19464 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Proposed Rules 

This Ejection Jack failure may prevent the 

effective deployment and use of the RAT in 

emergency conditions. 

This AD therefore mandates the 

replacement of an Ejection Jack that has been 

previously reworked in accordance with the 

incomplete CMM requirements. This will 

restore the reliability of the Ejection Jack of 

the RAT. 

The implementation of this modification 

was originally managed by an Airbus 

monitoring campaign. However, the rate of 

installation of the corrective action by 

operators has not met the predicated [sic] 

target. As such and to ensure continued 

compliance with the certification 

requirements, it is considered necessary to 

require compliance by means of an AD. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 12 months after the effective 

date of this AD, identify the serial number of 

the installed ejection jack of the RAT, in 

accordance with Accomplishment 

Instructions of Airbus Service Bulletin A320– 

29–1136, dated February 20, 2007. If the 

serial number is included in the affected 

batch identified in the service bulletin, before 

further flight, replace the ejection jack of the 

RAT with a modified or reworked ejection 

jack, in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–29–1136, dated 

February 20, 2007. 

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

person may install a RAT Ejection Jack 

Model ERPS13EJ, P/N 114160004A or 

114160005, on any airplane unless the 

ejection jack has been modified or reworked 

in accordance with Airbus Service Bulletin 

A320–29–1136, dated February 20, 2007. 

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: Tim Dulin, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2141; 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 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– 

0199, dated November 5, 2008, and Airbus 

Service Bulletin A320–29–1136, dated 

February 20, 2007, for related information. 

Issued in Renton, Washington, on April 15, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service 

[FR Doc. E9–9712 Filed 4–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0381; Directorate 

Identifier 2009–NM–008–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200 and –300 Series Airplanes 

and A340–200 and –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: An A340 operator has 

reported an uncommanded engine N°4 

shut down during taxi after landing. The 

root cause of this event has been 

identified as failure of the fuel pump 

Non Return Valve (NRV) preventing the 

collector cell jet pump from working. 

This led to engine N°4 collector cell fuel 

level to drop below the pump inlet and 

consequently causing engine N°4 flame 

out. Multiple NRV failures in 

combination with failure modes 

trapping fuel could potentially increase 

the quantity of unusable fuel on aircraft 

possibly leading to fuel starvation 

which could result in engine in-flight 

shut down and would constitute an 

unsafe condition. 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 29, 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, 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) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 


tjames on PRODPC75 with PROPOSALS
Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Proposed Rules 19465 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0381; Directorate Identifier 

2009–NM–008–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 2008–0209, 

dated November 27, 2008 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

An A340 operator has reported an 

uncommanded engine N°4 shut down during 

taxi after landing. 

The root cause of this event has been 

identified as failure of the fuel pump Non 

Return Valve (NRV) preventing the collector 

cell jet pump from working. This led to 

engine N°4 collector cell fuel level to drop 

below the pump inlet and consequently 

causing engine N°4 flame out. 

A330 aircraft which have a similar design 

are also impacted by this issue. 

Multiple NRV failures in combination with 

failure modes trapping fuel could potentially 

increase the quantity of unusable fuel on 

aircraft possibly leading to fuel starvation 

which could result in engine in-flight shut 

down and would constitute an unsafe 

condition. 

To prevent such an event, this 

Airworthiness Directive (AD) requires a 

periodic operational test to check the correct 

operation of NRV and to apply the associated 

corrective actions. 

The corrective action includes 

replacing any failed NRV with a new 

NRV. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletins A330–28–3108 and A340–28– 

4123, both including Appendix 1, both 

dated October 13, 2008. The actions 

described in the 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 

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 50 products of U.S. registry. 

We also estimate that it would take 

about 5 work-hours 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 

$20,000, or $400 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–2009–0381; 

Directorate Identifier 2009–NM–008–AD. 

Comments Due Date 

(a) We must receive comments by May 29, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

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

the AD, certificated in any category. 

(1) Airbus Model A330–200 and A330–300 

series airplanes, all serial numbers. 


tjames on PRODPC75 with PROPOSALS
19466 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Proposed Rules 

(2) Airbus Model A340–200 and A340–300 

series airplanes, all serial numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

An A340 operator has reported an 

uncommanded engine N°4 shut down during 

taxi after landing. 

The root cause of this event has been 

identified as failure of the fuel pump NonReturn Valve (NRV) preventing the collector 

cell jet pump from working. This led to 

engine N°4 collector cell fuel level to drop 

below the pump inlet and consequently 

causing engine N°4 flame out. 

A330 aircraft which have a similar design 

are also impacted by this issue. 

Multiple NRV failures in combination with 

failure modes trapping fuel could potentially 

increase the quantity of unusable fuel on 

aircraft possibly leading to fuel starvation 

which could result in engine in-flight shut 

down and would constitute an unsafe 

condition. 

