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

64053 

Vol. 77, No. 202 

Thursday, October 18, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1102; Directorate 

Identifier 2012–NM–062–AD] 

RIN 2120–AA64 

Airworthiness Directives; EADS CASA 

(Type Certificate Previously Held by 

Construcciones Aerona ́uticas, S.A.) 

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 

EADS CASA (Type Certificate 

Previously Held by Construcciones 

Aerona ́uticas, S.A.) Model CN–235, CN– 

235–100, CN–235–200, and CN–235– 

300 airplanes. This proposed AD was 

prompted by reports of incorrect 

electrical polarity connections on 

engine fire extinguishing discharge 

cartridges. This proposed AD would 

require a one-time inspection to identify 

the correct polarity for each pair of 

electrical connectors on each engine fire 

extinguisher cartridge, and repair if 

necessary. We are proposing this AD to 

detect and correct incorrect polarity 

connections, which could prevent the 

actuation of the discharge cartridge in 

case of automatic fire detection or 

manual initiation during a potential 

engine fire, and could result in damage 

to the airplane and injury to passengers. 

DATES: We must receive comments on 

this proposed AD by December 3, 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 EADS–CASA, 

Military Transport Aircraft Division 

(MTAD), Integrated Customer Services 

(ICS), Technical Services, Avenida de 

Arago ́n 404, 28022 Madrid, Spain; 

telephone +34 91 585 55 84; fax +34 91 

585 55 05; email 

MTA.TechnicalService@casa.eads.net; 

Internet http://www.eads.net. You may 

review copies of the referenced 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. 

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: 

Shahram Daneshmandi, Aerospace 

Engineer, International Branch, ANM– 

116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue SW., Renton, 

WA 98057–3356; telephone (425) 227– 

1112; 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–2012–1102; Directorate Identifier 

2012–NM–062–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 2012–0045, 

dated March 21, 2012 (referred to after 

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

condition for the specified products. 

The MCAI states: 

Reports have been received of finding 

wrong electrical polarity connections of 

engine fire extinguishing discharge cartridges 

on CASA CN–235 aeroplanes. The results of 

the subsequent investigation showed that the 

incorrect discharge cartridge assembly was 

caused by production line errors. 

This condition, if not detected and 

corrected, could prevent the actuation of the 

discharge cartridge in case of automatic fire 

detection or manual initiation in case of 

engine fire, possibly resulting in damage to 

the aeroplane and injury to occupants. 

To address this potential unsafe condition, 

EADS CASA (Airbus Military) developed 

instructions to identify erroneous wiring 

polarity installation. 

For the reasons described above this 

[EASA] AD requires a one-time inspection to 

verify proper electrical polarity of wiring of 

each engine fire extinguisher discharge 

cartridge and, depending on findings, 

corrective action [accomplish the repair]. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

EADS CASA has issued Airbus 

Military All Operator Letter 235–020, 

dated March 9, 2012. 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 

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64054 Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Proposed Rules 

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 6 products of U.S. registry. 

We also estimate that it would take 

about 4 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 

$2,040, or $340 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. 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

EADS CASA (Type Certificate Previously 

Held by Construcciones Aerona ́uticas, 

S.A.): Docket No. FAA–2012–1102; 

Directorate Identifier 2012–NM–062–AD. 

(a) Comments Due Date 

We must receive comments by December 3, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all EADS CASA (Type 

Certificate previously held by Construcciones 

Aerona ́uticas, S.A.) Model CN–235, CN–235– 

100, CN–235–200, and CN–235–300 

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 of 

incorrect electrical polarity connections on 

engine fire extinguishing discharge 

cartridges. We are issuing this AD to detect 

and correct incorrect polarity connections, 

which could prevent the actuation of the 

discharge cartridge in case of automatic fire 

detection or manual initiation during a 

potential engine fire, and could result in 

damage to the airplane and injury to 

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) Inspection 

Within 30 days after the effective date of 

this AD, do a one-time inspection to identify 

the correct polarity for each pair of electrical 

connectors on each engine fire extinguisher 

cartridge, in accordance with the Instructions 

of Airbus Military All Operator Letter 235– 

020, dated March 9, 2012. 

(h) Corrective Action 

If, during the inspection required by 

paragraph (g) of this AD, erroneous wiring 

polarity is detected: Before further flight, 

repair in accordance with a method approved 

by the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

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, 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: 

Shahram Daneshmandi, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone (425) 227–1112; 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 

(1) Refer to MCAI EASA Airworthiness 

Directive 2012–0045, dated March 21, 2012; 

and Airbus Military All Operator Letter 235– 

020, dated March 9, 2012; for related 

information. 

(2) For service information identified in 

this AD, contact EADS–CASA, Military 

Transport Aircraft Division (MTAD), 

Integrated Customer Services (ICS), 

Technical Services, Avenida de Arago ́n 404, 

28022 Madrid, Spain; telephone +34 91 585 

55 84; fax +34 91 585 55 05; email 

MTA.TechnicalService@casa.eads.net; 

Internet http://www.eads.net. You may 

review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

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Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Proposed Rules 64055 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on October 

5, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–25673 Filed 10–17–12; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1112 and 1218 

[CPSC Docket No. CPSC–2010–0028] 

RIN 3041–AC81 

Safety Standard for Bassinets and 

Cradles 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The Consumer Product Safety 

Improvement Act of 2008 (CPSIA 

requires the United States Consumer 

Product Safety Commission 

(Commission or CPSC) to promulgate 

consumer product safety standards for 

durable infant or toddler products. 

