Unknown. Final rule; request for comments

4,339 words·~20 min read·/register/2011/07/08/2011-16954·

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-2011-07-08.xml --- 76 131 Friday, July 8, 2011 Contents Agriculture Agriculture Department See Forest Service Army Army Department NOTICES Privacy Act; Systems of Records, 40343-40345 2011-17158 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program:

Changes to End-Stage Renal Disease Prospective Payment System for CY 2012, etc., 40498-40550 2011-16874 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40369-40371 2011-17052 2011-17087 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40371-40374 2011-16974 2011-16976 2011-16977 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Harlem River, New York City, NY, 40234-40237 2011-17115 Illinois Waterway, near Morris, IL, 40237 2011-17111 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, 40324 2011-17177 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 40341-40342 2011-17147 Procurement List; Proposed Additions and Deletions, 40342-40343 2011-17146 Defense Department Defense Department See Army Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation;

Buy American Act—Construction, 40367-40368 2011-17216 Federal Acquisition Regulation; Duty-Free Entry, 40367 2011-17213 Federal Acquistion Reguation; Environmentally Sound Products, 40368-40369 2011-17218 Drug Drug Enforcement Administration PROPOSED RULES Denial of Petition to Reschedule Marijuana, 40552-40589 2011-16994 Employment and Training Employment and Training Administration NOTICES Affirmative Determinations Regarding Applications for Reconsideration: Sony Music Holdings, Inc., et al., Pitman, NJ, 40400 2011-17088 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 40400-40402 2011-17090 Negative Determinations on Reconsideration:

Matthews International Corp., Kingwood, WV, 40402-40403 2011-17091 Revised Determinations on Reconsideration: Pisgah Yarn and Dyeing Company, Old Fort, NC, 40403 2011-17092 Energy Department Energy Department See Federal Energy Regulatory Commission See National Nuclear Security Administration See Western Area Power Administration PROPOSED RULES Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Determination of Set-Top Boxes and Network Equipment as a Covered Consumer Product, 40285-40286 2011-17215 Environmental Protection Environmental Protection Agency RULES Approvals and Disapprovals and Promulgations of Air Quality Implementation Plans:

Montana; Revisions to Administrative Rules of Montana - Air Quality, 40237-40242 2011-16935 Approvals and Promulgations of Air Quality Implementation Plans: Indiana; Modifications to Indiana Prevention of Significant Deterioration and Non-attainment New Source Review Rules, 40242-40246 2011-17036 Ohio; Control of Gasoline Volatility; Correction, 40246-40248 2011-17049 Approvals and Promulgations of Implementation Plans: Connecticut, Maine, New Hampshire and Rhode Island; Infrastructure SIPs for 1997 8-Hour Ozone National Ambient Air Quality Standards, 40248-40258 2011-17021 Nebraska, 40258-40262 2011-17193 Determinations of Attainment, Approvals and Promulgations of Air Quality Implementation Plans:

Indiana; Correction, 40262-40263 2011-17050 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Indiana; Modifications to Indiana Prevention of Significant Deterioration and Non-attainment New Source Review Rules, 40303 2011-17037 State Implementation Plans; Revisions: California; South Coast Air Quality Management District, 40303-40306 2011-17262 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipt, 40354-40355 2011-17199 Meetings:

Science Advisory Board Panel for Review of Great Lakes Restoration Initiative Action Plan, 40355 2011-17258 Modification to 2008 National Pollutant Discharge Elimination System: General Permit for Stormwater Discharges Associated with Construction Activities, 40355-40359 2011-17244 Product Cancellation Order for Certain Pesticide Registrations, 40359-40365 2011-17089 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Rolls-Royce plc RB211-524 Series Turbofan Engines, 40217-40219 2011-16954 Turbomeca S.A. ARRIEL 2B and 2B1 Turboshaft Engines, 40222-40223 2011-16955 Various Aircraft Equipped with Rotax Aircraft Engines 912 A Series Engine, 40219-40222 2011-17144 PROPOSED RULES Airworthiness Directives: Boeing Co. Model MD 90-30 Airplanes, 40288-40291 2011-17267 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-505 Airplanes, 40286-40288 2011-17264 Learjet Inc. Model 45 Airplanes, 40291-40293 2011-17265 Amendment of Class D and Modification of Class E Airspace:

