Federal Register / Vol. 78, No. 1 / Wednesday, January 2, 2013 / Rules and Regulations 15 

Revision 2, dated November 24, 2010, are not 

required in this AD. 

(x) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle 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. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) 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. 

(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, Seattle ACO 

to make those findings. For a repair method 

to be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(4) AMOCs approved previously in 

accordance with AD 2005–13–27, 

Amendment 39–14164 (70 FR 36821, June 

27, 2005), are approved as AMOCs for the 

corresponding requirements in this AD. 

(y) Related Information 

(1) For more information about this AD, 

contact Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: (425) 917–6447; fax: (425) 917– 

6590; email: wayne.lockett@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; 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. 

(z) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(3) The following service information was 

approved on February 6, 2013. 

(i) Boeing Alert Service Bulletin 737– 

53A1234, Revision 2, dated November 24, 

2010. 

(ii) Reserved. 

(4) The following service information was 

approved for IBR on August 1, 2005 (70 FR 

36821, June 27, 2005). 

(i) Boeing Special Attention Service 

Bulletin 737–53–1234, Revision 1, dated 

March 31, 2005. 

(ii) Reserved. 

(5) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P. O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; Internet https:// 

www.myboeingfleet.com. 

(6) 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. 

(7) You may view this 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/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

December 12, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–30924 Filed 12–31–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0999; Directorate 

Identifier 2012–NM–049–AD; Amendment 

39–17300; AD 2012–26–05] 

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 all 

Airbus Model A330–200 Freighter series 

airplanes, Model A330–200 series 

airplanes, Model A330–300 series 

airplanes, Model A340–200 series 

airplanes, and Model A340–300 series 

airplanes. This AD was prompted by a 

report of an in-flight turn back after the 

nose landing gear (NLG) did not retract 

after take-off. This AD requires 

repetitive overhaul of the NLG 

retraction actuator. We are issuing this 

AD to prevent failure of the retraction 

actuator, which could cause collapse of 

the NLG after touchdown and possible 

injury to flightcrew and passengers. 

DATES: This AD becomes effective 

February 6, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of February 6, 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: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone (425) 227–1138; 

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 24, 2012 (77 FR 

58789). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The Mandatory Continuing 

Airworthiness Information (MCAI) 

states: 

An A330 aeroplane experienced an inflight turn back due to inability to retract the 

NLG [nose landing gear] after take-off. 

The subsequent technical investigations 

revealed that the NLG retraction actuator eyeend fitting was detached from the retraction 

actuation rod, that both the eye-end male 

threads and piston rod female threads were 

almost completely stripped, and that there 

was evidence of significant corrosion on 

these parts. Further investigations have 

shown that corrosion caused the retraction 

actuator eye failure. 

This condition, if not corrected, could lead 

to NLG collapse after touchdown, potentially 

resulting in damage to the aeroplane and 

injury to its occupants. 

For the reasons described above, this 

[European Aviation Safety Agency (EASA)] 

AD requires accomplishment of an overhaul 

of the NLG retraction actuator. This [EASA] 

AD also defines the Time Between Overhaul 

(TBO) for the NLG retraction actuator to be 

10 years. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (77 

FR 58789, September 24, 2012) or on the 

determination of the cost to the public. 


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16 Federal Register / Vol. 78, No. 1 / Wednesday, January 2, 2013 / Rules and Regulations 

Conclusion 

We reviewed the available data 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 

58789, September 24, 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 58789, 

September 24, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

65 products of U.S. registry. We also 

estimate that it will take about 16 workhours 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 $88,400 or $1,360 per product. 

Should an operator elect to 

accomplish an optional replacement 

instead, we estimate that any optional 

replacement action would take about 16 

work-hours and require parts costing 

$94,000 for a cost of $95,360 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 58789, 

September 24, 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, 

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: 

2012–26–05 Airbus: Amendment 39–17300. 

Docket No. FAA–2012–0999; Directorate 

Identifier 2012–NM–049–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective February 6, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the airplanes, 

certificated in any category, identified in 

paragraphs (c)(1) and (c)(2) of this AD. 

(1) Airbus Model A330–201, A330–202, 

A330–203, A330–223, A330–223F, A330– 

243, A330–243F, A330–301, A330–302, 

A330–303, A330–321, A330–322, A330–323, 

A330–341, A330–342, and A330–343 

airplanes, all manufacturer serial numbers 

(MSN). 

(2) Airbus Model A340–211, A340–212, 

A340–213, A340–311, A340–312, and A340– 

313 airplanes, all MSN. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 32; Landing gear. 

(e) Reason 

This AD was prompted by a report of an 

in-flight turn-back after the nose landing gear 

(NLG) did not retract after take-off. We are 

issuing this AD to prevent failure of the 

retraction actuator, which could cause 

collapse of the NLG after touchdown and 

possible injury to flightcrew and passengers. 

(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) Actions 

At the applicable compliance time 

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

AD, whichever occurs later: Do an overhaul 

of the NLG retraction actuator, in accordance 

with the Accomplishment Instructions of 

Airbus Mandatory Service Bulletin A330–32– 

3255, dated October 13, 2011 (for Model 

A330 series airplanes); or Airbus Mandatory 

Service Bulletin A340–32–4291, dated 

October 13, 2011 (for Model A340 series 

airplanes). Repeat the overhaul thereafter at 

intervals not to exceed 10 years. 

