Unknown. Final rule; request for comments

5,678 words·~26 min read·/register/2011/06/27/2011-15683

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2011-06-27.xml --- 76 123 Monday, June 27, 2011 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Fruit and Vegetable Industry Advisory Committee; Re-establishment, Request for Nominations, 37312 2011-16013 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Utilities Service Air Force Air Force Department NOTICES Privacy Act; Systems of Records, 37329 2011-15987 Army Army Department NOTICES Privacy Act;

Systems of Records, 37329-37332 2011-15988 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Bureau of Ocean Energy Management, Regulation and Enforcement NOTICES Meetings: Ocean Energy Safety Advisory Committee, 37371 2011-16027 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Head Start Program Information Report, 37355 2011-16014 LIHEAP Quarterly Allocation Estimates, 37355-37356 2011-15958 Coast Guard Coast Guard RULES Safety Zones:

Charleston Sharkfest Swim, Charleston Harbor, Charleston, SC, 37269-37272 2011-15973 Pantego Creek; Belhaven, NC, 37267-37269 2011-15972 PROPOSED RULES Special Local Regulation for Marine Events: Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard District, John H. Kerr Reservoir, Clarksville VA, 37293-37296 2011-15971 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 37313-37314 2011-16021 Estimates of Voting Age Population for 2010, 37314-37315 2011-15968 Defense Department Defense Department See Air Force Department See Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Certification of Independent Price Determination and Parent Company and Identifying Data, 37353 2011-16054 Federal Acquisition Regulation; Contractor Business Ethics Compliance Program and Disclosure Requirements, 37353-37354 2011-16058 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 37332 2011-16041 Applications for New Awards: Centers for Independent Living, 37332-37336 2011-16046 Rehabilitation Research and Training Center; Interventions To Promote Community Living Among Individuals With Disabilities, 37336-37341 2011-16031 Final Priorities: Interventions To Promote Community Living Among Individuals With Disabilities, 37341-37343 2011-16035 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office RULES Energy Conservation Program:

Standards for Residential Furnaces and Residential Central Air Conditioners and Heat Pumps, 37408-37548 2011-14557 PROPOSED RULES Energy Conservation Program: Standards for Residential Furnaces and Residential Central Air Conditioners and Heat Pumps, 37549-37569 2011-14556 NOTICES Proposed Subsequent Arrangements, 37343 2011-16019 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Technology Evaluation Process, 37344-37345 2011-16012 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans:

Illinois; Royal Fiberglass Pools, Inc. Adjusted Standard, 37272-37274 2011-15866 Outer Continental Shelf Air Regulations Consistency Update for Alaska, 37274-37280 2011-15852 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Illinois; Royal Fiberglass Pools, Inc. Adjusted Standard, 37300 2011-15868 Mandatory Reporting of Greenhouse Gases; Petroleum and Natural Gas Systems: Revisions to Best Available Monitoring Method Provisions, 37300-37307 2011-16010 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Volatile Organic Compound Emission Standards for Architectural Coatings, 37347-37349 2011-16034 NESHAP for Marine Tank Vessel Loading Operation, 37346-37347 2011-16038 NESHAP for Solvent Extraction for Vegetable Oil Production, 37349-37350 2011-16032 NSPS for Polymeric Coating of Supporting Substrates Facilities, 37345-37346 2011-16029 Regional Project Waivers of Buy American Requirements of American Recovery and Reinvestment Act:

Columbia, MO, 37350-37351 2011-16048 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Model A318, A319, A320, and A321 Series Airplanes, 37241-37244 2011-15683 Airbus Model A330-200 and -300 Series Airplanes, 37255-37258 2011-15366 Bombardier, Inc. Model DHC-8-400 Series Airplanes, 37253-37255, 37258-37261 2011-15364 2011-15367 Dassault Aviation Model FALCON 7X Airplanes, 37251-37253 2011-15989 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes, 37244-37247 2011-15369 Learjet Inc.

