15872 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Proposed Rules 

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. 

Related Information 

(i) Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2010–0178, 

dated August 23, 2010; Airbus Mandatory 

Service Bulletin A300–24–6106, dated March 

31, 2010; and Airbus Mandatory Service 

Bulletin A310–24–2106, dated May 27, 2010; 

for related information. 

Issued in Renton, Washington, on March 

14, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–6614 Filed 3–21–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0225; Directorate 

Identifier 2010–NM–211–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200 and –300 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

* * * * * 

The airworthiness limitations applicable to 

the Safe Life Airworthiness Limitation Items 

(SL ALI) are given in Airbus A330 ALS Part 

1 and A340 ALS Part 1, which are approved 

by the European Aviation Safety Agency 

(EASA). 

The revision 05 of Airbus A340 ALS Part 

1 introduces more restrictive maintenance 

requirements and/or airworthiness 

limitations. Failure to comply with this 

revision constitutes an unsafe condition. 

For A330 aeroplanes, this EASA AD retains 

the requirements of EASA AD 2010–0131, 

which it supersedes. 

For A340 aeroplanes, this EASA AD 

supersedes EASA AD 2009–0192, and 

requires the implementation of the new or 

more restrictive maintenance requirements 

and/or airworthiness limitations as specified 

in Airbus A340 ALS Part 1, revision 05. 

The unsafe condition is fatigue cracking, 

damage, and corrosion in certain 

structure, which could result in reduced 

structural integrity of the airplane. The 

proposed AD would require actions that 

are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by May 6, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–40, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus SAS— 

Airworthiness Office—EAL, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 45 80, e-mail 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.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 Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1138; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2011–0225; Directorate Identifier 

2010–NM–211–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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 proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2010–0253, 

dated December 3, 2010 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

The airworthiness limitations are currently 

distributed in the Airbus A330 Airworthiness 

Limitations Section (ALS) and A340 ALS. 

The airworthiness limitations applicable to 

the Safe Life Airworthiness Limitation Items 

(SL ALI) are given in Airbus A330 ALS Part 

1 and A340 ALS Part 1, which are approved 

by the European Aviation Safety Agency 

(EASA). 

The revision 05 of Airbus A340 ALS Part 

1 introduces more restrictive maintenance 

requirements and/or airworthiness 

limitations. Failure to comply with this 

revision constitutes an unsafe condition. 

For A330 aeroplanes, this EASA AD retains 

the requirements of EASA AD 2010–0131, 

which it supersedes. 

For A340 aeroplanes, this EASA AD 

supersedes EASA AD 2009–0192, and 

requires the implementation of the new or 

more restrictive maintenance requirements 

and/or airworthiness limitations as specified 

in Airbus A340 ALS Part 1, revision 05. 

The unsafe condition is fatigue cracking, 

damage, and corrosion in certain 

structure, which could result in reduced 

structural integrity of the airplane. You 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Proposed Rules 15873 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued A330 ALS Part 1, 

‘‘Safe Life Airworthiness Limitation 

Items,’’ Revision 05, dated July 29, 2010. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

Related Rulemaking 

On April 20, 2006, we issued AD 

2006–09–07, Amendment 39–14577 (71 

FR 25919, May 3, 2006), that applies to 

Airbus Model A330–200 and –300 series 

airplanes and Model A340–200, –300, 

–500, and –600 series airplanes. That 

AD requires revising the airworthiness 

limitations section of the instructions 

for continued airworthiness to 

incorporate new information. This 

NPRM would include the requirements 

of paragraph (f)(2) of AD 2006–09–07 for 

Model A330 airplanes. 

Additionally, on February 3, 2011, we 

issued AD 2011–04–06, Amendment 

39–16606 (76 FR 8610, February 15, 

2011), for Airbus Model A340–200, 

–300, –500, and –600 series airplanes, to 

require revising the maintenance 

program. Doing this revision terminates 

the requirements of AD 2006–09–07 for 

Model A340 airplanes. 

We are also considering issuance of 

another NPRM related to this NPRM. 

The NPRM we are considering, 

Directorate Identifier 2010–NM–210– 

AD, would supersede AD 2006–09–07 

and would restate the requirements of 

paragraph (f)(1) of AD 2006–09–07. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 55 products of U.S. registry. 

The actions that are required by AD 

2006–09–07, take about 1 work-hour per 

product, at an average labor rate of $85 

per work hour. Based on these figures, 

the estimated cost of the currently 

required actions is $85 per product. 

We estimate that it would take about 

1 work-hour per product to comply with 

the requirements of this proposed AD. 

The average labor rate is $85 per workhour. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $4,675, or $85 per 

product. 

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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 this proposed 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); and 

3. 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 proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Airbus: Docket No. FAA–2011–0225; 

Directorate Identifier 2010–NM–211–AD. 

Comments Due Date 

(a) We must receive comments by May 6, 

2011. 

Affected ADs 

(b) AD 2006–09–07, Amendment 39– 

14577, is affected by this AD. The 

requirements of paragraph (f)(2) of AD 2006– 

09–07 for Airbus Model A330 airplanes are 

restated in this AD. 

