Unknown. Final rule

6,450 words·~29 min read·/register/2011/10/19/2011-26257·

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-2011-10-19.xml --- 76 202 Wednesday, October 19, 2011 Contents African African Development Foundation NOTICES Meetings: Board of Directors, 64892 2011-27061 Agency Health Agency for Healthcare Research and Quality NOTICES Senior Executive Service Performance Review Board Membership, 64948 2011-26965 Agriculture Agriculture Department See Commodity Credit Corporation See Foreign Agricultural Service See Forest Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES List of Explosive Materials:

Commerce in Explosives, 64974-64975 2011-26963 Census Bureau Census Bureau NOTICES Annual Wholesale Trade Survey, 64894-64895 2011-27059 Children Children and Families Administration NOTICES Awards of Single-source Grants: The WorkPlace, Inc., Bridgeport, CT, 64949 2011-27067 Coast Guard Coast Guard RULES Safety Zones: Mainardi/Kinsey Wedding Fireworks, Lake Erie, Lakewood, OH, 64820-64822 2011-26989 Truman-Hobbs Alteration of the Elgin Joliet & Eastern Railroad Drawbridge, Morris, IL, 64818-64820 2011-26988 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation PROPOSED RULES Sugar Program;

Feedstock Flexibility Program for Bioenergy Producers, 64839-64844 2011-26974 Consumer Product Consumer Product Safety Commission PROPOSED RULES Review of Commission's Regulations, 64865-64868 2011-26820 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplement: Reporting of Government-Furnished Property, 64885-64891 2011-27062 NOTICES Meetings: Ownership of Offeror; Defense Federal Acquisition Regulation Supplement, 64902-64903 2011-27070 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Manual for Courts-Martial;

Proposed Evidence Amendments: Public Meeting, 65062-65093 2011-26896 Meetings: Wage Committee, 2011-26952 64901-64902 2011-26953 2011-26957 Membership of Performance Review Board, 64902 2011-26998 Drug Drug Enforcement Administration RULES Electronic Prescriptions for Controlled Substances Clarification, 64813-64816 2011-26738 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64903-64904 2011-26927 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Building Energy Standards Program:

Energy Efficiency Improvements in Energy Standard for Buildings, Except Low-Rise Residential Buildings, 64904-64923 2011-27057 Meetings: Unconventional Resources Technology Advisory Committee, 64923-64924 2011-27054 Updating State Residential Building Energy Efficiency Codes, 64924-64931 2011-27050 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Building Energy Codes Cost Analysis, 64931-64932 2011-27049 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans:

Ohio and Indiana; Redesignation of the Ohio and Indiana Portions Cincinnati-Hamilton Area, 64825-64838 2011-26887 Virginia; Transportation Conformity Regulations, 64823-64825 2011-26905 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Ohio and Indiana; Redesignation of the Ohio and Indiana Portions Cincinnati-Hamilton Area, 64880-64881 2011-26890 Virginia; Transportation Conformity Regulations, 64881-64882 2011-26904 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: General Administrative Requirements for Assistance Programs, 64942-64943 2011-27053 Proposed Cercla Administrative Cost Recovery Settlements: ACM Smelter and Refinery Site, Cascade County, MT, 64943-64944 2011-27051 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Co-Financing with Foreign Export Credit Agency, 64944 2011-27048 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Airplanes, 64781-64785 2011-26257 Airbus Model A300 B4-103, B4-203, and B4-2C Airplanes, 64798-64801 2011-26082 BAE SYSTEMS (Operations) Limited Model 4101 Airplanes, 64788-64791 2011-25802 Bombardier, Inc. Airplanes, 64801-64803 2011-26081 Diamond Aircraft Industries Powered Sailplanes, 64793-64795 2011-26300 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Airplanes, 64785-64788 2011-26718 Rolls-Royce Deutschland Ltd and Co KG BR700-710 Series Turbofan Engines, 64791-64793 2011-26885 Sicma Aero Seat Passenger Seat Assemblies Installed on Various Transport Category Airplanes, 64795-64798 2011-26083 PROPOSED RULES Airworthiness Directives:

