Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations 65799 

Dated: October 21, 2012. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2012–26467 Filed 10–30–12; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0596; Directorate 

Identifier 2011–NM–245–AD; Amendment 

39–17236; AD 2012–21–20] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Airbus Model A330–200 freighter series 

airplanes, Model A330–200 and –300 

series airplanes, and Model A340–200, 

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

This AD was prompted by reports of the 

ram air turbine (RAT) not deploying 

when tested. This AD requires 

identification of the supplier, part 

number, and serial number of the 

installed RAT actuator, and reidentification of the actuator and RAT, 

or replacement of the RAT actuator with 

a serviceable unit and re-identification 

of the RAT, if necessary. We are issuing 

this AD to prevent non-deployment of 

the RAT, which if occurred following a 

total engine flame-out, or during a total 

loss of normal electrical power 

generation, could result in reduced 

control of the airplane. 

DATES: This AD becomes effective 

December 5, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of December 5, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

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: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on June 18, 2012 (77 FR 36209). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

During a production test flight, a Ram Air 

Turbine (RAT) did not deploy when tested. 

An investigation, conducted by the RAT 

manufacturer Hamilton Sundstrand (HS) and 

Arkwin Industries, revealed that the RAT did 

not deploy due to insufficient stroke inside 

one of the actuator deployment solenoids. 

This condition, if occurring following a 

total engine flame out, or during a total loss 

of normal electrical power generation, could 

possibly result in reduced control of the 

aeroplane. 

For the reasons described above, this 

[European Aviation Safety Agency] AD 

requires the modification of the affected RAT 

actuator deployment mechanism, or 

replacement of the RAT actuator with a 

modified unit. 

The required actions include 

identification of the supplier, part 

number, and serial number of the 

installed RAT actuator, and reidentification of the actuator and RAT, 

or replacement of the RAT actuator with 

a serviceable unit and re-identification 

of the RAT, if necessary. You may 

obtain further information by examining 

the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (77 

FR 36209, June 18, 2012) or on the 

determination of the cost to the public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed—except for minor editorial 

changes and re-identification of the subparagraphs of paragraphs (g) and (h) of 

this final rule. We have determined that 

these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

36209, June 18, 2012) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 36209, 

June 18, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

56 products of U.S. registry. We also 

estimate that it will take about 14 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $0 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of this AD 

to the U.S. operators to be $66,640, or 

$1,190 per product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 13 work-hours and require parts 

costing $0, for a cost of $1,105 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

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); 

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65800 Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains the NPRM (77 FR 36209, June 

18, 2012), the regulatory evaluation, any 

comments received, and other 

information. The street address for the 

Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2012–21–20 Airbus: Amendment 39–17236. 

Docket No. FAA–2012–0596; Directorate 

Identifier 2011–NM–245–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective December 5, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the airplanes identified 

in paragraphs (c)(1) and (c)(2) of this AD, 

certificated in any category. 

(1) Airbus Model A330–201, –202, –203, 

–223, –243, –223F –243F, –301, –302, –303, 

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

airplanes, all manufacturer serial numbers 

(MSN); except those on which Airbus 

modification 201043 has been embodied in 

production. 

(2) Airbus Model A340–211, –212, –213, 

–311, –312, –313, –541, and –642 airplanes, 

all MSN; except those on which Airbus 

modification 201043 or 201042 has been 

embodied in production. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 29: Hydraulic Power. 

(e) Reason 

This AD was prompted by reports of the 

ram air turbine (RAT) not deploying when 

tested. We are issuing this AD to prevent 

non-deployment of the RAT, which if 

occurred following a total engine flame-out, 

or during a total loss of normal electrical 

power generation, could result in reduced 

control of the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Identification and Replacement for 

Certain Airbus Model A330, and A340–200 

and –300 Airplanes 

For Airbus Model A330–200 freighter 

series airplanes, Model A330–200 and –300 

series airplanes, and Model A340–200 and 

–300 series airplanes: Within 15,000 flight 

hours or 36 months, whichever occurs first 

after the effective date of this AD, identify the 

supplier, part number (P/N), and serial 

number (S/N) of the installed RAT actuator, 

in accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A330–29–3114, dated May 18, 2011 

(for Model A330–200 freighter series 

airplanes, and Model A330–200 and –300 

series airplanes); or Airbus Mandatory 

Service Bulletin A340–29–4089, dated May 

18, 2011 (for Model A340–200 and –300 

series airplanes). 

