Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-05-17.xml --- 77 96 Thursday, May 17, 2012 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29313-29314 2012-11970 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29350-29351 2012-11878 Meetings:

Community Preventive Services Task Force, 29351 2012-11938 Disease, Disability, and Injury Prevention and Control Special Interest Projects, 29351-29352 2012-11952 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Carnival Fireworks Display, Nantasket Beach, Hull, MA, 29251-29253 2012-11922 Large Cruise Ships; Lower Mississippi River, Southwest Pass Sea Buoy to Mile Marker 96.0; New Orleans, LA, 29254-29256 2012-11923 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation RULES Market Access Program, 29474-29514 2012-11601 Comptroller Comptroller of the Currency NOTICES Supervisory Guidance:

Stress Testing for Banking Organizations With More Than $10 Billion In Total Consolidated Assets, 29458-29472 2012-11989 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 29316-29317 2012-12135 Copyright Office Copyright Office, Library of Congress PROPOSED RULES Registration of Copyright; Definition of Claimant, 29257-29259 2012-11879 Copyright Royalty Board Copyright Royalty Board PROPOSED RULES Compulsory License Rates for Mechanical and Digital Phonorecords, 29259-29270 2012-11751 Defense Department Defense Department PROPOSED RULES Federal Acquisition Regulations:

Updated Postretirement Benefit References, 29305-29307 2012-11959 Denali Denali Commission NOTICES Fiscal Year 2011 Draft Work Plan, 29317 2012-11943 Fiscal Year 2012 Draft Work Plan, 29317-29320 2012-11936 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Election Election Assistance Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29320-29321 2012-11919 Employment and Training Employment and Training Administration NOTICES Affirmative Determination Regarding Application for Reconsideration, 29362 2012-11901 2012-11902 Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance, 29362-29363 2012-11898 2012-11903 2012-11904 Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance, 29363-29366 2012-11899 Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance, 29366-29367 2012-11900 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings:

National Coal Council, 29321-29322 2012-11977 Updating State Residential Building Energy Efficiency Codes, 29322-29331 2012-12000 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Petition for Waiver from Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures: Sanyo E&E Corp., 29331-29333 2012-11998 Environmental Protection Environmental Protection Agency RULES Incorporation by Reference of Approved State Hazardous Waste Management Program:

Oklahoma, 29231-29235 2012-11875 Protection of Stratospheric Ozone: 2012 Critical Use Exemption From the Phaseout of Methyl Bromide, 29218-29231 2012-11972 PROPOSED RULES Approvals and Promulgations of Implementation Plans: State of Montana; State Implementation Plan and Regional Haze Federal Implementation Plan; Corrections, 29270-29271 2012-11967 Effective Date for Water Quality Standards for Florida Lakes and Flowing Waters, 29271-29275 2012-11843 Incorporation by Reference of State Hazardous Waste Management Program:

Oklahoma, 29275 2012-11876 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29334-29336 2012-11947 2012-11950 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Foreign Purchaser Acknowledgement Statement of Unregistered Pesticides, 29339-29340 2012-11951 Green Power and Combined Heat and Power Partnerships, 29337-29338 2012-11956 NSPS for Nonmetallic Mineral Processing, 29336-29337 2012-11955 Intent to Grant Patent License, 29340-29341 2012-11965 Protection of Stratospheric Ozone:

Request for Methyl Bromide Critical Use Exemption Applications for 2015, 29341-29344 2012-11842 Export Import Export-Import Bank NOTICES Economic Impact Policy, 29344-29345 2012-11953 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 29207-29212 2012-11490 2012-11492 Hawker Beechcraft Corporation Airplanes, 29214-29216 2012-11812 The Boeing Company Airplanes, 29212-29214 2012-11463 PROPOSED RULES Rules of Practice for Federally-Assisted Airport Enforcement Proceedings:

