Airworthiness Directives; Empresa Brasileria de Aeronáutica S.A. (EMBRAER) Airplanes, 39159-39162 [2012-15752]
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Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations
(A) Inspect the IP shaft rigid coupling
splines as specified in paragraphs (f)(1) or
(f)(2) of this AD as applicable and determine
the next inspection interval using Figure 10
of RR RB211 Trent 900 Series Propulsion
Systems Alert NMSB No. RB.211–72–AG329,
Revision 4, dated March 23, 2012; and
(B) Do not install an engine that has an IP
shaft with an average spline crest length
measured dimension of less than 0.5 mm.
(ii) Before installing an engine in the same
position on the airplane it was removed from:
(A) Inspect the IP shaft rigid coupling
splines using paragraph (f)(1) or (f)(2) of this
AD as applicable and determine the next
inspection interval; and
(B) Do not install an engine that has an IP
shaft with an average spline crest length
measured dimension of less than 0.5 mm.
(g) Engines That Have Incorporated RR
RB211 Trent 900 Series Propulsion Systems
SB No. RB.211–72–G585, Original Issue, or
Any Revision
(1) On-Wing Borescope Inspections
(i) Initially borescope-inspect the IP shaft
rigid coupling splines before accumulating
400 FCSN or 400 cycles since the last
inspection per paragraph (g)(2)(i) of this AD.
Use paragraph 3.A.(2) of RR RB211 Trent 900
Series Propulsion Systems Alert NMSB No.
RB.211–72–AG871, dated March 23, 2012, to
do the inspection.
(ii) Repetitively borescope-inspect the IP
shaft rigid coupling splines. Use paragraphs
3.A.(2)(e), 3.A.(2)(f), and 3.A.(3) of RR RB211
Trent 900 Series Propulsion Systems Alert
NMSB No. RB.211–72–AG871, dated March
23, 2012, to determine the re-inspection
interval and to do the inspections.
pmangrum on DSK3VPTVN1PROD with RULES
(2) In-Shop Inspections
(i) At every shop visit after the effective
date of this AD, where the IP shaft rigid
coupling is exposed, visually inspect and
MPI the IP shaft rigid coupling splines.
(ii) At every shop visit after the effective
date of this AD, where the IP shaft rigid
coupling is not exposed, borescope-inspect
using paragraphs 3.A.(2)(a) through 3.A.(2)(f)
of RR RB211 Trent 900 Series Propulsion
Systems Alert NMSB No. RB.211–72–AG871,
dated March 23, 2012.
(A) If at the time of initial inspection, the
average value of length ‘‘B’’ is equal to, or
less than, 6.00 mm, repeat the borescope
inspection using paragraph (g)(1) or (g)(2) of
this AD within 400 flight cycles.
(B) If at the time of initial inspection the
average value of length ‘‘B’’ is greater than
6.00 mm, MPI the IP turbine shaft, and
visually inspect and MPI the intermediate
turbine shaft and IP rigid coupling.
(3) After Any Shop Inspection
After any shop inspection, where the rigid
shaft coupling is exposed, perform a
borescope inspection per paragraph (g)(1) of
this AD within 400 cycles after the in-shop
visual inspection and MPI.
(h) Definition
For the purpose of this AD, a shop visit is
the induction of an engine into the shop for
maintenance involving the separation of
pairs of major mating engine flanges, except
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that the separation of engine flanges solely
for the purposes of transportation without
subsequent engine maintenance does not
constitute an engine shop visit.
information on the availability of this
material at NARA, call (202) 741–6030, or go
to: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
(i) Credit for Previous Actions for Engines
That Have Not Incorporated RR RB211
Trent 900 Series Propulsion Systems SB No.
RB.211–72–G585
If you performed inspections and
corrective actions that are required by
paragraph (f) of this AD using RR RB211
Trent 900 Series Propulsion Systems Alert
NMSB No. RB.211–72–AG329, Original
Issue, dated November 26, 2009; Revision 1,
dated January 13, 2010; Revision 2, dated
July 7, 2010; or Revision 3, dated November
25, 2010, before the effective date of this AD,
you have met the requirements of paragraph
(f) of this AD.
Issued in Burlington, Massachusetts, on
June 5, 2012.
Peter A. White,
Manager, Engine & Propeller Directorate,
Aircraft Certification Service.
(j) 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.
