26998 Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Proposed Rules 

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 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–1405; 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. 

(j) Related Information 

Refer to MCAI EASA Airworthiness 

Directive 2011–0176, dated September 13, 

2011; and Airbus Service Bulletin A320–53– 

1244, excluding Appendix 1, dated March 

17, 2011; for related information. 

Issued in Renton, Washington, on April 29, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–11023 Filed 5–7–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0428; Directorate 

Identifier 2011–NM–078–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Airbus Model A330–243, –243F, –342, 

and –343 airplanes. This proposed AD 

was prompted by reports of cracking of 

air intake cowls on Rolls-Royce Trent 

engines, worn and detached attachment 

links, and fractured thermal anti-ice 

(TAI) piccolo tubes. This proposed AD 

would require inspecting piccolo tubes, 

piccolo tube mount links, the aft side of 

the forward bulkhead, and outer 

boundary angles (OBA) for cracks, 

fractures, and broken links, and 

corrective actions if necessary. We are 

proposing this AD to prevent degraded 

structural integrity of the engine nose 

cowl and a broken piccolo tube, which 

could lead to in-flight damage of the 

engine and reduced thermal anti-ice 

performance. 

DATES: We must receive comments on 

this proposed AD by June 22, 2012. 

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 W12–140, 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

For Airbus 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; email airworthiness.A330- 

A340@airbus.com; Internet http:// 

www.airbus.com. For Rolls-Royce 

service information identified in this 

proposed AD, contact Rolls-Royce Plc, 

Technical Publications, P.O. Box 31, 

Derby, DE24 8BJ, United Kingdom; 

telephone 44 (0) 1332 245882; fax 44 (0) 

1332 249936; Internet http://www.RollsRoyce.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–2012–0428; Directorate Identifier 

2011–NM–078–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 2011–0062, 

dated April 4, 2011 (referred to after this 

as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

During shop visit, several primary 

assembly structures of A330 aeroplanes Trent 

700 [engine] air intake cowl have been found 

with cracks in the forward bulkhead web, 

web stiffeners and outer boundary angles. 

Several attachment links have been found 

severely worn, and some had become 

detached. In 2 cases, the Thermal Anti Ice 

(TAI) Piccolo tube was found fractured. 

Investigations are still ongoing to determine 

the root cause(s). 

If not detected and corrected, a broken 

Piccolo tube in conjunction with forward 

bulkhead damage could ultimately lead to in 

flight detachment of the outer barrel, which 

would constitute an unsafe condition. 

For the reasons described above, this [EASA] 

AD requires to perform inspections of RR 

[Rolls-Royce] Trent 700 [engine] nose cowls 

and, depending on findings, to do the 

applicable corrective action(s). These 

inspections include internal inspection of 

Piccolo tube, detailed inspection of Piccolo 

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Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Proposed Rules 26999 

tube mount links, [boroscope] inspection of 

aft side of forward bulkhead and outer 

boundary angle [for cracks, fractures and 

broken links]. 

The degraded structural integrity of the 

engine nose cowl and a broken piccolo 

tube could lead to in-flight damage of 

the engine and reduced thermal anti-ice 

performance. The corrective action is 

specified as replacing the affected 

engine air intake cowl with a new or 

serviceable cowl. You may obtain 

further information by examining the 

MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletin A330–71–3025, including 

Appendices 01 and 02, dated January 

10, 2011. Rolls-Royce has issued Service 

Bulletin RB.211–71–AG416, including 

Appendix 1, dated September 3, 2010. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. The interval for repetitive 

inspections of the OBA is between 450 

flight cycles and 5,000 flight cycles 

depending on crack length; and the 

interval for the repetitive inspections of 

the forward bulkhead is between 400 

flight cycles and 5,000 flight cycles 

depending on crack length. 

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 

Figure A–FBBAA—Sheet 03 Flow 

Chart of Airbus Mandatory Service 

Bulletin A330–71–3025, including 

Appendix 01, excluding Appendix 02, 

dated January 10, 2011, specifies certain 

actions based on inspection findings of 

OBA cracking greater than 22 inches or 

bulkhead cracking greater than 13 

inches. This proposed AD specifies the 

actions to be done for OBA cracking of 

22 inches or greater and bulkhead 

cracking of 13 inches or greater. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 14 products of U.S. registry. 

We also estimate that it would take 

about 10 work-hours per engine to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$11,900 per engine, or $850 per engine. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 16 work-hours per engine for a 

cost of $1,360 per engine. We have 

received no definitive data that would 

enable us to provide material cost 

estimates for the on-condition actions 

specified in this proposed AD. 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 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); 

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 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–2012–0428; 

Directorate Identifier 2011–NM–078–AD. 

(a) Comments Due Date 

We must receive comments by June 22, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A330– 

243, –243F, –341, –342, and –343 airplanes, 

certificated in any category, all serial 

numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 71; Engine. 

