55296 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Proposed Rules 

include any other model that 

incorporates the same novel or unusual 

design feature, or should any other 

model already included on the same 

type certificate be modified to 

incorporate the same novel or unusual 

design feature, the special conditions 

would also apply to the other model 

under the provisions of § 21.101(a)(1). 

Novel or Unusual Design Features 

The model DA–40NG will incorporate 

the following novel or unusual design 

features: 

Electronic engine control system. 

Applicability 

As discussed above, these special 

conditions are applicable to the model 

DA–40NG. Should DAI apply at a later 

date for a change to the type certificate 

to include another model incorporating 

the same novel or unusual design 

feature, the special conditions would 

apply to that model. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplane. It is not a rule of general 

applicability, and it affects only the 

applicant who applied to the FAA for 

approval of these features on the 

airplane. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

Citation 

The authority citation for these 

special conditions is as follows: 

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

44701; 14 CFR 21.16 and 21.17; and 14 CFR 

11.38 and 11.19. 

The Proposed Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the FAA proposes the 

following special conditions as part of 

the type certification basis for Diamond 

Aircraft Industry GmbH model DA– 

40NG with the installation of the Austro 

Engine GmbH model E4 aircraft diesel 

engine. 

1. Electronic Engine Control 

a. For electronic engine control 

system installations, it must be 

established that no single failure or 

malfunction or probable combinations 

of failures of Electronic Engine Control 

(EEC) system components will have an 

effect on the system, as installed in the 

airplane, that causes the loss-of-thrustcontrol (LOTC), or loss-of-power-control 

(LOPC) probability of the system to 

exceed those allowed in part 33 

certification. 

b. Electronic engine control system 

installations must be evaluated for 

environmental and atmospheric 

conditions, including lightning. The 

EEC system lightning and High-Intensity 

Radiated Fields (HIRF) effects that result 

in LOTC/LOPC should be considered 

catastrophic. 

c. The components of the installation 

must be constructed, arranged, and 

installed so as to ensure their continued 

safe operation between normal 

inspections or overhauls. 

d. Functions incorporated into any 

electronic engine control that make it 

part of any equipment, systems or 

installation whose functions are beyond 

that of basic engine control, and which 

may also introduce system failures and 

malfunctions, are not exempt from 

§ 23.1309 and must be shown to meet 

part 23 levels of safety as derived from 

§ 23.1309. Part 33 certification data, if 

applicable, may be used to show 

compliance with any part 23 

requirements. If part 33 data is to be 

used to substantiate compliance with 

part 23 requirements, then the part 23 

applicant must be able to provide this 

data for their showing of compliance. 

Note: The term ‘‘probable’’ in the context 

of ‘‘probable combination of failures’’ does 

not have the same meaning as in AC 

23.1309–1D. The term ‘‘probable’’ in 

‘‘probable combination of failures’’ means 

‘‘foreseeable,’’ or (in AC 23.1309–1D terms), 

‘‘not extremely improbable.’’ 

Issued in Kansas City, Missouri, on August 

31, 2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–22890 Filed 9–6–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0916; Directorate 

Identifier 2011–NM–127–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model DHC–8–300 Series 

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: 

Several cases of aileron terminal quadrant 

support brackets that were manufactured 

using sheet metal have been found cracked 

on DHC–8 Series 300 aircraft. Investigation 

revealed that the failure of the support 

bracket was due to fatigue. Failure of the 

aileron terminal quadrant support bracket 

could result in an adverse reduction of 

aircraft roll control. 

* * * * * 

These conditions could result in loss of 

control of the airplane. 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 October 24, 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 Bombardier, 

Inc., Q–Series Technical Help Desk, 123 

Garratt Boulevard, Toronto, Ontario 

M3K 1Y5, Canada; telephone 416–375– 

4000; fax 416–375–4539; e-mail 

thd.qseries@aero.bombardier.com; 

Internet http://www.bombardier.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 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Proposed Rules 55297 

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: Aziz 

Ahmed, Aerospace Engineer, Airframe 

and Mechanical Systems Branch, ANE– 

171, FAA, New York Aircraft 

Certification Office (ACO), 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7329; fax 

(516) 794–5531. 

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–2011–0916; Directorate Identifier 

2011–NM–127–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 based on 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 we receive 

about this proposed AD. 

Discussion 

On December 16, 2010, we issued AD 

2010–26–13, Amendment 39–16553 (75 

FR 81420, December 28, 2010). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2010–26–13, we 

have determined there is a 

typographical error in paragraph (g)(2) 

of AD 2010–26–13. Paragraph (g)(2) of 

AD 2010–26–13 requires installing a 

new aileron input quadrant support 

bracket ‘‘before the accumulation of 

33,000 total flight cycles or within 6,000 

flight hours after the effective date of 

this AD, whichever occurs first.’’ The 

compliance time of ‘‘33,000 total flight 

cycles,’’ should have been ‘‘33,000 total 

flight hours.’’ We have revised 

paragraph (g)(2) of this proposed AD to 

include the 33,000 total flight hours 

compliance time. 

FAA’s Determination and Requirements 

of This 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 the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This 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 

Based on the service information, we 

estimate that this proposed AD would 

affect about 13 products of U.S. registry. 

