10166 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 

List of Subjects in 5 CFR Part 630 

Government employees. 

■ Accordingly, 5 CFR part 630 is 

corrected by making the following 

correcting amendments: 

PART 630—ABSENCE AND LEAVE 

■ 1. The authority citation for part 630 

continues to read as follows: 

Authority: 5 U.S.C. 6311; § 630.205 also 

issued under Public Law 108–411, 118 Stat. 

2312; § 630.301 also issued under Public Law 

103–356, 108 Stat. 3410 and Public Law 108– 

411, 118 Stat. 2312; § 630.303 also issued 

under 5 U.S.C. 6133(a); §§ 630.306 and 

630.308 also issued under 5 U.S.C. 

6304(d)(3), Public Law 102–484, 106 Stat. 

2722, and Public Law 103–337, 108 Stat. 

2663; subpart D also issued under Public Law 

103–329, 108 Stat. 2423; § 630.501 and 

subpart F also issued under E.O. 11228, 30 

FR 7739, 3 CFR, 1974 Comp., p. 163; subpart 

G also issued under 5 U.S.C. 6305; subpart 

H also issued under 5 U.S.C. 6326; subpart 

I also issued under 5 U.S.C. 6332, Public Law 

100–566, 102 Stat. 2834, and Public Law 

103–103, 107 Stat. 1022; subpart J also issued 

under 5 U.S.C. 6362, Public Law 100–566, 

and Public Law 103–103; subpart K also 

issued under Public Law 105–18, 111 Stat. 

158; subpart L also issued under 5 U.S.C. 

6387 and Public Law 103–3, 107 Stat. 23; and 

subpart M also issued under 5 U.S.C. 6391 

and Public Law 102–25, 105 Stat. 92. 

Subpart K—Emergency Leave Transfer 

Program 

■ 2. Section § 630.1104 is revised to 

read as follows: 

§ 630.1104 Donations from a leave bank to 

an emergency leave transfer program. 

A leave bank established under 

subchapter IV of chapter 63 of title 5, 

United States Code, and subpart J of part 

630 may, with the concurrence of the 

leave bank board established under 

§ 630.1003, donate annual leave to an 

emergency leave transfer program 

administered by its own agency, or, 

during a Governmentwide transfer of 

emergency leave coordinated by OPM, 

to an emergency leave transfer program 

administered by another agency. 

Donated annual leave not used by an 

emergency leave recipient must be 

returned to the leave bank as provided 

in § 630.1117. 

U.S. Office of Personnel Management. 

Jerome D. Mikowicz, 

Deputy Associate Director, Center for Pay and 

Leave Administration. 

[FR Doc. E9–5027 Filed 3–9–09; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0189; Directorate 

Identifier 2009–CE–011–AD; Amendment 

39–15831; AD 2009–05–07] 

RIN 2120–AA64 

Airworthiness Directives; PILATUS 

AIRCRAFT LTD. Models PC–12, PC–12/ 

45, PC–12/47, and PC–12/47E Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above that will 

supersede an existing AD. This AD 

results from mandatory continuing 

airworthiness information (MCAI) 

issued by the aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Some operators have reported occurrences 

where the rear stick-pusher cable clamp 

shifted forward on the elevator cable. This 

condition, if not corrected, may reduce the 

effectiveness of the stick-pusher and/or limit 

elevator control movement. 

Ambiguous information in the adjustment 

procedure for the stick-pusher cable tension 

and stick-pusher cable tension relaxation 

with time were identified as contributing 

factors. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

March 30, 2009. 

On March 30, 2009, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive comments on this 

AD by April 9, 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 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, 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 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 street address for 

the Docket 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: 

Doug Rudolph, Aerospace Engineer, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4059; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On March 5, 2008, we issued AD 

2008–06–17, Amendment 39–15429 (73 

FR 13438; March 13, 2008). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2008–06–17, the 

new MCAI adds affected serial numbers, 

adds the Model PC–12/47E, and 

references new service information that 

supersedes old service information 

referenced in AD 2008–06–17. The 

inspection and corrective action in AD 

2008–06–17 did not fully address the 

unsafe condition. The new service 

bulletin calls out an improved 

inspection and corrective action 

procedures to address the unsafe 

condition. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD No.: 

2009–0040, dated February 20, 2009 

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

correct an unsafe condition for the 

specified products. The MCAI states: 

Some operators have reported occurrences 

where the rear stick-pusher cable clamp 

shifted forward on the elevator cable. This 

condition, if not corrected, may reduce the 

effectiveness of the stick-pusher and/or limit 

elevator control movement. 

Ambiguous information in the adjustment 

procedure for the stick-pusher cable tension 

and stick-pusher cable tension relaxation 

with time were identified as contributing 

factors. 

For the reason described above, this 

Airworthiness Directive (AD) requires an 

inspection of the stick-pusher servo-cables 

installation and adjustment of the stickpusher cable tension, as necessary. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 10167 

Relevant Service Information 

PILATUS AIRCRAFT LTD. has issued 

PC12 Service Bulletin No. 27–020, 

Revision No. 1, dated January 30, 2009. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of the 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 this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all 

information provided by the State of 

Design Authority and determined the 

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 have also required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are described in a 

separate paragraph of the AD. These 

requirements take precedence over 

those copied from the MCAI. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because if uncorrected, the possible 

jamming of the loose stick pusher cable 

could lead to loss of elevator control. 

