This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

29673 

Vol. 76, No. 99 

Monday, May 23, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0474; Directorate 

Identifier 2010–NM–213–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200 and –300 Series Airplanes, 

and Model A340–200 and –300 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

It was noticed in production that the 

distance between the wire harnesses 5376VB/ 

2M and 5377VB/1M which are above the lefthand (LH) and right-hand (RH) door 4, and 

the air conditioning duct could be too small. 

This could result in collision between the 

flexible air conditioning hose and wire 

harnesses. 

This condition, if not corrected, could lead 

to the short circuit of wires dedicated to 

oxygen, which, in case of emergency, could 

result in a large number of passenger oxygen 

masks not being supplied with oxygen, 

possibly causing personal injuries. 

* * * * * 

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 July 7, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–40, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

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

Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus SAS— 

Airworthiness Office—EAL, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

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

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

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

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1138; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2011–0474; Directorate Identifier 

2010–NM–213–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 2010–0103R1, 

dated April 28, 2011 (referred to after 

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

condition for the specified products. 

The MCAI states: 

It was noticed in production that the 

distance between the wire harnesses 5376VB/ 

2M and 5377VB/1M which are above the lefthand (LH) and right-hand (RH) door 4, and 

the air conditioning duct could be too small. 

This could result in collision between the 

flexible air conditioning hose and wire 

harnesses. 

This condition, if not corrected, could lead 

to the short circuit of wires dedicated to 

oxygen, which, in case of emergency, could 

result in a large number of passenger oxygen 

masks not being supplied with oxygen, 

possibly causing personal injuries. 

For the reasons described above, this 

[EASA] AD requires the installation of a 

protective sleeve and an additional bracket to 

maintain the appropriate distance between 

wires. 

Revision 1 of this [EASA] AD is issued to 

revise the applicability section of this AD in 

order to take into account all configurations 

of air conditioning duct and the associated 

solutions embodied in production. 

For certain airplanes, required actions 

include modifying the support assembly 

of the air outlet. For other airplanes, 

required actions include exchanging 

certain attachment screws of the air 

outlet box assembly on each door. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletins A330–92–3077, Revision 01, 

dated March 29, 2010 (for Model A330– 

200 and –300 series airplanes); and 

A340–92–4078, Revision 01, dated April 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
29674 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Proposed Rules 

9, 2010 (for Model A340–200 and –300 

series airplanes). 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 41 products of U.S. registry. 

We also estimate that it would take up 

to 11 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 $503 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 up to $58,958, or up to 

$1,438 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–2011–0474; 

Directorate Identifier 2010–NM–213–AD. 

Comments Due Date 

(a) We must receive comments by July 7, 

2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the Airbus airplanes 

identified in paragraphs (c)(1) and (c)(2) of 

this AD, all manufacturer serial numbers; 

certificated in any category; except those 

identified in paragraph (c)(3) of this AD. 

(1) Model A330–201, –202, –203, –223, 

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

–341, –342, and –343 airplanes. 

(2) Model A340–211, –212, –213, –311, 

–312, and –313 airplanes. 

(3) Airplanes on which the following 

Airbus Modifications are embodied in 

production: Both Airbus Modifications 57349 

and 58924, or Airbus Modification 201642 or 

57562. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 92. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It was noticed in production that the 

distance between the wire harnesses 5376VB/ 

2M and 5377VB/1M which are above the lefthand (LH) and right-hand (RH) door 4, and 

the air conditioning duct could be too small. 

This could result in collision between the 

flexible air conditioning hose and wire 

harnesses. 

This condition, if not corrected, could lead 

to the short circuit of wires dedicated to 

oxygen, which, in case of emergency, could 

result in a large number of passenger oxygen 

masks not being supplied with oxygen, 

possibly causing personal injuries. 

* * * * * 

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. 

Actions 

(g) Within 24 months after the effective 

date of this AD: Modify the wire harness 

5376VB/2M and 5377VB/1M attachments 

above the LH and RH door 4, in accordance 

with the Accomplishment Instructions of 

Airbus Mandatory Service Bulletin A330–92– 

3077, Revision 01, dated March 29, 2010; or 

Airbus Mandatory Service Bulletin A340–92– 

4078, Revision 01, dated April 9, 2010; as 

applicable. 

