13148 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules 

this proposed AD. The average labor 

rate is $80 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$14,960, or $80 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: 

Dassault Aviation (Formerly Avions Marcel 

Dassault-Breguet Aviation (AMD/BA)): 

Docket No. FAA–2009–0263; Directorate 

Identifier 2008–NM–137–AD. 

Comments Due Date 

(a) We must receive comments by April 27, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Mystere-Falcon 20– 

C5, 20–D5, 20–E5, and 20–F5 airplanes, 

certificated in any category, without Dassault 

Service Bulletin F20–766 implemented. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 30: Ice and Rain Protection. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

This Airworthiness Directive (AD) is 

issued following the discovery of hot air 

leaks when operating the wing anti-icing 

system. The seals Part Number (P/N) 

MS29513–325, near the de-icing valves 

(12H1) and (12H2) in frame 33 area, do not 

have the proper temperature rating. 

The consequences, in the area of the hot air 

leak, are risks of ignition of potential 

hydraulic leaks. 

The purpose of this AD is to verify that 

seals with correct temperature rating have 

been installed on Mystere-Falcon 20-( )5 

airplanes. 

The corrective action includes replacing 

the left and right seals near de-icing valves 

(12H1) and (12H2) in frame area 33. 

Actions and Compliance 

(f) Unless already done, within 7 months 

after the effective date of this AD, perform an 

inspection for a red line marking on each of 

the Wiggins couplings that are located near 

the de-icing valves (12H1) and (12H2), in 

accordance with Dassault Service Bulletin 

F20–766, dated October 31, 2005. If a red line 

is not found, prior to further flight, replace 

the seals to the left and right Wiggins 

couplings, in accordance with Dassault 

Service Bulletin F20–766, dated October 31, 

2005. 

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, 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: Tom Rodriguez, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1137; 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 

Office. 

(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 2008–0123, dated July 2, 2008; and 

Dassault Service Bulletin F20–766, dated 

October 31, 2005; for related information. 

Issued in Renton, Washington, on March 

18, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–6735 Filed 3–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0264; Directorate 

Identifier 2008–NM–174–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–300, A340–200, and A340–300 

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. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules 13149 

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: 

One Long Range operator experienced a 

failure of one spoiler servo-control, 

associated with surface deflection in flight 

and hydraulic leak. On ground, this servocontrol Part Number (P/N) MZ4306000–02X 

was found with the maintenance cover 

broken. Investigations showed that the 

rupture of the maintenance cover was due to 

pressure pulse fatigue. 

* * * The rupture of the maintenance 

cover in flight may result in the deflection of 

the associated spoiler surface up to the nullhinge position (loss of the hydraulic locking). 

It may also result in the loss of the associated 

hydraulic system (external leakage). In the 

worst case, the three hydraulic systems may 

be affected, which constitutes an unsafe 

condition. 

* * * * * 

Loss of the three hydraulic systems 

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 April 27, 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. 

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 or 425–227–1152. 

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–2009–0264; Directorate Identifier 

2008–NM–174–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 2008–0160, 

dated August 22, 2008 (referred to after 

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

condition for the specified products. 

The MCAI states: 

One Long Range operator experienced a 

failure of one spoiler servo-control, 

associated with surface deflection in flight 

and hydraulic leak. On ground, this servocontrol Part Number (P/N) MZ4306000–02X 

was found with the maintenance cover 

broken. Investigations showed that the 

rupture of the maintenance cover was due to 

pressure pulse fatigue. 

The maintenance cover allows switching 

the servo-control from ‘‘Operational’’ to 

‘‘Maintenance’’ modes. The same cover is 

installed on all standard MZ spoiler servocontrols except on P/N MZ4339390–12 and 

MZ4306000–12, which have a reinforced 

maintenance cover. The rupture of the 

maintenance cover in flight may result in the 

deflection of the associated spoiler surface up 

to the null-hinge position (loss of the 

hydraulic locking). It may also result in the 

loss of the associated hydraulic system 

(external leakage). In the worst case, the three 

hydraulic systems may be affected, which 

constitutes an unsafe condition. 