Model 45 Airplanes, 37247-37251 2011-15579 Establishments of Helicopter Area Navigation Routes: Northeast United States, 37261-37263 2011-15885 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 37263-37267 2011-15395 2011-15398 Federal Communications Federal Communications Commission RULES Rural Health Care Support Mechanism, 37280-37282 2011-16062 PROPOSED RULES Rural Health Care Support Mechanism, 37307-37309 2011-16060 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 37351-37352 2011-16022 2011-16023 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 37352-37353 2011-16211 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Emergency Management Institute Follow-up Evaluation Survey, 37359 2011-16024 Major Disaster Declarations: Arkansas; Amendment No. 7, 37360 2011-16028 Arkansas; Amendment No. 8, 37360 2011-16026 Oklahoma;

Amendment No. 1, 37360 2011-16025 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in California, 37392 2011-15977 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Parts and Accessories Necessary for Safe Operation: Application for Exemption From the Natural Gas Vehicles for America, 37309-37311 2011-15931 NOTICES Meetings; Sunshine Act, 37392-37393 2011-16147 Federal Trade Federal Trade Commission PROPOSED RULES Childrens Online Privacy Protection:

Aristotle International, Inc., Application for Safe Harbor Proposed Self-Regulatory Guidelines, 37290-37291 2011-16007 Federal Transit Federal Transit Administration NOTICES FY 2011 Discretionary Livability Funding Opportunity: Section 5309 Bus and Bus Facilities Livability Initiative Program Grants and Section 5339 Alternatives Analysis Program, 37393-37402 2011-16015 Food and Drug Food and Drug Administration PROPOSED RULES Food Labeling: Calorie Labeling of Articles of Food in Vending Machines;

Correction, 37291 2011-15983 NOTICES Meetings: National Antimicrobial Resistance Monitoring System, 37356 2011-15982 Foreign Assets Foreign Assets Control Office NOTICES Identification of Nine Entities Pursuant to Executive Order 13566 and Amendment of General License No. 1A, 37404-37406 2011-15979 Forest Forest Service NOTICES Meetings: Siuslaw Resource Advisory Committee, 37312 2011-15974 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Certification of Independent Price Determination and Parent Company and Identifying Data, 37353 2011-16054 Federal Acquisition Regulation; Contractor Business Ethics Compliance Program and Disclosure Requirements, 37353-37354 2011-16058 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Gap Analysis Program Evaluation, 37371-37372 2011-15963 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Meetings:

Secretary's Advisory Committee on Human Research Protections, 37354-37355 2011-16051 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Regulatory Waiver Requests Granted for the First Quarter of Calendar Year 2011, 37360-37371 2011-16047 Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Geological Survey See Land Management Bureau See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual Report from Foreign-Trade Zones, 37315 2011-15985 Amended Preliminary Determinations of Sales at Less Than Fair Value: Multilayered Wood Flooring From People's Republic of China, 37316-37319 2011-16070 Applications for Duty-Free Entry of Scientific Instruments, 37319-37320 2011-16068 Applications for Duty-Free Entry of Scientific Instruments; Decisions: Lawrence Technological University, et al., 37320 2011-16069 Court Decisions Not in Harmony With Final Results of Administrative Reviews and Amended Final Results:

Certain Welded Stainless Steel Pipes From Republic of Korea, 37320-37321 2011-16067 Final Results and Final Rescission, in Part, of 2008-2009 Antidumping Duty Administrative Review: Fresh Garlic From People's Republic of China, 37321-37327 2011-16072 Justice Department Justice Department See Justice Programs Office See Parole Commission Justice Programs Justice Programs Office NOTICES Meetings: Public Safety Officer Medal of Valor Review Board, 37375-37376 2011-15996 Labor Department Labor Department See Labor-Management Standards Office Labor Management Standards Labor-Management Standards Office PROPOSED RULES Labor-Management Reporting and Disclosure Act:

Interpretation of Advice Exemption; Correction, 37292 2011-15960 Land Land Management Bureau NOTICES Filing of Plats of Survey: Montana, 37372 2011-15976 Meetings: Proposed Withdrawal Extension; Montana, 37372-37373 2011-15959 Realty Actions: Competitive Sale of Public Lands in Colusa, Glenn, and Lake Counties, CA, 37373-37375 2011-15966 Marine Marine Mammal Commission NOTICES Guidelines for Ensuring and Maximizing Quality, Objectivity, Utility, and Integrity of Information, 37376-37379 2011-15953 Maritime Maritime Administration RULES Approval Process for Transfers to Foreign Registry of U.S.

