19908 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Proposed Rules 

(7) Visual inspections, temporary repairs, 

replacements of the grommets, bonding 

inspections, and applications of conductive 

paste are also acceptable for compliance with 

the corresponding requirements of 

paragraphs (f)(1), (f)(2)(i), (f)(3), (f)(4), and 

(f)(5) of this AD if done before the effective 

date of this AD in accordance with BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.53–202, Revision 2, 

dated October 24, 2008. 

(8) Bonding inspections and applications 

of conductive paste are also acceptable for 

compliance with the corresponding 

requirement of paragraphs (f)(2)(i), (f)(3), 

(f)(4), and (f)(5) of this AD if done before the 

effective date of this AD in accordance with 

BAE Systems (Operations) Limited All 

Operator Message 08–015V, Issue 1, dated 

August 22, 2008. 

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: Todd Thompson, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1175; 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 ensure 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– 

0180, dated September 30, 2008; and BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.53–202, Revision 3, 

dated December 10, 2008; for related 

information. 

Issued in Renton, Washington, on April 22, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–9865 Filed 4–29–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0397; Directorate 

Identifier 2008–NM–023–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A300 B2–1C, B2–203, B2K–3C, B4–103, 

B4–203, and B4–2C 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 operator has reported the loss of a 

centre flap inner tab on an in-service A300 

aircraft. The centre flap inner tab detached 

during approach to an airport. A similar 

event was reported several years ago on a 

pre-mod 04770 aircraft. * * * 

* * * Investigations led by the 

manufacturer revealed that the centre hinge 

bracket developed a fatigue crack causing 

complete failure of the bracket. The tab 

rotated causing failure of the inboard link 

followed by the failure of the outboard link. 

[D]etachment of a centre flap inner tab 

* * * could be a potential risk 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 June 1, 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— 

EAW (Airworthiness Office), 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 44 51; e-mail 

account.airworth-eas@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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2125; 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–2009–0397; Directorate Identifier 

2008–NM–023–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. 

Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Proposed Rules 19909 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued Airworthiness 

Directive 2007–0299R2, dated October 

28, 2008 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

An operator has reported the loss of a 

centre flap inner tab on an in-service A300 

aircraft. The centre flap inner tab detached 

during approach to an airport. A similar 

event was reported several years ago on a 

pre-mod 04770 aircraft. Previous failure at 

the aft lug of the centre brackets led to the 

issuance of Airbus Service Bulletin A300– 

57–0205. 

In the most recent case, the aircraft had 

been modified in accordance with Airbus 

Service Bulletin A300–57–0205 (Airbus 

modification No. 04770). Investigations led 

by the manufacturer revealed that the centre 

hinge bracket developed a fatigue crack 

causing complete failure of the bracket. The 

tab rotated causing failure of the inboard link 

followed by the failure of the outboard link. 

To avoid a detachment of a centre flap 

inner tab, which could be a potential risk to 

persons on [the] ground, this AD requires a 

repetitive [high frequency eddy current] 

inspection of the centre flap inner tab hinge 

bracket and replacement of the bracket when 

cracks are detected * * * [and] reporting of 

inspection results to the TC holder [and 

provides] an optional terminating action. 

* * * 

* * * * * 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletin A300–57–0250, Revision 01, 

including Appendix 1 and Reporting 

Sheet, dated September 29, 2008; and 

Airbus Service Bulletin A300–57–0252, 

dated August 27, 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 

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 22 products of U.S. registry. 

We also estimate that it would take 

about 55 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 

$96,800, or $4,400 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–2009–0397; 

Directorate Identifier 2008–NM–023–AD. 

Comments Due Date 

(a) We must receive comments by June 1, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A300 

B2–1C, B2–203, B2K–3C, B4–103, B4–203, 

and B4–2C airplanes, certificated in any 

category, all serial numbers, except airplanes 

which have been modified in accordance 

with Airbus Service Bulletin A300–57–0252 

(Airbus Modification 13400). 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

An operator has reported the loss of a 

centre flap inner tab on an in-service A300 

aircraft. The centre flap inner tab detached 

during approach to an airport. A similar 

event was reported several years ago on a 

pre-mod 04770 aircraft. Previous failure at 

the aft lug of the centre brackets led to the 

issuance of Airbus Service Bulletin A300– 

57–0205. 