Retrospective Regulatory Review; Reopening of Comment Period, 29250-29251 2012-11988 NOTICES Petitions for Exemptions; Summaries of Petitions Received, 29444-29445 2012-11986 2012-11987 Federal Communications Federal Communications Commission RULES Unlicensed Operation in the TV Broadcast Band, 29236-29247 2012-11906 PROPOSED RULES Assessment and Collection of Regulatory Fees for Fiscal Year 2012, 29275-29305 2012-11890 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 29345 2012-12089 Supervisory Guidance: Stress Testing for Banking Organizations With More Than $10 Billion In Total Consolidated Assets, 29458-29472 2012-11989 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 29345 2012-12114 Federal Energy Federal Energy Regulatory Commission NOTICES Proposed Restricted Service List; National Register of Historic Places: City of Norwich Department of Public Utilities, 29333-29334 2012-11824 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Training Certification for Entry-Level Commercial Motor Vehicle Operators, 29445-29446 2012-11909 Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 29446-29447 2012-11911 Qualification of Drivers; Exemption Applications; Vision, 29447-29449 2012-11912 Federal Railroad Federal Railroad Administration PROPOSED RULES Control of Alcohol and Drug Use: Addition of Post-Accident Toxicological Testing for Non-Controlled Substances, 29307-29312 2012-11969 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29345-29347 2012-11939 2012-11940 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 29347 2012-11897 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 2012-11896 29347-29348 2012-11963 Proposals to Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities, 29348 2012-11964 Supervisory Guidance: Stress Testing for Banking Organizations With More Than $10 Billion In Total Consolidated Assets, 29458-29472 2012-11989 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings;

Sunshine Act, 29348 2012-12022 Fiscal Fiscal Service NOTICES Surety Companies Acceptable on Federal Bonds; Termination: Atlantic Bonding Co., Inc., 29472 2012-11893 Fish Fish and Wildlife Service PROPOSED RULES Migratory Bird Hunting: Supplemental Proposals for 2012-13 Hunting Season; Meetings, 29516-29518 2012-11941 NOTICES Endangered and Threatened Wildlife and Plants; Permit Applications, 29357-29358 2012-11946 Environmental Impact Statements; Availability, etc.: Shadura Natural Gas Development Project;

Kenai National Wildlife Refuge, Soldotna, AK, 29358-29359 2012-11942 Meetings: Sport Fishing and Boating Partnership Council, 29359-29360 2012-11997 Food and Drug Food and Drug Administration RULES New Animal Drugs: Ceftiofur Sodium; Lincomycin Powder; Naracin; Tylosin, 29216-29218 2012-11937 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Experimental Study on Comparing Data Obtained From Landline, 29353-29355 2012-11934 Irradiation in the Production, Processing, and Handling of Food, 29352-29353 2012-11933 Forest Forest Service NOTICES Meetings:

Lake Tahoe Basin Federal Advisory Committee, 29314 2012-11960 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulations: Updated Postretirement Benefit References, 29305-29307 2012-11959 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration RULES Patient Protection and Affordable Care Act: Standards Related to Reinsurance, Risk Corridors, and Risk Adjustment;

Correction, 29235-29236 2012-11994 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29348-29349 2012-11921 Statement of Organization, Functions, and Delegations of Authority: Office of The National Coordinator for Health Information Technology, 29349-29350 2012-11910 Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Extension of Time Limit for Final Results:

Sodium Hexametaphosphate From the People's Republic of China, 29314 2012-11889 Meetings: President's Export Council, 29314-29315 2012-11519 Postponement of Preliminary Determinations of Antidumping Duty Investigations: Utility Scale Wind Towers From the People's Republic of China and the Socialist Republic of Vietnam, 29315 2012-11980 International Trade Com International Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Used Electronic Products; An Examination of U.S. Exports, 29360-29361 2012-11894 Justice Department Justice Department NOTICES Lodging of Consent Decree under CERCLA, 29361 2012-11907 Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau See Occupational Safety and Health Administration NOTICES Scientific Integrity; Statement of Policy, 29361-29362 2012-11996 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29367-29368 2012-11983 Library Library of Congress See Copyright Office, Library of Congress See Copyright Royalty Board Millenium Millennium Challenge Corporation NOTICES Entry into a Compact With the Republic of Zambia, 29369-29391 2012-11993 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulations: Updated Postretirement Benefit References, 29305-29307 2012-11959 National Archives National Archives and Records Administration NOTICES Meetings:

Advisory Committee on the Presidential Library-Foundation Partnerships, 29391 2012-11978 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standards: Occupant Crash Protection, 29247-29249 2012-11945 NOTICES Grant of Petition for Decision of Inconsequential Noncompliance: Toyota Motor Corp., Inc., 29449-29450 2012-11948 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Marine Protected Areas Federal Advisory Committee, 29316 2012-11949 Mid-Atlantic Fishery Management Council, 29316 2012-11918 New England Fishery Management Council, 29315-29316 2012-11968 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings;

Sunshine Act, 29391 2012-12046 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Approach for Probabilistic Risk Assessment in Risk-Informed Decisions: Plant-Specific Changes to the Licensing Basis, 29391-29393 2012-11958 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Whistleblower Protection Advisory Committee; Establishment, 29368-29369 2012-11982 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Actions on Special Permit Applications, 29450-29453 2012-11659 Applications for Modifications of Special Permits, 29453-29454 2012-11657 Applications for Special Permits, 29454-29455 2012-11655 Delays in Processing of Special Permits Applications, 29455-29456 2012-11653 Postal Regulatory Postal Regulatory Commission NOTICES Product List Changes, 29393 2012-11979 Public Debt Public Debt Bureau See Fiscal Service Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29394 2012-11929 Applications: Van Eck VIP Trust, et al., 29394-29396 2012-11930 Joint Industry Plan: Addition of BOX Options Exchange LLC, 29396-29397 2012-11924 Limited Exemptions: BOX Options Exchange, LLC, 29397-29398 2012-11931 Meetings; Sunshine Act, 29398 2012-12020 2012-12093 Orders of Suspension of Trading: 1-800-ATTORNEY, Inc. et al., 29399-29416 2012-11962 Self-Regulatory Organizations; Proposed Rule Changes: EDGA Exchange, Inc., 29428-29429 2012-11926 EDGX Exchange, Inc., 29438-29440 2012-11925 NASDAQ OMX PHLX LLC, 29425-29427, 29440-29441 2012-11915 2012-11916 NASDAQ Stock Market LLC, 29435-29438 2012-11927 NYSE Arca, Inc., 29416-29425, 29429-29435 2012-11913 2012-11914 2012-11928 Social Social Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29441-29443 2012-11917 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29443-29444 2012-11981 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29355-29357 2012-11905 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Alameda d/b/a Alameda Belt Line Railroad, Alameda County, CA, 29456-29457 2012-11976 Central Railroad Company of Indianapolis in Howard County, IN, 29456 2012-11966 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Fiscal Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29457-29458 2012-11935 2012-11985 Separate Parts In This Issue Part II Agriculture Department, Commodity Credit Corporation, 29474-29514 2012-11601 Part III Interior Department, Fish and Wildlife Service, 29516-29518 2012-11941 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 96 Thursday, May 17, 2012 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No.