Grand Junction, CO, 40293-40295 2011-17197 Amendments of Class E Airspaces: Tonopah, NV, 40295-40296 2011-17200 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Dealer's Aircraft Registration Certificate Application, 40420 2011-17208 Federal Communications Federal Communications Commission RULES Commercial Availability of Navigation Devices: Compatibility between Cable Systems and Consumer Electronics Equipment, 40263-40280 2011-16869 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 40365 2011-17370 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 40345-40352 2011-17133 2011-17134 2011-17135 2011-17136 2011-17137 2011-17138 Federal Maritime Federal Maritime Commission NOTICES Meetings; Sunshine Act, 40365 2011-17348 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Harmonizing Schedule I Drug Requirements, 40306-40320 2011-17192 NOTICES Pilot Program on the North American Free Trade Agreement Long-Haul Trucking Provisions, 40420-40439 2011-16886 Qualification of Drivers;

Exemption Applications; Diabetes Mellitus, 40439-40443 2011-17185 Qualification of Drivers; Exemption Applications; Vision, 40443-40447 2011-17183 2011-17184 Federal Railroad Federal Railroad Administration PROPOSED RULES Risk Reduction Program, 40320-40321 2011-16983 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 40365-40366 2011-17086 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 40366 2011-17085 2011-17153 Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies, etc., 40366 2011-17152 Federal Transit Federal Transit Administration NOTICES Proposed Buy America Waiver to Allow Bidder to Certify Compliance, 40447-40448 2011-17182 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Monitoring Recovered Species After Delisting—American Peregrine Falcon, 40389-40390 2011-17126 Food and Drug Food and Drug Administration RULES Oral Dosage Form New Animal Drugs; Change of Sponsor, 40229 2011-17151 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications for Approval to Market a New Drug; Postmarketing Reports; etc., 40374-40375 2011-17141 Class II Special Controls Guidance Document, Labeling for Natural Rubber Latex Condoms, 40377-40378 2011-17156 Draft Guidance for Industry on User Fee Waivers, Reductions, and Refunds for Drug and Biological Products, 40375-40376 2011-17142 Electronic Records;

Electronic Signatures, 40378-40379 2011-17155 Exports; Notification and Recordkeeping Requirements, 40376-40377 2011-17140 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Mt. Hood Meadows Ski Resort Parking Improvements, 40322-40324 2011-17143 Meetings: Ravalli County Resource Advisory Committee, 40324 2011-17198 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Federal Acquisition Regulation; Buy American Act—Construction, 40367-40368 2011-17216 Federal Acquisition Regulation; Duty-Free Entry, 40367 2011-17213 Federal Acquistion Reguation; Environmentally Sound Products, 40368-40369 2011-17218 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health RULES Administrative Simplification:

Adoption of Operating Rules for Eligibility for Health Plan and Health Care Claim Status Transactions, 40458-40496 2011-16834 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 40386-40388 2011-16916 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau NOTICES Establishment of Commission on Indian Trust Administration and Reform, 40388-40389 2011-17139 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 40449-40451 2011-17129 2011-17130 2011-17131 International Trade Adm International Trade Administration NOTICES Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Reviews: Diamond Sawblades and Parts Thereof from the Republic of Korea, 40324-40325 2011-17211 Preliminary Results of Antidumping Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from the Republic of Korea, 40325-40329 2011-17210 Preliminary Results of Antidumping Duty Administrative Reviews, and Intent to Revoke Order in Part:

Certain Polyester Staple Fiber from the People's Republic of China, 40329-40336 2011-17207 Justice Department Justice Department See Drug Enforcement Administration See Juvenile Justice and Delinquency Prevention Office See Prisons Bureau NOTICES Lodging of Consent Decrees, 40393-40394 2011-17178 Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Final Plan for Fiscal Year 2011, 40394-40400 2011-17186 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Pattern Energy Group Ocotillo Express Wind Energy Project, Imperial County, CA, 40390-40391 2011-17159 Final Supplementary Rules on Public Lands in Idaho, 40391-40393 2011-17149 NASA National Aeronautics and Space Administration RULES Major System Acquisition; Earned Value Management, 40280-40281 2011-17116 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Buy American Act—Construction, 40367-40368 2011-17216 Federal Acquisition Regulation;

