22422 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 

Calaveras 

Madera (Only includes Yosemite National Park portion.) 

Mariposa 

Merced 

Stanislaus 

Tuolumne 

* * * * * 

[FR Doc. E9–11193 Filed 5–12–09; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0433; Directorate 

Identifier 2009–NM–003–AD; Amendment 

39–15902; AD 2009–10–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A380–841, –842, and –861 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: 

During the flight test campaign of the 

A380–861 model (Engine Alliance powered), 

some cracks were found on the Movable Flap 

Track Fairing number 6 (MFTF#6). 

These cracks were located at the pivot 

attachment support-ring and at the U-frame 

in the attachment area to aft-kinematic. In 

addition, delamination has been observed 

within the monolithic Carbon Fibre 

Reinforced Plastic (CFRP) structure around 

the pivot support-ring. 

This condition, if not corrected, could lead 

to in-flight loss of the MFTF#6, potentially 

resulting in injuries to persons on the 

ground. 

* * * * * 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective May 

28, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of May 28, 2009. 

We must receive comments on this 

AD by June 12, 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: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1175; 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 2008–0216, 

dated December 9, 2008 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

During the flight test campaign of the 

A380–861 model (Engine Alliance powered), 

some cracks were found on the Movable Flap 

Track Fairing number 6 (MFTF#6). 

These cracks were located at the pivot 

attachment support-ring and at the U-frame 

in the attachment area to aft-kinematic. In 

addition, delamination has been observed 

within the monolithic Carbon Fibre 

Reinforced Plastic (CFRP) structure around 

the pivot support-ring. 

This condition, if not corrected, could lead 

to in-flight loss of the MFTF#6, potentially 

resulting in injuries to persons on the 

ground. 

To prevent the risk of a MFTF#6 

detachment, this Airworthiness Directive 

(AD) requires an inspection program in order 

to detect cracks [and delamination] before 

they become critical and in case of findings 

to replace the MFTF#6 [with a new or 

serviceable part]. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Service Bulletin 

A380–57–8014, including Appendix 01, 

dated November 21, 2008. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

There are no products of this type 

currently registered in the United States. 

However, this rule is necessary to 

ensure that the described unsafe 

condition is addressed if any of these 

products are placed on the U.S. Register 

in the future. 

Differences Between the AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a Note within the AD. 

FAA’s Determination of the Effective 

Date 

Since there are currently no domestic 

operators of this product, notice and 

opportunity for public comment before 

issuing this AD are unnecessary. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 22423 

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–2009–0433; 

Directorate Identifier 2009–NM–003– 

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: 

2009–10–07 Airbus: Amendment 39–15902. 

Docket No. FAA–2009–0433; Directorate 

Identifier 2009–NM–003–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 28, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A380– 

841, –842 and –861 airplanes, certificated in 

any category, all serial numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

‘‘During the flight test campaign of the 

A380–861 model (Engine Alliance powered), 

some cracks were found on the Movable Flap 

Track Fairing number 6 (MFTF#6). 

‘‘These cracks were located at the pivot 

attachment support-ring and at the 

‘‘U–frame in the attachment area to aftkinematic. In addition, delamination has 

been observed within the monolithic Carbon 

Fibre Reinforced Plastic (CFRP) structure 

around the pivot support-ring. 

‘‘This condition, if not corrected, could 

lead to in-flight loss of the MFTF#6, 

potentially resulting in injuries to persons on 

the ground. 

‘‘To prevent the risk of a MFTF#6 

detachment, this Airworthiness Directive 

(AD) requires an inspection program in order 

to detect cracks [and delamination] before 

they become critical and in case of findings 

to replace the MFTF#6 [with a new or 

serviceable part].’’ 

Actions and Compliance 

(f) Unless already done, do the following: 

(1) At the applicable time specified in 

paragraph (f)(1)(i) or (f)(1)(ii) of this AD for 

the left- and right-hand MFTF#6, do a special 

detailed (ultrasonic and high-frequency eddy 

current) inspection of the filet radii of pivot 

supports, monolithic carbon fibre reinforced 

plastic structures, and radii of U–Frame, and 

a general visual inspection of MFTF#6, for 

cracking and delamination, in accordance 

with the Accomplishment Instructions of 

Airbus Service Bulletin A380–57–8014, 

dated November 21, 2008. 

(i) For Model A380–841 and –842 

airplanes: Before the MFTF#6 has 

accumulated 500 total flight cycles since its 

first installation on an airplane, or within 30 

flight hours after the effective date of this AD, 

whichever occurs later. 

(ii) For Model A380–861 airplanes: Before 

the MFTF#6 has accumulated 100 total flight 

cycles since its first installation on an 

airplane, or within 30 flight hours after the 

effective date of this AD, whichever occurs 

later. 

(2) If no cracking and no delamination are 

detected during any inspection required by 

paragraph (f)(1) of this AD, repeat the 

inspections required by paragraph (f)(1) of 

this AD thereafter at intervals not to exceed 

the applicable time specified in paragraph 

(f)(2(i) or (f)(2)(ii) of this AD. 

(i) For Model A380–841 and –842 

airplanes: 50 flight cycles. 

(ii) For Model A380–861 airplanes: 10 

flight cycles. 

(3) If any cracking or delamination is found 

during any inspection required by paragraph 

(f)(1) or (f)(2) of this AD, before further flight, 

replace the MFTF#6 with a new or 

serviceable part, in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A380–57–8014, dated 

November 21, 2008, and repeat the 

inspections specified in paragraph (f)(1) of 

this AD at the applicable time defined in 

paragraph (f)(2) of this AD. 

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: Todd Thompson, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1175; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

appropriate principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

22424 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 

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 FAAapproved 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) EASA 

Airworthiness Directive 2008–0216, dated 

December 9, 2008; and Airbus Service 

Bulletin A380–57–8014, dated November 21, 

2008; for related information. 

Material Incorporated by Reference 

(i) You must use Airbus Service Bulletin 

A380–57–8014, including Appendix 01, 

dated November 21, 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 Airbus SAS–EANA 

(Airworthiness Office); 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 562 110 253; Fax +33 562 110 

307; e-mail account.airworthA380@airbus.com; Internet http:// 

www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on May 1, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–10934 Filed 5–12–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0135; Directorate 

Identifier 2008-NM–170-AD; Amendment 39– 

15901; AD 2009–10–06] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–400 and 747–400D Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 747–400 and 747–400D 

series airplanes. This AD requires 

repetitive inspections to detect cracks in 

the floor panel attachment fastener 

holes of the Section 41 upper deck floor 

beam upper chords, and related 

investigative and corrective actions if 

necessary. This AD results from reports 

of cracks found in the Section 41 upper 

deck floor beam upper chords. We are 

issuing this AD to detect and correct 

cracks in these chords, which could 

become large and cause the floor beams 

to become severed and result in rapid 

decompression or reduced 

controllability of the airplane. 

DATES: This AD is effective June 17, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of June 17, 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: Ivan 

Li, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6437; 

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 747–400 and 747– 

400D series airplanes. That NPRM was 

published in the Federal Register on 

February 18, 2009 (74 FR 7573). That 

NPRM proposed to require repetitive 

inspections to detect cracks in the floor 

panel attachment fastener holes of the 

Section 41 upper deck floor beam upper 

chords, and related investigative and 

corrective actions if necessary. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Boeing supports the NPRM. 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

We estimate that this AD affects 53 

airplanes of U.S. registry. The following 

table provides the estimated costs for 

U.S. operators to comply with this AD.