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

29914 

Vol. 77, No. 98 

Monday, May 21, 2012 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 92, 93, 94, 95, 96, and 98 

[Docket No. APHIS–2008–0010] 

RIN 0579–AC68 

Bovine Spongiform Encephalopathy; 

Importation of Bovines and Bovine 

Products 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: We are reopening the 

comment period for our proposed rule 

that would amend the regulations that 

govern the importation of animals and 

animal products to revise the conditions 

for the importation of live bovines and 

products derived from bovines with 

regard to bovine spongiform 

encephalopathy. This action will allow 

interested persons additional time to 

prepare and submit comments. 

DATES: We will consider all comments 

that we receive on or before June 14, 

2012. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/#!document

Detail;D=APHIS-2008-0010-0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2008–0010, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http://www.

regulations.gov/#!docketDetail;D=

APHIS-2008-0010 or in our reading 

room, which is located in Room 1141 of 

the USDA South Building, 14th Street 

and Independence Avenue SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 799–7039 before 

coming. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning live ruminants, 

contact Dr. Betzaida Lopez, Import 

Animal Staff Veterinarian, Technical 

Trade Services, Animals, Organisms and 

Vectors, and Select Agents, National 

Center for Import and Export, VS, 

APHIS, 4700 River Road Unit 39, 

Riverdale, MD 20737–1231; (301) 851– 

3364. 

For information regarding ruminant 

products and for other information 

regarding this proposed rule, contact Dr. 

Christopher Robinson, Assistant 

Director, Technical Trade Services, 

Animal Products, National Center for 

Import and Export, VS, APHIS, 4700 

River Road Unit 38, Riverdale, MD 

20737–1231; (301) 851–3300. 

SUPPLEMENTARY INFORMATION: On March 

16, 2012, we published in the Federal 

Register (77 FR 15848–15913, Docket 

No. APHIS–2008–0010) a proposal to 

amend the regulations that govern the 

importation of animals and animal 

products to revise the conditions for the 

importation of live bovines and 

products derived from bovines with 

regard to bovine spongiform 

encephalopathy. 

Comments on the proposed rule were 

required to be received on or before May 

15, 2012. We are reopening the 

comment period on Docket No. APHIS– 

2008–0010 for an additional 30 days. 

This action will allow interested 

persons additional time to prepare and 

submit comments. We will also consider 

all comments received between May 16, 

2012 (the day after the close of the 

original comment period) and June 14, 

2012. 

Authority: 7 U.S.C. 8301–8317; 21 U.S.C. 

136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 

2.80, and 371.4. 

Done in Washington, DC, this 17th day of 

May 2012. 

Gregory L. Parham, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2012–12318 Filed 5–17–12; 11:15 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0489; Directorate 

Identifier 2011–NM–229–AD] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

SYSTEMS (Operations) Limited 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all BAE 

SYSTEMS (Operations) Limited Model 

4101 airplanes. This proposed AD was 

prompted by reports that the fire 

extinguisher in the toilet vanity unit 

needs to be mounted vertically rather 

than horizontally. This proposed AD 

would require inspecting to determine if 

a certain fire extinguisher bottle is 

installed, and repositioning the affected 

fire extinguisher bottle to the vertical 

position. We are proposing this AD to 

detect and correct the orientation of the 

fire extinguisher bottle in the toilet 

vanity unit to the vertical position, 

which if not corrected, could result in 

a toilet waste bin fire spreading, and 

consequent damage to the airplane and 

injury to its occupants. 

DATES: We must receive comments on 

this proposed AD by July 5, 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 BAE 

SYSTEMS (Operations) Limited, 

Customer Information Department, 

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Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 29915 

Prestwick International Airport, 

Ayrshire, KA9 2RW, Scotland, United 

Kingdom; telephone +44 1292 675207; 

fax +44 1292 675704; email 

RApublications@baesystems.com; 

Internet http://www.baesystems.com/

Businesses/RegionalAircraft/index.htm. 

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: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone 425– 

227–1175; 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–2012–0489; Directorate Identifier 

2011–NM–229–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 2011–0194, 

dated October 6, 2011 (referred to after 

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

condition for the specified products. 

The MCAI states: 

The Jetstream 4100 is equipped with a fire 

extinguisher that, if a fire is detected, 

discharges into the waste bin located within 

the toilet vanity unit. 

On the majority of aeroplanes, the 

furnishing vendor’s original design installs 

the fire extinguisher bottle part number (P/ 

N) BA20509AM–4 in a horizontal position 

within the vanity unit. BAE Systems have 

subsequently been informed by the fire 

extinguisher manufacturer that the fire 

extinguisher bottle should be mounted 

vertically, as its operation cannot be 

guaranteed when mounted horizontally. In 

the event of a fire in the waste bin the 

extinguishant may not fully discharge from 

the fire extinguisher bottle. 

This condition, if not corrected, could 

result in a toilet waste bin fire propagation 

and consequent damage to the aeroplane 

and/or injury to its occupants. 

For the reasons described above, this 

[EASA] AD requires [an inspection to 

determine if a certain fire extinguisher is 

installed and] the repositioning of the fire 

extinguisher bottle from a horizontal 

orientation to a vertical orientation. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

BAE SYSTEMS (Operations) Limited 

has issued Service Bulletin J41–26–008, 

Revision 2, dated September 20, 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 4 products of U.S. registry. 

We also estimate that it would take 

about 8 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 $170 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 

$3,400, or $850 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. 

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29916 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 

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: 

BAE SYSTEMS (Operations) Limited: Docket 

No. FAA–2012–0489; Directorate 

Identifier 2011–NM–229–AD. 

(a) Comments Due Date 

We must receive comments by July 5, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to BAE SYSTEMS 

(Operations) Limited Model 4101 airplanes, 

certificated in any category, all serial 

numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 26, Fire Protection. 

(e) Reason 

This AD was prompted by reports that the 

fire extinguisher of the toilet vanity unit 

needs to be mounted vertically, rather than 

horizontally. We are issuing this AD to detect 

and correct the orientation of the fire 

extinguisher bottle in the toilet vanity unit to 

the vertical position, which if not corrected, 

could result in a toilet waste bin fire 

spreading, and consequent damage to the 

airplane and injury to its occupants. 

(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 

Within 2 months after the effective date of 

this AD, determine from the table specified 

in paragraph 2.A.(1) of BAE SYSTEMS 

(Operations) Limited Service Bulletin J41– 

26–008, Revision 2, dated September 20, 

2011, if fire extinguisher bottle part number 

(P/N) BA20509AM–4 is fitted to the airplane. 

If a fire extinguisher bottle P/N BA20509AM– 

4 is fitted, before further flight, reposition the 

fire extinguisher bottle, in accordance with 

the Accomplishment Instructions of BAE 

SYSTEMS (Operations) Limited Service 

Bulletin J41–26–008, Revision 2, dated 

September 20, 2011. 

(h) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using BAE 

SYSTEMS (Operations) Limited Service 

Bulletin J41–26–008, dated October 5, 2010; 

or BAE SYSTEMS (Operations) Limited 

Service Bulletin J41–26–008, Revision 1, 

dated April 12, 2011. 

(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: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone 425–227–1175; 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 EASA Airworthiness 

Directive 2011–0194, dated October 6, 2011; 

and BAE SYSTEMS (Operations) Limited 

Service Bulletin J41–26–008, Revision 2, 

dated September 20, 2011; for related 

information. 

Issued in Renton, Washington, on May 11, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–12288 Filed 5–18–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0392; Airspace 

Docket No. 12–AGL–3] 

Proposed Amendment of Class D 

Airspace; Sault Ste Marie, ON 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class D airspace at Sault Ste 

Marie, ON. Additional controlled 

airspace is necessary to coincide with 

the Canadian control zone over Sault 

Ste Marie Airport. The FAA is taking 

this action to enhance the safety and 

management of Instrument Flight Rules 

(IFR) operations at the airport. 

DATES: 0901 UTC. Comments must be 

received on or before July 5, 2012. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2012– 

0392/Airspace Docket No. 12–AGL–3, at 

the beginning of your comments. You 

may also submit comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

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

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: 817–321– 

7716. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2012–0392/Airspace 

Docket No. 12–AGL–3.’’ The postcard 

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