Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Rules and Regulations 36283 

representation on the Board is linked to 

the payment of assessments. The Order 

requires a review of the composition of 

the Board to be conducted every five 

years and states that the review is to be 

based on Board assessment records and 

statistics from USDA. The number of 

importer, first handler, and domestic 

producer seats, as well as the 

distribution of importer seats, is 

adjusted as needed based on the volume 

and geographic distribution of mango 

production and imports. In addition, the 

volume of imports for each country of 

origin is considered in appointments of 

foreign producer members. Because the 

volume handled or imported is linked to 

the value of assessments received by the 

Board, representation of importers, first 

handlers, domestic producers and 

foreign producers is necessarily linked 

to the payment of assessments. 

However, that is not the case for the 

wholesaler/retailer positions. 

Two commenters expressed 

opposition to the proposed elimination 

of the wholesaler/retailer positions on 

the grounds that wholesalers and/or 

retailers could provide valuable insight 

to the Board. As stated above, the 

Board’s bylaws permit the participation 

of non-members on the Board’s 

committees. Thus the Board is able to 

seek input from wholesalers and/or 

retailers as needed. 

One commenter expressed doubt that 

the Board has made sufficient efforts to 

secure nominees to fill the wholesaler/ 

retailer positions. As discussed in the 

proposed rule, the Board has made 

numerous attempts to nominate 

individuals to those positions; however, 

wholesalers and retailers are either not 

interested in or do not have the time to 

serve on the Board. 

One commenter recommended that 

wholesalers and/or retailers be given 

full voting rights on the Board. The 

question of whether or not wholesaler/ 

retailer members should be permitted to 

vote is not considered in this rule as it 

is not relevant given the Board’s 

inability to find wholesalers and/or 

retailers to serve on the Board. The same 

commenter also suggested that the 

Board consider adding consumer 

members. Currently, all Board meetings 

are open to the public, and any person 

has the opportunity to contact the Board 

at any time. As such, consumer 

participation in Board activities does 

not require amendment of the Order. 

One comment objecting to the 

regulation of mangos was outside the 

scope of this rule. 

The Department has considered all of 

the comments and is not making any 

changes to the proposed rule. 

After consideration of all relevant 

material presented, the Board’s 

recommendation, public comments and 

other information, it is hereby found 

that this rule, as published in the 

Federal Register [76 FR 13530] on 

March 14, 2011, is consistent with and 

will effectuate the purpose of the Act. 

List of Subjects in 7 CFR Part 1206 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Mango Promotion, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 1206 is amended 

as follows: 

PART 1206—MANGO PROMOTION, 

RESEARCH, AND INFORMATION 

ORDER 

■ 1. The authority citation for 7 CFR 

part 1206 continues to read as follows: 

Authority: 7 U.S.C. 7411–7425 and 

7 U.S.C. 7401. 

■ 2. Remove and reserve § 1206.19. 

§ 1206.19 [Reserved] 

■ 3. Remove and reserve § 1206.24. 

§ 1206.24 [Reserved] 

■ 4. Amend § 1206.30 by revising 

paragraph (a) to read as follows: 

§ 1206.30 Establishment of the National 

Mango Promotion Board. 

(a) Establishment of the National 

Mango Promotion Board. There is 

hereby established a National Mango 

Promotion Board composed of eight 

importers, one first handler, two 

domestic producers, and seven foreign 

producers. The chairperson shall reside 

in the United States and the Board office 

shall also be located in the United 

States. 

* * * * * 

■ 5. Amend § 1206.31 by removing 

paragraph (h), and redesignating 

paragraph (i) as paragraph (h). 

■ 6. Revise § 1206.32 to read as follows: 

§ 1206.32 Term of office. 

The term of office for first handler, 

importer, domestic producer, and 

foreign producer members of the Board 

will be three years, and these members 

may serve a maximum of two 

consecutive three-year terms. When the 

Board is first established, the first 

handler, two importers, one domestic 

producer, and two foreign producers 

will be assigned initial terms of four 

years; three importers, one domestic 

producer, and two foreign producers 

will be assigned initial terms of three 

years; and three importers and three 

foreign producers will be assigned 

initial terms of two years. Thereafter, 

each of these positions will carry a full 

three-year term. Members serving initial 

terms of two or four years will be 

eligible to serve a second term of three 

years. Each term of office will end on 

December 31, with new terms of office 

beginning on January 1. 

Dated: June 16, 2011. 

Rayne Pegg, 

Administrator. 

[FR Doc. 2011–15630 Filed 6–21–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0259; Directorate 

Identifier 2010–NM–196–AD; Amendment 

39–16730; AD 2011–13–07] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Model FALCON 7X Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) 

that applies to the products listed above. 

This 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 occurrences of untimely radioaltimeter lock-up have been reported, where 

the failed radio-altimeter indicated a negative 

distance to the ground despite the aircraft 

was flying at medium or high altitude. 

A locked radio-altimeter #1 leads to 

untimely inhibition of warnings that could be 

displayed along with certain abnormal 

conditions while the avionic system switches 

into landing mode during altitude cruise. 

* * * * * 

[Untimely radio altimeter lock-up] may 

cause the crew to be unaware of possible 

system failures that could require urgent 

crew’s actions. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective July 

27, 2011. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 


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36284 Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Rules and Regulations 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on March 29, 2011 (76 FR 

17364), and proposed to supersede AD 

2010–02–02, Amendment 39–16173 (75 

FR 1697, January 13, 2010). That NPRM 

proposed to correct an unsafe condition 

for the specified products. The MCAI 

states: 

Several occurrences of untimely radioaltimeter lock-up have been reported, where 

the failed radio-altimeter indicated a negative 

distance to the ground despite the aircraft 

was flying at medium or high altitude. 

A locked radio-altimeter #1 leads to 

untimely inhibition of warnings that could be 

displayed along with certain abnormal 

conditions while the avionic system switches 

into landing mode during altitude cruise. 

* * * * * 

[Untimely radio altimeter lock-up] may 

cause the crew to be unaware of possible 

system failures that could require urgent 

crew’s actions. 

To address this unsafe condition, [EASA] 

AD 2009–0208 was issued on 13 October 

2009 [which corresponds with FAA AD 

2010–02–02]. It mandated application of a 

new abnormal Airplane Flight Manual (AFM) 

procedure when radio-altimeter #1 lock-up 

occurs and prohibited dispatch of the 

aeroplane with any radio-altimeter 

inoperative. 

Since AD 2009–0208 was issued, Easy 

avionics load 10 has been developed with 

change M0566 or Service Bulletin (SB) 

Falcon 7X n°100 that brings new features to 

display a ‘‘RA miscompare’’ flag on both 

Primary Display Units (PDU) and accepts a 

commanded system reversion to the correct 

radio-altimeter output. 

EASA AD 2009–0208R1 is issued to allow 

not deactivating radio-altimeter #1 in case 

lock-up conditions occur in flight for 

aeroplanes on which M0566 or SB Falcon 7X 

n°100 has been embodied. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

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 required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a Note within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

about 24 products of U.S. registry. 

The actions that are required by AD 

2010–02–02 and retained in this AD 

take about 1 work-hour per product, at 

an average labor rate of $85 per workhour. Based on these figures, the 

estimated cost of the currently required 

actions is $85 per product. 

We estimate that it will take about 1 

work-hour per product to comply with 

the new basic requirements of this AD. 

The average labor rate is $85 per workhour. Based on these figures, we 

estimate the cost of this AD to the U.S. 

operators to be $2,040, 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 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. 

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 the NPRM, 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. 

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 

removing Amendment 39–16173 (75 FR 

1697, January 13, 2010) and adding the 

following new AD: 


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Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Rules and Regulations 36285 

2011–13–07 Dassault Aviation: 

Amendment 39–16730. Docket No. 

FAA–2011–0259; Directorate Identifier 

2010–NM–196–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective July 27, 2011. 

Affected ADs 

(b) This AD supersedes AD 2010–02–02, 

Amendment 39–16173. 

