Unknown. Final rule; request for comments

5,406 words·~25 min read·/register/2012/05/29/2012-13034·

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-2012-05-29.xml --- 77 103 Tuesday, May 29, 2012 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31564 2012-12984 Air Force Air Force Department NOTICES Privacy Act; Systems of Records, 31591 2012-12901 Animal Animal and Plant Health Inspection Service NOTICES Treatment Evaluation Documents;

Availability: Methyl Bromide Fumigation of Cottonseed, 31564-31566 2012-13016 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2012 Survey of Business Owners and Self-Employed Persons, 31566-31567 2012-12909 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid and Childrens Health Insurance Programs: Disallowance of Claims for FFP and Technical Corrections, 31499-31513 2012-12637 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31615-31618 2012-12810 2012-12811 Medicaid Program: Announcement of Requirements and Registration for CMS Provider Screening Innovator Challenge, 31618-31620 2012-12633 Meetings: Medicare Program; New Clinical Laboratory Tests Payment Determinations, 31620-31622 2012-12982 Coast Guard Coast Guard RULES Eighth Coast Guard District Annual Marine Events and Safety Zones: Billy Bowlegs Pirate Festival; Santa Rosa Sound; Ft. Walton Beach, FL, 31493 2012-12951 Safety Zones:

Fourth of July Fireworks Displays Within Captain of the Port Charleston Zone, SC, 31493-31496 2012-12875 Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard Merchant Mariner's Documents, 31518-31520 2012-12871 Validation of Merchant Mariners' Vital Information and Issuance of Coast Guard Merchant Mariners' Licenses and Certificates of Registry, 31515-31517 2012-12870 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31629-31631 2012-12872 Towing Safety Advisory Committee;

Vacancies, 31631-31632 2012-12874 Commerce Commerce Department See Census Bureau See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 31587-31488 2012-13059 2012-13060 2012-13061 2012-13062 2012-13063 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements:

Technical Amendments, 31536-31537 2012-12934 Defense Department Defense Department See Air Force Department See Defense Acquisition Regulations System See Navy Department NOTICES 36(b)(1) Arms Sales, 31588-31590 2012-12837 Meetings: Reserve Forces Policy Board Advisory Committee, 31590-31591 2012-12894 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Economic Development Economic Development Administration NOTICES Meetings: National Advisory Council on Innovation and Entrepreneurship, 31567 2012-12983 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Institute of Education Sciences; What Works Clearinghouse, 31592 2012-12942 Applications for New Awards: State-Tribal Education Partnership Pilot Grant Competition, 31592-31600 2012-12835 Technology and Media Services for Individuals with Disabilities, Stepping-up Technology Implementation, 31600 C1--2012--12278 Federal Need Analysis Methodology for the 2013-2014 Award Year: Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, Federal Supplemental Educational Opportunity Grant, etc., 31600-31605 2012-12939 Meetings:

Equity and Excellence Commission, 31605-31606 2012-12941 Privacy Act; Systems of Records, 31606-31607 2012-12930 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31641-31642 2012-12916 Amended Certifications Regarding Eligibility To Apply for Worker Adjustment Assistance: AI-Shreveport, LLC, et al., 31643 2012-12887 Hawker Beech Craft Defense Company, LLC, et al., 31642-31643 2012-12886 Siltronic Corp., FAB1 Plant, et al., Portland, OR, 31643 2012-12888 Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance, 31643-31646 2012-12885 Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance, 31646-31647 2012-12884 Requests for Certifications of Compliance:

Rural Industrialization Loan and Grant Program, 31647 2012-12917 Employment Standards Employment Standards Administration See Wage and Hour Division Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Reducing Regulatory Burden, 31548 2012-13054 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Massachusetts and New Hampshire; Determination of Attainment of One-Hour and 1997 Eight-Hour Ozone Standards for Eastern Massachusetts, 31496-31498 2012-12505 Approvals and Promulgations of Implementation Plans and Operating Permits Program:

Commonwealth of Puerto Rico; Administrative Changes, 31499 2012-12783 PROPOSED RULES Approvals and Promulgations of Implementation Plans: Hawaii; Regional Haze Federal Implementation Plan, 31692-31718 2012-12415 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: CAIR To Reduce Interstate Transport of Fine Particle Matter and Ozone, 31610-31611 2012-12898 Proposed CERCLA Administrative Agreements and Orders on Consent: Mercury Refining Superfund Site, Guilderland and Colonie, Albany County, NY, 31611 2012-12921 Executive Office Executive Office for Immigration Review NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Revised Application for Suspension of Deportation, 31641 2012-12967 Executive Office of the President See Science and Technology Policy Office See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Gulfstream Aerospace Corporation Airplanes, 31483-31486 2012-13034 PROPOSED RULES Establishments of Class E Airspace: Chenega Bay, AK, 31548-31549 2012-12943 NOTICES Environmental Impact Statements;

Availability, etc.: George Bush Intercontinental Airport, Houston, TX; Withdrawal, 31684 2012-12947 Federal Communications Federal Communications Commission RULES Connect America Fund; A National Broadband Plan for Our Future; etc., 31520-31536 2012-12950 NOTICES Meetings: Consumer Advisory Committee, 31611-31612 2012-12956 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31607-31608 2012-12869 Combined Filings, 31608-31610 2012-12890 2012-12891 2012-12892 Preliminary Permit Applications:

FFP Project 110, LLC, 31610 2012-12868 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 31612 2012-13024 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers: RockTenn, Exemption Application, 31684-31685 2012-12819 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 31612 2012-12915 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31612-31615 2012-12863 Fish Fish and Wildlife Service NOTICES Meetings: Wildlife and Hunting Heritage Conservation Council, 31636-31637 2012-12906 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adverse Event Reporting and Recordkeeping for Dietary Supplements, 31622-31624 2012-12878 Forest Forest Service NOTICES Meetings: Federal Lands Recreation Enhancement Act, 31566 2012-12731 General Services General Services Administration NOTICES Improving Mail Management Policies, Procedures, and Activities, 31615 2012-12985 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Patient Protection and Affordable Care Act:

Establishment of Exchanges and Qualified Health Plans; Exchange Standards for Employers; Correction, 31513-31515 2012-12914 Health Resources Health Resources and Services Administration NOTICES Meetings: Advisory Commission on Childhood Vaccines, 31624 2012-12849 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Home Mortgage Disclosure Act Loan/Application Register, 31634 2012-12940 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Indian and Alaska Native Population and Labor Force Report, 31637 2012-12905 Industry Industry and Security Bureau NOTICES Meetings: Regulations and Procedures Technical Advisory Committee, 31567-31568 2012-12936 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Claim for Relocation Payments—Residential and Claim for Relocation Payments—Nonresidential, 31634-31636 2012-12847 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31686-31689 2012-12848 2012-12851 2012-12852 2012-12853 2012-12854 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc., 31568-31574 2012-12981 Executive-Led Trade Mission to South Africa and Zambia, 31574-31577 2012-12974 Final Results of Antidumping Duty Changed Circumstances Review, and Revocation of Order, in Part:

Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China, 31577-31578 2012-12979 Initiation and Preliminary Results of Antidumping Duty Changed-Circumstances Review, etc.: Stainless Steel Bar from Japan, 31578-31580 2012-12980 U.S. Architecture Services Trade Mission to India, Chennai, Kolkata and Bangalore, India October 15-19, 2012, 31581-31584 2012-12931 International Trade Com International Trade Commission NOTICES Meetings; Sunshine Act, 31640-31641 2012-13079 Justice Department Justice Department See Executive Office for Immigration Review Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration See Wage and Hour Division Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: SunZia Southwest 500 kV Transmission Line Project in New Mexico and Arizona, 31637-31640 2012-12978 Meetings: Northwest California Resource Advisory Council, 31640 2012-12908 Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Program Evaluation Data, 31584-31585 2012-12903 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 31625-31626 2012-12861 2012-12862 National Cancer Institute, 31627-31628 2012-12856 2012-12857 2012-12858 National Institute of Allergy and Infectious Diseases, 31628-31629 2012-12846 National Institute of Biomedical Imaging and Bioengineering, 31624 2012-12866 National Institute of Diabetes and Digestive and Kidney Diseases, 31629 2012-12844 2012-12845 National Institute of General Medical Sciences, 31627 2012-12859 Office of the Director, 31624-31625, 31627 2012-12860 2012-12864 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species:

Atlantic Bluefin Tuna Fisheries, 31546-31547 2012-12929 Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA, 31537-31546 2012-12964 PROPOSED RULES Atlantic Highly Migratory Species: Atlantic Shark Management Measures; Intent To Prepare Environmental Impact Statement, 31562-31563 2012-12976 NOTICES Applications: Endangered Species; File No. 16556, 31586 2012-12960 Marine Mammals;

File No. 16388, 31585-31586 2012-12962 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico; Exempted Fishing Permit, 31586-31587 2012-12961 Fishing Capacity Reduction Program for the Pacific Coast Groundfish Fishery, 31587 2012-12969 Navy Navy Department NOTICES Authorization To Serve on the Board of Directors, Navy-Marine Corps Relief Society, 31591 2012-12904 Meetings: U.S. Naval Academy Board of Visitors, 31591-31592 2012-12902 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Confirmatory Orders Modifying Licenses:

Tennessee Valley Authority, Browns Ferry Units 1, 2, and 3, 31649-31651 2012-12990 Confirmatory Orders: Texas Gamma Ray, LLC, Pasadena, TX, 31651-31655 2012-12989 Facility Operating and Combined Licenses Applications and Amendments Involving No Significant Hazards Considerations, 31655-31676 2012-12687 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Fukushima, 31676 2012-12986 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings:

Establishing Indicators To Determine Whether State Plan Operations are At Least as Effective as Federal, 31647-31649 2012-12913 Office of United States Trade Representative See Trade Representative, Office of United States Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 31676-31677 2012-13058 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials: Miscellaneous Amendments Pertaining to DOT Specification Cylinders, 31551-31562 2012-12832 Public Debt Public Debt Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31689 2012-12840 Saint Lawrence Saint Lawrence Seaway Development Corporation NOTICES Meetings: Advisory Board, 31685-31686 2012-12932 Science Technology Science and Technology Policy Office NOTICES Interagency Arctic Research Policy Committee; Arctic Research Plan FY2013-2017, 31677 2012-12790 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 31677 2012-13069 Self-Regulatory Organizations; Proposed Rule Changes:

Financial Industry Regulatory Authority, Inc., 31677-31680 2012-12850 International Securities Exchange, LLC, 31680-31682 2012-12927 Suspension of Trading Orders: Indocan Resources, Inc., 31682 2012-13012 Quintek Technologies, Inc.; Saint James Co.; Urigen Pharmaceuticals, Inc., et al., 31682 2012-13015 State Department State Department NOTICES Charter Renewals: Cultural Property Advisory Committee, 31682 2012-12937 Meetings: Advisory Committee on Private International Law Online Dispute Resolution Study Group, 31682-31683 2012-12938 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Virginia Regulatory Program, 31486-31493 2012-12933 Trade Representative Trade Representative, Office of United States NOTICES Effective Date of Modifications to a Rule of Origin of the United States-Australia Free Trade Agreement, 31683 2012-12935 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration See Saint Lawrence Seaway Development Corporation See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Highway Baseline Assessment for Security Enhancement Program, 31632-31633 2012-12957 Treasury Treasury Department See Internal Revenue Service See Public Debt Bureau Customs U.S. Customs and Border Protection NOTICES Approvals as a Commercial Gauger: Inspectorate America Corp., 31634 2012-12865 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Deployment Risk and Resilience Inventory, 31689 2012-12896 Rehabilitation Needs Inventory, 31690 2012-12897 Wage Wage and Hour Division PROPOSED RULES Child Labor Regulations, Orders and Statements of Interpretation:

Child Labor Violations, Civil Money Penalties, 31549-31551 2012-12954 Separate Parts In This Issue Part II Environmental Protection Agency, 31692-31718 2012-12415 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. 77 103 Tuesday, May 29, 2012 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No.

