This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

26881 

Vol. 75, No. 92 

Thursday, May 13, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0476; Directorate 

Identifier 2010–NM–036–AD; Amendment 

39–16298; AD 2010–10–19] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A340–200 and A340–300 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 that supersedes an 

existing AD. 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: 

* * * * * 

Engineering analysis using the new 

calculated loads has shown that the 

structural integrity of the forward engine 

mount cannot be guaranteed after either 

thrust link has accumulated 15500 Flight 

Cycles (FC). 

* * * * * 

A loss of structural integrity of the 

forward engine mounts could lead to the 

loss of the load path for the forward 

engine mount and damage to other 

engine mount structures, which could 

result in failure of the forward engine 

mount, possible separation of the engine 

from the airplane, damage to the wing, 

or loss of control of the airplane. This 

AD requires actions that are intended to 

address the unsafe condition described 

in the MCAI. 

DATES: This AD becomes effective May 

28, 2010. 

On January 29, 2010 (75 FR 2057, 

January 14, 2010), the Director of the 

Federal Register approved the 

incorporation by reference of a certain 

publication listed in this AD. 

We must receive comments on this 

AD by June 28, 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 

On December 30, 2009, we issued AD 

2010–02–03, Amendment 39–16174 (75 

FR 2057, January 14, 2010). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2010–02–03, 

Airbus requested that we clarify the 

compliance time for airplanes with 

thrust links for which the part history is 

partial or unknown as specified in 

paragraph (g)(1)(ii) of the original AD. 

Airbus notes that Airbus Mandatory 

Service Bulletin A340–71–4006, 

Revision 01, dated May 14, 2009, 

calculates the limits using flight cycles. 

We have revised paragraph (g)(1)(ii) of 

this AD to refer to a compliance time 

specified in flight cycles accordingly. 

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 


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26882 Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Rules and Regulations 

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–2010–0476; 

Directorate Identifier 2010–NM–036– 

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 

removing Amendment 39–16174 (75 FR 

2057, January 14, 2010) and adding the 

following new AD: 

2010–10–19 Airbus: Amendment 39–16298. 

Docket No. FAA–2010–0476, Directorate 

Identifier 2010–NM–036–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 28, 2010. 

Affected ADs 

(b) This AD supersedes AD 2010–02–03, 

Amendment 39–16174. 

Applicability 

(c) This AD applies to Airbus Model A340– 

211, –212, –213, –311, –312, and –313 

airplanes, all manufacturer serial numbers; 

certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 71: Powerplant. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

‘‘A recent review of the A340–200/300 fleet 

has shown that the current utilization rate of 

the aeroplanes is different from the 

assumptions used at the time of A340 initial 

certification. New calculations have been 

performed taking into account an updated 

mission profile to determine the impact to 

the loads on the forward engine mount. 

Engineering analysis using the new 

calculated loads has shown that the 

structural integrity of the forward engine 

mount cannot be guaranteed after either 

thrust link has accumulated 15500 Flight 

Cycles (FC). 

Consequently, this AD introduces a Limit 

Of Validity (LOV) of 15 500 FC for CFM 56– 

5C forward engine mount thrust links Part 

Number (P/N) 340–7005–3 and P/N 340– 

7005–4. 

In addition, this AD requires establishing 

the deadline for replacement of forward 

engine mount thrust link assemblies, to trace 

the life of these assemblies and to replace 

them no later than the calculated deadline.’’ 

A loss of structural integrity of the forward 

engine mounts could lead to the loss of the 

load path for the forward engine mount and 

damage to other engine mount structures, 

which could result in failure of the forward 

engine mount, possible separation of the 

engine from the airplane, damage to the 

wing, or loss of control of the airplane. 

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. 

Actions 

(g) Do the following actions. 

(1) At the applicable time specified in 

paragraph (g)(1)(i) or (g)(1)(ii) of this AD: 

Calculate the flight cycles, as applicable, and 

replace all CFM 56–5C forward engine mount 

thrust links P/N 340–7005–3 or P/N 340– 

7005–4, in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A340–71–4006, 

Revision 01, dated May 14, 2009. 

Note 1: P/N 340–7005–3 and P/N 340– 

7005–4 are the part numbers for only the 

link. P/N 340–7005–503 and P/N 340–7005– 

504 are the part numbers for the assembly 

(comprising the bearing and the link). 

(i) For airplanes with thrust links for which 

the history of the part is available: Replace 

in accordance with Airbus Mandatory 

Service Bulletin A340–71–4006, Revision 01, 

dated May 14, 2009, prior to the 

accumulation of 15,500 total flight cycles on 

the part, or within 90 days from the effective 

date of the AD, whichever occurs later. 

(ii) For airplanes with thrust links for 

which the part history is partial or unknown: 

Within 30 days after the effective date of this 

AD, calculate the limit for replacement in 

accordance with the calculation method 

provided in Airbus Mandatory Service 

Bulletin A340–71–4006, Revision 01, dated 

May 14, 2009, and replace the part no later 

than the calculated limit for replacement. 

(2) Repeat the replacement required by 

paragraph (g)(1) of this AD at intervals not to 

exceed 15,500 flight cycles on the part in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A340–71–4006, Revision 01, dated 

May 14, 2009. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(h) 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, 


cprice-sewell on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Rules and Regulations 26883 

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 ensure 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 

(i) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency (EASA) 

Airworthiness Directive 2009–0115, dated 

May 29, 2009; and Airbus Mandatory Service 

Bulletin A340–71–4006, Revision 01, dated 

May 14, 2009; for related information. 

Material Incorporated by Reference 

(j) You must use Airbus Mandatory Service 

Bulletin A340–71–4006, Revision 01, dated 

May 14, 2009, to do the actions required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

previously approved the incorporation by 

reference of Airbus Mandatory Service 

Bulletin A340–71–4006, Revision 01, dated 

May 14, 2009, on January 29, 2010 (75 FR 

2057, January 14, 2010). 

(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. 

(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 May 3, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–11187 Filed 5–12–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0614; Directorate 

Identifier 2009–NM–045–AD; Amendment 

39–16286; AD 2010–10–07] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 and Model 

ERJ 190 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

It has been found the occurrence of 

outboard slat skew sensor failure in open or 

closed position. The combination of an 

outboard slat skew sensor failed closed, an 

outboard slat actuator structural failure 

(rupture) and its adjacent actuator torque 

limiter failing high (allows higher loads to 

the panel structure) occurring in the same 

slat surface, under normal flight loads, may 

lead [the] slat surface to detach from the wing 

with the possibility of hitting and damaging 

the horizontal stabilizer and elevator, which 

may affect the airplane controllability. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective June 

17, 2010. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Kenny Kaulia, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2848; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on July 22, 2009 (74 FR 36129). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

It has been found the occurrence of 

outboard slat skew sensor failure in open or 

closed position. The combination of an 

outboard slat skew sensor failed closed, an 

outboard slat actuator structural failure 

(rupture) and its adjacent actuator torque 

limiter failing high (allows higher loads to 

the panel structure) occurring in the same 

slat surface, under normal flight loads, may 

lead [the] slat surface to detach from the wing 

with the possibility of hitting and damaging 

the horizontal stabilizer and elevator, which 

may affect the airplane controllability. 

* * * * * 

Corrective actions include repetitive 

operational tests of the outboard slat 

skew sensor, and replacement with a 

serviceable outboard slat skew sensor if 

necessary. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Request To Remove Reference to the 

Revision Level of the Airplane 

Maintenance Manual (AMM) Task 

Embraer requests that we remove 

reference to the specific revision of the 

AMM task specified in Note 1 of the 

NPRM. Embraer explains that since 

AMMs are often revised to improve task 

procedures, changes to other tasks might 

force the subsequent tasks to be ‘‘repaged and re-dated.’’ Embraer points out 

that changes made to improve task 

procedures do not change the intent of 

the tasks and that the specific task 

number will always refer to the specific 

task, regardless of revision level. 

Embraer notes that referring to a specific 

revision will cause operators to request 

alternative methods of compliance 

(AMOCs) for updated AMM tasks that 

might be identical. 

Embraer suggests that if it is necessary 

to refer to a specific revision of the 

AMM, we should not refer to the AMM 

task, but instead include the text of the 


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