(h) For airplanes that have been modified 

before the effective date of this AD in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A330–92–3077 or A340–92–4078, 

both dated June 17, 2008: Within 24 months 

after the effective date of this AD, perform 

the additional work identified in Airbus 

Mandatory Service Bulletin A330–92–3077, 

Revision 01, dated March 29, 2010, or A340– 

92–4078, Revision 01, dated April 9, 2010, as 

applicable (including modifying the support 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Proposed Rules 29675 

assembly of the air outlet, or exchanging 

certain attachment screws of the air outlet 

box assembly on each door, as applicable), in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A330–92–3077, Revision 01, dated 

March 29, 2010, or Airbus Mandatory Service 

Bulletin A340–92–4078, Revision 01, dated 

April 9, 2010, as applicable. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(i) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

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

227–1149. Information may be e-mailed to: 

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

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

Related Information 

(j) Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2010– 

0103R1, dated April 28, 2011; Airbus 

Mandatory Service Bulletin A330–92–3077, 

Revision 01, dated March 29, 2010; and 

Airbus Mandatory Service Bulletin A340–92– 

4078, Revision 01, dated April 9, 2010; for 

related information. 

Issued in Renton, Washington, on May 13, 

2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–12507 Filed 5–20–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 50 

[Docket No. OAG 142; AG Order No. 3279– 

2011] 

RIN 1105–AB38 

Assumption of Concurrent Federal 

Criminal Jurisdiction in Certain Areas 

of Indian Country 

AGENCY: Office of the Attorney General, 

Department of Justice. 

ACTION: Proposed rule. 

SUMMARY: This rule proposes to 

establish the procedures for an Indian 

tribe whose Indian country is subject to 

State criminal jurisdiction under Public 

Law 280 (18 U.S.C. 1162(a)) to request 

that the United States accept concurrent 

criminal jurisdiction within the tribe’s 

Indian country, and for the Attorney 

General to decide whether to consent to 

such a request. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before July 7, 

2011. Commenters should be aware that 

the electronic Federal Docket 

Management System will not accept 

comments after Midnight Eastern Time 

on the last day of the comment period. 

ADDRESSES: Comments may be mailed to 

Mr. Tracy Toulou, Director, Office of 

Tribal Justice, Department of Justice, 

950 Pennsylvania Avenue, NW., Room 

2310, Washington, DC 20530. To ensure 

proper handling, please reference OAG 

Docket No. 142 on your correspondence. 

You may submit comments 

electronically or view an electronic 

version of this proposed rule at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION, CONTACT: Mr. 

Tracy Toulou, Director, Office of Tribal 

Justice, Department of Justice, at (202) 

514–8812 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments. Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at http://www.regulations.gov. 

Such information includes personal 

identifying information (such as your 

name, address, etc.) voluntarily 

submitted by the commenter. 

You are not required to submit 

personal identifying information in 

order to comment on this rule. If you 

want to submit personal identifying 

information (such as your name, 

address, etc.) as part of your comment, 

but do not want it to be posted online, 

you must include the phrase 

‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You also must locate 

all the personal identifying information 

you do not want posted online in the 

first paragraph of your comment and 

identify what information you want 

redacted. 

If you want to submit confidential 

business information as part of your 

comment but do not want it to be posted 

online, you must include the phrase 

‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You also must 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted on http:// 

www.regulations.gov. 

Personal identifying information and 

confidential business information 

identified and located as set forth above 

will be placed in the agency’s public 

docket file, but not posted online. If you 

wish to inspect the agency’s public 

docket file in person by appointment, 

please see the FOR FURTHER INFORMATION

CONTACT paragraph. 

The reason the Department is 

requesting electronic comments before 

Midnight Eastern Time on the day the 

comment period closes is that the interagency Regulations.gov/Federal Docket 

Management System (FDMS), which 

receives electronic comments, 

terminates the public’s ability to submit 

comments at Midnight on the day the 

comment period closes. Commenters in 

time zones other than Eastern may want 

to take this fact into account so that 

their electronic comments can be 

received. The constraints imposed by 

the Regulations.gov/FDMS system do 

not apply to U.S. postal comments, 

which will be considered as timely filed 

if they are postmarked before Midnight 

on the day the comment period closes. 

Discussion 

For more than two centuries, the 

Federal Government has recognized 

Indian tribes as domestic sovereigns that 

have unique government-to-government 

relationships with the United States. 

Congress has broad authority to legislate 

with respect to Indian tribes, however, 

and has exercised this authority to 

establish a complex jurisdictional 

scheme for crimes committed in Indian 

country. (The term ‘‘Indian country’’ is 

defined in 18 U.S.C. 1151.) Criminal 

jurisdiction in Indian country typically 

depends on several factors, including 

the nature of the crime; whether the 

alleged offender, the victim, or both are 

Indian; and whether a treaty, Federal 

statute, executive order, or judicial 


emcdonald on DSK2BSOYB1PROD with PROPOSALS