Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules and Regulations 53633 

Dated: August 17, 2011. 

Pearlie S. Reed, 

Assistant Secretary for Administration, U.S. 

Department of Agriculture. 

[FR Doc. 2011–21694 Filed 8–26–11; 8:45 am] 

BILLING CODE 3410–93–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0597; Directorate 

Identifier 2011–CE–019–AD; Amendment 

39–16793; AD 2011–18–11] 

RIN 2120–AA64 

Airworthiness Directives; Viking Air 

Limited (Type Certificate No. A–815 

Formerly Held by Bombardier Inc. and 

de Havilland, Inc.) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

all Viking Air Limited (type certificate 

No. A–815 formerly held by Bombardier 

Inc. and de Havilland, Inc.) Model 

DHC–3 airplanes. That AD currently 

requires repetitively inspecting the 

elevator control tabs for discrepancies, 

taking necessary corrective actions to 

bring all discrepancies within 

acceptable tolerances, and reporting 

certain inspection results to the FAA. 

This new AD retains the actions 

currently required in AD 2011–05–02 

and removes the Supplemental Type 

Certificate (STC) SA01059SE condition 

in the Applicability section. This AD 

was prompted by our determination that 

we inadvertently omitted certain 

airplanes from the Applicability section. 

We are issuing this AD to correct the 

unsafe condition on these products. 

DATES: This AD is effective October 3, 

2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications listed in 

this AD as of March 31, 2011 (76 FR 

10220, February 24, 2011). 

ADDRESSES: For information about the 

revisions to the FAA-approved 

maintenance/inspection program 

identified in this AD, contact Viking Air 

Ltd., 9574 Hampden Road, Sidney, BC 

Canada V8L 5V5; telephone: (800) 663– 

8444; Internet: http:// 

www.vikingair.com. You may review 

copies of the referenced revisions 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 address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

George Duckett, Aerospace Engineer, 

FAA, New York Aircraft Certification 

Office, 1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone: 

(516) 228–7325; fax: (516) 794–5531; 

email: george.duckett@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2011–05–02, 

Amendment 39–16611 (76 FR 10220, 

February 24, 2011). That AD applies to 

the specified products. The NPRM 

published in the Federal Register on 

June 10, 2011 (76 FR 34011). That 

NPRM proposed to retain all of the 

requirements of AD 2011–05–02 and 

add airplanes to the Applicability 

section removing the Supplemental 

Type Certificate (STC) SA01059SE 

condition. 

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 relevant data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Interim Action 

We are continuing to evaluate the 

cause of the unsafe condition identified 

in this AD to enable us to obtain better 

insight into the nature, cause, and 

extent of excessive free-play in the 

elevator control tabs. Based on this 

evaluation, we may consider further 

rulemaking. 

Costs of Compliance 

We estimate that this AD affects 65 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

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

Inspection ...... 1 work-hour × $85 per hour = 

$85 per inspection cycle.

Not applicable ........................ $85 per inspection cycle ........ $5,525 per inspection cycle. 

We estimate the following costs to do 

any necessary follow-on actions that 

will be required based on the results of 

the inspection. We have no way of 

determining the number of airplanes 

that may need this repair/replacement: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Minimum repair ................................... 1 work-hour × $85 per hour = $85 ................................................................. $50 $135 


Emcdonald on DSK2BSOYB1PROD with RULES
53634 Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules and Regulations 

ON-CONDITION COSTS—Continued 

Action Labor cost Parts cost Cost per 

product 

Moderate repair .................................. 3 work-hours × $85 per hour = $255 ............................................................. 150 405 

Maximum repair .................................. 6 work-hours × $85 per hour = $510 ............................................................. 450 960 

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 have 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 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] 

The FAA amends § 39.13 by removing 

airworthiness directive (AD) 2011–05– 

02, Amendment 39–16611 (76 FR 

10220, February 24, 2011), and adding 

the following new AD: 

2011–18–11 Viking Air Limited (Type 

Certificate No. A–815 Formerly Held by 

Bombardier Inc. and de Havilland, Inc.): 

Amendment 39–16793; Docket No. 

FAA–2011–0597; Directorate Identifier 

2011–CE–019–AD. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective October 3, 2011. 

(b) Affected ADs 

This AD supersedes AD 2011–05–02, 

Amendment 39–16611 (76 FR 10220, 

February 24, 2011). 

(c) Applicability 

This AD applies to Viking Air Limited 

(type certificate No. A–815 formerly held by 

Bombardier Inc. and de Havilland, Inc.) 

Model DHC–3 airplanes, all serial numbers, 

that are certificated in any category. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 27, Flight Controls. 

(e) Unsafe Condition 

This AD results from an evaluation of 

revisions to the manufacturer’s maintenance 

manual that adds new repetitive inspections 

to the elevator control tabs. To require 

compliance with these inspections for U.S. 

owners and operators we are mandating these 

inspections through the rulemaking process. 

We are issuing this AD to add new repetitive 

inspections of the elevator control tabs. If 

these inspections are not done, excessive 

free-play in the elevator control tabs could 

develop. This condition could lead to loss of 

tab control linkage and severe elevator 

flutter. Such elevator flutter could lead to 

possible loss of control. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

Actions Compliance Procedures 

(1) Inspect the elevator control tabs for discrepancies.(i) For airplanes previously affected by AD 

2011–05–02 (76 FR 10220, February 24, 

2011): Initially within the next 50 hours timein-service (TIS) after March 31, 2011 (the 

effective date retained from AD 2011–05– 

02).

Following Viking DHC–3 Otter Maintenance 

Manual Temporary Revisions No. 18, No. 

19, and No. 20, all dated December 5, 

2008. 

(ii) For airplanes not previously affected by AD 

2011–05–02 (76 FR 10220, February 24, 

2011): Initially within the next 50 hours timein-service (TIS) after October 3, 2011 (the 

effective date of this AD).

(iii) For all affected airplanes: Repetitively 

thereafter inspect at intervals not to exceed 

100 hours TIS.

(2) If any discrepancies are found during any 

inspection required in paragraph (f)(1) of this 

AD, take necessary corrective actions to 

bring all discrepancies within acceptable tolerances.

For all affected airplanes: Before further flight 

after any inspection required in paragraph 

(f)(1) of this AD in which discrepancies are 

found.

Following Viking DHC–3 Otter Maintenance 

Manual Temporary Revisions No. 18, No. 

19, and No. 20, all dated December 5, 

2008. 


Emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules and Regulations 53635 

Actions Compliance Procedures 

(3) If, during any inspection required in paragraph (f)(1) of this AD, the total maximum 

free play of the elevator servo tab and trim 

tab relative to the elevator exceeds 1.0 degree (this is equal to a maximum displacement of 0.070′′ at the trailing edge), report 

the results of the inspection to the FAA.

For all affected airplanes: Within 30 days after 

the inspection or within the next 10 days 

after October 3, 2011 (the effective date of 

this AD), whichever occurs later. For airplanes previously affected by AD 2011–05– 

02 (76 FR 10220, February 24, 2011): We 

are collecting these inspection results for 24 

months after March 31, 2011 (the effective 

date retained from AD 2011–05–02). For 

airplanes not previously affected by AD 

2011–05–02 (76 FR 10220, February 24, 

2011): We are collecting these inspection 

results for 24 months after October 3, 2011 

(the effective date of this AD). The reporting 

requirements of this AD are no longer required after that time..

Use the form (figure 1 of this AD) and submit 

it to FAA, Small Airplane Directorate, Attn: 

Jim Rutherford, 901 Locust, Room 301, 

Kansas City, Missouri 64106. 

AD 2011–18–11 

Airplane Serial Number: 

Time-in-Service (TIS) of Airplane: 

Airplane Engine Type/Model Number/Series Number: 

TIS of Airplane When Current Engine was Installed: 

Date When Current Engine was Installed: 

STC Number that Installed Current Engine (if applicable): 

Out of Tolerance Recording: 

Corrective Action Taken: 

Any Additional Information (Optional): 

Name: 

Telephone and/or Email Address: 

Date: 

Send report to: Jim Rutherford, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; facsimile: (816) 329–4090; e-mail: 

jim.rutherford@faa.gov. 

Figure 1 

(g) Paperwork Reduction Act Burden 

Statement 

A federal agency may not conduct or 

sponsor, and a person is not required to 

respond to, nor shall a person be subject to 

a penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork Reduction 

Act unless that collection of information 

displays a current valid OMB Control 

Number. The OMB Control Number for this 

information collection is 2120–0056. Public 

reporting for this collection of information is 

estimated to be approximately 5 minutes per 

response, including the time for reviewing 

instructions, completing and reviewing the 

collection of information. All responses to 

this collection of information are mandatory. 

Comments concerning the accuracy of this 

burden and suggestions for reducing the 

burden should be directed to the FAA at: 800 

Independence Ave., SW., Washington, DC 

20591, Attn: Information Collection 

Clearance Officer, AES–200. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, New York 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 Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

(3) AMOCs approved for AD 2011–05–02 

(76 FR 10220, February 24, 2011) are 

approved as AMOCs for this AD. 

(i) Related Information 

For more information about this AD, 

contact George Duckett, Aerospace Engineer, 

FAA, New York ACO, 1600 Stewart Avenue, 

Suite 410, Westbury, New York 11590; 

telephone: (516) 228–7325; fax: (516) 794– 

5531; email: george.duckett@faa.gov. 

(j) 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 of the 

following service information on the date 

specified: 

(2) Viking DHC–3 Otter Maintenance 

Manual Temporary Revision No. 18, Viking 

DHC–3 Otter Maintenance Manual 

Temporary Revision No. 19, and Viking 

DHC–3 Maintenance Manual Temporary 

Revision No. 20, all dated December 5, 2008, 

approved for IBR March 31, 2011 (76 FR 

10220, February 24, 2011). 

(3) To get information about the revisions 

to the maintenance program identified in this 

AD, contact Viking Air Ltd., 9574 Hampden 

Road, Sidney, BC Canada V8L 5V5; 

telephone: (800) 663–8444; Internet: 

www.vikingair.com. 


Emcdonald on DSK2BSOYB1PROD with RULES
53636 Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules and Regulations 

(4) You may review copies of the 

referenced revisions 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. 

(5) 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 August 

19, 2011. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–21876 Filed 8–26–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0427; Airspace 

Docket No. 11–AGL–7] 

Amendment of Class E Airspace; Gary, 

IN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace for Gary, IN, to accommodate 

new Area Navigation (RNAV) Standard 

Instrument Approach Procedures at 

Gary/Chicago International Airport. The 

FAA is taking this action to enhance the 

safety and management of Instrument 

Flight Rule (IFR) operations at the 

airport. This action also updates the 

airport name. 

DATES: Effective date: 0901 UTC, 

December 15, 2011. 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 May 18, 2011, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class E 

airspace for Gary, IN, creating additional 

controlled airspace at Gary/Chicago 

International Airport (76 FR 28686) 

Docket No. FAA–2011–0427. 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 7400.9U 

dated August 18, 2010, and effective 

September 15, 2010, 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 

creating additional Class E airspace 

extending upward from 700 feet above 

the surface for new standard instrument 

approach procedures at Gary/Chicago 

International Airport, Gary, IN. This 

action also updates the airport name 

from Gary Regional Airport to Gary/ 

Chicago International Airport, Gary, IN. 

This action is 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 for Gary/Chicago 

International Airport, Gary, IN. 

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 Part 71.1 of the Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AGL IN E5 Gary, IN [Amended] 

Gary/Chicago International Airport, IN 

(Lat. 41°36′59′′ N., long. 87°24′46′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of Gary/Chicago International Airport, 

and within 2 miles each side of the 124° 

bearing from the airport extending from the 

6.7-mile radius to 11.6 miles southeast of the 

airport. 

Issued in Fort Worth, Texas, on August 17, 

2011. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–21908 Filed 8–26–11; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 310 

RIN 3084–AA98 

Telemarketing Sales Rule Fees 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

Commission (the Commission or ‘‘FTC’’ 

is amending its Telemarketing Sales 

Rule (‘‘TSR’’) by updating the fees 


Emcdonald on DSK2BSOYB1PROD with RULES