### 75442 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations

2. Visit the FAA’s Regulations and Policies Web page at http:// www.faa.gov/regulations

_ policies/or 3. Access the Government Printing Office’s Web page at http:// www.gpoaccess.gov/fr/index.html.

Copies may also be obtained by sending a request (identified by notice, amendment, or docket number of this rulemaking) to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267–9680.

B. Comments Submitted to the Docket

Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the docket number for this action. Anyone is able to search the electronic form of all comments received into any of the FAA’s dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc. ). C. Small Business Regulatory Enforcement Fairness Act

The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document, may contact its local FAA official, or the person listed under the **FOR FURTHER INFORMATION CONTACT** heading at the beginning of the preamble. To find out more about SBREFA on the Internet, visit http:// www.faa.gov/regulations

_ policies/ rulemaking/sbre

_ act/. List of Subjects in 14 CFR Part 29

Aircraft, Aviation safety.

The Amendment

In consideration of the foregoing, the Federal Aviation Administration amends chapter I of Title 14, Code of Federal Regulations as follows:

**PART 29—AIRWORTHINESS STANDARDS: TRANSPORT**  **CATEGORY ROTORCRAFT**

■ 1. The authority citation for part 29 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701– 44702, 44704

■ 2. Revise § 29.571 to read as follows:

**§ 29.571 Fatigue Tolerance Evaluation of Metallic Structure.** 

(a) A fatigue tolerance evaluation of each principal structural element (PSE) must be performed, and appropriate inspections and retirement time or approved equivalent means must be established to avoid catastrophic failure during the operational life of the rotorcraft. The fatigue tolerance evaluation must consider the effects of both fatigue and the damage determined under paragraph (e)(4) of this section. Parts to be evaluated include PSEs of the rotors, rotor drive systems between the engines and rotor hubs, controls, fuselage, fixed and movable control surfaces, engine and transmission mountings, landing gear, and their related primary attachments.

(b) For the purposes of this section, the term—

(1) Catastrophic failure means an event that could prevent continued safe flight and landing.

(2) Principal structural element (PSE) means a structural element that contributes significantly to the carriage of flight or ground loads, and the fatigue failure of that structural element could result in catastrophic failure of the aircraft.

(c) The methodology used to establish compliance with this section must be submitted to and approved by the Administrator.

(d) Considering all rotorcraft structure, structural elements, and assemblies, each PSE must be identified.

(e) Each fatigue tolerance evaluation required by this section must include:

(1) In-flight measurements to determine the fatigue loads or stresses for the PSEs identified in paragraph (d) of this section in all critical conditions throughout the range of design limitations required by § 29.309 (including altitude effects), except that maneuvering load factors need not exceed the maximum values expected in operations.

(2) The loading spectra as severe as those expected in operations based on loads or stresses determined under paragraph (e)(1) of this section, including external load operations, if applicable, and other high frequency power-cycle operations.

(3) Takeoff, landing, and taxi loads when evaluating the landing gear and other affected PSEs.

(4) For each PSE identified in paragraph (d) of this section, a threat assessment which includes a determination of the probable locations, types, and sizes of damage, taking into account fatigue, environmental effects, intrinsic and discrete flaws, or accidental damage that may occur during manufacture or operation.

(5) A determination of the fatigue tolerance characteristics for the PSE with the damage identified in paragraph (e)(4) of this section that supports the inspection and retirement times, or other approved equivalent means.

(6) Analyses supported by test evidence and, if available, service experience.

(f) A residual strength determination is required that substantiates the maximum damage size assumed in the fatigue tolerance evaluation. In determining inspection intervals based on damage growth, the residual strength evaluation must show that the remaining structure, after damage growth, is able to withstand design limit loads without failure.

(g) The effect of damage on stiffness, dynamic behavior, loads, and functional performance must be considered.

(h) Based on the requirements of this section, inspections and retirement times or approved equivalent means must be established to avoid catastrophic failure. The inspections and retirement times or approved equivalent means must be included in the Airworthiness Limitations Section of the Instructions for Continued Airworthiness required by Section 29.1529 and Section A29.4 of Appendix A of this part.

(i) If inspections for any of the damage types identified in paragraph (e)(4) of this section cannot be established within the limitations of geometry, inspectability, or good design practice, then supplemental procedures, in conjunction with the PSE retirement time, must be established to minimize the risk of occurrence of these types of damage that could result in a catastrophic failure during the operational life of the rotorcraft.

Issued in Washington, DC, on November 22, 2011. J. Randolph Babbitt,
Administrator.
[FR Doc. 2011–30941 Filed 12–1–11; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2011–1328; Directorate Identifier 2011–CE–037–AD; Amendment**  **39–16880; AD 2011–25–04]**

**RIN 2120–AA64**

**Airworthiness Directives; Quest Aircraft Design, LLC Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule; request for
comments.