19910 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Proposed Rules 

In the most recent case, the aircraft had 

been modified in accordance with Airbus 

Service Bulletin A300–57–0205 (Airbus 

modification No. 04770). Investigations led 

by the manufacturer revealed that the centre 

hinge bracket developed a fatigue crack 

causing complete failure of the bracket. The 

tab rotated causing failure of the inboard link 

followed by the failure of the outboard link. 

To avoid a detachment of a centre flap 

inner tab, which could be a potential risk to 

persons on [the] ground, this AD requires a 

repetitive [high frequency eddy current] 

inspection of the centre flap inner tab hinge 

bracket and replacement of the bracket when 

cracks are detected * * * [and] reporting of 

inspection results to the TC holder [and 

provides] an optional terminating action. 

* * * 

* * * * * 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) At the times specified in Table 1 or 

Table 2 of this AD, as applicable, perform a 

high frequency eddy current inspection to 

detect fatigue cracks of the center hinge 

bracket of the center flap inner tab (on both 

wings), in accordance with Airbus 

Mandatory Service Bulletin A300–57–0250, 

Revision 01, dated September 29, 2008. If no 

cracking is found, repeat the inspection 

thereafter at intervals not to exceed 850 flight 

cycles. 

TABLE 1—AIRPLANES ON WHICH AIRBUS SERVICE BULLETIN A300–57–0205 HAS NOT BEEN DONE

Flight cycles accumulated since first flight as of the effective date of 

this AD Compliance time 

Less than 6,000 flight cycles .................................................................... Prior to accumulating 6,000 flight cycles since first flight or within 90 

days after the effective date of this AD, whichever occurs later. 

6,000 flight cycles or more, but less than 12,000 flight cycles ................ Within 850 flight cycles after the effective date of this AD. 

12,000 flight cycles or more ..................................................................... Within 500 flight cycles after the effective date of this AD. 

TABLE 2—AIRPLANES ON WHICH AIRBUS SERVICE BULLETIN A300–57–0205 HAS BEEN DONE

Flight cycles accumulated since Airbus Service Bulletin A300–57–0205 

modification as of the effective date of this AD Compliance time 

Less than 6,000 flight cycles .................................................................... Prior to accumulating 6,000 flight cycles since Airbus Service Bulletin 

A300–57–0205 modification or within 90 days after the effective date 

of this AD, whichever occurs later. 

6,000 flight cycles or more, but less than 12,000 flight cycles ................ Within 850 flight cycles after the effective date of this AD. 

12,000 flight cycles or more ..................................................................... Within 500 flight cycles after the effective date of this AD. 

(2) If any crack is detected during any 

inspection required by this AD, before further 

flight, replace the center hinge bracket in 

accordance with Airbus Mandatory Service 

Bulletin A300–57–0250, Revision 01, dated 

September 29, 2008. Within 6,000 flight 

cycles after replacing the center hinge 

bracket, do the inspection required by 

paragraph (f)(1) of this AD, and if no cracking 

is found, repeat the inspection thereafter at 

intervals not to exceed 850 flight cycles. 

(3) Modifying the inboard tab of the center 

flaps in accordance with Airbus Service 

Bulletin A300–57–0252, dated August 27, 

2008, terminates the requirements of this AD. 

(4) Actions accomplished before the 

effective date of this AD in accordance with 

Airbus Mandatory Service Bulletin A300–57– 

0250, dated November 2, 2007, are 

considered acceptable for compliance with 

the corresponding action specified in 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, 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: Dan Rodina, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2125; 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 Airworthiness Directive 

2007–0299R2, dated October 28, 2008; 

Airbus Mandatory Service Bulletin A300–57– 

0250, Revision 01, dated September 29, 2008; 

and Airbus Service Bulletin A300–57–0252, 

dated August 27, 2008; for related 

information. 

Issued in Renton, Washington, on April 22, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–9864 Filed 4–29–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0283; Airspace 

Docket No. 09–ASW–8] 

Proposed Establishment of Class D 

Airspace; Fort Worth, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class D airspace at Fort Worth 

Spinks Airport, Fort Worth, TX. 

Establishment of an air traffic control 

tower at Fort Worth Spinks Airport has 

made this action necessary for the safety 

and management of Instrument Flight 

Rules (IFR) aircraft operations at Fort 

Worth Spinks Airport. 

DATES: 0901 UTC. Comments must be 

received on or before June 15, 2009.