48028 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Proposed Rules 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

Although the MCAI/service information 

allows further flight after cracks are found 

during compliance with certain actions, this 

AD requires that you repair the crack(s) 

before further flight. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Dan Rodina, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2125; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

appropriate principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) Airworthiness 

Directive 2008–0181, dated October 1, 2008; 

and the service bulletins identified in Table 

2 of this AD; for related information. 

Issued in Renton, Washington, on 

September 11, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–22667 Filed 9–18–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0870; Directorate 

Identifier 2009–CE–049–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aerona ́utica S.A. 

(EMBRAER) Model EMB–500 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: It has been found the 

possibility of elevator mass balance 

fasteners becoming slack under certain 

conditions. The loose of at least two 

fasteners may lead to an unbalance 

condition, which may induce flutter on 

airplane elevators. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by November 5, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

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 proposed AD, 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. 

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4146; fax: (816) 

329–4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0870; Directorate Identifier 

2009–CE–049–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued AD No.: 

2009–09–01, dated September 3, 2009 

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

correct an unsafe condition for the 

specified products. The MCAI states: 

It has been found the possibility of elevator 

mass balance fasteners becoming slack under 

certain conditions. The loose of at least two 

fasteners may lead to an unbalance 

condition, which may induce flutter on 

airplane elevators. 

The MCAI requires replacement of the 

nuts of the right and left elevators mass 

balance fasteners. You may obtain 

further information by examining the 

MCAI in the AD docket. 

Relevant Service Information 

Embraer—Empresa Brasileira de 

Aeronautica S.A. has issued Phenom by 

Embraer Service Bulletin No. 500–55– 

0001, dated July 24, 2009. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Proposed Rules 48029 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed AD 

and the MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 25 products of U.S. registry. 

We also estimate that it would take 

about 4 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $150 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these costs. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $11,750, or $470 per 

product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 proposed regulation: 

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 proposed 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

Empresa Brasileira de Aerona ́utica S.A. 

(EMBRAER): Docket No. FAA–2009– 

0870; Directorate Identifier 2009–CE– 

049–AD. 

Comments Due Date 

(a) We must receive comments by 

November 5, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMB–500 airplanes, 

serial numbers 50000005, 50000006, 

50000008 through 50000036, 50000038 

through 50000041, 50000043 through 

50000046, 50000048, and 50000053, 

certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the possibility of elevator 

mass balance fasteners becoming slack under 

certain conditions. The loss of at least two 

fasteners may lead to an unbalance 

condition, which may induce flutter on 

airplane elevators. 

The MCAI requires replacement of the nuts 

of the right and left elevators mass balance 

fasteners. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within the next 30 days after the 

effective date of this AD, replace the nuts of 

the right-hand (RH) and left-hand (LH) 

elevators’ mass balance fasteners with new 

ones of self-locking type bearing part number 

(P/N) MS21043–4. Do the replacements 

following Phenom by Embraer Service 

Bulletin No. 500–55–0001, dated July 24, 

2009. 

(2) As of 30 days after the effective date of 

this AD, only install self-locking type nuts, 

P/N MS21043–4, on the RH and LH elevators 

mass balance fasteners. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) 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: Karl Schletzbaum, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090. 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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
48030 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Proposed Rules 

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, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) Brazilian 

Airworthiness Directive AD No.: 2009–09– 

01, dated September 3, 2009, and Phenom by 

Embraer Service Bulletin No. 500–55–0001, 

dated July 24, 2009, for related information. 

Issued in Kansas City, Missouri, on 

September 15, 2009. 

Scott A. Horn, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–22642 Filed 9–18–09; 8:45 am] 

BILLING CODE 4910–13–P 

JOINT BOARD FOR THE 

ENROLLMENT OF ACTUARIES 

20 CFR Part 901 

[REG–159704–03] 

RIN 1545–BC82 

Performance of Actuarial Services 

Under the Employee Retirement 

Income Security Act of 1974 

AGENCY: Joint Board for the Enrollment 

of Actuaries. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document contains 

proposed amendments to 20 CFR part 

901 relating to the enrollment of 

actuaries under section 3042 of the 

Employee Retirement Income Security 

Act of 1974 (ERISA). The proposed 

amendments would update the 

eligibility requirements for performing 

actuarial services for ERISA-covered 

employee pension benefit plans, 

including the continuing education 

requirements, and the standards for 

performing such actuarial services. The 

proposed amendments would affect 

employee pension benefit plans and the 

actuaries providing actuarial services to 

those plans. 

DATES: Written or electronic comments 

must be received by November 20, 2009. 

ADDRESSES: Send written comments to: 

CC:PA:LPD:PR (REG–159704–03), Room 

5203, Internal Revenue Service, PO Box 

7604, Ben Franklin Station, Washington, 

DC 20044. Submissions may be handdelivered Monday through Friday 

between the hours of 8 a.m. and 4 p.m. 

to CC:PA:LPD:PR (REG–159704–03), 

Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue, 

NW., Washington, DC or sent 

electronically via the Federal 

eRulemaking Portal at http:// 

www.regulations.gov (IRS REG–159704– 

03). 

FOR FURTHER INFORMATION CONTACT: 

Patrick McDonough, Executive Director, 

Joint Board for the Enrollment of 

Actuaries, (202) 622–8229 (not a tollfree number). 

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act 

The collections of information 

referenced in this notice of proposed 

rulemaking were previously reviewed 

and approved by the Office of 

Management and Budget in accordance 

with the Paperwork Reduction Act of 

1995 (44 U.S.C. 3507(d)) under control 

number 1545–0951, relating to Enrolled 

Actuaries under Employee Retirement 

Income Security Act of 1974, published 

on September 7, 1988, in the Federal 

Register (53 FR 34484). There are no 

proposals for substantive changes to this 

collection of information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number assigned by the Office of 

Management and Budget. 

Books or records relating to a 

collection of information must be 

retained as long as their contents may 

become material in the administration 

of any internal revenue law. Generally, 

tax returns and tax return information 

are confidential, as required by 26 

U.S.C. 6103. 

Background 

This document contains proposed 

amendments to 20 CFR Part 901 under 

section 3042 of the Employee 

Retirement Income Security Act of 1974 

(88 Stat. 829), Public Law 93–406 

(ERISA). Section 3042 of ERISA 

provides that the Joint Board for the 

Enrollment of Actuaries (Joint Board) 

shall, by regulations, establish 

reasonable standards and qualifications 

for persons performing actuarial 

services with respect to plans subject to 

ERISA and, upon application by any 

individual, shall enroll such individual 

if the Joint Board finds that such 

individual satisfies such standards and 

qualifications. Section 3042 also 

provides that the Joint Board may, after 

notice and an opportunity for a hearing, 

suspend or terminate the enrollment of 

an individual who fails to discharge his 

duties under ERISA or who does not 

satisfy the requirements for enrollment. 

Consistent with section 3042, the 

Joint Board has promulgated regulations 

at 20 CFR part 901, addressing 

eligibility for enrollment, requirements 

for continuing education of enrolled 

actuaries, professional standards for 

performance of actuarial services under 

ERISA, bases for disciplinary actions 

and the procedures to be followed in 

taking those actions. Comprehensive 

regulations regarding section 3042 were 

last issued in 1988 (53 FR 34484). The 

Joint Board has determined that the 

regulations need to be updated to reflect 

changes in the law and in industry 

practice. In addition to these proposed 

regulations, final regulations relating to 

user fees for the initial enrollment and 

reenrollment as an enrolled actuary 

were published in the Federal Register 

on December 21, 2007 (72 FR 72606). 

In anticipation of amending the Joint 

Board regulations, the Joint Board 

issued a Request for Information (RFI) 

which was published in the Federal 

Register on June 30, 2004 (69 FR 39376). 

The RFI specifically requested 

comments as to whether, and to what 

extent, changes should be made to the 

regulations in the following five areas: 

1. Procedures and conditions for 

enrollment and reenrollments; 

2. Continuing professional education 

(CPE) requirements; 

3. Waivers of the CPE requirements; 

4. Types of enrollment statuses 

(active, inactive, and retired); and 

5. Standards of conduct. 

Eight comments were received. 

The current regulations prescribe 

various rules regarding the enrollment 

and reenrollment of actuaries. Section 

901.13 of the regulations provides that 

an individual applying for enrollment 

must satisfy requirements for: (1) 

Qualifying experience; (2) basic 

actuarial knowledge; and (3) pension 

actuarial knowledge. Basic actuarial 

knowledge may be demonstrated by 

passing a Joint Board examination (or an 

examination acceptable to the Joint 

Board) regarding basic actuarial 

mathematics and methodology, or by 

earning a degree pertaining to actuarial 

mathematics from an accredited college. 

Pension actuarial knowledge must be 

demonstrated by passing a Joint Board 

examination (or an examination 

acceptable to the Joint Board) in 

actuarial mathematics related to pension 

plans. 

Under section 901.11, an enrolled 

actuary must reenroll once every three 

years. To qualify for reenrollment an 

actuary must complete a minimum of 36 


srobinson on DSKHWCL6B1PROD with PROPOSALS