Airbus Model A318, A319, A320, and A321 Series Airplanes, 64854-64857 2011-27026 Bombardier, Inc. Model BD 100 1A10 (Challenger 300) Airplanes, 64857-64859 2011-27011 Bombardier, Inc. Model DHC-8-400 Series Airplanes, 64847-64851 2011-27009 2011-27023 General Electric Co. Turbofan Engines, 64844-64847 2011-27006 Learjet Inc. Model 45 Airplanes, 64851-64854 2011-27010 Pilot Loading of Navigation and Terrain Awareness Database Updates, 64859-64865 2011-27036 Federal Communications Federal Communications Commission PROPOSED RULES Inquiry Into Disbursement Process for the Universal Service Fund Low Income Program, 64882-64884 2011-26940 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Standard Flood Hazard Determination Form, 64957-64958 2011-27071 Major Disaster Declarations: New York; Amendment No. 6, 64958 2011-27056 Puerto Rico; Amendment No. 5, 64958 2011-27058 Major Disasters and Related Determinations: Delaware, 64959 2011-27079 District of Columbia, 64959-64960 2011-27072 New Jersey, 64958-64959 2011-27083 Meetings: Federal Radiological Preparedness Coordinating Committee, 64960 2011-26968 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 64932-64933 2011-26985 Applications: Alaska Power Co., Inc., 64933-64935 2011-26982 Combined Filings, 64935-64939 2011-26980 2011-26981 2011-26999 2011-27000 Commission Staff Attendance, 64939 2011-26986 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Windpower Partners 1993, L.P., 64939-64940 2011-26984 Records Governing Off-the-Record Communications, 64940 2011-27001 Southwest Power Pool Regional Entity Trustee, Regional State Committee, and Board of Directors Meetings:

Staff Attendance, 64940-64941 2011-27002 Federal Highway Federal Highway Administration NOTICES Environmental Assessments; Availability, etc.: I-395 Air Rights Project, 64991-64992 2011-27033 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 64944-64945 2011-27055 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 64945 2011-27032 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreements:

Teva Pharmaceutical Industries Ltd. and Cephalon, Inc., 64945-64947 2011-26970 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Designation of Revised Critical Habitat for the Tidewater Goby, 64996-65060 2011-26301 NOTICES Environmental Assessments; Availability, etc.: National Grid Incidental Take Permit Application for Karner Blue Butterfly and Frosted Elfin, 64966-64967 2011-26793 Food and Drug Food and Drug Administration RULES Beverages;

Bottled Water Quality Standard: Establishing an Allowable Level for di(2-ethylhexyl)phthalate, 64810-64813 2011-26707 PROPOSED RULES Orphan Drug Regulations, 64868-64879 2011-27037 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data to Support Communications to Educate Consumers on How to Safely Purchase Drugs Online, 64949-64950 2011-27019 Substances Prohibited from Use in Animal Food or Feed, 64950-64951 2011-27020 Meetings: Cellular, Tissue and Gene Therapies Advisory Committee, 64951 2011-27038 Withdrawal of Approval of 103 New Drug Applications and 35 Abbreviated New Drug Applications:

Apothecon et al.; Correction, 64951 2011-26967 Foreign Agricultural Foreign Agricultural Service NOTICES Requests For Nominations: Agricultural Policy Advisory Committee and Agricultural Technical Advisory Committees for Trade, 64892-64893 2011-26975 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Rosemont Copper Project on Coronado National Forest, Nogales Ranger District, Pima County, AZ, 64893-64894 2011-27028 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Findings of Research Misconduct, 64947-64948 2011-27022 Petitions to Designate Class of Employees for Inclusion in Special Exposure Cohort:

Oak Ridge National Laboratory, Oak Ridge, TN, 64948 2011-27035 Health Resources Health Resources and Services Administration NOTICES Meetings: Advisory Committee on Training in Primary Care Medicine and Dentistry, 64952-64953 2011-27027 Council on Graduate Medical Education, 64952 2011-27030 National Advisory Council on Nurse Education and Practice, 64953 2011-27025 Statement of Organization, Functions and Delegations of Authority, 64953-64954 2011-27031 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S.

