This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

8917 

Vol. 76, No. 32 

Wednesday, February 16, 2011 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 927 

[Doc. No. AMS–FV–10–0112; FV11–927–1 

CR] 

Pears Grown in Oregon and 

Washington; Continuance Referendum 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Referendum order. 

SUMMARY: This document directs that a 

referendum be conducted among 

eligible Oregon and Washington pear 

growers to determine whether they favor 

continuance of the marketing order 

regulating the handling of pears grown 

in Oregon and Washington. 

DATES: The referendum will be 

conducted from February 26 through 

March 11, 2011. To vote in this 

referendum, growers must have grown 

pears in Oregon or Washington during 

the period July 1, 2009, through June 30, 

2010. 

ADDRESSES: Copies of the marketing 

order may be obtained from the 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, U.S. Department of Agriculture, 

805 SW. Broadway, Suite 930, Portland, 

Oregon 97205, or the Office of the 

Docket Clerk, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson, Marketing 

Specialist, or Gary D. Olson, Regional 

Manager, Northwest Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or E-mail: 

Teresa.Hutchinson@ams.usda.gov or 

GaryD.Olson@ams.usda.gov, 

respectively. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Marketing Order No. 927 (7 CFR part 

927), hereinafter referred to as the 

‘‘order,’’ and the applicable provisions of 

the Agricultural Marketing Agreement 

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

674), hereinafter referred to as the ‘‘Act,’’ 

it is hereby directed that a referendum 

be conducted to ascertain whether 

continuance of the order is favored by 

growers. The referendum shall be 

conducted from February 26 through 

March 11, 2011, among eligible Oregon 

and Washington pear growers. Only 

growers that were engaged in the 

production of pears in Oregon or 

Washington during the period of July 1, 

2009, through June 30, 2010, may 

participate in the continuance 

referendum. 

USDA has determined that 

continuance referenda are an effective 

means for determining whether growers 

favor the continuation of marketing 

order programs. USDA would consider 

termination of the order if less than twothirds of the growers voting in the 

referendum and growers of less than 

two-thirds of the volume of Oregon and 

Washington pears represented in the 

referendum favor continuance of their 

program. In evaluating the merits of 

continuance versus termination, USDA 

will not exclusively consider the results 

of the continuance referendum. USDA 

will also consider all other relevant 

information regarding operation of the 

order and relative benefits and 

disadvantages to growers, handlers, and 

consumers to determine whether 

continuing the order would tend to 

effectuate the declared policy of the Act. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35), the ballot materials used in 

the referendum herein ordered have 

been submitted to and approved by the 

Office of Management and Budget 

(OMB) and have been assigned OMB 

No. 0581–0189. It has been estimated 

that it will take an average of 20 minutes 

for each of the approximately 1700 

Oregon-Washington pear growers to cast 

a ballot. Participation is voluntary. 

Ballots postmarked after March 11, 

2011, will not be included in the vote 

tabulation. 

Teresa Hutchinson and Gary D. Olson 

of the Northwest Marketing Field Office, 

Fruit and Vegetable Programs, AMS, 

USDA, are hereby designated as the 

referendum agents of the Secretary of 

Agriculture to conduct this referendum. 

The procedure applicable to the 

referendum shall be the ‘‘Procedure for 

the Conduct of Referenda in Connection 

With Marketing Orders for Fruits, 

Vegetables, and Nuts Pursuant to the 

Agricultural Marketing Agreement Act 

of 1937, as Amended’’ (7 CFR 

§§ 900.400–900.407). 

Ballots will be mailed to all growers 

of record and may also be obtained from 

the referendum agents or from their 

appointees. 

List of Subjects in 7 CFR Part 927 

Marketing agreements and orders, 

Pears, Reporting and recordkeeping 

requirements. 

Authority: 7 U.S.C. 601–674. 

Dated: February 10, 2011. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–3501 Filed 2–15–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM445 Special Conditions No. 

25–11–04–SC] 

Special Conditions: Gulfstream Model 

GVI Airplane; Automatic Speed 

Protection for Design Dive Speed 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Gulfstream GVI 

airplane. This airplane will have novel 

or unusual design features when 

compared to the state of technology 

envisioned in the airworthiness 

standards for transport category 

airplanes. These design features include 

a high speed protection system. These 

proposed special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: We must receive your comments 

by April 4, 2011. 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
8918 Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attn: Rules Docket (ANM– 

113), Docket No. NM445, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM445. You can inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: Carl 

Niedermeyer, FAA, Airframe/Cabin 

Safety Branch, ANM–115, Transport 

Standards Staff, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–2279; facsimile 

(425) 227–1320. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

You can inspect the docket before and 

after the comment closing date. If you 

wish to review the docket in person, go 

to the address in the ADDRESSES section 

of this preamble between 7:30 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want us to acknowledge receipt 

of your comments on this proposal, 

include with your comments a selfaddressed, stamped postcard on which 

you have written the docket number. 