(1) Prior to the accumulation of 10 years 

since the NLG retraction actuator’s first flight 

on an airplane, or from its first flight 

following its last overhaul. 

(2) At the applicable time specified in 

paragraphs (g)(2)(i) and (g)(2)(ii) of this AD. 

(i) If, on the effective date of this AD, the 

NLG retraction actuator has accumulated 

more than 8 years, and less than 14 years, 

from its first flight on an airplane: Within 24 

months after the effective date of this AD, or 

prior to the accumulation of 15 years since 

the NLG retraction actuator’s first flight on an 

airplane, whichever occurs first. 

(ii) If, on the effective date of this AD, the 

NLG retraction actuator has accumulated 14 

years or more since its first flight on an 

airplane: Within 12 months after the effective 

date of this AD. 

(h) Parts Installation Limitation 

As of the effective date of this AD, no 

person may install on an airplane any NLG 

retraction actuator, unless it has been 

overhauled in accordance with the 

requirements of this AD. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 


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Federal Register / Vol. 78, No. 1 / Wednesday, January 2, 2013 / Rules and Regulations 17 

1See Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Public Law 111–203, 124 

Stat. 1376 (2010). The text of the Dodd-Frank Act 

Continued 

(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: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone (425) 227–1138; 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. 

(j) Related Information 

Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2012–0034, 

dated February 29, 2012, and the service 

information identified in paragraphs (j)(1) 

and (j)(2) of this AD, for related information. 

(1) Airbus Mandatory Service Bulletin 

A330–32–3255, dated October 13, 2011. 

(2) Airbus Mandatory Service Bulletin 

A340–32–4291, dated October 13, 2011. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Airbus Mandatory Service Bulletin 

A330–32–3255, dated October 13, 2011. 

(ii) Airbus Mandatory Service Bulletin 

A340–32–4291, dated October 13, 2011. 

(3) For service information identified in 

this 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; email 

airworthiness.A330–A340@airbus.com; 

Internet http://www.airbus.com. 

(4) You may review copies of the 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. 

(5) You may view this 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/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

December 17, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–31004 Filed 12–31–12; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 23 

RIN 3038–AC96 

Business Conduct and Documentation 

Requirements for Swap Dealers and 

Major Swap Participants; Extension of 

Compliance Date 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Extension of compliance dates; 

request for comment. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’) is 

changing the compliance dates for 

certain rules in the Commission’s 

regulations governing business conduct 

standards for swap dealers (‘‘SDs’’) and 

major swap participants (‘‘MSPs’’), and 

certain rules requiring SDs and MSPs to 

engage in portfolio reconciliation and to 

have certain documentation with their 

swap counterparties. The Commission is 

extending the compliance date for 

certain rules by four months, and up to 

six months for others. The extended 

compliance dates are intended to 

provide SDs and MSPs with additional 

time to achieve compliance with certain 

regulations. 

DATES: Compliance Dates: The 

compliance date for the regulations at 

17 CFR 23.201(b)(3)(ii), 23.402; 

23.410(c); 23.430; 23.431(a) through (c); 

23.432; 23.434(a)(2), (b), and (c); 23.440; 

23.450, and 23.505 is extended until 

May 1, 2013; the compliance date for 

the regulations at 17 CFR 23.502 and 

23.504 is extended until July 1, 2013. 

Comment Date: The Commission will, 

however, consider any comments 

received on or before February 1, 2013 

and may revise the modified 

compliance dates, if warranted. 

ADDRESSES: You may submit comments, 

identified by RIN number 3038–AC96 

and Business Conduct and 

Documentation Requirements for Swap 

Dealers and Major Swap Participants, by 

any of the following methods: 

• Agency Web site, www.cftc.gov, via 

its Comments Online process at http:// 

comments.cftc.gov/PublicComments/ 

ReleasesWithComments.aspx. Follow 

the instructions for submitting 

comments through the Web site. 

• Mail: Secretary of the Commission, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581. 

• Hand Delivery/Courier: Same as 

mail above. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Please submit your comments using 

only one method. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments will be 

posted as received to www.cftc.gov. You 

should submit only information that 

you wish to make available publicly. If 

you wish the Commission to consider 

information that may be exempt from 

disclosure under the Freedom of 

Information Act, a petition for 

confidential treatment of the exempt 

information may be submitted according 

to the established procedures in § 145.9 

of the Commission’s regulation, 17 CFR 

145.9. 

The Commission reserves the right, 

but shall have no obligation, to review, 

pre-screen, filter, redact, refuse or 

remove any or all of your submission 

from www.cftc.gov that it may deem to 

be inappropriate for publication, such as 

obscene language. All submissions that 

have been redacted or removed that 

contain comments on the merits of the 

rulemaking will be retained in the 

public comment file and will be 

considered as required under the 

Administrative Procedure Act and other 

applicable laws, and may be accessible 

under the Freedom of Information Act. 

FOR FURTHER INFORMATION CONTACT: 

Frank Fisanich, Chief Counsel, 202– 

418–5949, ffisanich@cftc.gov, Jason A. 

Shafer, Attorney-Advisor, 202–418– 

5097, jshafer@cftc.gov, Division of Swap 

Dealer and Intermediary Oversight, or 

Sayee Srinivasan, Research Analyst, 

202–418–5309, ssrinivasan@cftc.gov, 

Office of the Chief Economist, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 21, 2010, President Obama 

signed the Dodd-Frank Act.1 Title VII of 


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