Federal Register, Volume 75, Number 7, January 12, 2010, Pages 1525-1696 Page: 1,539
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Federal Register/Vol. 75, No. 7/Tuesday, January 12, 2010/Rules and Regulations
approved by the European Aviation Safety
Agency (EASA).
This Revision 00 of AIRBUS A340 ALS
Part 3:
-adds new CMR tasks associated with
modifications,
-revises the applicability of some CMR
tasks,
-revises some CMR tasks with increased
intervals,
-revises a CMR task with a more restrictive
interval,
-deletes CMR task 282300-B0002-1-C
which is the subject of EASA AD 2007-
0279.
Some of those changes constitute more
restrictive requirements for aeroplane
configuration already in service. Failure to
comply with this Revision 00 of AIRBUS
A340 ALS Part 3 constitutes an unsafe
condition. This new AD * * * requires the
implementation of Revision 00 of AIRBUS
A340 ALS Part 3.
The unsafe condition is a safety-
significant latent failures that would, in
combination with one or more other
specific failures or events, result in a
hazardous or catastrophic failure
condition. This AD requires revising the
ALS of the Instructions for Continued
Airworthiness by incorporating new and
revised CMRs. You may obtain further
information by examining the MCAI in
the AD docket.
Relevant Service Information
Airbus has issued A340 ALS, Part 3-
Certification Maintenance Requirements
(CMR), Revision 00, including
Appendices 1 and 2, dated July 31,
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. Registerin 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-2009-1230;
Directorate Identifier 2009-NM-088-
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 inair 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.
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:
2010-01-07 Airbus (Type Certificate
Previously Held by Airbus Industrie):
Amendment 39-16165. Docket No.
FAA-2009-1230; Directorate Identifier
2009-NM-088-AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective January 27, 2010.
Affected ADs(b) None.
1539
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 7, January 12, 2010, Pages 1525-1696, periodical, January 12, 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52590/m1/22/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.