Duty-Free Entry, 40367 2011-17213 Federal Acquistion Reguation; Environmentally Sound Products, 40368-40369 2011-17218 National Archives National Archives and Records Administration PROPOSED RULES Declassification of National Security Information, 40296-40302 2011-17128 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Study Logistic Formative Research Methodology Studies for National Children's Study, 40379-40381 2011-17201 Government-Owned Inventions;

Availability for Licensing, 40381-40384 2011-17227 2011-17228 Meetings: National Center for Research Resources, 40384-40385 2011-17214 National Center on Minority Health and Health Disparities, 40384 2011-17225 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 40385 2011-17206 National Nuclear National Nuclear Security Administration NOTICES Environmental Impact Statements; Availability, etc.: Los Alamos National Laboratory, Los Alamos, NM; Amended Record of Decision, 40352-40354 2011-17161 National Oceanic National Oceanic and Atmospheric Administration NOTICES Availability of Seats for the Florida Keys National Marine Sanctuary Advisory Council, 40336 2011-17195 Fisheries of the Exclusive Economic Zone Off Alaska:

Prohibited Species Donation Program, 40336-40338 2011-17203 Marine Mammals; Photography Permit No. 16360, 40338 2011-17194 National Estuarine Research Reserve System, 40338-40339 2011-16971 Navy Navy Department RULES Certifications and Exemptions under the International Regulations for Preventing Collisions at Sea, 1972, 40233-40234 2011-17150 NOTICES Surplus Land at a Military Installation Designated for Disposal: Naval Station Pascagoula, MS, 40345 2011-17148 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Draft NRC Regulatory Issue Summary Regulation of Military Operational Radium-226, 40282-40285 2011-17165 NOTICES Applications Regarding Proposed Corporate Mergers:

R.E. Ginna Nuclear Power Plant, LLC et al., 40403-40406 2011-17164 Meetings: Advisory Committee On Reactor Safeguards Plant Operations and Fire Protection Subcommittee, 40406 2011-17154 Requests for Action, 40406 2011-17163 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Patent Prosecution Highway Program, 40339-40341 2011-17077 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: 26th Amendment; 40th Anniversary (Proc. 8691), 40215-40216 2011-17287 Prisons Prisons Bureau RULES Psychiatric Evaluation and Treatment, 40229-40233 2011-17160 Securities Securities and Exchange Commission RULES Extension of Temporary Exemptions for Eligible Credit Default Swaps, 40223-40229 2011-17132 NOTICES Applications:

Sterling Capital Funds and Sterling Capital Management LLC, 40407-40409 2011-17188 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 40412-40413 2011-17127 NASDAQ OMX PHLX LLC, 40415-40419 2011-17119 2011-17120 National Securities Clearing Corp., 40409-40410 2011-17187 New York Stock Exchange LLC, 40413-40415 2011-17122 NYSE Amex LLC, 40410-40412 2011-17123 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations:

Prints and the Pursuit of Knowledge in Early Modern Europe, 40419 2011-17212 Surface Transportation Surface Transportation Board NOTICES 2010 Tax Information for Use in the Revenue Shortfall Allocation Method, 40448-40449 2011-17238 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40385-40386 2011-17124 2011-17125 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Ordinary Life Insurance, 40451-40452 2011-17168 Application for VA Education Benefits, 40453-40454 2011-17171 Certificate Showing Residence and Heirs of Deceased Veteran or Beneficiary, 40454-40455 2011-17173 Insurance Deduction Authorization (For Deduction from Benefit Payments), 40453 2011-17170 Report of Treatment by Attending Physician, 40452 2011-17169 Request for a Certificate of Eligibility, 40451 2011-17166 Request for Supplemental Information on Medical and Nonmedical Applications, 40455-40456 2011-17176 VA MATIC Authorization, 40452-40453 2011-17174 Veterans Mortgage Life Insurance - Change of Address Statement, 40451 2011-17167 Veterans Mortgage Life Insurance Inquiry, 40455 2011-17175 VSO Access to VHA Electronic Health Records, 40454 2011-17172 Western Western Area Power Administration NOTICES Environmental Impact Statements;