[Docket No. FAA–2012–0441; Directorate
Identifier 2012–CE–011–AD; Amendment
39–17106; AD 2012–13–04]
(k) Related Information
(1) For more information about this AD,
contact Alan Strom, Aerospace Engineer,
Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803;
phone: 781–238–7143; fax: 781–238–7199;
email: alan.strom@faa.gov.
(2) Refer to European Aviation Safety
Agency AD 2012–0057, dated April 3, 2012,
and AD 2012–0057 (corrected), dated April
20, 2012, for related information.
(3) RB211–Trent 900 Engine Manual, tasks
72–33–21–200–804 and 72–00–00–200–808,
pertain to the visual inspections and MPIs
required by this AD.
(l) 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:
(i) Rolls-Royce plc RB211 Trent 900 Series
Propulsion Systems Alert Non-Modification
Service Bulletin No. RB.211–72–AG329,
Revision 4, dated March 23, 2012.
(ii) Rolls-Royce plc RB211 Trent 900 Series
Propulsion Systems Alert Non-Modification
Service Bulletin No. RB.211–72–AG871,
dated March 23, 2012.
(2) For service information identified in
this AD, contact Rolls-Royce plc, Corporate
Communications, P.O. Box 31, Derby,
England, DE248BJ, phone: 011–44–1332–
242424; fax: 011–44–1332–245418, or email:
https://www.rolls-royce.com/contact/
civil_team.jsp.
(3) You may review copies 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
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[FR Doc. 2012–15985 Filed 6–29–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
RIN 2120–AA64
Airworthiness Directives; Empresa
´
Brasileria de Aeronautica S.A.
(EMBRAER) Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
´
Empresa Brasileria de Aeronautica S.A.
(EMBRAER) Model EMB–505 airplanes.
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 an inadequate
amount of drain holes in the primary
control surfaces (rudder, elevator, and
aileron) and their tab surfaces, which
may allow water to accumulate in the
control surfaces. This condition could
cause unbalanced flight control surfaces
and reduced flutter margins, which
could result in loss of control of the
airplane. We are issuing this AD to
require actions to address the unsafe
condition on these products.
DATES: This AD is effective August 6,
2012.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of August 6, 2012.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at
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.
SUMMARY:
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Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations
For service information identified in
this AD, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), Phenom
Maintenance Support, Av. Brigadeiro
´
˜
Faria Lima, 2170, Sao Jose dos
Campos—SP, CEP: 12227–901—PO Box
36/2, BRASIL; fax ++55 12 3927–2619;
email
phenom.reliability@embraer.com.br;
Internet: https://www.embraer.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.
Jim
Rutherford, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4165; fax: (816)
329–4090; email:
jim.rutherford@faa.gov.
FOR FURTHER INFORMATION CONTACT:
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 April 24, 2012 (77 FR
24425). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
It has been found that certain regions of the
rudder, elevator, ailerons, and their tabs
surfaces does not present adequate drainage
capacity to avoid water accumulation inside
of these control surfaces. Internal water
accumulation may lead to flight control
surfaces unbalancing possibly reducing the
flutter margins, which could result in loss of
airplane control.
The MCAI requires visually inspecting
the control surfaces (rudder, elevator,
and aileron) and their tab surfaces for
the existence of required drain holes
and modifying the control surfaces by
drilling drain holes. You may obtain
further information by examining the
MCAI in the AD docket.
Comments
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We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM (77
FR 24425, April 24, 2012) 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:
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• Are consistent with the intent that
was proposed in the NPRM (77 FR
24425, April 24, 2012) for correcting the
unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (77 FR 24425,
April 24, 2012).
Costs of Compliance
We estimate that this AD will affect
38 products of U.S. registry.
We also estimate that it will take from
.5 work-hour to 2 work-hours per
product for 10 of the affected airplanes
to comply with the basic inspection
requirements of this AD. The average
labor rate is $85 per work-hour.
Based on these figures, we estimate
the cost of the inspection on U.S.
operators to be from $425 to $1,700, or
$42.50 to $170 per product.
In addition, we estimate that any
necessary follow-on actions will take
from 2 work-hours to 38 work-hours and
require parts costing $50, for a cost from
$220 to $3,280 per product. We have no
way of determining the number of
products that may need these actions.
We also estimate that it will take from
19 work-hours to 27 work-hours per
product for 36 of the affected airplanes
to comply with basic modification
requirements of this AD. The average
labor rate is $85 per work-hour.
Required parts will cost about $100 per
product.
Based on these figures, we estimate
the cost of the modification on U.S.
operators to be from $61,740, to
$86,220, or $1,715 to $2,395 per
product.
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
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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),
(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.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 the NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket 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 adding
the following new AD:
■
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Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations
2012–13–04 Empresa Brasileria de
´
Aeronautica S.A. (EMBRAER):
Amendment 39–17106; Docket No.
FAA–2012–0441; Directorate Identifier
2012–CE–011–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective August 6, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the following Empresa
´
Brasileria de Aeronautica S.A. (EMBRAER)
Model EMB–505 airplanes certificated in any
category.
(1) Group 1: Serial numbers (S/Ns)
50500030, 50500033 through 50500037,
50500039, 50500040, 50500044, and
50500046.
(2) Group 2: S/Ns 5050004 through
50500029, 50500031, 50500032, 50500038,
50500041 through 50500043, 50500045,
50500047 through 50500059, 50500061,
50500063, 50500065 through 50500068,
50500070, 50500074, and 50500075.
(3) Group 3: S/N 50500072.
(4) Group 4: S/Ns 50500069, 50500071, and
50500073.
(d) Subject
Air Transport Association of America
(ATA) Code 27: Flight Controls.
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(e) Reason
This AD was prompted by 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 an
inadequate amount of drain holes in the
primary control surfaces (rudder, elevator,
aileron) and their tab surfaces, which may
allow water to accumulate in the control
surfaces. We are issuing this AD to prevent
unbalanced flight control surfaces and
reduced flutter margins, which could result
in loss of control of the airplane.
(f) Actions and Compliance
Unless already done, do the following
actions:
(1) Group 1 airplanes specified in
paragraph (c)(1) of this AD:
(i) Within the next 100 hours time-inservice after August 6, 2012 (the effective
date of this AD) or within the next 3 calendar
months after August 6, 2012 (the effective
date of this AD), whichever occurs first,
visually inspect the right-hand (RH) and lefthand (LH) aileron lower skin for the
existence of required drain holes.
(ii) Before further flight after the inspection
required in paragraph (f)(1)(i) of this AD, if
the required drain holes do not exist, drill the
drain holes.
(iii) Within the next 24 months after
August 6, 2012 (the effective date of this AD),
rework the ailerons, aileron trim-tabs, aileron
horn covers, rudder, rudder trim-tab,
elevators, and elevator auto-tab surfaces by
drilling additional drain holes.
(iv) Do the actions required in paragraphs
(f)(1)(i) and (f)(1)(ii) of this AD following the
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Accomplishment Instructions in EMBRAER
Phenom Service Bulletin No. 505–57–0003,
dated November 16, 2011.
(v) Do the actions required in paragraph
(f)(1)(iii) of this AD following Part I of the
Accomplishment Instructions in EMBRAER
Phenom Service Bulletin No. 505–57–0002,
dated February 13, 2012.
(2) Group 2 airplanes specified in
paragraph (c)(2) of this AD: Within the next
24 months after August 6, 2012 (the effective
date of this AD), rework the ailerons, aileron
trim-tabs, aileron horn covers, rudder, rudder
trim-tab, elevators, and elevators auto-tab
surfaces by drilling additional drain holes.
Do the modifications following Part I of the
Accomplishment Instructions in EMBRAER
Phenom Service Bulletin No. 505–57–0002,
dated February 13, 2012.
(3) Group 3 airplanes specified in
paragraph (c)(3) of this AD:
(i) Within the next 24 months after August
6, 2012 (the effective date of this AD), rework
the rudder, rudder trim-tab, elevators, and
elevators auto-tab surfaces by drilling
additional drain holes.
(ii) Within the next 24 months after August
6, 2012 (the effective date of this AD), inspect
the ailerons for the existence of required
drain holes.
(iii) Before further flight after the
inspection required in paragraph (f)(3)(ii) of
this AD, if the required drain holes do not
exist, drill the drain holes.
(iv) Do the actions required in paragraph
(f)(3)(i) of this AD following Part II of the
Accomplishment Instructions in EMBRAER
Phenom Service Bulletin No. 505–57–0002,
dated February 13, 2012.
(v) Do the actions required in paragraphs
(f)(3)(ii) and (f)(3)(iii) of this AD following
Part II of the Accomplishment Instructions in
EMBRAER Phenom Service Bulletin No.
505–57–0004, dated February 16, 2012.
