58098 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 

TABLE 3—ALL MATERIAL INCORPORATED BY REFERENCE

Service Bulletin Revision Date 

328 Support Services Alert Service Bulletin ASB–328–57–037 ..................................................................... 2 May 20, 2008. 

328 Support Services Alert Service Bulletin ASB–328J–57–015 ................................................................... 2 May 20, 2008. 

328 Support Services Service Bulletin SB–328–57–481 ................................................................................ 1 October 15, 2009. 

328 Support Services GmbH Service Bulletin SB–328J–57–230 .................................................................. 1 October 15, 2009. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact 328 Support Services GmbH, 

Global Support Center, P.O. Box 1252, D– 

82231 Wessling, Federal Republic of 

Germany; telephone +49 8153 88111 6666; 

fax +49 8153 88111 6565; e-mail 

gsc.op@328support.de; Internet http:// 

www.328support.de. 

(3) You may review copies of the 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. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on August 

19, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–22032 Filed 9–19–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0221; Directorate 

Identifier 2010–NM–120–AD; Amendment 

39–16805; AD 2011–18–23] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all The 

Boeing Company Model DC–8–11, DC– 

8–12, DC–8–21, DC–8–31, DC–8–32, 

DC–8–33, DC–8–41, DC–8–42, and DC– 

8–43 airplanes; Model DC–8–50 series 

airplanes; Model DC–8F–54 and DC– 

8F–55 airplanes; Model DC–8–60 series 

airplanes; Model DC–8–60F series 

airplanes; Model DC–8–70 series 

airplanes; and Model DC–8–70F series 

airplanes. This AD requires repetitive 

high frequency eddy current or 

repetitive low frequency eddy current 

inspections for cracks on the area 

around certain fasteners of the access 

opening doubler on the left and right 

wing center spar lower cap, and repair, 

if necessary. This AD was prompted by 

reports that cracks in the center spar 

lower cap and, in some cases, the web 

of the spar, have been found at stations 

Xrs = 168.00, Xrs = 251.00, and Xrs = 

358.00. We are issuing this AD to detect 

and correct cracks in the area around 

certain fasteners of the access opening 

doubler on the left and right wing center 

spar lower cap, which could 

compromise the structural integrity of 

the wing structure. 

DATES: This AD is effective October 25, 

2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of October 25, 2011. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, 3855 

Lakewood Boulevard, MC D800–0019, 

Long Beach, California 90846–0001; 

telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet 

https://www.myboeingfleet.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 Management Facility between 9 

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

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: Dara 

Albouyeh, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office 

(ACO), 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

phone: (562) 627–5222; fax: (562) 627– 

5210; e-mail: dara.albouyeh@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to the 

specified products. That NPRM 

published in the Federal Register on 

March 15, 2011 (76 FR 13926). That 

NPRM proposed to require repetitive 

high frequency eddy current or 

repetitive low frequency eddy current 

inspections for cracks on the area 

around certain fasteners of the access 

opening doubler on the left and right 

wing center spar lower cap, and repair, 

if necessary. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comment 

received on the proposal and the FAA’s 

response to each comment. 

Request To Revise Paragraph (h)(3) of 

the NPRM 

Boeing requested that we revise 

paragraph (h)(3) of the NPRM (76 FR 

13926, March 15, 2011) to refer to 

‘‘Method 101 and 104,’’ instead of 

‘‘Method 101 or 104.’’ Boeing explained 

that Methods 101 and 104 should be 

used when using Section 57–10–16 of 

the McDonnell Douglas DC–8 

Supplemental Inspection Document 

(SID) Report L26–011, Volume II, 

Revision 8, dated January 2005. Boeing 

stated that ‘‘Method 101 and 104’’ is 

correctly referenced in the service 

information. 

We agree. We have clarified the 

reference as ‘‘Methods 101 and 104’’ in 

paragraph (h)(3) of the final rule for the 

reasons stated by Boeing. 


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Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 58099 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

We also determined that this change 

will not increase the economic burden 

on any operator or increase the scope of 

the AD. 

Costs of Compliance 

We estimate that this AD would affect 

41 airplanes of U.S. registry. We also 

estimate that it will take 12 work-hours 

per product to comply with this AD. 

The average labor rate is $85 per workhour. Based on these figures, we 

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

operators to be $41,820, or $1,020 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 

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 

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. 

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, 

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 airworthiness 

directive (AD): 

2011–18–23 The Boeing Company: 

Amendment 39–16805; Docket No. 

FAA–2011–0221; Directorate Identifier 

2010–NM–120–AD. 

Effective Date 

(a) This AD is effective October 25, 2011. 

Affected ADs 

(b) This AD affects certain requirements of 

AD 2008–25–05, Amendment 39–15763 (73 

FR 78936, December 24, 2008). 

Applicability 

(c) This AD applies to all The Boeing 

Company Model DC–8–11, DC–8–12, DC–8– 

21, DC–8–31, DC–8–32, DC–8–33, DC–8–41, 

DC–8–42, DC–8–43, DC–8–51, DC–8–52, DC– 

8–53, DC–8–55, DC–8F–54, DC–8F–55, DC– 

8–61, DC–8–62, DC–8–63, DC–8–61F, DC–8– 

62F, DC–8–63F, DC–8–71, DC–8–72, DC–8– 

73, DC–8–71F, DC–8–72F, and DC–8–73F 

airplanes, certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Unsafe Condition 

(e) This AD was prompted by reports that 

cracks in the center spar lower cap and, in 

some cases, the web of the spar, have been 

found at stations Xrs = 168.00, Xrs = 251.00, 

and Xrs = 358.00. The Federal Aviation 

Administration is issuing this AD to detect 

and correct cracks in the area around certain 

fasteners of the access opening doubler on 

the left and right wing center spar lower cap, 

which could compromise the structural 

integrity of the wing structure. 

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. 

Inspection 

(g) Before the accumulation of 20,000 total 

flight cycles, or within 3,000 flight cycles 

after the effective date of this AD, whichever 

occurs later, do a high frequency eddy 

current (HFEC) or low frequency eddy 

current (LFEC) inspection for cracks on the 

area around certain fasteners of the access 

opening doubler on the left and right wing 

center spar lower cap, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin DC8–57A103, dated May 5, 

2010. If no crack is found, repeat the 

inspection thereafter at the applicable 

interval specified in paragraph 1.E., 

‘‘Compliance’’ of Boeing Alert Service 

Bulletin DC8–57A103, dated May 5, 2010. 

Repair 

(h) If any crack is found during any 

inspection required by paragraph (g) of this 

AD, do the actions specified in paragraphs 

(h)(1), (h)(2), and (h)(3) of this AD. 

(1) Before further flight, repair the crack in 

accordance with Boeing Alert Service 

Bulletin DC8–57A103, dated May 5, 2010. 

(2) Within 6,000 flight cycles after doing 

the most recent HFEC inspection, or within 

1,750 flight cycles after doing the most recent 

LFEC inspection; as applicable; do the 

inspection specified in paragraph (g) of this 

AD of the non-repaired area, and repeat the 

inspection of the non-repaired area thereafter 

at the applicable time in paragraph 1.E. 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin DC8–57A103, dated May 5, 2010. 

(3) Within the applicable times specified in 

paragraph 1.E. ‘‘Compliance,’’ of Boeing Alert 

Service Bulletin DC8–57A103, dated May 5, 

2010, do the inspections of the repaired area, 

using the inspection defined in Method 101 

of Section 57–10–06, ‘‘Lower Center Space 

Cap Flanges (FWD & AFT) from STA Xrs = 

100 to 290,’’ or Methods 101 and 104 of 

Section 57–10–16, ‘‘Lower Center Space Cap 

Flanges (FWD & AFT) from STA Xrs = 100 

to 290,’’ of the McDonnell Douglas DC–8 

Supplemental Inspection Document (SID), 

Report L26–011, Volume II, Revision 8, dated 

January 2005, as applicable. Repeat the 

inspection thereafter at the applicable 

intervals specified in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin DC8–57A103, dated May 5, 2010. If 

any crack is found, before further flight, 

repair the crack using a method approved in 

accordance with the procedures specified in 

paragraph (j) of this AD. 

(i) The inspections required by paragraph 

(h)(3) of this AD constitute compliance with 

paragraph (j) of AD 2008–25–05 for the 

repaired area. All requirements of AD 2008– 

25–05 that are not specifically referenced in 

this paragraph remain fully applicable and 

require compliance. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), 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 manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 


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58100 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. 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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

Related Information 

(k) For more information about this AD, 

contact Dara Albouyeh, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles ACO, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; phone: 

(562) 627–5222; fax: (562) 627–5210; e-mail: 

dara.albouyeh@faa.gov. 