Customs and Border Protection Industry Industry and Security Bureau NOTICES Meetings: Information Systems Technical Advisory Committee, 64895 2011-27013 Transportation And Related Equipment Technical Advisory Committee, 64895-64896 2011-27017 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service RULES Deduction for Qualified Film and Television Production Costs, 64816-64818 2011-26973 PROPOSED RULES Deduction for Qualified Film and Television Production Costs, 64879-64880 2011-26972 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Extension of Time Limit for Preliminary Results: Certain Cut-to-Length Carbon-Quality Steel Plate from the Republic of Korea, 64896-64897 2011-27084 Diamond Sawblades and Parts Thereof from the People's Republic of China, 64896 2011-27081 Antidumping Duty Administrative Reviews; Partial Rescissions: Certain Pasta from Italy, 64897-64898 2011-27066 Antidumping Duty Changed Circumstances Reviews; Final Results and Terminations, in Part: Diamond Sawblades and Parts Thereof from People's Republic of China, 64898-64899 2011-27087 Countervailing Duty Orders;

Final Results of Expedited Sunset Reviews: Welded Carbon Steel Pipe and Tube from Turkey, 64900-64901 2011-27080 International Trade Com International Trade Commission RULES Adjudication and Enforcement, 64803-64810 2011-26664 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration Labor Department Labor Department See Labor Statistics Bureau See Workers Compensation Programs Office Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 64975-64976 2011-26966 Land Land Management Bureau NOTICES Filings of Plats of Surveys: California, 64968-64969 2011-27024 South Dakota, 2011-27008 64967-64969 2011-27021 2011-27029 Final Supplementary Rules Concerning Fireworks on Public Land in Colorado, 64969-64971 2011-27044 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Grantee Outcomes and Satisfaction, 64954 2011-27063 Meetings:

Center for Scientific Review, 2011-27076 64955-64957 2011-27077 National Institute of General Medical Sciences, 64954-64955, 64957 2011-27068 2011-27073 2011-27074 2011-27075 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: New England Fishery Management Council, 64901 2011-26995 National Park National Park Service NOTICES Meetings: National Park Service Alaska Region's Subsistence Resource Commission Program, 64971-64972 2011-26969 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 64977-64978 2011-26978 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act:, 64978 2011-27145 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 64978-64980 2011-27039 2011-27040 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: International Securities Exchange, LLC, 64980-64986 2011-26990 2011-26992 NASDAQ OMX PHLX LLC, 64987-64990 2011-26993 2011-26994 NYSE Amex LLC, 64983-64984 2011-26991 Small Business Small Business Administration NOTICES Meetings:

Audit and Financial Management Advisory Committee, 64990-64991 2011-26832 Houston District Office Advisory Committee, 64990 2011-27052 State Department State Department NOTICES Certification Related to Guatemalan Armed Forces under Section 7045(D) of Department of State, Foreign Operations, etc., 64991 2011-27065 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64972-64973 2011-26962 2011-26964 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions;

Discontinuance of Service Exemptions: Carrollton Railroad; CSX Transportation, Inc., Carroll County, KY, 64992 2011-27041 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Flight Crew Self-Defense Training-Registration and Evaluation, 64960-64961 2011-26971 Treasury Treasury Department See Internal Revenue Service NOTICES Meetings:

Debt Management Advisory Committee, 64992-64993 2011-26422 Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: Inspectorate America Corp., Houston, TX, 64962 2011-27018 Intertek USA, Inc., Bayamon, PR, 64963 2011-27004 Intertek USA, Inc., Nederland, TX, 64963 2011-27014 Intertek USA, Inc., St. Rose, LA, 64962-64963 2011-27015 Saybolt LP, Port Neches, TX, 64962 2011-27016 SGS North America, Inc., Carson, CA, 64961-64962 2011-26977 Commercial Gaugers and Laboratories;