Therefore, we determined that notice 

and opportunity for public comment 

before issuing this AD are impracticable 

and that good cause exists for making 

this amendment effective in fewer than 

30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–0189; 

Directorate Identifier 2009–CE–011– 

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 that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

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

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Amendment 39–15429 (73 FR 

13438; March 13, 2008), and adding the 

following new AD: 

2009–05–07 Pilatus Aircraft Ltd.: 

Amendment 39–15831; Docket No. 

FAA–2009–0189; Directorate Identifier 

2009–CE–011–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective March 30, 2009. 

Affected ADs 

(b) This AD supersedes AD 2008–06–17, 

Amendment 39–15429. 

Applicability 

(c) This AD applies to the following model 

and serial number airplanes, certificated in 

any category. 

(1) Models PC–12, PC–12/45, PC–12/47, 

manufacturer serial numbers (MSNs) 101 

through 544, and MSNs 546 through 888; and 

(2) Model PC–12/47E, manufacturer serial 

number 545, and MSNs 1001 through 1101. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Some operators have reported occurrences 

where the rear stick-pusher cable clamp 

shifted forward on the elevator cable. This 

condition, if not corrected, may reduce the 

effectiveness of the stick-pusher and/or limit 

elevator control movement. 

Ambiguous information in the adjustment 

procedure for the stick-pusher cable tension 

and stick-pusher cable tension relaxation 

with time were identified as contributing 

factors. 

For the reason described above, this 

Airworthiness Directive (AD) requires an 

10168 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 

inspection of the stick-pusher servo-cables 

installation and adjustment of the stickpusher cable tension, as necessary. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 150 hours time-in-service (TIS) 

or 30 days after March 30, 2009 (the effective 

date of this AD), whichever occurs first, 

inspect the stick-pusher servo-cables for 

correct installation, position, and tension in 

accordance with the Accomplishment 

Instructions of PILATUS AIRCRAFT LTD. 

PC12 Service Bulletin No. 27–020, Revision 

No. 1, dated January 30, 2009. 

(2) If any discrepancy is found as a result 

of the inspection required by paragraph (f)(1) 

of this AD, before further flight, do all 

corrective actions in accordance with the 

Accomplishment Instructions of PILATUS 

AIRCRAFT LTD. PC12 Service Bulletin No. 

27–020, Revision No. 1, dated January 30, 

2009. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: The MCAI 

does not supersede the previous MCAI on 

which FAA AD 2008–06–17 was based 

because it was a one-time inspection. For 

consistency within the FAA’s regulatory 

system and to avoid confusion, this AD 

supersedes AD 2008–06–17. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

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: Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4059; fax: (816) 329– 

4090. 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 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 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No.: 2009–0040, 

dated February 20, 2009, and PILATUS 

AIRCRAFT LTD. PC12 Service Bulletin No. 

27–020, Revision No. 1, dated January 30, 

2009, for related information. 

Material Incorporated by Reference 

(i) You must use PILATUS AIRCRAFT 

LTD. PC12 Service Bulletin No. 27–020, 

Revision No. 1, dated January 30, 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 PILATUS AIRCRAFT LTD., 

Customer Service Manager, CH–6371 

STANS, Switzerland; telephone: +41 (0)41 

619 62 08; fax: +41 (0)41 619 73 11; Internet: 

http://www.pilatus-aircraft.com/, or e-mail: 

SupportPC12@pilatus-aircraft.com. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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 Kansas City, Missouri on 

February 25, 2009. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–4437 Filed 3–9–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0980; Directorate 

Identifier 2008–NM–008–AD; Amendment 

39–15834; AD 2009–05–10] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330 Airplanes, and Model A340–200 

and A340–300 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to certain Airbus Model 

A330, A340–200, and A340–300 series 

airplanes. That AD currently requires 

repetitive inspections of a certain 

bracket that attaches the flight deck 

instrument panel to the airplane 

structure; related investigative and 

corrective actions if necessary; and 

replacement of the existing bracket with 

a titanium-reinforced bracket, which 

ends the repetitive inspections in the 

existing AD. This new AD adds 

requirements only for airplanes on 

which the existing bracket was replaced 

with a titanium-reinforced bracket in 

accordance with the existing AD. The 

additional requirement is a one-time 

inspection to determine if certain 

fasteners are broken or cracked, and 

corrective actions if necessary. This AD 

results from a report that incorrect 

torque values could damage the bracket. 

We are issuing this AD to prevent a 

cracked bracket. Failure of this bracket, 

combined with failure of the horizontal 

beam, could result in collapse of the left 

part of the flight deck instrument panel, 

and consequent reduced controllability 

of the airplane. 

DATES: This AD becomes effective April 

14, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of April 14, 2009. 

On February 8, 2007 (72 FR 256, 

January 4, 2007), the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in the AD. 

ADDRESSES: For service information 

identified in this AD, contact Airbus 

SAS—Airworthiness Office—EAL, 1 

Rond Point Maurice Bellonte, 31707 

Blagnac Cedex, France; fax +33 5 61 93 

45 80, e-mail airworthiness.A330- 

A340@airbus.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Document 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: 

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: