Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34225 

TABLE 2—RELATED SERVICE INFORMATION

Airbus Mandatory Service Bulletin Revision Date 

A330–92–3066 ................................................................................................................................................ 01 August 1, 2008. 

A330–92–3066 ................................................................................................................................................ 02 March 19, 2009. 

A340–92–4071 ................................................................................................................................................ 01 August 1, 2008. 

A340–92–4071 ................................................................................................................................................ 02 November 28, 2008. 

A340–92–4071 ................................................................................................................................................ 03 March 19, 2009. 

Material Incorporated by Reference 

(i) You must use the applicable service 

information contained in Table 3 of this AD 

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 SA—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. 

TABLE 3—MATERIAL INCORPORATED BY REFERENCE

Airbus Mandatory Service Bulletin Revision Date 

A330–92–3066 ................................................................................................................................................ 01 August 1, 2008. 

A330–92–3066 ................................................................................................................................................ 02 March 19, 2009. 

A340–92–4071 ................................................................................................................................................ 01 August 1, 2008. 

A340–92–4071 ................................................................................................................................................ 02 November 28, 2008. 

A340–92–4071 ................................................................................................................................................ 03 March 19, 2009. 

Issued in Renton, Washington, on July 2, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–16468 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0138; Directorate 

Identifier 2008–NM–216–AD; Amendment 

39–15966; AD 2009–15–03] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model BD–700–1A10 and BD–700– 

1A11 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing 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: 

During scheduled maintenance inspection, 

a bolt which connects the PCU (power 

control unit) to the elevator surface was 

found fractured in the assembly. Further 

inspection of the assembly revealed that the 

bearing on the PCU rod end had seized, 

which resulted in damage to the attachment 

fitting bushing and fracture of the bolt. 

Inspection of other in-service airplanes 

revealed two more seized PCU attachment 

joints. However, except seizure, no fractured 

bolt was found on these airplanes. Failure of 

the bolts in both PCUs on one side could 

result in disconnection of the elevator control 

surface which would lead to flutter and loss 

of the aircraft. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

August 19, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of August 19, 2009. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Pong K. Lee, Aerospace Engineer, 

Airframe and Propulsion Branch, ANE– 

171, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7324; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on February 23, 2009 (74 FR 

8045). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

During scheduled maintenance inspection, 

a bolt which connects the PCU (power 

control unit) to the elevator surface was 

found fractured in the assembly. Further 

inspection of the assembly revealed that the 

bearing on the PCU rod end had seized, 

which resulted in damage to the attachment 

fitting bushing and fracture of the bolt. 

Inspection of other in-service airplanes 

revealed two more seized PCU attachment 

joints. However, except seizure, no fractured 

bolt was found on these airplanes. Failure of 

the bolts in both PCUs on one side could 

result in disconnection of the elevator control 

surface which would lead to flutter and loss 

of the aircraft. 

This Airworthiness Directive (AD) is 

issued to mandate the inspection and 


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34226 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

lubrication of all part number (P/N) GT411– 

3800–5 and GT411–3800–7 PCU attachment 

joints. 

The required actions include 

inspections for damage and seizure 

(including signs of seizure) of the PCU 

attachment joints, an inspection for 

damage (including wear damage, 

fretting, corrosion, galling, scoring, 

fretting wear, and parts that do not meet 

inspection requirements) of the PCU 

attachment joint components, and 

applicable corrective actions. You may 

obtain further information by examining 

the MCAI in the AD docket. 

Explanation of Revised Service 

Information 

Bombardier has issued the revised 

service information specified in the 

below table. We have changed 

paragraphs (f)(1) through (f)(5), 

paragraph (f)(7), and paragraphs (g)(1) 

and (g)(2) of this AD to add the revised 

service information specified in the 

following table. 

REVISED SERVICE INFORMATION

Service Bulletin Revision 

level Date 

Bombardier Alert Service Bulletin A700–1A11–27–024 ................................................................................. 02 November 10, 2008. 

Bombardier Alert Service Bulletin A700–27–066 ............................................................................................ 02 November 10, 2008. 

Bombardier Service Bulletin 700–1A11–27–025 ............................................................................................ 01 November 24, 2008. 

Bombardier Service Bulletin 700–27–067 ....................................................................................................... 01 November 24, 2008. 

No additional work is necessary for 

airplanes on which the previously 

issued service information specified in 

the following table has been 

accomplished. We have revised 

paragraph (f)(6) and added a new 

paragraph (g)(3) to this AD to include 

credit for accomplishing the actions 

before the effective date of this AD using 

the previously issued service 

information. 

PREVIOUSLY ISSUED SERVICE INFORMATION

Service Bulletin Revision 

level Date 

Bombardier Alert Service Bulletin A700–1A11–27–024 ................................................................................. 01 October 3, 2008. 

Bombardier Alert Service Bulletin A700–27–066 ............................................................................................ 01 October 3, 2008. 

Bombardier Service Bulletin 700–1A11–27–025 ............................................................................................ (1) October 9, 2008. 

Bombardier Service Bulletin 700–27–067 ....................................................................................................... (1) October 9, 2008. 

1Original. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We determined that these changes will 

not increase the economic burden on 

any operator or increase the scope of the 

AD. 

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 required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

about 157 products of U.S. registry. 

We estimate that it will take about 4 

work-hours per product to comply with 

the basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 

cost of this AD to the U.S. operators to 

be $50,240, or $320 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 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 

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. 


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Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34227 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

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 the NPRM, 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. 

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 

removing Amendment 39–15753 (73 FR 

72316, November 28, 2008) and adding 

the following new AD: 

2009–15–03 Bombardier, Inc.: Amendment 

39–15966. Docket No. FAA–2009–0138; 

Directorate Identifier 2008–NM–216–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective August 19, 2009. 

Affected ADs 

(b) This AD supersedes AD 2008–24–12, 

Amendment 39–15753. 

Applicability 

(c) This AD applies to Bombardier Model 

BD–700–1A10 and BD–700–1A11 airplanes, 

certificated in any category, serial numbers 

(S/Ns) 9002 through 9222 inclusive; 

equipped with elevator power control units 

(PCUs) having part number (P/N) GT411– 

3800–5 or GT411–3800–7. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During scheduled maintenance inspection, 

a bolt which connects the PCU (power 

control unit) to the elevator surface was 

found fractured in the assembly. Further 

inspection of the assembly revealed that the 

bearing on the PCU rod end had seized, 

which resulted in damage to the attachment 

fitting bushing and fracture of the bolt. 

Inspection of other in-service airplanes 

revealed two more seized PCU attachment 

joints. However, except seizure, no fractured 

bolt was found on these airplanes. Failure of 

the bolts in both PCUs on one side could 

result in disconnection of the elevator control 

surface which would lead to flutter and loss 

of the aircraft. 

This Airworthiness Directive (AD) is 

issued to mandate the inspection and 

lubrication of all part number (P/N) GT411– 

3800–5 and GT411–3800–7 PCU attachment 

joints. 

The required actions include inspections 

for damage and seizure (including signs of 

seizure) of the PCU attachment joints, an 

inspection for damage (including wear 

damage, fretting, corrosion, galling, scoring, 

fretting wear, and parts that do not meet 

inspection requirements) of the PCU 

attachment joint components, and applicable 

corrective actions. 

Restatement of Requirements of AD 2008– 

24–12: 

(f) Unless already done: For airplanes on 

which elevator PCUs with P/N GT411–3800– 

5 or P/N GT411–3800–7, S/N 0615 and 

lower, are installed, excluding P/N GT411– 

3800–7 PCUs having a serial number listed 

in Table 1 of this AD, and excluding P/N 

GT411–3800–7 PCUs on which less than 

1,000 flight hours have accumulated on the 

PCUs as of December 15, 2008 (the effective 

date of AD 2008–24–12), do the actions 

specified in paragraphs (f)(1), (f)(2), and (f)(3) 

of this AD. 

Note 1: Units listed in Table 1 of this AD 

have been lubricated by the vendor and the 

inspections required by paragraphs (f)(1), 

(f)(2), (f)(3), and (f)(4) of this AD are not 

required for those units. 

