27908 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Rules and Regulations 

(2) have had the rudder and/or elevator 

replaced or repaired at Fairchild Dornier or 

RUAG between the year 2000 and 2005. The 

concerned rudder and elevator part numbers 

and serial numbers are listed on page 7 of 

RUAG Aerospace Defence Technology 

Dornier 228 Service Bulletin No. SB–228–270 

(includes undated attachments 1 and 2 to 

SB–228–270 Rev. 1), Rev. No. 1, dated 

November 28, 2008. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 51: Standard Practices/ 

Structures. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

The manufacturer reported findings of 

missing primer on the internal of the elevator 

and rudder of aircraft S/N 8200. The aircraft 

S/N 8200 was with RUAG for maintenance 

purposes. Investigation performed by RUAG 

showed that the paint removal procedure for 

the rudder and elevator was changed from a 

paint stripping with brush and scraper to a 

procedure where the parts were submerged 

in a tank filled with hot liquid stripper. The 

stripper is called TURCO 5669 from Henkel 

Surface Technologies. The stripping process 

is described in the Technical Process Bulletin 

No. 238799 dated 09/01/1999. This paint 

stripping process change was not 

communicated to and not approved by the 

TC-Holder. 

Corrosion damage can occur through 

insufficient surface protection. Consequently, 

the MCAI requires a detailed visual 

inspection of the inner structure of the 

rudder and elevator for signs of corrosion, debonded primer (yellow-green), and any 

deviation of surface protection. If the 

inspection results show corrosion beyond the 

acceptable level or areas with de-bonded 

primer, the inspection results have to be 

reported to RUAG Aerospace Services GmbH 

for further decisions. If necessary, repair the 

affected parts in accordance with the 

applicable repair instruction obtained from 

RUAG Aerospace Services GmbH. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 2 months after July 17, 2009 (the 

effective date of this AD), do a detailed visual 

inspection on the inner structure of the 

rudder and elevator for signs of corrosion, debonded primer (yellow-green), and any other 

deviation of surface protection following 

RUAG Aerospace Defence Technology 

Dornier 228 Service Bulletin No. SB–228–270 

(includes undated attachments 1 and 2 to 

SB–228–270 Rev. 1), Rev. No. 1, dated 

November 28, 2008. 

(2) If you find corrosion or areas with debonded primer as a result of the inspection 

required by paragraph (f)(1) of this AD, before 

further flight, do the following: 

(i) Report the inspection results to RUAG 

Aerospace Services GmbH, Dornier 228 

Customer Support, P.O. Box 1253, 82231 

Wessling, Federal Republic of Germany, 

telephone: +49 (0) 8153–30–2280; fax: +49 (0) 

8153–30–3030 and request FAA-approved 

repair instructions following RUAG 

Aerospace Defence Technology Dornier 228 

Service Bulletin No. SB–228–270 (includes 

undated attachments 1 and 2 to SB–228–270 

Rev. 1), Rev. No. 1, dated November 28, 2008. 

(ii) Repair corrosion following FAAapproved repair instructions obtained from 

RUAG Aerospace Services GmbH. 

FAA AD Differences 

Note: 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, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Greg Davison, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI German AD D–2007– 

350R1, dated January 30, 2009; and RUAG 

Aerospace Defence Technology Dornier 228 

Service Bulletin No. SB–228–270 (includes 

undated attachments 1 and 2 to SB–228–270 

Rev. 1), Rev. No. 1, dated November 28, 2008, 

for related information. 

Material Incorporated by Reference 

(i) You must use RUAG Aerospace Defence 

Technology Dornier 228 Service Bulletin No. 

SB–228–270 (includes undated attachments 1 

and 2 to SB–228–270 Rev. 1), Rev. No. 1, 

dated November 28, 2008, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact RUAG Aerospace Services 

GmbH, Dornier 228 Customer Support, P.O. 

Box 1253, 82231 Wessling, Federal Republic 

of Germany, telephone: +49 (0) 8153–30– 

2280; fax: +49 (0) 8153–30–3030; E-mail: 

custsupport.dornier228@ruag.com; Internet: 

http://www.ruag.com/. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/ibr_

locations.html. 

Issued in Kansas City, Missouri, on June 4, 

2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–13693 Filed 6–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0523; Directorate 

Identifier 2009–NM–018–AD; Amendment 

39–15934; AD 2009–12–11] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A340–541 and –642 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This 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: 

Following a refined Finite Element Model 

(FEM) analysis of the Nose Landing Gear 

(NLG) actuator fitting installed on the roof 

panel of the NLG box of all A340–500/–600 

aircraft, it has been demonstrated that 

potential fatigue cracks can be initiated on 

the NLG actuator fitting flanges. 

