Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Rules and Regulations 37991 

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 airworthiness 

directive: 

2010–13–10 Ontic Engineering and 

Manufacturing, Inc.: Amendment 39– 

16341. Docket No. FAA–2010–0102; 

Directorate Identifier 2010–NE–09–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective August 5, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Ontic Engineering 

and Manufacturing, Inc. propeller governors, 

part numbers (P/Ns) C210776, T210761, 

D210760, and J210761, as listed by serial 

number on pages 3 and 4 of Ontic 

Engineering and Manufacturing, Inc. 

Mandatory Service Bulletin (MSB) No. SB– 

DES–353, Revision A, dated December 16, 

2009. 

(d) These propeller governors are installed 

on, but not limited to, American Champion 

Aircraft Corporation Model 7GCAA (governor 

P/N T210761), Diamond Aircraft Industries, 

Inc. Model DA–40 (governor P/N C210776), 

Hawker Beechcraft Model A36 (governor P/ 

N D210760), and Industria Aeronautica Neiva 

S/A (subsidiary of Embraer) model EMB– 

202A (governor P/N J210761) airplanes. 

Unsafe Condition 

(e) This AD results from three reports 

received of failed propeller governors. We are 

issuing this AD to prevent loss of propeller 

pitch control, damage to the propeller 

governor, and internal damage to the engine, 

which could prevent continued safe flight or 

safe landing. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

100 flight hours after the effective date of this 

AD, unless the actions have already been 

done. 

(g) Remove affected propeller governors 

from service. 

(h) After the effective date of this AD, do 

not install an affected propeller governor 

unless it has been inspected, repaired, and 

permanently marked with ‘‘SB–DES–353 Rev. 

A Date * * * .’’ near the data plate, by Ontic 

Engineering and Manufacturing, Inc. 

Alternative Methods of Compliance 

(i) The Manager, Los Angeles Aircraft 

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 

(j) 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, for more 

information about this AD. 

Material Incorporated by Reference 

(k) You must use Ontic Engineering and 

Manufacturing, Inc. Mandatory Service 

Bulletin No. SB–DES–353, Revision A, dated 

December 16, 2009, to identify the serial 

numbers of propeller governors affected by 

this AD. The Director of the Federal Register 

approved the incorporation by reference of 

this service bulletin in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. Contact 

Ontic Engineering and Manufacturing, Inc., 

20400 Plummer Street, Chatsworth, CA 

91311, e-mail: Bill.nolan@ontic.com; 

telephone (818) 725–2323; fax (818) 725– 

2535; or e-mail: Susan.hunt@ontic.com; 

telephone (818) 725–2121; fax (818) 725– 

2535, or on the Web at http://www.ontic.

com/pdf/SB-DES-353_Rev_A.pdf, for a copy 

of this service information. You may review 

copies at the FAA, New England Region, 12 

New England Executive Park, Burlington, 

MA; or 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/cfr/ibr-locations.html. 

Issued in Burlington, Massachusetts on 

June 16, 2010. 

Diane S. Romanosky, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–15295 Filed 6–30–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0177; Directorate 

Identifier 2009–NM–222–AD; Amendment 

39–16349; AD 2010–14–04] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–243, –341, –342, and –343 

Airplanes; and Model A340–541 and 

–642 Airplanes; Equipped With RollsRoyce Trent 500 and Trent 700 Series 

Engines 

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 evidenced by test that the 

tightening torque settings on the Rolls-Royce 

Trent 500 and Trent 700 forward (FWD) and 

aft (AFT) engine mount link pin retention 

bolts have always been higher than the 

design value. These bolts retain the washers 

that maintain the engine mount vertical load 

pins in position. 

If bolts, as a consequence of the overtorque, fail and move away, it would lead to 

loss of the vertical load pins, which could 

result in loss of the primary and/or secondary 

load path of the forward and/or aft engine 

mount which could potentially lead to 

engine separation. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

August 5, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of August 5, 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: 

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 

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 March 4, 2010 (75 FR 9809). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

It has been evidenced by test that the 

tightening torque settings on the Rolls-Royce 

Trent 500 and Trent 700 forward (FWD) and 

aft (AFT) engine mount link pin retention 

bolts have always been higher than the 

design value. These bolts retain the washers 

that maintain the engine mount vertical load 

pins in position. 