(1) If the supplier identified is Arkwin, and 

the identified actuator part number and serial 

number are listed as already modified in 

Hamilton Sundstrand Service Bulletin 

ERPS06M–29–18, dated March 8, 2011, but 

not yet re-identified: Before further flight, reidentify the actuator and the RAT, in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A330–29–3114, dated May 18, 2011 

(for Model A330–200 freighter series 

airplanes, and Model A330–200 and –300 

series airplanes); or Airbus Mandatory 

Service Bulletin A340–29–4089, dated May 

18, 2011 (for Model A340–200 and –300 

series airplanes). 

(2) If the supplier identified is Arkwin 

Industries and the identified actuator part 

number and serial number are listed as not 

modified as specified in Hamilton 

Sundstrand Service Bulletin ERPS06M–29– 

18, dated March 8, 2011: Before further flight, 

replace the RAT actuator with a serviceable 

unit, and re-identify the RAT, in accordance 

with the Accomplishment Instructions of 

Airbus Mandatory Service Bulletin A330–29– 

3114, dated May 18, 2011 (for Model A330– 

200 freighter series airplanes, and Model 

A330–200 and –300 series airplanes); or 

Airbus Mandatory Service Bulletin A340–29– 

4089, dated May 18, 2011 (for Model A340– 

200 and –300 series airplanes). 

(h) Identification and Replacement for 

Certain Airbus Model A340–500 and –600 

Airplanes 

For Model A340–500 and –600 airplanes: 

Within 15,000 flight hours or 36 months, 

whichever occurs first after the effective date 

of this AD, identify the part number and 

serial number of the installed RAT actuator, 

in accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A340–29–5018, dated May 18, 2011. 

(1) If the identified actuator part number 

and serial number are listed as already 

modified as specified in Hamilton 

Sundstrand Service Bulletin ERPS33T–29–5, 

dated March 8, 2011, but not yet reidentified: Before further flight, re-identify 

the actuator and the RAT, in accordance with 

the Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A340–29–5018, 

dated May 18, 2011. 

(2) If the identified actuator part number 

and serial number are listed as not modified 

as specified in Hamilton Sundstrand Service 

Bulletin ERPS33T–29–5, dated March 8, 

2011: Before further flight, replace the RAT 

actuator with a serviceable unit, and reidentify the RAT, in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A340–29–5018, 

dated May 18, 2011. 

(i) Parts Installation Limitations 

(1) As of the effective date of this AD, no 

person may install any RAT actuator having 

P/N 5912958 or P/N 1211575–001, or any 

RAT having P/N 1702934A having a serial 

number listed as affected in Hamilton 

Sundstrand Service Bulletin ERPS06M–29– 

18, dated March 8, 2011, on any airplane, 

unless the RAT actuator has been replaced 

with a serviceable unit and the RAT has been 

re-identified, as applicable, in accordance 

with the Accomplishment Instructions of 

Airbus Mandatory Service Bulletin A330–29– 

3114, dated May 18, 2011 (for Model A330– 

200 freighter series airplanes, and Model 

A330–200 and –300 series airplanes); or 

Airbus Mandatory Service Bulletin A340–29– 

4089, dated May 18, 2011 (for Model A340– 

200 and –300 series airplanes). 

(2) As of the effective date of this AD, no 

person may install any RAT actuator having 

P/N 5912536 or P/N 1211526–002, or any 

RAT having P/N 772722F having a serial 

number listed as affected in Hamilton 

Sundstrand Service Bulletin ERPS33T–29–5, 

dated March 8, 2011, on any airplane, unless 

the RAT actuator has been replaced with a 

serviceable unit and the RAT has been reidentified, as applicable, in accordance with 

the Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A340–29–5018, 

dated May 18, 2011. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

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Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations 65801 

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 emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(k) Related Information 

Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2011–0204, 

dated October 14, 2011, and the service 

information specified in paragraphs (k)(1), 

(k)(2), (k)(3), (k)(4), and (k)(5) of this AD, for 

related information. 

