Unknown. Final rule; request for comments

5,098 words·~23 min read·/register/2012/03/30/2012-7374·

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-2012-03-30.xml --- 77 62 Friday, March 30, 2012 Contents Agriculture Agriculture Department See Forest Service 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 NOTICES Renewals of Deeming Authority: Accreditation Association for Ambulatory Health Care, Inc. for Medicare Advantage Health Maintenance Organizations, etc., 19290-19292 2012-7701 Utilization Review Accreditation Commission for Medicare Advantage Health Maintenance Organizations, etc., 19288-19290 2012-7699 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Protection and Advocacy Voting Access Annual Report, 19292 2012-7708 Coast Guard Coast Guard RULES Security Zones: USCGC STRATTON Commissioning Ceremony, Alameda, CA, 19095-19098 2012-7624 NOTICES Charter Renewals: Prince William Sound Regional Citizens' Advisory Council , 19301-19302 2012-7625 Meetings: Navigation Safety Advisory Council, 19302-19303 2012-7627 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 19177-19178 2012-7641 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions, 19262-19263 2012-7692 Procurement List; Proposed Deletions, 19263 2012-7691 Comptroller Comptroller of the Currency NOTICES Proposed Guidance on Leveraged Lending, 19417-19424 2012-7620 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 19263 2012-7815 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 19263-19264 2012-7689 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement; Technical Amendment, 19128 2012-7439 Defense Federal Acquisition Regulation Supplements: Inflation Adjustment of Threshold for Acquisition of Right-Hand Drive Passenger Sedans, 19127-19128 2012-7493 New Threshold for Peer Reviews of Noncompetitive Contracts, 19126 2012-7557 Repeal of Case-by-Case Reporting, 19132 2012-7555 Separation of Combined Provisions and Clauses, 19128-19131 2012-7559 Defense Department Defense Department See Defense Acquisition Regulations System RULES Privacy Act;

Implementation; Correction, 19095 2012-7596 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Progress Payments, 19287-19288 2012-7655 Charter Renewals: Air University Board of Visitors, 19264-19265 2012-7616 Meetings: National Defense University Board of Visitors, 19265-19266 2012-7653 Privacy Act; Systems of Records, 19266-19267 2012-7615 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration NOTICES Decisions and Orders:

Daniel B. Brubaker, D.O., 19322-19338 2012-7619 Economic Development Economic Development Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Comprehensive Economic Development Strategy, 19178-19179 2012-7647 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Study of Promising Features of Teacher Preparation Programs; Phase 1—Recruitment, 19267 2012-7733 Applications for New Awards:

Alaska Native and Native Hawaiian-Serving Institutions Program, 19267-19273 2012-7716 Meetings: National Advisory Committee on Institutional Quality and Integrity, 19273-19275 2012-7725 Employee Benefits Employee Benefits Security Administration NOTICES Amendments to Proposed Exemptions: Sammons Enterprises, Inc. Employee Stock Ownership Plan, 19338-19340 2012-7703 Grants of Individual Exemptions: Certain Prohibited Transaction Restrictions, 19340-19345 2012-7705 Proposed Exemptions from Certain Prohibited Transaction Restrictions, 19345-19357 2012-7706 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 19275-19277 2012-7663 2012-7666 Grants of Authority to Import and Export Natural Gas and Liquefied Natural Gas: Freeport LNG Expansion, L.P. and FLNG Liquefaction, LLC, et al., 19277-19278 2012-7670 Meetings: Nuclear Fuel Cycle Options, 19278 2012-7664 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans: Kentucky; Regional Haze State Implementation Plan, 19098-19109 2012-7575 Exemptions from the Requirements of Tolerances:

Bacillus pumilus strain GHA 180, 19109-19112 2012-7490 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipt, 19281-19282 2012-7690 National Pollutant Discharge Elimination System General Permits: Discharges from the Oil and Gas Extraction Point Source Category to Coastal Waters; Texas, 19282-19284 2012-7686 Proposed CERCLA Administrative Settlements: George L. Gomez and Patricia A. Gomez, 19284 2012-7682 Equal Equal Employment Opportunity Commission RULES Disparate Impact and Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act, 19080-19095 2012-5896 Executive Office of the President See Management and Budget Office Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Airplanes, 19059-19061, 19065-19069, 19071-19074 2012-7004 2012-7007 2012-7008 2012-7374 Dassault Aviation Airplanes, 19074-19076 2012-7372 DG Flugzeugbau GmbH Gliders, 19063-19065 2012-7002 Goodrich Evacuation Systems Approved Under Technical Standard Order TSO-C69b and Installed on Airbus Airplanes, 19069-19071 2012-7409 Pilatus Aircraft Ltd. Airplanes, 19061-19063 2012-6999 Establishment of Class E Airspace: Marion, AL, 19076 2012-6841 High Density Traffic Airports:

Determination Regarding Low Demand Periods at Ronald Reagan Washington National Airport, 19076-19077 2012-7742 PROPOSED RULES Special Conditions: Airbus, A350-900 Series Airplane; Crew Rest Compartments, 19148-19153 2012-7732 NOTICES Airport Improvement Program Primary, Cargo, and Nonprimary Entitlement Funds for Fiscal Year 2012: Deadline for Notification of Intent to Use Funds, 19408-19409 2012-7734 Environmental Assessments; Availability, etc.: Dual Track Airport Project; Brookings Regional Airport in Brookings, SD, 19409-19410 2012-7741 Schedule Information Submission Deadlines:

Winter 2012-2013 Season; O'Hare International Airport, et al., 19410 2012-7724 Federal Communications Federal Communications Commission RULES Closed Captioning of Internet Protocol-Delivered Video Programming: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, 19480-19520 2012-7247 Lifeline and Link Up Reform and Modernization, Advancing Broadband Availability Through Digital Literacy Training, 19125 2012-7747 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 19284-19287 2012-7601 Federal Deposit Federal Deposit Insurance Corporation NOTICES Proposed Guidance on Leveraged Lending, 19417-19424 2012-7620 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 19112-19125 2012-7688 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Community Disaster Loan Program, 19303 2012-7697 Major Disaster Declarations:

Indiana; Amendment No. 1, 19303-19304 2012-7694 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Leaf River Energy Center LLC, 19278-19279 2012-7644 Petitions for Declaratory Orders: Northern Indiana Public Service Co., 19279 2012-7645 Preliminary Permit Applications: Long Canyon Pumped Storage Project, 19279-19280 2012-7642 Technical Conferences: Increasing Real-Time and Day-Ahead Market Efficiency Through Improved Software, 19280-19281 2012-7643 Federal Highway Federal Highway Administration NOTICES Buy America Waivers, 19410-19411 2012-7731 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 19411-19414 2012-7611 2012-7614 2012-7617 2012-7618 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 19287 2012-7673 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 19287 2012-7674 Proposed Guidance on Leveraged Lending, 19417-19424 2012-7620 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Benton Lake National Wildlife Refuge Complex, Great Falls, MT, 19309-19311 2012-7667 Permit Applications: Endangered Species, 19311-19312 2012-7668 Permits: Endangered Species;

Marine Mammals, 19313 2012-7669 Food and Drug Food and Drug Administration NOTICES Meetings: Orthopaedic and Rehabilitation Devices Panel of the Medical Devices Advisory Committee, 19293-19294 2012-7767 Foreign Trade Foreign-Trade Zones Board NOTICES Approvals of Temporary/Interim Manufacturing Authority: CNH America, LLC, 19179 2012-7598 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Beaverhead-Deerlodge National Forest, Jefferson Ranger District, MT, Boulder River Salvage and Vegetation Management Project, 19177 2012-7685 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Progress Payments, 19287-19288 2012-7655 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 Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Meetings: National Advisory Council on Migrant Health, 19294-19295 2012-7613 Privacy Act;