FAA-2012-0494; Directorate Identifier 2012-NM-088-AD; Amendment 39-17069; AD 2012-11-06] RIN 2120-AA64 Airworthiness Directives; Gulfstream Aerospace Corporation Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive

(AD)for all Gulfstream Aerospace Corporation Model G-1159, G-1159A, and G-1159B airplanes. This AD requires, for certain airplanes, a measurement to determine the clearance

(gap)of the exposed rounded portion of the doubler and clothespin fitting at the wing-to-fuselage attachment, and repair if necessary. This AD also requires, for certain other airplanes, determining if a certain aircraft service change has been incorporated, and for affected airplanes, a measurement to determine the clearance

(gap)of the exposed rounded portion of the doubler and clothespin fitting at the wing-to-fuselage attachment, and repair if necessary. This AD was prompted by a report of an improper structural modification that had excessive gaps in the wing-to-fuselage attachment fittings. We are issuing this AD to detect and correct excessive gaps in the wing-to-fuselage attachment fittings, which could result in reduced structural integrity at the wing-to-fuselage attachment and consequent separation of the wing from the airplane. DATES: This AD is effective May 29, 2012. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of May 29, 2012. We must receive comments on this AD by July 13, 2012. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Gulfstream Aerospace Corporation, Technical Publications Dept., P.O. Box 2206, Savannah, Georgia 31402-2206; telephone 800-810-4853; fax 912-965-3520; email p *ubs@gulfstream.com* ; Internet *http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm.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 street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Michael Cann, Senior Aerospace Engineer, Airframe Branch, ACE-117A, Atlanta Aircraft Certification Office, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone:

(404)474-5548; fax

(404)474-5606; email: *michael.cann@faa.gov.* SUPPLEMENTARY INFORMATION: Discussion We received a report of an improper structural modification that resulted in excessive gaps in the wing-to-fuselage attachment fittings on a number of airplanes. The modification specified in Gulfstream Model G-1159A (also known as

(aka)G-III) and G-1159B (aka G-IIB) Aircraft Service Change

(ASC)229 and G-1159 (aka G-II) ASC 426 installs a new three-piece box fitting on the left and right side wing-to-fuselage installations, including new part number 1159SB30175-11/-12 doublers. During a routine corrosion inspection on a Model G-1159A (G-III) airplane, it was observed that the aft wing-to-fuselage attach fitting had an assembly gap exceeding the gap allowed by type design. This condition results in a transfer of wing loads through a different load path resulting in negative margins of safety in the upper bolt and lower bolt in bearing. A records review revealed that this condition was the result of an improper structural modification. This records search also revealed that six other Model G-1159 (G-II) and G-1159A (G-III) airplanes incorporated the modification. All seven airplanes have been inspected, and four airplanes were found not to be in conformity with the type design, two are in conformity to the type design, and no data are available on the other. A further search has revealed that a similar nonconforming condition was found on a total of six airplanes. Of those, one airplane does not conform to type design, and no further information is available for the other five airplanes. Based on this information, it is possible that other Model G-1159 (G-II), G-1159B (G-IIB), and G-1159A (G-III) airplanes could potentially exhibit the same condition. The excessive clearance between the structural members results in a change in load path and reduced structural strength of the assembly below certified limits. This condition, if not corrected, could result in reduced structural integrity at the wing-to-fuselage attachment and consequent separation of the wing from the airplane. Relevant Service Information We reviewed Gulfstream III Alert Customer Bulletin 21, including Service Reply Card, dated May 18, 2012 (for Model G-1159A airplanes); and Gulfstream II/IIB Alert Customer Bulletin 36, including Service Reply Card, dated May 18, 2012 (for Model G-1159 and G-1159B airplanes). This service information describes procedures for a measurement to determine the clearance

(gap)of the exposed rounded portion of the doubler and clothespin fitting at the wing-to-fuselage attachment, and contacting Gulfstream if necessary. We have also reviewed Gulfstream III Alert Customer Bulletin 22, including Service Reply Card, dated May 18, 2012 (for Model G-1159A airplanes); and Gulfstream II/IIB Alert Customer Bulletin 37, including Service Reply Card, dated May 18, 2012 (for Model G-1159 and G-1159B airplanes). This service information describes procedures for determining if a certain airplane service change has been incorporated, and, for affected airplanes, a measurement to determine the clearance