(4) Group 4 airplanes specified in
paragraph (c)(4) of this AD:
(i) Within the next 24 months after August
6, 2012 (the effective date of this AD), inspect
the ailerons, elevators, and rudder for the
existence of required drain holes.
(ii) Before further flight after the inspection
required in paragraph (f)(4)(i) of this AD, if
the required drain holes do not exist, drill the
drain holes.
(iii) Do the actions required in paragraphs
(f)(4)(i) and (f)(4)(ii) of this AD following Part
I of the Accomplishment Instructions in
EMBRAER Phenom Service Bulletin No.
505–57–0004, dated February 16, 2012.
(g) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4165; fax: (816) 329–
4090; email: jim.rutherford@faa.gov. Before
using any approved AMOC on any airplane
to which the AMOC applies, notify your
appropriate principal inspector (PI) in the
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39161
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(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.
(3) Reporting Requirements: For any
reporting requirement in this AD, 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) Related Information
ˆ
Refer to MCAI Agencia Nacional de
Aviacao Civil (ANAC) Brazilian
¸˜
Airworthiness Directive 2012–03–01, dated
March 20, 2012; EMBRAER Phenom Service
Bulletin No. 505–57–0002, dated February
13, 2012; EMBRAER Phenom Service
Bulletin No. 505–57–0003, dated November
16, 2011; and EMBRAER Phenom Service
Bulletin No. 505–57–0004, dated February
16, 2012, for related information.
(i) 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:
(i) EMBRAER Phenom Service Bulletin No.
505–57–0002, dated February 13, 2012;
(ii) EMBRAER Phenom Service Bulletin
No. 505–57–0003, dated November 16, 2011;
and
(iii) EMBRAER Phenom Service Bulletin
No. 505–57–0004, dated February 16, 2012.
(2) For service information identified in
this AD, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), Phenom
Maintenance Support, Av. Brigadeiro Faria
´
˜
Lima, 2170, Sao Jose dos Campos—SP, CEP:
12227–901—P.O. Box 36/2, BRASIL; fax
++55 12 3927–2619; email
phenom.reliability@embraer.com.br; Internet:
https://www.embraer.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
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Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations
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 https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Kansas City, Missouri, on June
21, 2012.
James E. Jackson,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2012–15752 Filed 6–29–12; 8:45 am]
BILLING CODE 4910–13–P
suggestions for reducing the burden, to
Jasmeet Seehra, Office of Management
and Budget (OMB), by email to
Jasmeet_K._Seehra@omb.eop.gov, or by
fax to (202) 395–7285; and to the
Regulatory Policy Division, Bureau of
Industry and Security, Department of
Commerce, 14th Street & Pennsylvania
Avenue NW., Room 2705, Washington,
DC 20230.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Sangine, Director, Chemical
and Biological Controls Division, Office
of Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, Telephone: (202) 482–3343.
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 120112039–2176–03]
RIN 0694–AF45
Implementation of the Understandings
Reached at the 2011 Australia Group
(AG) Plenary Meeting and Other AGRelated Clarifications to the EAR
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) publishes this final rule
to amend the Export Administration
Regulations (EAR) to implement the
understandings reached at the June 2011
plenary meeting of the Australia Group
(AG). This rule amends the Commerce
Control List (CCL) entry in the EAR that
controls human and zoonotic pathogens
and ‘‘toxins’’ and the entry that controls
genetic elements and genetically
modified organisms to reflect changes to
the AG ‘‘List of Biological Agents for
Export Control’’ that were made based
on the understandings adopted at the
June 2011 AG plenary meeting. In
addition, this rule amends the CCL
entries in the EAR that control chemical
manufacturing facilities and equipment,
and equipment capable of use in
handling biological materials to reflect
the June 2011 AG plenary changes to the
‘‘Control List of Dual-Use Chemical
Manufacturing Facilities and Equipment
and Related Technology and Software’’
and the ‘‘Control List of Dual-Use
Biological Equipment and Related
Technology and Software,’’ respectively.
DATES: This rule is effective July 2,
2012.
ADDRESSES: Send comments regarding
this collection of information, including
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:02 Jun 29, 2012
Jkt 226001
The Bureau of Industry and Security
(BIS) is amending the Export
Administration Regulations (EAR) to
implement the understandings reached
at the June 2011 plenary meeting of the
Australia Group (AG). The AG is a
multilateral forum consisting of 40
participating countries that maintain
export controls on a list of chemicals,
biological agents, and related equipment
and technology that could be used in a
chemical or biological weapons
program. The AG periodically reviews
items on its control list to enhance the
effectiveness of participating
governments’ national controls and to
achieve greater harmonization among
these controls.
The June 2011 AG plenary meeting
adopted understandings that affected
the AG ‘‘List of Biological Agents for
Export Control,’’ the AG ‘‘Control List of
Dual-Use Chemical Manufacturing
Facilities and Equipment and Related
Technology and Software’’ and the AG
‘‘Control List of Dual-Use Biological
Equipment and Related Technology and
Software.’’
This rule amends Export Control
Classification Numbers (ECCNs) 1C351
and 1C353 to reflect the AG changes to
the ‘‘List of Biological Agents for Export
Control.’’ Specifically, ECCN 1C351
(Human and zoonotic pathogens and
‘‘toxins’’) is amended by removing and
reserving paragraph .b (Rickettsiae),
since these organisms are more
appropriately identified as bacteria.
Coxiella burnetii and Rickettsia
prowasecki (a.k.a. Rickettsia
prowazekii), which were previously
controlled under ECCN 1C351.b.2 and
.b.3, respectively, are now controlled as
bacteria under ECCN 1C351.c.10 and
.c.13, respectively. Bartonella Quintana
(Rochalimea Quintana, Rickettsia
Quintana) and Rickettsia rickettsii,
which were previously controlled under
ECCN 1C351.b.1 and .b.4, respectively,
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
are removed from ECCN 1C351, since
they are no longer included on the AG
‘‘List of Biological Agents.’’
ECCN 1C353 (Genetic elements and
genetically modified organisms) is
amended by revising Technical Note 1
and adding a new Technical Note 4 to
clarify that this ECCN controls certain
de novo chemically synthesized genetic
material and artificially-produced
organisms. Specifically, Technical Note
1 to ECCN 1C353 is revised to indicate
that ‘‘genetic elements’’ also include
chromosomes, genomes, plasmids,
transposons, and vectors that have been
‘‘chemically synthesized in whole or in
part.’’ New Technical Note 4 to ECCN
1C353 indicates that ‘‘genetically
modified organisms’’ include
‘‘organisms in which the genetic
material (nucleic acid sequences) has
been altered in a way that does not
occur naturally by mating and/or
natural recombination, and
encompasses those produced artificially
in whole or in part.’’
This rule also amends ECCN 2B350
(Chemical manufacturing facilities and
equipment) by adding a new Technical
Note 3, at the end of the entry, to clarify
that materials used for gaskets, packing,
seals, screws or washers, or other
materials performing a sealing function,
do not determine the control status of
the items listed in ECCN 2B350,
provided that such components are
designed to be interchangeable.
In addition, this rule amends ECCN
2B352 (Equipment capable of use in
handling biological materials) by
revising the introductory text of
paragraph .d.1 to remove the phrase
‘‘without propagation of aerosols.’’
Participating countries at the 2011 AG
plenary agreed that this phrase was
redundant, as it applied to cross
(tangential) flow filtration equipment
capable of separation of pathogenic
microorganisms, viruses, toxins or cell
cultures.
Finally, this rule amends ECCNs
2B350 and 2B352 to clarify certain
control parameters for pumps (i.e.,
multiple-seal and seal-less pumps and
vacuum pumps) and steam sterilizable
freeze-drying (lyophilization)
equipment, respectively. Specifically,
ECCN 2B350.i is amended by adding
two parenthetical phrases in the
introductory text to specify the
maximum flow-rate of such pumps in
liters of water per hour, as follows:
‘‘multiple-seal and seal-less pumps with
manufacturer’s specified maximum
flow-rate greater than 0.6 m3/hour (600
liters/hour), or vacuum pumps with
manufacturer’s specified maximum
flow-rate greater than 5 m3/hour (5,000
liters/hour).’’ ECCN 2B352.e is amended
E:\FR\FM\02JYR1.SGM
02JYR1
]]>Agencies
[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Rules and Regulations]
[Pages 39159-39162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15752]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0441; Directorate Identifier 2012-CE-011-AD;
Amendment 39-17106; AD 2012-13-04]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileria de
Aeron[aacute]utica S.A. (EMBRAER) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Empresa Brasileria de Aeron[aacute]utica S.A. (EMBRAER) Model EMB-505
airplanes. 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 an inadequate amount of drain
holes in the primary control surfaces (rudder, elevator, and aileron)
and their tab surfaces, which may allow water to accumulate in the
control surfaces. This condition could cause unbalanced flight control
surfaces and reduced flutter margins, which could result in loss of
control of the airplane. We are issuing this AD to require actions to
address the unsafe condition on these products.