FAA-2011-1321; Directorate Identifier 2011-NM-045-AD; Amendment 39-17047; AD 2012-09-12] 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)for certain Airbus Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, and -131 airplanes; equipped with an additional center tank (ACT). That AD currently requires identifying the part number of the ACT and, for certain ACTs, replacing the outer ACT manhole cover and seal. This new AD requires modifying certain ACTs by replacing the manhole seal with a new seal; adding certain ACT equipped airplanes to the applicability; and removing Model A320-111 airplanes from the applicability. This AD was prompted by reports that the modification required by the current AD was not fully effective. We are issuing this AD to prevent fuel and/or vapor leakage, which could result in a combustible fuel vapor/air mixture in the cargo compartment, and consequent fire risk. DATES: This AD becomes effective June 21, 2012. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 21, 2012. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of December 19, 2005 (70 FR 69067, November 14, 2005). 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: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone

(425)227-1405; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion 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 December 15, 2011 (76 FR 77934), and proposed to supersede AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Following an automatic ACT fuel transfer failure on an A319, it was noted that the ACT manhole cover seals were extruded, allowing leakage. This condition, if not corrected, can lead to fuel and/or vapour leakage, possibly resulting in a combustible fuel vapour/air mixture in the cargo compartment, which would constitute a fire risk. DGAC France AD F-2004-038 [which corresponds to FAA AD 2005-23-02] was issued to require the replacement of the ACT manhole cover and its seal in accordance with SB A320-28-1105, but this modification has proved not to be fully effective. Therefore, it is necessary to replace the seal material and to change the installation process in order to prevent such seal deformation and possibility of leakage. For the reasons described above, this [EASA] AD supersedes DGAC France AD F-2004-038 (EASA approval 2004-2110) and requires the replacement of the existing manhole seal with a new seal. This AD also adds certain ACT equipped airplanes, produced after AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005) was issued, to the applicability. This AD also removes Model A320-111 airplanes from the applicability because there are no operational Model A320-111 airplanes in the United States and Airbus intends to remove this model from the EASA Type Certificate Data Sheet (TCDS). 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 have considered the comments received. Support for NPRM (76 FR 77934, December 15, 2011) Thomas Hayden Barnes stated he supports efforts to ensure airline safety and the NPRM (76 FR 77934, December 15, 2011) appears reasonable. US Airways stated it supports the intent of the NPRM (76 FR 77934, December 15, 2011). Request to Revise Cost Estimate US Airways stated that accomplishment of the modification specified in Airbus Mandatory Service Bulletin A320-28-1162, Revision 02, dated December 18, 2009, will take 14.5 man-hours per fuel tank. We infer that the commenter wants the preamble section of the final rule changed to reflect 14.5 work-hours per fuel tank. We agree. The total work-hours for accessing, modifying a fuel tank, and closing are estimated at 14.5 work-hours per fuel tank. We have changed the cost section in the final rule to reflect an estimate of 15 work-hours per fuel tank to comply with the new basic requirements of this AD. We have also revised the estimated cost of the AD on U.S. operators to be $919,275 (based on one fuel tank per airplane), or $1,275 per fuel tank. Request To Revise the Parts Cost Statement US Airways requested we revise the parts cost statement of the NPRM (76 FR 77934, December 15, 2011) to include the parts cost for the actions required by AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005) and that are retained in the NPRM. The commenter stated that the parts costs are not covered under warranty. We partially agree. Airbus Service Bulletin A320-28-1105, Revision 02, dated March 11, 2005, states that Airbus will provide the material at no charge for orders placed before December 31, 2003. Therefore, we agree that some operators may have had to pay for parts. We do not agree to add parts costs to this final rule, but we have added a statement to the cost section for actions that are required by AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005) and retained in this AD. 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. Request To Allow Seal Replacement Without ACT Removal US Airways requested the NPRM (76 FR 77934, December 15, 2011) be changed to allow installation of the seals without removing the ACTs from the airplane as specified in AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005). The commenter stated that in order to replace the seal on ACT number 2, only the integrated impact wall needs to be removed; and for seal replacement on ACT number 1, the ACT number 2 has to be rolled rearward approximately two feet to provide access to ACT number 1, which can then have its seal replaced without ACT removal. The commenter provided references to its internal documentation to support its request. We disagree. US Airways request does not substantiate the detailed procedures needed for deviation from the Airbus recommended actions specified in Airbus Mandatory Service Bulletin A320-28-1162, Revision 02, dated December 18, 2009, for installation of seals on the ACT number 1 and ACT number 2. In addition, Airbus foresees a potential safety hazard for mechanics if seals are installed without removing the ACTs due to inadequate ventilation and high concentration of fuel vapor. Under the provisions of paragraph

