Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations 9581 

■ b. By revising paragraphs (e)(1)(iii), 

(e)(3)(i) introductory text, (e)(3)(i)(B), 

and (e)(4)(ii). 

The revisions read as follows: 

§ 93.301 General prohibitions; exceptions. 

* * * * * 

(d) * * * 

(1) * * * 

(ii) * * * 

(D) For Spanish Pure Breed horses 

and thoroughbred horses over 731 days 

of age, cultures negative for CEM were 

obtained from three sets of specimens 

collected within a 12-day period from 

the mucosal surfaces of the clitoral fossa 

and the clitoral sinuses, with one set of 

specimens including a specimen from 

the surfaces of the distal cervix or 

endometrium, of any female horses and 

from the surfaces of the prepuce, the 

urethral sinus, the distal urethra, and 

the fossa glandis, including the 

diverticulum of the fossa glandis, of any 

male horses. * * * 

* * * * * 

(e) * * * 

(1) * * * 

(iii) A set of specimens must be 

collected from each horse within 30 

days prior to the date of export by a 

licensed veterinarian who either is, or is 

acting in the presence of, the 

veterinarian signing the certificate. For 

stallions, the set of specimens consists 

of one culture swab from each location 

shall be taken from the prepuce, the 

urethral sinus, the distal urethra, and 

the fossa glandis, including the 

diverticulum of the fossa glandis; for 

mares, the specimens must be collected 

from the mucosal surfaces of the clitoral 

fossa, clitoral sinuses, and the distal 

cervix or endometrium in nonpregnant 

mares. All of the specimens collected 

must be cultured for CEM with negative 

results in a laboratory approved to 

culture for CEM by the national 

veterinary service of the region of origin; 

* * * * * 

(3) * * * 

(i) Once the stallion is in the 

approved State, one specimen each shall 

be taken from the prepuce, the urethral 

sinus, the distal urethra, and the fossa 

glandis, including the diverticulum of 

the fossa glandis, of the stallion and be 

cultured for CEM. After negative results 

have been obtained, the stallion must be 

test bred to two test mares that meet the 

requirements of paragraph (e)(4) of this 

section. Upon completion of the test 

breeding: 

* * * * * 

(B) Each mare to which the stallion 

has been test bred shall be cultured for 

CEM from three sets of specimens from 

the mucosal surfaces of the clitoral fossa 

and clitoral sinuses, with one set of 

specimens including a specimen from 

either the distal cervix or endometrium, 

between the third and fourteenth day 

after breeding, with negative results. 

The sets of specimens must be collected 

on three separate occasions within a 12- 

day period with no less than 72 hours 

between each set. A complement 

fixation test for CEM must be done with 

negative results between the twenty-first 

and twenty-eighth day after the 

breeding. 

* * * * * 

(4) * * * 

(ii) The test mares must be qualified 

prior to breeding as apparently free from 

CEM and may not be used for breeding 

from the time specimens are taken to 

qualify the mares as free from CEM. To 

qualify, each mare shall be tested with 

negative results by a complement 

fixation test for CEM, and specimens 

taken from each mare shall be cultured 

negative for CEM. Sets of specimens 

shall be collected on three separate 

occasions from the mucosal surfaces of 

the clitoral fossa and the clitoral 

sinuses, with one set of specimens 

including a specimen from either the 

distal cervix or endometrium, within a 

12-day period with no less than 72 

hours between each set. 

* * * * * 

Done in Washington, DC, this 6th day of 

February 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–03024 Filed 2–8–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1002; Directorate 

Identifier 2012–NM–052–AD; Amendment 

39–17346; AD 2013–03–11] 

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 A300 B4–600, B4–600R, 

and F4–600R series airplanes, and 

Model A300 C4–605R Variant F 

airplanes (collectively called A300–600 

series airplanes); and Model A310 series 

airplanes. This AD was prompted by 

reports of cracking through the 

honeycomb core closed with phenolic 

resin. This condition could result in 

extended debonding and could 

adversely affect the structural integrity 

of the rudder. This AD requires 

inspecting to determine the serial 

number of a certain rudder and 

replacing the rudder with a new or 

serviceable rudder if necessary. We are 

issuing this AD to prevent extended debonding, which could result in loss of 

the rudder and consequent reduced 

controllability of the airplane. 

DATES: This AD becomes effective 

March 18, 2013. 

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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone 425–227–2125; 

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 September 26, 2012 (77 FR 

59149). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The Mandatory Continuing 

Airworthiness Information (MCAI) 

states: 

Following in-service findings reported by 

an operator, rudder laboratory investigation 

revealed the existence of a crack through the 

honeycomb core closed with phenolic resin. 

This condition if not detected and corrected, 

could result in extended de-bonding, which 

would adversely affect the structural integrity 

of the rudder. The loss of the rudder could 

lead to degradation of the handling qualities 

and reduces the controllability of the 

aeroplane. 

Further investigations identified a batch of 

five affected rudders. 

For the reasons described above, this 

[European Aviation Safety Agency (EASA)] 

AD [2012–0006, dated January 12, 2012] 

requires [inspecting to determine the serial 

number (S/N) of a certain rudder and] the 

replacement of the five affected rudders with 

[new or] serviceable ones. 

You may obtain further information by 

examining the MCAI in the AD docket. 


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9582 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request To Supersede AD 2010–16–13, 

Amendment 39–16390 (75 FR 49370, 

August 13, 2010) 

UPS requested that the NPRM (77 FR 

59149, September 26, 2012) supersede 

AD 2010–16–13, Amendment 39–16390 

(75 FR 49370, August 13, 2010). UPS 

stated that three serial numbers in the 

NPRM are also the subject of AD 2010– 

16–13, which could create conflicting 

actions for the same component. 

We disagree with the request to 

supersede AD 2010–16–13, Amendment 

39–16390 (75 FR 49370, August 13, 

2010). AD 2010–16–13 is a 

comprehensive inspection program to 

verify the integrity of the bonding 

between the skin and honeycomb core 

of many rudders, whereas this AD is a 

complete replacement due to in-service 

findings of a crack through the 

honeycomb core. While the actions in 

AD 2010–16–13 apply to multiple 

rudders, the replacement required by 

this AD is limited to 5 rudders. Since 

the 5 rudders have to be replaced within 

3 months, and AD 2010–16–13 applies 

to many rudders with a various 

repetitive inspection interval, it is 

unlikely that the inspection and 

replacement requirements would 

overlap. In addition, depending upon 

which rudder is installed by an 

operator, the inspection program 

required by AD 2010–16–13 may or may 

not apply. No change has been made to 

this AD in this regard. 

Request for Justification of NPRM (77 

FR 59149, September 26, 2012) 

An anonymous commenter requested 

justification for the actions required by 

the NPRM (77 FR 59149, September 26, 

2012). The commenter suggested that 

we ground the airplanes, inspect, and 

fix them, in order to ‘‘stop wasting time 

and taxpayer money.’’ 

We disagree with the commenter’s 

suggestion for addressing the identified 

unsafe condition. Under part 39 of the 

Federal Aviation Regulations (14 CFR 

part 39), we issue an AD addressing a 

product when we find that an unsafe 

condition exists in the product, and the 

condition is likely to exist or develop in 

other products of the same type design. 

In the case of this AD, we determined 

that the unsafe condition is de-bonding, 

which could result in loss of the rudder 

and consequent reduced controllability 

of the airplane. 

Further, under the Administrative 

Procedure Act (APA) (Pub. L. 79–404, 5 

U.S.C. § 551, et seq.) we are required to 

provide notice of our intent to add, 

change, or remove information in a rule, 

as well as to give the public an 

opportunity to participate in rulemaking 

actions unless we find good cause to 

bypass those requirements. (The APA is 

a body of laws that, working together, 

provides minimum guidelines and rules 

that federal agencies are required to 

follow when issuing a rule or changing 

existing rules that, if adopted, would 

impact the rights of the regulated 

public.) We have followed these 

requirements in issuing this AD. 

Finally, in ADs, we specify a 

compliance time to incorporate and 

schedule the actions into operators’ 

maintenance programs to prevent 

unnecessary grounding of airplanes. 

We find that no change to this AD is 

necessary in response to the 

commenter’s request. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

59149, September 26, 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 59149, 

September 26, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

170 products of U.S. registry. We also 

estimate that it will take about 1 workhour per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate the 

cost of this AD to the U.S. operators to 

be $14,450, or $85 per product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 10 work-hours and require parts 

costing $714,100, for a cost of $714,950 

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); 

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 59149, 

September 26, 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, 


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Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations 9583 

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: 

2013–03–11 Airbus: Amendment 39–17346. 

Docket No. FAA–2012–1002; Directorate 

Identifier 2012–NM–052–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective March 18, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A300 B4– 

601, B4–603, B4–620, B4–622, B4–605R, B4– 

622R, F4–605R, F4–622R, and C4–605R 

Variant F airplanes; and Model A310–203, 

–204, –221, –222, –304, –322, –324, and –325 

airplanes; certificated in any category; all 

serial numbers, except those airplanes on 

which Airbus modification 08827 has been 

incorporated in production. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 55, Stabilizers. 

(e) Reason 

This AD was prompted by reports of 

cracking through the honeycomb core closed 

with phenolic resin. This condition could 

result in extended debonding and could 

adversely affect the structural integrity of the 

rudder. We are issuing this AD to prevent 

extended de-bonding, which could result in 

loss of the rudder and consequent reduced 

controllability 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) Inspection 

Within 3 months after the effective date of 

this AD, inspect the rudder having part 

number (P/N) A55471500, to determine if the 

rudder has serial number (S/N) HF1010, 

HF1036, HF1059, HF1061, or HF1064. A 

review of airplane maintenance records is 

acceptable in lieu of this inspection if the 

serial number of the rudder can be 

conclusively determined from that review. 

(h) Rudder Replacement 

If, during the inspection required by 

paragraph (g) of this AD, any rudder having 

S/N HF1010, HF1036, HF1059, HF1061, or 

HF1064 is found, before further flight, 

replace the rudder with a new or serviceable 

rudder, using a method approved by either 

the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

the European Aviation Safety Agency (EASA) 

(or its delegated agent). 

Note 1 to Paragraph (h) of this AD: 

Rudders having S/N HF1010, HF1036, 

HF1059, HF1061, and HF1064 were installed 

on airplanes having S/N 0295, 0297, 0321, 

0355, and 0500; however, each rudder may 

have been moved to another airplane. 

(i) Parts Installation Prohibition 

As of the effective date of this AD, no 

person may install a rudder P/N A55471500, 

having S/N HF1010, HF1036, HF1059, 

HF1061, or HF1064, on any airplane. 

(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 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Dan Rodina, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–2125; 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 EASA Airworthiness 

Directive 2012–0006, dated January 12, 2012, 

for related information. 

(l) Material Incorporated by Reference 

None. 

Issued in Renton, Washington, on January 

30, 2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–02895 Filed 2–8–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 95 

[Docket No. 30886; Amdt. No. 505] 

IFR Altitudes; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts 

miscellaneous amendments to the 

required IFR (instrument flight rules) 

altitudes and changeover points for 

certain Federal airways, jet routes, or 

direct routes for which a minimum or 

maximum en route authorized IFR 

altitude is prescribed. This regulatory 

action is needed because of changes 

occurring in the National Airspace 

System. These changes are designed to 

provide for the safe and efficient use of 

the navigable airspace under instrument 

conditions in the affected areas. 

DATES: Effective Date: 0901 UTC, March 

7, 2013. 

FOR FURTHER INFORMATION CONTACT: Rick 

Dunham, Flight Procedure Standards 

Branch (AMCAFS–420), Flight 

Technologies and Programs Division, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney, Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125), 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This 

amendment to part 95 of the Federal 

Aviation Regulations (14 CFR part 95) 

amends, suspends, or revokes IFR 

altitudes governing the operation of all 

aircraft in flight over a specified route 

or any portion of that route, as well as 

the changeover points (COPs) for 

Federal airways, jet routes, or direct 

routes as prescribed in part 95. 

The Rule 

The specified IFR altitudes, when 

used in conjunction with the prescribed 

changeover points for those routes, 

ensure navigation aid coverage that is 

adequate for safe flight operations and 

free of frequency interference. The 

reasons and circumstances that create 

the need for this amendment involve 

matters of flight safety and operational 

efficiency in the National Airspace 

System, are related to published 

aeronautical charts that are essential to 

the user, and provide for the safe and 

efficient use of the navigable airspace. 

In addition, those various reasons or 


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