Re-Accreditations and Re-Approvals: Omni Hydrocarbon Measurement, Inc., Crosby, TX, 64963-64964 2011-27003 Commercial Guagers and Laboratories; Re-Accreditations and Re-Approvals: Inspectorate America Corp., Savannah, GA, 64964 2011-26997 SGS North America, Inc., Bayonne, NJ, 64964 2011-26996 Quarterly Internal Revenue Service Interest Rates: Overdue Accounts and Refunds of Customs Duties, 64964-64966 2011-27088 Re-Approval of Intertek Caleb Brett, Ponce, Puerto Rico, as Commercial Gauger, 64966 2011-26976 Western Western Area Power Administration NOTICES Environmental Impact Statements;

Availability, etc.: Proposed Hyde County Wind Energy Center Project, Hyde County, SD; Cancellation, 64941 2011-27046 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64976-64977 2011-26939 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 64996-65060 2011-26301 Part III Defense Department, 65062-65093 2011-26896 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. 76 202 Wednesday, October 19, 2011 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2011-0264; Directorate Identifier 2009-NM-244-AD; Amendment 39-16837; AD 2011-21-14] RIN 2120-AA64 Airworthiness Directives;

Airbus Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are superseding an existing airworthiness directive

(AD)that applies to certain Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model C4-605R Variant F airplanes (collectively called A300-600 series airplanes). 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: [T]he FAA has published SFAR 88 (Special Federal Aviation Regulation 88).* * * Under this regulation, all holders of type certificates for passenger transport aeroplanes * * * are required to conduct a design review against explosion risks. The replacement of some types of P-clips and improvement of the electrical bonding of the equipment in the fuel tanks [were] are rendered mandatory. * * * Subsequently, an internal review * * * led * * * to * * * an additional check [for blue coat] of the bonding points in the centre tank. * * * More recently, another internal review [introduced] additional work [installing bonding points] for aeroplanes under Configuration 03 * * * and additional work [bonding the fuel jettison system—blanking plates] on the wing tanks for aeroplanes under Configuration 07. * * * The unsafe condition is damage to wiring in the wing, center, and trim fuel tanks, due to failed P-clips used for retaining the wiring and pipes, which could result in a possible fuel ignition source in the wing, center, or trim fuel tanks. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective November 23, 2011. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 23, 2011. The Director of the Federal Register approved the incorporation by reference of certain other publications as of March 6, 2008 (73 FR 5731, January 31, 2008). 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: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2125; fax

(425)227-1149. 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 April 6, 2011 (76 FR 18960), and proposed to supersede AD 2008-03-04, Amendment 39-15353 (73 FR 5731, January 31, 2008). That NPRM (76 FR 18960, April 6, 2011) proposed to correct an unsafe condition for the specified products. The MCAI states: [T]he FAA has published SFAR 88 (Special Federal Aviation Regulation 88). In their letters referenced 04/00/02/07/01-L296, dated 04 March 2002, and 04/00/02/07/03-L024, dated 03 February 2003, the JAA recommended the application of a similar regulation to the National Aviation Authorities (NAA). Under this regulation, all holders of type certificates for passenger transport aeroplanes with either a passenger capacity of 30 or more, or a payload capacity of 3,402 kg (7,500 lbs) or more which have received their certification since 01 January 1958, are required to conduct a design review against explosion risks. The replacement of some types of P-clips and improvement of the electrical bonding of the equipment in the fuel tasks are rendered mandatory by this AD. Initially, EASA AD 2006-0325, which addressed the same unsafe condition, also applied to A300-600 aeroplanes. Airbus subsequently introduced additional work at Revision 1 of SB A300-28-6064 [dated April 3, 2007] applicable to A300-600 aeroplanes. As a result, EASA AD 2006-0325 was revised to remove A300-600 aeroplanes from the applicability, and concurrently EASA AD 2007-0233 was issued, applicable to A300-600 aeroplanes. Unfortunately, the `Applicability' section of EASA AD 2007-0233 was not correctly defined, erroneously deleting one modification in the combination that would exclude aeroplanes from having to comply. Consequently, the AD 2007-0283 was issued, requiring the same actions as AD 2007-0233, which was superseded, but expanded the group of aeroplanes to which AD 2007-0283 applied [FAA AD 2008-03-04 (73 FR 5731, January 31, 2008) corresponds with EASA AD 2007-0283]. Subsequently, an internal review of Airbus SB A300-28-6064 led the manufacturer to correct the figures of the SB. In particular, an additional check [for blue coat] of the bonding points in the centre tank was introduced in Revision 03 of Airbus SB A300-28-6064 [dated December 15, 2008], prompting EASA to issue AD 2009-0143. More recently, another internal review of Airbus SB A300-28-6064 again resulted in corrected figures in the SB. Additional work on the center tank [installing bonding points] for aeroplanes under Configuration 03 (as defined in the SB [Service Bulletin A300-28-6064, Revision 04, dated August 24, 2009]) and additional work [bonding the fuel jettison system—blanking plates] on the wing tanks for aeroplanes under Configuration 07 have been introduced in Revision 04 of Airbus SB A300-28-6064 [dated August 24, 2009]. For the reason described above, this new AD retains the requirements of EASA AD 2009-0143, which is superseded, and requires the additional work introduced in Revision 04 of Airbus SB A300-28-6064 [dated August 24, 2009]. The unsafe condition is damage to wiring in the wing, center, and trim fuel tanks, due to failed P-clips used for retaining the wiring and pipes, which could result in a possible fuel ignition source in the wing, center, or trim fuel tanks. The required actions also include checking the electrical bonding points of certain equipment in the center fuel tank for the presence of a blue coat and doing related investigative and corrective actions if necessary. The related investigative action is to measure the electrical resistance between the equipment and structure, if a blue coat is not present. The corrective action is to electrically bond the equipment, if the measured resistance is greater than 10 milliohms. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received. Request for Extension of Compliance Time UPS and FedEx requested an extension to the 8-month compliance time specified in the NPRM (76 FR 18960, dated April 6, 2011) in order to accomplish the additional actions. FedEx requested that the compliance time for the additional actions be at the latest of the 40-month compliance time specified in AD 2008-03-04, Amendment 39-15353 (73 FR 5731, January 31, 2008), any alternative methods of compliance that extend that compliance time or within 12 months after the effective date of the new AD. UPS requested that the compliance time be extended to 60 months. UPS stated that the two additional bonding points specified in the NPRM are no more unsafe than the original 264 bonding points required in AD 2008-03-04. UPS noted that it schedules tank entry checks at 60 months and that the original issue of the service information allowed for a 60-month compliance time. We agree with extending the compliance time and have determined that extending the compliance time to 30 months is appropriate. In developing an appropriate compliance time for this action, we considered the safety implications, parts availability, and normal maintenance schedules for the timely accomplishment of the modification. In consideration of these items, we have determined that a 30-month compliance time will ensure an acceptable level of safety and allow the modifications to be done during scheduled maintenance intervals for most affected operators. We have also coordinated with European Aviation Safety Agency

(EASA)on this issue. We have changed the compliance time in paragraph

(h)of this AD to “within 30 months after the effective date of this AD.” Request for Change to Cost of Compliance Work-Hours FedEx stated that they averaged 800 work-hours versus the 632 work-hours listed in the NPRM (76 FR 18960, dated April 6, 2011) to accomplish the existing modifications. FedEx also stated that 9 work-hours, as specified for the additional actions, may be adequate if done in conjunction with the other modifications; however, additional work-hours will be required for airplanes that have been previously been modified. We infer that FedEx is requesting that we increase the work-hours estimate to accomplish the existing and new modifications. We do not agree to revise the work-hours. Work-hours may vary among operators. Our estimate is based on the information provided in the relevant service information. We have not changed this AD in this regard. Request for Material Substitutions FedEx requested that we add wording to the NPRM (76 FR 18960, dated April 6, 2011) that material substitutions supplied by Airbus are approved for use and do not require an alternative method of compliance (AMOC). FedEx stated that the kits specified in Airbus Service Bulletins A300-28-6064, Revision 01, dated April 3, 2007; A300-28-6068, dated July 20, 2005; and A300-28-6077, Revision 01, dated October 26, 2006; might contain parts that are not listed in the kit description specified in the service information. We do not agree with the request to revise the AD to include wording that material substitutions are approved for use. Airbus Service Bulletins A300-28-6064, Revision 01, dated April 3, 2007; A300-28-6068, dated July 20, 2005; and A300-28-6077, Revision 01, dated October 26, 2006; contain language in the “Standard Practices” section of paragraph 3.A. “General” of the Accomplishment Instructions that specifies which alternative materials are allowed. We have not changed this AD in this regard. Request To Update Service Information to Latest Revision FedEx stated that Airbus has issued Mandatory Service Bulletin A300-28-6064, Revision 05, dated September 27, 2010, and requested that we update our references in the NPRM (76 FR 18960, dated April 6, 2011). We agree with the request and have updated the references in paragraphs (c)(1), (g)(4), and

(h)of this AD to include Airbus Mandatory Service Bulletin A300-28-6064, Revision 05, dated September 27, 2010. Airbus Mandatory Service Bulletin A300-28-6064, Revision 05, dated September 27, 2010, provides clarifications of the actions and materials but contains no substantive changes. Conclusion We reviewed the available data, including the comments received, 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 125 products of U.S. registry. The actions that are required by AD 2008-03-04 Amendment 39-15353 (73 FR 5731, January 31, 2008) and retained in this AD take about 632 work-hours per product, at an average labor rate of $85 per work-hour. Required parts cost about $6,870 per product. Based on these figures, the estimated cost of the currently required actions is $60,590 per product. We estimate that it will take about 9 work-hours per product to comply with the new basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $100 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $108,125, or $865 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. 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 (76 FR 18960, dated April 6, 2011), 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 39-15353 (73 FR 5731, January 31, 2008) and adding the following new AD: **2011-21-14 Airbus:** Amendment 39-16837. Docket No. FAA-2011-0264; Directorate Identifier 2009-NM-244-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective November 23, 2011. Affected ADs

(b)This AD supersedes AD 2008-03-04, Amendment 39-15353 (73 FR 5731, January 31, 2008). Applicability

(c)This AD applies to the airplanes identified in paragraphs (c)(1) and (c)(2) of this AD.

(1)Airbus Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes (without trim tank), all serial numbers, certificated in any category, except airplanes on which Airbus Modifications 12226, 12365, 12490, and 12308 have been incorporated in production, or on which the service bulletins listed in paragraphs (c)(1)(i) and (c)(1)(ii) of this AD have been performed in service.

(i)Airbus Mandatory Service Bulletin A300-28-6064, Revision 04, dated August 24, 2009; or Revision 05, dated September 27, 2010.

(ii)Airbus Service Bulletin A300-28-6068, dated July 20, 2005.

(2)Airbus Model A300 B4-605R, B4-622R, F4-605R, and F4-622R airplanes and A300 C4-605R Variant F airplanes (fitted with a trim tank), all serial numbers, certificated in any category, except airplanes on which Airbus Modifications 12226, 12365, 12490, 12308, 12294, and 12476 have been incorporated in production, or on which the service bulletins listed in paragraphs (c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this AD have been performed in service.

(i)Airbus Mandatory Service Bulletin A300-28-6064, Revision 03, dated December 15, 2008.

(ii)Airbus Service Bulletin A300-28-6068, dated July 20, 2005.

(iii)Airbus Service Bulletin A300-28-6077, dated July 25, 2005; or Revision 01, dated October 26, 2006. Subject

(d)Air Transport Association

(ATA)of America Code 28: Fuel. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: [T]he FAA has published SFAR 88 (Special Federal Aviation Regulation 88). * * * Under this regulation, all holders of type certificates for passenger transport aeroplanes * * * are required to conduct a design review against explosion risks. The replacement of some types of P-clips and improvement of the electrical bonding of the equipment in the fuel tanks [were] are rendered mandatory * * *. Subsequently, an internal review * * * led * * * to * * * an additional check [for blue coat] of the bonding points in the centre tank. * * * More recently, another internal review [introduced] additional work [installing bonding points] for aeroplanes under Configuration 03 * * * and additional work [bonding the fuel jettison system—blanking plates] on the wing tanks for aeroplanes under Configuration 07 * * *. The unsafe condition is damage to wiring in the wing, center, and trim fuel tanks, due to failed P-clips used for retaining the wiring and pipes, which could result in a possible fuel ignition source in the wing, center, or trim fuel tanks. 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 2008-03-04, Amendment 39-15353 (73 FR 5731, January 31, 2008) With Revised Service Information Actions and Compliance

(g)For airplanes identified in paragraphs (g)(1) and (g)(2) of this AD: Within 40 months after March 6, 2008 (the effective date of AD 2008-03-04, Amendment 39-15353 (73 FR 5731, January 31, 2008)), unless already done, do the applicable actions required by paragraphs (g)(3), (g)(4), and (g)(5) of this AD.

(1)Airbus Model A300 B4-600 series airplanes (without trim tank), all serial numbers, except airplanes on which Airbus Modifications 12226, 12365, 12490, and 12308 have been incorporated in production, or Airbus Service Bulletins A300-28-6064, Revision 01, dated April 3, 2007; and A300-28-6068, dated July 20, 2005; have been performed in service.

(2)Airbus Model A300 B4-600R, A300 C4-600R, and A300 F4-600R series airplanes (fitted with a trim tank), all serial numbers, except airplanes on which Airbus Modifications 12226, 12365, 12490, 12308, 12294, and 12476 have been incorporated in production, or on which the service bulletins listed in paragraphs (g)(2)(i), (g)(2)(ii), and (g)(2)(iii) of this AD have been performed in service.

(i)Airbus Service Bulletin A300-28-6064, Revision 01, dated April 3, 2007.

(ii)Airbus Service Bulletin A300-28-6068, dated July 20, 2005.

(iii)Airbus Service Bulletin A300-28-6077, dated July 25, 2005; or A300-28-6077, Revision 01, dated October 26, 2006.

(3)Remove NSA5516-XXND or NSA5516-XXNJ type P-clips, used in the wing and center fuel tanks to retain wiring and pipes, and replace them by NSA5516-XXNF type P-clips in accordance with the instructions of Airbus Service Bulletin A300-28-6068, dated July 20, 2005.

(4)Check the electrical bonding points in the center tank and do all applicable related investigative and corrective actions, and install additional bonding leads and electrical bonding points in the wing and center fuel tanks in accordance with the instructions of Airbus Service Bulletin A300-28-6064, Revision 01, dated April 3, 2007; Airbus Mandatory Service Bulletin A300-28-6064, Revision 02, dated March 10, 2008; Airbus Mandatory Service Bulletin A300-28-6064, Revision 03, dated December 15, 2008; Airbus Mandatory Service Bulletin A300-28-6064, Revision 04, dated August 24, 2009; or Airbus Mandatory Service Bulletin A300-28-6064, Revision 05, dated September 27, 2010. Do all applicable related investigative and corrective actions before further flight. As of the effective date of this AD, only use Airbus Mandatory Service Bulletin A300-28-6064, Revision 05, dated September 27, 2010.

(5)For airplanes fitted with a trim tank, in addition to the actions defined in paragraphs (g)(3) and (g)(4) of this AD, install bonding leads and electrical bonding points in the trim tanks, in accordance with the instructions of Airbus Service Bulletin A300-28-6077, Revision 01, dated October 26, 2006.

(6)Actions done before March 6, 2008, in accordance with Airbus Service Bulletin A300-28-6064, dated July 28, 2005, for aircraft under configuration 05, as defined in Airbus Service Bulletin A300-28-6064, dated July 28, 2005, are considered acceptable for compliance with the requirements of paragraph (g)(4) of this AD.

(7)Actions done before March 6, 2008, in accordance with Airbus Service Bulletin A300-28-6077, dated July 25, 2005, for aircraft under configuration 05, as defined in Airbus Service Bulletin A300-28-6077, dated July 25, 2005, are considered acceptable for compliance with the requirements of paragraph (g)(5) of this AD. New Requirments of This AD Additional Actions

(h)Within 30 months after the effective date of this AD, do the applicable actions required by paragraphs (h)(1), (h)(2), and (h)(3) of this AD.