The actions that are required by AD 

2010–26–13 and retained in this 

proposed AD take about 72 work-hours 

per product, at an average labor rate of 

$85 per work hour. Required parts cost 

about $1,080 per product. Where the 

service information lists required parts 

costs that are covered under warranty, 

we have assumed that there will be no 

charge for these parts. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. Based on 

these figures, the estimated cost of the 

currently required actions is $93,600, or 

$7,200 per product. 

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. 

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 

removing Amendment 39–16553 (75 FR 

81420, December 28, 2010) and adding 

the following new AD: 

Bombardier, Inc.: Docket No. FAA–2011– 

0916; Directorate Identifier 2011–NM– 

127–AD. 

Comments Due Date 

(a) We must receive comments by October 

24, 2011. 

Affected ADs 

(b) This AD supersedes AD 2010–26–13, 

Amendment 39–16553 (75 FR 81420, 

December 28, 2010). 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

55298 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Proposed Rules 

Applicability 

(c) This AD applies to Bombardier, Inc. 

Model DHC–8–301, –311, and –315 

airplanes, certificated in any category; having 

serial numbers 100 through 530 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Several cases of aileron terminal quadrant 

support brackets that were manufactured 

using sheet metal have been found cracked 

on DHC–8 Series 300 aircraft. Investigation 

revealed that the failure of the support 

bracket was due to fatigue. Failure of the 

aileron terminal quadrant support bracket 

could result in an adverse reduction of 

aircraft roll control. 

* * * * * 

These conditions could result in loss of 

control of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Restatement of Requirements of AD 2010– 

26–13, With Reduced Compliance Time and 

No New Service Information 

Actions 

(g) For airplanes with an aileron terminal 

quadrant support bracket having part number 

(P/N) 85711569: At the applicable times 

specified in paragraph (g)(1) or (g)(2) of this 

AD, install a new aileron input quadrant 

support bracket by incorporating MODSUM 

8Q101250, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 8–57–43, Revision B, dated 

October 7, 2009. 

(1) For airplanes that have accumulated 

30,000 total flight hours or more as of 

February 1, 2011 (the effective date of AD 

2010–26–13): Within 3,000 flight hours after 

February 1, 2011. 

(2) For airplanes that have accumulated 

less than 30,000 total flight hours as of 

February 1, 2011: At the earlier of the times 

of paragraphs (g)(2)(i) and (g)(2)(ii). 

(i) Before the accumulation of 33,000 total 

flight cycles or within 6,000 flight hours after 

February 1, 2011, whichever occurs first. 

(ii) Before the accumulation of 33,000 total 

flight hours or within 6,000 flight hours after 

the effective date of this AD, whichever 

occurs first. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(h) Doing the installation by incorporating 

MODSUM 8Q101250 is also acceptable for 

compliance with the requirements of 

paragraph (g) of this AD if done before 

February 1, 2011, in accordance with 

Bombardier Service Bulletin 8–57–43, dated 

August 9, 2002; or Bombardier Service 

Bulletin 8–57–43, Revision A, dated January 

17, 2003. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(i) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the New York ACO, send it to 

ATTN: Program Manager, Continuing 

Operational Safety, FAA, New York ACO, 

1600 Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone 516–228–7300; 

fax 516–794–5531. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. The AMOC approval letter 

must specifically reference this AD. 

(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. 

Related Information 

(j) Refer to MCAI Canadian Airworthiness 

Directive CF–2009–45, dated December 11, 

2009; and Bombardier Service Bulletin 8–57– 

43, Revision B, dated October 7, 2009; for 

related information. 

Issued in Renton, Washington, on August 

29, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–22710 Filed 9–6–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0578; Airspace 

Docket No. 11–ASO–24] 

Proposed Establishment of Class D 

and E Airspace and Amendment of 

Class E; Brooksville, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class D and E airspace and 

amend existing Class E airspace at 

Brooksville, FL. to accommodate a new 

air traffic control tower at Hernando 

County Airport. Controlled airspace is 

necessary for the support of air traffic 

operations at Hernando County Airport 

and would enhance the safety and 

airspace management at the airport. 

This action also would make a minor 

adjustment to the geographic 

coordinates of the airport. 

DATES: 0901 UTC. Comments must be 

received on or before October 24, 2011. 

The Director of the Federal Register 

approves this incorporation by reference 

action under title 1, Code of Federal 

Regulations, part 51, subject to the 

annual revision of FAA, Order 7400.9 

and publication of conforming 

amendments. 

ADDRESSES: Send comments on this rule 

to: U. S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001; Telephone: 1–800– 

647–5527; Fax: 202–493–2251. You 

must identify the Docket Number FAA– 

2011–0578; Airspace Docket No. 11– 

ASO–24, at the beginning of your 

comments. You may also submit and 

review received comments through the 

Internet at 

http://www.regulations.gov. 

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal Holidays. 

An informal docket may also be 

examined during normal business hours 

at the office of the Eastern Service 

Center, Federal Aviation 

Administration, Room 350, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Airspace Specialist, Operations 

Support Group, Eastern Service Center, 

Air Traffic Organization, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–6364. 

SUPPLEMENTARY INFORMATION:

Comments Invited 

Interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments, 

as they may desire. Comments that 

provide the factual basis supporting the 

views and suggestions presented are 

particularly helpful in developing 

reasoned regulatory decisions on the 

proposal. Comments are specifically 

mstockstill on DSK4VPTVN1PROD with PROPOSALS