(1) Airbus Mandatory Service Bulletin 

A330–29–3114, dated May 18, 2011. 

(2) Airbus Mandatory Service Bulletin 

A340–29–4089, dated May 18, 2011. 

(3) Airbus Mandatory Service Bulletin 

A340–29–5018, dated May 18, 2011. 

(4) Hamilton Sundstrand Service Bulletin 

ERPS06M–29–18, dated March 8, 2011. 

(5) Hamilton Sundstrand Service Bulletin 

ERPS33T–29–5, dated March 8, 2011. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Airbus Mandatory Service Bulletin 

A330–29–3114, dated May 18, 2011. 

(ii) Airbus Mandatory Service Bulletin 

A340–29–4089, dated May 18, 2011. 

(iii) Airbus Mandatory Service Bulletin 

A340–29–5018, dated May 18, 2011. 

(iv) Hamilton Sundstrand Service Bulletin 

ERPS06M–29–18, dated March 8, 2011. 

(v) Hamilton Sundstrand Service Bulletin 

ERPS33T–29–5, dated March 8, 2011. 

(3) For Airbus service information 

identified in this 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; email airworthiness.A330- 

A340@airbus.com; Internet http:// 

www.airbus.com. For Hamilton Sunstrand 

service information identified in this AD, 

contact Hamilton Sundstrand, Technical 

Publications, Mail Stop 302–9, 4747 Harrison 

Avenue, P.O. Box 7002, Rockford, Illinois 

61125–7002; telephone 860–654–3575; fax 

860–998–4564; email 

tech.solutions@hs.utc.com; Internet http:// 

www.hamiltonsundstrand.com. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(5) You may view this 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/ibrlocations.html. 

Issued in Renton, Washington, on October 

12, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–26171 Filed 10–30–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0642; Directorate 

Identifier 2011–NM–262–AD; Amendment 

39–17232; AD 2012–21–16] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

SYSTEMS (OPERATIONS) LIMITED 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

BAE SYSTEMS (OPERATIONS) 

LIMITED Model BAe 146 series 

airplanes and Model Avro 146–RJ series 

airplanes. This AD was prompted by 

hydraulic pipe ruptures in the center of 

the cabin resulting in passengers being 

contaminated with hydraulic fluid. This 

AD requires installing a hydraulic fluid 

containment system. We are issuing this 

AD to prevent harmful or hazardous 

concentrations of hydraulic fluid or 

hydraulic vapor from entering the 

passenger compartment, possibly 

resulting in injury to the passengers. 

DATES: This AD becomes effective 

December 5, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 5, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone (425) 227–1175; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on June 21, 2012 (77 FR 37340). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The Mandatory Continuing 

Airworthiness Information (MCAI) 

states: 

Cases of hydraulic pipe ruptures in the 

centre of the cabin of BAe 146 aeroplanes 

have been reported, which have resulted in 

the passengers being contaminated with 

hydraulic fluid. The results of the 

investigations have shown that the pipe 

failures were caused by a combination of 

seam welded pipes, bends in the pipe runs 

with small bend radii and fatigue damage 

due to pressure variations. 

This condition, if not corrected, could lead 

to harmful or hazardous concentrations of 

hydraulic fluid or hydraulic vapour entering 

the passenger compartment, possibly 

resulting in injury to the occupants. 

For the reasons described above, this 

[European Aviation Safety Agency] AD 

requires the installation of a flexible 

envelope around the hydraulic pipe group 

where the failures have occurred to capture 

and contain any fluid escaping from a burst 

pipe and channel it below floor level into the 

forward cargo bay. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Request for Exclusion of Airtankers 

Neptune Aviation Services requested 

a change in the text of paragraph (c) 

‘‘Applicability,’’ of the NPRM (77 FR 

37340, June 21, 2012) to include an 

‘‘exemption’’ for an airplane operated as 

an ‘‘airtanker,’’ which does not carry 

passengers. 

We partially agree with the request to 

change the text in paragraph (c) of this 

AD. We disagree with using the term 

‘‘airtanker’’; however, we have revised 

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