### 65935 Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Rules and Regulations

1 To view the interim rule and the comment we received, go to http://www.regulations.gov/ #!docketDetail;D=APHIS-2011-0005. the fruit is released for entry into the United States.

(2) A biometric sample of the boxes, crates, or other APHIS-approved packing containers from each consignment will be selected by the NPPO of Chile, and the fruit from these boxes, crates, or other APHIS-approved packing containers will be visually inspected for quarantine pests. A portion of the fruit must be washed with soapy water and the collected filtrate must be microscopically examined for B. chilensis. If a single live B. chilensis mite is found during the inspection process, the certified low-prevalence production site where the fruit was grown will lose its certification.

(e) Phytosanitary certificate. Each consignment of fresh baby kiwi must be accompanied by a phytosanitary certificate issued by the NPPO of Chile that contains an additional declaration stating that the fruit in the consignment was inspected and found free of Brevipalpus chilensis and was grown, packed, and shipped in accordance with the requirements of 7 CFR 319.56–53.
(Approved by the Office of Management and Budget under control number 0579–0374)

Done in Washington, DC, this 19th day of October 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011–27577 Filed 10–24–11; 8:45 am]

**BILLING CODE 3410–34–P**

**DEPARTMENT OF AGRICULTURE**

**Animal and Plant Health Inspection Service** 

**9 CFR Part 56**

**[Docket No. APHIS–2009–0031]**

**RIN 0579–AD21**

**National Poultry Improvement Plan and Auxiliary Provisions; Correction** 

**AGENCY :**  Animal and Plant Health Inspection Service, USDA.

**ACTION :**  Correcting amendment.

**SUMMARY :**  In a final rule that was published in the Federal Register on March 22, 2011, and effective on April 21, 2011, we amended the regulations for the control of H5/H7 low pathogenic avian influenza to simplify the list of types of poultry eligible for 100 percent indemnity, among other changes. This document corrects an error in our amendatory instructions accomplishing that change.

**DATES :**  Effective Date: October 25, 2011. **FOR FURTHER INFORMATION CONTACT :**  Dr. C. Stephen Roney, DVM, Senior Staff Officer, NPIP, VS, APHIS, USDA, 1506 Klondike Road, Suite 300, Conyers, GA 30094–5104; (770) 922–3496.

**SUPPLEMENTARY INFORMATION :**  Background

In a final rule that was published in the Federal Register on March 22, 2011 (76 FR 15791–15798, Docket No. APHIS–2009–0031), and effective on April 21, 2011, we amended the National Poultry Improvement Plan (the Plan) and its auxiliary provisions by providing new or modified sampling and testing procedures for Plan participants and participating flocks. We also amended the regulations in 9 CFR part 56, which set out conditions for the payment of indemnity for costs associated with poultry that are infected with or exposed to the H5 or H7 subtypes of low pathogenic avian influenza.

In § 56.3, we simplified the list of types of poultry eligible for 100 percent indemnity in paragraph (b) by replacing former paragraphs (b)(1) through (b)(6) with new paragraphs (b)(1) and (b)(2) and redesignating former paragraph (b)(7) as paragraph (b)(3). However, our amendatory instructions for accomplishing this change neglected to remove former paragraph (b)(3), resulting in the presence of two paragraphs designated (b)(3) in the Code of Federal Regulations. This document corrects that error.
List of Subjects in 9 CFR Part 56

Animal diseases, Indemnity payments, Low pathogenic avian influenza, Poultry.

Accordingly, we are amending 9 CFR part 56 as follows:

**PART 56—CONTROL OF H5/H7 LOW PATHOGENIC AVIAN INFLUENZA** 

■ 1. The authority citation for part 56 continues to read as follows:

Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4.

**§ 56.3 [Amended]**

■ 2. In § 56.3, the first paragraph (b)(3) is removed.

Done in Washington, DC, this 19th day of October 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011–27579 Filed 10–24–11; 8:45 am]

**BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE** 

**Animal and Plant Health Inspection Service** 

**9 CFR Part 78**

**[Docket No. APHIS–2011–0005]**

**Brucellosis in Swine; Add Texas to List of Validated Brucellosis-Free States** 

**AGENCY :**  Animal and Plant Health Inspection Service, USDA.

**ACTION :**  Affirmation of interim rule as final rule.

**SUMMARY :**  We are adopting as a final rule, without change, an interim rule that amended the brucellosis regulations concerning the interstate movement of swine by adding Texas to the list of validated brucellosis-free States. The interim rule was necessary to relieve certain restrictions on interstate movement of breeding swine from Texas.

**DATES :**  Effective on October 25, 2011, we are adopting as a final rule the interim rule published at 76 FR 28885– 28886 on May 19, 2011.

**FOR FURTHER INFORMATION CONTACT :**  Dr. Troy Bigelow, Swine Health Programs, Aquaculture, Swine, Equine, and Poultry Programs, National Center for Animal Health Programs, VS, APHIS, 210 Walnut Street Room 891, Des Moines, IA 50309; (515) 284–4121.

**SUPPLEMENTARY INFORMATION :**  Background

Brucellosis is a contagious disease caused by bacteria of the genus Brucella. The disease mainly affects cattle, bison, and swine, but goats, sheep, horses, and even humans are susceptible. In its principal animal hosts, it causes loss of young through spontaneous abortion or birth of weak offspring, reduced milk production, and infertility. There is no economically feasible treatment for brucellosis in livestock. In humans, brucellosis initially causes flu-like symptoms, but the disease may develop into a variety of chronic conditions, including arthritis. Humans can be treated for brucellosis with antibiotics.

In an interim rule 1 effective and published in the Federal Register on May 19, 2011 (76 FR 28885–28886, Docket No. APHIS–2011–0005), we amended the brucellosis regulations in 9 CFR part 78 by adding Texas to the list of validated brucellosis-free States in § 78.43. That action relieved certain


### 65936 Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Rules and Regulations

restrictions on the interstate movement of breeding swine from Texas.

Comments on the interim rule were required to be received on or before July 18, 2011. We received one comment by that date. The comment, from a State animal health agency, supported the interim rule. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule without change.

This action also affirms the information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.

Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. List of Subjects in 9 CFR Part 78

Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and recordkeeping requirements, Transportation.

**PART 78—BRUCELLOSIS**

■ Accordingly, we are adopting as a final rule, without change, the interim rule that amended 9 CFR part 78 and that was published at 76 FR 28885– 28886 on May 19, 2011.

Done in Washington, DC, this 19th day of October 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011–27572 Filed 10–24–11; 8:45 am]

**BILLING CODE 3410–34–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2011–0255; Directorate Identifier 2010–NM–253–AD; Amendment**  **39–16844; AD 2011–22–02]**

**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 A310 series airplanes; Model A300 B4–600, B4–600R, and F4– 600R series airplanes; and Model C4– 605R variant F airplanes (collectively called A300–600 series airplanes). This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

An operator reported several cases of wire damages at the pylon/wing interface. Analysis revealed that wires damages are due to installation quality issue resulting from lack of information in installation drawings and job cards.

Moreover detailed analysis has highlighted that the Low Pressure Valve (LPV) wires were not segregated by design.
* * * * *

If left uncorrected, the wire chafing could impact fire protection and detection system. It may also induce dormant failure on LPV preventing its closure leading to a permanent and uncontrolled fire (in case of fire ignited upstream the High Pressure Valve (HPV)).
* * * * *

We are issuing this AD to require actions to correct the unsafe condition on these products.

**DATES :**  This AD becomes effective November 29, 2011.

**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, Washington 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 March 22, 2011 (76 FR 15870). That NPRM proposed to correct an unsafe condition for the specified products. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued revised parallel mandatory continuing airworthiness information (MCAI) AD 2010–0178R1, dated May 20, 2011. The revised MCAI states:

An operator reported several cases of wire damages at the pylon/wing interface. Analysis revealed that wires damages are due to installation quality issue resulting from lack of information in installation drawings and job cards. Moreover detailed analysis has highlighted that the Low Pressure Valve (LPV) wires were not segregated by design.

Due to design similarities, A310, A300–600 and A300–600ST aeroplanes can be affected, depending on the wires installation in the concerned area.

If left uncorrected, the wire chafing could impact fire protection and detection system. It may also induce dormant failure on LPV preventing its closure leading to a permanent and uncontrolled fire (in case of fire ignited upstream the High Pressure Valve (HPV)).

For the reasons explained above, this AD requires the modification of the electrical installation in the pylon/wing interface to avoid wire damages.

Shortly after this [EASA] AD was issued, it was discovered that Airbus Service Bulletin (SB) A310–24–2106, associated to Airbus modification 13541, contained wrong Low Pressure Valve installation drawings. This makes it impossible for the operators to accomplish the SB instructions. Consequently, Airbus have revised the SB to correct the error.

Revision 1 of this [EASA] AD is issued to require modification 13541 to be incorporated in accordance with the instructions of Airbus SB A310–24–2106 at Revision 1.

The modification includes a general visual inspection of wires for damage, and repair if necessary. 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 considered the comment received. Request To Change Compliance Time

UPS stated that it agreed with the actions proposed in the NPRM (76 FR 15870, March 22, 2011); however, it requested that the 30-month compliance time be extended to 36 months. UPS stated that extending the compliance time to 36 months would reduce the potential for special maintenance visits for unmodified airplanes. UPS stated that the additional 6 months would reduce potential operator hardship and allow for a timely correction of the unsafe condition. UPS also stated that, in accordance with EASA Airworthiness Directive 2010–0178, dated August 23, 2010; Airbus Mandatory Service Bulletin A300–24–6106, dated March 31, 2010; and Airbus Mandatory Service Bulletin A310–24–2106, dated May 27, 2010; the original wire damage was a result of installation defects during production, and the issues related to wiring segregation, conduit installation, and improved clamping and lacing wereall identified by Airbus during the twoyear investigation process. UPS stated that these design improvements are not related to the correction of the installation defects, and they are not