Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Proposed Rules 1043 

in the immigration laws; the new 

process will reduce the movement of the 

case back and forth between the 

Department of State and USCIS, which 

significantly prolongs the overall 

process and increases the time that U.S. 

citizens are separated from their 

immediate family members. The 

proposed change would affect only 

when and where certain aliens can 

apply for waivers of the unlawful 

presence grounds of inadmissibility; it 

would not change the extreme hardship 

standard for evaluating eligibility for the 

waiver nor would it change whether 

aliens subject to these grounds of 

inadmissibility must depart the U.S. to 

apply for their immigrant visas. USCIS 

plans to effectuate this proposal through 

the regulatory process. USCIS will issue 

a proposed rulemaking that will explain 

the proposal in further detail and that 

will invite comment from all interested 

parties. Note: Do not send an 

application requesting a provisional 

waiver under the procedures under 

consideration in this notice. Any 

application requesting this new process 

will be rejected and the application 

package returned to the applicant, 

including any fees, until a final rule is 

issued and the change becomes 

effective. 

Janet Napolitano, 

Secretary of Homeland Security. 

[FR Doc. 2012–140 Filed 1–6–12; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0945; Directorate 

Identifier 2011–NE–18–AD] 

RIN 2120–AA64 

Airworthiness Directives; Honeywell 

International Inc. Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products identified above. This 

proposed AD was prompted by a report 

of a quality escape of about 8,000 2nd 

stage low pressure turbine (LPT2) rotor 

blades, manufactured by Honeywell 

Chihuahua Manufacturing Operation 

since 2009. This proposed AD would 

require removing and inspecting certain 

LPT2 rotor blades. During LPT rotor 

acceleration, these blades may contact 

and damage the 3rd stage LPT (LPT3) 

nozzle seal carrier, which may 

subsequently fatigue and contact the 

adjacent rotor and damage the rotor. 

Also, these blades could deform the 

blade retainers, which could lead to 

blade movement that may cause rotor 

damage. We are proposing this AD to 

correct an unsafe condition caused by 

these blades installed on these engines. 

DATES: We must receive comments on 

this proposed AD by March 9, 2012. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Honeywell 

International Inc., 111 S. 34th Street, 

Phoenix, AZ 85034–2802; web site: 

http://portal.honeywell.com; or call 

Honeywell toll free at phone: (800) 601– 

3099 (U.S./Canada) or (602) 365–3099 

(International Direct). You may review 

copies of the referenced service 

information at the FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803. 

For information on the availability of 

this material at the FAA, call (781) 238– 

7125. 

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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Costa, Aerospace Engineer, Los 

Angles Aircraft Certification Office, 

FAA, Transport Airplane Directorate, 

3960 Paramount Blvd., Lakewood, CA 

90712–4137; phone: (562) 627–5246; 

fax: (562) 627–5210; email: 

joseph.costa@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2011–0945; Directorate Identifier 2011– 

NE–18–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 because of 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 

During a routine replacement of LPT2 

rotor blades, part numbers (P/Ns) 

3075424–2 and 3075424–3, the new 

LPT2 rotor blades, P/Ns 3075424–2 and 

3075424–3, were seen to have aft 

discouragers that were approximately 

0.020 inch (0.51 mm) longer than the 

existing LPT2 rotor blades, P/Ns 

3075424–2 and 3075424–3. Further 

investigation revealed that the aft 

discouragers of the new LPT2 rotor 

blades, P/Ns 3075424–2 and 3075424–3, 

did not meet the type design 

requirements. That investigation also 

found that only LPT2 rotor blades P/Ns 

3075424–2 and 3075424–3, 

manufactured from specific machining 

lots, are affected. P/N 3075424–2 

suspect lots were manufactured between 

March 2009 and September 2010, 

inclusive. P/N 3075424–3 suspect lots 

were manufactured between July 2010 

and September 2010, inclusive. 

During LPT rotor acceleration, these 

blades may contact and damage the 

LPT3 nozzle seal carrier, which may 

subsequently fatigue and contact the 

adjacent rotor and damage the rotor. 

Also, these blades could deform the 

blade retainers, which could lead to 

blade movement that may cause rotor 

damage. 

We have not received any reports of 

engine in-flight shutdowns due to these 

blades being in service. 

These blades may damage the rotor. 

This condition, if not corrected, could 

result in damage to these blades 

installed on these engines. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
1044 Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Proposed Rules 

Relevant Service Information 

Honeywell International Inc. Service 

Bulletin (SB) TFE731–72–5221, 

Revision 0, dated November 11, 2010 

describes procedures for determining 

affected engine serial numbers (S/Ns) 

and machining lot of affected LPT2 rotor 

blades. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

removing and inspecting suspect LPT2 

rotor blades: 

• At the next major periodic 

inspection, not to exceed 3,000 hours 

time-since-new, or 

• Five years after the effective date of 

this proposed AD, or 

• When the LPT module is 

disassembled. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 3,000 engines installed on 

airplanes of U.S. registry. We also 

estimate that it would take about 1 

work-hour per engine to perform the 

record review, and that the average 

labor rate is $85 per work-hour. For an 

estimated 500 engines with discrepant 

blades, blade rework cost was estimated 

at $2,380 per engine with a replacement 

parts cost about $1,100 per engine. 

Based on these figures, we estimate the 

total cost of the proposed AD to U.S. 

operators to be $1,430,100. 

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. 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Honeywell International Inc. (Formerly 

Allied Signal Inc. and Garrett Turbine 

Engine Company): Docket No. FAA– 

2011–0945; Directorate Identifier 2011– 

NE–18–AD. 

(a) Comments Due Date 

We must receive comments by March 9, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

(1) This AD applies to Honeywell 

International Inc. TFE731–20R, –20AR, 

–20BR, –40, –40AR, –40R, –50R, and –60 

turbofan engines. 

(i) With an engine model number and 

serial number (S/N) listed in Table 4 of 

Honeywell Service Bulletin (SB) TFE731–72– 

5221, Revision 0, dated November 11, 2010, 

or 

(ii) With 2nd stage low pressure turbine 

(LPT2) rotor assembly part numbers (P/Ns) 

3060608–2, 3060608–3, or 3060608–5 that 

had any LPT2 rotor blades P/N 3075424–2 

replaced between March 2009 and September 

2010, inclusive, or that had any LPT2 rotor 

blades P/N 3075424–3 replaced between July 

2010 and September 2010, inclusive. 

(d) Unsafe Condition 

This AD was prompted by a report of a 

quality escape of about 8,000 LPT2 rotor 

blades, manufactured by Honeywell 

Chihuahua Manufacturing Operation since 

2009. During LPT rotor acceleration, these 

blades may contact and damage the 3rd stage 

LPT (LPT3) nozzle seal carrier that may 

subsequently fatigue and contact the adjacent 

rotor and damage the rotor. Also, these 

blades could deform the blade retainers, 

which could lead to blade movement that 

may cause rotor damage. We are issuing this 

AD to correct the unsafe condition caused by 

these blades installed on these engines. 

(e) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(f) Remove LPT2 Rotor Blades 

(1) At the next major periodic inspection, 

not to exceed 3,000 hours time-since-new, or 

within 5 years after the effective date of this 

AD, or at the next access, whichever occurs 

first, do the following using Section 3.0, 

Accomplishment Instructions, of Honeywell 

SB TFE731–72–5221, Revision 0, dated 

November 11, 2010: 

(i) Remove any suspect LPT2 rotor blades 

from service. 

(ii) Inspect suspect LPT2 rotor blades. 

(g) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Los Angeles Certification 

Office, FAA, may approve AMOCs to this 

AD. Use the procedures found in 14 CFR 

39.19 to make your request. 

(h) Definitions 

For purposes of this AD, next access is 

defined as when the LPT module is 

disassembled. 

(i) Related Information 

(1) For more information about this AD, 

contact Joseph Costa, Aerospace Engineer, 

Los Angles Aircraft Certification Office, FAA, 

Transport Airplane Directorate, 3960 

Paramount Blvd. Lakewood, CA 90712–4137; 

phone: (562) 627–5246; fax: (562) 627–5210; 

email: joseph.costa@faa.gov. 

(2) For service information identified in 

this AD, contact Honeywell International 

Inc., 111 S. 34th Street, Phoenix, AZ 85034– 

2802; Web site: http://portal.honeywell.com; 

or call Honeywell toll free at phone: (800) 

601–3099 (U.S./Canada) or (602) 365–3099 

(International Direct). You may review copies 

of the referenced service information at the 

FAA, Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803. For information on the availability of 

this material at the FAA, call (781) 238–7125. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Proposed Rules 1045 

Issued in Burlington, Massachusetts, on 

December 29, 2011. 

Peter A. White, 

Manager, Engine & Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–80 Filed 1–6–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 111104664–1798–01] 

RIN 0648–BB61 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Shrimp 

Fisheries of the Gulf of Mexico and 

South Atlantic; Revisions of Bycatch 

Reduction Device Testing Protocols 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: In accordance with the 

framework procedures for adjusting 

management measures of the Fishery 

Management Plan for the Shrimp 

Fishery of the Gulf of Mexico (Gulf 

FMP) and the Fishery Management Plan 

for the Shrimp Fishery of the South 

Atlantic Region (South Atlantic FMP), 

this rule would certify two new bycatch 

reduction devices (BRDs) for use in the 

Gulf of Mexico (Gulf) and South 

Atlantic shrimp fisheries, and revise a 

harvesting restriction for shrimp vessels 

fishing in Federal waters of the Gulf. 