(1)For airplanes that have been modified before the effective date of this AD in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-28-6064, dated July 28, 2005, or Revision 01, dated April 3, 2007; or Airbus Mandatory Service Bulletin A300-28-6064, Revision 02, dated March 10, 2008: Do the additional work on the center tank specified in Airbus Mandatory Service Bulletin A300-28-6064, Revision 03, dated December 15, 2008 ( *i.e.,* a check for blue coat at additional bonding points and all applicable related investigative and corrective actions), in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A300-28-6064, Revision 03, dated December 15, 2008; Revision 04, dated August 24, 2009; or Revision 05, dated September 27, 2010. Do all applicable related investigative and corrective actions before further flight.

(2)For configuration 03 airplanes, as defined in Airbus Mandatory Service Bulletin A300-28-6064, Revision 04, dated August 24, 2009; or Revision 05, dated September 27, 2010; that have been modified before the effective date of this AD in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-28-6064, Revision 01, dated April 3, 2007; or Airbus Mandatory Service Bulletin A300-28-6064, Revision 02, dated March 10, 2008, or Revision 03, dated December 15, 2008: Do the additional work on the center tank ( *i.e.,* install bonding points), in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A300-28-6064, Revision 04, dated August 24, 2009; or Revision 05, dated September 27, 2010.

(3)For configuration 07 airplanes, as defined in Airbus Mandatory Service Bulletin A300-28-6064, Revision 04, dated August 24, 2009; or Revision 05, dated September 27, 2010; that have been modified before the effective date of this AD in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-28-6064, dated July 28, 2005; or Revision 01, dated April 3, 2007; or Airbus Mandatory Service Bulletin A300-28-6064, Revision 02, dated March 10, 2008, or Revision 03, dated December 15, 2008: Do the additional work on the wing tanks ( *i.e.,* bond the fuel jettison system—blanking plates), in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A300-28-6064, Revision 04, dated August 24, 2009; or Revision 05, dated September 27, 2010. FAA AD Differences Note 1: This AD differs from the MCAI and/or service information as follows: The MCAI provides a compliance time of 8 months to do the actions specified in paragraph

(h)of this AD. This AD requires that the actions specified in paragraph

(h)of this AD be done within 30 months. Other FAA AD Provisions

(i)The following provisions also apply to this AD:

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, International Branch, ANM-116, 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: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2125; fax

(425)227-1149. 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. AMOCs approved previously in accordance with AD 2008-03-04, Amendment 39-15353 (73 FR 5731, January 31, 2008), are approved as AMOCs for the corresponding provisions of 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. Related Information

(j)Refer to MCAI EASA Airworthiness Directive 2010-0074, dated April 16, 2010, and the following service information, for related information.

(1)Airbus Mandatory Service Bulletin A300-28-6064, Revision 03, dated December 15, 2008.

(2)Airbus Mandatory Service Bulletin A300-28-6064, Revision 04, dated August 24, 2009.

(3)Airbus Mandatory Service Bulletin A300-28-6064, Revision 05, dated September 27, 2010.

(4)Airbus Service Bulletin A300-28-6068, dated July 20, 2005.

(5)Airbus Service Bulletin A300-28-6077, Revision 01, dated October 26, 2006. Material Incorporated by Reference

(k)You must use the following service information to do the actions required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference

(IBR)under 5 U.S.C. 552(a) and 1 CFR Part 51 of the following service information on the date specified.

(1)Airbus Mandatory Service Bulletin A300-28-6064, Revision 03, dated December 15, 2008, approved for IBR November 23, 2011.

(2)Airbus Mandatory Service Bulletin A300-28-6064, Revision 04, dated August 24, 2009, approved for IBR November 23, 2011.

(3)Airbus Mandatory Service Bulletin A300-28-6064, Revision 05, dated September 27, 2010, approved for IBR November 23, 2011.

(4)Airbus Service Bulletin A300-28-6068, dated July 20, 2005, approved for IBR on March 6, 2008 (73 FR 5731, January 31, 2008).

(5)Airbus Service Bulletin A300-28-6077, Revision 01, dated October 26, 2006, approved for IBR on March 6, 2008 (73 FR 5731, January 31, 2008).

(6)For service information identified in this AD, contact Airbus SAS—EAW (Airworthiness Office), 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.*

(7)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.

(8)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 October 3, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011-26257 Filed 10-18-11; 8:45 am]

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