TABLE 1—SERIAL NUMBERS

0030 0199 

0031 0202 

0033 0205 

0041 0206 

0046 0208 

0060 0210 

0062 0214 

0066 0218 

0081 0222 

0083 0223 

0087 0240 

0092 0262 

0097 0265 

0101 0281 

0105 0296 

0108 0301 

0109 0310 

0111 0323 

0110 0365 

0119 0369 

0130 0406 

0138 0407 

0141 0408 

0145 0413 

TABLE 1—SERIAL NUMBERS— 

Continued 

0156 0420 

0161 0427 

0163 0429 

0164 0430 

0165 0431 

0171 0433 

0173 0435 

0174 0438 

0178 0453 

0179 0491 

0181 0495 

0183 0504 

0188 0506 

0190 0513 

0191 0533 

0197 0536 

0198 0586 

(1) Within 10 flight cycles or 50 flight 

hours after December 15, 2008, whichever 

occurs first: Inspect for damage and wear and 

lubricate the PCU attachment joints in 

accordance with Bombardier Alert Service 

Bulletin A700–1A11–27–024, Revision 02, 

dated November 10, 2008; or Bombardier 

Alert Service Bulletin A700–27–066, 

Revision 02, dated November 10, 2008; as 

applicable. 

(2) Within 90 days or 200 flight hours after 

performing the actions required by paragraph 

(f)(1) of this AD, whichever occurs first: 

Repeat the inspection and lubrication of the 

PCU attachment joints in accordance with 

Bombardier Alert Service Bulletin A700– 

1A11–27–024, Revision 02, dated November 

10, 2008; or Bombardier Alert Service 

Bulletin A700–27–066, Revision 02, dated 

November 10, 2008; as applicable. 

(3) Within 45 days or 100 flight hours after 

performing the actions required by paragraph 

(f)(2) of this AD, whichever occurs first: 

Repeat the inspection and lubrication of the 

PCU attachment joints in accordance with 

Bombardier Alert Service Bulletin A700– 

1A11–27–024, Revision 02, dated November 

10, 2008; or Bombardier Alert Service 

Bulletin A700–27–066, Revision 02, dated 

November 10, 2008; as applicable. Repeat the 

inspection thereafter at intervals not to 

exceed 45 days or 100 flight hours, 

whichever occurs first, until paragraph (f)(4) 

of this AD is accomplished. 

(4) Completion of a disassembly with an 

inspection for damage, applicable corrective 

actions, and lubrication of the PCU 

attachment joint components in accordance 

with Bombardier Service Bulletin 700–1A11– 

27–025, Revision 01, dated November 24, 

2008; or Bombardier Service Bulletin 700– 

27–067, Revision 01, dated November 24, 

2008; as applicable; constitutes terminating 

action for the inspections required by 

paragraphs (f)(1), (f)(2), and (f)(3) of this AD. 

(5) Unless already done, if any damage or 

seizure is found during any inspection 

required by paragraphs (f)(1), (f)(2), (f)(3), and 

(f)(4) of this AD, before further flight, replace 

the affected part in accordance with 

Bombardier Service Bulletin 700–1A11–27– 

025, Revision 01, dated November 24, 2008; 

or Bombardier Service Bulletin 700–27–067, 

Revision 01, dated November 24, 2008; as 

applicable. 


srobinson on DSKHWCL6B1PROD with RULES
34228 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

(6) Actions done before December 15, 2008, 

in accordance with Bombardier Alert Service 

Bulletin A700–1A11–27–024 or Bombardier 

Alert Service Bulletin A700–27–066, both 

dated October 2, 2008; or Revision 01, both 

dated October 3, 2008; as applicable; are 

acceptable for compliance with the 

corresponding requirements of this AD. 

(7) Unless already done, submit a report to 

Bombardier of all findings found during any 

inspection required by paragraphs (f)(1), 

(f)(2), (f)(3), and (f)(4) of this AD, in 

accordance with the applicable service 

bulletin listed in Table 2 of this AD. 

(i) If the inspection was done on or after 

December 15, 2008: Submit the report within 

14 days after the inspection. 

(ii) If the inspection was done before 

December 15, 2008: Submit the report within 

14 days after December 15, 2008. 

TABLE 2—SERVICE BULLETINS FOR REPORTS

Service Bulletin Revision 

level Date 

Bombardier Alert Service Bulletin A700–1A11–27–024 ................................................................................. 02 November 10, 2008. 

Bombardier Alert Service Bulletin A700–27–066 ............................................................................................ 02 November 10, 2008. 

