Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-05-25.xml --- 77 102 Friday, May 25, 2012 Contents Administrative Administrative Conference of the United States NOTICES Meetings: Assembly of the Administrative Conference of the United States, 31290-31291 2012-12787 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Economic Research Service See Farm Service Agency See Foreign Agricultural Service See Forest Service See National Agricultural Statistics Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31291-31292 2012-12814 Air Force Air Force Department NOTICES Meetings: Air University Board of Visitors, 31338-31339 2012-12735 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importation of Live Poultry, Poultry Meat, and Other Poultry Products From Specified Regions, 31293-31294 2012-12768 Importation of Papaya From Colombia and Ecuador, 31294-31295 2012-12766 National Poultry Improvement Plan, 31292-31293 2012-12764 Army Army Department See Engineers Corps NOTICES Information on Surplus Land at Military Installations Designated for Disposal:

Fort Tilden U.S. Army Reserve Center, NY, 31339 2012-12751 Meetings: Board of Visitors, United States Military Academy, 31339-31340 2012-12765 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Consumer Financial Protection Bureau of Consumer Financial Protection PROPOSED RULES Establishment of Supervisory Authority Over Certain Nonbank Covered Persons Based on Risk Determination, 31226-31237 2012-12718 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Board of Scientific Counselors, National Center for Health Statistics; Cancellation, 31359 2012-12295 Disease, Disability, and Injury Prevention and Control Special Interest Projects, 31358-31359 2012-12730 2012-12732 2012-12736 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare and Medicaid Programs: Announcement of the Re-Approval of the Joint Commission as an Accreditation Organization, etc., 31359-31361 2012-12639 Medicare and Medicaid Programs; Applications:

American Osteopathic Association/Healthcare Facilities Accreditation Program for Approval of Ambulatory Surgery Center Accreditation Program, 31361-31362 2012-12823 Community Health Accreditation Program for Continued Approval of its Hospice Accreditation Program, 31362-31364 2012-12816 Medicare Program; Approved Renewal of Deeming Authority: Utilization Review Accreditation Commission for Medicare Advantage Health Maintenance Organizations, etc., 31364-31366 2012-12812 Meetings:

Advisory Panel on Hospital Outpatient Payment, 31366-31367 2012-12630 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Performance Measurement On-Line Tool, 31368 2012-12704 Coast Guard Coast Guard RULES Safety Zones: Temporary Change for Recurring Fireworks Display Within Fifth Coast Guard District, Pamlico River and Tar River; Washington, NC, 31183-31186 2012-12727 Security Zones: USS MISSISSIPPI Commissioning;

Pascagoula Harbor and Pascagoula River; Pascagoula, MS, 31186-31188 2012-12671 Special Local Regulations; Safety Zones: Recurring Events in Captain of the Port Long Island Sound, 31188-31190 2012-12563 Commerce Commerce Department See Foreign-Trade Zones Board 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, 31306-31307 2012-12697 2012-12698 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 31335 2012-12756 Procurement List; Proposed Additions and Deletions, 31335-31336 2012-12755 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31438-31441 2012-12749 2012-12757 Copyright Office Copyright Office, Library of Congress PROPOSED RULES Electronic Filing in Copyright Office of Notices of Intention To Obtain Section 115 Compulsory License, 31237-31240 2012-12652 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31336-31337 2012-12836 Defense Department Defense Department See Air Force Department See Army Department See Engineers Corps NOTICES Meetings: Defense Policy Board, 31338 2012-12665 Task Force on Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces, 31337-31338 2012-12662 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances;

Applications: Alltech Associates, Inc., 31387-31388 2012-12828 Noramco, Inc., 31388 2012-12825 Importers of Controlled Substances; Registrations: Capricorn Pharma, Inc., 31388 2012-12824 Cerilliant Corp., 31389 2012-12826 Meridian Medical Technologies, 31388-31389 2012-12813 Penick Corp., 31389 2012-12830 Manufacturers of Controlled Substances; Registrations: Mallinckrodt, LLC, 31391-31392 2012-12817 PCAS-Nanosyn, LLC, 31390 2012-12820 Siemens Healthcare Diagnostics, Inc., 31390 2012-12822 Sigma Aldrich Research Biochemicals, Inc., 31390-31391 2012-12821 Economic Research Economic Research Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31295-31296 2012-12770 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Presidential Scholars Program Application, 31340-31341 2012-12786 Employment and Training Employment and Training Administration NOTICES Workforce Investment Act Incentive Funding Based on Program Year 2010 Performance; Availability, 31393-31395 2012-12772 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:

Test Procedures for Residential Dishwashers, Dehumidifiers, and Conventional Cooking Products (Standby Mode and Off Mode), 31444-31477 2012-11155 NOTICES Applications to Export Electric Energy: DC Energy, LLC, 31341-31342 2012-12761 Emera Energy Services Subsidiaries, 31342 2012-12762 Engineers Engineers Corps NOTICES Intents to Grant Partially Exclusive Licenses: Soluble Salt Produced From a Biopolymer and Process for Producing the Salt, 31340 2012-12767 Proposed Reductions in Levels of Service at Locks and Dams on Ouachita and Black Rivers, 31340 2012-12750 Environmental Protection Environmental Protection Agency RULES California State Implementation Plan:

Revision to the South Coast Air Quality Management District South Coast Rule 1315, 31200-31215 2012-12500 National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List; Partial Deletion of the Ellsworth Air Force Base Superfund Site, 31215-31216 2012-12806 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Florida; Regional Haze State Implementation Plan, 31240-31262 2012-12777 Approvals and Promulgations of Implementation Plans:

Kentucky; Louisville; Fine Particulate Matter 2002 Base Year Emissions Inventory, 31262-31265 2012-12799 Ohio; Volatile Organic Compound Emission Control Measures for Cleveland Ozone Nonattainment Area, 31265-31268 2012-12804 Determination Regarding Applicability of Clean Air Act Requirements: Arizona; Determination of Attainment for the Paul Spur/Douglas PM10 Nonattainment Area, 31268-31274 2012-12781 NOTICES Adequacy Determinations for Transportation Conformity Purposes: Colorado;

Aspen PM10 and Fort Collins Carbon Monoxide Maintenance Plans' Motor Vehicle Emissions Budgets, 31351-31352 2012-12797 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Worker Protection Standards for Hazardous Waste Operations and Emergency Response, 31352-31353 2012-12838 Assessments of Potential Mining Impacts: Salmon Ecosystems of Bristol Bay, AK, 31353-31355 2012-12808 Cancellation Orders for Amendments to Terminate Uses: Aldicarb; Correction, 31355 2012-12774 Environmental Impact Statements;

Weekly Receipt, 31355-31356 2012-12809 Pesticide Products; Receipt of Applications to Register New Uses, 31356-31357 2012-12789 Proposed Agreements Under Comprehensive Environmental Response, Compensation and Liability Act: Wabash Environmental Technologies Site, 31357 2012-12792 Executive Office of the President See Presidential Documents Farm Service Farm Service Agency PROPOSED RULES Microloan Operating Loans, 31220-31226 2012-12685 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Bell Helicopter Textron Canada Limited Helicopter, 31172-31174 2012-12399 Bombardier, Inc. Airplanes, 31174-31175 2012-12333 Piper Aircraft, Inc. Airplanes, 31169-31172 2012-12092 Rolls-Royce, PLC Turbofan Engines, 31176-31178 2012-12726 The Boeing Company Airplanes, 31167-31169 2012-12087 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 31178-31182 2012-12325 2012-12332 NOTICES Meetings: RTCA Program Management Committee, 31421-31422 2012-12689 Federal Deposit Federal Deposit Insurance Corporation NOTICES Update Listings of Financial Institutions in Liquidation, 31357-31358 2012-12760 Federal Emergency Federal Emergency Management Agency RULES Changes in Flood Elevation Determinations, 31216-31219 2012-12714 NOTICES Major Disaster Declarations:

Vermont; Amendment No. 9, 31371 2012-12713 Proposed Flood Hazard Determinations, 31372-31374 2012-12715 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31342-31344 2012-12700 Applications: Duke Energy Carolinas, LLC, 31345 2012-12701 Grand Valley Irrigation Co., 31344-31345 2012-12702 Combined Filings, 31345-31347 2012-12707 2012-12734 Complaints: High Prairie Pipeline, LLC v. Enbridge Energy, LP, 31347 2012-12706 Environmental Impact Statements;

Availability, etc.: MPP Project, Tennessee Gas Pipeline Co., L.L.C., 31347-31348 2012-12699 Meetings: Section 106 Consultation; Boott Hydropower, Inc., 31348 2012-12708 Post-Technical Conference Comments: Midwest Independent Transmission System Operator, Inc., 31348-31349 2012-12709 Preliminary Permit Applications: Coastal Hydropower, LLC, 31349-31350 2012-12703 Records Governing Off-the-Record Communications, 31350-31351 2012-12733 Federal Motor Federal Motor Carrier Safety Administration NOTICES Commercial Driver's License Standards:

Daimler Trucks North America Exemption Application, 31422-31423 2012-12833 Qualifications of Drivers; Exemption Applications: National Association of the Deaf, 31423-31427 2012-12636 Vision; Final Disposition, 31427-31429 2012-12763 Federal Railroad Federal Railroad Administration NOTICES Applications for Approval of Discontinuance or Modification of Railroad Signal System, 31429 2012-12785 Petitions for Waivers of Compliance, 31429-31432 2012-12690 2012-12716 2012-12717 2012-12784 Fiscal Fiscal Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: States Where Licensed for Surety, 31441 2012-12559 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Draft Comprehensive Conservation Plan, Hart Mountain National Antelope Refuge, Lake County, OR, 31379-31381 2012-12353 Food and Drug Food and Drug Administration NOTICES Guidance for Industry; Availability: Meetings with Industry and Investigators on Research and Development of Tobacco Products, 31368-31371 2012-12775 Foreign Agricultural Foreign Agricultural Service NOTICES WTO Agricultural Safeguard Trigger Levels, 31296-31298 2012-12691 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings;

Sunshine Act, 31392 2012-12873 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization Under Alternative Site Framework: Foreign-Trade Zone 41, Milwaukee, WI; Expansion of Service Area, 31307-31308 2012-12818 Applications for Reorganization/Expansion Under Alternative Site Framework: Foreign-Trade Zone 36, Galveston, TX, 31308 2012-12796 Expansions of Manufacturing Authority: Foreign Trade Zone 45—Portland, OR; Epson Portland, Inc., 31308-31309 2012-12805 Forest Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Special Use Administration, 31298-31302 2012-12759 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Public Workshops: Privacy Compliance Workshop, 31371 2012-12829 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Rural Housing Stability Assistance Program and Grant Applications, 31375-31376 2012-12842 Rural Housing Stability Program Registration, 31374-31375 2012-12841 Buy American Exceptions Under American Recovery and Reinvestment Act of 2009, 31376 2012-12839 Federal Properties Suitable as Facilities to Assist Homeless, 31376-31377 2012-12390 Indian Affairs Indian Affairs Bureau NOTICES Habematolel Pomo of Upper Lake, Tribal Liquor Ordinance No. 2008-01, 31381-31385 2012-12843 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Reclamation Bureau NOTICES Meetings:

Secretarial Commission on Indian Trust Administration and Reform, 31378-31379 2012-12739 U.S. Extractive Industries Transparency Initiative Tribal Consultation, 31377-31378 2012-12827 Internal Revenue Internal Revenue Service NOTICES Meetings: Electronic Tax Adminstration Advisory Committee, 31441-31442 2012-12575 International Trade Adm International Trade Administration RULES Final Withdrawal of Regulations: Imports of Cotton Woven Fabric and Short Supply Procedures, 31182-31183 2012-12791 NOTICES Preliminary Determinations of Sales at Less Than Fair Value, Postponements of Final Determinations, etc.:

Crystalline Silicon Photovoltaic Cells From People's Republic of China, 31309-31324 2012-12798 Justice Department Justice Department See Drug Enforcement Administration See Foreign Claims Settlement Commission Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Settlement Agreements Between a Plan and Party in Interest, 31392-31393 2012-12807 Meetings:

Labor Advisory Committee for Trade Negotiations and Trade Policy, 31393 2012-12696 Land Land Management Bureau NOTICES Competitive Coal Lease Sales: Wyoming, 31385-31386 2012-12679 Environmental Impact Statements; Availability, etc.: McCoy Solar Energy Project and Possible Land Use Plan Amendment, Riverside County, C\A, 31386-31387 2012-12560 Meetings: Albuquerque Resource Advisory Council, 31387 2012-12657 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws:

Vessel Passion, 31432 2012-12694 NASA National Aeronautics and Space Administration NOTICES Intents to Grant Exclusive Licenses, 31399-31400 2012-12788 National Agricultural National Agricultural Statistics Service NOTICES Charter Renewals: Advisory Committee on Agriculture Statistics, 31302 2012-12769 National Archives National Archives and Records Administration NOTICES Opening of Materials: Nixon Presidential Historical Materials, 31400 2012-12622 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31400-31401 2012-12782 National Institute National Institute of Standards and Technology NOTICES National Fire Codes: NFPA Technical Committee Reports, 31325-31326 2012-12779 National Oceanic National Oceanic and Atmospheric Administration NOTICES Environmental Impact Statements; Availability, etc.: Replacement of NOAA National Marine Fisheries Service Southwest Fisheries Science Center in La Jolla, CA, 31326-31327 2012-12780 Meetings: Mid-Atlantic Fishery Management Council, 31332-31333 2012-12684 North Pacific Fishery Management Council, 31329-31330 2012-12803 Northeast Fisheries Science Center, Woods, Hole, MA;

Workshop, 31329 2012-12801 Pacific Fishery Management Council, 31327-31329 2012-12676 2012-12728 2012-12802 South Atlantic Fishery Management Council, 31330-31332 2012-12677 Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Training Exercises in Three East Coast Range Complexes, 31333-31335 2012-12778 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31401-31402 2012-12773 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications and Amendments to Facility Operating Licenses:

Southern Nuclear Operating Co., Inc., 31402-31407 2012-12758 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reports of Injuries to Employees Operating Mechanical Power Presses, 31396-31398 2012-12710 Temporary Labor Camps Standard, 31395-31396 2012-12705 Meetings: National Advisory Committee on Occupational Safety and Health, 31398-31399 2012-12771 Alaska Natural Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects NOTICES Review of Federal Permit Conditions, 31302-31306 2012-12737 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials:

Harmonization With United Nations Recommendations on Transport of Dangerous Goods, 31274-31289 2012-12523 Postal Service Postal Service RULES Revised Service Standards for Market-Dominant Mail Products, 31190-31200 2012-12564 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Maritime Day (Proc. 8828), 31479-31482 2012-13005 ADMINISTRATIVE ORDERS Government Agencies and Employees: Millennium Challenge Corporation; Designation of Officers To Act as Chief Executive Officer (Memorandum of May 21, 2012), 31161-31162 2012-12945 National Archives and Records Administration;

Designation of Officers To Act as Archivist of the United States (Memorandum of May 21, 2012), 31163-31164 2012-12946 Personnel Management, Office of; Designation of Officers To Act as Director (Memorandum of May 21, 2012), 31165-31166 2012-12948 Public Debt Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Remanded Biological Opinions on Coordinated Long-Term Operations: Central Valley Project and State Water Project, 31387 2012-12738 Research Innovative Research and Innovative Technology Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Report of Extension of Credit to Political Candidates, 31432-31433 2012-12752 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31408-31409 2012-12724 2012-12725 Meetings: Advisory Committee on Small and Emerging Companies, 31409-31410 2012-12800 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 31418-31420 2012-12719 Chicago Mercantile Exchange, Inc., 31416-31418 2012-12723 International Securities Exchange, LLC, 31411-31413 2012-12722 NASDAQ OMX BX, Inc., 31413-31415 2012-12793 NYSE Amex LLC, 31415-31416 2012-12794 NYSE Arca, Inc., 31410-31411, 31418 2012-12720 2012-12721 Suspension of Trading Orders:

Savoy Resources Corp., SNRG Corp., Standard Mobile, Inc., and VTEX Energy, Inc., 31420 2012-12899 Small Business Small Business Administration NOTICES Meetings: Advisory Committee on Veterans Business Affairs, 31420 2012-12695 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Alighiero Boetti, Game Plan, 31420 2012-12831 Portrait of Helena de Kay, 31421 2012-12834 Statistical Reporting Service See National Agricultural Statistics Service Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration See Research and Innovative Technology Administration NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B, 31421 2012-12753 Aviation Proceedings, Agreements, 31421 2012-12754 Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31433-31434 2012-12729 2012-12776 Financial Institutions of Primary Money Laundering Concern: JSC CredexBank, 31434-31438 2012-12742 Separate Parts In This Issue Part II Energy Department, 31444-31477 2012-11155 Part III Presidential Documents, 31479-31482 2012-13005 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. 77 102 Friday, May 25, 2012 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2011-1259; Directorate Identifier 2011-NM-181-AD; Amendment 39-17059; AD 2012-10-10] RIN 2120-AA64 Airworthiness Directives;

The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for certain The Boeing Company Model 777 airplanes. This AD was prompted by reports of corrosion damage on the outer diameter chrome surface of the horizontal stabilizer pivot pins. Micro-cracks in the chrome plating of the pivot pin, some of which extended into the base metal, were also reported. This condition, if not corrected, could result in a fractured horizontal stabilizer pivot pin. This AD requires replacing the existing horizontal stabilizer pivot pins with new or reworked pivot pins having improved corrosion resistance, doing repetitive inspections after installing the pivot pins, and doing corrective actions if necessary. We are issuing this AD to prevent a fractured horizontal stabilizer pivot pin, which may cause excessive horizontal stabilizer freeplay and structural damage significant enough to result in loss of control of the airplane. DATES: This AD is effective June 29, 2012. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of June 29, 2012. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; email *me.boecom@boeing.com;* Internet *https://www.myboeingfleet.com.* You may review copies of the referenced 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. 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 address for the Docket Office (phone: 800-647-5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: James Sutherland, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-6533; fax: 425-917-6590; email: *james.sutherland@faa.gov.* 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 published in the **Federal Register** on December 6, 2011 (76 FR 76066). That NPRM proposed to replace the existing horizontal stabilizer pivot pins with new or reworked pivot pins having improved corrosion resistance, doing repetitive inspections after installing the pivot pins, and doing corrective actions if necessary. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (76 FR 76066, December 6, 2011) and the FAA's response to each comment. Request To Delay Rule Due to Pending Service Information FedEx and All Nippon Airways

(ANA)requested that the release date of the AD be postponed until Revision 1 of Boeing Alert Service Bulletin 777-55A0018 is issued. FedEx stated that the horizontal stabilizer jacking tool used for the pivot pin removal/installation procedure, as specified in Boeing Alert Service Bulletin 777-55A0018, dated July 27, 2011, is being re-designed, and suggested that the release date of the AD be postponed until re-design of the tool is completed and Revision 1 is issued. ANA noted that Boeing does not recommend accomplishing Boeing Alert Service Bulletin 777-55A0018, dated July 27, 2011, until the anti-rotation plates and jacking tool are available. We do not agree to postpone issuing the final rule, because Boeing has issued Alert Service Bulletin 777-55A0018, Revision 1, dated March 6, 2012. That service bulletin includes the new anti-rotation plates, and, as an alternative to having the new anti-rotation plates, a procedure for reworking the existing anti-rotation plates. The pin removal tool is an optional tool allowing operators an alternate method to remove the horizontal stabilizer pivot pins without the jacking tool. The existing tool is applicable to line numbers 1 through 40, and Boeing has issued rework instructions for the operators to modify existing tools for all Model 777 airplanes. The scope of this AD has not been expanded. We have updated the references in paragraphs (c), (g), (h), and

(i)of this AD accordingly. In paragraph

(j)of this AD, we are giving credit for actions done using Boeing Alert Service Bulletin 777-55A0018, dated July 27, 2011. Other Changes to NPRM (76 FR 76066, December 6, 2011) The Repeat Interval columns of tables 2 and 3 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 777-55A0018, Revision 1, dated March 6, 2012, are corrected to include the phrase “after the most recent inspection.” Therefore, we have removed the exception stated in paragraph (i)(1) of the NPRM (76 FR 76066, December 6, 2011). Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial changes. We have determined that these minor changes: • Αre consistent with the intent that was proposed in the NPRM (76 FR 76066, December 6, 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 76066, December 6, 2011). We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Costs of Compliance We estimate that this AD affects 155 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 Replacement of horizontal stabilizer pivot pins 16 work-hours × $85 per hour = $1,360 $11,452 $12,812 $1,985,860 Repetitive inspections 22 work-hours × $85 per hour = $1,870 per inspection cycle 0 $1,870 per inspection cycle $289,850 per inspection cycle. We estimate the following costs to do any necessary replacements that would be required based on the results of the inspections. We have no way of determining the number of aircraft that might need these replacements. On-Condition Costs Action Labor cost Parts cost Cost per product Pivot pin or spacer replacement 16 work-hours × $85 per hour = $1,360 $11,452 $12,812 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 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 airworthiness directive (AD): **2012-10-10 The Boeing Company:** Amendment 39-17059; Docket No. FAA-2011-1259; Directorate Identifier 2011-NM-181-AD.

(a)Effective Date This AD is effective June 29, 2012.

(b)Affected ADs None.

(c)Applicability This AD applies to The Boeing Company Model 777-200, -200LR, -300, -300ER, and 777F series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 777-55A0018, Revision 1, dated March 6, 2012.

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

(ATA)of America Code 55, Stabilizers.

(e)Unsafe Condition This AD was prompted by reports of corrosion damage on the outer diameter chrome surface of the horizontal stabilizer pivot pins. Micro-cracks in the chrome plating of the pivot pins, some of which extended into the base metal, were also reported. We are issuing this AD to prevent a fractured horizontal stabilizer pivot pin, which may cause excessive horizontal stabilizer freeplay and structural damage significant enough to result in loss of control of the airplane.

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

(g)Pivot Pin Replacement At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 777-55A0018, Revision 1, dated March 6, 2012, except as required by paragraph

(i)of this AD: Replace the pivot pins of the horizontal stabilizer with new or reworked pivot pins, including replacing the spacer with a new spacer or with one that has been determined to be without corrosion damage or other irregularities; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 777-55A0018, Revision 1, dated March 6, 2012.

(h)Repetitive Inspections At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 777-55A0018, Revision 1, dated March 6, 2012: Do detailed inspections for cracks, corrosion damage, or other irregularity of the outer and inner pivot pins; and an ultrasonic inspection for cracking of the outer pivot pins; and do all applicable corrective actions; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 777-55A0018, Revision 1, dated March 6, 2012. Corrective actions must be done before further flight. Repeat the inspections at the applicable interval specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 777-55A0018, Revision 1, dated March 6, 2012.

(i)Exception Where paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 777-55A0018, Revision 1, dated March 6, 2012, specifies a compliance time “after the Revision 1 date of this service bulletin,” this AD requires compliance within the specified compliance time “after the effective date of this AD.”

(j)Credit for Previous Actions This paragraph provides credit for the actions specified in paragraphs

(g)and

(h)of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 777-55A0018, dated July 27, 2011.

(k)Alternative Methods of Compliance (AMOCs)

(1)The Manager, Seattle Aircraft Certification Office (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. Information may be emailed to: *9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.*

(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.

(3)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization

(ODA)that has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

(l)Related Information For more information about this AD, contact James Sutherland, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-6533; fax: 425-917-6590; email: *james.sutherland@faa.gov.*

(m)Material Incorporated by Reference 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:

(1)Boeing Alert Service Bulletin 777-55A0018, Revision 1, dated March 6, 2012.

(2)For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; email *me.boecom@boeing.com;* Internet *https://www.myboeingfleet.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 NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on May 11, 2012. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012-12087 Filed 5-24-12; 8:45 am]

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