Unknown. Final rule; request for comments

4,333 words·~20 min read·/register/2012/03/20/2012-6521·

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-2012-03-20.xml --- 77 54 Tuesday, March 20, 2012 Contents Administrative Administrative Conference of the United States NOTICES Meetings: Various Committees, 16203 2012-6712 Agriculture Agriculture Department See Rural Housing Service Air Force Air Force Department NOTICES Meetings: Air University Board of Visitors, 16213-16214 2012-6605 Centers Disease Centers for Disease Control and Prevention NOTICES Charter Renewals:

Advisory Committee to Director, 16232 2012-6637 Meetings: Advisory Committee on Breast Cancer in Young Women, 16232 2012-6641 Pilot Surveillance for High Impact/Low Prevalence Congenital and Inherited Conditions, FOA DD12-002, 16232 2012-6640 Coast Guard Coast Guard RULES Application for Foreign Rebuilding Determination, 16172-16174 2012-6588 Safety Zones: Recurring Events in Captain of Port New York Zone, 16170-16171 2012-6659 PROPOSED RULES Safety and Security Zones: OPSAIL 2012 Connecticut, Thames River, New London, CT, 16198-16202 2012-6489 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16204-16205 2012-6625 2012-6624 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16213 2012-6687 Defense Department Defense Department See Air Force Department Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Applications: Capricorn Pharma Inc., 16262 2012-6697 Cerilliant Corp., 16261 2012-6701 Mylan Technologies, Inc., 16261-16262 2012-6699 Importers of Controlled Substances;

Registrations: Johnson Matthey, Inc., Pharmaceutical Materials, 16262-16263 2012-6722 Manufacturers of Controlled Substances; Applications: Cayman Chemical Co., 16263 2012-6705 Cody Laboratories, Inc., 16263 2012-6721 Manufacturers of Controlled Substances; Registrations: Halo Pharmaceutical, Inc., 16264-16265 2012-6696 Johnson Matthey Inc., 16263-16264 2012-6720 Johnson Matthey Pharmaceutical Materials, Inc., 16264 2012-6703 Noramco, Inc. (GA), 16264 2012-6698 Employment and Training Employment and Training Administration RULES Labor Certification Process for Temporary Non-Agricultural Employment of H-2B Aliens in United States:

Transition Period; Guidance, 16157-16158 2012-6580 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Data Collection and Comparison with Forecasted Unit Sales of Five Lamp Types, 16183-16186 2012-6746 Environmental Protection Environmental Protection Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generator Standards Applicable to Laboratories Owned by Eligible Academic Entities, 16222-16223 2012-6671 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Boeing Co. Airplanes, 16143-16145, 16147-16151 2012-6116 2012-6118 Bombardier, Inc., 16145-16147 2012-6439 Bombardier, Inc. Airplanes, 16151-16155 2012-6117 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Airplanes, 16155-16157 2012-6447 Eurocopter France Model Helicopters, 16137-16139 2012-5622 Mooney Aviation Co., Inc. (Mooney) Airplanes, 16135-16137 2012-6521 Pratt and Whitney

(PW)Turbofan Engines, 16139-16143 2012-6500 PROPOSED RULES Airworthiness Directives: Boeing Co. Airplanes, 16188-16191 2012-6628 Bombardier Inc. Airplanes, 16191-16193 2012-6626 Bombardier, Inc. Airplanes, 16193-16196 2012-6622 Dassault Aviation Airplanes, 16186-16188 2012-6627 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16214-16216 2012-6645 2012-6649 Applications: LockPlus Hydro Friends Fund XLVI, LLC, 16216-16217 2012-6648 LockPlus Hydro Friends Fund XXXIX, LLC, 16217 2012-6644 Combined Filings, 16217-16218 2012-6633 2012-6634 Petitions for Declaratory Orders: PJM Interconnection, LLC, 16218-16219 2012-6650 Preliminary Permit Applications: Cortez Pumped Storage Project, 16219 2012-6630 Mayville Pumped Storage, LLC, 16219-16220 2012-6631 Spartanburg Water System, 16220 2012-6632 Staff Attendance, 16221 2012-6629 2012-6646 2012-6647 Federal Highway Federal Highway Administration NOTICES Environmental Assessments; Availability, etc.: Jessamine County and Madison County, KY, 16318-16319 2012-6651 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 16223 2012-6636 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 16223-16224 2012-6635 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 16224 2012-6808 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreements: Billion Auto, Inc., 16224-16225 2012-6727 Frank Myers AutoMaxx, LLC, 16227-16228 2012-6736 Key Hyundai of Manchester, LLC, 16228-16229 2012-6732 Ramey Motors, Inc., 16225-16227 2012-6733 Financial Crimes Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Anti-Money Laundering Programs for Various Financial Institutions, 16319-16321 2012-6478 Fiscal Fiscal Service RULES United States Savings Bonds and Notes; Payments, 16165-16170 2012-6351 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Listing and Designation of Critical Habitat for the Chiricahua Leopard Frog, 16324-16424 2012-5953 NOTICES Endangered and Threatened Wildlife and Plants: Recovery Permit Applications, 16252-16255 2012-6535 2012-6656 Endangered Species Permits; Applications, 16255-16256 2012-6643 Meetings: Aquatic Nuisance Species Task Force, 16256 2012-6660 Food and Drug Food and Drug Administration RULES Current Good Manufacturing Practice in Manufacturing, Processing, Packing, or Holding of Drugs: Revision of Certain Labeling Controls, 16158-16163 2012-6502 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Guidance for Industry on Formal Dispute Resolution; Appeals Above Division Level, 16237-16239 2012-6690 Guidance for Industry on Formal Meetings with Sponsors and Applicants for Prescription Drug User Fee Act Products, 16235-16237 2012-6691 Postmarketing Adverse Drug Experience Reporting, 16232-16234 2012-6692 Requirements on Content and Format of Labeling for Human Prescription Drug and Biological Products, 16234-16235 2012-6693 Meetings: Medical Device User Fee Act, 16239-16244 2012-6707 Foreign Assets Foreign Assets Control Office RULES Iranian Transactions Regulations, 16170 2012-6606 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES 2012 Assistant Secretary for Preparedness and Response Challenges: Now Trending - Health in My Community; Requirements and Registration, 16229-16232 2012-6608 Health Resources Health Resources and Services Administration NOTICES Scholarships for Disadvantaged Students Program; Update, 16244-16246 2012-6658 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of Native American Programs Training and Technical Assistance Funding Availability, 16250-16251 2012-6675 Funding Awards: HOPE VI Revitalization Grant Program, Fiscal Year 2010, 16251-16252 2012-6673 Industry Industry and Security Bureau NOTICES National Defense Stockpile Market Impact Committee Request for Public Comments: Potential Market Impact of Proposed Supplement to FY 2012 Annual Materials Plan, 16205-16207 2012-6668 Reportings for Calendar Year 2011: Offsets Agreements Related to Sales of Defense Articles or Defense Services to Foreign Countries or Foreign Firms, 16207 2012-6672 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Ocean Energy Management Bureau See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping Duty Orders; Final Results of Expedited Third Sunset Reviews: Stainless Steel Bar from Brazil, India, Japan, and Spain, 16207-16208 2012-6739 International Trade Com International Trade Commission NOTICES Meetings; Sunshine Act, 16260-16261 2012-6809 2012-6810 Justice Department Justice Department See Drug Enforcement Administration RULES Nondiscrimination on Basis of Disability by Public Accommodations and in Commercial Facilities: Swimming Pools, 16163-16165 2012-6748 PROPOSED RULES Implementing Titles II and III of Americans with Disabilities Act: Delaying Compliance Date for Certain Requirements, 16196-16198 2012-6747 Labor Department Labor Department See Employment and Training Administration See Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Job Openings and Labor Turnover Survey, 16265-16266 2012-6711 Permit-Required Confined Spaces Standard, 16265 2012-6678 Land Land Management Bureau NOTICES Alaska Native Claims Selection: Decision Approving Lands for Conveyance, 16256-16257 2012-6695 Meetings: John Day-Snake Resource Advisory Council, 16257-16258 2012-6639 Northeastern Great Basin Resource Advisory Council, Nevada, 16257 2012-6638 National Credit National Credit Union Administration NOTICES Funding Opportunities: Community Development Revolving Loan Fund Access for Credit Unions, 16267-16270 2012-6610 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 16246-16248 2012-6726 2012-6731 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 16247 2012-6718 National Heart, Lung, and Blood Institute, 16246 2012-6714 National Institute of Allergy and Infectious Diseases, 16247 2012-6716 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 16246 2012-6710 National Institute of General Medical Sciences, 16248 2012-6723 National Institute of Mental Health, 16249 2012-6717 National Institute on Alcohol Abuse and Alcoholism, 16246 2012-6706 Office of AIDS Research Advisory Council, 16248-16249 2012-6719 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Permitting, Vessel Identification, and Reporting Requirements for Pelagic Squid Jig Fishery in Western Pacific Region, 16209-16210 2012-6680 Tilefish Individual Fishing Quota Program, 16209-16211 2012-6623 2012-6681 Meetings: New England Fishery Management Council, 16211 2012-6677 Requests for Applications; Availability of Seats: Channel Islands National Marine Sanctuary Advisory Council, 16212 2012-6537 Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Advisory Council, 16211-16212 2012-6538 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Station Blackout, 16175-16183 2012-6665 NOTICES Draft Guidance; Availability: Updated Aging Management Criteria for Reactor Vessel Internal Components of Pressurized Water Reactors, 16270-16271 2012-6694 Facility Operating Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 16271-16278 2012-6261 License Renewal Applications: Entergy Nuclear Operations, Inc.; Indian Point Nuclear Generating Units 2 and 3, 16278 2012-6666 Meetings: Advisory Committee on Reactor Safeguards, 16278-16280 2012-6667 Meetings; Sunshine Act, 16280 2012-6796 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed Outer Continental Shelf Gulf of Mexico Eastern Planning Area Oil and Gas Lease Sales 225 and 226, 16258-16259 2012-6724 Presidential Documents Presidential Documents EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.: Strong Cities, Strong Communities, White House Council on; Establishment (EO 13602), 16131-16134 2012-6797 Public Debt Public Debt Bureau See Fiscal Service Rural Housing Service Rural Housing Service NOTICES Meetings: Section 538 Guaranteed Rural Rental Housing Program 2012 Industry Forums, 16203-16204 2012-6607 Securities Securities and Exchange Commission NOTICES Applications: Capital Research and Management Co., et al., 16280-16281 2012-6613 Columbia Funds Master Investment Trust, LLC, et al., 16282-16283 2012-6612 Meetings; Sunshine Act, 16283 2012-6766 Self-Regulatory Organizations; Proposed Rule Changes: International Securities Exchange, LLC, 16287-16288, 16290-16298, 16304-16307, 16311-16313 2012-6614 2012-6615 2012-6619 2012-6620 2012-6621 NASDAQ OMX BX, Inc., 16288-16290 2012-6617 NASDAQ OMX PHLX LLC, 16283-16287, 16307-16309 2012-6582 2012-6618 NASDAQ Stock Market LLC, 16309-16311 2012-6616 New York Stock Exchange LLC, 16298-16302 2012-6709 NYSE Amex LLC, 16302-16304 2012-6708 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16313 2012-6702 Disaster Declarations: Alaska, 16314 2012-6669 Kansas, 16314-16315 2012-6683 North Carolina, 16313-16314 2012-6682 Ohio, 16315 2012-6684 Major Disaster Declarations: Indiana, 16315-16316 2012-6670 Kentucky; Amendment 1, 16316 2012-6686 Kentucky; Amendment 2, 16316 2012-6688 Kentucky; Amendment 3, 16315 2012-6700 State Department State Department NOTICES Meetings: Shipping Coordinating Committee, 16316-16317 2012-6737 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16259-16260 2012-6654 2012-6655 Surface Transportation Surface Transportation Board NOTICES Amtrak's Petition for Determination of PRIIA Section 209 Cost Methodology, 16319 2012-6604 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 16317-16318 2012-6704 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board Treasury Treasury Department See Financial Crimes Enforcement Network See Fiscal Service See Foreign Assets Control Office Customs U.S. Customs and Border Protection NOTICES Cancellations of Customs Broker Licenses, 16249 2012-6657 Customs Broker Licenses: Cancellations Due to Death of License Holders, 16249-16250 2012-6652 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Division of Longshore and Harbor Workers' Compensation, 16266-16267 2012-6602 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 16324-16424 2012-5953 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. 77 54 Tuesday, March 20, 2012 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2012-0275; Directorate Identifier 2012-CE-009-AD; Amendment 39-16981; AD 2012-05-09] RIN 2120-AA64 Airworthiness Directives; Mooney Aviation Company, Inc. (Mooney) Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: We are issuing an airworthiness directive