Bombardier Service Bulletin 700–1A11–27–025 ............................................................................................ 01 November 24, 2008. 

Bombardier Service Bulletin 700–27–067 ....................................................................................................... 01 November 24, 2008. 

New Requirements of This AD: Actions and 

Compliance 

(g) Unless already done, do the actions 

specified in paragraph (g)(1) or (g)(2) of this 

AD, as applicable, at the time specified. 

(1) For airplanes identified in paragraph (f) 

of this AD: Within 45 days or 100 flight hours 

after the effective date of this AD, whichever 

occurs first, complete a disassembly with an 

inspection for damage, applicable corrective 

actions, and lubrication of the PCU 

attachment joint components in accordance 

with Bombardier Service Bulletin 700–1A11– 

27–025, Revision 01, dated November 24, 

2008; or Bombardier Service Bulletin 700– 

27–067, Revision 01, dated November 24, 

2008; as applicable. 

(2) For airplanes not identified in 

paragraph (f) of this AD on which elevator 

PCUs with P/N GT411–3800–7 are installed: 

Within 180 days or 400 flight hours after the 

effective date of this AD, whichever occurs 

first, complete a disassembly with an 

inspection for damage, applicable corrective 

actions, and lubrication of the PCU 

attachment joint components in accordance 

with Bombardier Service Bulletin 700–1A11– 

27–025, Revision 01, dated November 24, 

2008; or Bombardier Service Bulletin 700– 

27–067, Revision 01, dated November 24, 

2008; as applicable. 

(3) Actions done before the effective date 

of this AD in accordance with Bombardier 

Service Bulletin 700–1A11–27–025, dated 

October 9, 2008; or Bombardier Service 

Bulletin 700–27–067, dated October 9, 2008; 

as applicable; are acceptable for compliance 

with the corresponding requirements of this 

AD. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: 

Paragraph A.3. of the MCAI requires a onetime inspection; however, since we have 

changed the compliance time for the 

terminating action in paragraph A.4. of the 

MCAI (refer to paragraph (g)(1) of this AD), 

paragraph (f)(3) of this AD requires repeating 

the inspections until the terminating action 

is performed. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), 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: Pong K. 

Lee, Aerospace Engineer, Airframe and 

Propulsion Branch, ANE–171, FAA, New 

York ACO, 1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone (516) 

228–7324; fax (516) 794–5531. 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. 

(4) Special Flight Permits: As described in 

Section 21.197 and Section 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199), special flight permits are not 

allowed. 

Related Information 

(i) Refer to MCAI Canadian Emergency 

Airworthiness Directive CF–2008–31, dated 

October 9, 2008, and the service information 

specified in Table 2 of this AD, for related 

information. 

Material Incorporated by Reference 

(j) You must use the service information 

contained in Table 3 of this AD to do the 

actions required by this AD, as applicable, 

unless the AD specifies otherwise. 

TABLE 3—MATERIAL INCORPORATED BY REFERENCE

Document Revision 

level Date 

Bombardier Alert Service Bulletin A700–1A11–27–024 ................................................................................. 02 November 10, 2008. 

Bombardier Alert Service Bulletin A700–27–066 ............................................................................................ 02 November 10, 2008. 

Bombardier Service Bulletin 700–1A11–27–025 ............................................................................................ 01 November 24, 2008. 

Bombardier Service Bulletin 700–27–067 ....................................................................................................... 01 November 24, 2008. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information under 5 U.S.C. 552(a) 

and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; e-mail 

thd.crj@aero.bombardier.com; Internet http:// 

www.bombardier.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 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34229 

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 July 2, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–16467 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61 and 121 

[Docket No. FAA–2006–26139; Amendment 

Nos. 61–123 and 121–344] 

RIN 2120–AJ01 

Part 121 Pilot Age Limit 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the Code 

of Federal Regulations to conform 

certain regulations with recent 

legislation raising the upper age limit 

for pilots serving in domestic, flag, and 

supplemental operations until they 

reach their 65th birthday. The 

legislation, known as the ‘‘Fair 

Treatment for Experienced Pilots Act,’’ 

raised the upper age limit from age 60 

to age 65. The legislation became 

effective December 13, 2007. The 

intended effect of this action is to 

update the Code of Federal Regulations 

to reflect the recent legislation. 

DATES: These amendments become 

effective July 15, 2009. Except as 

otherwise required by statute, affected 

parties do not have to comply with the 

information collection requirements in 

§§ 61.23 and 121.440 until the FAA 

publishes in the Federal Register the 

control number assigned by the Office of 

Management and Budget (OMB) for 

these information collection 

requirements. Publication of the control 

number notifies the public that OMB 

has approved these information 

collection requirements under the 

Paperwork Reduction Act of 1995. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this rule 

contact Lawrence Youngblut, Air 

Transportation Division, AFS–200, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–9630, e-mail 

lawrence.youngblut@faa.gov. For legal 

questions concerning this rule contact 

Angela Washington, Office of the Chief 

Counsel, AGC–210, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–7556; e-mail 

angela.washington@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

1. Searching the Federal eRulemaking 

Portal at http://www.regulations.gov; 

2. Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

3. Accessing the Government Printing 

Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the amendment number or 

docket number of this rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

Therefore, any small entity that has a 

question regarding this document may 

contact their local FAA official, or the 

person listed under FOR FURTHER

INFORMATION CONTACT. You can find out 

more about SBREFA on the Internet at 

our site, http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act/. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. This rulemaking 

fulfills the mandate of H.R. 4343, the 

‘‘Fair Treatment for Experienced Pilots 

Act,’’ Pub. L. 110–135, hereinafter 

referred to as the Act. 

Background 

On December 13, 2007, the President 

signed into law the Act, which raised 

the upper age limit for pilots serving in 

14 CFR part 121 air carrier operations to 

age 65. The legislation took effect 

December 13, 2007. As of that date, 

§ 121.383(c) of the Code of Federal 

Regulations (14 CFR 121.383(c)) ceased 

to be effective. Section 121.383(c) 

prohibited any air carrier or commercial 

operator conducting flights under part 

121 from using the services of any 

person as a pilot, and prohibited any 

person from serving as a pilot, on an 

airplane engaged in operations under 

part 121 if that person had reached his 

or her 60th birthday. 

The Act has now been codified at 49 

U.S.C. Section 44729. Section 44729 of 

Title 49 allows a pilot to ‘‘serve in 

multicrew covered operations until 

attaining 65 years of age,’’ subject to 

certain limitations. For the purposes of 

the Act, ‘‘Covered Operations’’ means 

‘‘operations under part 121 of Title 14, 

Code of Federal Regulations.’’ The Act 

specifies a limitation for international 

flights. Pursuant to § 44729(c)(1), ‘‘A 

pilot who has attained 60 years of age 

may serve as pilot-in-command in 

covered operations between the United 

States and another country only if there 

is another pilot in the flight deck crew 

who has not yet attained 60 years of 

age.’’ Section 44729(c)(2) states that 

paragraph (c)(1) ceases to be effective 

‘‘on such date as the Convention on 

International Civil Aviation provides 

that a pilot who has attained 60 years 

of age may serve as pilot-in-command in 

international commercial operations 

without regard to whether there is 

another pilot in the flight deck crew 

who has not attained age 60.’’ 

Section 44729(e)(1) states ‘‘No person 

who has attained 60 years of age before 

the date of enactment of this section 

may serve as a pilot for an air carrier 

engaged in covered operations unless— 

(A) such person is in the employment 

of that air carrier in such operations on 

such date of enactment as a required 

flight deck crew member; or 

(B) such person is newly hired by an 

air carrier as a pilot on or after such date 

of enactment without credit for prior 

seniority or prior longevity for benefits 

or other terms related to length of 

service prior to the date rehired under 

any labor agreement or employment 

policies of the air carrier.’’ 

Section 44729(g)(1) requires that, 

except as provided by paragraph (g)(2) 

‘‘a person serving as a pilot for an air 

carrier engaged in covered operations 

shall not be subject to different medical 

standards, or different, greater, or more 

frequent medical examinations, on 

account of age unless the Secretary 

determines (based on data received or 

studies published after the date of 

enactment of this section) that different 

medical standards, or different, greater, 

or more frequent medical examinations, 

are needed to ensure an adequate level 

of safety in flight.’’ 


srobinson on DSKHWCL6B1PROD with RULES