If bolts, as a consequence of the overtorque, fail and move away, it would lead to 

loss of the vertical load pins, which could 

result in loss of the primary and/or secondary 

load path of the forward and/or aft engine 

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37992 Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Rules and Regulations 

mount which could potentially lead to 

engine separation. 

As a short term action, EASA AD 2008– 

0019 was issued to require a one-time visual 

inspection of the impacted FWD and AFT 

engine mount link pin retention bolts in 

order to detect any broken or missing bolts. 

This AD, which supersedes EASA AD 2008– 

0019, mandates a one-time [detailed] visual 

inspection of the FWD and AFT engine 

mount link pin retention bolts, in order to 

ensure that any over-torqued bolt is replaced. 

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 Allow Use of Later 

Approved Revisions of Service 

Information 

Deutsche Lufthansa AG requests that 

we allow the use of later-approved 

revisions of Airbus Mandatory Service 

Bulletins A330–71–3022 and A340–71– 

5004, both dated May 5, 2009, for 

compliance with the requirements of the 

AD. The commenter states that this 

would enable the operators to be in 

compliance without using the AMOC 

procedure. 

We disagree with this request. We 

cannot use the phrase ‘‘or later FAAapproved revisions’’ in an AD when 

referring to the service document 

because doing so violates Office of the 

Federal Register (OFR) regulations for 

approval of materials ‘‘incorporated by 

reference’’ in rules. In general terms, we 

are required by these OFR regulations to 

either publish the service document 

contents as part of the actual AD 

language; or submit the service 

document to the OFR for approval as 

‘‘referenced’’ material, in which case we 

may only refer to such material in the 

text of an AD. The AD may refer to the 

service document only if the OFR 

approved it for ‘‘incorporation by 

reference.’’ To allow operators to use 

later revisions of the referenced 

document (issued after publication of 

the AD), either we must revise the AD 

to reference specific later revisions, or 

operators must request approval to use 

later revisions as an alternative method 

of compliance with this AD [under the 

provisions of paragraph (k) of this AD]. 

We have not changed the AD in this 

regard. 

Clarification of Compliance Time 

We have made a minor editorial 

change to clarify the compliance time 

specified in paragraph (h) of this AD. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We determined that these changes will 

not increase the economic burden on 

any operator or increase the scope of the 

AD. 

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 required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 1 

product of U.S. registry. We also 

estimate that it will take about 10 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $10,842 

per product. Where the service 

information lists required parts costs 

that are covered under warranty, we 

have assumed that there will be no 

charge for these parts. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. Based on 

these figures, we estimate the cost of 

this AD to the U.S. operators to be 

$11,692. 

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. 

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 the NPRM, 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. 

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: 

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Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Rules and Regulations 37993 

2010–14–04 Airbus: Amendment 39–16349. 

Docket No. FAA–2010–0177; Directorate 

Identifier 2009–NM–222–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective August 5, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A330– 

243, –341, –342, and –343 airplanes; and 

Model A340–541 and –642 airplanes; 

certificated in any category; equipped with 

Rolls-Royce Trent 500 and Trent 700 series 

engines. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 71: Powerplant. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been evidenced by test that the 

tightening torque settings on the Rolls-Royce 

Trent 500 and Trent 700 forward (FWD) and 

aft (AFT) engine mount link pin retention 

bolts have always been higher than the 

design value. These bolts retain the washers 

that maintain the engine mount vertical load 

pins in position. 

If bolts, as a consequence of the overtorque, fail and move away, it would lead to 

loss of the vertical load pins, which could 

result in loss of the primary and/or secondary 

load path of the forward and/or aft engine 

mount which could potentially lead to 

engine separation. 