Material Incorporated by Reference 

(l) You must use Boeing Alert Service 

Bulletin DC8–57A103, dated May 5, 2010; 

and McDonnell Douglas DC–8 Supplemental 

Inspection Document (SID), Report L26–011, 

Volume II, Revision 8, dated January 2005; as 

applicable; to do the actions required by this 

AD, unless the AD specifies otherwise. The 

current revision of the McDonnell Douglas 

DC–8 SID, Report L26–011, Volume II, 

Revision 8, dated January 2005, is specified 

on only the title page and List of Effective 

Pages of the document; the cover page of this 

document does not specify a revision of date. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood Boulevard, MC 

D800–0019, Long Beach, California 90846– 

0001; telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet https:// 

www.myboeingfleet.com. 

(3) You may review copies of the 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. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/

federal_register/code_of_federal_regulations/

ibr_locations.html. 

Issued in Renton, Washington, on August 

25, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–23709 Filed 9–19–11; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR parts 200, 232, 240 and 249 

[Release Nos. 33–9259; 34–65343; IC– 

29788; File No. S7–10–09] 

RIN 3235–AK27 

Facilitating Shareholder Director 

Nominations 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; notice of effective 

date. 

SUMMARY: This release provides notice 

of the effective date of the amendment 

to Exchange Act Rule 14a–8, the 

shareholder proposal rule, which will 

require companies to include in their 

proxy materials, under certain 

circumstances, shareholder proposals 

that seek to establish a procedure in the 

company’s governing documents for the 

inclusion of one or more shareholder 

director nominees in the company’s 

proxy materials. This release also 

provides notice of the effective date of 

related rule changes adopted 

concurrently with the amendment to 

Rule 14a–8. 

DATES: The effective date of the 

additions of § 200.82a, § 240.14a–18, 

§ 240.14n–1 through § 240.14n–3, and 

§ 240.14n–101, and the amendments to 

§ 232.13, § 240.13a–11, § 240.13d–1, 

§ 240.14a–2, § 240.14a–4, § 240.14a–5, 

§ 240.14a–6, § 240.14a–8, § 240.14a–9, 

§ 240.14a–12, § 240.15d–11, § 240.13d– 

102, § 240.14a–101, and § 249.308, 

published on September 16, 2010 (75 FR 

56668), is September 20, 2011. Section 

240.14a–11 was vacated by the United 

States Court of Appeals for the District 

of Columbia Circuit (No. 10–1305, July 

22, 2011) and therefore is not effective. 

FOR FURTHER INFORMATION CONTACT: 

Tamara Brightwell, Lillian Brown, or 

Ted Yu, Division of Corporation 

Finance, at (202) 551–3200, U.S. 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549. 

SUPPLEMENTARY INFORMATION: By order 

dated October 4, 2010 (Release No. 33– 

9149, 34–63031, IC–29456), the 

Securities and Exchange Commission 

stayed from November 15, 2010 until 

the resolution of the petition for review 

of Exchange Act Rule 14a–11 in 

Business Roundtable et al. v. Securities 

and Exchange Commission, No. 10– 

1305 (D.C. Cir., filed Sept. 29, 2010), the 

effective and compliance dates of 

amendments to the Federal proxy and 

related rules that the Commission 

adopted to facilitate the effective 

exercise of shareholders’ traditional 

state law rights to nominate and elect 

directors to company boards of 

directors. On October 20, 2010, a notice 

of the stay was published in the Federal 

Register (75 FR 64641). That 

announcement stated that a notice of the 

effective and compliance dates of the 

final rules would be published in the 

Federal Register following the 

resolution of the petition for review. On 

July 22, 2011, the United States Court of 

Appeals for the District of Columbia 

Circuit issued an order vacating Rule 

14a–11 and on September 14, 2011, the 

Court issued its mandate. Because the 

mandate concludes the litigation in the 

Court of Appeals, the stay expired by its 

terms. The Court’s order did not affect 

the amendment to Rule 14a–8, which 

was not challenged in the litigation, or 

the related rules and amendments 

adopted concurrently with Rule 14a–11 

and the amendment to Rule 14a–8. 

Accordingly, those rules and 

amendments are effective upon 

publication of this notice in the Federal 

Register. 

As discussed in the preamble above, 

the final rules noted in the DATES

section of this document and published 

on September 16, 2010 (75 FR 56668) 

amending Title 17, Chapter II of the 

Code of Federal Regulations, are 

effective September 20, 2011, with the 

exception, as noted, of Rule 14a–11 (17 

CFR 240.14a–11). 

Dated: September 15, 2011. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–24118 Filed 9–19–11; 8:45 am] 

BILLING CODE 8011–01–P 


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