For the reasons described above, this EASA 

AD requires the identification and the 

modification of all standard MZ spoiler 

servo-controls with initial maintenance cover 

(P/N MZ4339390–01X, –02X, –10X for 

position 1 and P/N MZ4306000–01X, 02X, 

–10X for positions 2 to 6) into standard MZ 

servo-controls with reinforced maintenance 

cover (P/N MZ4339390–12 for position 1 and 

P/N MZ4306000–12 for positions 2 to 6). 

Loss of the three hydraulic systems 

could result in reduced controllability 

of the airplane. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Airbus has issued the service 

information described in the following 

table. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

SERVICE INFORMATION

Service Bulletin Revision level Date 

Airbus Mandatory Service Bulletin A330–27A3154 ................................ 01 ................................................... July 25, 2008. 

Airbus Service Bulletin A330–27–3110 ................................................... 02 ................................................... March 2, 2007. 

Airbus Mandatory Service Bulletin A340–27A4154 ................................ 01 ................................................... July 25, 2008. 

Airbus Service Bulletin A340–27–4115 ................................................... 01 ................................................... March 2, 2007. 

13150 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules 

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 16 products of U.S. registry. We 

also estimate that it would take between 

1 work-hour per product to comply with 

the basic requirements of this proposed 

AD. The average labor rate is $80 per 

work-hour. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $1,280, or $80 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–2009–0264; 

Directorate Identifier 2008–NM–174–AD. 

Comments Due Date 

(a) We must receive comments by April 27, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A330– 

300, A340–200, and A340–300 series 

airplanes; certificated in any category, except 

those identified in paragraph (c)(1) and (c)(2) 

of this AD. 

(1) Airbus Model A330–301, –302, –303, 

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

airplanes, manufacturer serial numbers 

(MSNs) up to and including MSN 588, except 

those on which Airbus Service Bulletin 

A330–27–3110 has been embodied in service. 

(2) Airbus Model A340–211, –212, –213, 

–311, –312, and –313 airplanes, MSNs up to 

and including MSN 598, except those on 

which Airbus Service Bulletin A340–27– 

4115 has been embodied in service. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

One Long Range operator experienced a 

failure of one spoiler servo-control, 

associated with surface deflection in flight 

and hydraulic leak. On ground, this servocontrol Part Number (P/N) MZ4306000–02X 

was found with the maintenance cover 

broken. Investigations showed that the 

rupture of the maintenance cover was due to 

pressure pulse fatigue. 

The maintenance cover allows switching 

the servo-control from ‘‘Operational’’ to 

‘‘Maintenance’’ modes. The same cover is 

installed on all standard MZ spoiler servocontrols except on P/N MZ4339390–12 and 

MZ4306000–12, which have a reinforced 

maintenance cover. The rupture of the 

maintenance cover in flight may result in the 

deflection of the associated spoiler surface up 

to the null-hinge position (loss of the 

hydraulic locking). It may also result in the 

loss of the associated hydraulic system 

(external leakage). In the worst case, the three 

hydraulic systems may be affected, which 

constitutes an unsafe condition. 

For the reasons described above, this EASA 

AD requires the identification and the 

modification of all standard MZ spoiler 

servo-controls with initial maintenance cover 

(P/N MZ4339390–01X, –02X, –10X for 

position 1 and P/N MZ4306000–01X, 02X, 

–10X for positions 2 to 6) into standard MZ 

servo-controls with reinforced maintenance 

cover (P/N MZ4339390–12 for position 1 and 

P/N MZ4306000–12 for positions 2 to 6). 

Loss of the three hydraulic systems could 

result in reduced controllability of the 

airplane. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) For airplanes that have accumulated 

more than 8,500 total flight cycles since first 

flight as of the effective date of this AD: Do 

the actions required by paragraphs (f)(1)(i) 

and (f)(1)(ii) of this AD, as applicable. 

(i) Within 3 months after the effective date 

of this AD: Identify the part number of 

spoiler servo-controls installed on the 

airplane at all positions in order to determine 

the number of affected hydraulic circuits in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A330–27A3154, Revision 01; or 

Airbus Mandatory Service Bulletin A340– 

27A4154, Revision 01; both dated July 25, 

2008, as applicable. If there is no spoiler 

servo-control installed with a part number 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules 13151 

identified in Table 1 of this AD, no further 

action is required by this paragraph. 

(ii) If there is any spoiler servo-control 

installed with a part number identified in 

Table 1 of this AD, do all applicable actions 

required by paragraph (f)(2), (f)(3), or (f)(4) of 

this AD. 

TABLE 1—SPOILER SERVO-CONTROL

PART NUMBERS

Position 1 Positions 2 through 6 

MZ4339390–01X ....... MZ4306000–01X. 

MZ4339390–02X ....... MZ4306000–02X. 

MZ4339390–10X ....... MZ4306000–10X. 

(2) If three affected hydraulic circuits are 

identified during the inspection required by 

paragraph (f)(1) of this AD, do the actions 

required by paragraphs (f)(2)(i), (f)(2)(ii), and 

(f)(2)(iii) of this AD, at the time specified. 

(i) Before the accumulation of 10,400 total 

flight cycles since first flight, or within 3 

months after accomplishing the requirements 

of paragraph (f)(1)(i) of this AD, whichever 

occurs later: Modify the affected spoiler 

servo-controls on one hydraulic circuit in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A330– 

27–3110, Revision 02; or Airbus Service 

Bulletin A340–27–4115, Revision 01; both 

dated March 2, 2007, as applicable. 

(ii) Before the accumulation of 10,800 total 

flight cycles since first flight, or within 6 

months after accomplishing the requirements 

in paragraph (f)(1)(i) of this AD, whichever 

occurs later: Modify the affected spoiler 

servo-controls on the second hydraulic 

circuit in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A330–27–3110, Revision 02; 

or Airbus Service Bulletin A340–27–4115, 

Revision 01; both dated March 2, 2007, as 

applicable. 

(iii) Within 18 months after the effective 

date of this AD: Modify the remaining 

affected spoiler servo-controls in accordance 

with the Accomplishment Instructions of 

Airbus Service Bulletin A330–27–3110, 

Revision 02; or Airbus Service Bulletin 

A340–27–4115, Revision 01; both dated 

March 2, 2007, as applicable. 

(3) If two affected hydraulic circuits are 

identified during the inspection required by 

paragraph (f)(1) of this AD, do the actions 

required by paragraphs (f)(3)(i) and (f)(3)(ii) 

of this AD, at the time specified: 

(i) Before the accumulation of 10,800 total 

flight cycles since first flight, or within 6 

months after accomplishing the requirements 

in paragraph (f)(1)(i) of this AD, whichever 

occurs later: Modify the affected spoiler 

servo-controls on one hydraulic circuit in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A330– 

27–3110, Revision 02; or Airbus Service 

Bulletin A340–27–4115, Revision 01; both 

dated March 2, 2007, as applicable. 

(ii) Within 18 months after the effective 

date of this AD: Modify the remaining 

affected spoiler servo-controls in accordance 

with the Accomplishment Instructions of 

Airbus Service Bulletin A330–27–3110, 

Revision 02; or Airbus Service Bulletin 

A340–27–4115, Revision 01; both dated 

March 2, 2007, as applicable. 

(4) If one affected hydraulic circuit is 

identified during the inspection required by 

paragraph (f)(1) of this AD: Within 18 months 

after the effective date of this AD, modify the 

affected spoiler servo-controls in accordance 

with the Accomplishment Instructions of 

Airbus Service Bulletin A330–27–3110, 

Revision 02; or Airbus Service Bulletin 

A340–27–4115, Revision 01; both dated 

March 2, 2007, as applicable. 

(5) For airplanes that have accumulated 

less than or equal to 8,500 total flight cycles 

since first flight as of the effective date of this 

AD: Do the actions required by paragraphs 

(f)(5)(i) and (f)(5)(ii) of this AD, as applicable. 

(i) Within 9 months after the effective date 

of this AD: Do the actions specified in 

paragraph (f)(1)(i) of this AD. If there is no 

spoiler servo-control installed with a part 

number identified in Table 1 of this AD, no 

further action is required by this paragraph. 

(ii) If there is any spoiler servo-control 

installed with a part number identified in 

Table 1 of this AD: Within 18 months after 

the effective date of this AD, modify all the 

affected spoiler servo-controls in accordance 

with the Accomplishment Instructions of 

Airbus Service Bulletin A330–27–3110, 

Revision 02; or Airbus Service Bulletin 

A340–27–4115, Revision 01; both dated 

March 2, 2007, as applicable. 

(6) As of the effective date of this AD, no 

person may install any spoiler servo-control 

with a part number identified in Table 1 of 

this AD on any aircraft as a replacement part, 

unless the part has been modified in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A330– 

27–3110, Revision 02; or Airbus Service 

Bulletin A340–27–4115, Revision 01; both 

dated March 2, 2007, as applicable. 

(7) Actions accomplished before the 

effective date of this AD in accordance with 

the service bulletins specified in Table 2 of 

this AD are considered acceptable for 

compliance with the corresponding 

requirements of this AD. 

TABLE 2—CREDIT SERVICE INFORMATION

Service Bulletin Revision level Date 

Airbus Service Bulletin A330–27–3110 ................................................... Original .......................................... November 28, 2003. 

Airbus Service Bulletin A330–27–3110 ................................................... 01 ................................................... March 26, 2004. 

Airbus Service Bulletin A340–27–4115 ................................................... Original .......................................... November 28, 2003. 

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: 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. 

(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 European Aviation Safety 

Agency Airworthiness Directive 2008–0160, 

dated August 22, 2008, and the service 

bulletins specified in Table 3 of this AD, for 

related information. 

TABLE 3—SERVICE INFORMATION

Service Bulletin Revision 

level Date 

Airbus Mandatory Service Bulletin A330–27A3154 ................................................................................... 01 July 25, 2008. 

13152 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Proposed Rules 

1For purposes of this proposed policy statement, 

‘‘demand resources’’ refers to the set of demand 

response resources and energy efficiency resources 

and programs that can be used to reduce demand 

or reduce electricity demand growth. 

2 DER comprises dispersed generation devices 

and dispersed storage devices, including 

reciprocating engines, fuel cells, microturbines, 

photovoltaics, combined heat and power, and 

energy storage. See International Electrotechnical 

Commission, International Standards IEC 61850–7– 

420. 

3Energy Independence and Security Act of 2007, 

Public Law No. 110–140, 121 Stat. 1492 (2007) 

(EISA). 

TABLE 3—SERVICE INFORMATION—Continued 

Service Bulletin Revision 

level Date 

Airbus Service Bulletin A330–27–3110 ..................................................................................................... 02 March 2, 2007. 

Airbus Mandatory Service Bulletin A340–27A4154 ................................................................................... 01 July 25, 2008. 

Airbus Service Bulletin A340–27–4115 ..................................................................................................... 01 March 2, 2007. 

Issued in Renton, Washington, on March 

18, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–6734 Filed 3–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Chapter I 

[Docket No. PL09–4–000] 

Smart Grid Policy 

Issued March 19, 2009. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Proposed policy statement and 

action plan. 

SUMMARY: This proposed policy 

statement and action plan provides 

guidance to inform the development of 

a smarter grid for the Nation’s electric 

transmission system focusing on the 

development of key standards to 

achieve interoperability of smart grid 

devices and systems. The Commission 

also proposes a rate policy for the 

interim period until interoperability 

standards are adopted. Smart grid 

investments that demonstrate system 

security and compliance with 

Commission-approved Reliability 

Standards, the ability to be upgraded, 

and other specified criteria will be 

eligible for timely rate recovery and 

other rate treatments. This rate policy 

will encourage development of smart 

grid systems. 

DATES: Comments on the proposed 

policy statement and action plan are 

due May 11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

David Andrejcak, Office of Electric 

Reliability, 888 First Street, NE., 

Washington, DC 20426 (202) 502– 

6721, david.andrejcak@ferc.gov. 

Elizabeth H. Arnold, Office of General 

Counsel, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8818, elizabeth.arnold@ferc.gov. 

Ray Palmer, Office of Energy Market 

Regulation, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

6569, ray.palmer@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Before Commissioners: Jon Wellinghoff, 

Acting Chairman; Suedeen G. Kelly, 

Marc Spitzer, and Philip D. Moeller. 

Proposed Policy Statement and Action 

Plan 

Issued March 19, 2009. 

1. The Commission is issuing this 

proposed policy statement to articulate 

its policies and near-term priorities to 

help achieve the modernization of the 

Nation’s electric transmission system, 

one aspect of which is ‘‘Smart Grid’’ 

development. Smart Grid advancements 

will apply digital technologies to the 

grid, and enable real-time coordination 

of information from generation supply 

resources, demand resources,1 and 

distributed energy resources (DER).2

This will bring new efficiencies to the 

electric system through improved 

communication and coordination 

between utilities and with the grid, 

which will translate into savings in the 

provision of electric service. Ultimately 

the smart grid will facilitate consumer 

transactions and allow consumers to 

better manage their electric energy costs. 

These technologies will also enhance 

the ability to ensure the reliability of the 

bulk-power system. The Commission’s 

interest and responsibilities in this area 

derive from its authority over the rates, 

terms and conditions of transmission 

and wholesale sales in interstate 

commerce, its responsibility for 

approving and enforcing mandatory 

reliability standards for the bulk-power 

system in the United States, and a 

recently enacted law 3 requiring the 

Commission to adopt interoperability 

standards and protocols necessary to 

ensure smart-grid functionality and 

interoperability in the interstate 

transmission of electric power and in 

regional and wholesale electricity 

markets. The development and 

implementation of these interoperability 

standards is a challenging task, which 

requires the efforts of industry, the 

states and other federal agencies, in 

addition to the Commission. The 

Commission intends to use its authority, 

in coordination and cooperation with 

other governmental entities, to help 

achieve interoperability in a timely 

manner. Achievement of 

interoperability will not only increase 

the efficiency of the bulk-power system, 

with the goal of achieving long-term 

consumer savings, but will also enable 

demand response and other consumer 

transactions and activities that give 

consumers the tools to better control 

their electric energy costs. Reaching this 

goal will also help promote the 

integration of significant new renewable 

power into the transmission system and 

help state and federal initiatives to 

promote greater reliance on renewable 

power and meet future demand growth 

to satisfy the Nation’s energy needs. 

2. The purpose of the policy statement 

the Commission ultimately adopts will 

be to prioritize the development of key 

interoperability standards, provide 

guidance to the electric industry 

regarding the need for full cybersecurity 

for Smart Grid projects, and provide an 

interim rate policy under which 

jurisdictional public utilities may seek 

to recover the costs of Smart Grid 

deployments before relevant standards 

are adopted through a Commission 

rulemaking. Specifically, development 

of interoperability standards for intersystem communication, system security, 

wide-area situational awareness, 

demand response, electric storage, and 

electric transportation should be 

prioritized and accelerated. The work 

done on certain standards will provide 

a foundation for development of many 

other standards. 

3. In addition, as further explained 

below, for the near term we propose 

certain rate treatments to encourage 

investment in Smart Grid technologies 

that advance efficiency, security, 

reliability and interoperability in order 

to address potential challenges to the