As a short term action, EASA AD 2008– 

0019 was issued to require a one-time visual 

inspection of the impacted FWD and AFT 

engine mount link pin retention bolts in 

order to detect any broken or missing bolts. 

This AD, which supersedes EASA AD 2008– 

0019, mandates a one-time [detailed] visual 

inspection of the FWD and AFT engine 

mount link pin retention bolts, in order to 

ensure that any over-torqued bolt is replaced. 

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) Except as provided by paragraph (h) of 

this AD, at the applicable time specified in 

paragraph (g)(1) or (g)(2) of this AD, perform 

a one-time detailed visual inspection for the 

presence of an ‘‘X’’ marked on the heads of 

the link pin retention bolts of the forward 

and aft engine mount on all Rolls-Royce 

Trent 500 and Trent 700 series engines, in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A330–71–3022 (for Models A330– 

243, –341, –342, and –343 airplanes) or 

A340–71–5004 (for Model A340–541 and 

–642 airplanes), both dated May 5, 2009. If 

the bolt head is not marked with an ‘‘X,’’ 

before further flight, replace this bolt with a 

new bolt marked with an ‘‘X’’ on the bolt 

head in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A330–71–3022 

(for Models A330–243, –341, –342, and –343 

airplanes) or A340–71–5004 (for Model 

A340–541 and –642 airplanes), both dated 

May 5, 2009. 

(1) For Model A330–243, –341, –342, and 

–343 airplanes: Within 4,500 flight cycles 

after the effective date of this AD. 

(2) For Model A340–541 and –642 

airplanes: Within 2,500 flight cycles after the 

effective date of this AD. 

(h) The actions specified in paragraph (g) 

of this AD are not required for any engine 

installed on the airplanes listed in paragraph 

(g)(1) of this AD, having serial number 964 

and subsequent; and the airplanes listed in 

paragraph (g)(2) of this AD, having serial 

number 981 and subsequent; if data records 

conclusively prove that this engine has not 

been replaced or re-installed since the date 

of issuance of the original French 

airworthiness certificate or the date of 

issuance of the original French or EASA 

export certificate of airworthiness. 

(i) After the effective date of this AD, no 

person may install a Rolls-Royce Trent 500 

or Trent 700 series engine on any airplane, 

unless it is in compliance with the 

requirements of this AD. 

(j) Although Airbus Mandatory Service 

Bulletins A330–71–3022 and A340–71–5004, 

both dated May 5, 2009, specify to submit 

certain information to the manufacturer, this 

AD does not include that requirement. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

(1) The MCAI lists certain Airbus Model 

A330–200 series and –300 series, and Model 

A340 series airplanes. Airbus Mandatory 

Service Bulletins A330–71–3022 and A340– 

71–5004, both dated May 5, 2009, clarify this 

effectivity by adding ‘‘with Rolls–Royce Trent 

500 and Trent 700 series engines.’’ Airplanes 

with engines other than Rolls-Royce Trent 

500 and Trent 700 are not affected by this 

AD. 

(2) Although the MCAI or service 

information tells you to submit information 

to the manufacturer, paragraph (j) of this AD 

specifies that such submittal is not required. 

Other FAA AD Provisions 

(k) 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 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. 

Related Information 

(l) Refer to MCAI EASA Airworthiness 

Directive 2009–0204, dated September 30, 

2009; Airbus Mandatory Service Bulletin 

A330–71–3022, dated May 5, 2009; and 

Airbus Mandatory Service Bulletin A340–71– 

5004, dated May 5, 2009; for related 

information. 

Material Incorporated by Reference 

(m) You must use Airbus Mandatory 

Service Bulletin A330–71–3022, including 

Appendices 01 and 02 and excluding 

Appendix 03, dated May 5, 2009; and Airbus 

Mandatory Service Bulletin A340–71–5004, 

including Appendices 01 and 02 and 

excluding Appendix 03, dated May 5, 2009; 

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—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 June 16, 

2010. 

Robert D. Breneman, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–15831 Filed 6–30–10; 8:45 am] 

BILLING CODE 4910–13–P 

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