Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Rules and Regulations 25535

Docket Office (phone: 800–647–5527) is 54 with the part number re-marked as the consequent * * * [non-functioning] of Document Management Facility, U.S. R817370R1 are in compliance with this the RAT when needed. Department of Transportation, Docket AD. * * * * * Operations, M–30, West Building * * * * * Ground Floor, Room W12–140, 1200 Non-functioning of the RAT could result In the Federal Register of February 9, in insufficient electrical power to New Jersey Avenue, SE., Washington, 2011, on page 7102, in the second DC 20590. operate the fly-by-wire system, and column, paragraph (f) of AD 2011–04– subsequent loss of control of the FOR FURTHER INFORMATION CONTACT: 02 is corrected to read as follows: airplane. We are issuing this AD to Michael Schwetz, Aerospace Engineer, * * * * * require actions to correct the unsafe Boston Aircraft Certification Office, condition on these products. FAA, Engine and Propeller Directorate, Removing Blades P/N R817370–1 12 New England Executive Park, (f) Remove from service, blades P/N DATES: This AD becomes effective June Burlington, MA 01803; telephone (781) R817370–1, S/Ns FR2018, FR2103, 9, 2011. 238–7761; fax (781) 238–7170; e-mail: FR2108, FR2109, FR2111, FR2123, ADDRESSES: You may examine the AD [email protected]. FR2183, FR2187, FR2262, FR2276 docket on the Internet at http:// SUPPLEMENTARY INFORMATION: through FR2279, FR2398, FR2449 to www.regulations.gov or in person at the Airworthiness Directive 2011–04–02, FR2958 inclusive, FR20010710 to U.S. Department of Transportation, amendment 39–16602 (76 FR 7101, FR20010722 inclusive, and Docket Operations, M–30, West February 9, 2011), currently requires FR20010723RT to FR20020127RT Building Ground Floor, Room W12–140, removing from service, certain part inclusive, within 30 days after the 1200 New Jersey Avenue, SE., number and serial number propeller effective date of this AD. Washington, DC. blades for Hamilton Sundstrand * * * * * FOR FURTHER INFORMATION CONTACT: Tom Propellers Model 247F Propellers. Issued in Burlington, Massachusetts, on Rodriguez, Aerospace Engineer, As published, the propeller blade part April 29, 2011. number 817370–1 and ATR72–210 and International Branch, ANM–116, Peter A. White, ATR722–210E airplanes in the Transport Airplane Directorate, FAA, Acting Manager, Engine & Propeller 1601 Lind Avenue, SW., Renton, SUPPLEMENTARY INFORMATION, the Directorate, Aircraft Certification Service. Applicability, and the Compliance Washington 98057–3356; telephone sections are incorrect. [FR Doc. 2011–10898 Filed 5–4–11; 8:45 am] (425) 227–1137; fax (425) 227–1149. No other part of the preamble or BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: regulatory information has been changed; therefore, only the changed Discussion DEPARTMENT OF TRANSPORTATION portion of the final rule is being We issued a notice of proposed published in the Federal Register. Federal Aviation Administration rulemaking (NPRM) to amend 14 CFR The effective date of this AD remains part 39 to include an AD that would March 16, 2011. 14 CFR Part 39 apply to the specified products. That Correction of Non-Regulatory Text NPRM was published in the Federal [Docket No. FAA–2010–1306; Directorate Register on January 5, 2011 (76 FR 480). In the Federal Register of February 9, Identifier 2010–NM–112–AD; Amendment 39–16682; AD 2011–10–01] That NPRM proposed to correct an 2011, AD 2011–04–02; Amendment 39– unsafe condition for the specified 16602 is corrected as follows: RIN 2120–AA64 products. The MCAI states: On page 7101 in the third column, on line 26, SUPPLEMENTARY INFORMATION, Airworthiness Directives; Dassault- A design review has revealed a potential change ‘‘817370–1’’ to ‘‘R817370–1’’. Aviation Model FALCON 7X Airplanes dormant failure of the Ram Air Turbine On page 7101 in the third column, on (RAT) heating system. If this failure occurs, it could lead to the freezing of the RAT line 33, SUPPLEMENTARY INFORMATION, AGENCY: Federal Aviation ‘‘ ’’ ‘‘ ’’ Administration (FAA), Department of mechanism [the potential consequence of change 817370–1 to R817370–1 . this heater being inoperative relates primarily Transportation (DOT). Correction of Regulatory Text to generator rotor/turbine assembly ACTION: Final rule. rotation—either the ability to rotate or to § 39.13 [Corrected] rotate at rated RPM for a given airspeed], and In the Federal Register of February 9, SUMMARY: We are adopting a new the consequent * * * [non-functioning] of 2011, on page 7102, in the second airworthiness directive (AD) for the the RAT when needed. column, paragraph (c) of AD 2011–04– products listed above. This AD results The purpose of this AD is to require a repetitive functional test of the RAT heater 02 is corrected to read as follows: from mandatory continuing airworthiness information (MCAI) * * *. * * * * * originated by an aviation authority of (c) This AD applies to Hamilton Non-functioning of the RAT could another country to identify and correct Sundstrand model 247F series result in insufficient electrical power to an unsafe condition on an aviation propellers with blades part number (P/ operate the fly-by-wire system, and product. The MCAI describes the unsafe N) R817370–1, serial numbers (S/Ns) subsequent loss of control of the condition as: FR2018, FR2103, FR2108, FR2109, airplane. The corrective action is FR2111, FR2123, FR2183, FR2187, A design review has revealed a potential repairing. You may obtain further FR2262, FR2276 through FR2279 dormant failure of the Ram Air Turbine information by examining the MCAI in inclusive, FR 2398, FR2449 to FR2958 (RAT) heating system. If this failure occurs, the AD docket. it could lead to the freezing of the RAT inclusive, FR20010710 to FR20010722 mechanism [the potential consequence of Comments inclusive, and FR20010723RT to this heater being inoperative relates primarily FR20020127RT inclusive, installed. to generator rotor/turbine assembly We gave the public the opportunity to Propeller blades reworked to Hamilton rotation—either the ability to rotate or to participate in developing this AD. We Sundstrand Service Bulletin 247F–61– rotate at rated RPM for a given airspeed], and considered the comment received.

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Request To Rephrase Summary and Authority for This Rulemaking List of Subjects in 14 CFR Part 39 Reason Sections of the NPRM Title 49 of the United States Code Air transportation, Aircraft, Aviation Hamilton Sundstrand requested that specifies the FAA’s authority to issue safety, Incorporation by reference, we rephrase the Summary and Reason rules on aviation safety. Subtitle I, Safety. sections of the NPRM regarding the section 106, describes the authority of Adoption of the Amendment potential for RAT non-deployment due the FAA Administrator. ‘‘Subtitle VII: Accordingly, under the authority to freezing of the RAT mechanism. The Aviation Programs,’’ describes in more commenter stated that the malfunction delegated to me by the Administrator, detail the scope of the Agency’s of the RAT heating system would not in the FAA amends 14 CFR part 39 as authority. itself prevent RAT deployment. The follows: commenter stated that the heating We are issuing this rulemaking under system consists of only the RAT heater the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS within the generator, and the potential Part A, Subpart III, Section 44701: DIRECTIVES General requirements.’’ Under that consequence of this heater being ■ inoperative relates primarily to freezing section, Congress charges the FAA with 1. The authority citation for part 39 of the gap between the rotor and stator promoting safe flight of civil aircraft in continues to read as follows: of the generator rotor/turbine assembly, air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. leading to the RAT generator inability to for practices, methods, and procedures rotate or to rotate at rated rotations per the Administrator finds necessary for § 39.13 [Amended] minute (RPM) for a given airspeed. safety in air commerce. This regulation ■ 2. The FAA amends § 39.13 by adding We agree to rephrase the Summary is within the scope of that authority the following new AD: and Reason sections of the AD, as well because it addresses an unsafe condition as paragraph (e) of this AD, although the that is likely to exist or develop on 2011–10–01 Dassault-Aviation: end result of the heater issue results in products identified in this rulemaking Amendment 39–16682. Docket No. FAA–2010–1306; Directorate Identifier the identified insufficient electrical action. 2010–NM–112–AD. power to operate the fly-by-wire system, and subsequent loss of control of the Regulatory Findings Effective Date airplane. We determined that this AD will not (a) This airworthiness directive (AD) becomes effective June 9, 2011. Conclusion have federalism implications under Executive Order 13132. This AD will Affected ADs We reviewed the available data, not have a substantial direct effect on including the comment received, and (b) None. the States, on the relationship between determined that air safety and the the national government and the States, Applicability public interest require adopting the AD (c) This AD applies to Dassault-Aviation with the changes described previously. or on the distribution of power and responsibilities among the various Model FALCON 7X airplanes, certificated in We determined that these changes will any category, all serial numbers. not increase the economic burden on levels of government. any operator or increase the scope of the For the reasons discussed above, I Subject AD. certify this AD: (d) Air Transport Association (ATA) of America Code 24: Electrical power. Differences Between This AD and the 1. Is not a ‘‘significant regulatory MCAI or Service Information action’’ under Executive Order 12866; Reason 2. Is not a ‘‘significant rule’’ under the (e) The mandatory continuing We have reviewed the MCAI and airworthiness information (MCAI) states: related service information and, in DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and A design review has revealed a potential general, agree with their substance. But dormant failure of the Ram Air Turbine we might have found it necessary to use 3. Will not have a significant (RAT) heating system. If this failure occurs, different words from those in the MCAI economic impact, positive or negative, it could lead to the freezing of the RAT to ensure the AD is clear for U.S. on a substantial number of small entities mechanism [the potential consequence of operators and is enforceable. In making under the criteria of the Regulatory this heater being inoperative relates primarily these changes, we do not intend to differ Flexibility Act. to generator rotor/turbine assembly substantively from the information rotation—either the ability to rotate or to We prepared a regulatory evaluation rotate at rated RPM for a given airspeed], and provided in the MCAI and related of the estimated costs to comply with the consequent * * * [non-functioning] of service information. this AD and placed it in the AD docket. the RAT when needed. We might also have required different * * * * * actions in this AD from those in the Examining the AD Docket Non-functioning of the RAT could result in MCAI in order to follow our FAA You may examine the AD docket on insufficient electrical power to operate the policies. Any such differences are fly-by-wire system, and subsequent loss of highlighted in a NOTE within the AD. the Internet at http:// control of the airplane. www.regulations.gov; or in person at the Costs of Compliance Docket Operations office between 9 a.m. Compliance We estimate that this AD will affect and 5 p.m., Monday through Friday, (f) You are responsible for having the 21 products of U.S. registry. We also except Federal holidays. The AD docket actions required by this AD performed within estimate that it will take about 1 work- contains the NPRM, the regulatory the compliance times specified, unless the hour per product to comply with the evaluation, any comments received, and actions have already been done. basic requirements of this AD. The other information. The street address for Actions average labor rate is $85 per work-hour. the Docket Operations office (telephone (g) At the applicable times specified in Based on these figures, we estimate the (800) 647–5527) is in the ADDRESSES paragraph (g)(1) or (g)(2) of this AD, do a cost of this AD to the U.S. operators to section. Comments will be available in functional test of the RAT heater using a be $1,785, or $85 per product. the AD docket shortly after receipt. method approved by either the Manager,

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International Branch, ANM–116, Transport [email protected]. Lind Avenue, SW., Renton, WA 98057; Airplane Directorate, FAA; or the European Before using any approved AMOC, notify telephone (425) 203–4537. Aviation Safety Agency (EASA) (or its your appropriate principal inspector, or SUPPLEMENTARY INFORMATION: delegated agent). Repeat the functional test of lacking a principal inspector, the manager of the RAT heater thereafter at the applicable the local flight standards district office/ History time specified in paragraph (g)(1) or (g)(2) of certificate holding district office. The AMOC this AD. If any functional test fails, before approval letter must specifically reference On February 14, 2011, the FAA further flight, repair using a method this AD. published in the Federal Register a approved by either the Manager, (2) Airworthy Product: For any requirement notice of proposed rulemaking to amend International Branch, ANM–116, Transport in this AD to obtain corrective actions from controlled airspace at McCall, ID (76 FR Airplane Directorate, FAA; or EASA (or its a manufacturer or other source, use these 8324). Interested parties were invited to delegated agent). actions if they are FAA-approved. Corrective participate in this rulemaking effort by (1) For Falcon 7X airplanes on which actions are considered FAA-approved if they submitting written comments on the modification M0305 has not been done and are approved by the State of Design Authority proposal to the FAA. No comments on which Dassault Service Bulletin 7X–018, (or their delegated agent). You are required dated March 6, 2009, has not been done: were received. to assure the product is airworthy before it Class E Airspace designations are Within 650 flight hours after the effective is returned to service. date of this AD, do a functional test of the published in paragraph 6005 of FAA RAT heater and repeat the functional test of Related Information Order 7400.9U dated August 18, 2010, the RAT heater thereafter at intervals not to (i) Refer to MCAI EASA Airworthiness and effective September 15, 2010, which exceed 650 flight hours. Directive 2010–0033, dated March 3, 2010, is incorporated by reference in 14 CFR (2) For Falcon 7X airplanes on which for related information. 71.1. The Class E Airspace designations modification M0305 has been done or on Material Incorporated by Reference listed in this document will be which Dassault Service Bulletin 7X–018, published subsequently in that Order. dated March 6, 2009, has been done: Within (j) None. 1,900 flight hours after the effective date of The Rule this AD or after modification M0305 or Issued in Renton, Washington, on April 20, Dassault Service Bulletin 7X–018, dated 2011. This action amends Title 14 Code of March 6, 2009, has been done, whichever Kalene C. Yanamura, Federal Regulations (14 CFR) Part 71 by occurs later, do a functional test of the RAT Acting Manager, Transport Airplane amending Class E Airspace extending heater. Repeat the functional test of the RAT Directorate, Aircraft Certification Service. upward from 700 feet above the surface, heater thereafter at intervals not to exceed [FR Doc. 2011–10690 Filed 5–4–11; 8:45 am] at McCall Municipal Airport, for 1,900 flight hours. BILLING CODE 4910–13–P standard instrument approach Note 1: Additional guidance for doing the procedures at the airport. Airspace functional test of the RAT heater required by reconfiguration is necessary due to the paragraph (g) of this AD can be found in Task DEPARTMENT OF TRANSPORTATION decommissioning of the McCall NDB 24–50–25–720–801, Functional Test of the and cancellation of the NDB approach. RAT Heater, dated January 16, 2009, of the Federal Aviation Administration This also will correct the airport name Dassault Falcon 7X Aircraft Maintenance Manual (AMM). from McCall Airport to McCall 14 CFR Part 71 Municipal Airport. FAA AD Differences The FAA has determined this [Docket No. FAA–2011–0097; Airspace regulation only involves an established Note 2: This AD differs from the MCAI Docket No. 11–ANM–3] and/or service information as follows: body of technical regulations for which (1) The MCAI provides an option of Amendment of Class E Airspace; frequent and routine amendments are inserting the MCAI into Chapter 5–40 of the McCall, ID necessary to keep them operationally Dassault Falcon 7X AMM, pending current. Therefore, this regulation: (1) Is publication of the revised Chapter 5–40 of AGENCY: Federal Aviation not a ‘‘significant regulatory action’’ the Dassault Falcon 7X AMM. This AD does Administration (FAA), DOT. under Executive Order 12866; (2) is not not have that option. ACTION: Final rule. a ‘‘significant rule’’ under DOT (2) The MCAI requires doing the actions in Regulatory Policies and Procedures (44 accordance with Task 24–50–25–720–801 of SUMMARY: This action will amend Chapter 5–40, of the Dassault Falcon 7X FR 11034; February 26, 1979); and (3) existing Class E Airspace at McCall does not warrant preparation of a AMM. However, this AD requires that the Municipal Airport, McCall, ID. actions be done using a method approved by regulatory evaluation as the anticipated the FAA or EASA (or its delegated agent). Decommissioning of the McCall Non- impact is so minimal. Since this is a Directional Beacon (NDB) at McCall routine matter that will only affect air Other FAA AD Provisions Municipal Airport has made this action traffic procedures and air navigation, it (h) The following provisions also apply to necessary for the safety and is certified this rule, when promulgated, this AD: management of Instrument Flight Rules will not have a significant economic (1) Alternative Methods of Compliance (IFR) operations at the airport. This impact on a substantial number of small (AMOCs): The Manager, International action also would correct the airport entities under the criteria of the Branch, ANM–116, FAA, has the authority to name from McCall Airport. approve AMOCs for this AD, if requested Regulatory Flexibility Act. The FAA’s using the procedures found in 14 CFR 39.19. DATES: Effective date, 0901 UTC, August authority to issue rules regarding In accordance with 14 CFR 39.19, send your 25, 2011. The Director of the Federal aviation safety is found in Title 49 of the request to your principal inspector or local Register approves this incorporation by U.S. Code. Subtitle 1, Section 106 Flight Standards District Office, as reference action under 1 CFR part 51, discusses the authority of the FAA appropriate. If sending information directly subject to the annual revision of FAA Administrator. Subtitle VII, Aviation to the International Branch, send it to ATTN: Order 7400.9 and publication of Programs, describes in more detail the Tom Rodriguez, Aerospace Engineer, conforming amendments. International Branch, ANM–116, Transport scope of the agency’s authority. This Airplane Directorate, FAA, 1601 Lind FOR FURTHER INFORMATION CONTACT: rulemaking is promulgated under the Avenue, SW., Renton, Washington 98057– Eldon Taylor, Federal Aviation authority described in Subtitle VII, Part 3356; telephone (425) 227–1137; fax (425) Administration, Operations Support A, Subpart I, Section 40103. Under that 227–1149. Information may be e-mailed to: Group, Western Service Center, 1601 section, the FAA is charged with

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