Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Proposed Rules 1649 

(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 MCAI European Aviation 

Safety Agency Airworthiness Directive 2008– 

0149, dated August 5, 2008, and Airbus AOT 

A320–27A1186, dated June 23, 2008, for 

related information. 

Issued in Renton, Washington, on 

December 29, 2008. 

Linda Navarro, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–456 Filed 1–12–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0003; Directorate 

Identifier 2007–NM–251–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200 and –300 Series Airplanes, 

and A340–200, –300, –500 and –600 

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. 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: Several cases of corrosion 

and damage on the Down Drive Shafts 

(DDS), between the Down Drive Gear 

Box (DDGB) and the Input Gear Box 

(IPGB), on all 10 Flap Tracks (5 per 

wing), have been reported by AIRBUS 

Long Range Operators. Investigations 

have revealed that corrosion and wear 

due to absence of grease in the spline 

interfaces could cause [DDS] 

disconnection which could result in a 

free movable flap surface, potentially 

leading to aircraft asymmetry or even 

flap detachment.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 February 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 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: Tim 

Backman, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington 

98057–3356; telephone (425) 227–2797; 

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–2009–0003; Directorate Identifier 

2007–NM–251–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 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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0026, 

dated February 12, 2008 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

Several cases of corrosion and damage on 

the Down Drive Shafts (DDS), between the 

Down Drive Gear Box (DDGB) and the Input 

Gear Box (IPGB), on all 10 Flap Tracks (5 per 

wing), have been reported by AIRBUS Long 

Range Operators. 

Investigations have revealed that corrosion 

and wear due to absence of grease in the 

spline interfaces could cause [DDS] 

disconnection which could result in a free 

movable flap surface, potentially leading to 

aircraft asymmetry or even flap detachment. 

Emergency Airworthiness Directive (EAD) 

2007–0222–E mandated on all aircraft older 

than 6 years since AIRBUS original delivery 

date of the aircraft, an initial inspection of all 

DDS and IPGB for corrosion and wear 

detection in order to replace any damaged 

part. 

Revision 1 of EAD 2007–0222–E aimed for 

clarifying the compliance instructions. 

[EASA AD 2008–0026] supersedes the EAD 

2007–0222R1–E and mandates repetitive 

inspections every 6 years for all the fleet. 

The corrective actions include replacing 

damaged parts before next flight. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Service Bulletins 

A330–27–3151, A330–27–3152, A340– 

27–4151, A340–27–4152, and A340–27– 

5040; all dated August 9, 2007. 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 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 

1650 Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Proposed Rules 

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 41 products of U.S. registry. 

We also estimate that it would take 

about 65 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $0 per product. 

Based on these figures, we estimate the 

cost of the proposed AD on U.S. 

operators to be $213,200, or $5,200 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: 

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: 

Airbus: Docket No. FAA–2009–0003; 

Directorate Identifier 2007–NM–251–AD. 

Comments Due Date 

(a) We must receive comments by February 

12, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A330– 

200 and –300 series airplanes, and A340– 

200, –300, –500 and –600 series airplanes, 

certificated in any category; all certified 

models, all manufacturer serial numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Several cases of corrosion and damage on 

the Down Drive Shafts (DDS), between the 

Down Drive Gear Box (DDGB) and the Input 

Gear Box (IPGB), on all 10 Flap Tracks (5 per 

wing), have been reported by AIRBUS Long 

Range Operators. 

Investigations have revealed that corrosion 

and wear due to absence of grease in the 

spline interfaces could cause [DDS] 

disconnection which could result in a free 

movable flap surface, potentially leading to 

aircraft asymmetry or even flap detachment. 

Emergency Airworthiness Directive (EAD) 

2007–0222–E mandated on all aircraft older 

than 6 years since AIRBUS original delivery 

date of the aircraft, an initial inspection of all 

DDS and IPGB for corrosion and wear 

detection in order to replace any damaged 

part. 

Revision 1 of EAD 2007–0222–E aimed for 

clarifying the compliance instructions. 

[EASA AD 2008–0026] supersedes the EAD 

2007–0222R1–E and mandates repetitive 

inspections every 6 years for all the fleet. 

The corrective actions include replacing 

damaged parts before next flight. 

Actions and Compliance 

(f) Unless already done, do the applicable 

inspections and corrective actions specified 

in paragraphs (f)(1) and (f)(2) of this AD in 

accordance with the instructions of the 

applicable service information specified in 

Table 1 of this AD. 

TABLE 1—SERVICE INFORMATION

For model— Airbus Service Bulletin— For actions specified in paragraph— 

A330 airplanes ................................................... A330–27–3151, dated August 9, 2007 ............ (f)(1)(i) and (f)(1)(ii) of this AD. 

A330 airplanes ................................................... A330–27–3152, dated August 9, 2007 ............ (f)(1)(iv) and (f)(2) of this AD. 

A340–200 and –300 airplanes ........................... A340–27–4151, dated August 9, 2007 ............ (f)(1)(i) and (f)(1)(ii) of this AD. 

A340–200 and –300 airplanes ........................... A340–27–4152, dated August 9, 2007 ............ (f)(1)(iv) and (f)(2) of this AD. 

A340–500 and –600 airplanes ........................... A340–27–5040, dated August 9, 2007 ............ (f)(2) of this AD. 

(1) For Model A330 airplanes, up to and 

including manufacturer serial number (MSN) 

0420, and Model A340–200 and –300 series 

airplanes, up to and including MSN 0415, 

except MSNs 0385 and 0395: Do the actions 

specified in paragraphs (f)(1)(i), (f)(1)(ii), and 

(f)(1)(iii) of this AD at the applicable time 

specified. 

(i) For airplanes on which less than 10 

years have accumulated since the date of 

issuance of the original French standard 

airworthiness certificate or the date of 

issuance of the original French export 

certificate of airworthiness as of the effective 

date of this AD: Within 24 months after the 

Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Proposed Rules 1651 

effective date of this AD, perform 

simultaneous detailed visual inspections of 

the IPGB and of the DDS on all flap tracks 

on both wings for corrosion and wear 

detection and do all applicable corrective 

actions. Do all applicable corrective actions 

before further flight. 

(ii) For airplanes on which 10 or more 

years have accumulated since the date of 

issuance of the original French standard 

airworthiness certificate or the date of 

issuance of the original French export 

certificate of airworthiness as of the effective 

date of this AD: Within 4 months after the 

effective date of this AD, perform 

simultaneous detailed visual inspections of 

the IPGB and of the DDS on flap tracks 2 and 

4 on both wings for corrosion and wear 

detection and do all applicable corrective 

actions. Do all applicable corrective actions 

before further flight. 

(iii) Within 30 days after performing an 

initial inspection required by paragraph 

(f)(1)(i) or (f)(1)(ii) of this AD, or within 30 

days after the effective date of this AD, 

whichever occurs later, report the initial 

inspection results only, whatever they are, to 

Airbus as specified in the reporting sheet of 

the applicable service information listed in 

Table 1 of this AD. 

(iv) Within 6 years after performing the 

inspection required by paragraph (f)(1)(i) or 

(f)(1)(ii) of this AD; and thereafter at intervals 

not exceeding 6 years: Perform simultaneous 

detailed visual inspections of the IPGB and 

of the DDS on all flap tracks on both wings 

for corrosion and wear detection and do all 

applicable corrective actions. Do all 

applicable corrective actions before further 

flight. 

(2) For airplanes other than those 

identified in paragraph (f)(1) of this AD: 

Within 6 years after issuance of the original 

French standard airworthiness certificate or 

the date of issuance of the original French 

export certificate of airworthiness, or within 

20 months after the effective date of this AD, 

whichever occurs later; and thereafter at 

intervals not exceeding 6 years: Perform 

simultaneous detailed visual inspections of 

the IPGB and of the DDS on all flap tracks 

on both wings for corrosion and wear 

detection and do all applicable corrective 

actions. Do all applicable corrective actions 

before further flight. 

Note 1: Airbus should be contacted in 

order to get appropriate information for 

airplanes on which the original delivery date 

of the airplane is unknown to the operator. 

FAA AD Differences 

Note 2: 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, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Tim Backman, 

Aerospace Engineer, International Branch, 

ANM–116, FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2797; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(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 MCAI EASA Airworthiness 

Directive 2008–0026, dated February 12, 

2008, and the service information specified 

in Table 1 of this AD, for related information. 

Issued in Renton, Washington, on 

December 29, 2008. 

Linda Navarro, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–458 Filed 1–12–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–1228; Airspace 

Docket No. 08–ACE–3] 

Proposed Amendment of Class E 

Airspace; Omaha, NE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Omaha, NE. 

Controlled airspace is necessary to 

accommodate new Standard Instrument 

Approach Procedures (SIAPs) at Blair 

Municipal Airport, Blair, NE. The FAA 

is taking this action to enhance the 

safety and management of Instrument 

Flight Rules (IFR) aircraft operations at 

Blair Municipal Airport. This action 

also would make minor changes to the 

geographic coordinates of the existing 

airports in the Omaha, NE, airspace 

area. 

DATES: Comments must be received on 

or before February 27, 2009. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2008– 

1228/Airspace Docket No. 08–ACE–3, at 

the beginning of your comments. You 

may also submit comments on the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76193–0530; telephone: (817) 

222–5582. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2008–1228/Airspace 

Docket No. 08–ACE–3.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/.