Systems of Records, 19295-19299 2012-7612 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection NOTICES Meetings: National Infrastructure Advisory Council, 19300-19301 2012-7695 Housing Housing and Urban Development Department PROPOSED RULES Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated Rulemaking Committee Meeting, 19154 2012-7730 NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 19304-19305 2012-7317 Funding Awards:

Office of Healthy Homes and Lead Hazard Control Grant Programs for Fiscal Year 2010, 19305-19306 2012-7735 Office of Healthy Homes and Lead Hazard Control Grant Programs for Fiscal Year 2011, 19306-19307 2012-7722 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19313-19315 2012-7683 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reindeer in Alaska, 19315 2012-7680 Final Determination Against Federal Acknowledgment of the Central Band of Cherokee, 19315-19317 2012-7646 Industry Industry and Security Bureau NOTICES Meetings:

Emerging Technology and Research Advisory Committee, 19179 2012-7720 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Ocean Energy Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: DOI Programmatic Clearance for Customer Satisfaction Surveys, 19307-19309 2012-7665 Internal Revenue Internal Revenue Service RULES Estate Tax; Estates of Decedents Dying After August 16, 1954;

CFR Correction, 19080 2012-7819 PROPOSED RULES Allocation and Apportionment of Interest Expense; Hearing Cancellation, 19154-19155 2012-7609 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.:, 19179-19190 2012-7723 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Steel Nails from the People's Republic of China, 19190-19191 2012-7743 Steel Wire Garment Hangers from the People's Republic of China, 19191-19192 2012-7740 Countervailing Duty Determinations;

Results, Extensions, Amendments, etc.: Circular Welded Carbon-Quality Steel Pipe from India, 19192-19211 2012-7726 Preliminary Affirmative Countervailing Duty Determinations, etc.: Circular Welded Carbon-Quality Steel Pipe from the Socialist Republic of Vietnam, 19211-19219 2012-7748 Preliminary Negative Countervailing Duty Determinations, etc.: Circular Welded Carbon-Quality Steel Pipe from the United Arab Emirates, 19219-19224 2012-7746 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Employee Benefits Security Administration See Workers Compensation Programs Office Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: National Petroleum Reserve-Alaska; Public Subsistence-Related Hearings, 19318-19319 2012-7547 Record of Decision for Upper Las Vegas Wash Conservation Transfer Area, Las Vegas, NV, 19317-19318 2012-7546 Meetings: Northwest Colorado Resource Advisory Council, 19319-19320 2012-7687 Management Management and Budget Office NOTICES Federal Participation in Development and Use of Voluntary Consensus Standards, etc., 19357-19360 2012-7602 Millenium Millennium Challenge Corporation NOTICES Report on Countries That Are Candidates for Millennium Challenge Account Eligibility, etc., 19360-19361 2012-7607 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Progress Payments, 19287-19288 2012-7655 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standards: Bus Emergency Exits and Window Retention and Release, 19132-19138 2012-7626 PROPOSED RULES Federal Motor Vehicle Safety Standards: Seat Belt Assembly Anchorages, 19155-19164 2012-7623 National Institute National Institute of Standards and Technology NOTICES Meetings: Advisory Committee on Earthquake Hazards Reduction, 19224-19225 2012-7480 National Institute National Institutes of Health NOTICES Government-Owned Inventions;

Availability for Licensing, 19299-19300 2012-7709 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area, 19147 2012-7583 Pacific Cod for American Fisheries Act Catcher/Processors Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area, 19144-19145 2012-7711 Pollock in the West Yakutat District in the Gulf of Alaska, 19145-19146 2012-7577 Shallow-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska, 19146 2012-7581 Fisheries of the Northeastern U.S.:

Northeast Multispecies Fishery Management Plan, Secretarial Amendment, 19138-19144 2012-7710 PROPOSED RULES Atlantic Highly Migratory Species: 2006 Consolidated Highly Migratory Species Fishery Management Plan; Amendment 4, 19164-19165 2012-7713 2012 Atlantic Bluefin Tuna Quota Specifications, 19175-19176 2012-7578 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 20A, 19165-19169 2012-7604 Snapper-Grouper Fishery Off the Southern Atlantic States;

Amendment 24, 19169-19175 2012-7721 NOTICES Fishery Conservation Plan and Research Permits for the Washington State Department of Fish and Wildlife; Availability, 19225-19226 2012-7599 Identification of Nations Whose Fishing Vessels are Engaged in Illegal, Unreported, or Unregulated Fishing, 19226-19227 2012-7718 Meetings: Gulf of Mexico Fishery Management Council, 19227-19228 2012-7659 New England Fishery Management Council, 19228-19229, 19231 2012-7658 2012-7661 South Atlantic Fishery Management Council, 19229-19230 2012-7662 Western Pacific Fishery Management Council, 19230-19231 2012-7660 Takes of Marine Mammals Incidental to Specified Activities:

Low-Energy Marine Geophysical Survey in the Central Pacific Ocean, May through June, 2012, 19242-19262 2012-7717 Navy Training Conducted at the Silver Strand Training Complex, San Diego Bay, 19231-19242 2012-7593 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Harpers Ferry National Historical Park, 19320-19321 2012-7744 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19361-19362 2012-7651 Meetings:

Proposal Review Panel for Materials Research, 19362 2012-7637 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: Reed College Research Reactor, 19362-19366 2012-7675 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Geological and Geophysical Exploration on the Atlantic Outer Continental Shelf, 19321 2012-7693 Office of Management and Budget See Management and Budget Office Personnel Personnel Management Office NOTICES Excepted Service;

Consolidated Listing of Schedules A, B, and C, 19366-19391 2012-7745 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Leak and Valve Studies Mandated by the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, 19414-19416 2012-7729 Postal Service Postal Service NOTICES Proposed Intelligent Mail Indicia Performance Criteria, 19391 2012-7359 Public Debt Public Debt Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19424-19425 2012-7603 Securities Securities and Exchange Commission RULES Adoption of Updated EDGAR Filer Manual, 19077-19079 2012-7608 NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Mercantile Exchange, Inc., 19393-19394 2012-7707 EDGA Exchange, Inc., 19391-19393 2012-7631 EDGX Exchange, Inc., 19400-19401 2012-7630 International Securities Exchange, LLC, 19399-19400 2012-7632 NASDAQ Stock Market LLC, 19428-19454 2012-7516 New York Stock Exchange LLC, 19396-19397 2012-7634 NYSE Amex LLC, 19394-19396 2012-7635 NYSE Arca, Inc., 19401-19405 2012-7629 19397-19399 2012-7633 Small Business Small Business Administration NOTICES Disaster Declarations:

Indiana, 19405 2012-7650 Kentucky; Amendment 1, 19405 2012-7654 West Virginia, 19405-19406 2012-7652 Social Social Security Administration RULES Removal of Regulations on Black Lung Benefits, 19079 2012-7672 PROPOSED RULES Nonpayment of Benefits to Fugitive Felons and Probation or Parole Violators; Withdrawal, 19153-19154 2012-7684 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19406-19408 2012-7712 Reinstatment of Index; Correction, 19408 2012-7702 State Department State Department NOTICES Meetings:

FY 2013 U.S. Refugee Admissions Program, 19408 2012-7700 Surface Transportation Surface Transportation Board NOTICES Operation Exemptions: Affton Terminal Railroad Co. from Affton Trucking Co., 19417 2012-7696 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Meetings:

Dynamic Mobility Applications and Data Capture Management Programs, 19408 2012-7656 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Public Debt Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19417 2012-7792 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Guam-CNMI Visa Waiver Information, 19304 2012-7622 Veteran Affairs Veterans Affairs Department NOTICES Prescription Drugs Not Administered During Treatment;

