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

25930 

Vol. 77, No. 85 

Wednesday, May 2, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0414; Directorate 

Identifier 2011–NM–210–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 A310–203, –221, and 

–222 airplanes. This proposed AD was 

prompted by the manufacturer reclassifying slat extension eccentric bolts 

as principal structural elements (PSE) 

with replacement due at or before their 

calculated fatigue lives. This proposed 

AD would require replacing certain slat 

extension eccentric bolts with new 

bolts. We are proposing this AD to 

prevent fatigue cracking which could 

result in the loss of structural integrity 

of the airplane. 

DATES: We must receive comments on 

this proposed AD by June 18, 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 SAS– 

EAW (Airworthiness Office), 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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2125; 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–2012–0414; Directorate Identifier 

2011–NM–210–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 2011–0187, 

dated September 27, 2011 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

Slat extension eccentric bolts have been reclassified as Principal Structural Elements 

(PSE). As a result, associated fatigue lives 

will be published in the Airbus A310 

Airworthiness Limitations Section (ALS) Part 

1 and bolts must be replaced at or before 

their calculated fatigue lives. 

The slat extension eccentric bolt Part 

Number (P/N) A5786451220800 installed at 

slat 2, track 6 of the left hand (LH) and right 

hand (RH) wings is manufactured by 

SONACA, but some bolts with the same 

P/N, manufactured by FOKKER, may have 

been installed on A310–200 series aeroplanes 

and are identical in appearance. The 

calculated fatigue life of the FOKKER bolt is 

lower than that of the SONACA equivalent 

bolt. 

The difference between the FOKKER and 

SONACA bolt cannot be distinguished by a 

visual inspection. To remedy this, the 

SONACA bolt part number was changed from 

P/N A5786451220800 to P/N 

A5784307920000. 

Failure to replace the bolts within the new 

fatigue life limits constitutes an unsafe 

condition. 

For the reasons described above, this 

[EASA] AD requires the replacement of all 

slat extension eccentric bolts, P/N 

A5786451220800, with slat extension 

eccentric bolts P/N A5784307920000 at the 

slat 2 tracks 4, 6 and 7 positions, as well as 

at the slat 3 track 8 position, on both LH and 

RH wings. 

In addition, it is required to replace the slat 

extension eccentric bolt P/N A57843624200 

at slat 2 track 5 with a bolt P/N 

A57843624202. 

Required actions also include a 

concurrent inspection of the removed 

bolts for cracking. If cracking is found, 

certain bolts at slat 2 track 5 are 

replaced with new bolts before further 

flight. If cracking is not found, certain 

bolts at slat 2 track 5 are replaced with 

new bolts at 35,900 total flight cycles or 

71,800 total flight hours, whichever 

occurs first. The unsafe condition is 

fatigue cracking which could result in 

the loss of structural integrity of the 

airplane. You may obtain further 

information by examining the MCAI in 

the AD docket. 


emcdonald on DSK29S0YB1PROD with PROPOSALS
Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules 25931 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletin A310–57–2043, Revision 05, 

dated September 29, 2010; Mandatory 

Service Bulletin A310–57–2098, dated 

July 22, 2011; and Mandatory Service 

Bulletin A310–57–2099, dated July 22, 

2011. 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. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 48 products of U.S. registry. 

We also estimate that it would take 

about 12 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 about $35,365 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 

$1,746,480, or $36,385 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); 

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–2012–0414; 

Directorate Identifier 2011–NM–210–AD. 

(a) Comments Due Date 

We must receive comments by June 18, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A310– 

203, -221, and -222 airplanes; certificated in 

any category; all manufacturer serial numbers 

(MSN), except airplanes having MSN 0415, 

0419, 0424, 0427, 0430, 0454, 0468, 0486, 

and 0487. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 57: Wings. 

(e) Reason 

This AD was prompted by the 

manufacturer re-classifying slat extension 

eccentric bolts as principal structural 

elements (PSE) with replacement due at or 

before their calculated fatigue lives. We are 

issuing this AD to prevent fatigue cracking 

which could result in the loss of structural 

integrity 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) Bolt Replacement at Slat 2 Track 6 and 

Visual Inspection 

(1) At the later of the times specified in 

paragraphs (g)(1)(i) and (g)(1)(ii) of this AD: 

Replace the slat extension eccentric bolts 

having part number (P/N) A5786451220800 

at slat 2 track 6 on both wings with bolts 

having P/N A5784307920000, in accordance 

with the Accomplishment Instructions of 

Airbus Mandatory Service Bulletin A310–57– 

2043, Revision 05, September 29, 2010. 

(i) Before the accumulation of 14,000 total 

flight cycles or 19,000 total flight hours, 

whichever occurs first. 

(ii) Within 6 months after the effective date 

of this AD. 

(2) Concurrently with the actions specified 

in paragraph (g)(1) of this AD: Do a general 

visual inspection of the removed slat 

extension eccentric bolts having P/N 

A5786451220800 to detect cracking, in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A310–57–2043, Revision 05, 

September 29, 2010. 

(i) If any cracking is found during the 

inspection required by paragraph (g)(2) of 

this AD: Before further flight, replace the slat 

extension eccentric bolt having P/N 

A57843624200 at slat 2 track 5, on the right 

or left wing as applicable, with a bolt having 

P/N A57843624202, in accordance with 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A310–57–2099, 

dated July 22, 2011. 

