Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Proposed Rules 65419 

as specified in paragraphs (d) and (e) of 

this section. 

(3) Failed lot reporting. If a lot fails to 

meet the aflatoxin requirements of this 

part, the testing laboratory shall 

complete an Imported Pistachios— 

Failed Lot Notification report (Form FV– 

249) as described in paragraph (h)(1) of 

this section, and shall submit it to 

Customs, the importer, and USDA 

within 10 working days of the test 

failure. This form must be completed 

and submitted each time a lot fails 

aflatoxin testing. 

(h) Reports and recordkeeping. (1) 

Form FV–249 Imported Pistachios— 

Failed Lot Notification. Each USDA or 

USDA-accredited laboratory shall notify 

the importer; Customs; and the 

Marketing Order and Agreement 

Division, Fruit and Vegetable Programs, 

AMS, USDA; of all lots that fail to meet 

the maximum aflatoxin requirements by 

completing this form and submitting it 

within 10 days of failed aflatoxin 

testing. 

(2) Form FV–251 Imported 

Pistachios—Rework and Failed Lot 

Disposition. Each importer who reworks 

a failing lot of pistachios shall complete 

this report and shall forward it to 

Customs and the Marketing Order and 

Agreement Division, Fruit and 

Vegetable Programs, AMS, USDA, no 

later than 10 days after the rework is 

completed. If rework is not selected as 

a remedy, the importer shall complete 

and submit this form within 10 days of 

alternate disposition of the lot. 

(i) Exemptions. Any importer may 

import pistachios free of the 

requirements of this section if such 

importer imports a quantity not 

exceeding a total of 5,000 dried pounds 

between September 1 and August 31 of 

each year. Substandard pistachios 

imported for use in non-human 

consumption outlets shall be subject to 

the safeguard provisions contained in 

§ 999.500. 

(j) Reconditioning prior to 

importation. Nothing contained in this 

section shall be deemed to preclude 

reconditioning pistachios prior to 

importation, in order that such 

pistachios may be made eligible to meet 

the applicable aflatoxin regulations 

prescribed in paragraphs (c) through (f) 

of this section. 

(k) Comingling. Certified lots of 

pistachios may be comingled with other 

certified lots, but the comingling of 

certified lots and uncertified lots shall 

cause the loss of certification for the 

comingled lots. 

(l) Retesting. Whenever USDA has 

reason to believe that imported 

pistachios may have been damaged or 

deteriorated while in storage, USDA 

may reject the then effective inspection 

certificate and may require the owner of 

the pistachios to have them retested to 

establish whether or not such pistachios 

may be shipped for human 

consumption. 

(m) Compliance. Any person who 

violates any provision of this section 

shall be subject to a forfeiture in the 

amount prescribed in section 8a(5) of 

the Agricultural Marketing Agreement 

Act of 1937, as amended; 7 U.S.C. 601– 

674), or, upon conviction, a penalty in 

the amount prescribed in section 8c(14) 

of the said Act, or to both such forfeiture 

and penalty. False representation to any 

agency of the United States on any 

matter within its jurisdiction, knowing 

it to be false, is a violation of 18 U.S.C. 

1001, which provides for a fine or 

imprisonments or both. 

(n) Other import requirements. The 

provisions of this section do not 

supersede any restrictions or 

prohibitions on pistachios under the 

Federal Plant Quarantine Act of 1912, or 

any other applicable laws or regulations 

of city, county, State, or Federal 

Agencies including the Federal Food, 

Drug and Cosmetic Act. 

Dated: October 14, 2011. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–27285 Filed 10–20–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1139; Directorate 

Identifier 2011–CE–021–AD] 

RIN 2120–AA64 

Airworthiness Directives; SOCATA 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

SOCATA Model TBM 700 airplanes. 

This proposed AD results from 

mandatory continuing airworthiness 

information (MCAI) originated 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: 

A TBM 700 operator reported a case of 

inverted installation of aileron control cables 

in the wing. The shortest cable was found 

installed instead of the longest one on wing 

tip side, with left hand (LH) threaded end in 

upper section. This wrong installation could 

have been caused by mistaken maintenance 

data. 

This condition, if not detected and 

corrected, could lead to restricted movement 

of the aileron, resulting in reduced control of 

the aeroplane, particularly when operating 

under adverse flight conditions on landing 

and during avoidance manoeuvres. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by December 5, 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. 

• 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 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact SOCATA— 

Direction des Services—65921 Tarbes 

Cedex 9—France; telephone +33 (0) 62 

41 7300, fax +33 (0) 62 41 76 54, or for 

North America: SOCATA NORTH 

AMERICA, 7501 South Airport Road, 

North Perry Airport (HWO), Pembroke 

Pines, Florida 33023; telephone: (954) 

893–1400; fax: (954) 964–4141; e-mail: 

mysocata@socata.daher.com; Internet: 

http://mysocata.com. 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. 

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 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 


jlentini on DSK4TPTVN1PROD with PROPOSALS
65420 Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: 

Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4119; fax: (816) 329–4090; e-mail: 

albert.mercado@faa.gov. 

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–2011–1139; Directorate Identifier 

2011–CE–021–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:// 

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 AD No.: 

2011–0101, dated May 25, 2011 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

A TBM 700 operator reported a case of 

inverted installation of aileron control cables 

in the wing. The shortest cable was found 

installed instead of the longest one on wing 

tip side, with left hand (LH) threaded end in 

upper section. This wrong installation could 

have been caused by mistaken maintenance 

data. 

This condition, if not detected and 

corrected, could lead to restricted movement 

of the aileron, resulting in reduced control of 

the aeroplane, particularly when operating 

under adverse flight conditions on landing 

and during avoidance manoeuvres. 

For the reasons described above, this AD 

requires an inspection to verify the correct 

installation of the aileron control cables and, 

in case of discrepancies, proper reinstallation of the cables in accordance with 

the approved design configuration. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Even with potentially reduced aileron 

deflection, Socata’s analysis shows that 

the airplane is still capable of achieving 

its published cross wind landing limits. 

Relevant Service Information 

DAHER–SOCATA has issued 

Mandatory Service Bulletin SB 70–191– 

27, dated April 2011; SOCATA TBM 

700 Model Maintenance Manual 

Temporary Revision No. TR040.27, 

dated April 2011; and SOCATA TBM 

850 Maintenance Manual Temporary 

Revision No. TR015.27, dated April 

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 the 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 this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed AD 

and the MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a Note within the 

proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 404 products of U.S. registry. 

We also estimate that it would take 

about .5 work-hour 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 $0 per product. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $17,170, or $43 per 

product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 16 work-hours and require parts 

costing $0, for a cost of $1,360 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

According to the manufacturer, some 

of the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. We do not control warranty 

coverage for affected individuals. As a 

result, we have included all costs in our 

cost estimate. 

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. 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Proposed Rules 65421 

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: 

SOCATA: Docket No. FAA–2011–1139; 

Directorate Identifier 2011–CE–021–AD. 

Comments Due Date 

(a) We must receive comments by 

December 5, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to SOCATA Model 

TBM 700 airplanes, serial numbers (SN) 1 

through 572, 574, and 576, certificated in any 

category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A TBM 700 operator reported a case of 

inverted installation of aileron control cables 

in the wing. The shortest cable was found 

installed instead of the longest one on wing 

tip side, with left hand (LH) threaded end in 

upper section. This wrong installation could 

have been caused by mistaken maintenance 

data. 

This condition, if not detected and 

corrected, could lead to restricted movement 

of the aileron, resulting in reduced control of 

the aeroplane, particularly when operating 

under adverse flight conditions on landing 

and during avoidance manoeuvres. 

For the reasons described above, this AD 

requires an inspection to verify the correct 

installation of the aileron control cables and, 

in case of discrepancies, proper reinstallation of the cables in accordance with 

the approved design configuration. 

Even with potentially reduced aileron 

deflection, Socata’s analysis shows that the 

airplane is still capable of achieving its 

published cross wind landing limits. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 12 months after the effective 

date of this AD or within 100 hours time-inservice (TIS) after the effective date of this 

AD, whichever occurs first, inspect the 

aileron control cables in left and right wings 

for proper installation following the 

accomplishment instructions of DAHER– 

SOCATA Mandatory Service Bulletin SB 70– 

191–27, dated April 2011. 

(2) If during the inspection required by 

paragraph (f)(1) of this AD you find the 

cables are improperly installed, before 

further flight, remove the cables and correctly 

re-install the cables following the 

accomplishment instructions of DAHER– 

SOCATA Mandatory Service Bulletin SB 70– 

191–27, dated April 2011. 

(3) After the effective date of this AD, after 

each removal of the aileron control cables, 

you must re-install using the maintenance 

manual temporary revisions below: 

(i) For S/N 1 through 433: SOCATA TBM 

700 Model Maintenance Manual Temporary 

Revision No. TR040.27, dated April 2011. 

(ii) For S/N 434 through 572, 574 and 576: 

SOCATA TBM 850 Maintenance Manual 

Temporary Revision No. TR015.27, dated 

April 2011. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: The 

compliance time of the MCAI is 12 months 

after the effective day of the AD. This differs 

from the service bulletin of 12 months or 100 

hours TIS, whichever occurs first. To assure 

that the unsafe condition is addressed on all 

airplanes in a timely manner, the FAA is 

using the compliance time from the service 

bulletin. 

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: Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4119; fax: (816) 329– 

4090; e-mail: albert.mercado@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.: 2011–0101, 

dated May 25, 2011; DAHER–SOCATA 

Mandatory Service Bulletin SB 70–191–27, 

dated April 2011; SOCATA TBM 700 Model 

Maintenance Manual Temporary Revision 

No. TR040.27, dated April 2011; and 

SOCATA TBM 850 Maintenance Manual 

Temporary Revision No. TR015.27, dated 

April 2011, for related information. For 

service information related to this AD, 

contact SOCATA—Direction des Services— 

65921 Tarbes Cedex 9—France; telephone 

+33 (0) 62 41 7300, fax +33 (0) 62 41 76 54, 

or for North America: SOCATA NORTH 

AMERICA, 7501 South Airport Road, North 

Perry Airport (HWO), Pembroke Pines, 

Florida 33023; telephone: (954) 893–1400; 

fax: (954) 964–4141; e-mail: 

mysocata@socata.daher.com; Internet: http:// 

mysocata.com. 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 

October 14, 2011. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–27264 Filed 10–20–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1155; Directorate 

Identifier 2011–CE–032–AD] 

RIN 2120–AA64 

Airworthiness Directives; SchemppHirth Flugzeugbau GmbH Gliders 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

Schempp-Hirth Flugzeugbau GmbH 

Model Discus 2cT gliders. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 


jlentini on DSK4TPTVN1PROD with PROPOSALS