Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 15401 

(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, 

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 Canadian Airworthiness 

Directive CF–2008–33R1, dated January 9, 

2009; and Bombardier Temporary Revision 

2A–41, dated November 7, 2007, to 

Appendix A of the Airworthiness 

Requirements, Part 2, of the Bombardier CL– 

600–2B19 Maintenance Requirements 

Manual; for related information. 

Issued in Renton, Washington, on March 

30, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–7643 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0309; Directorate 

Identifier 2008–NM–173–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200, 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) 

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 have been reported of inflight loss of the drive strut fitting from the 

movable fairing of flap track No. 3. 

Consequently, the flap track No. 3 fairing was 

detached from its aft end, and found hanging. 

Investigations have shown that the 

detachment of the aft lower drive strut fitting 

from the fairing occurred due to the four 

bonded inserts being pulled out. 

This condition, if not corrected, could lead 

to in-flight loss of the affected aircraft parts, 

potentially resulting in injuries to persons on 

the ground. 

* * * * * 

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 May 6, 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; 

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) 227–1320. 

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–2009–0309; Directorate Identifier 

2008–NM–173–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 2008–0153, 

dated August 8, 2008 (referred to after 

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

condition for the specified products. 

The MCAI states: 

Several cases have been reported of inflight loss of the drive strut fitting from the 

movable fairing of flap track No. 3. 

Consequently, the flap track No. 3 fairing was 

detached from its aft end, and found hanging. 

Investigations have shown that the 

detachment of the aft lower drive strut fitting 

from the fairing occurred due to the four 

bonded inserts being pulled out. 

This condition, if not corrected, could lead 

to in-flight loss of the affected aircraft parts, 

potentially resulting in injuries to persons on 

the ground. 

For the reason described above, this AD 

requires the modification of the movable flap 

track fairing No. 3, both Left Hand (LH) and 

Right Hand (RH) side, and prohibits reinstallation of unmodified units. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletins A330–57–3095, Revision 02, 

dated April 3, 2008; and A340–57–4103, 

Revision 01, dated April 3, 2008. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This 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 


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15402 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 

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 about 35 products of U.S. registry. 

We also estimate that it would take 

about 19 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 $647 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 costs. 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 the 

proposed AD on U.S. operators to be 

$75,845, or $2,167 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–2009–0309; 

Directorate Identifier 2008–NM–173–AD. 

Comments Due Date 

(a) We must receive comments by May 6, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

identified in paragraphs (c)(1) and (c)(2) of 

this AD, certificated in any category. 

(1) Airbus Models A330–201, –202, –203, 

–223, –243, –301, –302, –303, –321, –322, 

–323, –341, –342, and –343 airplanes, all 

manufacturer serial numbers (MSN), except 

those on which Airbus modification 55674 

has been embodied in production. 

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

–311, –312, and –313 airplanes, all MSN, 

except those on which Airbus modification 

55674 has been embodied in production. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Several cases have been reported of inflight loss of the drive strut fitting from the 

movable fairing of flap track No. 3. 

Consequently, the flap track No. 3 fairing was 

detached from its aft end, and found hanging. 

Investigations have shown that the 

detachment of the aft lower drive strut fitting 

from the fairing occurred due to the four 

bonded inserts being pulled out. 

This condition, if not corrected, could lead 

to in-flight loss of the affected aircraft parts, 

potentially resulting in injuries to persons on 

the ground. 

For the reason described above, this AD 

requires the modification of the movable flap 

track fairing No. 3, both Left Hand (LH) and 

Right Hand (RH) side, and prohibits reinstallation of unmodified units. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 60 months after the effective 

date of this AD, modify the left- and righthand movable flap track fairing No. 3, in 

accordance with Airbus Mandatory Service 

Bulletin A330–57–3095, Revision 02; or 

A340–57–4103, Revision 01; both dated April 

3, 2008; as applicable. 

(2) Modifying the left- and right-hand 

movable flap track fairing No. 3 is also 

acceptable for compliance with the 

requirements of paragraph (f)(1) of this AD if 

done before the effective date of this AD in 

accordance with Airbus Mandatory Service 

Bulletin A330–57–3095, Revision 01; or 

A340–57–4103; both dated August 28, 2007; 

as applicable. 

(3) Installing a repaired left- and right-hand 

movable flap track fairing No. 3 using 

replacement of a damaged insert by throughbolts at the drive strut attachment fitting is 

acceptable for compliance with the 

requirements of paragraph (f)(1) of this AD if 

done before the effective date of this AD in 

accordance with the repair instructions 

specified in Chapter 57–56–11, page block 

201, in one of the Airbus structural repair 

manuals listed in Table 1 of this AD, as 

applicable. 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 15403 

TABLE 1—STRUCTURAL REPAIR MANUALS

Document Revision Date 

Airbus A330 Structural Repair Manual ............................................................................................................ 60 October 1, 2008. 

Airbus A330 Structural Repair Manual ............................................................................................................ 61 January 1, 2009. 

Airbus A340–200/–300 Structural Repair Manual ........................................................................................... 64 October 1, 2008. 

Airbus A340–200/–300 Structural Repair Manual ........................................................................................... 65 January 1, 2009. 

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

person may install a movable flap track 

fairing No. 3 on that airplane, unless it has 

been modified or repaired in accordance with 

the requirements of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

Differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, 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) 227–1320. 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 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, 

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– 

0153, dated August 8, 2008; and Airbus 

Mandatory Service Bulletins A330–57–3095, 

Revision 02, and A340–57–4103, Revision 

01, both dated April 3, 2008; for related 

information. 

Issued in Renton, Washington, on March 

30, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–7642 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0229; Airspace 

Docket No. 09–ASO–13] 

RIN 2120–AA66 

Proposed Revocation of VOR Federal 

Airway V–329; Alabama-Florida 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

revoke very high frequency 

omnidirectional range (VOR) Federal 

airway V–329, which extends between 

Montgomery, AL and the Crestview, FL, 

area. Revocation of the route is being 

proposed because a navigation aid that 

forms a segment of V–329 is planned for 

decommissioning due to recurring 

outages and maintenance problems. 

DATES: Comments must be received on 

or before May 21, 2009. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, 1200 New Jersey Avenue, SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001; telephone: 

(202) 366–9826. You must identify FAA 

Docket No. FAA–2009–0229 and 

Airspace Docket No. 09–ASO–13 at the 

beginning of your comments. You may 

also submit comments through the 

Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

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 (FAA Docket No. FAA– 

2009–0229 and Airspace Docket No. 09– 

ASO–13) and be submitted in triplicate 

to the Docket Management Facility (see 

‘‘ADDRESSES’’ section for address and 

phone number). You may also submit 

comments through the Internet at http:// 

www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2009–0229 and 

Airspace Docket No. 09–ASO–13.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

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/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

‘‘ADDRESSES’’ section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 


pwalker on PROD1PC71 with PROPOSALS