We will stamp the date on the postcard 

and mail it back to you. 

Background 

On March 29, 2005, Gulfstream 

Aerospace Corporation (hereafter 

referred to as ‘‘Gulfstream’’) applied for 

an FAA type certificate for its new 

Gulfstream Model GVI passenger 

airplane. Gulfstream later applied for, 

and was granted, an extension of time 

for the type certificate, which changed 

the effective application date to 

September 28, 2006. The Gulfstream 

Model GVI airplane will be an all-new, 

two-engine jet transport airplane with 

an executive cabin interior. The 

maximum takeoff weight will be 99,600 

pounds, with a maximum passenger 

count of 19 passengers. 

Type Certification Basis 

Under provisions of Title 14, Code of 

Federal Regulations (14 CFR) 21.17, 

Gulfstream must show that the 

Gulfstream Model GVI airplane 

(hereafter referred to as ‘‘the GVI’’) meets 

the applicable provisions of 

14 CFR part 25, as amended by 

Amendments 25–1 through 25–119, 25– 

122, and 25–124. If the Administrator 

finds that the applicable airworthiness 

regulations (i.e., 14 CFR part 25) do not 

contain adequate or appropriate safety 

standards for the GVI because of a novel 

or unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to complying with the 

applicable airworthiness regulations 

and special conditions, the GVI must 

comply with the fuel vent and exhaust 

emission requirements of 14 CFR part 

34 and the noise certification 

requirements of 14 CFR part 36. The 

FAA must also issue a finding of 

regulatory adequacy pursuant to section 

611 of Public Law 92–574, the ‘‘Noise 

Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type certification basis under 

§ 21.17(a)(2). 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same novel or unusual 

design features, the special conditions 

would also apply to the other model 

under provisions of § 21.101. 

Novel or Unusual Design Features 

The GVI is equipped with a high 

speed protection system that limits nose 

down pilot authority at speeds above 

VC/MC, and prevents the airplane from 

actually performing the maneuver 

required under § 25.335(b)(1). The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for this design feature. 

These proposed special conditions 

address this design feature. These 

proposed special conditions are 

identical or nearly identical to those 

previously required for type 

certification of other airplane models. 

Discussion of Proposed Special 

Conditions 

Gulfstream proposes to reduce the 

speed margin between VC and VD

required by § 25.335(b), based on the 

incorporation of a high speed protection 

system in the GVI flight control laws. 

The GVI is equipped with a high speed 

protection system that limits nose down 

pilot authority at speeds above VC/MC

and prevents the airplane from actually 

performing the maneuver required 

under § 25.335(b)(1). 

Section 25.335(b)(1) is an analytical 

envelope condition which was 

originally adopted in Part 4b of the civil 

air regulations to provide an acceptable 

speed margin between design cruise 

speed and design dive speed. Freedom 

from flutter and the airframe design 

loads are affected by the design dive 

speed. While the initial condition for 

the upset specified in the rule is 1g level 

flight, protection is afforded for other 

inadvertent overspeed conditions as 

well. Section 25.335(b)(1) is intended as 

a conservative enveloping condition for 

all potential overspeed conditions, 

including non-symmetric ones. 

To establish that all potential 

overspeed conditions are enveloped, the 

applicant would demonstrate that the 

dive speed will not be exceeded during 

pilot-induced or gust-induced upsets in 

non-symmetric attitudes. 

In addition, the high speed protection 

system in the GVI must have a high 

level of reliability. 

Applicability 

As discussed above, these proposed 

special conditions are applicable to the 

GVI. Should Gulfstream apply at a later 

date for a change to the type certificate 

to include another model incorporating 

the same novel or unusual design 

features, these proposed special 

conditions would apply to that model as 

well. 

Conclusion 

This action affects only certain novel 

or unusual design features of the GVI. It 

is not a rule of general applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 8919 

following special conditions as part of 

the type certification basis for the GVI 

airplanes. 

1. In lieu of compliance with 

§ 25.335(b)(1), if the flight control 

system includes functions that act 

automatically to initiate recovery before 

the end of the 20 second period 

specified in § 25.335(b)(1), VD/MD must 

be determined from the greater of the 

speeds resulting from conditions (a) and 

(b) below. The speed increase occurring 

in these maneuvers may be calculated if 

reliable or conservative aerodynamic 

data are used. 

(a) From an initial condition of 

stabilized flight at VC/MC, the airplane 

is upset so as to take up a new flight 

path 7.5 degrees below the initial path. 

Control application, up to full authority, 

is made to try to maintain this new 

flight path. Twenty seconds after 

initiating the upset, manual recovery is 

made at a load factor of 1.5 g (0.5 

acceleration increment), or a greater 

load factor that is automatically applied 

by the system with the pilot’s pitch 

control neutral. Power, as specified in 

§ 25.175(b)(1)(iv), is assumed until 

recovery is initiated, at which time 

power reduction and the use of pilot 

controlled drag devices may be used. 

(b) From a speed below VC/MC, with 

power to maintain stabilized level flight 

at this speed, the airplane is upset so as 

to accelerate through VC/MC at a flight 

path 15 degrees below the initial path 

(or at the steepest nose down attitude 

that the system will permit with full 

control authority if less than 15 

degrees). The pilot’s controls may be in 

the neutral position after reaching 

VC/MC and before recovery is initiated. 

Recovery may be initiated three seconds 

after operation of high speed warning 

system by application of a load factor of 

1.5g (0.5 acceleration increment), or 

such greater load factor that is 

automatically applied by the system 

with the pilot’s pitch control neutral. 

Power may be reduced simultaneously. 

All other means of decelerating the 

airplane, the use of which are 

authorized up to the highest speed 

reached in the maneuver, may be used. 

The interval between successive pilot 

actions must not be less than one 

second. 

2. The applicant must also 

demonstrate that the speed margin, 

established as above, will not be 

exceeded in inadvertent or gust induced 

upsets resulting in initiation of the dive 

from non-symmetric attitudes, unless 

the airplane is protected by the flight 

control laws from getting into nonsymmetric upset conditions. The upset 

maneuvers described in Advisory 

Circular 25–7A, Change 1, section 32, 

paragraphs c.(3)(i) and (iii) may be used 

to comply with this requirement. 

3. Any failure of the high speed 

protection system that would affect the 

speed margin determined by paragraphs 

1. and 2. must be improbable (occur at 

a rate less than 10-5 per flight hour). 

4. Failures of the system must be 

annunciated to the pilots, and flight 

manual instructions must be provided 

to reduce the maximum operating 

speeds, VMO/MMO. The operating speed 

must be reduced to a value that 

maintains a speed margin between 

VMO/MMO and VD/MD that is consistent 

with showing compliance with 

§ 25.335(b) without the benefit of the 

high speed protection system. 

5. Master minimum equipment list 

(MMEL) relief for the high speed 

protection system may be considered by 

the FAA Flight Operations Evaluation 

Board (FOEB) provided that the flight 

manual instructions indicate reduced 

maximum operating speeds as described 

in paragraph 4., and that no additional 

hazards are introduced with the high 

speed protection system inoperative. In 

addition, the cockpit display of the 

reduced operating speeds, as well as the 

overspeed warning for exceeding those 

speeds, must be equivalent to that of the 

normal airplane with the high speed 

protection system operative. 

Issued in Renton, Washington, on February 

3, 2011. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–3412 Filed 2–15–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0042; Directorate 

Identifier 2010–NM–267–AD] 

RIN 2120–AA64 

Airworthiness Directives; DASSAULT 

AVIATION Model MYSTERE-FALCON 

50 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 that would 

supersede an existing AD. 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: 

On two occurrences on Myste`re-Falcon 50 

aeroplanes in service, it was detected that 

two pipes of the emergency brake system #2 

located near the nose landing gear bearing 

were swapped. 

The swapping of these two pipes implies 

that when the Left Hand (LH) brake pedal is 

depressed, the Right Hand (RH) brake unit is 

activated, and conversely, when the RH brake 

pedal is depressed, the LH brake unit is 

actuated. This constitutes an unsafe 

condition, which may go unnoticed as the 

condition is latent until the emergency brake 

system #2 is used. This condition, if not 

corrected, could ultimately lead to a runway 

excursion of the aeroplane. 

* * * * * 

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 April 4, 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 W12–40, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

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

Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Dassault 

Falcon Jet, P.O. Box 2000, South 

Hackensack, New Jersey 07606; 

telephone 201–440–6700; Internet 

http://www.dassaultfalcon.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 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 


erowe on DSK5CLS3C1PROD with PROPOSALS-1