[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Proposed Rules]
[Pages 26996-26998]
[FR Doc No: 2012-11023]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0427; Directorate Identifier 2011-NM-202-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A320-214 and-232 airplanes. This proposed AD was
prompted by reports that medium-head fasteners were installed in lieu
of shear-head fasteners on a certain upper panel which manufacturer
fatigue and damage tolerance analyses demonstrated could have an affect
on panel fatigue life. This proposed AD would require repetitive
inspections for cracking of certain fasteners, and repairs if
necessary. We are proposing this AD to detect and correct cracking
which could result in the loss of structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by June 22, 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:<PHONE_NUMBER>.
     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<EMAIL_ADDRESS>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<PHONE_NUMBER>.

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<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax<PHONE_NUMBER>.

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-2012-0427;
Directorate Identifier 2011-NM-202-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 2011-0176, dated September 13, 2011 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    A problem was reported during the installation of upper panels
on Frame 35 in Airbus A320 final assembly line. Investigations
revealed that medium head fasteners, Part Number (P/N) EN6114V3,
were installed in lieu of shear head fasteners, P/N ASNA2657V3 and
ASNA2043V3, which were previously used. Installation of these medium
head fasteners leads to a deeper

countersink in the panel. Fatigue and damage tolerance analyses were
performed, the results of which demonstrated that this installation
could have a fatigue impact on two rows of fasteners between
stringers (STGR) 5 and 6, and indicated the need for a specific
inspection in this area.
    This condition, if not detected and corrected, could impair the
structural integrity of the affected aeroplanes.
    For the reasons described above, this [EASA] AD requires
repetitive special detailed [high frequency eddy current]
inspections [for cracking] of the affected fasteners and, depending
on findings, the accomplishment of associated corrective actions
[repair].

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-53-1244, including Appendix
1, dated March 17, 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 44 products of U.S. registry. We also estimate that
it would take about 3 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $11,220, or $255 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD. 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 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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2012-0427; Directorate Identifier 2011-NM-
202-AD.

(a) Comments Due Date

    We must receive comments by June 22, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A320-214 and -232 airplanes;
certificated in any category; manufacturer serial numbers 3456,
3503, 3516, 3529, 3591, 3597, 3611, 3631, 3696, 3698, 3714, 3719,
3775, 3777, 3780, 3782, 3786, 3797, 3805, 3812, 3870, 3907, 3909,
3913, 3922, 3929, 3946, 3953, 3975, 3979, 3991, 4010, 4012, 4014,
4027, 4034, 4043, 4046, 4064, 4065, 4084, 4093, 4094, and 4097.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports that medium-head fasteners were
installed in lieu of shear-head fasteners on a certain upper panel
which manufacturer fatigue and damage tolerance analyses
demonstrated could have an effect on panel fatigue life. We are
issuing this AD to detect and correct 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) Repetitive Inspection

    At the later of the times in paragraphs (g)(1) and (g)(2) of
this AD: Do a high frequency eddy current inspection for cracking of
the 2 rows of 6 fasteners at frame 35 between stringers 5 and 6 on
the left and right sides, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-53-1244, excluding
Appendix 1, dated March 17, 2011. Repeat the inspection thereafter
at intervals not to exceed 28,100 flight cycles or 56,300 flight
hours, whichever occurs first.
    (1) Before the accumulation of 35,900 total flight cycles or
88,100 total flight hours, whichever occurs first.
    (2) Within 30 days after the effective date of this AD.

(h) Corrective Action

    If any crack is detected during any inspection required by
paragraph (g) of this AD: Before further flight, repair the crack
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.

(i) 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: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
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 EASA Airworthiness Directive 2011-0176, dated
September 13, 2011; and Airbus Service Bulletin A320-53-1244,
excluding Appendix 1, dated March 17, 2011; for related information.

    Issued in Renton, Washington, on April 29, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-11023 Filed 5-7-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Notices]
[Pages 80826-80827]
[FR Doc No: 2010-32232]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0466]

Compliance Policy Guide Sec. 527.300 Dairy Products--Microbial
Contaminants and Alkaline Phosphatase Activity; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of Compliance Policy Guide Sec. 527.300 Dairy Products--
Microbial Contaminants and Alkaline Phosphatase

Activity (the CPG). The CPG provides guidance for FDA staff on its
enforcement policies for pathogens and other indicators of inadequate
pasteurization or post-pasteurization contamination of dairy products.

DATES: Submit either electronic or written comments on the CPG at any
time.