Availability, etc.: Crowned Ridge Wind Energy Center Project, Codington and Grant Counties, SD; Cancellation, 40354 2011-17157 Separate Parts In This Issue Part II Health and Human Services Department, 40458-40496 2011-16834 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 40498-40550 2011-16874 Part IV Justice Department, Drug Enforcement Administration, 40552-40589 2011-16994 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. 76 131 Friday, July 8, 2011 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2011-0624; Directorate Identifier 2010-NE-11-AD; Amendment 39-16724; AD 2011-13-01] RIN 2120-AA64 Airworthiness Directives;

Rolls-Royce plc

(RR)RB211-524 Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), 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)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: An investigation into the loss of a TRU during landing has revealed that this incident was preceded by the detachment of the TRUs fixed structure front ring rivet lines on the rear flange. It was concluded that the loss of rivet lines was directly associated with a previous translating cowl gearbox stubshaft fracture and the subsequent repair of the fixed structure to Engine Manual repair No. FRS5887. This repair instructs the replacement of the damaged section of the structure but does not require the rivets adjacent to the repair to be replaced although latest analysis has shown that the rivets may have weakened as a result of a translating cowl gearbox stubshaft failure. We are issuing this AD to prevent failure of the attachment rivets resulting in loss of engine structural integrity, which may result in release of the thrust reverser unit from the engine. DATES: This AD becomes effective August 12, 2011. We must receive comments on this AD by August 8, 2011. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of August 12, 2011. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. • *Hand Delivery:* Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Fax:*

(202)493-2251. 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 the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Alan Strom, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; *e-mail: alan.strom@faa.gov;* telephone

(781)238-7143; fax

(781)238-7199. 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 2009-0253, dated November 30, 2009 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: An investigation into the loss of a TRU during landing has revealed that this incident was preceded by the detachment of the TRUs fixed structure front ring rivet lines on the rear flange. It was concluded that the loss of rivet lines was directly associated with a previous translating cowl gearbox stubshaft fracture and the subsequent repair of the fixed structure to Engine Manual repair No. FRS5887. This repair instructs the replacement of the damaged section of the structure but does not require the rivets adjacent to the repair to be replaced although latest analysis has shown that the rivets may have weakened as a result of a translating cowl gearbox stubshaft failure. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Rolls-Royce has issued RR Alert Service Bulletin RB.211-78-AG084, Revision 5, dated February 4, 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 the United Kingdom, and is approved for operation in the United States. Pursuant to our bilateral agreement with the United Kingdom, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by EASA 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 EASA AD 2009-0253, dated November 30, 2009, requires the following compliance times: For engines on which the thrust reverser unit

(TRU)was previously repaired using either engine manual repair No. FRS4976 or engine manual repair No. FRS5887 and FRS6669 as a result of a translating cowl gearbox stubshaft failure, the MCAI requires compliance before March 31, 2010. This AD requires compliance within 215 cycles-in-service

(CIS)after the effective date of this AD. For engines on which the TRU was previously repaired using engine manual repair No. FRS5887 only, the MCAI requires compliance before December 31, 2012. This AD requires compliance within 2,225 CIS after the effective date of this AD. FAA's Determination of the Effective Date Since no domestic operators use this product, notice and opportunity for public comment before issuing this AD are unnecessary. Therefore, we are adopting this regulation immediately. 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-2011-0624; Directorate Identifier 2010-NE-11-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 with FAA personnel concerning this AD. Using the search function of the Web site, anyone can find and read the comments in any of our dockets, including, if provided, the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78). 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 adding the following new AD: **2011-13-01 Rolls-Royce plc (RR):** Amendment 39-16724; Docket No. FAA-2011-0624; Directorate Identifier 2010-NE-11-AD. Effective Date

(a)This airworthiness directive

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

(b)None. Applicability

(c)This AD applies to RB211-524D4-19, -524D4-B-19, -524D4-39, -524D4-B-39, -524D4X-19, -524D4X-B-19, -524H-36, -524H2-19, -524H-T-36, -524H2-T-19, -524G2-19, -524G3-19, -524G2-T-19, and -524G3-T-19 engines with thrust reverser units

(TRUs)that have a part number (P/N) specified in paragraph 1.A. of RR Alert Service Bulletin

(ASB)RB.211-78-AG084, Revision 5, dated February 4, 2011, installed. These engines are installed on, but not limited to, Boeing 747 series and 767 series airplanes. Reason

(d)The EASA AD 2009-0253, dated November 30, 2009, states the following: An investigation into the loss of a TRU during landing has revealed that this incident was preceded by the detachment of the TRUs fixed structure front ring rivet lines on the rear flange. It was concluded that the loss of rivet lines was directly associated with a previous translating cowl gearbox stubshaft fracture and the subsequent repair of the fixed structure to Engine Manual repair No. FRS5887. This repair instructs the replacement of the damaged section of the structure but does not require the rivets adjacent to the repair to be replaced although latest analysis has shown that the rivets may have weakened as a result of a translating cowl gearbox stubshaft failure. We are issuing this AD to prevent failure of the attachment rivets resulting in loss of engine structural integrity, which may result in release of the thrust reverser unit from the engine.

(e)If no repairs were performed as a result of a stubshaft failure, no further action is necessary. Actions and Compliance

(f)Unless already done, do the following actions:

(1)If the TRU has previously had engine manual repair No. FRS5887 and either engine manual repair No. FRS4976 or engine manual repair No. FRS6669 as a result of a translating cowl gearbox stubshaft failure, then perform the actions specified in Section 3. Accomplishment Instructions of RR ASB RB.211-78-AG084, Revision 5, dated February 4, 2011, within 215 cycles-in-service

(CIS)after the effective date of this AD.

(2)If the TRU has previously only had engine manual repair No. FRS5887 as a result of a translating cowl gearbox stubshaft failure, then perform the actions specified in Section 3. Accomplishment Instructions of RR ASB RB.211-78-AG084, Revision 5, dated February 4, 2011, within 2,225 CIS after the effective date of this AD. Previous Credit

(g)Actions specified in paragraph (f)(1) and (f)(2) of this AD that are performed using RR ASB RB.211-78-AG084, Revision 4, dated December 22, 2009, RR ASB RB.211-78-AG084, Revision 3, dated November 6, 2009, comply with paragraph (f)(1) and (f)(2) of this AD. FAA AD Differences

(h)This AD differs from the Mandatory Continuing Airworthiness Information

(MCAI)and/or service information as follows:

(1)For engines on which the TRU was previously repaired using either engine manual repair No. FRS4976 or engine manual repair No. FRS6669 and engine manual repair FRS5887 as a result of a translating cowl gearbox stubshaft failure, the MCAI requires compliance before March 31, 2010. This AD requires compliance within 215 cycles-in-service

(CIS)after the effective date of this AD.

(2)For engines on which the TRU was previously repaired using engine manual repair No. FRS5887 only, the MCAI requires compliance before December 31, 2012. This AD requires compliance within 2,225 CIS after the effective date of this AD. Other FAA AD Provisions Alternative Methods of Compliance (AMOCs)

(i)The Manager, Engine Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information

(j)Refer to MCAI EASA Airworthiness Directive 2009-0253, dated November 30, 2009, for related information.

(k)Contact Alan Strom, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; *e-mail: alan.strom@faa.gov;* telephone

(781)238-7143; fax

(781)238-7199, for more information about this AD. Material Incorporated by Reference

(l)You must use Rolls-Royce

(RR)Alert Service Bulletin

(ASB)RB.211-78-AG084, Revision 5, dated February 4, 2011, 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 Rolls-Royce plc, P.O. Box 31, Derby, DE24 8BJ, United Kingdom; telephone 011 44 1332 242424; fax 011 44 1332 249936.

(3)You may review copies at the FAA, New England Region, 12 New England Executive Park, Burlington, MA; or 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/cfr/ibr-locations.html* . Issued in Burlington, Massachusetts, on June 8, 2011. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 2011-16954 Filed 7-7-11; 8:45 am]

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