(l)of this AD, we will consider requests for approval of alternate method of compliance

(AMOC)if sufficient data are submitted to substantiate that deviation from the specified procedures in Airbus Mandatory Service Bulletin A320-28-1162, Revision 02, dated December 18, 2009, would provide an acceptable level of safety. We have not changed the AD in this regard. Explanation of Additional Changes Made to the AD We have revised the heading for paragraph

(k)of this AD and the wording in paragraphs

(h)and

(k)of this AD; these changes have not changed the intent of those paragraphs. Conclusion We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed, except for minor editorial changes and/or changes to the cost section that add the accessing and closing costs. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM (76 FR 77934, December 15, 2011) for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM (76 FR 77934, December 15, 2011). Costs of Compliance Based on the service information, we estimate that this AD affects 721 products of U.S. registry. The actions that are required by AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005) and retained in this AD take about 1 work-hour per product, at an average labor rate of $85 per work hour. Required parts cost about $0 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, the estimated cost of the currently required actions is $85 per product. We estimate that it would take about 15 work-hours per fuel tank to comply with the new basic requirements of this AD. The average labor rate is $85 per work-hour. 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 the AD on U.S. operators to be $919,275, or $1,275 per fuel tank. 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 regulation:* 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. 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 77934, December 15, 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 airworthiness directive

(AD)2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005), and adding the following new AD: **2012-09-12 Airbus:** Amendment 39-17047. Docket No. FAA-2011-1321; Directorate Identifier 2011-NM-045-AD.

(a)Effective Date This airworthiness directive

(AD)becomes effective June 21, 2012.

(b)Affected ADs This AD supersedes AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005).

(c)Applicability This AD applies to Airbus airplanes listed in paragraphs (c)(1), (c)(2), and (c)(3) of this AD; certificated in any category; all serial numbers; if equipped with one or more additional center tank(s)

(ACT)with a part number (P/N) listed in table 1 of this AD. This AD does not apply to airplanes already having received Airbus modification 38036 in production.

(1)Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes.

(2)Model A320-211, -212, -214, -231, -232, and -233 airplanes.

(3)Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. Table 1—Affected ACT Part Numbers for Applicability D2827091100000 D2827105100200 D2827105300600 D2827105500400 D2827091100200 D2827105100400 D2827105300800 D2827105500600 D2827091100400 D2827105100600 D2827105400000 D2827105500800 D2827091100600 D2827105100800 D2827105400200 D2827105600000 D2827091100800 D2827105200000 D2827105400400 D2827105600200 D2827091101000 D2827105200200 D2827105400600 D2827105600400 D2827091300000 D2827105200400 D2827105400800 D2827105600600 D2827091300200 D2827105200600 D2827105401000 D2827105600800 D2827091300400 D2827105200800 D2827105401200 D2827107500000 D2827091300600 D2827105300000 D2827105401400 D2827107500200 D2827091300800 D2827105300200 D2827105500000 D2827107500400 D2827105100000 D2827105300400 D2827105500200 D2827107500600

(d)Subject Air Transport Association

(ATA)of America Code 28, Fuel.

(e)Reason This AD was prompted by reports that the modification required by AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005), was not fully effective. We are issuing this AD to prevent fuel and/or vapor leakage, which could result in a combustible fuel vapor/air mixture in the cargo compartment, and consequent fire risk.

(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)Retained Determination of Part Number With New Sealing Procedures This paragraph restates the requirements of paragraph

(f)of AD 2005-23-02, Amendment 39-14350 (70 FR 69067, November 14, 2005), with new sealing procedures. Within 30 days (for Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes) or 12 months (for Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, and -131 airplanes) after December 19, 2005 (the effective date of AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005): Determine whether the P/N of each ACT installed on the airplane is included in table 2 of this AD. If no ACT installed on the airplane has a P/N included in table 2 of this AD, no further work is required by this paragraph. Table 2—Affected ACT P/Ns for AD 2005-23-02, Amendment 39-14360 [70 FR 69067, November 14, 2005] D2827091100000 D2827105100200 D2827105300400 D2827105500200 D2827091100200 D2827105100400 D2827105400000 D2827105500400 D2827091100600 D2827105200000 D2827105400200 D2827105600000 D2827091300000 D2827105200200 D2827105400400 D2827105600200 D2827091300200 D2827105200400 D2827105400600 D2827105600400 D2827091300400 D2827105300000 D2827105400800 D2827107500000 D2827105100000 D2827105300200 D2827105500000 D2827107500200

(h)Retained Manhole Cover/Seal Replacement This paragraph restates the requirements of paragraph

(g)of AD 2005-23-02, Amendment 39-14350 (70 FR 69067, November 14, 2005). Within 30 days (for Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes) or 12 months (for Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, and -131 airplanes) after December 19, 2005 (the effective date of AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005)): For each ACT P/N listed in table 2 of this AD: Before further flight, replace the outer ACT manhole cover with a reinforced manhole cover and replace the outer manhole cover seal with a new seal, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-28-1105, Revision 02, dated March 11, 2005. This paragraph provides credit for the replacements required by this paragraph if the replacements were performed before December 19, 2005, using Airbus Service Bulletin A320-28-1105, Revision 01, dated March 18, 2003; and Airbus Service Bulletin A320-28-1105, dated October 22, 2002. As of the effective date of this AD, doing the manhole cover seal replacement required by paragraph

(i)of this AD, terminates the manhole cover seal replacement required by this paragraph.

(i)ACT Modification Within 3,000 flight cycles or 24 months, whichever occurs first after the effective date of this AD: Modify the affected ACT listed in table 1 of this AD by replacing the manhole seal, in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A320-28-1162, Revision 02, dated December 18, 2009. Accomplishing the manhole cover sealing replacement specified in this paragraph terminates the manhole cover sealing replacement required in paragraph

(h)of this AD.

(j)Parts Installation As of the effective date of this AD, no person may install an ACT, having a part number is listed in table 1 of this AD, on any airplane unless it has been modified prior to its installation, in accordance with Airbus Mandatory Service Bulletin A320-28-1162, Revision 02, dated December 18, 2009.

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

(i)of this AD, if the modification was performed before the effective date of this AD using Airbus Mandatory Service Bulletin A320-28-1162, dated February 6, 2008; or Revision 01, dated July 16, 2008.

(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, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone

(425)227-1405; fax

(425)227-1149. Information may be 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.

(m)Related Information Refer to MCAI European Aviation Safety Agency

(EASA)Airworthiness Directive 2010-0177, dated August 30, 2010; Airbus Mandatory Service Bulletin A320-28-1162, Revision 02, dated December 18, 2009; and Airbus Service Bulletin A320-28-1105, Revision 02, dated March 11, 2005; 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 on the date specified.

(2)The following service information was approved for IBR as of the effective date of this AD:

(i)Airbus Mandatory Service Bulletin A320-28-1162, Revision 02, dated December 18, 2009.

(3)The following service information was approved for IBR on December 19, 2005 (70 FR 69067, November 14, 2005):

(i)Airbus Service Bulletin A320-28-1105, Revision 02, dated March 11, 2005.

(4)For Airbus service information identified in this AD, contact Airbus, Airworthiness Office—EAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email: *account.airworth-eas@airbus.com;* Internet *http://www.airbus.com.*

(5)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.

(6)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 May 1, 2012. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012-11490 Filed 5-16-12; 8:45 am]

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