(e) Reason 

This AD was prompted by reports of 

cracking of air intake cowls on Rolls-Royce 

Trent engines, worn and detached 

attachment links, and fractured thermal antiice (TAI) piccolo tubes. We are issuing this 

AD to prevent degraded structural integrity of 

the engine nose cowl and a broken piccolo 

tube, which could lead to in-flight damage of 

the engine and reduced thermal anti-ice 

performance. 

(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) Piccolo Tube Inspection 

At the applicable time specified in 

paragraph (g)(1) or (g)(2) of this AD, do a 

boroscope inspection of each air intake cowl 

assembly of each engine to detect cracked or 

fractured piccolo tubes, in accordance with 

the Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A330–71–3025, 

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27000 Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Proposed Rules 

including Appendix 01, excluding Appendix 

02, dated January 10, 2011. If any cracked or 

fractured piccolo tube is found: Before 

further flight, replace the affected engine air 

intake cowl with a new or serviceable cowl, 

in accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A330–71–3025, including Appendix 

01, excluding Appendix 02, dated January 

10, 2011. 

(1) For any air intake cowl that has 

accumulated fewer than 5,000 flight cycles 

since its first installation on an airplane as 

of the effective date of this AD: Inspect 

within 24 months after the air intake cowl 

has accumulated 5,000 total flight cycles. 

(2) For any air intake cowl that has 

accumulated 5,000 or more flight cycles since 

its first installation on an airplane as of the 

effective date of this AD: Inspect within 24 

months after the effective date of this AD. 

(h) Piccolo Link Inspection 

If the inspection findings of paragraph (g) 

of this AD indicate no cracked or fractured 

piccolo tube: Before further flight, do a 

boroscope inspection of the piccolo tube 

links to detect broken links, in accordance 

with the Accomplishment Instructions of 

Airbus Mandatory Service Bulletin A330–71– 

3025, including Appendix 01, excluding 

Appendix 02, dated January 10, 2011. If no 

broken links are found: Before further flight, 

do the actions required by paragraph (i) of 

this AD. 

(1) If 4 or more broken piccolo tube links 

are found: Before further flight, replace the 

affected engine air intake cowl with a new or 

serviceable cowl, in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A330–71–3025, 

including Appendix 01, excluding Appendix 

02, dated January 10, 2011. 

(2) If 3 or fewer broken piccolo tube links 

are found and the opposite intake cowl of the 

same engine has accumulated 5,000 flight 

cycles or less since the cowl was first 

installed on an airplane: Before further flight, 

do the actions in Figure A–FBBAA–Sheet 03 

Flow Chart of Airbus Mandatory Service 

Bulletin A330–71–3025, including Appendix 

01, excluding Appendix 02, dated January 

10, 2011, as required by paragraph (i) of this 

AD. 

(3) If 3 or fewer broken piccolo tube links 

are found and the opposite intake cowl of the 

same engine has accumulated more than 

5,000 total flight cycles since the cowl was 

first installed on an airplane: Before further 

flight, do a boroscope inspection of the 

piccolo tube links of the opposite intake cowl 

side to detect broken links, in accordance 

with the Accomplishment Instructions of 

Airbus Mandatory Service Bulletin A330–71– 

3025, including Appendix 01, excluding 

Appendix 02, dated January 10, 2011. 

(i) If the inspection findings of the piccolo 

tube links of the opposite intake cowl side 

indicate no broken piccolo tube links: Before 

further flight, do the actions required by 

paragraph (i) of this AD, ‘‘Repetitive Outer 

Boundary Angle and Forward Bulkhead 

Inspection.’’ 

(ii) If the inspection findings of the piccolo 

tube links of the opposite intake cowl side 

indicate 1 or more broken piccolo tube links: 

Before further flight, do the actions specified 

in Note 01 of Figure A–FBBAA—Sheet 02 

Flow Chart of Airbus Mandatory Service 

Bulletin A330–71–3025, including Appendix 

01, excluding Appendix 02, dated January 

10, 2011, at the time specified in Note 01 of 

Figure A–FBBAA—Sheet 02 Flow Chart of 

Airbus Mandatory Service Bulletin A330–71– 

3025, including Appendix 01, excluding 

Appendix 02, dated January 10, 2011, except 

for the instructions to ‘‘See Sheet 03’’. Where 

Note 01 of Figure A–FBBAA—Sheet 02 Flow 

Chart of Airbus Mandatory Service Bulletin 

A330–71–3025, including Appendix 01, 

excluding Appendix 02, dated January 10, 

2011, specifies to ‘‘See Sheet 03’’ to do a 

detailed inspection of the outer boundary 

angle (OBA) and bulkhead as specified in 

Rolls-Royce Service Bulletin RB211–71– 

AG416, excluding Appendix 1, dated 

September 3, 2010: This AD requires the 

detailed inspection specified in Figure A– 

FBBAA—Sheet 03 Flow Chart of Airbus 

Mandatory Service Bulletin A330–71–3025, 

including Appendix 01, excluding Appendix 

02, dated January 10, 2011, to be done in 

accordance with paragraph (i) of this AD. 

