Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Proposed Rules 45713 

3. In § 530.306— 

a. Remove ‘‘and’’ at the end of 

paragraph (a)(8); 

b. Remove the period at the end of 

paragraph (a)(9) and add ‘‘; or’’ in its 

place; and 

c. Add a new paragraph (a)(10) to read 

as follows: 

§ 530.306 Evaluating agency requests for 

new or increased special rates. 

(a) * * * 

(10) The level of any locality pay 

authorized under 5 U.S.C. 5304 and any 

nonforeign area cost-of-living allowance 

authorized under 5 U.S.C. 5941(a)(1) for 

the area involved. 

* * * * * 

4. In § 530.308— 

a. Revise paragraph (a); 

b. Remove paragraph (b); and 

c. Redesignate paragraphs (c) and (d) 

as (b) and (c), respectively. 

The revision reads as follows: 

§ 530.308 Treatment of special rate as 

basic pay. 

* * * * * 

(a) The purposes for which a locality 

rate is considered to be a rate of basic 

pay in computing other payments or 

benefits to the extent provided by 5 CFR 

531.610, except as otherwise provided 

in paragraphs (b) and (c) of this section; 

* * * * * 

PART 531—PAY UNDER THE 

GENERAL SCHEDULE 

5. Revise the authority citation for 

part 531 to read as follows: 

Authority: 5 U.S.C. 5115, 5307, and 5338; 

sec. 4 of Public Law 103–89, 107 Stat. 981; 

and E.O. 12748, 56 FR 4521, 3 CFR, 1991 

Comp., p. 316; Subpart B also issued under 

5 U.S.C. 5303(g), 5305, 5333, 5334(a) and (b), 

and 7701(b)(2); Subpart D also issued under 

5 U.S.C. 5335 and 7701(b)(2); Subpart E also 

issued under 5 U.S.C. 5336; Subpart F also 

issued under 5 U.S.C. 5304, 5305, and 

5941(a); E.O. 12883, 58 FR 63281, 3 CFR, 

1993 Comp., p. 682; and E.O. 13106, 63 FR 

68151, 3 CFR, 1998 Comp., p. 224. 

Subpart F—Locality-Based 

Comparability Payment 

6. In § 531.610, revise paragraph (g) to 

read as follows: 

§ 531.610 Treatment of locality rate as 

basic pay. 

* * * * * 

(g) Nonforeign area cost-of-living 

allowances and post differentials under 

5 U.S.C. 5941 and 5 CFR part 591, 

subpart B; 

* * * * * 

PART 536—GRADE AND PAY 

RETENTION 

7. Revise the authority citation for 

part 536 to read as follows: 

Authority: 5 U.S.C. 5361–5366; sec. 4 of 

the Performance Management and 

Recognition System Termination Act of 1993 

(Pub. L. 103–89), 107 Stat. 981; § 536.301(b) 

also issued under 5 U.S.C. 5334(b); § 536.308 

also issued under sec. 301(d)(2) of the 

Federal Workforce Flexibility Act of 2004 

(Pub. L. 108–411), 118 Stat. 2305; § 536.310 

also issued under sections 1913 and 1918 of 

the Non-Foreign Area Retirement Equity 

Assurance Act of 2009 (subtitle B of title XIX 

of Pub. L. 111–84), 123 Stat. 2619; § 536.405 

also issued under 5 U.S.C. 552, Freedom of 

Information Act, Public Law 92–502. 

Subpart C—Pay Retention 

8. Add a new § 536.310 to read as 

follows: 

§ 536.310 Exceptions for certain 

employees in nonforeign areas. 

(a) Notwithstanding §§ 536.304(b)(3) 

and 536.306(a), an employee may 

receive a retained rate higher than 

Executive Schedule level IV if such 

employee is receiving a special rate in 

excess of Executive Schedule level IV 

on January 1, 2012, that is converted to 

a retained rate, consistent with section 

1913 of the Non-Foreign Retirement 

Equity Assurance Act of 2009 (subtitle 

B of title XIX of Pub. L. 111–84). This 

paragraph ceases to apply when the 

retained rate becomes equal to or falls 

below Executive Schedule level IV or 

when the employee ceases to be entitled 

to pay retention under § 536.308. 

(b) Notwithstanding 5 U.S.C. 5361(1) 

and § 536.102(b)(2), an employee who is 

employed on a temporary or term basis 

is not barred from receiving a retained 

rate if such employee— 

(1) Is receiving a special rate above 

Executive Schedule level IV on January 

1, 2012, and is covered by paragraph (a) 

of this section; or 

(2) Is receiving a special rate 

incorporating an additional adjustment 

under section 1915(b)(1) of the NonForeign Retirement Equity Assurance 

Act (subtitle B of title XIX of Pub. L. 

111–84) at the time the employee’s 

special rate schedule is reduced or 

terminated. 

[FR Doc. 2011–19361 Filed 7–29–11; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0720; Directorate 

Identifier 2010–NM–252–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Inc. Model DHC–8–400 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. 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: 

There has been one reported incident 

where the main landing gear (MLG) failed to 

extend during testing of the MLG alternate 

release system. Investigation revealed that 

the door release lever bushing was worn, 

causing an increase in the lateral movement 

of the release cable system. An increase in 

free-play within the release cable system 

would cause additional wear to the door 

release lever bushing and may lead to the 

turnbuckle fouling against the nacelle frame. 

The bushing wear at the door release lever 

and turnbuckle fouling could cause a failure 

in the alternate release system, preventing 

the landing gear from extending in the case 

of a failure of the normal MLG extension/ 

retraction system. 

* * * * * 

The unsafe condition is loss of control 

during landing. 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 September 15, 

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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
45714 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Proposed Rules 

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 

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: 

Fabio Buttitta, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7303; 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–2011–0720; Directorate Identifier 

2010–NM–252–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 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2010–26, 

dated August 17, 2010 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

There has been one reported incident 

where the main landing gear (MLG) failed to 

extend during testing of the MLG alternate 

release system. Investigation revealed that 

the door release lever bushing was worn, 

causing an increase in the lateral movement 

of the release cable system. An increase in 

free-play within the release cable system 

would cause additional wear to the door 

release lever bushing and may lead to the 

turnbuckle fouling against the nacelle frame. 

The bushing wear at the door release lever 

and turnbuckle fouling could cause a failure 

in the alternate release system, preventing 

the landing gear from extending in the case 

of a failure of the normal MLG extension/ 

retraction system. 

This directive is to mandate the 

incorporation of a new maintenance task to 

prevent excessive free-play of the turnbuckle 

and cable within the alternate release system. 

The unsafe condition is loss of control 

during landing. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Bombardier has issued Temporary 

Revision (TR) MRB–46, dated February 

4, 2010, to Section 1–32, Systems/ 

Powerplant Maintenance Program, of 

the Maintenance Review Board (MRB) 

Report Part 1, of the Bombardier Q400 

Dash 8 Maintenance Requirements 

Manual, PSM 1–84–7. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

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 65 products of U.S. registry. 

We also estimate that it would take 

about 1 work-hour per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$5,525, or $85 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; 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Proposed Rules 45715 

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 adding 

the following new AD: 

Bombardier Inc.: Docket No. FAA–2011– 

0720; Directorate Identifier 2010–NM– 

252–AD. 

Comments Due Date 

(a) We must receive comments by 

September 15, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier Inc. 

Model DHC–8–400, –401, and –402 

airplanes, certificated in any category, having 

serial numbers 4001 and subsequent. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing Gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

There has been one reported incident 

where the main landing gear (MLG) failed to 

extend during testing of the MLG alternate 

release system. Investigation revealed that 

the door release lever bushing was worn, 

causing an increase in the lateral movement 

of the release cable system. An increase in 

free-play within the release cable system 

would cause additional wear to the door 

release lever bushing and may lead to the 

turnbuckle fouling against the nacelle frame. 

The bushing wear at the door release lever 

and turnbuckle fouling could cause a failure 

in the alternate release system, preventing 

the landing gear from extending in the case 

of a failure of the normal MLG extension/ 

retraction system. 

* * * * * 

The unsafe condition is loss of control during 

landing. 

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. 

Actions 

(g) Within 30 days after the effective date 

of this AD, revise the maintenance program 

by incorporating Task 323400–203 specified 

in Bombardier Temporary Revision (TR) 

MRB–46, dated February 4, 2010, to Section 

1–32, Systems/Powerplant Maintenance 

Program, of the Maintenance Review Board 

(MRB) Report Part 1, of the Bombardier Q400 

Dash 8 Maintenance Requirements Manual, 

PSM 1–84–7. The initial compliance time for 

the actions specified in Bombardier TR 

MRB–46, dated February 4, 2010, is within 

6,000 flight hours after the effective date of 

this AD. Thereafter, operate the airplane 

according to the procedures and compliance 

times in Bombardier TR MRB–46, dated 

February 4, 2010. 

No Alternative Actions, Intervals, and/or 

Critical Design Configuration Control 

Limitations (CDCCLs) 

(h) After accomplishing the revision 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections), 

intervals, and/or CDCCLs may be used unless 

the actions, intervals, and/or CDCCLs are 

approved as an alternative method of 

compliance (AMOC) in accordance with the 

procedures specified in paragraph (i) of this 

AD. 

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, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 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–2010–26, dated August 17, 

2010; and Bombardier Temporary Revision 

MRB–46, dated February 4, 2010, to Section 

1–32, Systems/Powerplant Maintenance 

Program, of the Maintenance Review Board 

Report Part 1, of the Bombardier Q400 Dash 

8 Maintenance Requirements Manual, PSM 

1–84–7; for related information. 

Issued in Renton, Washington, on July 22, 

2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–19330 Filed 7–29–11; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

[RIN 3084–AB03] 

Appliance Labeling Rule 

AGENCY: Federal Trade Commission 

(FTC or Commission). 

ACTION: Proposed rule. 

SUMMARY: The Commission proposes to 

expand coverage of the Lighting Facts 

label to include all screw-based and 

GU–10 and GU–24 pin-based light 

bulbs. Under this proposal, 

manufacturers would have 21⁄2 years to 

conform their products and packaging to 

the labeling requirements. The 

Commission also proposes to require a 

specific test procedure (LM–79) for 

measuring light output for all light 

emitting diode (LED) bulbs covered by 

the Rule. Finally, the Commission is not 

proposing amendments for several other 

issues such as watt-equivalent 

standards, directional light disclosures, 

and lead content disclosures. 

DATES: Written comments must be 

received on or before September 22, 

2011. 

ADDRESSES: Interested parties may file a 

comment online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Notice of Proposed 

Rulemaking on Expanded Bulb 

Coverage for the Lighting Facts Label 

(16 CFR part 305) (Project No. 

P084206)’’ on your comment, and file 

your comment online at https:// 

ftcpublic.commentworks.com/ftc/ 

lampcoveragenprm, by following the 


emcdonald on DSK2BSOYB1PROD with PROPOSALS