This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

76293 

Vol. 76, No. 235 

Wednesday, December 7, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1299; Directorate 

Identifier 2011–NE–40–AD; Amendment 39– 

16878; AD 2011–25–02] 

RIN 2120–AA64 

Airworthiness Directives; BRP– 

Powertrain GmbH & Co. KG 

Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for BRP– 

Powertrain GmbH & Co. KG Rotax 912 

F2, 912 F3, 912 F4, 912 S2, 912 S3, 912 

S4, 914 F2, 914 F3, and 914 F4 

reciprocating engines. 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: 

During a production process review, a 

deviation in the manufacturing process of 

certain part number (P/N) 888164 crankshafts 

has been detected, which may have resulted 

in a latent defect. This condition, if not 

corrected, could lead to crack formation on 

the power takeoff side of the crankshaft 

journal, possibly resulting in failure of the 

crankshaft support bearing, in-flight engine 

shutdown and forced landing, damage to the 

aeroplane and injury to the occupants. 

We are issuing this AD to prevent inflight failure of the engine and forced 

landing. 

DATES: This AD becomes effective 

December 22, 2011. 

We must receive comments on this 

AD by January 6, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of BRP–Powertrain GmbH & Co. KG, 

Rotax Aircraft Engines, Mandatory Alert 

Service Bulletins (ASB) Nos. ASB–912– 

059 and ASB 914–042 (combined in one 

document), dated November 15, 2011, 

listed in the AD as of December 22, 

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 

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. 

For service information identified in 

this AD, contact BRP–Powertrain GmbH 

& Co. KG, Welser Strasse 32, A–4623 

Gunskirchen, Austria, or go to: http://

www.rotax-aircraft-engines.com. You 

may review copies of the referenced 

service information at the FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA. For 

information on the availability of this 

material at the FAA, call (781) 238– 

7125. 

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 (phone: 

(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: 

Alan Strom, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

email: alan.strom@faa.gov; phone: (781) 

238–7143; fax: (781) 238–7199. 

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 AD 2011– 

0222–E, dated November 15, 2011 

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

correct an unsafe condition for the 

specified products. The MCAI states: 

During a production process review, a 

deviation in the manufacturing process of 

certain part number (P/N) 888164 crankshafts 

has been detected, which may have resulted 

in a latent defect. This condition, if not 

corrected, could lead to crack formation on 

the power takeoff side of the crankshaft 

journal, possibly resulting in failure of the 

crankshaft support bearing, in-flight engine 

shutdown and forced landing, damage to the 

aeroplane and injury to the occupants. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

We reviewed BRP–Powertrain GmbH 

& Co. KG, Rotax Aircraft Engines, 

Mandatory ASB Nos. ASB–912–059 and 

ASB 914–042 (combined in one 

document), dated November 15, 2011. 

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 AD 

This product has been approved by 

the aviation authority of Austria, and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with the European 

Community, 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. 

Differences Between the AD and the 

MCAI or Service Information 

None. 

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 short compliance 


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76294 Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Rules and Regulations 

time of 4 operating hours, and the risk 

to single-engine airplanes affected. 

Therefore, we determined that notice 

and opportunity for public comment 

before issuing this AD are impracticable 

and that good cause exists for making 

this amendment effective in fewer than 

30 days. 

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–2011–1299; 

Directorate Identifier 2011–NE–40–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. 

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: 

2011–25–02 BRP-Powertrain GmbH & Co. 

KG (formerly BRP-Rotax GmbH & Co 

KG, Bombardier-Rotax GmbH & Co. KG, 

and Bombardier-Rotax GmbH): 

Amendment 39–16878; Docket No. 

FAA–2011–1299; Directorate Identifier 

2011–NE–40–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective December 22, 2011. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to BRP-Powertrain GmbH 

& Co. KG Rotax 912 F2, 912 F3, 912 F4, 912 

S2, 912 S3, 912 S4, 914 F2, 914 F3, and 914 

F4 reciprocating engines, with the following 

part number (P/N) 888164 crankshafts 

installed. 

TABLE 1—AFFECTED P/N 888164 

CRANKSHAFT SERIAL NOS. (S/NS) 

S/Ns 40232 through 40267 inclusive. 

S/Ns 40293 through 40374 inclusive. 

S/Ns 40408 through 40433 inclusive. 

S/Ns 40435 through 40507 inclusive. 

(d) Reason 

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: 

During a production process review, a 

deviation in the manufacturing process of 

certain part number (P/N) 888164 crankshafts 

has been detected, which may have resulted 

in a latent defect. This condition, if not 

corrected, could lead to crack formation on 

the power takeoff side of the crankshaft 

journal, possibly resulting in failure of the 

crankshaft support bearing, in-flight engine 

shutdown and forced landing, damage to the 

aeroplane and injury to the occupants. 

We are issuing this AD to prevent in-flight 

failure of the engine and forced landing. 

(e) Actions and Compliance 

Unless already done, do the following 

actions. 

(1) Within 4 flight hours after the effective 

date of this AD, clean and fluorescentpenetrant-inspect the crankshaft for cracks, 

in accordance with the Accomplishment 

Instructions paragraphs 3.1)4., 3.1)6., and 

Figure 1 of BRP–Powertrain GmbH & Co. KG, 

Rotax Aircraft Engines, Mandatory Alert 

Service Bulletins (ASB) Nos. ASB–912–059 

and ASB 914–042 (combined in one 

document), dated November 15, 2011. 

(2) If any crack is found, remove the 

crankshaft from service. 

(f) Installation Prohibition 

(1) After the effective date of this AD, do 

not install an engine having an affected P/N 

888164 crankshaft installed, listed in Table 1 

of this AD, on any airplane, unless the 

crankshaft has passed the inspection 

specified in paragraph (e)(1) of this AD. 

(2) After the effective date of this AD, do 

not install an affected P/N 888164 crankshaft 

listed in Table 1 of this AD, in any engine, 

unless the crankshaft has passed the 

inspection specified in paragraph (e)(1) of 

this AD. 

(g) FAA AD Differences 

None. 

(h) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

may approve AMOCs for this AD. Use the 

procedures found in 14 CFR 39.19 to make 

your request. 

(i) Related Information 

(1) Refer to MCAI European Aviation 

Safety Agency AD 2011–0222–E, dated 

November 15, 2011, for related information. 

(2) Contact Alan Strom, Aerospace 

Engineer, Engine Certification Office, FAA, 


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Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Rules and Regulations 76295 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; email: alan.strom@faa.gov; phone: 

(781) 238–7143; fax: (781) 238–7199, for 

more information about this AD. 

(j) Material Incorporated by Reference 

You must use BRP–Powertrain GmbH & 

Co. KG, Rotax Aircraft Engines, Mandatory 

Alert Service Bulletins Nos. ASB 912–059 

and ASB 914–042 (combined in one 

document), dated November 15, 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 BRP–Powertrain GmbH & 

Co. KG, Welser Strasse 32, A–4623 

Gunskirchen, Austria, or go to: 

http://www.rotax-aircraft-engines.com. 

(3) You may review copies of the service 

information at the FAA, New England 

Region, 12 New England Executive Park, 

Burlington, MA. For information on the 

availability of this material at the FAA, call 

(781) 238–7125. 

(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/cfr/ibr-locations.html. 

Issued in Burlington, Massachusetts, on 

November 29, 2011. 

Peter A. White, 

Manager, Engine & Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–31501 Filed 12–6–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[USCG–2011–0231] 

RIN 1625–AA01 

Anchorage Regulations; Wells, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing three special anchorage 

areas in Wells Harbor, Wells, Maine. 

This action is necessary to facilitate safe 

navigation in that area and provide safe 

and secure anchorages for vessels not 

more than 20 meters in length. This 

action is intended to increase the safety 

of life and property in Wells Harbor, 

improve the safety of anchored vessels, 

and provide for the overall safe and 

efficient flow of vessel traffic and 

commerce. 

DATES: This rule is effective January 6, 

2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–0231 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2011–0231 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

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 FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. John J. Mauro, Waterways 

Management Branch Chief, First Coast 

Guard District; telephone (617) 223– 

8355, email John.J.Mauro@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On August 23, 2011, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Anchorage Regulations; Wells, 

Maine’’ in the Federal Register (76 FR 

52599). We received no comments on 

the proposed rule. A public meeting was 

not requested and none was held. 

Basis and Purpose 

The legal basis for this rule is 33 

U.S.C. 471, 1221 through 1236, 2030, 

2035, 2071; 33 CFR 1.05–1; and 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to define anchorage grounds. 

This rule is intended to reduce the 

risk of vessel collisions by creating three 

special anchorage areas in the western, 

central and eastern portions of Wells 

Harbor creating anchorage for 

approximately 150 vessels. 

Background 

This rule creates three new special 

anchorage areas in Wells, Maine. These 

three new special anchorage areas in 

Wells Harbor are described below. All 

coordinates are North American Datum 

1983 (NAD 83). 

Vessels not more than 20 meters in 

length are not required to sound signals 

as per Rule 35 of the Inland Navigation 

Rules (33 U.S.C. 2035) nor exhibit 

anchor lights or shapes as per Rule 30 

of the Inland Navigation Rules (33 

U.S.C. 2030) when at anchor in a special 

anchorage area. Mariners utilizing the 

anchorage areas are encouraged to 

contact local and state authorities, such 

as the local harbormaster, to ensure 

compliance with any additional 

applicable state and local laws. Such 

laws may involve, for example, 

compliance with direction from the 

local harbormaster when placing or 

using moorings within the anchorage. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments on the proposed rulemaking. 

We have finalized the rule as proposed, 

without change. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Executive Order 12866 and Executive 

Order 13563 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

Although this regulation may have 

some impact on the public, the potential 

impact will be minimized for the 

following reasons: Normal surface 

navigation will not be affected as this 

area has been historically used as a 

mooring field by the Town of Wells and 

the number of vessels using the 

anchorage is limited due to depth (less 

than or equal to 18 feet). 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule will have a significant 

economic impact on a substantial 

number of small entities. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule could affect the following 


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