 1A–3–Z63, Windsor Locks, CT 

06096–1010; telephone (860) 654–3575. 

The Docket Operations office is 

located at Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

Roger Pesuit, Aerospace Engineer, Los 

Angeles Aircraft Certification Office, 

FAA, Transport Airplane Directorate, 

3960 Paramount Blvd., Lakewood, CA 

90712; e-mail: roger.pesuit@faa.gov; 

telephone (562) 627–5251, fax (562) 

627–5210. 

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

a proposed AD. The proposed AD 

applies to Hamilton Sundstrand Power 

Systems T–62T–46C12 APUs. We 

published the proposed AD in the 

Federal Register on April 13, 2009 (74 

FR 16811). That action proposed to 

require upgrading the software in the 

APU FADEC from software version 

02.01.000 to version 03.00.000. 

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 provided in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comment received. 

One commenter states that we should 

reference Revision 2 of Hamilton 

Sundstrand Power Systems Service 

Bulletin (SB) No. 4503067–49–12 

instead of referencing Revision 1 of that 

SB. Revision 1 had a technical error in 

it that prevented loading the software 

change. 

We agree. We changed the AD to 

reference Revision 2 of the SB. 

Conclusion 

We have carefully reviewed the 

available data, including the comment 

received, and determined that air safety 

and the public interest require adopting 

the AD with the change described 

previously. We have determined that 

this change will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

We estimate that this AD will affect 

59 Hamilton Sundstrand Power Systems 

T–62T–46C12 APUs installed on 

airplanes of U.S. registry. We also 

estimate that it will take about three 

work-hours per APU to perform the 

actions, and that the average labor rate 

is $80 per work-hour. There is no 

required part cost. Based on these 

figures, we estimate the total cost of the 

AD to U.S. operators to be $14,160. 

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 have 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 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. 

We prepared a summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary at the address listed 

under ADDRESSES. 


CPrice-Sewell on DSKDVH8Z91PROD with RULES