54536 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Proposed Rules 

Dated: August 31, 2010. 

Jeffrey Tribiano, 

Acting Administrator, Food and Nutrition 

Service. 

[FR Doc. 2010–22247 Filed 9–7–10; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0852; Directorate 

Identifier 2010–NM–005–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200 and –300 and A340–200 and 

–300 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 

and correct an unsafe condition on an 

aviation product. The MCAI describes 

the unsafe condition as: 

A debonding area was detected on the RH 

[right-hand] elevator of an A340 in-service 

aeroplane during a scheduled maintenance 

task inspection. 

Investigation has revealed that this 

debonding may have been caused by water 

ingress and, if not detected and corrected, 

might compromise the structural integrity of 

the elevators [and could result in reduced 

controllability of the airplane]. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by October 25, 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. 

For service information identified in 

this proposed 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. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1138; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0852; Directorate Identifier 

2010–NM–005–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We have lengthened the 30-day 

comment period for proposed ADs that 

address MCAI originated by aviation 

authorities of other countries to provide 

adequate time for interested parties to 

submit comments. The comment period 

for these proposed ADs is now typically 

45 days, which is consistent with the 

comment period for domestic transport 

ADs. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On September 29, 2005, we issued AD 

2005–20–32, Amendment 39–14329 (70 

FR 59263, October 12, 2005). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2005–20–32, we 

have determined that the existing 

inspection of the upper and lower 

elevator skin panels needs to be a 

repetitive inspection in order to 

adequately address the identified unsafe 

condition. We have also added airplane 

models to the applicability of this 

proposed AD, and we have identified 

additional affected elevators in Table 1 

of this proposed AD. The European 

Aviation Safety Agency (EASA), which 

is the Technical Agent for the Member 

States of the European Community, has 

issued EASA Airworthiness Directive 

2009–0255, dated December 1, 2009 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

A debonding area was detected on the RH 

[right-hand] elevator of an A340 in-service 

aeroplane during a scheduled maintenance 

task inspection. 

Investigation has revealed that this 

debonding may have been caused by water 

ingress and, if not detected and corrected, 

might compromise the structural integrity of 

the elevators [and could result in reduced 

controllability of the airplane]. 

DGAC [Direction Ge ́ne ́rale de l’Aviation 

Civile] France AD F–2004–118 R1 (EASA 

approval N. 2004–10125) required a one-time 

inspection of elevators skin panels installed 

on MSN up to 091, to detect potential liquid 

ingress and repair as necessary, in 

accordance with Airbus inspection service 

bulletins (ISB) A330–55–3032 and A340–55– 

4029. 

Following the AD issuance, further inservice experience has shown that in order to 

ensure the structural integrity of all A330/ 

A340 elevators skin panels with sandwich 

construction (excluding A340–500/–600), it 

is necessary to perform the same elevators 

panels inspection and to repair as necessary, 

but in a repetitive manner. 

The aim of this AD, which supersedes 

DGAC France AD F–2004–118 R1, is to 

require this additional inspection program in 

order to maintain the structural integrity of 

the elevators. 

The required actions include repetitive 

special detailed inspections and 

repetitive re-protection of the elevator 

assembly. The special detailed 

inspections consist of the following 

actions: 


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Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Proposed Rules 54537 

• Repetitive endoscopic inspections 

for damage (such as a scratch, 

disbonding, or a tear) of the inner skin 

of the upper and lower elevator panels 

on both sides of the airplane, and if any 

damage is found, contacting Airbus for 

instructions and doing the instructions. 

• Repetitive tap tests for debonding in 

the inner side of the upper and lower 

elevator panels on both sides, and if any 

debonding is found, contacting Airbus 

for instructions and doing the 

instructions. 

• Repetitive thermographic 

inspections for indications of trapped 

water in the upper and lower elevator 

panels on both sides of the airplane, and 

if any indications of trapped water are 

found, doing applicable corrective 

actions (including, but not limited to, 

repeating the thermographic inspection 

to determine the size of the damaged 

area, doing a general visual inspection 

to determine if there is an existing 

repair, contacting Airbus for 

instructions and doing the instructions, 

re-protecting the affected surfaces, and 

repairing holes). 

• Repetitively re-protect the elevator 

assembly (including doing a general 

visual inspection to determine damage 

and repair if necessary, a general visual 

inspection to determine if the drainage 

holes are clean and not obstructed and 

cleaning the drainage holes if necessary, 

a general visual inspection to determine 

the status of the static discharges 

contour and sealing the static discharges 

contour if necessary, and installing front 

spar access hole covers). 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletins A330–55–3039 and A340–55– 

4035, both including Appendix 1, both 

dated August 7, 2009. The actions 

described in the service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

Explanation of Change to This AD 

We have removed the ‘‘Service 

Bulletin Reference’’ paragraph from the 

‘‘Restatement of Requirements of AD 

2005–20–32’’ section of this AD. That 

paragraph was identified as paragraph 

(f) in AD 2005–20–32. Instead, we have 

provided the full service bulletin 

citations throughout this AD. 

Change to Existing AD 

This proposed AD would retain the 

requirements of AD 2005–20–32. Since 

AD 2005–20–32 was issued, the AD 

format has been revised, and certain 

paragraphs have been rearranged. As a 

result, the corresponding paragraph 

identifiers have changed in this 

proposed AD, as listed in the following 

table: 

REVISED PARAGRAPH IDENTIFIERS

Requirement in AD 

2005–20–32 

Corresponding 

requirement in this 

proposed AD 

paragraph (f)(1) paragraph (g) 

paragraph (f)(2) paragraph (h) 

paragraph (g) paragraph (i) 

paragraph (h) paragraph (j) 

paragraph (i) paragraph (k) 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a Note within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 56 products of U.S. registry. 

The actions that are required by AD 

2005–20–32 and retained in this 

proposed AD take about 1 work-hour 

per product, at an average labor rate of 

$85 per work hour. Based on these 

figures, the estimated cost of the 

currently required actions is $85 per 

product. 

We estimate that it would take about 

14 work-hours per product to comply 

with the new basic requirements of this 

proposed AD. The average labor rate is 

$85 per work-hour. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$66,640, or $1,190 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 


srobinson on DSKHWCL6B1PROD with PROPOSALS
54538 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Proposed Rules 

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 39–14329 (70 FR 

59263, October 12, 2005) and adding the 

following new AD: 

Airbus: Docket No. FAA–2010–0852; 

Directorate Identifier 2010–NM–005–AD. 

Comments Due Date 

(a) We must receive comments by October 

25, 2010. 

Affected ADs 

(b) This AD supersedes AD 2005–20–32, 

Amendment 39–14329. 

Applicability 

(c) This AD applies to Airbus Model A330– 

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

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

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

–312, and –313 airplanes; certificated in any 

category; all manufacturer serial numbers, if 

equipped with any of the elevator part 

numbers (P/N) identified in Table 1 of this 

AD (‘‘ZZ’’ indicates a number from 00 up to 

99 inclusive). 

TABLE 1—ELEVATOR PART NUMBERS

For the left-hand 

elevator 

For the right-hand 

elevator 

P/N F55280000000ZZ P/N 

F55280000001ZZ 

P/N F55280000002ZZ P/N 

F55280000003ZZ 

P/N F55280000004ZZ P/N 

F55280000005ZZ 

P/N F55280000006ZZ P/N 

F55280000007ZZ 

TABLE 1—ELEVATOR PART

NUMBERS—Continued 

For the left-hand 

elevator 

For the right-hand 

elevator 

P/N F55280000008ZZ P/N 

F55280000009ZZ 

P/N F55280000012ZZ P/N 

F55280000013ZZ 

P/N F55280002000ZZ P/N 

F55280002001ZZ 

P/N F55280005000ZZ P/N 

F55280005001ZZ 

P/N F55280005002ZZ P/N 

F55280005003ZZ 

P/N F55280005004ZZ P/N 

F55280005005ZZ 

Subject 

(d) Air Transport Association (ATA) of 

America Code 55: Stabilizers. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A debonding area was detected on the RH 

[right-hand] elevator of an A340 in-service 

aeroplane during a scheduled maintenance 

task inspection. 

Investigation has revealed that this 

debonding may have been caused by water 

ingress and, if not detected and corrected, 

might compromise the structural integrity of 

the elevators [and could result in reduced 

controllability 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. 

Restatement of Requirements of AD 2005– 

20–32 

Service Bulletin Exceptions for Airbus 

Service Bulletin A330–55–3032 and Airbus 

Service Bulletin A340–55–4029 

(g) Where Airbus Service Bulletin A330– 

55–3032 and Airbus Service Bulletin A340– 

55–4029, both dated December 22, 2003, 

recommend contacting Airbus for 

appropriate action: Before further flight, 

repair the condition according to a method 

approved by the Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA; or the Direction Ge ́ne ́rale 

de l’Aviation Civile (or its delegated agent), 

or EASA (or its delegated agent). 

(h) Although Airbus Service Bulletin 

A330–55–3032 and Airbus Service Bulletin 

A340–55–4029, both dated December 22, 

2003, specify to submit certain information to 

the manufacturer, this AD does not include 

that requirement. 

Determining Part Number, Serial Number 

(i) For Model A330–201, –202, –203, –223, 

–243, –301, –321, –322, –323, –341, –342, 

and –343 airplanes; and Model A340–211, 

–212, –213, –311, –312, and –313 airplanes: 

At the later of the times specified in 

paragraphs (i)(1) and (i)(2) of this AD, 

perform an inspection to determine the part 

number and serial number of the left- and 

right-hand elevator assemblies. A review of 

airplane maintenance records is acceptable in 

lieu of this inspection if the part number and 

serial number of each elevator assembly can 

be conclusively determined from that review. 

If neither elevator assembly has a part 

number and serial number combination 

identified in Table 2 of this AD, no further 

action is required by this paragraph. If either 

elevator assembly has a part number and 

serial number combination identified in 

Table 2 of this AD, do paragraph (j) of this 

AD. Doing the actions in paragraph (k) of this 

AD terminates the requirements of paragraph 

(i) of this AD. 

(1) Within 10 years after the date of the 

first flight of the airplane, or before the 

accumulation of 12,000 total flight cycles, 

whichever is first. 

(2) Within 18 months after the November 

16, 2005 (the effective date of AD 2005–20– 

32). 

TABLE 2—AFFECTED ELEVATOR PART NUMBERS AND SERIAL NUMBERS IN AD 2005–20–32 

Part Affected part numbers Affected serial numbers 

Left-hand elevator assembly ................... F55280000000, F55280000004 ............ CG1002 through CG1091 inclusive, CG1093, CG1094, 

CG2001. 

Right-hand elevator assembly ................ F55280000001, F55280000005 ............ CG1002 through CG1094 inclusive, CG2001. 

Inspections 

(j) For Model A330–201, –202, –203, –223, 

–243, –301, –321, –322, –323, –341, –342, 

and –343 airplanes; and Model A340–211, 

–212, –213, –311, –312, and –313 airplanes: 

If the left- or right-hand elevator assembly 

has a part number and serial number 

combination identified in Table 2 of this AD, 

before further flight after accomplishing 

paragraph (i) of this AD, do the actions in 

paragraphs (j)(1), (j)(2), and (j)(3) of this AD, 

as applicable. Doing the actions in paragraph 

(k) of this AD terminates the requirements of 

paragraph (j) of this AD. 

(1) Perform an endoscopic inspection to 

detect damage (such as a scratch, disbonding, 

or a tear), and a tap test and a thermographic 

inspection to detect signs of moisture 

penetration, to the upper and lower elevator 

panels on both sides of the airplane, in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A330– 

55–3032 (for Model A330–201, –202, –203, 

–223, –243, –301, –321, –322, –323, –341, 

–342, and –343 airplanes), or Airbus Service 

Bulletin A340–55–4029 (for Model A340– 

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

airplanes), both dated December 22, 2003, as 

applicable, except as provided by paragraphs 

(g) and (h) of this AD. 