This situation, if not corrected, could lead 

to inadvertent extension of the NLG which 

could adversely affect the aircraft’s continued 

safe flight or [could result in] failure to 

retract the NLG which, in combination with 

an engine failure, could adversely affect the 

aircraft’s safe take off. 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Rules and Regulations 27909 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective June 

29, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of June 29, 2009. 

We must receive comments on this 

AD by July 13, 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. 

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 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: 

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 2008–0201, 

dated November 13, 2008 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

Following a refined Finite Element Model 

(FEM) analysis of the Nose Landing Gear 

(NLG) actuator fitting installed on the roof 

panel of the NLG box of all A340–500/–600 

aircraft, it has been demonstrated that 

potential fatigue cracks can be initiated on 

the NLG actuator fitting flanges. 

This situation, if not corrected, could lead 

to inadvertent extension of the NLG which 

could adversely affect the aircraft’s continued 

safe flight or [could result in] failure to 

retract the NLG which, in combination with 

an engine failure, could adversely affect the 

aircraft’s safe take off. 

To prevent such event, this Airworthiness 

Directive requires High Frequency Eddy 

Current (HFEC) inspections and detailed 

visual inspections on the NLG Actuator 

fitting to detect any crack and, in case of 

finding, mandates the relevant corrective 

actions. 

Corrective actions include contacting 

Airbus for repair instructions and doing 

the repair. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletin A340–53–5045, including 

Appendix 01, dated October 6, 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 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 issuing this 

AD because we evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

There are no products of this type 

currently registered in the United States. 

However, this rule is necessary to 

ensure that the described unsafe 

condition is addressed if any of these 

products are placed on the U.S. Register 

in the future. 

Differences Between the 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 required 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 AD. 

FAA’s Determination of the Effective 

Date 

Since there are currently no domestic 

operators of this product, notice and 

opportunity for public comment before 

issuing this AD are unnecessary. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–0523; 

Directorate Identifier 2009–NM–018– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

27910 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Rules and Regulations 

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 AD: 

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 AD and placed it in the AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

2009–12–11 Airbus: Amendment 39–15934. 

Docket No. FAA–2009–0523; Directorate 

Identifier 2009–NM–018–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective June 29, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Airbus Model 

A340–541 and –642 airplanes, certificated in 

any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

Following a refined Finite Element Model 

(FEM) analysis of the Nose Landing Gear 

(NLG) actuator fitting installed on the roof 

panel of the NLG box of all A340–500/–600 

aircraft, it has been demonstrated that 

potential fatigue cracks can be initiated on 

the NLG actuator fitting flanges. 

This situation, if not corrected, could lead 

to inadvertent extension of the NLG which 

could adversely affect the aircraft’s continued 

safe flight or [could result in] failure to 

retract the NLG which, in combination with 

an engine failure, could adversely affect the 

aircraft’s safe take off. 

To prevent such event, this Airworthiness 

Directive requires High Frequency Eddy 

Current (HFEC) inspections and detailed 

visual inspections on the NLG Actuator 

fitting to detect any crack and, in case of 

finding, mandates the relevant corrective 

actions. 

The corrective action includes contacting 

Airbus for repair instructions and doing the 

repair. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) At the applicable time defined in 

paragraph (f)(1)(i) or (f)(1)(ii) of this AD: 

Perform an HFEC inspection on fitting 

flanges and a detailed visual inspection of 

the NLG actuator overall fitting, in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A340–53–5045, dated October 6, 

2008. 

(i) For weight variant 00x series: Before 

accumulating 3,920 total flight cycles or 

within 90 days of the effective date of this 

AD, whichever occurs later. 

(ii) For weight variant 10x series: Before 

accumulating 3,020 total flight cycles or 

within 90 days of the effective date of this 

AD, whichever occurs later. 

(2) If no crack is detected during both 

inspections required by paragraph (f)(1) of 

this AD, repeat the inspections thereafter at 

intervals not exceeding the interval defined 

in paragraph (f)(2)(i) or (f)(2)(ii) of this AD, 

as applicable. 

(i) For weight variant 00x series: 1,320 

flight cycles. 

(ii) For weight variant 10x series: 2,690 

flight cycles. 

(3) If any crack is detected during any 

inspection required by this AD, before further 

flight, contact Airbus for repair instructions 

and do the repair. 

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, 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 MCAI European Aviation 

Safety Agency (EASA) Airworthiness 

Directive 2008–0201, dated November 13, 

2008; and Airbus Mandatory Service Bulletin 

A340–53–5045, including Appendix 01, 

dated October 6, 2008; for related 

information. 

Material Incorporated by Reference 

(i) You must use Airbus Mandatory Service 

Bulletin A340–53–5045, including Appendix 

01, dated October 6, 2008, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact 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. 

(3) You may review copies of the 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. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on June 2, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–13572 Filed 6–11–09; 8:45 am] 

BILLING CODE 4910–13–P