59950 Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Proposed Rules 

admitted for permanent residence on a 

conditional basis under section 216A of 

the Act as of the date of such approval. 

USCIS will send written notice of the 

decision to the eligible alien. 

(e) Denials and terminations. (1) If 

USCIS determines that the eligible alien 

does not qualify for conditional resident 

status under section 11032 of Public 

Law 107–273, USCIS will deny the 

eligible alien’s qualifying Application to 

Register Permanent Resident or Adjust 

Status (Form I–485 or any successor 

form) and any Applications to Register 

Permanent Resident or Adjust Status of 

his or her spouse and children 

considered under this section. USCIS 

will send the eligible alien written 

notice of the denial and reasons for the 

denial. A denial of the qualifying 

Application to Register Permanent 

Resident or Adjust Status is not subject 

to appeal, but can be reviewed by an 

immigration judge in removal 

proceedings. 

(2) If USCIS determines that an alien 

who is not physically present in the 

United States is not an eligible alien, 

USCIS will terminate processing of the 

request for benefits pursuant to this 

section. If USCIS determines that an 

alien who is overseas does qualify as an 

eligible alien, but that the spouse or 

child of the eligible alien does not 

qualify for benefits pursuant to this 

section, USCIS will terminate 

processing of the request for benefits. 

There is no administrative appeal of this 

decision. 

(f) Petitions revoked on a basis other 

than failure to meet job creation 

requirement. If USCIS revoked the 

Immigrant Petition by Alien 

Entrepreneur (Form I–526 or any 

successor form) due to grounds of 

ineligibility other than failure to meet 

the job creation requirement, USCIS will 

not disregard the revocation under 

Public Law 107–273 and will deny the 

application for adjustment of status if it 

is pending. 

Janet Napolitano, 

Secretary. 

[FR Doc. 2011–24619 Filed 9–26–11; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1022; Directorate 

Identifier 2011–NE–20–AD] 

RIN 2120–AA64 

Airworthiness Directives; BRP— 

Powertrain GMBH & CO KG 914 F2, 914 

F3, and 914 F4 Reciprocating 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 listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

issued 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: 

Isolated manufacturing deviations have 

been reportedly found on the threads of a 

certain batch of fuel pressure regulators, Part 

Number (P/N) 887130, installed on Rotax 914 

F series engines. 

This condition, if not corrected, could lead 

to a fuel leak and in-flight fire which would 

necessitate an engine shut-down, possibly 

resulting in a forced landing, with 

consequent damage to the aeroplane and 

injury to occupants. 

These affected fuel pressure regulators 

may have non-conforming threads in the 

banjo bolt fitting for the fuel return line 

to the fuel tank from original 

manufacture. These non-conforming 

threads could result in fuel leakage 

during engine operation. We are 

proposing this AD to prevent fuel leaks, 

which could result in an in-flight fire 

and damage to the aircraft. 

DATES: We must receive comments on 

this proposed AD by November 14, 

2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 202–493–2251. 

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 (phone: 800–647–5527) is the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Mark Riley, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: mark.riley@faa.gov; phone: 781– 

238–7758; fax: 781–238–7199. 

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–2011–1022; Directorate Identifier 

2011–NE–20–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 with FAA 

personnel concerning this proposed AD. 

Using the search function of the Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

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 2011–0082, 

dated May 10, 2011 (referred to after 

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


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Proposed Rules 59951 

condition for the specified products. 

The MCAI states: 

Isolated manufacturing deviations have 

been reportedly found on the threads of a 

certain batch of fuel pressure regulators, Part 

Number (P/N) 887130, installed on Rotax 914 

F series engines. 

This condition, if not corrected, could lead 

to a fuel leak and in-flight fire which would 

necessitate an engine shut-down, possibly 

resulting in a forced landing, with 

consequent damage to the aeroplane and 

injury to occupants. 

These affected fuel pressure regulators 

may have non-conforming threads in the 

banjo bolt fitting for the fuel return line 

to the fuel tank from original 

manufacture. These non-conforming 

threads could result in fuel leakage 

during engine operation, in-flight fire, 

and damage to the airplane. 

For the reasons described above, this 

proposed AD would require the 

replacement of all affected P/N 887130 

fuel pressure regulators with parts 

eligible for installation. You may obtain 

further information by examining the 

MCAI in the AD docket. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

EASA, and is approved for operation in 

the United States. Pursuant to our 

bilateral agreement with the European 

Community, EASA has notified us of 

the unsafe condition described in the 

MCAI. We are proposing this AD 

because we evaluated all information 

provided by EASA and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. This proposed AD 

would require the replacement of all 

affected P/N 887130 fuel pressure 

regulators with parts eligible for 

installation, within 100 flight hours 

after the effective date of the proposed 

AD. 

Differences Between This AD and the 

MCAI or Service Information 

The EASA AD requires replacing the 

fuel pressure regulator within 100 flight 

hours (FH) or 6 months after the 

effective date of that AD, whichever 

occurs first. This proposed AD would 

require replacing the fuel pressure 

regulator within 100 FH after the 

effective date of this proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

would affect about 75 products of U.S. 

registry. We also estimate that it would 

take about 2 work-hours per product to 

comply with this proposed AD. The 

average labor rate is $85 per work-hour. 

Required parts would cost about $180 

per product. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $26,250. 

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); and 

3. 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: 

BRP—Powertrain GMBH & CO KG (formerly 

Bombardier-Rotax GmbH): Docket No. 

FAA–2011–1022; Directorate Identifier 

2011–NE–20–AD. 

Comments Due Date 

(a) We must receive comments by 

November 14, 2011. 

Affected Airworthiness Directives (ADs) 

(b) None. 

Applicability 

(c) This AD applies to BRP—Powertrain 

GMBH & CO KG 914 F2, 914 F3, and 914 F4 

reciprocating engines with certain fuel 

pressure regulators, part number (P/N) 

887130 installed. 

Reason 

(d) This AD results from: 

Isolated manufacturing deviations have 

been reportedly found on the threads of a 

certain batch of Fuel pressure Regulators, 

Part Number (P/N) 887130, installed on 

Rotax 914 F series engines. 

This condition, if not corrected, could lead 

to a fuel leak and in-flight fire which would 

necessitate an engine shut-down, possibly 

resulting in a forced landing, with 

consequent damage to the aeroplane and 

injury to occupants. 

We are issuing this AD prevent to fuel 

leaks, which could result in an in-flight fire 

and damage to the aircraft. 

Actions and Compliance 

(e) Within 100 flight hours (FH) after the 

effective date of this AD, replace fuel 

pressure regulators listed in Table 1 of this 

AD with a fuel pressure regulator that is not 

listed in Table 1 of this AD, and is eligible 

for installation. 

(f) After the effective date of this AD, do 

not install any fuel pressure regulator P/N 

887130 onto any engine, if the fuel pressure 

regulator has a serial number (S/N) listed in 

Table 1 of this AD. 

(g) After the effective date of this AD, do 

not install any Rotax 914 F series engine on 

any airplane if it has installed in it a fuel 

pressure regulator P/N 887130 with a S/N 

listed in Table 1 of this AD. 

TABLE 1—S/NS OF AFFECTED FUEL

PRESSURE REGULATORS, P/N 887130 

100200 through 100246 inclusive. 

100248 through 100280 inclusive. 

100282 through 100293 inclusive. 

100295 through 100314 inclusive. 

100316 and 100317. 

100319 through 100326 inclusive. 

100330. 

100332 and 100333. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
59952 Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Proposed Rules 

TABLE 1—S/NS OF AFFECTED FUEL

PRESSURE REGULATORS, P/N 

887130—Continued 

100338 through 100340 inclusive. 

100342 through 100345 inclusive. 

100348. 

100350 through 100355 inclusive. 

100357 through 100363 inclusive. 

100365 through 100368 inclusive. 

100371 and 100372. 

100374 through 100376 inclusive. 

100379 and 100380. 

100395 and 100396. 

FAA AD Differences 

(h) This AD differs from the Mandatory 

Continuing Airworthiness Information 

(MCAI) by the compliance time. The MCAI 

requires replacing the fuel pressure regulator 

within 100 FH or 6 months after the effective 

date of EASA AD 2011–0082, dated May 10, 

2011. This AD requires replacing the fuel 

pressure regulator within 100 FH after the 

effective date of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, Engine Certification 

Office, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Related Information 

(j) Refer to MCAI Airworthiness Directive 

2011–0082, dated May 10, 2011, for related 

information. 

(k) Contact Mark Riley, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: mark.riley@faa.gov; phone: 

781–238–7758; fax: 781–238–7199, for more 

information about this AD. 

Issued in Burlington, Massachusetts, on 

September 21, 2011. 

Peter A. White, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–24842 Filed 9–27–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1904 

[Docket No. OSHA–2010–0019] 

RIN 1218–AC50 

Occupational Injury and Illness 

Recording and Reporting 

Requirements—NAICS Update and 

Reporting Revisions 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Proposed rule; Notice of 

reopening of rulemaking record. 