DATES: This AD is effective August 6, 2012.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of August 6,
2012.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at 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.
[[Page 39160]]
For service information identified in this AD, contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER), Phenom Maintenance Support,
Av. Brigadeiro Faria Lima, 2170, S[atilde]o Jos[eacute] dos Campos--SP,
CEP: 12227-901--PO Box 36/2, BRASIL; fax ++55 12 3927-2619; email
phenom.reliability@embraer.com.br; Internet: https://www.embraer.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.
FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email:
jim.rutherford@faa.gov.
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 April 24, 2012 (77
FR 24425). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
It has been found that certain regions of the rudder, elevator,
ailerons, and their tabs surfaces does not present adequate drainage
capacity to avoid water accumulation inside of these control
surfaces. Internal water accumulation may lead to flight control
surfaces unbalancing possibly reducing the flutter margins, which
could result in loss of airplane control.
The MCAI requires visually inspecting the control surfaces (rudder,
elevator, and aileron) and their tab surfaces for the existence of
required drain holes and modifying the control surfaces by drilling
drain holes. 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 (77 FR 24425, April 24,
2012) 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 (77 FR 24425, April 24, 2012) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 24425, April 24, 2012).
Costs of Compliance
We estimate that this AD will affect 38 products of U.S. registry.
We also estimate that it will take from .5 work-hour to 2 work-
hours per product for 10 of the affected airplanes to comply with the
basic inspection requirements of this AD. The average labor rate is $85
per work-hour.
Based on these figures, we estimate the cost of the inspection on
U.S. operators to be from $425 to $1,700, or $42.50 to $170 per
product.
In addition, we estimate that any necessary follow-on actions will
take from 2 work-hours to 38 work-hours and require parts costing $50,
for a cost from $220 to $3,280 per product. We have no way of
determining the number of products that may need these actions.
We also estimate that it will take from 19 work-hours to 27 work-
hours per product for 36 of the affected airplanes to comply with basic
modification requirements of this AD. The average labor rate is $85 per
work-hour. Required parts will cost about $100 per product.
Based on these figures, we estimate the cost of the modification on
U.S. operators to be from $61,740, to $86,220, or $1,715 to $2,395 per
product.
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
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),
(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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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 the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket 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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
[[Page 39161]]
2012-13-04 Empresa Brasileria de Aeron[aacute]utica S.A. (EMBRAER):
Amendment 39-17106; Docket No. FAA-2012-0441; Directorate Identifier
2012-CE-011-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective August 6,
2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the following Empresa Brasileria de
Aeron[aacute]utica S.A. (EMBRAER) Model EMB-505 airplanes
certificated in any category.
(1) Group 1: Serial numbers (S/Ns) 50500030, 50500033 through
50500037, 50500039, 50500040, 50500044, and 50500046.
(2) Group 2: S/Ns 5050004 through 50500029, 50500031, 50500032,
50500038, 50500041 through 50500043, 50500045, 50500047 through
50500059, 50500061, 50500063, 50500065 through 50500068, 50500070,
50500074, and 50500075.
(3) Group 3: S/N 50500072.
(4) Group 4: S/Ns 50500069, 50500071, and 50500073.
(d) Subject
Air Transport Association of America (ATA) Code 27: Flight
Controls.
(e) Reason
This AD was prompted by 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 an inadequate
amount of drain holes in the primary control surfaces (rudder,
elevator, aileron) and their tab surfaces, which may allow water to
accumulate in the control surfaces. We are issuing this AD to
prevent unbalanced flight control surfaces and reduced flutter
margins, which could result in loss of control of the airplane.
(f) Actions and Compliance
Unless already done, do the following actions:
(1) Group 1 airplanes specified in paragraph (c)(1) of this AD:
(i) Within the next 100 hours time-in-service after August 6,
2012 (the effective date of this AD) or within the next 3 calendar
months after August 6, 2012 (the effective date of this AD),
whichever occurs first, visually inspect the right-hand (RH) and
left-hand (LH) aileron lower skin for the existence of required
drain holes.