(i) Repetitive Outer Boundary Angle and 

Forward Bulkhead Inspection 

If the results of the inspection required by 

paragraph (h) of this AD indicate no broken 

piccolo tube links, or if the requirements in 

paragraph (h)(2) or (h)(3)(ii) of this AD 

specify to do the actions in Figure A– 

FBBAA—Sheet 03 Flow Chart of Airbus 

Mandatory Service Bulletin A330–71–3025, 

including Appendix 01, excluding Appendix 

02, dated January 10, 2011: Before further 

flight, do a boroscope inspection of the OBA 

and forward bulkhead to detect cracks or 

fractures, in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A330–71–3025, 

including Appendix 01, excluding Appendix 

02, dated January 10, 2011; and the 

Accomplishment Instructions of Rolls-Royce 

Service Bulletin RB.211–71–AG416, 

excluding Appendix 1, dated September 3, 

2010. 

(1) If the findings of the inspection are 

within the allowable damage limit, as 

specified in the Accomplishment 

Instructions of Rolls-Royce Service Bulletin 

RB.211–71–AG416, excluding Appendix 1, 

dated September 3, 2010: Do the actions in 

paragraphs (i)(1)(i) and (i)(1)(ii) of this AD. 

(i) Repeat the inspection of the OBA and 

forward bulkhead thereafter at the repeat 

interval specified in Part 3.B. of the 

Accomplishment Instructions of Rolls-Royce 

Service Bulletin RB.211–71–AG416, 

excluding Appendix 1, dated September 3, 

2010. 

(ii) Repeat the inspections specified in 

paragraphs (g) and (h) of this AD thereafter 

at intervals not to exceed 2,500 flight cycles. 

(2) If the findings of the inspection are not 

within the allowable damage limit, as 

specified in the Accomplishment 

Instructions of Rolls-Royce Service Bulletin 

RB.211–71–AG416, excluding Appendix 1, 

dated September 3, 2010: Do the actions in 

paragraphs (i)(2)(i) and (i)(2)(ii) of this AD. 

(i) If any OBA crack is 22 inches or greater, 

or any forward bulkhead crack is 13 inches 

or greater: Before further flight, replace the 

affected engine air intake cowl with a new or 

serviceable cowl, in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A330–71–3025, 

including Appendix 01, excluding Appendix 

2, dated January 10, 2011. 

(ii) If any OBA crack is 15 inches or 

greater, but less than 22 inches, or any 

forward bulkhead crack is 9 inches or greater, 

but less than 13 inches: Within 100 flight 

cycles, replace the affected engine air intake 

cowl with a new or serviceable cowl, in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A330–71–3025, including Appendix 

01, excluding Appendix 02, dated January 

10, 2011. 

(j) Repetitive Inspections for Replaced 

Engine Air Intake Cowl 

If any engine air intake cowl is replaced in 

accordance with the requirements of this AD 

with a cowl that has less than 5,000 flight 

cycles since the cowl was first installed on 

an airplane: Repeat the inspection required 

by paragraph (g) of this AD thereafter at the 

compliance time specified in paragraph (g)(1) 

of this AD. 

(1) If any engine air intake cowl is replaced 

in accordance with the requirements of this 

AD with a cowl with 5,000 flight cycles or 

more since the cowl was first installed on an 

airplane: Repeat the inspections required by 

paragraphs (g) and (h) of this AD thereafter 

at intervals not to exceed 2,500 flight cycles. 

(2) If any engine air intake cowl is replaced 

in accordance with the requirements of this 

AD with a cowl with 5,000 flight cycles or 

more since the cowl was first installed on an 

airplane: Repeat the inspections required by 

paragraph (i) of this AD thereafter at the 

intervals specified in the Accomplishment 

Instructions of Rolls-Royce Service Bulletin 

RB.211–71–AG416, excluding Appendix 1, 

dated September 3, 2010. 

(k) 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 

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 

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Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Proposed Rules 27001 

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. 

(l) Related Information 

Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2011–0062, 

dated April 4, 2011; Airbus Mandatory 

Service Bulletin A330–71–3025, including 

Appendix 01, excluding Appendix 02, dated 

January 10, 2011; and Rolls-Royce Service 

Bulletin RB.211–71–AG416, excluding 

Appendix 1, dated September 3, 2010; for 

related information. 

Issued in Renton, Washington, on April 29, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–11025 Filed 5–7–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2012–0003; Notice No. 

