Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Proposed Rules 60331 

Issued in Renton, Washington, on 

September 26, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–24393 Filed 10–2–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1035; Directorate 

Identifier 2011–NM–235–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 certain 

Airbus Model A318, A319, A320, and 

A321 series airplanes. This proposed 

AD was prompted by a report of an 

uncommanded nose landing gear (NLG) 

retraction. This proposed AD would 

require installing a power interruption 

protection circuit for the landing gear 

control interface unit (LGCIU). We are 

proposing this AD to prevent untimely 

unlocking and/or retraction of the NLG, 

which, while on the ground, could 

result in injury to ground personnel and 

damage to the airplane. 

DATES: We must receive comments on 

this proposed AD by November 19, 

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 service information identified in 

this proposed AD, contact Airbus, 

Airworthiness Office—EAS, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 44 51; email 

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: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone (425) 227–1405; 

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–2012–1035; Directorate Identifier 

2011–NM–235–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 2011–0202, 

dated October 13, 2011 (referred to after 

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

condition for the specified products. 

The MCAI states: 

After a push back from the gate, an A320 

aeroplane was preparing to initiate taxi, 

when an uncommanded nose landing gear 

(NLG) retraction occurred, causing the nose 

of the aeroplane to hit the ground. 

Investigations revealed that the retraction 

was caused by a combination of a power 

interruption to LGCIUs [landing gear control 

interface unit] and an internal hydraulic leak 

through the landing gear (LG) selector valve 

40GA. 

Deeper investigations have revealed that 

LGCIU power interruption appears during 

engine start at each flight. Even though no 

incident has been reported in service, it has 

been determined that a non compliance to 

the safety objective exists when combined 

with a dormant single failure of the selector 

valve seal leaking. 

This condition, if not corrected, could lead 

to further incidents of untimely unlocking 

and/or retraction of the NLG which, while on 

the ground, could result in injury to ground 

personnel and damage to the aeroplane. 

To address the possible hydraulic leak of 

the LG selector valve, EASA issued AD 2007– 

0065, currently at Revision 2. 

For the reasons described above, this 

[EASA] AD requires installation of a power 

interruption protection circuit to the LGCIU 

and the accomplishment of associated 

modifications [install new seals on nose 

landing gear (NLG)/main landing gear (MLG) 

door valve selector and gear valve-selector 

and for certain airplanes, re-identification of 

identification plates]. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued the following 

service bulletins: 

• Airbus Service Bulletin A320–32– 

1346, Revision 04, including 

Appendices 1 and 2, dated April 22, 

2011 (for Model A318, A319, A320, and 

A321 series airplanes). 

• Airbus Service Bulletin A320–32– 

1349, Revision 03, including Appendix 

1, dated October 5, 2011 (for Model 

A319CJ (corporate jet) airplanes). 

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. 


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60332 Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Proposed Rules 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 755 products of U.S. 

registry. We also estimate that it would 

take about 48 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost up to $8,220 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 the 

proposed AD on U.S. operators to be up 

to $9,286,500, or up to $12,300 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 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); 

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–2012–1035; 

Directorate Identifier 2011–NM–235–AD. 

(a) Comments Due Date 

We must receive comments by November 

19, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A318– 

111, A318–112, A318–121, A318–122, A319– 

111, A319–112, A319–113, A319–114, A319– 

115, A319–131, A319–132, A319–133, A320– 

111, A320–211, A320–212, A320–214, A320– 

231, A320–232, A320–233, A321–111, A321– 

112, A321–131, A321–211, A321–212, A321– 

213, A321–231, and A321–232 airplanes; 

certificated in any category; all manufacturer 

serial numbers, except airplanes on which 

Airbus modification 37866 has been 

embodied in production. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 32: Landing Gear. 

(e) Reason 

This AD was prompted by a report of an 

uncommanded nose landing gear (NLG) 

retraction. We are issuing this AD to prevent 

untimely unlocking and/or retraction of the 

NLG, which, while on the ground, could 

result in injury to ground personnel and 

damage to 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) Modification 

At the applicable compliance time 

specified in paragraph (g)(1) or (g)(2) of this 

AD: Install a power interruption protection 

circuit for the landing gear control interface 

unit (LGCIU), in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–32–1346, Revision 04, 

including Appendices 1 and 2, dated April 

22, 2011 (for Model A318, A319, A320, and 

A321 series airplanes other than the Model 

A319CJ (corporate jet) airplanes); or Airbus 

Service Bulletin A320–32–1349, Revision 3, 

including Appendix 1, dated October 5, 2011 

(for Model A319CJ (corporate jet) airplanes). 

(1) For airplanes that have embodied 

Airbus modification 38947 specified in 

Airbus Service Bulletin A320–32–1348 

during production or in service: Within 72 

months after the effective date of this AD. 

(2) For all airplanes other than those 

identified in paragraph (g)(1) of this AD: 

Within 60 months after the effective date of 

this AD. 

(h) Re-Identification of Identification Plates 

For airplanes that have done the 

installation required by paragraph (g) of this 

AD before the effective date of this AD using 

Airbus Service Bulletin A320–32–1346, 

dated December 4, 2008 (for airplanes other 

than the Model A319CJ (corporate jet) 

airplanes): At the applicable times specified 

in paragraphs (g)(1) and (g)(2) of this AD, reidentify the identification plates, in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A320– 

32–1346, Revision 4, including Appendices 1 

and 2, dated April 22, 2011 (for airplanes 

other than the Model A319CJ (corporate jet) 

airplanes). 

(i) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using the service 

information specified in paragraphs (i)(1) 

through (i)(6) of this AD which is not 

incorporated by reference in this AD: 

(1) Airbus Service Bulletin A320–32–1346, 

Revision 1, dated October 27, 2009 (for 

Model A318, A319, A320, and A321 series 

airplanes). 

(2) Airbus Service Bulletin A320–32–1346, 

Revision 2, dated November 4, 2009 (for 

Model A318, A319, A320, and A321 series 

airplanes). 

(3) Airbus Service Bulletin A320–32–1346, 

Revision 3, dated January 7, 2010 (for Model 

A318, A319, A320, and A321 series 

airplanes). 

(4) Airbus Service Bulletin A320–32–1349, 

dated December 4, 2008 (for Model A319CJ 

(corporate jet) airplanes). 

(5) Airbus Service Bulletin A320–32–1349, 

Revision 1, dated August 31, 2009, (for 

Model A319CJ (corporate jet) airplanes). 

(6) Airbus Service Bulletin A320–32–1349, 

Revision 2, dated June 16, 2010 (for Model 

A319CJ (corporate jet) airplanes). 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, ANM–116, 


erowe on DSK2VPTVN1PROD with 
Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Proposed Rules 60333 

1The NCTA is a trade association that represents 

cable operators. Many of the NCTA’s members file 

Statements of Account with and pay royalties to the 

Copyright Office under the statutory license set 

forth in Section 111 of the Copyright Act, which 

allows them to retransmit television and radio 

programs that are embodied in local distant 

broadcast transmissions. 

2Both the Joint Sports Claimants and the Program 

Suppliers represent copyright owners who are the 

beneficiaries of the royalties that are paid under the 

Section 111 and 119 statutory licenses. Generally 

speaking, the Joint Sports Claimants represent 

copyright owners that produce professional and 

college sports programming, while the Program 

Suppliers represent copyright owners that produce 

and/or syndicate movies, programs, and specials 

that are broadcast by television stations. 

International Branch, 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, WA 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. 

(k) Related Information 

(1) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2011– 

0202, dated October 13, 2011, and the service 

information specified in paragraphs (k)(1)(i) 

and (k)(1)(ii) of this AD, for related 

information. 

(i) Airbus Service Bulletin A320–32–1346, 

Revision 4, including Appendices 1 and 2, 

dated April 22, 2011. 

(ii) Airbus Service Bulletin A320–32–1349, 

Revision 03, including Appendix 1, dated 

October 5, 2011. 