Documented Vessels Over 1,000 Gross Tons, 37280 2011-15889 NOTICES Application of Cargo Preference Requirements to Maritime Loan Guarantee Program, 37402 2011-15743 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Certification of Independent Price Determination and Parent Company and Identifying Data, 37353 2011-16054 Federal Acquisition Regulation; Contractor Business Ethics Compliance Program and Disclosure Requirements, 37353-37354 2011-16058 National Credit National Credit Union Administration NOTICES Meetings;

Sunshine Act, 37379 2011-16197 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: National Council on the Humanities, 37379-37380 2011-15967 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health Information National Trends Survey 4, 37356-37357 2011-15994 Meetings: National Cancer Institute, 37357-37358 2011-15997 2011-15999 2011-16000 National Institute of General Medical Sciences, 37359 2011-15995 Office of the Director, National Institutes of Health, 37358-37359 2011-15998 National Labor National Labor Relations Board PROPOSED RULES Representation Case Procedures, 37291-37292 2011-15962 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries in the Western Pacific:

Mechanism for Specifying Annual Catch Limits and Accountability Measures, 37285-37287 2011-16040 Western Pacific Pelagic Fisheries: Prohibiting Longline Fishing Within 30 Nautical Miles of the Northern Mariana Islands, 37287-37289 2011-16039 NOTICES Application for Exempted Fishing Permits, 37327 2011-16037 Applications: Endangered Species; File No. 16253, 37327-37328 2011-16043 Meetings: Caribbean Fishery Management Council, 37328 2011-15929 Gulf of Mexico Fishery Management Council, 37328-37329 2011-15911 National Science National Science Foundation NOTICES Committee Management Renewals, 37380 2011-16020 Meetings;

Sunshine Act, 2011-16101 37380-37381 2011-16112 Parole Parole Commission NOTICES Meetings; Sunshine Act, 37376 2011-15836 Patent Patent and Trademark Office PROPOSED RULES Revision of Patent Fees for Fiscal Year 2012, 37296-37300 2011-16001 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials: Revision to List of Hazardous Substances and Reportable Quantities, 37283-37285 2011-15954 NOTICES Applications for Modifications of Special Permits, 37403 2011-15786 Rural Utilities Rural Utilities Service NOTICES Environmental Assessments;

Availability, etc.: Turning Point Solar LLC, 37313 2011-15957 Securities Securities and Exchange Commission PROPOSED RULES Broker-Dealer Reports, 37572-37616 2011-15341 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37381-37382 2011-16006 Meetings; Sunshine Act, 37382 2011-16086 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 37382-37386 2011-15965 2011-16005 The NASDAQ Stock Market LLC, 37386-37390 2011-15916 2011-15964 Small Business Small Business Administration NOTICES Disaster Declarations:

Illinois; Amendment 1, 37391 2011-16055 Mississippi; Amendment 1, 37390-37391 2011-16044 Montana, 37391 2011-16053 Major Disaster Declarations: Kentucky; Amendment 4, 37391-37392 2011-16049 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition; Determinations: Ostalgia, 37392 2011-16059 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37375 2011-15837 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office NOTICES Report of Aggregate Holdings of Long-Term Securities by U.S. and Foreign Residents, 37403-37404 2011-15924 Separate Parts In This Issue Part II Energy Department, 37408-37569 2011-14557 2011-14556 Part III Securities and Exchange Commission, 37572-37616 2011-15341 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 123 Monday, June 27, 2011 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2011-0573; Directorate Identifier 2011-NM-082-AD; Amendment 39-16734; AD 2011-13-11] RIN 2120-AA64 Airworthiness Directives;

