19724 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Proposed Rules 

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. 

Related Information 

(k) Refer to MCAI European Aviation 

Safety Agency (EASA) Airworthiness 

Directive 2010–0134, dated June 30, 2010; 

and 328 Support Services Service Bulletins 

SB–328–55–493 and SB–328J–55–245, both 

dated April 21, 2010; for related information. 

Issued in Renton, Washington, on March 

31, 2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–8414 Filed 4–7–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0309; Directorate 

Identifier 2010–NM–255–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A300 B4–600, B4–600R, and F4–600R 

Series Airplanes, and Model C4–605R 

Variant F Airplanes (Collectively Called 

A300–600 Series Airplanes); and Model 

A310 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: 

A specific failure case of the THSA 

[trimmable horizontal stabilizer actuator] 

upper primary attachment, which may result 

in a loading of the upper secondary 

attachment, has been identified by analysis. 

Primary load path failure can be caused by 

bearing migration from the upper attachment 

gimbal by failure or loss of a retention bolt. 

In case of failure of the THSA upper 

primary attachment, the THSA upper 

secondary attachment would engage. Because 

the upper attachment secondary load path 

can only withstand the loads for a limited 

period of time, the condition where it would 

be engaged could lead, if not detected, to the 

failure of the secondary load path, which 

would likely result in loss of control of the 

aeroplane. 

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 23, 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— 

EAW (Airworthiness Office), 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 44 51; e-mail 

account.airworth-eas@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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2125; 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–2011–0309; Directorate Identifier 

2010–NM–255–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 2010–0224, 

dated November 4, 2010 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

A specific failure case of the THSA 

[trimmable horizontal stabilizer actuator] 

upper primary attachment, which may result 

in a loading of the upper secondary 

attachment, has been identified by analysis. 

Primary load path failure can be caused by 

bearing migration from the upper attachment 

gimbal by failure or loss of a retention bolt. 

In case of failure of the THSA upper 

primary attachment, the THSA upper 

secondary attachment would engage. Because 

the upper attachment secondary load path 

can only withstand the loads for a limited 

period of time, the condition where it would 

be engaged could lead, if not detected, to the 

failure of the secondary load path, which 

would likely result in loss of control of the 

aeroplane. 

For the reasons explained above, this AD 

requires installation of three secondary 

retention plates for the gimbal bearings on 

the THSA upper primary attachment. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletins A300–27–6066 (for Model 

A300–600 series airplanes) and A310– 

27–2103 (for Model A310 series 

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Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Proposed Rules 19725 

airplanes), both dated June 10, 2010. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This 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 215 products of U.S. registry. We 

also estimate that it would take 4 workhours per product to comply with the 

basic requirements of this proposed AD. 

The average labor rate is $85 per workhour. Required parts would cost about 

$3,021 per product. Where the service 

information lists required parts costs 

that are covered under warranty, we 

have assumed that there will be no 

charge for these costs. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$722,615, or $3,361 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–2011–0309; 

Directorate Identifier 2010–NM–255–AD. 

Comments Due Date 

(a) We must receive comments by May 23, 

2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Airbus Model 

A300 B4–601, B4–603, B4–620, and B4–622 

airplanes, Model A300 B4–605R and B4– 

622R airplanes, Model A300 F4–605R and 

F4–622R airplanes, and Model A300 C4– 

605R Variant F airplanes; and Model A310– 

203, –204, –221, –222, –304, –322, –324, and 

–325 airplanes; certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A specific failure case of the THSA 

[trimmable horizontal stabilizer actuator] 

upper primary attachment, which may result 

in a loading of the upper secondary 

attachment, has been identified by analysis. 

Primary load path failure can be caused by 

bearing migration from the upper attachment 

gimbal by failure or loss of a retention bolt. 

In case of failure of the THSA upper 

primary attachment, the THSA upper 

secondary attachment would engage. Because 

the upper attachment secondary load path 

can only withstand the loads for a limited 

period of time, the condition where it would 

be engaged could lead, if not detected, to the 

failure of the secondary load path, which 

would likely result in loss of control of the 

aeroplane. 

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. 

Installation 

(g) Within 30 months after the effective 

date of this AD, install three retention plates 

on the THSA upper primary attachment, in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A300–27–6066 (for Model A300–600 

series airplanes) or Airbus Mandatory Service 

Bulletin A310–27–2103 (for Model A310 

series airplanes), both dated June 10, 2010. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

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19726 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Proposed Rules 

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: 

Dan Rodina, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 227–2125; 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 

(i) Refer to MCAI European Aviation Safety 

Agency (EASA) Airworthiness Directive 

2010–0224, dated November 4, 2010; and 

Airbus Mandatory Service Bulletins A300– 

27–6066 and A310–27–2103, both dated June 

10, 2010. 