(gap)of the exposed rounded portion of the doubler and clothespin fitting at the wing-to-fuselage attachment, and contacting Gulfstream if necessary. FAA's Determination We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of these same type designs. AD Requirements This AD requires accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between the AD and the Service Information.” The AD also requires sending the measurement results to Gulfstream. Differences Between the AD and the Service Information Although the service information specifies that operators may contact the manufacturer for disposition of certain repair conditions, this AD requires operators to repair those conditions in accordance with a method approved by the FAA. Interim Action We consider this AD interim action. The manufacturer is currently developing a modification intended to address the unsafe condition identified in this AD. Once this modification is developed, approved, and available, we might consider additional rulemaking. FAA's Justification and Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because of the discovery of an improper structural modification that had excessive gaps in the wing-to-fuselage attachment fittings. We are issuing this AD to detect and correct excessive gaps in the wing-to-fuselage attachment fittings, which could result in reduced structural integrity at the wing-to-fuselage attachment. Therefore, we find that notice and opportunity for prior public comment are impracticable and that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2012-0494 and Directorate Identifier 2012-NM-088-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Costs of Compliance We estimate that this AD affects 223 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 Number of U.S. operators Cost on U.S. operators Records Review 1 work-hour × $85 per hour = $85 $0 $85 210 $17,850 Measurement 4 work-hours × $85 per hour = $340 0 340 13 4,420 We estimate the following costs to do any necessary measurements and repairs that would be required based on the results of the measurement. We have no way of determining the number of aircraft that might need these actions: On-Condition Costs Action Labor cost Parts cost Cost per product Measurement 4 work-hours $0 $340 We have received no definitive data that would enable us to provide cost estimates for the on-condition repair specified in 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 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): **2012-11-06 Gulfstream Aerospace Corporation:** Amendment 39-17069; Docket No. FAA-2012-0494; Directorate Identifier 2012-NM-088-AD.

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

(b)Affected ADs None.

(c)Applicability This AD applies to all Gulfstream Aerospace Corporation Model G-1159, G-1159A, and G-1159B airplanes; certificated in any category.

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

(ATA)of America Code 57, Wings; and 53, Fuselage.

(e)Unsafe Condition This AD was prompted by a report of an improper structural modification that had excessive gaps in the wing-to-fuselage attachment fittings. We are issuing this AD to detect and correct excessive gaps in the wing-to-fuselage attachment fittings, which could result in reduced structural integrity at the wing-to-fuselage attachment and consequent separation of the wing from the airplane.

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

(g)Measurement and Repair For airplanes identified in paragraphs (g)(1) and (g)(2) of this AD: Before further flight, measure to determine the clearance

(gap)of the exposed rounded portion of the doubler and clothespin fitting at the wing-to-fuselage attachment, in accordance with Gulfstream III Alert Customer Bulletin 21, including Service Reply Card, dated May 18, 2012 (for Model G-1159A airplanes); or Gulfstream II/IIB Alert Customer Bulletin 36, including Service Reply Card, dated May 18, 2012 (for Model G-1159 and G-1159B airplanes). If the clearance exceeds the limit specified in Gulfstream III Alert Customer Bulletin 21, including Service Reply Card, dated May 18, 2012 (for Model G-1159A airplanes); or Gulfstream II/IIB Alert Customer Bulletin 36, including Service Reply Card, dated May 18, 2012 (for Model G-1159 and G-1159B airplanes); before further flight, repair in accordance with a method approved by the Manager, Atlanta Aircraft Certification Office (ACO), FAA. For a repair method to be approved by the Manager, Atlanta ACO, as required by this paragraph, the Manager's approval letter must specifically refer to this AD.

(1)Model G-1159, and G-1159B airplanes, having serial numbers (S/N) 083, 084, 096, 130, 176, 202, 238, 239, and 240.

(2)Model G-1159A airplanes, having S/N 346, 355, 385, and 486.

(h)Records Review, Measurement, and Repair For all airplanes except those identified in paragraph

(g)of this AD: Within 10 flight hours or 60 days after the effective date of this AD, whichever occurs first, do a review of airplane maintenance records to determine if the aircraft service change specified in Gulfstream III Alert Customer Bulletin 22, including Service Reply Card, dated May 18, 2012 (for Model G-1159A airplanes); or Gulfstream II/IIB Alert Customer Bulletin 37, including Service Reply Card, dated May 18, 2012 (for Model G-1159 and G-1159B airplanes); has been incorporated.