(2) If any damage is found, before further 

flight, do all applicable corrective actions 

(including, but not limited to, repeating the 

thermographic inspection to determine the 

size of the damaged area, and performing a 

tap test around the areas where moisture is 

indicated), in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A330–55–3032 (for Model 

A330–201, –202, –203, –223, –243, –301, 

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

airplanes), or Airbus Service Bulletin A340– 


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55–4029 (for Model A340–211, –212, –213, 

–311, –312, and –313 airplanes) both dated 

December 22, 2003, as applicable, except as 

provided by paragraphs (g) and (h) of this 

AD. 

(3) Re-protect the elevator assembly 

(including performing a general visual 

inspection to determine if the drainage holes 

are clean, a general visual inspection to 

determine the condition of the sealant 

covering the static discharges contour, and 

applicable corrective actions), in accordance 

with the Accomplishment Instructions of 

Airbus Service Bulletin A330–55–3032 (for 

Model A330–201, –202, –203, –223, –243, 

–301, –321, –322, –323, –341, –342, and –343 

airplanes), or Airbus Service Bulletin A340– 

55–4029 (for Model A340–211, –212, –213, 

–311, –312, and –313 airplanes), both dated 

December 22, 2003, as applicable, except as 

provided by paragraphs (g) and (h) of this 

AD. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’ 

New Requirements of This AD 

Repetitive Inspection 

(k) Within the applicable time in paragraph 

(k)(1) or (k)(2) of this AD, do a special 

detailed inspection for discrepancies 

(scratches, debonding, tears, and indications 

of trapped water), on the elevator upper and 

lower skin panels, in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A330–55–3039 

(for Model A330–201, –202, –203, –223, 

–243, –301, –302, –303, –321, –322, –323, 

–341, –342, and –343 airplanes), or A340– 

55–4035 (for Model A340–211, –212, –213, 

–311, –312, and –313 airplanes), both dated 

August 7, 2009. Repeat the inspections 

thereafter at intervals not to exceed 72 

months from the date of the elevator’s first 

flight after the last inspection. Doing the 

special detailed inspection specified in this 

paragraph terminates the requirements of 

paragraphs (i) and (j) of this AD. 

(1) For elevators identified in Table 1 of 

this AD that have not been inspected in 

accordance with Airbus Service Bulletin 

A330–55–3032 (for Model A330–201, –202, 

–203, –223, –243, –301, –302, –303, –321, 

–322, –323, –341, –342, and –343 airplanes), 

or Airbus Service Bulletin A340–55–4029 

(for Model A340–211, –212, –213, –311, 

–312, and –313 airplanes): Within 144 

months since the date of the elevator’s first 

flight on any airplane, or within 24 months 

after the effective date of this AD, whichever 

occurs later. 

(2) For elevators identified in Table 1 of 

this AD that have been inspected in 

accordance with Airbus Service Bulletin 

A330–55–3032 (for Model A330–201, –202, 

–203, –223, –243, –301, –302, –303, –321, 

–322, –323, –341, –342, and –343 airplanes), 

or Airbus Service Bulletin A340–55–4029 

(for Model A340–211, –212, –213, –311, 

–312, and –313 airplanes): Within 72 months 

since the date of the elevator’s first flight on 

any airplane after accomplishing Airbus 

Service Bulletin A330–55–3032, or Airbus 

Service Bulletin A340–55–4029, or within 24 

months after the effective date of this AD, 

whichever occurs later. 

Corrective Action 

(l) If any discrepancy is found during any 

inspection required by paragraph (k) of this 

AD, before further flight, do all applicable 

corrective actions (including applicable 

inspections and repair), in accordance with 

the Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A330–55–3039 

(for Model A330–201, –202, –203, –223, 

–243, –301, –302, –303, –321, –322, –323, 

–341, –342, and –343 airplanes) or A340–55– 

4035 (for Model A340–211, –212, –213, –311, 

–312, and –313 airplanes), both dated August 

7, 2009; or contact Airbus for instructions 

and follow their corrective actions. 