Both BRDs represent modifications to 

the Composite Panel BRD, which is 

provisionally certified through May 24, 

2012. This rule would incorporate these 

BRDs to the list of allowable BRDs, and 

provide technical specifications for the 

construction and subsequent legal 

enforcement of these BRDs. 

Additionally, this rule would revise the 

shrimp effort reduction threshold for the 

Gulf shrimp fishery. The intended effect 

of this proposed rule is to improve 

bycatch reduction efforts in the Gulf and 

South Atlantic shrimp fisheries, provide 

greater flexibility to the industry, reduce 

the social and economic impacts to 

fishing communities, and meet the 

requirements of National Standard 9 of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: Written comments must be 

received on or before February 8, 2012. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2011–0274, 

by any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal http:// 

www.regulations.gov. 

• Mail: Steve Branstetter, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

To submit comments through the 

Federal e-Rulemaking Portal at http:// 

www.regulations.gov, enter ‘‘NOAA– 

NMFS–2011–0274’’ in the keyword 

search, then select ‘‘Send a Comment or 

Submission.’’ NMFS will accept 

anonymous comments. Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, Wordperfect, or 

Adobe PDF file formats only. 

Comments received through means 

not specified in this rule will not be 

considered. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone: (727) 824– 

5305, fax: (727) 824–5308, email: 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

shrimp fishery in the exclusive 

economic zone (EEZ) of the Gulf is 

managed under the Gulf FMP prepared 

by the Gulf of Mexico Fishery 

Management Council (Gulf Council), 

and the shrimp fishery in the EEZ of the 

South Atlantic is managed under the 

South Atlantic FMP prepared by the 

South Atlantic Fishery Management 

Council (South Atlantic Council). The 

Gulf and South Atlantic FMPs are 

implemented under the authority of the 

Magnuson-Stevens Act by regulations at 

50 CFR part 622. 

Management Measures Contained in 

This Proposed Rule 

This rule would certify two new BRDs 

for use in the Gulf and South Atlantic 

shrimp fisheries, and revise a harvesting 

restriction for shrimp vessels fishing in 

Federal waters of the Gulf. 

BRD Certifications 

BRDs are modifications to trawl nets 

that limit the amount of non-targeted 

species caught during a fishing trip. 

Federal regulations require BRDs to be 

installed in shrimp trawls in nearly all 

southeastern shrimp fisheries conducted 

in Federal waters. The South Atlantic 

Council established this requirement in 

1997 (April 16, 1997, 62 FR 18536). 

Similar requirements were established 

by the Gulf Council in 1998 for the 

western Gulf (April 14, 1998, 63 FR 

18139), and in 2004 for the eastern Gulf 

(January 9, 2004, 69 FR 1538). 

In 2008, NMFS published a final rule 

(February 13, 2008, 73 FR 8219) 

establishing a standardized criterion by 

which all BRDs are certified for use in 

the southeastern shrimp fisheries. To be 

certified for use in the fisheries, data 

collected under a standardized sampling 

procedure must demonstrate a BRD 

candidate reduces finfish biomass by at 

least 30 percent. To ensure the 

statistical certainty in regard to the 

sample mean value, under a Bayesian 

approach, the result must meet two 

probability statements: 

1. ‘‘There is a 50 percent probability 

the true reduction rate meets the 

bycatch reduction criterion,’’ and 

2. ‘‘There is no more than a 10 percent 

probability the true reduction rate is 

more than 5 percent less than the 

bycatch reduction criterion.’’ 

In addition, NMFS established a 

provisional certification status that 

applies to a BRD candidate not quite 

meeting the criteria for certification. A 

BRD provisional certification is effective 

for 2 years from the date of a publication 

in the Federal Register originally 

announcing the provisional 

certification. This time period is 

intended to allow additional wide-scale 

industry evaluation of the BRD 

candidate. The intent is to also further 

refine the design or application of the 

BRD candidate so it can eventually meet 

the certification criterion with greater 

certainty. To be provisionally certified, 

statistical analyses of the test results for 

a BRD candidate must demonstrate: 

There is at least a 50 percent probability 

the true reduction rate of the BRD candidate 

is no more than 5 percent less than the 

bycatch reduction criterion (i.e., the BRD 

candidate demonstrates a best point estimate 

[sample mean] of 25 percent or greater for 

finfish bycatch reduction). 

In 2008, NMFS published a final rule 

(February 13, 2008, 73 FR 8219) which 

provisionally certified the Composite 

Panel BRD for use in Federal waters 

throughout the Gulf and South Atlantic. 

The initial test data for this BRD 

indicated there is a 52 percent 

probability the true reduction rate of 

this BRD design is at least 25 percent. 

The provisional certification of the 

Composite Panel BRD in the Gulf and 

South Atlantic, along with the 


tkelley on DSK3SPTVN1PROD with PROPOSALS