(AD)for all Mooney Aviation Company, Inc. (Mooney) Models M20B, M20C, M20D, M20E, M20F, M20G, M20J, M20K, M20L, M20M, M20R, M20S, and M20TN airplanes that supersedes an existing AD that is applicable to certain Model M20R and M20TN airplanes. The existing AD currently requires inspecting the tail pitch trim assembly for correct positioning and proper attachment and inspecting the Huck Bolt fasteners for proper security with repair as necessary for certain Models M20R and M20TN. That AD also requires sending the inspection results to the FAA and Mooney. This AD retains all of the actions, except the reporting requirement from the previous AD and adds airplane models to the applicability. This AD was prompted by a report of an incident on a Mooney Model M20TN airplane regarding failure of the tail pitch trim assembly, which could result in loss of control. We are issuing this AD to correct the unsafe condition on these products. DATES: This AD is effective March 20, 2012. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of March 20, 2012. We must receive any comments on this AD by May 4, 2012. 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 W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Mooney Aviation Company, Inc., 165 Al Mooney Road North, Kerrville, Texas 78028; telephone:

(830)896-6000; email: *technicalsupport@mooney.com; Internet: www.mooney.com.* You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call

(816)329-4148. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility 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 Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Andrew McAnaul, Aerospace Engineer, ASW-150 (c/o MIDO-43), 10100 Reunion Place, Suite 650, San Antonio, Texas 78216; telephone:

(210)308-3365; facsimile:

(210)308-3370; email: *andrew.mcanaul@faa.gov.* SUPPLEMENTARY INFORMATION: Discussion On February 16, 2012, we issued AD 2012-03-52, amendment 39-16958 (77 FR 12179, February 29, 2012), for certain Mooney Aviation Company, Inc. (Mooney) Models M20R and M20TN airplanes. That AD requires inspecting the tail pitch trim assembly for correct positioning and proper attachment and inspecting the Huck Bolt fasteners for proper security with repair as necessary. That AD also requires sending the inspection results to the FAA and Mooney. That AD resulted from a report of an incident on a Mooney Model M20TN airplane regarding failure of the tail pitch trim assembly, which could result in loss of control. We issued that AD to detect incorrect positioning and improper attachment of the trim fitting, hinge, and filler plate of the tail pitch trim assembly and to verify security of the attaching Huck Bolt fasteners, which could lead to failure of the tail pitch trim assembly with consequent loss of pitch control. Actions Since AD Was Issued Since we issued AD 2012-03-52 (77 FR 12179, February 29, 2012), we received a report from an owner/operator of a Model M20J airplane who had the airplane inspected and found the same unsafe condition. Since the Models M20B, M20C, M20D, M20E, M20F, M20G, M20J, M20K, M20L, M20M, and M20S airplanes have the same type design as the Models M20R and M20TN airplanes, we determined that these airplanes should be added to the applicability of the AD to ensure that the unsafe condition is addressed on all airplanes of the type design. Also, Mooney published new service information that includes the expanded airplane applicability and instructions for installing replacement fasteners, if necessary. Relevant Service Information We reviewed Mooney Aviation Company, Inc. Service Bulletin No. M20-313A, dated February 29, 2012; and Service Bulletin No. M20-314A, dated February 29, 2012. The service information describes procedures for inspecting the tail pitch trim assembly for correct positioning and proper attachment, inspecting the Huck Bolt fasteners for proper security, and installing replacement fasteners, if necessary. FAA's Determination We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. AD Requirements This AD requires inspecting the trim fitting, hinge, and filler plate of the tail pitch trim assembly for correct positioning and proper attachment, and inspecting the Huck Bolt fasteners for proper security on all Mooney Models M20B, M20C, M20D, M20E, M20F, M20G, M20J, M20K, M20L, M20M, M20R, M20S, and M20TN airplanes. If incorrect positioning or improper/loose attachment is found, this AD requires installing replacement parts and fasteners. These are the same actions currently required by AD 2012-03-52 for certain Mooney Models M20R and M20TN airplanes, except the reporting requirement is no longer required. FAA's Justification and 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 the tail pitch trim assembly could result in loss of control. Therefore, we find that notice and opportunity for prior public comment are impracticable and that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments before it becomes effective. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2012-0275 and directorate identifier 2012-CE-009-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. Costs of Compliance We estimate that this AD affects 6,630 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspection of the trim fitting, hinge, and filler plate of the tail pitch trim assembly, and security of the Huck Bolt fasteners 1 work-hour × $85 per hour = $85 Not applicable $85 $563,550 We estimate the following costs to do any necessary replacement of the parts and Huck Bolt fasteners that will be required based on the results of the inspection. We have no way of determining the number of aircraft that might need this repair: On-Condition Costs Action Labor cost Parts cost Cost per product Installation of replacement parts and fasteners, including repair of an incorrectly positioned and/or improperly attached tail pitch trim assembly 16 work-hours × $85 per hour = $1,360 $302 $1,662 According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate. 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 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 that this AD:*

(1)Is not a “significant regulatory action” under Executive Order 12866,

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

(3)Will not affect intrastate aviation in Alaska, and

(4)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. 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 part 39 of the Federal Aviation Regulations (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 airworthiness directive

(AD)2012-03-52, Amendment 39-16958 (77 FR 12179, February 29, 2012) and adding the following new AD: **2012-05-09 Mooney Aviation Company, Inc. (Mooney):** Amendment 39-16981; Docket No. FAA-2012-0275; Directorate Identifier 2012-CE-009-AD.

(a)Effective Date This AD is effective March 20, 2012.

(b)Affected ADs This AD supersedes AD 2012-03-52, Amendment 39-16958 (77 FR 12179, February 29, 2012).

(c)Applicability This AD applies to Mooney Aviation Company, Inc. (Mooney) Models M20B, M20C, M20D, M20E, M20F, M20G, M20J, M20K, M20L, M20M, M20R, M20S, and M20TN airplanes, all serial numbers, certificated in any category.

(d)Subject Joint Aircraft System Component (JASC)/Air Transport Association

(ATA)of America Code 55; Stabilizers.

(e)Unsafe Condition This AD was prompted by a report of an incident on a Mooney Model M20TN airplane regarding failure of the tail pitch trim assembly and the potential for this condition to exist on other airplane models, which could result in loss of control. We are issuing this AD to correct the unsafe condition on these products.

(f)Compliance Comply with this AD within the compliance times specified, unless already done.

(g)Inspection Within the next 10 hours time-in-service March 20, 2012 (after the effective date of this AD), inspect the trim fitting, hinge, and filler plate of the tail pitch trim assembly for correct positioning and proper attachment; and also inspect that the Huck Bolt fasteners are properly secured following Mooney Aviation Company, Inc. Service Bulletin No. M20-313A, dated February 29, 2012.

(h)Corrective Action If during the inspection required in paragraph

(g)of this AD you find incorrect positioning or improper attachment of the trim fitting, hinge, and filler plate of the tail pitch trim assembly; and/or you find loose or improperly installed Huck Bolt fasteners, before further flight, repair and correct the discrepancies following Mooney Aviation Company, Inc. Service Bulletin No. M20-314A, dated February 29, 2012.

(i)Credit for Actions Accomplished in Accordance With Previous Service Information

(1)This paragraph provides credit for inspections required in paragraph

(g)of this AD if already done before March 20, 2012 (the effective date of this AD) following Mooney Aviation Company, Inc. Service Bulletin No. M20-313, dated February 7, 2012.

(2)This paragraph provides credit for repairs required in paragraph

(h)of this AD if already done before March 20, 2012 (the effective date of this AD) following Mooney Aviation Company, Inc. Service Bulletin No. M20-314, dated February 10, 2012.

(j)Special Flight Permit Special flight permits are prohibited for this AD.

(k)Alternative Methods of Compliance (AMOCs)

(1)The Manager, Fort Worth ACO, 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 manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD.

(2)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.

(l)Related Information For more information about this AD, contact Andrew McAnaul, Aerospace Engineer, ASW-150 (c/o MIDO-43), 10100 Reunion Place, Suite 650, San Antonio, Texas 78216; telephone:

(210)308-3365; facsimile:

(210)308-3370; email: *andrew.mcanaul@faa.gov.*

(m)Material Incorporated by Reference

(1)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:

(i)Mooney Aviation Company, Inc. Service Bulletin No. M20-313A, dated February 29, 2012; and

(ii)Mooney Aviation Company, Inc. Service Bulletin No. M20-314A, dated February 29, 2012.

(2)For service information identified in this AD, contact Mooney Aviation Company, Inc., 165 Al Mooney Road North, Kerrville, Texas 78028; telephone:

(830)896-6000; email: *technicalsupport@mooney.com;* Internet: *www.mooney.com.*

(3)You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call

(816)329-4148.

(4)You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr_locations.html.* Issued in Kansas City, Missouri, on March 13, 2012. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012-6521 Filed 3-19-12; 8:45 am]

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