(ii) If no cracking is found during the 

inspection required by paragraph (g)(2) of 

this AD: Before the accumulation of 35,900 

total flight cycles or 71,800 total flight hours, 

whichever occurs first, replace the slat 

extension eccentric bolt having P/N 

A57843624200 at slat 2 track 5, on the right 

or left wing as applicable, with a bolt having 

P/N A57843624202, in accordance with 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A310–57–2099, 

dated July 22, 2011. 

(h) Bolt Replacement at Slat 2 Track 4 and 

Track 7, and Slat 3 Track 8 

Within 30 months after the effective date 

of this AD: Replace the slat extension 


emcdonald on DSK29S0YB1PROD with PROPOSALS
25932 Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules 

eccentric bolts having P/N A5786451220800 

at slat 2 track 4 and track 7, and slat 3 track 

8, on both wings, with bolts having P/N 

A5784307920000, in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A310–57–2098, 

dated July 22, 2011. 

(i) Parts Installation 

After modification of an airplane as 

required by this AD, do not install any slat 

extension eccentric bolt having P/N 

A5786451220800 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, Washington 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 European Aviation Safety 

Agency Airworthiness Directive 2011–0187, 

dated September 27, 2011, and the following 

service information, for related information. 

(1) Airbus Mandatory Service Bulletin 

A310–57–2043, Revision 05, dated 

September 29, 2010. 

(2) Airbus Mandatory Service Bulletin 

A310–57–2098, dated July 22, 2011. 

(3) Airbus Mandatory Service Bulletin 

A310–57–2099, dated July 22, 2011. 

Issued in Renton, Washington, on April 25, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–10573 Filed 5–1–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742 and 774 

[Docket No. 120105018–2011–01] 

RIN 0694–AF53 

Revisions to the Export Administration 

Regulations (EAR): Control of 

Energetic Materials and Related 

Articles That the President Determines 

No Longer Warrant Control Under the 

United States Munitions List (USML) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Proposed rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) publishes this proposed 

rule describing how energetic materials 

and related articles that the President 

determines no longer warrant control 

under Category V (Explosives and 

Energetic Materials, Propellants, 

Incendiary Agents and Their 

Constituents) of the United States 

Munitions List (USML) would be 

controlled under the Commerce Control 

List (CCL) in new Export Control 

Classification Numbers (ECCNs) 1B608, 

1C608, 1D608, and 1E608. If 

implemented, this proposed rule would 

also control under ECCN 1C111 some of 

the aluminum powder and hydrazine 

and derivatives thereof that are now 

controlled under Category V of the 

USML. This proposed rule also would 

control equipment for the ‘‘production’’ 

of explosives and solid propellants, 

currently controlled under ECCN 

1B018.a, and related ‘‘software,’’ 

currently controlled under ECCN 

1D018, under new ECCNs 1B608 and 

1D608, respectively. In addition, this 

proposed rule would control 

commercial charges and devices 

containing energetic materials, which 

are currently controlled under ECCN 

1C018, under new ECCN 1C608. This is 

one of a planned series of proposed 

rules describing how various types of 

articles that the President determines, as 

part of the Administration’s Export 

Control Reform Initiative, no longer 

warrant control on the USML, under the 

International Traffic in Arms 

Regulations (ITAR), would be controlled 

on the CCL in accordance with the 

requirements of the Export 

Administration Regulations (EAR). This 

proposed rule is being published in 

conjunction with a proposed rule from 

the Department of State, Directorate of 

Defense Trade Controls, which would 

amend the list of articles controlled by 

USML Category V. 

DATES: Comments must be received by 

June 18, 2012. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. The identification 

number for this rulemaking is BIS– 

2012–0008. 

• By email directly to 

publiccomments@bis.doc.gov. Include 

RIN 0694–AF53 in the subject line. 

• By mail or delivery to Regulatory 

Policy Division, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Room 2099B, 14th Street and 

Pennsylvania Avenue NW., Washington, 

DC 20230. Refer to RIN 0694–AF53. 

FOR FURTHER INFORMATION CONTACT: 

Michael Rithmire, Office of National 

Security and Technology Transfer 

Controls, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Telephone: (202) 482–6105, Email: 

Michael.Rithmire@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 15, 2011, as part of the 

Administration’s ongoing Export 

Control Reform Initiative, the Bureau of 

Industry and Security (BIS) published a 

proposed rule (76 FR 41958) (herein 

‘‘the July 15 proposed rule’’) that set 

forth a framework for how articles, 

which the President determines in 

accordance with section 38(f) of the 

Arms Export Control Act (AECA) (22 

U.S.C. 2778(f)) would no longer warrant 

control on the United States Munitions 

List (USML), would be controlled on the 

Commerce Control List (CCL) in 

Supplement No. 1 to Part 774 of the 

Export Administration Regulations 

(EAR). On November 7, 2011 (76 FR 

68675) (herein ‘‘the November 7 

proposed rule’’), BIS published a rule 

proposing several changes to the 

framework initially proposed in the July 

15 rule. 

Following the structure of the July 15 

and November 7 proposed rules, this 

proposed rule describes BIS’s proposal 

for controlling some energetic materials 

and related articles, which currently are 

controlled by USML Category V under 

the International Traffic in Arms 

Regulations (ITAR), under the EAR and 

its CCL in new Export Control 

Classification Numbers (ECCNs) 1B608, 

1C608, 1D608 and 1E608, and current 

ECCN 1C111. The changes described in 

this proposed rule and the State 

Department’s proposed companion rule 

on Category V of the USML are based on 

a review of this USML Category by the 

Defense Department, which worked 

with the Departments of State and 

Commerce in preparing the proposed 


emcdonald on DSK29S0YB1PROD with PROPOSALS