Applicability 

(c) This AD applies to Airbus Model A330– 

201, –202, –203, –223, –223F, –243, and 

–243F airplanes, and Model A330–301, –302, 

–303, –321, –322, –323, –341, –342, and –343 

airplanes, certificated in any category, all 

manufacturer serial numbers. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance according 

to paragraph (j)(1) of this AD. The request 

should include a description of changes to 

the required inspections that will ensure the 

continued operational safety of the airplane. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
15874 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Proposed Rules 

Subject 

(d) Air Transport Association (ATA) of 

America Code 05. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

* * * * * 

The airworthiness limitations applicable to 

the Safe Life Airworthiness Limitation Items 

(SL ALI) are given in Airbus A330 ALS Part 

1 and A340 ALS Part 1, which are approved 

by the European Aviation Safety Agency 

(EASA). 

The revision 05 of Airbus A340 ALS Part 

1 introduces more restrictive maintenance 

requirements and/or airworthiness 

limitations. Failure to comply with this 

revision constitutes an unsafe condition. 

For A330 aeroplanes, this EASA AD retains 

the requirements of EASA AD 2010–0131, 

which it supersedes. 

For A340 aeroplanes, this EASA AD 

supersedes EASA AD 2009–0192, and 

requires the implementation of the new or 

more restrictive maintenance requirements 

and/or airworthiness limitations as specified 

in Airbus A340 ALS Part 1, revision 05. 

The unsafe condition is fatigue cracking, 

damage, and corrosion in certain structure, 

which could result in reduced structural 

integrity of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Restatement of Requirements of Paragraph 

(f)(2) of AD 2006–09–07 

Airworthiness Limitations Revision 

(g) For Model A330–201, –202, –203, –223, 

–243, –301, –302, –303, –321, –322, –323, 

–341, –342, and –343 airplanes: Within 3 

months after June 7, 2006 (the effective date 

of AD 2006–09–07), revise the ALS of the 

Instructions for Continued Airworthiness by 

incorporating Section 9–1 ‘‘Life limits 

monitored parts’’ Revision 05, dated April 7, 

2005, of the Airbus A330 Maintenance 

Planning Document, into the ALS. 

New Requirements of This AD 

Revise the Maintenance Program 

(h) Within 3 months after the effective date 

of this AD: Revise the maintenance program 

by incorporating Airbus A330 ALS Part 1, 

‘‘Safe Life Airworthiness Limitation Items,’’ 

Revision 05, dated July 29, 2010. Comply 

with all Airbus Safe Life ALS Part 1, ‘‘A330 

Airworthiness Limitation Items,’’ Revision 

05, dated July 29, 2010, at the times specified 

therein. Accomplishing the revision in this 

paragraph ends the requirements in 

paragraph (g) of this AD. 

Alternative Intervals or Limits 

(i) Except as provided by paragraph (j)(1) 

of this AD, after accomplishing the actions 

specified in paragraph (h) of this AD, no 

alternatives to the maintenance tasks, 

intervals, or limitations specified in 

paragraph (h) of this AD may be used. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: 

(1) Although the applicability in the MCAI 

also identifies Airbus Model A340–200 –300, 

–500, and –600 series airplanes; this AD only 

applies to Airbus Model A330–200 and –300 

series airplanes. FAA AD 2011–04–06 

addresses Model A340–200, –300, –500, and 

–600 series airplanes. 

(2) The applicability in the MCAI does not 

specify Model A330–223F and –243F 

airplanes. Those models are listed in the 

applicability of this AD. 

(3) The MCAI requires incorporating 

Airbus A330 ALS Part 1, ‘‘Safe Life 

Airworthiness Limitation Items,’’ Revision 

04, dated January 28, 2010; however, this AD 

requires incorporating Airbus A330 ALS Part 

1, ‘‘Safe Life Airworthiness Limitation Items,’’ 

Revision 05, dated July 29, 2010, which adds 

the airworthiness limitation items for Model 

A330–223F and –243F airplanes. 

Other FAA AD Provisions 

(j) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 227–1138; fax (425) 

227–1149. Information may be e-mailed 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. 

Related Information 

(k) Refer to MCAI EASA Airworthiness 

Directive 2010–0253, dated December 3, 

2010; and Airbus A330 ALS Part 1, ‘‘Safe Life 

Airworthiness Limitation Items,’’ Revision 

05, dated July 29, 2010; for related 

information. 

Issued in Renton, Washington, on March 

14, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–6644 Filed 3–21–11; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 240 

[Release No. 34–64087; File No. S7–10–11] 

RIN 3235–AK98 

Beneficial Ownership Reporting 

Requirements and Security-Based 

Swaps 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Proposed rule. 

SUMMARY: To preserve the application of 

our existing beneficial ownership rules 

to persons who purchase or sell 

security-based swaps after the effective 

date of new Section 13(o) of the 

Securities Exchange Act of 1934, we are 

proposing to readopt without change the 

relevant portions of Rules 13d–3 and 

16a–1. The proposals are intended to 

clarify that following the July 16, 2011 

statutory effective date of Section 13(o), 

which was added by Section 766 of the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act (‘‘Dodd-Frank 

Act’’), persons who purchase or sell 

security-based swaps will remain within 

the scope of these rules to the same 

extent as they are now. 

DATES: Comments should be received on 

or before April 15, 2011. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/proposed.shtml); 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number S7–10–11 on the subject line; 

or 

• Use the Federal Rulemaking Portal 

(http://www.regulations.gov). Follow the 

instructions for submitting comments. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number S7–10–11. This file number 

should be included on the subject line 

if e-mail is used. To help us process and 

review your comments more efficiently, 

please use only one method. The 

Commission will post all comments on 

the Commission’s Internet website 

(http://www.sec.gov/rules/ 

proposed.shtml). Comments are also 

available for website viewing and 


srobinson on DSKHWCL6B1PROD with PROPOSALS