SUMMARY: OSHA is reopening the 

rulemaking record to allow interested 

persons to comment on OSHA’s 

proposal to update Appendix A to 

Subpart B of its Injury and Illness 

Recording and Reporting regulation and 

the proposed requirement to report to 

OSHA, within eight hours, all workrelated fatalities and all work-related inpatient hospitalizations; and within 24 

hours, all work-related amputations. 

The docket is being reopened in 

response to a request made by the 

National Automobile Dealers 

Association. The record will remain 

open for 30 days. 

DATES: Written comments: Comments 

must be submitted by October 28, 2011. 

ADDRESSES: 

Written comments: You may submit 

comments, identified by docket number 

OSHA–2010–0019, or regulatory 

information number (RIN) 1218–AC50, 

by any of the following methods: 

Electronically: You may submit 

comments electronically at http:// 

www.regulations.gov, which is the 

Federal e-rulemaking portal. Follow the 

instructions on the Web site for making 

electronic submissions; 

Fax: If your submission, including 

attachments, does not exceed 10 pages, 

you may fax it to the OSHA docket 

office at (202) 693–1648; or 

Mail, hand delivery, express mail, 

messenger, or courier service: You must 

submit three copies of your comments 

and attachments to the OSHA Docket 

Office, Docket Number OSHA–2010– 

0019, U.S. Department of Labor, Room 

N–2625, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2350 (OSHA’s TTY number is (877) 

889–5627). Deliveries (hand, express 

mail, messenger, and courier service) 

are accepted during the Department of 

Labor’s and docket office’s normal 

business hours, 8:15 a.m.–4:45 p.m. 

Instructions for submitting comments: 

All submissions must include the 

docket number (Docket No. OSHA– 

2010–0019) or the RIN (RIN 1218–AC50) 

for this rulemaking. Because of securityrelated procedures, submission by 

regular mail may result in significant 

delay. Please contact the OSHA docket 

office for information about security 

procedures for making submissions by 

hand delivery, express delivery, and 

messenger or courier service. 

All comments, including any personal 

information you provide, are placed in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov. Therefore, 

OSHA cautions you about submitting 

personal information such as social 

security numbers and birthdates. 

Docket: To read or download 

submissions in response to this Federal 

Register notice, go to docket number 

OSHA–2010–0019, at http:// 

regulations.gov. All submissions are 

listed in the http://regulations.gov 

index, however, some information (e.g., 

copyrighted material) is not publicly 

available to read or download through 

that Web site. All submissions, 

including copyrighted material, are 

available for inspection and copying at 

the OSHA docket office. 

Electronic copies of this Federal 

Register document are available at 

http://www.regulations.gov. This 

document, as well as news releases and 

other relevant information, is available 

at OSHA’s Web site at http:// 

www.osha.gov. 

FOR FURTHER INFORMATION CONTACT: 

For press inquiries: Mr. Frank Meilinger, 

OSHA Office of Communications, 

Room N–3647, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone 

(202) 693–1999. 

For general and technical information 

on the proposed rule: Mr. David 

Schmidt, OSHA Office of Statistical 

Analysis, Room N–3641, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–2400. 

SUPPLEMENTARY INFORMATION: OSHA’s 

current regulation at Section 1904.2 

partially exempts certain lower-hazard 

industries classified in Standard 

Industrial Classification (SIC) codes 52 

through 89 from injury and illness 

recordkeeping requirements. Lower 

hazard industries are those industries 

with an average Days Away, Restricted, 

or Transferred (DART) rate at or below 

75 percent of the national average DART 

rate. The DART rate represents the total 

non-fatal injuries and illnesses resulting 

in days away from work, restricted work 

activity, and/or job transfer per 100 fulltime employees for a given period of 

time (usually 1 year). The current list of 

partially exempt industries, which is 

included in Appendix A to Subpart B, 

is based on injury and illness data 

compiled by the Bureau of Labor 

Statistics (BLS) for 1997, 1998 and 1999. 

OSHA is proposing to revise the list 

of partially exempt industries in 

Appendix A using the North American 

Industry Classification System (NAICS). 

The revised list in proposed Appendix 

A is based on DART rates compiled by 

BLS for 2007, 2008 and 2009. Industries 

listed in proposed Appendix A would 

still be required to keep records if 

requested to do so by BLS in connection 

with its Annual Survey (29 CFR 

1904.42), or by OSHA in connection 


srobinson on DSK4SPTVN1PROD with PROPOSALS