(2) For service information identified in 

this AD, contact Airbus, Airworthiness 

Office—EAS, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 44 51; email 

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, WA. For 

information on the availability of this 

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

Issued in Renton, Washington, on 

September 26, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–24394 Filed 10–2–12; 8:45 am] 

BILLING CODE 4910–13–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. 2012–5] 

Verification of Statements of Account 

Submitted by Cable Operators and 

Satellite Carriers 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of proposed rulemaking; 

extension of reply comment period. 

SUMMARY: The Copyright Office is again 

extending the deadline for filing reply 

comments in response to its Notice of 

Proposed Rulemaking concerning the 

verification of Statements of Account 

and royalty payments that are deposited 

with the Office by cable operators and 

satellite carriers. 

DATES: Reply comments on the 

proposed rule published at 77 FR 35643, 

June 14, 2012, must be received in the 

Office of the General Counsel of the 

Copyright Office no later than 5 p.m. 

Eastern Daylight Time (EDT) on October 

24, 2012. 

ADDRESSES: The Copyright Office 

strongly prefers that comments be 

submitted electronically. A comment 

submission page is posted on the 

Copyright Office Web site at http://

www.copyright.gov/docs/soaaudit/. The 

Web site interface requires submitters to 

complete a form specifying name and 

other required information, and to 

upload comments as an attachment. To 

meet accessibility standards, all 

comments must be uploaded in a single 

file in either the Adobe Portable 

Document File (PDF) format that 

contains searchable, accessible text (not 

an image); Microsoft Word; 

WordPerfect; Rich Text Format (RTF); or 

ASCII text file format (not a scanned 

document). The maximum file size is 6 

megabytes (MB). The name of the 

submitter and organization should 

appear on both the form and the face of 

the comments. All comments will be 

posted publicly on the Copyright Office 

Web site exactly as they are received, 

along with names and organizations if 

provided. If electronic submission of 

comments is not feasible, please contact 

the Copyright Office at (202) 707–8380 

for special instructions. 

FOR FURTHER INFORMATION CONTACT: 

Tanya Sandros, Deputy General 

Counsel, or Erik Bertin, Attorney 

Advisor, Copyright GC/I&R, P.O. Box 

70400, Washington, DC 20024. 

Telephone: (202) 707–8380. Telefax: 

(202) 707–8366. 

SUPPLEMENTARY INFORMATION: On June 

14, 2012, the Copyright Office published 

a notice of proposed rulemaking and 

request for comments concerning a new 

regulation that will allow copyright 

owners to audit the Statements of 

Account and royalty fees that cable 

operators and satellite carriers deposit 

with the Copyright Office under 

Sections 111 and 119 of the Copyright 

Act. The Office received comments on 

the proposed regulation from groups 

representing copyright owners, cable 

operators, and satellite carriers, which 

have been posted on the Copyright 

Office Web site at http://www.copyright.

gov/docs/soaaudit/comments/index.

html. The notice of proposed 

rulemaking stated that reply comments 

would be due on September 12, 2012. 

See 77 FR 35643, June 14, 2012. 

On August 24, 2012, the Office 

received a joint motion to extend the 

reply comment period (posted on the 

Office Web site at: http://www.

copyright.gov/docs/soaaudit/soa_audit.

html), which was filed by the National 

Cable & Telecommunications 

Association (‘‘NCTA’’),1 the Joint Sports 

Claimants, and the Program Suppliers.2

The moving parties asked the Office to 

extend the deadline for reply comments 

until October 3, 2012 in order to 

determine whether they agree on any 

aspects of the proposed regulation, 

which in turn, may narrow the issues 

that need to be resolved in this 

rulemaking. The Office granted the 

moving parties’ request, stating that 

reply comments would be due by 

October 3, 2012, as requested. See 77 FR 

55783 (Sept. 11, 2012). 

On September 26, 2012 the NCTA, the 

Joint Sports Claimants, and the Program 

Suppliers filed a second motion to 

extend the reply comment period for 

another three weeks (posted on the 

Office Web site at: http://www.

copyright.gov/docs/soaaudit/soa_audit.

html). Specifically, the moving parties 

asked the Office to extend the deadline 

for reply comments until October 24, 

2012. In support of their latest motion, 


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