11940 Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations 

to which the Order overlaps, duplicates, 

or conflicts with other Federal rules, 

and, to the extent feasible, with State 

and local regulations; and (5) the length 

of time since the Order has been 

evaluated or the degree to which 

technology, economic conditions, or 

other factors have changed in the area 

affected by the Order. 

Based on its review, the Department 

has concluded that there is a continued 

need for the Order. According to the 

Council’s World Blueberry Acreage and 

Production Report, highbush blueberry 

acreage in North America increased 

from 71,075 acres in 2005 to an 

estimated 95,607 acres in 2008, a 35 

percent increase in just three years. The 

United States share of this total 

increased from 56,665 acres in 2005 to 

74,992 acres in 2008, a 32 percent 

increase. Highbush blueberry 

production volume is expected to 

increase significantly in the coming 

years. 

Regarding the nature of complaints or 

comments received from the public 

concerning the Order, as previously 

mentioned twenty comments were 

received. They are discussed in the 

following paragraphs. One commenter 

opposed the program stating that 

government funds should not be used to 

market blueberries. However, the 

blueberry program is funded by 

producers and importers of blueberries. 

The program is developed by the 

industry to expand the markets for 

blueberries in the United States. 

Nineteen commenters supported the 

program and considered it to be 

effective in promoting blueberries. All 

the commenters stated that the program 

is needed to increase blueberry 

consumption due to increase blueberry 

production. 

One commenter stated that investing 

in promotion now to build a future is 

necessary even in poor economic 

conditions. Twelve commenters in favor 

of the program stated that further 

research of blueberries is needed to stay 

competitive in a global industry. Six 

commenters stated the program is 

needed to develop health claims for 

blueberries. 

One commenter who supports the 

program stated that the ability for 

growers from different production areas 

to work together in an effort to increase 

consumption through product research 

and marketing programs has proven 

effective for many other crops. 

Ten commenters stated that the 

assessment dollars are collected fairly 

from all U.S. production and imports 

and the Council utilizes the funds in a 

cost effective manner. 

AMS provides Federal oversight of 

the blueberry program. The Order is not 

unduly complex, and AMS has not 

identified any Federal rules, or State 

and local regulations that duplicate, 

overlap, or conflict with the Order. Over 

the years, regulatory changes have been 

made to address industry operation 

changes and to improve program 

administration. 

Regarding evaluations of the program 

or the degree to which technology, 

economic conditions, or other factors 

have changed in the area affected by the 

Order, section 512 (a)(6) of the Act and 

section 1218.55 of the Order require the 

Council to evaluate the program and to 

comply with the independent 

evaluation provision of the Federal 

Agricultural Improvement and Reform 

Act of 1996 (FAIR) [7 U.S.C. 7201]. The 

goal of these evaluations is to assure 

that the Order and the regulations 

implemented under it fit the needs of 

the industry and are consistent with the 

Act. The Council conducted an 

evaluation of the program under the 

FAIR in 2006. This evaluation, ‘‘An 

Economic Analysis of Domestic Market 

Impacts of the U.S. Highbush Blueberry 

Council,’’ concluded that the 

promotional spending by the Council 

clearly had a positive effect on demand. 

The next evaluation is scheduled to be 

conducted late in 2011. 

Based upon its review, AMS has 

determined that the Order should be 

continued. AMS plans to continue 

working with the blueberry industry in 

maintaining an effective program. 

Dated: February 25, 2011. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–4808 Filed 3–3–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0141; Directorate 

Identifier 2011–NE–06–AD; Amendment 39– 

16617; AD 2011–05–08] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

Model Arriel 1E2, 1S, and 1S1 

Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This action supersedes 

emergency airworthiness directive (AD) 

2011–05–51 that was sent previously to 

all known U.S. owners and operators of 

the products listed above. That AD 

requires inspecting the fuel ejector in 

the body of the fuel ejector assembly for 

proper installation by checking that the 

circlip is properly seated in its groove. 

That AD was prompted by three reports 

of incorrectly assembled low-pressure 

fuel system ejectors; with one of them 

resulting in an uncommanded engine 

in-flight shutdown. This AD requires 

the same actions and compliance times 

as the emergency AD, after receipt of the 

emergency AD, and expands the AD 

applicability by including helicopters 

having one or two affected engines and 

experiencing no starting difficulties. 

This 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: 

In October 2009, Turbomeca issued SB 

[Service Bulletin] No. 292 73 0826, Version 

A that instructed operators to check the 

effectiveness of the bonding of the ejector jet 

installed on the low-pressure fuel system 

between the tank and the high-pressure fuel 

pump. 

So far, Turbomeca have been informed of 

three discrepancies with the reassembly of 

the ejector following a maintenance 

procedure performed during accomplishment 

of Turbomeca SB No. 292 73 0826, Version 

A. 

In all three cases, the discrepancies led to 

a ‘‘one-off’’ abnormal evolution of gas 

generator (NG) rating during engine starting. 

In one of these cases, this resulted in an 

uncommanded in-flight shutdown, during a 

cruising phase at 8,000 feet. 

We are issuing this AD to prevent 

uncommanded engine in-flight 

shutdown of one or both engines in a 

two-engine helicopter and an emergency 

autorotation landing or accident. 

DATES: This AD becomes effective 

March 9, 2011. 

We must receive comments on this 

AD by April 4, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of Turbomeca Mandatory Service 

Bulletin (MSB) No. A292 73 0834, 

Version B, dated February 8, 2011, 

listed in the AD as of March 9, 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: U.S. Department of 

Transportation, 1200 New Jersey 


jdjones on DSK8KYBLC1PROD with RULES2
Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations 11941 

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 AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(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: Rose 

Len, Aerospace Engineer, Engine 

Certification Office, FAA, 12 New 

England Executive Park, Burlington, MA 

01803; phone: (781) 238–7772; fax: (781) 

238–7199; e-mail: rose.len@faa.gov. 

SUPPLEMENTARY INFORMATION: 

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 EASA AD No. 

2011–0023–E, dated February 9, 2011 

(corrected on February 10, 2011) 

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

correct an unsafe condition for the 

specified products. The MCAI states: 

In October 2009, Turbomeca issued SB 

[Service Bulletin] No. 292 73 0826, Version 

A that instructed operators to check the 

effectiveness of the bonding of the ejector jet 

installed on the low-pressure fuel system 

between the tank and the high-pressure fuel 

pump. 

So far, Turbomeca have been informed of 

three discrepancies with the reassembly of 

the ejector following a maintenance 

procedure performed during accomplishment 

of Turbomeca SB No. 292 73 0826, Version 

A. 

In all three cases, the discrepancies led to 

a ‘‘one-off’’ abnormal evolution of gas 

generator (NG) rating during engine starting. 

In one of these cases, this resulted in an 

uncommanded in-flight shutdown, during a 

cruising phase at 8,000 feet. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

We reviewed Turbomeca MSB No. 

A292 73 0834, Version B, dated 

February 8, 2011, and SB No. 292 73 

0826, Version B, dated February 4, 2011. 

This service information describes 

procedures for inspecting for proper 

ejector installation. 

FAA’s Determination and Requirements 

of This AD 

This product has been approved by 

the aviation authority of France, and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with France, EASA has 

notified us of the unsafe condition 

described in the MCAI and service 

information referenced above. We are 

issuing 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 

AD requires inspecting the fuel ejector 

in the body of the fuel ejector assembly 

for proper installation by checking that 

the circlip is properly seated in its 

groove, for all affected engines. This AD 

requires the same actions and 

compliance times as emergency AD 

2011–05–51, after receipt of the 

emergency AD, and expands the AD 

applicability by including helicopters 

having one or two affected engines and 

experiencing no starting difficulties. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because of the high risk of 

uncommanded engine in-flight 

shutdown of one or both engines in a 

two-engine helicopter and an emergency 

autorotation landing or accident. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2011–0141; 

Directorate Identifier 2011–NE–06–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of 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 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). 

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 AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

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 AD: 

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 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. 


jdjones on DSK8KYBLC1PROD with RULES2
11942 Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 

2011–05–08 Turbomeca: Amendment 39– 

16617; Docket No. FAA–2011–0141; 

Directorate Identifier 2011–NE–06–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective March 9, 2011. 

Affected ADs 

(b) This AD supersedes emergency AD 

2011–05–51, issued on February 15, 2011. 