128] 

RIN 1513–AB85 

Proposed Establishment of the Ancient 

Lakes of Columbia Valley Viticultural 

Area 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) proposes to 

establish the 162,762-acre ‘‘Ancient 

Lakes of Columbia Valley’’ viticultural 

area in Douglas, Grant, and Kittitas 

Counties in central Washington. The 

proposed viticultural area lies within 

the larger Columbia Valley viticultural 

area. TTB designates viticultural areas 

to allow vintners to better describe the 

origin of their wines and to allow 

consumers to better identify wines they 

may purchase. TTB invites comments 

on this proposed addition to its 

regulations. 

DATES: We must receive your comments 

on or before July 9, 2012. 

ADDRESSES: Please send your comments 

on this notice to one of the following 

addresses: 

• Internet: http://www.regulations.gov 

(via the online comment form for this 

notice as posted within Docket No. 

TTB–2012–0003 at ‘‘Regulations.gov,’’ 

the Federal e-rulemaking portal); 

• U.S. Mail: Director, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, P.O. Box 14412, 

Washington, DC 20044–4412; or 

• Hand delivery/courier in lieu of 

mail: Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street NW., Suite 

200E, Washington, DC 20005. 

See the Public Participation section of 

this notice for specific instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

You may view copies of this notice, 

selected supporting materials, and any 

comments that TTB receives about this 

proposal at http://www.regulations.gov 

within Docket No. TTB–2012–0003. A 

link to that docket is posted on the TTB 

Web site at http://www.ttb.gov/wine/ 

wine_rulemaking.shtml under Notice 

No. 128. You also may view copies of 

this notice, all related petitions, maps, 

or other supporting materials, and any 

comments that TTB receives about this 

proposal by appointment at the TTB 

Information Resource Center, 1310 G 

Street NW., Washington, DC 20005. 

Please call 202–453–2270 to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: 

Karen A. Thornton, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G St. NW., 

Box 12, Washington, DC 20005; phone 

202–453–1039, ext. 175. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), 27 

U.S.C. 205(e), authorizes the Secretary 

of the Treasury to prescribe regulations 

for the labeling of wine, distilled spirits, 

and malt beverages. The FAA Act 

provides that these regulations should, 

among other things, prohibit consumer 

deception and the use of misleading 

statements on labels, and ensure that 

labels provide the consumer with 

adequate information as to the identity 

and quality of the product. The Alcohol 

and Tobacco Tax and Trade Bureau 

(TTB) administers the FAA Act 

pursuant to section 1111(d) of the 

Homeland Security Act of 2002, 

codified at 6 U.S.C. 531(d). The 

Secretary has delegated various 

authorities through Treasury 

Department Order 120–01 (Revised), 

dated January 21, 2003, to the TTB 

Administrator to perform the functions 

and duties in the administration and 

enforcement of this law. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 

on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) sets forth 

standards for the preparation and 

submission of petitions for the 

establishment or modification of 

American viticultural areas and lists the 

approved American viticultural areas. 

Definition 

Section 4.25(e)(1)(i) of the TTB 

regulations (27 CFR 4.25(e)(1)(i)) defines 

a viticultural area for American wine as 

a delimited grape-growing region having 

distinguishing features as described in 

part 9 of the regulations and a name and 

a delineated boundary as established in 

part 9 of the regulations. These 

designations allow vintners and 

consumers to attribute a given quality, 

reputation, or other characteristic of a 

wine made from grapes grown in an area 

to its geographic origin. The 

establishment of viticultural areas 

allows vintners to describe more 

accurately the origin of their wines to 

consumers and helps consumers to 

identify wines they may purchase. 

Establishment of a viticultural area is 

neither an approval nor an endorsement 

by TTB of the wine produced in that 

area. 

Requirements 

Section 4.25(e)(2) of the TTB 

regulations outlines the procedure for 

proposing an American viticultural area 

and provides that any interested party 

may petition TTB to establish a grapegrowing region as a viticultural area. 

Section 9.12 of the TTB regulations (27 

CFR 9.12) prescribes standards for 

petitions for the establishment or 

modification of American viticultural 

areas. Such petitions must include the 

following: 

• Evidence that the area within the 

proposed viticultural area boundary is 

nationally or locally known by the 

viticultural area name specified in the 

petition; 

• An explanation of the basis for 

defining the boundary of the proposed 

viticultural area; 

• A narrative description of the 

features of the proposed viticultural area 

that affect viticulture, such as climate, 

geology, soils, physical features, and 

elevation, that make the proposed 

viticultural area distinctive and 

distinguish it from adjacent areas 

outside the proposed viticultural area 

boundary; 

• A copy of the appropriate United 

States Geological Survey (USGS) map(s) 

showing the location of the proposed 

viticultural area, with the boundary of 

mstockstill on DSK4VPTVN1PROD with PROPOSALS