To prevent such an event, this 

Airworthiness Directive (AD) requires a 

periodic operational test to check the correct 

operation of NRV and to apply the associated 

corrective actions. 

The corrective action includes replacing 

any failed NRV with a new NRV. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) For Model A330 series airplanes: At the 

later of the times in paragraphs (f)(1)(i) and 

(f)(1)(ii) of this AD, perform an operational 

test for correct functioning of the NRV and 

apply all applicable corrective actions, in 

accordance with instructions defined in 

Airbus Mandatory Service Bulletin A330–28– 

3108, including Appendix 1, dated October 

13, 2008. Do all applicable corrective actions 

before further flight. 

(i) Within 24 months or 8,000 flight hours 

after the effective date of this AD, whichever 

occurs first. 

(ii) Before the accumulation of 10,000 

flight hours after the first flight of the 

airplane. 

(2) For Model A340–200 and –300 series 

airplanes: At the later of the times in 

paragraphs (f)(2)(i) and (f)(2)(ii) of this AD, 

perform an operational test for correct 

functioning of the NRV and apply all 

applicable corrective actions in accordance 

with instructions defined in Airbus 

Mandatory Service Bulletin A340–28–4123, 

including Appendix 1, dated October 13, 

2008. Do all applicable corrective actions 

before further flight. 

(i) Within 24 months or 9,000 flight hours 

after the effective date of this AD, whichever 

occurs first. 

(ii) Before the accumulation of 25,000 

flight hours after the first flight of the 

airplane. 

(3) Repeat the operational test specified in 

paragraph (f)(1) or (f)(2) of this AD at the 

applicable interval in paragraph (f)(3)(i) or 

(f)(3)(ii) of this AD. 

(i) For Model A330 airplanes: At intervals 

not to exceed 10,000 flight hours. 

(ii) For Model A340–200 and –300 

airplanes: At intervals not to exceed 25,000 

flight hours. 

(4) Submit a report of the findings (both 

positive and negative) of the inspection 

required by paragraph (f)(1) or (f)(2) of this 

AD to Airbus, at the time specified in 

paragraph (f)(4)(i) or (f)(4)(ii) of this AD, as 

applicable. The report must include the 

information specified in Appendix 1 of 

Airbus Mandatory Service Bulletins A330– 

28–3108 and A340–28–4123, both dated 

October 13, 2008, as applicable. Send the 

report to Airbus Department SEEE6, Airbus 

Customer Services Directorate, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex 

France, ATTN: SDC32 Technical Data and 

Documentation Services; fax: +33 5 61 93 28 

06; e-mail: sb.reporting@airbus.com. 

(i) If the inspection was done after the 

effective date of this AD: Submit the report 

within 30 days after the inspection. 

(ii) If the inspection was done on or prior 

to the effective date of this AD: Submit the 

report within 30 days after the effective date 

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) 227–1149. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

appropriate principal maintenance inspector 

(PMI) or the 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 European Aviation 

Safety Agency Airworthiness Directive 2008– 

0209, dated November 27, 2008; and Airbus 

Mandatory Service Bulletins A330–28–3108 

and A340–28–4123, both including 

Appendix 1, both dated October 13, 2008; for 

related information. 

Issued in Renton, Washington, on April 15, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–9713 Filed 4–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 701 

[Docket No. 080722875–8876–01] 

RIN 0694–AE40 

Reporting of Offsets Agreements in 

Sales of Weapon Systems or DefenseRelated Items to Foreign Countries or 

Foreign Firms 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Proposed rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is proposing to amend the 

Reporting of Offsets Agreements in 

Sales of Weapon Systems or DefenseRelated Items to Foreign Countries or 

Foreign Firms regulation (15 CFR part 

701) to update and provide clarification 

with regard to the information U.S. 

companies are required to submit each 

year to BIS to support the preparation of 

the annual report to Congress on offsets 

in defense trade. 

DATES: Comments must be received by 

June 29, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE40, by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: OffsetReport@bis.doc.gov. 

Include ‘‘RIN 0694–AE40’’ in the subject 

line of the message. 

• Fax: 202–482–5650. 

• Mail/Hand Delivery: Offset Program 

Manager, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Office of Strategic Industries 

and Economic Security, Room 3876, 

14th Street and Pennsylvania Avenue, 

NW., Washington, DC 20230, ATTN: 

RIN 0694–AE40. 

FOR FURTHER INFORMATION CONTACT: 

Ronald DeMarines, Office of Strategic 

Industries and Economic Security, tel. 

(202) 482–3755, e-mail 

rdemarin@bis.doc.gov. 


tjames on PRODPC75 with PROPOSALS