Applicability 

(c) This AD applies to Turbomeca Arriel 

1E2, 1S, and 1S1 turboshaft engines that have 

incorporated Turbomeca Service Bulletin 

(SB) No. 292 73 0826, Version A, dated 

October 13, 2009, or incorporated Turbomeca 

Internal Consign No. 298468. These engines 

are installed on, but not limited to, 

Eurocopter Deutschland MBB BK117–C2 and 

BK117–C1, and Sikorsky S–76A series and 

S–76C series, helicopters. 

Reason 

(d) This AD was prompted by three reports 

of incorrectly assembled low-pressure fuel 

system ejectors; with one of them resulting in 

an uncommanded engine in-flight shutdown. 

We are issuing this AD to prevent 

uncommanded engine in-flight shutdown of 

one or both engines in a two-engine 

helicopter and an emergency autorotation 

landing or accident. 

Actions and Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Fuel Ejector Inspection 

(f) Inspect the fuel ejector in the body of 

the fuel ejector assembly for proper 

installation by checking that the circlip is 

properly seated in its groove. Use Paragraph 

2.B of the Instructions to be Incorporated, of 

Turbomeca Mandatory Service Bulletin 

(MSB) No. A292 73 0834, Version B, dated 

February 8, 2011 to do the inspection. 

Inspect at the following compliance times: 

(1) For helicopters having at least one of 

the two affected engines experiencing 

starting difficulties, inspect within 5 flight 

hours (FH) after receipt of emergency AD 

2011–05–51 or after the effective date of this 

AD, whichever occurs first. 

(2) For helicopters having only one affected 

engine, and experiencing starting difficulties 

in that engine, inspect within 20 FH after 

receipt of emergency AD 2011–05–51 or after 

the effective date of this AD, whichever 

occurs first. 

(3) For helicopters having one or two 

affected engines and experiencing no starting 

difficulties, inspect within 100 FH after the 

effective date of this AD. 

Inspection Results 

(g) If you find a fuel ejector improperly 

installed in the body of the fuel ejector 

assembly, replace the fuel ejector assembly 

before further flight with a serviceable fuel 

ejector assembly. 

Definition 

(h) For the purpose of this AD, starting 

difficulties occur when N1 stagnation or 

variations are encountered. During starting, 

N1 rise shall be continuous and linear up to 

ground idle. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(i) Inspections and replacements done 

using Turbomeca MSB No. A292 73 0834, 

Version A, dated February 4, 2011, or 

Turbomeca SB No. 292 73 0826, Version B, 

dated February 4, 2011, before the effective 

date of this AD, satisfy the requirements of 

this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j) 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 

(k) For further information about this AD, 

contact: Rose Len, Aerospace Engineer, 

Engine Certification Office, FAA, 12 New 

England Executive Park, Burlington, MA 

01803; phone: (781) 238–7772; fax: (781) 

238–7199; e-mail: rose.len@faa.gov. 

(l) For copies of the service information 

referenced in this AD, contact: Turbomeca, 

40220 Tarnos, France; phone: 33 559 74 40 

00; fax: 33 559 74 45 15; Web site: http:// 

www.turbomeca-support.com. You may 

review copies of the referenced service 

information at the FAA, Engine & Propeller 

Directorate, 12 New England Executive Park, 

Burlington, MA 01803. 

(m) EASA AD No. 2011–0023–E, dated 

February 9, 2011 (corrected on February 10, 

2011), also pertains to this AD. 

Material Incorporated by Reference 

(n) You must use Turbomeca Mandatory 

Service Bulletin No. A292 73 0834, Version 

B, dated February 8, 2011, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Turbomeca, 40220 Tarnos, 

France; phone: 33 559 74 40 00; fax: 33 559 

74 45 15; Web site: http://www.turbomecasupport.com. 

(3) You may review copies at the FAA, 

New England Region, 12 New England 

Executive Park, Burlington, MA; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

(202) 741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

February 22, 2011. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–4832 Filed 3–3–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30770; Amdt. No. 3414] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective March 4, 

2011. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of March 4, 

2011. 

ADDRESSES: Availability of matters 

incorporated by reference in the 

amendment is as follows: 

For Examination— 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 


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