### 75443 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations

**SUMMARY :**  We are adopting a new airworthiness directive (AD) for certain Quest Aircraft Design, LLC (Quest) Model Kodiak 100 airplanes. This AD requires you to inspect the torque of the inertial particle separator (IPS) bolts; correct the torque, if necessary; replace the IPS bolts with new IPS bolts within a certain time; and install safety wire around the new IPS bolts. This AD was prompted by five instances where aloose IPS bolt was found on the righthand side of the engine bypass door attachment. This condition, if not corrected, could lead to an inoperable bypass door, which could result in engine inlet icing with consequent loss of engine power and forced landing. We are issuing this AD to correct the unsafe condition on these products.

**DATES :**  This AD is effective December 19, 2011.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of December 19, 2011.

We must receive comments on this AD January 17, 2012.

**ADDRESSES :**  You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, 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 W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this AD, contact Quest Aircraft Design, LLC, 1200 Turbine Drive, Sandpoint, Idaho 83864; phone: (208) 263–1111; fax: (208) 263–1511; email: http:// questaircraft.com/quest/contact-quest/ customer-service/; Internet: http:// questaircraft.com/. You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. Examining the AD Docket

You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Management Facility 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 Office ( phone: (800) 647– 5527) is in the **ADDRESSES** section. Comments will be available in the AD docket shortly after receipt.

**FOR FURTHER INFORMATION CONTACT :**  Tung Tran, Aerospace Engineer, Seattle Aircraft Certification Office, FAA, 1601 Lind Avenue SW, Renton, Washington 98057; phone: (425) 917–6505; fax: (425) 917–6590; email: tung.tran@faa.gov.

**SUPPLEMENTARY INFORMATION :** 

Discussion

We received reports of five instances where a loose IPS bolt was found on the right-hand side of the engine bypass door attachment on Quest Model Kodiak 100 airplanes. This area attaches the bypass door to the actuating shaft. In one of the five instances, the bolt was lost. Loose or missing IPS bolts could lead to an inoperable bypass door, which could result in engine inlet icing with consequent loss of engine power and forced landing.

Relevant Service Information

We reviewed Quest Aircraft Company Mandatory Service Bulletin Number SB11–17, Revision: 00, dated November 1, 2011; and Quest Aircraft Company Field Service Instruction No. FSI–028, Revision 02, (undated). The service information describes procedures for inspecting and re-torquing the first IPS bolt, replacing both IPS bolts with new bolts, and installing safety wire around the new bolts.

FAA’s Determination

We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.
AD Requirements

This AD requires accomplishing the actions specified in the service information described previously.
FAA’s Justification and 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 this condition, if not corrected, could result in loss of engine power that may lead to a forced landing. Therefore, we find that notice and opportunity for prior public comment are impracticable and that good cause exists for making this amendment effective in less than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the **ADDRESSES** section. Include the docket number FAA–2011–1328 and Directorate Identifier 2011–CE–037–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 we receive about this AD. Costs of Compliance

We estimate that this AD affects 38 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:



### E STIMATED 

### C OSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators

Inspect and re-torque the AN4–4A bolt .................................. 0.5 work-hour × $85 per hour = $42.50. (*) $42.50 $1,615


### 75444 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations

E STIMATED 

### C OSTS 

### —Continued

Action Labor cost Parts cost Cost per product Cost on U.S. operators

Replace the IPS bolts, part numbers (P/N) AN4–4A and

AN4–5A, with new IPS bolts, P/N AN4H4A and AN4H5A, respectively. Install safety wire around the new bolts. 1 work-hour × $85 per hour = $85. 86 $171 $6,498

* Not Applicable.

According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate. 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

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 that this AD:

(1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866,

(2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

(3) Will not affect intrastate aviation in Alaska, and

(4) 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. List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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 airworthiness directive (AD):
2011–25–04 Quest Aircraft Design, LLC: Amendment 39–16880; Docket No. FAA–2011–1328; Directorate Identifier 2011–CE–037–AD.
(a) Effective Date

This AD is effective December 19, 2011.

(b) Affected ADs

None.
(c) Applicability

This AD applies to Quest Aircraft Design, LLC Model Kodiak 100 airplanes, serial numbers 100–0001 through 100–0056, certificated in any category.
(d) Subject

Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 7160, Engine Air Intake System.