Re-Protection 

(m) For elevators on which any action 

required by paragraph (k) or (l) of this AD is 

done: Before the elevator’s next flight, do a 

re-protection (including all applicable 

inspections and corrective actions), in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A330–55–3039 (for Model A330– 

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

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

airplanes), or A340–55–4035 (for Model 

A340–211, –212, –213, –311, –312, and –313 

airplanes), both dated August 7, 2009. 

Reporting 

(n) Submit a report of the findings (both 

positive and negative) of the inspection 

required by paragraph (k) of this AD to 

Airbus, as specified in Appendix 1 of Airbus 

Mandatory Service Bulletin A330–55–3039, 

dated August 7, 2009; or Airbus Mandatory 

Service Bulletin A340–55–4035, dated 

August 7, 2009; as applicable; at the 

applicable time specified in paragraph (n)(1) 

or (n)(2) of this AD. The report must include 

the information identified in Appendix 1 of 

Airbus Mandatory Service Bulletin A330–55– 

3039, dated August 7, 2009; or Airbus 

Mandatory Service Bulletin A340–55–4035, 

dated August 7, 2009; as applicable. 

(1) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 30 days after the inspection. 

(2) If the inspection was done before the 

effective date of this AD: Submit the report 

within 30 days after the effective date of this 

AD. 

(o) As of the effective date of this AD, do 

not install any elevator identified in Table 1 

of this AD on any airplane, unless the 

elevator has been inspected in accordance 

with paragraph (l) of this AD and all 

applicable corrective actions have been done. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(p) 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 

(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 

(q) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2009– 

0255, dated December 1, 2009; and the 

service bulletins listed in Table 3 of this AD, 

for related information. 

TABLE 3—SERVICE BULLETINS

Document Date 

Airbus Mandatory Service Bulletin A330–55–3039, including Appendix 1 ............................................................................. August 7, 2009. 

Airbus Mandatory Service Bulletin A340–55–4035, including Appendix 1 ............................................................................. August 7, 2009. 


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54540 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Proposed Rules 

TABLE 3—SERVICE BULLETINS—Continued 

Document Date 

Airbus Service Bulletin A330–55–3032 ................................................................................................................................... December 22, 2003. 

Airbus Service Bulletin A340–55–4029 ................................................................................................................................... December 22, 2003. 

Issued in Renton, Washington, on August 

30, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–22275 Filed 9–7–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742, 744, and 746 

[Docket No. 100719301–0303–02] 

Effects of Foreign Policy-Based Export 

Controls 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Request for comments. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is reviewing the foreign 

policy-based export controls in the 

Export Administration Regulations to 

determine whether they should be 

modified, rescinded or extended. To 

help make these determinations, BIS is 

seeking public comments on how 

existing foreign policy-based export 

controls have affected exporters and the 

general public. 

DATES: Comments must be received by 

October 8, 2010. 

ADDRESSES: Comments may be sent by 

e-mail to publiccomments@bis.doc.gov 

or on paper to Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, 

14th Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230. Include the phrase ‘‘FPBEC 

Comment’’ in the subject line of the 

e-mail message or on the envelope if 

submitting comments on paper. All 

comments must be in writing (either 

e-mail or on paper). All comments, 

including Personal Identifying 

Information (e.g., name, address) 

voluntarily submitted by the commenter 

will be a matter of public record and 

will be available for public inspection 

and copying. Do not submit 

Confidential Business Information or 

otherwise sensitive or protected 

information. 

FOR FURTHER INFORMATION CONTACT: 

Director, Foreign Policy Division, Office 

of Nonproliferation Controls and Treaty 

Compliance, Bureau of Industry and 

Security, telephone 202–482–4252. 

Copies of the current Annual Foreign 

Policy Report to the Congress are 

available at http://www.bis.doc.gov/ 

news/2010/2010_fpreport.pdf and 

copies may also be requested by calling 

the Office of Nonproliferation and 

Treaty Compliance at the number listed 

above. 

SUPPLEMENTARY INFORMATION: Foreign 

policy-based controls in the Export 

Administration Regulations (EAR) are 

implemented pursuant to section 6 of 

the Export Administration Act of 1979, 

as amended, (50 U.S.C. app. sections 

2401–2420 (2000)) (EAA). The current 

foreign policy-based export controls 

maintained by the Bureau of Industry 

and Security (BIS) are set forth in the 

EAR (15 CFR parts 730–774), including 

in parts 742 (CCL Based Controls), 744 

(End-User and End-Use Based Controls) 

and 746 (Embargoes and Other Special 

Controls). These controls apply to a 

range of countries, items, activities and 

persons, including: Entities acting 

contrary to the national security or 

foreign policy interests of the United 

States (§ 744.11); certain general 

purpose microprocessors for ‘‘military 

end-uses’’ and ‘‘military end-users’’ 

(§ 744.17); significant items (SI): Hot 

section technology for the development, 

production, or overhaul of commercial 

aircraft engines, components, and 

systems (§ 742.14); encryption items 

(§ 742.15); crime control and detection 

items (§ 742.7); specially designed 

implements of torture (§ 742.11); certain 

firearms and related items based on the 

Organization of American States Model 

Regulations for the Control of the 

International Movement of Firearms, 

their Parts and Components and 

Munitions included within the InterAmerican Convention Against the Illicit 

Manufacturing of and Trafficking in 

Firearms, Ammunition, Explosives, and 

Other Related Materials (§ 742.17); 

regional stability items (§ 742.6); 

equipment and related technical data 

used in the design, development, 

production, or use of certain rocket 

systems and unmanned air vehicles 

(§§ 742.5 and 744.3); chemical 

precursors and biological agents, 

associated equipment, technical data, 

and software related to the production 

of chemical and biological agents 

(§§ 742.2 and 744.4) and various 

chemicals included on the list of those 

chemicals controlled pursuant to the 

Chemical Weapons Convention 

(§ 742.18); nuclear propulsion (§ 744.5); 

aircraft and vessels (§ 744.7); restrictions 

on exports and reexports to certain 

persons designated as proliferators of 

weapons of mass destruction (§ 744.8); 

communication intercepting devices, 

software and technology (§ 742.13); 

embargoed countries (part 746); 

countries designated as supporters of 

acts of international terrorism (§§ 742.8, 

742.9, 742.10, 742.19, 746.2, 746.4, 

746.7, and 746.9); certain entities in 

Russia (§ 744.10); individual terrorists 

and terrorist organizations (§§ 744.12, 

744.13 and 744.14); certain persons 

designated by Executive Order 13315 

(‘‘Blocking Property of the Former Iraqi 

Regime, Its Senior Officials and Their 

Family Members’’) (§ 744.18); certain 

sanctioned entities (§ 744.20); and 

certain cameras to be used by military 

end-users or incorporated into a military 

commodity (§ 744.9). Attention is also 

given in this context to the controls on 

nuclear-related commodities, 

technology, end-uses and end-users 

(§§ 742.3 and 744.2), which are, in part, 

implemented under section 309(c) of the 

Nuclear Non Proliferation Act (42 U.S.C. 

2139a). 

Under the provisions of section 6 of 

the EAA, export controls maintained for 

foreign policy purposes require annual 

extension. Section 6 of the EAA requires 

a report to Congress when foreign 

policy-based export controls are 

extended. The EAA expired on August 

20, 2001. Executive Order 13222 of 

August 17, 2001 (3 CFR, 2001 Comp., 

p. 783 (2002)), which has been extended 

by successive Presidential Notices, the 

most recent being that of Notice of 

August 12, 2010 (75 FR 50681 (August 

16, 2010)), continues the EAR and, to 

the extent permitted by law, the 

provisions of the EAA, in effect under 

the International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706 

(2000)). The Department of Commerce, 

insofar as appropriate, follows the 

provisions of section 6 of the EAA by 

reviewing its foreign policy-based 

export controls, requesting public 

comments on such controls, and 

preparing a report to be submitted to 


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