### 54405 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules

Comments Due Date

(a) We must receive comments by October 17, 2011.

Affected ADs

(b) None.
Applicability

(c) This AD applies to PIAGGIO AERO INDUSTRIES S.p.A Model PIAGGIO P–180 airplanes, all serial numbers, that are:

(1) Certificated in any category; and (2) have installed any of the following main landing gear (MLG) actuators:

(i) Messier-Dowty Part Number (P/N) 114346003 (left hand side): with serial number (S/N) SA0706275, SA0706276, SA0706726, SA0706727, SA0706728, SA0706729, SA0706738, SA0706739,SA0707243, SA0707864, or SA0708072; or

(ii) Messier-Dowty P/N 114346004 (right hand side): with S/N SA0703800, SA0703801, SA0705520, SA0706219, SA0706960, or SA0706961.
Subject

(d) Air Transport Association of America (ATA) Code 32: Landing Gear.

Reason

(e) The mandatory continuing airworthiness information (MCAI) states:

Some lock sleeves (part number (P/N) 114146681), which were installed in some Main Landing Gear (MLG) actuators, had been incorrectly manufactured.

If left uncorrected, this condition could lead to failure to lock the MLG actuator or to its unlock from the correct position, with subsequent possible damage to the aeroplane and injuries to occupants during landing.

This AD requires replacing defective MLG actuators with serviceable ones.

Defective actuators can be repaired by the manufacturer and identified with the ‘‘P180– 32–29’’ marking on the name plate.

Actions and Compliance

(f) Unless already done, do the following actions:

(1) Within 25 hours time-in-service (TIS) after the effective date of this AD, inspect both installed MLG actuators to determine if an affected P/N and S/N actuator is installed.

(2) If any affected P/N and S/N actuator is identified with the ‘‘P180–32–29’’ marking on the name plate, no further action is required by this AD on that actuator.

(3) If one or both affected MLG actuators are not identified with the ‘‘P180–32–29’’ marking on the name plate, before reaching a total of 3,000 hours TIS on the actuator or within the next 150 hours TIS after the effective date of this AD, whichever occurs later, replace the affected actuator(s) with serviceable parts following Part B of the Accomplishment Instructions of Piaggio Aero Industries S.p.A. Mandatory Service Bulletin No. 80–0304, dated July 9, 2010.

(4) After the effective date of this AD, do not install any MLG actuator having an affected P/N and S/N, unless it is identified with the ‘‘P180–32–29’’ marking on the name plate. Note 1: There is a warranty expiration date for the replacement of the actuators. The FAA recommends owners/operators that have affected main landing gear actuators contact the manufacturer immediately and replace the actuators under warranty.

FAA AD Differences

Note 2: This AD differs from the MCAI and/or service information as follows: The compliance times of the MCAI are presented in flight cycles (landings). When doing the conversion for these airplanes from flight cycles to hours TIS, the FAA has estimated that 1 flight cycle is equal to 1 hour TIS based on the utility of this class of airplane. Since operators of aircraft of U.S. registry are required to keep track of hours TIS, the compliance time of this AD is in hours TIS.

Other FAA AD Provisions

(g) The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to Attn: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4144; fax: (816) 329– 4090; e-mail: mike.kiesov@faa.gov. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(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.

(3) Reporting Requirements: For any reporting requirement in this AD, a federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200.

Related Information

(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2011–0133, dated July 12, 2011; and Piaggio Aero Industries S.p.A. Mandatory Service Bulletin No. 80–0304, dated July 9, 2010, for related information. For service information related to this AD, contact Piaggio Aero Industries S.p.A Airworthiness Office; Via Luigi Cibrario, 4–16154 Genova–Italy; telephone: +39 010 6481353; fax: +39 010 6481881; E-mail: airworthiness@piaggioaero.it. You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148.

Issued in Kansas City, Missouri, on August 26, 2011. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2011–22387 Filed 8–31–11; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2011–0915; Directorate Identifier 2011–NM–020–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; The Boeing Company Model 747 Airplanes** 

**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 listed above. This proposed AD would require repetitive general visual inspections for broken or missing latch pins of the lower sills of the forward and aft lower lobe cargo doors; repetitive detailed inspections for cracking of the latch pins; and corrective actions if necessary. This proposed AD was prompted by reports of fractured latch pins found in service; investigation revealed that the cracking and subsequent fracture were initiated by fatigue and propagated by a combination of fatigue and stress corrosion. We are proposing this AD to detect and correct fractured or broken latch pins, which could result in a forward or aft lower lobe cargo door opening and detaching during flight, and consequent rapid decompression of the airplane.

**DATES :**  We must receive comments on this proposed AD by October 17, 2011.

**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.


### 54406 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules

• 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 Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206–544–5000, extension 1; fax 206–766–5680; e-mail me.boecom@boeing.com; Internet https://www.myboeingfleet.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 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 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 :**  Nathan Weigand, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; phone: (425) 917–6428; fax: (425) 917–6590; e-mail: nathan.p.weigand@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– 2011–0915; Directorate Identifier 2011– NM–020–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

We have received reports of fractured latch pins found in service; investigation revealed that the cracking and subsequent fracture were initiated by fatigue and propagated by a combination of fatigue and stress corrosion. One operator reported a fractured latch pin of the lower sill of the aft lower lobe cargo door; the fracture initiated from a crack on the pin’s internal diameter. Part of the pin was found on the ground during an airplane walk-around. The airplane had accumulated 75,495 total flight hours and 9,393 total flight cycles. A dye penetrant inspection of the remaining seven latch pins in the lower sill was done with no defects found. This condition, if not corrected, could result in a forward or aft lower lobe cargo door opening and detaching during flight, and consequent rapid decompression of the airplane.

Relevant Service Information

We reviewed Boeing Alert Service Bulletin 747–53A2835, original, dated October 28, 2010. The service information describes procedures for repetitive general visual inspections for broken or missing latch pins of the lower sills of the forward and aft lower lobe cargo doors; repetitive detailed inspections of the replaced latch pins for broken or missing latch pins; and corrective actions if necessary.

For Groups 1 and 2 airplanes, Configurations 1 and 2; and for Group 3 airplanes; the corrective actions include replacing any broken or missing latch pin, and the latch pins at the adjacent latch fitting locations, with new latch pins; and replacing any cracked latch pins with new latch pins.

For Group 1 airplanes, Configurations 3 and 4, there are two options for corrective actions:

• Replacing any broken or missing latch pin, and the latch pins at the adjacent latch fitting locations, with new latch pins (with identical part numbers); and replacing any cracked latch pins with new latch pins (with identical part numbers).

• Modifying or replacing the latch pins and bearing plates; replacing any broken or missing latch pin, and the latch pins at the adjacent latch fitting locations, with new latch pins (with alternative part numbers); and replacing any cracked latch pins with new latch pins (with alternative part numbers).

For airplanes on which all latch pins are replaced, the first repetitive inspection interval is within 6,000 flight cycles after replacement. For airplanes on which not all of the latch pins are replaced, the first repetitive inspection interval is 1,600 flight cycles after inspecting. For all airplanes, the repetitive interval for subsequent inspections is 1,600 flight cycles.

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 these same type designs. Proposed AD Requirements

This proposed AD would require accomplishing the actions specified in the service information described previously.

Interim Action

We consider this proposed AD interim action. The manufacturer is currently developing a modification that will address the unsafe condition identified in this AD. Once this modification is developed, approved, and available, we might consider additional rulemaking. Costs of Compliance

We estimate that this proposed AD affects 228 airplanes of U.S. registry.

We estimate the following costs to comply with this proposed AD:



### E STIMATED 

### COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators

Inspection ......... 3 work-hours × $85 per hour = $255 per inspection cycle. $0 $255 per inspection cycle .............. $58,140 per inspection cycle.


### 54407 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules

We estimate the following costs to do any necessary replacements/ modifications that would be required based on the results of the proposed inspection. We have no way of determining the number of aircraft that might need these actions:



### O N 

### -CONDITION 

### COSTS

Action Labor cost Parts cost Cost per product

Replacement of latch pins ................................................ 8 work-hours × $85 per hour = $680 ............................... $0 $680 Modification of latch fittings .............................................. 36 hours × $85 per work-hours = $3,060 ........................ 0 3,060

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):
The Boeing Company: Docket No. FAA– 2011–0915; Directorate Identifier 2011–
NM–020–AD.

Comments Due Date

(a) We must receive comments by October 17, 2011.

Affected ADs

(b) None.
Applicability

(c) This AD applies to all The Boeing Company Model 747–100, 747–100B, 747– 100B SUD, 747–200B, 747–200C, 747–200F, 747–300, 747–400, 747–400D, 747–400F, 747SR, and 747SP series airplanes; certificated in any category.
Subject

(d) Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 53: Fuselage.

Unsafe Condition

(e) This AD was prompted by reports of fractured latch pins found in service; investigation revealed that the cracking and subsequent fracture were initiated by fatigue and propagated by a combination of fatigue and stress corrosion. We are issuing this AD to detect and correct fractured or broken latch pins, which could result in a forward or aft lower lobe cargo door opening and detaching during flight, and consequent rapid decompression of the airplane.
Compliance

(f) Comply with this AD within the compliance times specified, unless already done. Inspections (g) Before the accumulation of 6,000 total flight cycles, or within 1,000 flight cycles after the effective date of this AD, whichever occurs later: Do a general visual inspection for broken or missing latch pins of the lower sills of the forward and aft lower lobe cargo doors, and a detailed inspection for cracking of the latch pins, in accordance with paragraph 3.B., ‘‘Work Instructions,’’ of Boeing Alert Service Bulletin 747–53A2835, original, dated October 28, 2010. Repeat the inspections thereafter at the applicable intervals specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 747–53A2835, original, dated October 28, 2010. Before further flight, do all applicable corrective actions, in accordance with paragraph 3.B., ‘‘Work Instructions,’’ of Boeing Alert Service Bulletin 747–53A2835, original, dated October 28, 2010.
Special Flight Permits

(h) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the airplane can be modified (if the operator elects to do so), provided the cabin is not pressurized.
Alternative Methods of Compliance (AMOCs)

(i)(1) The Manager, Seattle Aircraft Certification Office (ACO), 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 manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be e-mailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.

(2) 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.

(3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes ODA that has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane.

Related Information

(j) For more information about this AD, contact Nathan Weigand, Aerospace


### 54408 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules

Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; phone: (425) 917–6428; fax: (425) 917–6590; e-mail: nathan.p.weigand@faa.gov.

(k) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206– 544–5000, extension 1; fax 206–766–5680; e-mail me.boecom@boeing.com; Internet https://www.myboeingfleet.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
425–227–1221.

Issued in Renton, Washington, on August 25, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011–22371 Filed 8–31–11; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF HEALTH AND HUMAN SERVICES** 

**Office of the Secretary**

**45 CFR Parts 46, 160, and 164**

**Food and Drug Administration**

**21 CFR Parts 50 and 56**

**Human Subjects Research Protections: Enhancing Protections for**  **Research Subjects and Reducing Burden, Delay, and Ambiguity for**  **Investigators; Extension of Comment Period** 

**AGENCIES :**  The Office of the Secretary, HHS, and the Food and Drug Administration, HHS.

**ACTION :**  Advance notice of proposed rulemaking; extension of comment period.

**SUMMARY :**  The Office of the Secretary of the Department of Health and Human Services (HHS) in coordination with the Office of Science and Technology Policy (OSTP) is extending the comment period for an advance notice of proposed rulemaking (ANPRM) requesting comment on how current regulations for protecting human subjects who participate in research might be modernized and revised to be more effective. That ANPRM was published in the Federal Register on July 26, 2011.

**DATES :**  The comment period for the proposed rule published July 26, 2011, at 76 FR 44512 is extended. Comments will be received through October 26,

2011.

**ADDRESSES :**  You may submit comments, identified by docket ID number HHS– OPHS–2011–0005, by one of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Enter the above docket ID number in the ‘‘Enter Keyword or ID’’ field and click on ‘‘Search.’’ On the next web page, click on ‘‘Submit a Comment’’ action and follow the instructions.

• Mail/Hand delivery/Courier [For paper, disk, or CD–ROM submissions]
to: Jerry Menikoff, M.D., J.D., OHRP, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852.

Comments received, including any personal information, will be posted without change to http:// www.regulations.gov.

**FOR FURTHER INFORMATION CONTACT :**  Jerry Menikoff, M.D., J.D., Office for Human Research Protections (OHRP), Department of Health and Human Services, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852; telephone: 240–453–6900 or 1–866–447–4777; facsimile: 301–402–2071; e-mail: jerry.menikoff@hhs.gov.

**SUPPLEMENTARY INFORMATION :**  The ANPRM was published in the Federal Register on July 26, 2011 (Volume 76, Number 143, page 44512) with a deadline for comments of September 26, 2011. The ANPRM requests comments on how current regulations for protecting human subjects who participate in research might be modernized and revised to be more effective and how to better protect human subjects who are involved in research, while facilitating valuable research and reducing burden, delay, and ambiguity for investigators. Since the ANPRM was published the Department has received requests to extend the comment period to allow sufficient time for a full review of the ANPRM. HHS and OSTP are committed to affording the public a meaningful opportunity to comment on the ANPRM and welcome comments.

Dated: August 26, 2011. Kathleen Sebelius, Secretary.
[FR Doc. 2011–22341 Filed 8–31–11; 8:45 am]

**BILLING CODE 4150–28–P DEPARTMENT OF THE INTERIOR** 

**National Indian Gaming Commission**

**25 CFR Chapter III**

**Regulatory Review Schedule**

**AGENCY :**  National Indian Gaming Commission.

**ACTION :**  Notice of cancellation of consultation meeting.

**SUMMARY :**  The purpose of this document is to cancel ten tribal consultations scheduled during November 2011, December 2011, January 2012, and February 2012 and to modify the dates for six tribal consultations scheduled during September 2011, October 2011 and November 2011.

**DATES :**  See **SUPPLEMENTARY INFORMATION** below for dates and locations of cancelled consultations.

**FOR FURTHER INFORMATION CONTACT :**  Lael Echo-Hawk, National Indian Gaming Commission, 1441 L Street, NW., Suite 9100, Washington, DC 20005. Telephone: 202–632–7003; e-mail: reg.review@nigc.gov.

**SUPPLEMENTARY INFORMATION :**  On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that it was conducting a review of its regulations promulgated to implement 25 U.S.C. 2701–2721 of the Indian Gaming Regulatory Act (IGRA) and requesting public comment on the process for conducting the regulatory review. On April 4, 2011, after holding eight consultations and reviewing all comments, NIGC published a Notice of Regulatory Review Schedule in the Federal Register setting out consultation schedules and review processes. (76 FR 18457, April 4, 2011).

The Commission’s regulatory review process established a tribal consultation schedule with a description of the regulation groups to be covered during consultation.

Group 1 included a review of: (a) A Buy Indian Act regulation; (b) Part 523—Review and Approval of Existing Ordinances or Resolutions;

(c) Part 514—Fees; (d) Part 559—Facility License Notifications, Renewals, and Submissions; and

(e) Part 542—Minimum Internal Control Standards.

Group 2 included a review of: (a) Part 573—Enforcement; and (b) Regulations concerning proceedings before the Commission, including: Parts 519—Service, Part 524—Appeals, Part 539—Appeals, and