(1)For airplanes on which the aircraft service change specified in Gulfstream III Alert Customer Bulletin 22, including Service Reply Card, dated May 18, 2012 (for Model G-1159A airplanes); or Gulfstream II/IIB Alert Customer Bulletin 37, including Service Reply Card, dated May 18, 2012 (for Model G-1159 and G-1159B airplanes); has not been incorporated: No more work is required by this AD.

(2)For airplanes on which the aircraft service change specified in Gulfstream III Alert Customer Bulletin 22, including Service Reply Card, dated May 18, 2012 (for Model G-1159A airplanes); or Gulfstream II/IIB Alert Customer Bulletin 37, including Service Reply Card, dated May 18, 2012 (for Model G-1159 and G-1159B airplanes); has been incorporated: Within 10 flight hours or 60 days after the effective date of this AD, whichever occurs first, measure to determine the clearance

(gap)of the exposed rounded portion of the doubler and clothespin fitting at the wing-to-fuselage attachment, in accordance with Gulfstream III Alert Customer Bulletin 22, including Service Reply Card, dated May 18, 2012 (for Model G-1159A airplanes); or Gulfstream II/IIB Alert Customer Bulletin 37, including Service Reply Card, dated May 18, 2012 (for Model G-1159 and G-1159B airplanes). If the clearance exceeds the limit specified in Gulfstream III Alert Customer Bulletin 22, including Service Reply Card, dated May 18, 2012 (for Model G-1159A airplanes); or Gulfstream II/IIB Alert Customer Bulletin 37, including Service Reply Card, dated May 18, 2012 (for Model G-1159 and G-1159B airplanes); before further flight, repair in accordance with a method approved by the Manager, Atlanta ACO, FAA. For a repair method to be approved by the Manager, Atlanta, ACO, as required by this paragraph, the Manager's approval letter must specifically refer to this AD.

(i)Reporting Submit a report of the findings of any measurement required by paragraph

(g)or

(h)of this AD to Gulfstream, at the applicable time specified in paragraph (i)(1) or (i)(2) of this AD, using the Service Reply Card of the applicable customer bulletin specified in paragraph

(g)or

(h)of this AD. The report must include the measurement results, a description of any discrepancies found, the airplane serial number, and the number of landings and flight hours on the airplane. Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget

(OMB)has approved the information collection requirements contained in this AD and has assigned OMB Control Number 2120-0056.

(1)If the measurement was done on or after the effective date of this AD: Submit the report within 10 days after the measurement.

(2)If the measurement was done before the effective date of this AD: Submit the report within 10 days after the effective date of this AD.

(j)Special Flight Permit 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.

(k)Paperwork Reduction Act Burden Statement 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.

(l)Alternative Methods of Compliance (AMOCs)

(1)The Manager, Atlanta ACO, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD.

(2)Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

(m)Related Information For more information about this AD, contact Michael Cann, Senior Aerospace Engineer, Airframe Branch, ACE-117A, Atlanta Aircraft Certification Office, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone:

(404)474-5548; fax

(404)474-5606; email: *michael.cann@faa.gov.*

(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.

(2)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)Gulfstream III Alert Customer Bulletin 21, including Service Reply Card, dated May 18, 2012.

(ii)Gulfstream III Alert Customer Bulletin 22, including Service Reply Card, dated May 18, 2012.

(iii)Gulfstream II/IIB Alert Customer Bulletin 36, including Service Reply Card, dated May 18, 2012.

(iv)Gulfstream II/IIB Alert Customer Bulletin 37, including Service Reply Card, dated May 18, 2012.

(3)For service information identified in this AD, contact Gulfstream Aerospace Corporation, Technical Publications Dept., P.O. Box 2206, Savannah, Georgia 31402-2206; telephone 800-810-4853; fax 912-965-3520; email *pubs@gulfstream.com;* Internet *http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm.*

(4)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.

(5)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 22, 2012. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012-13034 Filed 5-25-12; 8:45 am]

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