Update to Administrative Cost for Calendar Year 2012, 19425-19426 2012-7621 Workers' Workers Compensation Programs Office PROPOSED RULES Byrd Amendments to the Black Lung Benefits Act: Determining Coal Miners' and Survivors' Entitlement to Benefits, 19456-19478 2012-7335 Separate Parts In This Issue Part II Securities and Exchange Commission, 19428-19454 2012-7516 Part III Labor Department, Workers Compensation Programs Office, 19456-19478 2012-7335 Part IV Federal Communications Commission, 19480-19520 2012-7247 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 62 Friday, March 30, 2012 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2012-0297; Directorate Identifier 2011-NM-093-AD; Amendment 39-17003; AD 2012-06-22] RIN 2120-AA64 Airworthiness Directives;

Airbus Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive

(AD)for all Airbus Model A340-500 and Model -600 series airplanes. This AD requires performing repetitive high frequency eddy current inspections of the external radius on upper horizontal cruciform fitting at frame

(FR)47 on the left- and right-hand sides for cracks, and repairing the cracks if necessary. This AD was prompted by reports that during fatigue testing, damages occurred in the external radius on the upper horizontal cruciform fitting at FR47 on the left- and right-hand sides. We are issuing this AD to detect and correct fatigue cracking, which could adversely affect the structural integrity of the airplane. DATES: This AD becomes effective April 16, 2012. The Director of the Federal Register approved the incorporation by reference of the service information listed in the AD as of April 16, 2012. We must receive comments on this AD by May 14, 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone

(425)227-1138; fax

(425)227-1149. 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 2011-0075, dated April 29, 2011 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: During the A340-600 EF2 fatigue test, damages occurred in external radius on upper horizontal cruciform in rear corner at FR47 respectively on Right-Hand-(RH) side and on Left-Hand-(LH) side. These damages were detected after tear down inspections using High Frequency Eddy Current method. This condition, if not corrected, could impair the structural integrity of the aeroplane. For the reasons described above, this [EASA] AD requires to perform repetitive Special Detailed Inspections for early detection of cracks on upper horizontal cruciform fitting at FR47 on LH and RH sides, and the accomplishment of corrective actions [repair], as applicable. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Airbus has issued Mandatory Service Bulletin A340-57-5029, including Appendices 01 and 02, dated February 25, 2011. For the initial inspection, the compliance time ranges between 4,450 total flight cycles or 35,600 total flight hours and 9,750 total flight cycles or 63,600 total flight hours, whichever occurs first, depending on airplane configuration. For the repetitive intervals, the compliance time ranges between 2,350 flight cycles or 19,000 flight hours, whichever occurs first; and 6,050 flight cycles or 46,200 flight hours, whichever occurs first, depending on airplane configuration. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. There are no products of this type currently registered in the United States. However, this rule is necessary to ensure that the described unsafe condition is addressed if any of these products are placed on the U.S. Register in the future. FAA's Determination of the Effective Date Since there are currently no domestic operators of this product, notice and opportunity for public comment before issuing this AD are unnecessary. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2012-0297; Directorate Identifier 2011-NM-093-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that 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); 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. 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: **2012-06-22 Airbus:** Amendment 39-17003. Docket No. FAA-2012-0297; Directorate Identifier 2011-NM-093-AD.

(a)Effective Date This airworthiness directive

(AD)becomes effective April 16, 2012.

(b)Affected ADs None.

(c)Applicability This AD applies to Airbus Model A340-541 and -642 airplanes, certificated in any category, all manufacturer serial numbers.

(d)Subject Air Transport Association

(ATA)of America Code 57: Wings.

(e)Reason This AD was prompted by reports that during fatigue testing, damages occurred in the external radius on the upper horizontal cruciform fitting at frame

(FR)47 on the left- and right-hand sides. We are issuing this AD to detect and correct fatigue cracking, which could adversely affect the structural integrity of the airplane.

(f)Compliance You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done.

(g)Inspection Before the accumulation of the applicable threshold specified in paragraph 1.E. Compliance, Table 2, of Airbus Mandatory Service Bulletin A340-57-5029, including Appendices 01 and 02, dated February 25, 2011, or within 90 days after the effective date of this AD, whichever occurs later: Do a high frequency eddy current inspection of the external radius on upper horizontal cruciform fitting at FR47 on the left- and right-hand sides for cracks, in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A340-57-5029, including Appendices 01 and 02, dated February 25, 2011. Where the “Threshold” column of Table 2, specified in paragraph 1.E., “Compliance,” of Airbus Mandatory Service Bulletin A340-57-5029, including Appendices 01 and 02, dated February 25, 2011, specifies the compliance time as “FC” and “FH,” this AD requires the compliance times as “total flight cycles” and “total flight hours.” The thresholds for airplane post-modification number 56558S19405 must be counted from the airplane's first flight and not from the accomplishment of Airbus Service Bulletin A340-57-5010.

(h)Repetitive Inspections Repeat the inspection required by paragraph

(g)of this AD at intervals not to exceed the times specified in the “Repetitive Interval” column of Table 2, specified in paragraph 1.E. Compliance, of Airbus Mandatory Service Bulletin A340-57-5029, including Appendices 01 and 02, dated February 25, 2011. Where the “Repetitive Interval” column of Table 2, specified in paragraph 1.E. Compliance, of Airbus Mandatory Service Bulletin A340-57-5029, including Appendices 01 and 02, dated February 25, 2011, specifies the compliance times as “FC” and “FH,” this AD requires the compliance times as “flight cycles” and “flight hours.”

(i)Corrective Action If any crack is found during the initial or repetitive inspections required by paragraphs

(g)and

(h)of this AD: Before further flight, contact the Manager, International Branch, ANM-116, FAA; or the European Aviation Safety Agency

(EASA)(or its delegated agent); for repair instructions and do the repair.

(j)Reporting Requirement Submit a report of the findings (both positive and negative) of the inspections required by paragraphs

(g)and

(h)of this AD, in accordance with the Inspection Report of Airbus Mandatory Service Bulletin A340-57-5029, Appendix 01, dated February 25, 2011, at the applicable time specified in paragraph (j)(1) or (j)(2) of this AD.

(1)If the inspection was done on or after the effective date of this AD: Submit the report within 90 days after the inspection.

(2)If the inspection was done before the effective date of this AD: Submit the report within 90 days after the effective date of this AD.

(k)Credit for Previous Actions This paragraph provides credit for inspections required by paragraph

(g)of this AD, if those inspections were performed before the effective date of this AD using Airbus A340-500/-600 Nondestructive Testing Manual Task 57-18-07, Revision 35, dated April 1, 2011. As of the effective date of this AD, inspections must be repeated in accordance with the requirements of paragraph

(h)of this AD.

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

(425)227-1138; fax

(425)227-1149. Information may be emailed to: *9-ANM-116-AMOC-REQUESTS@faa.gov* . Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3)*Reporting Requirements:* A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200.

(4)*Special Flight Permits:* Special flight permits, as described in Section 21.197 and Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not allowed.

(m)Related Information Refer to Mandatory Continuing Airworthiness Information

(MCAI)EASA Airworthiness Directive 2011-0075, dated April 29, 2011; and Airbus Mandatory Service Bulletin A340-57-5029, including Appendices 01 and 02, dated February 25, 2011; for related information.

(n)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)of the following service information under 5 U.S.C. 552(a) and 1 CFR part 51:

(i)Airbus Mandatory Service Bulletin A340-57-5029, including Appendices 01 and 02, dated February 25, 2011.

(2)For Airbus service information identified in this AD, contact Airbus SAS—Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email *airworthiness.A330-A340@airbus.com;* Internet *http://www.airbus.com* .

(3)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.

(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 an NARA facility, 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 March 19, 2012. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012-7374 Filed 3-29-12; 8:45 am]

Connectionstraces to 6

Traces to 6 documents

U.S. Code

CFR

2 references not yet in our index