Applicability 

(c) This AD applies to Dassault Aviation 

Model FALCON 7X airplanes, certificated in 

any category, all serial numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 34: Navigation. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Several occurrences of untimely radioaltimeter lock-up have been reported, where 

the failed radio-altimeter indicated a negative 

distance to the ground despite the aircraft 

was flying at medium or high altitude. 

A locked radio-altimeter #1 leads to 

untimely inhibition of warnings that could be 

displayed along with certain abnormal 

conditions while the avionic system switches 

into landing mode during altitude cruise. 

* * * * * 

[Untimely radio altimeter lock-up] may 

cause the crew to be unaware of possible 

system failures that could require urgent 

crew’s actions. 

* * * * * 

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– 

02–02, With Revised Affected Airplanes 

(g) For airplanes on which modification 

M0566 or Dassault Service Bulletin Falcon 

7X–100 has not been accomplished: Within 

14 days after January 28, 2010 (the effective 

date of AD 2010–02–02), revise the 

Limitations Section of the Dassault Falcon 7X 

Airplane Flight Manual (AFM) to include the 

following statement. This may be done by 

inserting a copy of this AD in the AFM. 

‘‘If radio-altimeter #1 lock-up conditions 

occur in flight, power off radio-altimeter #1, 

in accordance with the instructions of Falcon 

7X AFM procedure 3–140–65. 

Dispatch of the airplane with any radioaltimeter inoperative is prohibited.’’ 

Note 1: When a statement identical to that 

in paragraph (g) of this AD has been included 

in the general revisions of the AFM, the 

general revisions may be inserted into the 

AFM, and the copy of this AD may be 

removed from the AFM. 

New Requirements of This AD 

(h) For airplanes on which M0566 or 

Dassault Service Bulletin Falcon 7X–100 has 

been accomplished: Within 14 days after the 

effective date of this AD, revise the 

Limitations Section of the Dassault Falcon 7X 

AFM to include the following statement. This 

may be done by inserting a copy of this AD 

in the AFM. Doing this revision terminates 

the requirements of paragraph (g) of this AD. 

‘‘If radio-altimeter #1 lock-up conditions 

occur in flight, revert to the correct radioaltimeter output, in accordance with the 

instructions of Falcon 7X AFM procedure 

3–140–65B and 3–140–70A. 

Dispatch of the airplane with any radioaltimeter inoperative is prohibited.’’ 

Note 2: When a statement identical to that 

in paragraph (h) of this AD has been included 

in the general revisions of the AFM, the 

general revisions may be inserted into the 

AFM, and the copy of this AD may be 

removed from the AFM. 

FAA AD Differences 

Note 3: 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, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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 International Branch, send it to ATTN: 

Tom Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 227–1137; fax (425) 

227–1149. Information may be e-mailed to: 

9-ANM-116-AMOC-REQUESTS@faa.gov. 

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 European Aviation Safety 

Agency (EASA) Airworthiness Directive 

2009–0208R1, dated June 2, 2010, for related 

information. 

Material Incorporated by Reference 

(k) None. 

Issued in Renton, Washington, on June 14, 

2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–15368 Filed 6–21–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0116; Airspace 

Docket No. 11–ANE–1] 

Establishment of Class E Airspace; 

Brunswick, ME 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E Airspace at Brunswick, ME, to 

accommodate the additional airspace 

needed for the Standard Instrument 

Approach Procedures developed for 

Brunswick Executive Airport. This 

enhances the safety and airspace 

management of Instrument Flight Rules 

(IFR) operations at the airport. This 

action also corrects errors in the legal 

description published as a proposed 

rule in the Federal Register on March 

18, 2011. 

DATES: Effective 0901 UTC, August 25, 

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. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On March 18, 2011, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish Class E airspace at Brunswick 

Executive Airport, Brunswick, ME (75 

FR 14824) Docket No. FAA–2011–0116. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Subsequent to 

publication, a typographical error was 

found in the controlled airspace radius 

mileage. This action will make the 

correction. 


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