Airbus Model A318, A319, A320, and A321 Series 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 that would supersede an existing AD. 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: Some operators reported slow operation of the MLG [main landing gear] door opening/closing sequence, leading to the generation of ECAM [Electronic Centralised Aircraft Monitoring] warnings during the landing gear retraction or extension sequence. This condition, if not corrected, could prevent the full extension and/or downlocking of the MLG, possibly resulting in MLG collapse during landing or rollout and consequent damage to the aeroplane and injury to occupants. After in-service introduction of the new MLG door actuator, P/N 114122012, several operators reported failures of internal parts of the MLG door actuator. Investigations confirmed that these failures could result in slow extension of the actuator rod, delaying the MLG Door operation, or possibly stopping just before the end of the stroke, preventing the door to reach the fully open position. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective July 12, 2011. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of July 12, 2011. The Director of the Federal Register approved the incorporation by reference of a certain other publication, listed in the AD as of April 27, 2007 (72 FR 13681, March 23, 2007). We must receive comments on this AD by August 11, 2011. 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: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1405; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion On March 13, 2007, we issued AD 2007-06-18, Amendment 39-14999 (72 FR 13681, March 23, 2007). That AD required actions intended to address an unsafe condition on Airbus Model A318, A319, A320, and A321 Airplanes. Since we issued AD 2007-06-18, it has been determined that certain new actuators had failure of internal parts. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2011-0069, dated April 18, 2011 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: Some operators reported slow operation of the [main landing gear] MLG door opening/closing sequence, leading to the generation of ECAM [Electronic Centralised Aircraft Monitoring] warnings during the landing gear retraction or extension sequence. Investigations showed that the damping ring and associated retaining ring of the MLG door actuator deteriorate. The resultant debris increases the friction inside the actuator which can be sufficiently high to restrict opening of the MLG door by gravity, during operation of the landing gear alternate (free-fall) extension system. This condition, if not corrected, could prevent the full extension and/or downlocking of the MLG, possibly resulting in MLG collapse during landing or rollout and consequent damage to the aeroplane and injury to occupants. EASA AD 2006-0112R1 was issued to require repetitive inspections of the opening sequence of the MLG door in order to identify the defective actuators [and replacement of any defective actuator with a new actuator], and to introduce as an optional terminating action Airbus production Modification 38274 and associated Service Bulletin

(SB)A320-32-1338, which incorporate an improved retaining ring, located on the piston rod's extension end, and a new piston rod with machined shoulder to accommodate the thicker section of the modified retaining ring. After in-service introduction of the new MLG door actuator, P/N 114122012, several operators reported failures of internal parts of the MLG door actuator. Investigations confirmed that these failures could result in slow extension of the actuator rod, delaying the MLG Door operation, or possibly stopping just before the end of the stroke, preventing the door to reach the fully open position. This new [EASA] AD, which supersedes EASA AD 2006-0112R1, requires an amendment of the applicable Airplane Flight Manual (AFM), repetitive checks of specific Centralized Fault Display System

(CFDS)messages [and an inspection of the opening sequence of the MLG door actuator for discrepancies if certain messages are found], * * * and, depending on findings, corrective action(s) [ *i.e.,* replacing the affected MLG door actuator with a new MLG door actuator]. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Airbus has issued All Operators Telex A320-32A1390, dated February 10, 2011. 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. 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 An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because failure of internal parts of actuators that could result in slow extension and down-locking of MLG, resulting in MLG collapse during landing or roll out, and consequent damage to the airplane. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. 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-2011-0573; Directorate Identifier 2011-NM-082-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 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 removing Amendment 39-14999 (72 FR 13681, March 23, 2007) and adding the following new AD: **2011-13-11 Airbus:** Amendment 39-16734. Docket No. FAA-2011-0573; Directorate Identifier 2011-NM-082-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective July 12, 2011. Affected ADs

(b)This AD supersedes AD 2007-06-18, Amendment 39-14999. Applicability

(c)This AD applies to all Airbus Model A318-111, -112, -121, and -122, airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes; certificated in any category. Subject

(d)Air Transport Association

(ATA)of America Code 32: Landing Gear. Reason

(e)The mandatory continued airworthiness information

(MCAI)states: Some operators reported slow operation of the MLG [main landing gear] door opening/closing sequence, leading to the generation of ECAM [Electronic Centralised Aircraft Monitoring] warnings during the landing gear retraction or extension sequence. This condition, if not corrected, could prevent the full extension and/or downlocking of the MLG, possibly resulting in MLG collapse during landing or rollout and consequent damage to the aeroplane and injury to occupants. After in-service introduction of the new MLG door actuator, P/N 114122012, several operators reported failures of internal parts of the MLG door actuator. Investigations confirmed that these failures could result in slow extension of the actuator rod, delaying the MLG Door operation, or possibly stopping just before the end of the stroke, preventing the door to reach the fully open position. Compliance

(f)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Restatement of Requirements of AD 2007-06-18, With No Changes Repetitive Inspections/Replacement

(g)At the time specified in paragraph (g)(1) or (g)(2) of this AD, as applicable: Do a general visual inspection of the operation of the MLG door opening sequence to determine if a defective actuator is installed by doing all the applicable actions, including replacing the door actuator, as applicable, specified in the Accomplishment Instructions of Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006. Do all applicable replacements before further flight. Repeat the inspection thereafter at intervals not to exceed 900 flight cycles. Accomplishing the actions before April 27, 2007 (the effective date of AD 2007-06-18) in accordance with Airbus Service Bulletin A320-32-1309, dated March 7, 2006, is acceptable for compliance with the corresponding requirements in this paragraph. Doing the inspection required by paragraph

(l)of this AD terminates the requirements of this paragraph.

(1)For airplanes on which a record of the total number of flight cycles on the MLG door actuator is available: Before the accumulation of 3,000 total flight cycles on the MLG door actuator, or within 800 flight cycles after April 27, 2007, whichever is later.

(2)For airplanes on which a record of the total number of flight cycles on the MLG door actuator is not available: Within 800 flight cycles after April 27, 2007. Note 1: For the purposes of this AD, a general visual inspection is: “A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to enhance visual access to all exposed surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.” No Reporting/Parts Return Required

(h)Although the Accomplishment Instructions of Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006, specify submitting certain information to the manufacturer and sending defective actuators back to the component manufacturer for investigation, this AD does not include those requirements. New Requirements of This AD Revise the Airplane Flight Manual

(i)Within 14 days after the effective date of this AD, revise the Emergency Procedure Section of the airplane flight manual

(AFM)to incorporate the following information. This may be done by inserting a copy of this AD into the AFM. “• If ECAM triggers the “L/G GEAR NOT DOWNLOCKED” warning, apply the following procedure: Recycle landing gear. • If unsuccessful after 2 min: Extend landing gear by gravity. Refer to ABN-32 L/G GRAVITY EXTENSION.” Note 2: When a statement identical to that in paragraph

(i)of this AD has been included in the Emergency Procedure Section of the general revisions of the AFM, the general revisions may be inserted into the AFM, and the copy of this AD may be removed from the AFM. Repetitive Checks

(j)Within 14 days after the effective date of this AD or before the accumulation of 800 total flight cycles, whichever occurs later, check the post flight report

(PFR)for centralized fault display system

(CFDS)messages triggered within the last 8 days, in accordance with paragraph 4.2.1 of Airbus All Operators Telex

(AOT)A320-32A1390, dated February 10, 2011. Repeat the check thereafter at intervals not to exceed 8 days or 5 flight cycles, whichever occurs later. If done in accordance with a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, the use of an alternative method to check the PFR for CFDS messages (e.g., AIRMAN) is acceptable in lieu of this check if the messages can be conclusively determined from that method. On-Condition Inspection

(k)If, during any check required by paragraph

(j)of this AD, a pair of specific CFDS messages specified in paragraph 4.2.1 of Airbus AOT A320-32A1390, dated February 10, 2011, has been triggered by both landing gear control and indication units (LGCIU) for the same flight, before further flight, inspect the door opening sequence of the affected doors of the MLG for discrepancies (i.e., if any condition specified in steps

(a)through

(d)of paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011, is not met), in accordance with paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011. Repetitive Inspections

(l)At the applicable time specified in paragraph (l)(1) or (l)(2) of this AD: inspect the door opening sequence of the left hand and right hand doors of the MLG for discrepancies (i.e., if any condition specified in steps

(a)through

(d)of paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011, is not met), in accordance with the instructions of paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011. Repeat the inspection thereafter at intervals not to exceed 425 flight cycles. Doing this inspection terminates the requirements of paragraph

(g)of this AD.

(1)For airplanes on which an inspection required by paragraph

(g)of this AD has been done as of the effective date of this AD: Within 800 flight cycles after doing the most recent inspection required by paragraph

(g)of this AD, or within 100 flight cycles after the effective date of this AD, whichever occurs later.

(2)For airplanes on which an inspection required by paragraph

(g)of this AD has not been done as of the effective date of this AD: Within 800 flight cycles after the effective date of this AD. Replacement

(m)If any discrepancy (i.e., if any condition specified in steps

(a)through

(d)of paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011, is not met) is found during any inspection required by paragraph

(k)or

(l)of this AD, before further flight, replace the affected MLG door actuator with a new MLG door actuator, in accordance with the instructions of Airbus AOT A320-32A1390, dated February 10, 2011.

(n)Replacement of the MLG door actuator as required by paragraph

(m)of this AD is not a terminating action for the repetitive actions required by paragraphs

(j)and

(l)of this AD. FAA AD Differences **Note 3:** This AD differs from the MCAI and/or service information as follows:

(1)Paragraph

(6)of European Aviation Safety Agency

(EASA)AD 2011-0069, dated April 18, 2011, specifies a compliance time of 800 flight cycles after the effective date for all airplanes for the initial inspection of the door opening sequence. This AD specifies a compliance time of 800 flight cycles after the effective date of this AD for airplanes on which the existing inspections (required by AD 2007-06-18) of the door opening sequence have not been done, and a compliance time of within 800 flight cycles since the most recent inspection or within 100 flight cycles after the effective date of this AD, whichever occurs later, for airplanes on which the existing inspections of the door opening sequence have been done.

(2)EASA AD 2011-0069, dated April 18, 2011, specifies MLG door actuators having part number (P/N) 114122006, P/N 114122007, P/N 114122009, P/N 114122010, P/N 114122011, or P/N 114122012, in its applicability. This AD retains the existing applicability of AD 2007-06-18 of all airplanes because all airplanes have one of the affected part numbers. Other FAA AD Provisions

(o)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. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1405; fax

(425)227-1149. Information may be e-mailed to: *9-ANM-116-AMOC-REQUESTS@faa.gov.* Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD. As of the effective date of this AD, AMOCs approved previously in accordance with AD 2007-06-18, are not approved as AMOCs with this AD.

(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)Special Flight Permits: Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) with the MLG extended, provided that no recycle of the MLG is allowed during flight. Related Information

(p)Refer to MCAI EASA 2011-0069, dated April 18, 2011; Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006; and Airbus AOT A320-32A1390, dated February 10, 2011; for related information. Material Incorporated by Reference

(q)You must use Airbus All Operators Telex A320-32A1390, dated February 10, 2011; and Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006; as applicable; 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 Airbus All Operators Telex A320-32A1390, dated February 10, 2011, under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)The Director of the Federal Register previously approved the incorporation by reference of Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006, on April 27, 2007 (72 FR 13681, March 23, 2007).

(3)For service information identified in this AD, contact Airbus, Airworthiness Office—EAS, 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.*

(4)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.

(5)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 16, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011-15683 Filed 6-24-11; 8:45 am]

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