ADDRESSES: Submit written requests for single copies of the CPG to the
Division of Compliance Policy (HFC-230), Office of Enforcement, Food
and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. Send
two self-addressed adhesive labels to assist that office in processing
your request, or fax your request to<PHONE_NUMBER>. See the
SUPPLEMENTARY INFORMATION section for electronic access to the CPG.
    Submit electronic comments to http://www.regulations.gov. Submit
written comments on the CPG to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Monica Metz, Center for Food Safety
and Applied Nutrition (HFS-316), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of December 1, 2009 (74 FR 62795), FDA made
available draft CPG Sec. 527.300 Dairy Products--Microbial Contaminants
and Alkaline Phosphatase Activity and gave interested parties an
opportunity to submit comments by February 1, 2010. The agency reviewed
and evaluated these comments and has modified the CPG where
appropriate.
    The CPG provides guidance for FDA staff regarding pathogens and
indicators of inadequate pasteurization or post-pasteurization
contamination of dairy products. The CPG outlines regulatory
enforcement policies for FDA staff to use to initiate legal action
recommendations based on analytical determinations that a dairy product
contains a pathogenic microorganism (i.e., Salmonella species,
enterohemorrhagic Escherichia coli (EHEC) O157:H7 and other
enterohemorrhagic Escherichia coli, Campylobacter jejuni, Yersinia
enterocolitica, or Clostridium botulinum); toxins produced by
Clostridium botulinum, enterotoxigenic Staphylococcus, or Bacillus
cereus; Staphylococcus aureus; Bacillus cereus; nontoxigenic
Escherichia coli; or alkaline phosphatase. The CPG also contains
information that may be useful to the regulated industry and to the
public.
    FDA is issuing the CPG as level 1 guidance consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The CPG represents
FDA's current thinking on pathogens and indicators of inadequate
pasteurization or post-pasteurization contamination of dairy products.
It does not create or confer any rights for or on any person and does
not operate to bind FDA or the public. An alternate approach may be
used if such approach satisfies the requirements of the applicable
statutes and regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding the
CPG. It is only necessary to submit one set of comments. It is no
longer necessary to send two paper copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

III. Electronic Access

    Persons with access to the Internet may obtain the CPG from FDA's
Office of Regulatory Affairs history page. It may be accessed at http://www.fda.gov/ora/compliance_ref/cpg/default.htm.

    Dated: December 16, 2010.
Dara Corrigan,
Associate Commissioner for Regulatory Affairs.
[FR Doc. 2010-32232 Filed 12-22-10; 8:45 am]
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[Federal Register: September 21, 2010 (Volume 75, Number 182)]
[Rules and Regulations]
[Page 57374]
[DOCID:fr21se10-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0393; Airspace Docket No. 10-ANM-2]

Establishment of Class E Airspace and Amendment to Class D
Airspace; Troutdale, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action will establish Class E airspace and amend existing
Class D airspace at Troutdale, OR, to accommodate aircraft using Non-
directional Radio Beacon (NDB) Global Positioning System (GPS) Standard
Instrument Approach Procedures (SIAPs) at Portland-Troutdale Airport.
This will improve the safety and management of Instrument Flight Rules
(IFR) operations at the airport. This action also amends the geographic
coordinates of the Class D airspace area at the airport.

DATES: Effective date, 0901 UTC, November 18, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On June 14, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend controlled airspace at
Troutdale, OR (75 FR 33557). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
    Class D and Class E airspace designations are published in
paragraph 5000 and 6002, respectively, of FAA Order 7400.9U dated
August 18, 2010, and effective September 15, 2010, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing Class E surface airspace at Portland-Troutdale
Airport, to accommodate IFR aircraft executing NDB (GPS) SIAPs at the
airport. This action is necessary for the safety and management of IFR
operations. The geographic coordinates of the existing Class D airspace
will be updated to coincide with the FAA's National Aeronautical
Navigation Services.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (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);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, section 106 discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in subtitle VII, part A,
subpart I, section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it establishes
additional controlled airspace at Portland-Troutdale Airport,
Troutdale, OR.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, and effective September 15,
2010 is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ANM OR D Portland-Troutdale, OR [Amended]

Portland-Troutdale Airport, Troutdale, OR
    (Lat. 45[deg]32'58'' N., long. 122[deg]24'05'' W.)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4-mile radius of the Portland-Troutdale
Airport, excluding the portion within the Portland International
Airport, OR, Class C airspace area. This Class D airspace area is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will thereafter
be continuously published in the Airport/Facility Directory.

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ANM OR E2 Portland-Troutdale, OR [New]

Portland-Troutdale Airport, Troutdale, OR
    (Lat. 45[deg]32'58'' N., long. 122[deg]24'05'' W.)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4-mile radius of the Portland-Troutdale
Airport, excluding the portion within the Portland International
Airport, OR, Class C airspace area.

    Issued in Seattle, Washington, on August 30, 2010.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-23397 Filed 9-20-10; 8:45 am]
BILLING CODE 4910-13-P