(ii) Before further flight after the inspection required in
paragraph (f)(1)(i) of this AD, if the required drain holes do not
exist, drill the drain holes.
(iii) Within the next 24 months after August 6, 2012 (the
effective date of this AD), rework the ailerons, aileron trim-tabs,
aileron horn covers, rudder, rudder trim-tab, elevators, and
elevator auto-tab surfaces by drilling additional drain holes.
(iv) Do the actions required in paragraphs (f)(1)(i) and
(f)(1)(ii) of this AD following the Accomplishment Instructions in
EMBRAER Phenom Service Bulletin No. 505-57-0003, dated November 16,
2011.
(v) Do the actions required in paragraph (f)(1)(iii) of this AD
following Part I of the Accomplishment Instructions in EMBRAER
Phenom Service Bulletin No. 505-57-0002, dated February 13, 2012.
(2) Group 2 airplanes specified in paragraph (c)(2) of this AD:
Within the next 24 months after August 6, 2012 (the effective date
of this AD), rework the ailerons, aileron trim-tabs, aileron horn
covers, rudder, rudder trim-tab, elevators, and elevators auto-tab
surfaces by drilling additional drain holes. Do the modifications
following Part I of the Accomplishment Instructions in EMBRAER
Phenom Service Bulletin No. 505-57-0002, dated February 13, 2012.
(3) Group 3 airplanes specified in paragraph (c)(3) of this AD:
(i) Within the next 24 months after August 6, 2012 (the
effective date of this AD), rework the rudder, rudder trim-tab,
elevators, and elevators auto-tab surfaces by drilling additional
drain holes.
(ii) Within the next 24 months after August 6, 2012 (the
effective date of this AD), inspect the ailerons for the existence
of required drain holes.
(iii) Before further flight after the inspection required in
paragraph (f)(3)(ii) of this AD, if the required drain holes do not
exist, drill the drain holes.
(iv) Do the actions required in paragraph (f)(3)(i) of this AD
following Part II of the Accomplishment Instructions in EMBRAER
Phenom Service Bulletin No. 505-57-0002, dated February 13, 2012.
(v) Do the actions required in paragraphs (f)(3)(ii) and
(f)(3)(iii) of this AD following Part II of the Accomplishment
Instructions in EMBRAER Phenom Service Bulletin No. 505-57-0004,
dated February 16, 2012.
(4) Group 4 airplanes specified in paragraph (c)(4) of this AD:
(i) Within the next 24 months after August 6, 2012 (the
effective date of this AD), inspect the ailerons, elevators, and
rudder for the existence of required drain holes.
(ii) Before further flight after the inspection required in
paragraph (f)(4)(i) of this AD, if the required drain holes do not
exist, drill the drain holes.
(iii) Do the actions required in paragraphs (f)(4)(i) and
(f)(4)(ii) of this AD following Part I of the Accomplishment
Instructions in EMBRAER Phenom Service Bulletin No. 505-57-0004,
dated February 16, 2012.
(g) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4165; fax: (816) 329-4090; email:
jim.rutherford@faa.gov. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
(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.
(3) Reporting Requirements: For any reporting requirement in
this AD, 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) Related Information
Refer to MCAI Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) Brazilian Airworthiness Directive 2012-03-01, dated
March 20, 2012; EMBRAER Phenom Service Bulletin No. 505-57-0002,
dated February 13, 2012; EMBRAER Phenom Service Bulletin No. 505-57-
0003, dated November 16, 2011; and EMBRAER Phenom Service Bulletin
No. 505-57-0004, dated February 16, 2012, for related information.
(i) 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:
(i) EMBRAER Phenom Service Bulletin No. 505-57-0002, dated
February 13, 2012;
(ii) EMBRAER Phenom Service Bulletin No. 505-57-0003, dated
November 16, 2011; and
(iii) EMBRAER Phenom Service Bulletin No. 505-57-0004, dated
February 16, 2012.
(2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Phenom Maintenance
Support, Av. Brigadeiro Faria Lima, 2170, S[atilde]o Jos[eacute] dos
Campos--SP, CEP: 12227-901--P.O. Box 36/2, BRASIL; fax ++55 12 3927-
2619; email phenom.reliability@embraer.com.br; Internet: https://www.embraer.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
[[Page 39162]]
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 https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on June 21, 2012.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-15752 Filed 6-29-12; 8:45 am]
BILLING CODE 4910-13-P