These standards are to be ‘‘substantially 

the same as’’ applicable voluntary 

standards or more stringent than the 

voluntary standard if the Commission 

concludes that more stringent 

requirements would further reduce the 

risk of injury associated with the 

product. The Commission is proposing 

a safety standard for bassinets and 

cradles in response to the CPSIA. This 

constitutes a second round of notice and 

comment, or supplemental notice of 

proposed rulemaking, for bassinets and 

cradles. 

DATES: Submit comments by January 2, 

2013. 

ADDRESSES: Comments related to the 

Paperwork Reduction Act aspects of the 

marking, labeling, and instructional 

literature of the proposed rule should be 

directed to the Office of Information and 

Regulatory Affairs, OMB, Attn: CPSC 

Desk Officer, FAX: 202–395–6974, or 

emailed to 

oira_submission@omb.eop.gov. 

Other comments, identified by Docket 

No. CPSC–2010–0028, may be 

submitted electronically or in writing: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

directly accepting comments submitted 

by electronic mail (email), except 

through www.regulations.gov. The 

Commission encourages you to submit 

electronic comments by using the 

Federal eRulemaking Portal, as 

described above. 

Written Submissions: Submit written 

submissions in the following way: Mail/ 

Hand delivery/Courier (for paper, disk, 

or CD–ROM submissions), preferably in 

five copies, to: Office of the Secretary, 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

that you do not want to be available to 

the public. If furnished at all, such 

information should be submitted in 

writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov, and insert the 

docket number, CPSC 2010–0028, into 

the ‘‘Search’’ box and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Edwards, Project Manager, 

Directorate for EngineeringSciences, 

Consumer Product Safety Commission, 

5 Research Place, Rockville, MD 20850; 

telephone 301–987–2244; email 

pedwards@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background and Statutory Authority 

The Consumer Product Safety 

Improvement Act of 2008, (CPSIA, Pub. 

L. 110–314), was enacted on August 14, 

2008. Section 104(b) of the CPSIA, part 

of the Danny Keysar Child Product 

Safety Notification Act, requires the 

Commission to: (1) Examine and assess 

the effectiveness of voluntary consumer 

product safety standards for durable 

infant or toddler products, in 

consultation with representatives of 

consumer groups, juvenile product 

manufacturers, and independent child 

product engineers and experts, and (2) 

promulgate consumer product safety 

standards for durable infant and toddler 

products. These standards are to be 

‘‘substantially the same as’’ applicable 

voluntary standards or more stringent 

than the voluntary standard if the 

Commission concludes that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. The term ‘‘durable infant or 

toddler product’’ is defined in section 

104(f)(1) of the CPSIA as a durable 

product intended for use, or that may be 

reasonably expected to be used, by 

children under the age of 5 years. 

Bassinets and cradles are specifically 

identified in section 104(f)(2)(L) as a 

durable infant or toddler product. 

In April 2010, the Commission issued 

a notice of proposed rulemaking (NPR) 

for bassinets and cradles. (75 FR 22303, 

April 28, 2010). Through ongoing 

consultation and assessment of the 

standard, both the ASTM standard and 

the Commission’s proposals have 

evolved since publication of the April 

2010 NPR, such that the Commission 

believes a supplemental notice and 

opportunity for the public to comment 

would be beneficial. Thus, in this 

document, the Commission is proposing 

a safety standard for bassinets and 

cradles in a supplemental notice of 

proposed rulemaking. Pursuant to 

Section 104(b)(1)(A), the Commission 

consulted with manufacturers, retailers, 

trade organizations, laboratories, 

consumer advocacy groups, consultants, 

and members of the public in the 

development of this proposed standard, 

largely through the ASTM process. The 

proposed standard is based on the 

voluntary standard developed by ASTM 

International (formerly the American 

Society for Testing and Materials), 

ASTM F2194–12, ‘‘Standard Consumer 

Safety Specification for Bassinets and 

Cradles’’ (ASTM F2194–12), with 

additions and modifications to 

strengthen the standard. The ASTM 

standard is copyrighted but can be 

viewed as a read-only document, only 

during the comment period on this 

proposal, at: http://www.astm.org/ 

cpsc.htm, by permission of ASTM. 

B. The Product 

ASTM F2194–12 defines a ‘‘bassinet/ 

cradle’’ as a ‘‘small bed designed 

exclusively to provide sleeping 

accommodations for infants supported 

by free standing legs, a wheeled base, a 

rocking base, or which can swing 

relative to a stationary base’’ and 

provides that a bassinet/cradle is 

‘‘intended to provide sleeping 

accommodations only for an infant up 

to approximately 5 months in age or 

when the child begins to push up on 

hands and knees, whichever comes 

first.’’ ASTM F2194–12 defines a 

‘‘bassinet/cradle accessory’’ as ‘‘a 

supported sleep surface that attaches to 

a crib or play yard designed to convert 

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