Issued in Renton, Washington, on March 

31, 2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–8416 Filed 4–7–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 99 

RIN 1880–AA86 

[Docket ID ED–2011–OM–0002] 

Family Educational Rights and Privacy 

AGENCY: Office of Management, 

Department of Education. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Secretary proposes to 

amend the regulations implementing 

section 444 of the General Education 

Provisions Act, which is also known as 

the Family Educational Rights and 

Privacy Act of 1974, as amended 

(FERPA). These proposed amendments 

are necessary to ensure that the 

Department’s implementation of FERPA 

continues to protect the privacy of 

education records, as intended by 

Congress, while allowing for the 

effective use of data in statewide 

longitudinal data systems (SLDS) as 

envisioned in the America Creating 

Opportunities to Meaningfully Promote 

Excellence in Technology, Education, 

and Science Act (COMPETES Act) and 

furthermore supported under the 

American Recovery and Reinvestment 

Act of 2009 (ARRA). Improved access to 

data contained within an SLDS will 

facilitate States’ ability to evaluate 

education programs, to build upon what 

works and discard what does not, to 

increase accountability and 

transparency, and to contribute to a 

culture of innovation and continuous 

improvement in education. These 

proposed amendments would enable 

authorized representatives of State and 

local educational authorities, and 

organizations conducting studies, to use 

SLDS data to achieve these important 

outcomes while protecting privacy 

under FERPA through an expansion of 

the requirements for written agreements 

and the Department’s enforcement 

mechanisms. 

DATES: We must receive your comments 

on or before May 23, 2011. Comments 

received after this date will not be 

considered. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments by fax or by e-mail. Please 

submit your comments only one time, in 

order to ensure that we do not receive 

duplicate copies. In addition, please 

include the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov to submit 

your comments electronically. 

Information on using Regulations.gov, 

including instructions for accessing 

agency documents, submitting 

comments, and viewing the docket, is 

available on the site under ‘‘How To Use 

This Site.’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery. If you mail or deliver 

your comments about these proposed 

regulations, address them to Regina 

Miles, U.S. Department of Education, 

400 Maryland Avenue, SW., 

Washington, DC 20202. 

Privacy Note: The Department’s policy for 

comments received from members of the 

public (including those comments submitted 

by mail, commercial delivery, or hand 

delivery) is to make these submissions 

available for public viewing in their entirety 

on the Federal eRulemaking Portal at 

http://www.regulations.gov. Therefore, 

commenters should be careful to include in 

their comments only information that they 

wish to make publicly available on the 

Internet. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Campbell, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Washington, DC 20202. Telephone: 

(202) 260–3887 or via Internet: 

FERPA@ed.gov. 

If you use a telecommunications 

device for the deaf, call the Federal 

Relay Service (FRS), toll free, at 1–800– 

877–8339. 

Individuals with disabilities can 

obtain this document in an accessible 

format (e.g., braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: 

Invitation to Comment 

We invite you to submit comments 

regarding these proposed regulations. 

To ensure that your comments have 

maximum effect in developing the final 

regulations, we urge you to identify 

clearly the specific section or sections of 

the proposed regulations that each of 

your comments addresses and to arrange 

your comments in the same order as the 

proposed regulations. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Order 12866 

and its overall requirement of reducing 

regulatory burden that might result from 

these proposed regulations. Please let us 

know of any further opportunities we 

should take to reduce potential costs or 

increase potential benefits while 

preserving the effective and efficient 

administration of the program. 

During and after the comment period, 

you may inspect all public comments 

about these proposed regulations by 

accessing http://www.regulations.gov. 

You may also inspect the comments in 

person in room 6W243, 400 Maryland 

Avenue, SW., Washington, DC, 20202 

between the hours of 8:30 a.m. and 4 

p.m. Eastern time, Monday through 

Friday of each week except Federal 

holidays. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record 

On request, we will supply an 

appropriate aid, such as a reader or 

print magnifier, to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for these proposed regulations. If 

you want to schedule an appointment 

for this type of aid, please contact the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Background: On February 17, 2009, 

the President signed the ARRA (Pub. L. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS