Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Proposed Rules 60395 

d. In paragraph (e) introductory text, 

by adding a sentence after the second 

sentence to read as set forth below. 

e. By adding a sentence after the 

paragraph (e)(1) introductory text 

heading to read as set forth below. 

§ 305.9 Irradiation treatment requirements. 

* * * * * 

(a) * * * 

(1) Where certified irradiation 

facilities are available, an approved 

irradiation treatment may be conducted 

for any imported regulated article either 

prior to shipment to the United States 

or in the United States. For any 

regulated article moved interstate from 

Hawaii or U.S. territories, irradiation 

treatment may be conducted either prior 

to movement to the mainland United 

States or in the mainland United States. 

Irradiation facilities may be located in 

any State on the mainland United 

States. For irradiation facilities located 

in the States of Alabama, Arizona, 

California, Florida, Georgia, Kentucky, 

Louisiana, Mississippi, Nevada, New 

Mexico, North Carolina, South Carolina, 

Tennessee, Texas, and Virginia, the 

following additional conditions must be 

met: 

(i) Prospective facility operators must 

submit a detailed layout of the facility 

site and its location to APHIS. APHIS 

will evaluate plant health risks based on 

the proposed location and layout of the 

facility site. APHIS will only approve a 

proposed facility if the Administrator 

determines that regulated articles can be 

safely transported to the facility from 

port of entry or points of origin in the 

United States. 

(ii) The government of the State in 

which the facility is to be located must 

concur in writing with the 

establishment of the facility or, if it does 

not concur, must provide a written 

explanation of concern based on pest 

risks. In instances where the State 

government does not concur with the 

proposed facility location, APHIS and 

the State will agree on a strategy to 

resolve the pest risk concerns prior to 

APHIS approval. 

(iii) Untreated articles may not be 

removed from their packaging prior to 

treatment under any circumstances. 

(iv) The facility must have 

contingency plans, approved by APHIS, 

for safely destroying or disposing of 

regulated articles if the facility is unable 

to properly treat a shipment. 

(v) The facility may only treat articles 

approved by APHIS for treatment at the 

facility. Approved articles will be listed 

in the compliance agreement required in 

paragraph (c)(1)(i) of this section. 

(vi) Arrangements for treatment must 

be made before the departure of a 

consignment from its port of entry or 

points of origin in the United States. 

APHIS and the facility must agree on all 

parameters, such as time, routing, and 

conveyance, by which the consignment 

will move from the port of entry or 

points of origin in the United States to 

the treatment facility. 

(vii) Regulated articles must be 

conveyed to the facility in a refrigerated 

(via motorized refrigeration equipment 

or other methods including ice or 

insulation) or air-conditioned 

conveyance at a temperature that 

minimizes the mobility of the pests of 

concern for the article. 

(viii) The facility must maintain and 

provide APHIS with an updated map 

identifying places where horticultural or 

other crops are grown within 4 square 

miles of the facility. Proximity of host 

material to the facility will necessitate 

trapping or other pest monitoring 

activities to help prevent establishment 

of any escaped pests of concern, as 

approved by APHIS; these activities will 

be listed in the compliance agreement 

required in paragraph (c)(1)(i) of this 

section. The treatment facility must 

have a pest management plan within the 

facility. 

(ix) The facility must comply with 

any additional requirements that APHIS 

may require to prevent the escape of 

plant pests during transport to and from 

the irradiation facility itself, for a 

particular facility based on local 

conditions, and for any other risk factors 

of concern. These activities will be 

listed in the compliance agreement 

required in paragraph (c)(1)(i) of this 

section. 

* * * * * 

(b) * * * Other agencies that have 

regulatory oversight and requirements 

must concur in writing with the 

establishment of the facility prior to 

APHIS approval. 

(c) * * * Compliance agreements for 

facilities located in States listed in 

paragraph (a)(1) of this section may also 

contain additional provisions as 

described in paragraphs (a)(1)(i) through 

(a)(1)(ix) of this section. * * * 

* * * * * 

(e) * * * Facilities must be located 

within the local commuting area for 

APHIS employees for inspection 

purposes. 

(1) * * * Facilities shall be located 

within an area over which the U.S. 

Department of Homeland Security is 

assigned authority to accept entries of 

merchandise, to collect duties, and to 

enforce the provisions of the customs 

and navigation laws in force. * * * 

* * * * * 

PART 319—FOREIGN QUARANTINE 

NOTICES 

3. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

§ 319.56–46 [Amended] 

4. Section § 319.56–46 is amended as 

follows: 

a. In paragraph (a), by removing the 

words ‘‘in India’’. 

b. In paragraph (e) introductory text, 

by removing the words ‘‘certifying that 

the fruit received the required 

irradiation treatment. The phytosanitry 

certificate must also bear’’ and adding 

the word ‘‘with’’ in their place. 

§ 319.56–47 [Amended] 

5. Section 319.56–47 is amended as 

follows: 

a. In paragraph (b), by removing the 

second sentence. 

b. In paragraph (c)(1), by removing the 

words ‘‘that the litchi were treated with 

irradiation as described in paragraph (b) 

of this section and’’. 

c. In paragraph (c)(2), by removing the 

words ‘‘with an additional declaration 

stating that the longan, mango, 

mangosteen, pineapple, or rambutan 

were treated with irradiation as 

described in paragraph (b) of this 

section’’. 

Done in Washington, DC, this 22nd day of 

September 2011. 

Edward Avalos, 

Under Secretary for Marketing and Regulatory 

Programs. 

[FR Doc. 2011–25092 Filed 9–28–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Research Service 

7 CFR Part 505 

Modification of Interlibrary Loan Fee 

Schedule; Correction 

AGENCY: Agricultural Research Service, 

USDA. 

ACTION: Proposed rule; correction. 

SUMMARY: The proposed rule published 

in the Federal Register on September 

16, 2011 (76 FR 57681) announced 

Agricultural Research Service intent to 

seek comments on renewing the 

National Agricultural Library’s 

regulation to increase the interlibrary 

loan fees. This document corrects the 

RIN number. 

FOR FURTHER INFORMATION CONTACT: Kay 

Derr, 301–504–5879. 


jlentini on DSK4TPTVN1PROD with PROPOSALS
60396 Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Proposed Rules 

Correction 

In the Federal Register of September 

16, 2011, in FR Doc. 2011–23723, on 

pages 57681–57682 in the heading 

section, correct the RIN number to read 

as follows: RIN 0518–AA04 

Yvette Anderson, 

Federal Register Liaison Officer for 

Agricultural Research Service. 

[FR Doc. 2011–24367 Filed 9–28–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1040; Directorate 

Identifier 2011–CE–029–AD] 

RIN 2120–AA64 

Airworthiness Directives; Piaggio Aero 

Industries S.p.A. 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 certain 

Piaggio Aero Industries S.p.A. Model 

P–180 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: 

One event of in-flight baggage door 

opening occurred on an in-service aeroplane 

due to a defective locking mechanism or 

installation thereof; the BAG DOOR warning 

light went on properly before the event, but 

was ignored by the pilot, who misinterpreted 

it as a false warning. 

NOTE: False in-service BAG DOOR 

warnings had occurred on other P.180 

aeroplanes, and Piaggio Aero Industries (PAI) 

had issued Service Bulletin (SB) No. 80–0223 

revision 1 to improve the installation of the 

baggage door warning microswitch and to 

modify the locking mechanism if necessary. 

This condition, if not detected and 

corrected, could lead to in-flight detachment 

of the door, which could hit and damage the 

left propeller and/or the vertical or horizontal 

stabilizer, possibly resulting in loss of control 

of the aeroplane, or in injuries to persons or 

damage to property on the ground. 

Instances of the baggage door open light 

illuminating have occurred when the 

baggage door was not open. This 

condition, if not corrected, could result 

in the pilot disregarding a valid 

warning. 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 November 14, 

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 Piaggio Aero 

Industries S.p.A.-Airworthiness Office, 

Via Luigi Cibrario, 4–16154 GenovaItaly; phone: +39 010 6481353; fax: +39 

010 6481881; e-mail: 

airworthiness@piaggioaero.it; Internet: 

http://www.piaggioaero.com/#/en/aftersales/service-support. 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. 

FOR FURTHER INFORMATION CONTACT: 

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. 

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–2011–1040; Directorate Identifier 

2011–CE–029–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.: 

2011–0132, dated July 12, 2011 (referred 

to after this as ‘‘the MCAI’’), to correct 

an unsafe condition for the specified 

products. The MCAI states: 

One event of in-flight baggage door 

opening occurred on an in-service aeroplane 

due to a defective locking mechanism or 

installation thereof; the BAG DOOR warning 

light went on properly before the event, but 

was ignored by the pilot, who misinterpreted 

it as a false warning. 

NOTE: false in-service BAG DOOR 

warnings had occurred on other P.180 

aeroplanes, and Piaggio Aero Industries (PAI) 

had issued Service Bulletin (SB) No. 80–0223 

revision 1 to improve the installation of the 

baggage door warning microswitch and to 

modify the locking mechanism if necessary. 

This condition, if not detected and 

corrected, could lead to in-flight detachment 

of the door, which could hit and damage the 

left propeller and/or the vertical or horizontal 

stabilizer, possibly resulting in loss of control 

of the aeroplane, or in injuries to persons or 

damage to property on the ground. 

This AD requires an inspection of the 

locking mechanism of the baggage door and 

its proper adjustment, in accordance with 

PAI SB No. 80–0289 revision 1; if baggage 

door lockpins do not reach the correct 

engagement, or false BAG DOOR warnings 

were reported by flight crew, this AD 

requires also a modification of the door 

mechanism in accordance with PAI SB No. 

80–0223 revision 1. 

Instances of the baggage door open light 

illuminating have occurred when the 

baggage door was not open. This 

condition, if not corrected, could result 

in the pilot disregarding a valid 

warning. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Piaggio Aero Industries S.p.A. has 

issued Service Bulletin No. 80–0223, 


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