(e) Unsafe Condition

This AD was prompted by reports of five instances where a loose IPS bolt was found on the right-hand side of the engine bypass door attachment. This condition, if not corrected, could lead to an inoperable bypass door, which could result in engine inlet icing with consequent loss of engine power and forced landing. We are issuing this AD to correct the unsafe condition on these products.
(f) Compliance

Comply with this AD within the compliance times specified, unless already done. (g) Torque of the IPS AN4–4A Bolt Before further flight on or after December 19, 2011 (the effective date of this AD), inspect the torque of the IPS bolt, part number (P/N) AN4–4A, and re-torque, if necessary, following Quest Aircraft Company Field Service Instruction No. FSI–028, Revision 02, (undated) as specified in Mandatory Service Bulletin No. SB11–17, Revision: 00, dated November 1, 2011.
(h) Replace the IPS AN4–4A and AN4–5A Bolts

Within 15 hours time-in-service (TIS) after December 19, 2011 (the effective date of this AD), replace the IPS bolts, P/N AN4–4A and P/N AN4–5A, with new IPS bolts, P/N AN4H4A and P/N AN4H5A, respectively. After installing the new bolts, install safety wire around the new bolts. Do the actions following Quest Aircraft Company Field Service Instruction No. FSI–028, Revision 02, (undated) as specified in Mandatory Service Bulletin No. SB11–17, Revision: 00, dated November 1, 2011.

(i) Prohibition of Installation of IPS AN4–4A and AN4–5A Bolts

As of December 19, 2011 (the effective date of this AD), do not install any IPS bolts, P/ N AN4–4A or P/N AN4–5A.
(j) Special Flight Permit

Special flight permits are permitted with the following limitation: Flight into known icing is prohibited.
(k) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Seattle Aircraft Certification Office (ACO), 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 manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD.

(2) 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.

(l) Related Information

For more information about this AD, contact Tung Tran, Aerospace Engineer, Seattle ACO, FAA, 1601 Lind Avenue SW., Renton, Washington 98057; phone: (425) 917–6505; fax: (425) 917–6590; email: tung.tran@faa.gov.


### 75445 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations

(m) Material Incorporated by Reference

(1) You must use the following service information to do the actions required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 on December 19, 2011.

(i) Quest Aircraft Company Mandatory Service Bulletin No. SB11–17, Revision: 00, dated November 1, 2011; and

(ii) Quest Aircraft Company Field Service Instruction No. FSI–028, Revision 02, (undated).

(2) For service information identified in this AD, contact Quest Aircraft Design, LLC, 1200 Turbine Drive, Sandpoint, Idaho 83864; phone: (208) 263–1111; fax: (208) 263–1511; email: http://questaircraft.com/quest/ contact-quest/customer-service/; Internet: http://questaircraft.com/.

(3) You may review copies of the service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148.

(4) You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at an NARA facility, call (202) 741– 6030, or go to http://www.archives.gov/ federal

_register/code

_ of

_ federal

_regulations/ ibr

_ locations.html. Issued in Kansas City, Missouri, on November 25, 2011. John Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011–30881 Filed 12–1–11; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2011–0748; Airspace Docket No. 11–ACE–13]** 

**Amendment of Class E Airspace; Olathe, KS** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  This action removes Class E airspace designated as an extension to Class D, and amends Class E airspace for Olathe, KS. Decommissioning of the Johnson County VHF Omnidirectional Range/Distance Measuring Equipment (VOR/DME) at Johnson County Executive Airport, Olathe, KS, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport. **DATES :**  Effective date: 0901 UTC, February 9, 2012. The Director of the Federal Register approves this incorporation by reference action under 1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

**FOR FURTHER INFORMATION CONTACT :**  Scott Enander, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321–
7716.

**SUPPLEMENTARY INFORMATION :**  History

On August 26, 2011, the FAA published in the Federal Register a notice of proposed rulemaking to amend Class E airspace for Olathe, KS, reconfiguring controlled airspace at Johnson County Executive Airport (76 FR 53361) Docket No. FAA–2011–0748. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9V dated August 9, 2011, and effective September 15, 2011, which is incorporated by reference in 14 CFR Part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by removing Class E airspace designated as an extension to a Class D or Class E surface area, and modifying Class E airspace extending upward from 700 feet above the surface, for standard instrument approach procedures at Johnson County Executive Airport, Olathe, KS. Decommissioning of the Johnson County VOR/DME and cancellation of the VOR approach at Johnson County Executive Airport has made reconfiguration of the airspace necessary for the safety and management of IFR operations at the airport.

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends controlled airspace at Johnson County Executive Airport, Olathe, KS. List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR Part 71 as follows:

**PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR**  **TRAFFIC SERVICE ROUTES; AND REPORTING POINTS** 

■ 1. The authority citation for 14 CFR Part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389.

**§ 71.1 [Amended]**

■ 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9V, Airspace Designations and Reporting Points, dated August 9, 2011, and effective September 15, 2011 is amended as follows:

* * * * *
Paragraph 6004 Class E airspace areas designated as an extension to a Class D or Class E surface area.
* * * * *
ACE KS E4 Olathe, Johnson County Executive Airport, KS [Removed]
Paragraph 6005 Class E Airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * *