40286 Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Proposed Rules 

Telephone: (202) 586–7335. E-mail: 

Wes.Anderson@ee.doe.gov. 

In the Office of General Counsel, 

contact Ms. Elizabeth Kohl, U.S. 

Department of Energy, Office of the 

General Counsel, GC–71, 1000 

Independence Avenue, SW., 

Washington, DC 20585. Telephone: 

(202) 586–7796. E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On June 

15, 2011, DOE published a notice of 

proposed determination (NOPD) in the 

Federal Register (76 FR 34914) to 

determine that set top boxes and 

network equipment meet the criteria for 

classification as a covered product 

under the Energy Policy and 

Conservation Act, as amended (EPCA, 

42 U.S.C. 6291, et seq.). The NOPD 

provided for the submission of 

comments by July 15, 2011. Interested 

parties requested an extension of the 

comment period. One commenter stated 

that it represented over 2000 companies 

who manufacture set top boxes and 

similar products, as well as component 

suppliers and service providers for such 

products. This commenter stated that it 

had commissioned a revision of its 2007 

energy use study examining power 

consumption data and trends for set-top 

boxes and other consumer electronics. 

The commenter indicated that the data 

in this study, due in late August 2011, 

would be helpful to DOE in determining 

how to proceed with its proposed 

determination, and that the study would 

also be helpful informing the comments 

submitted by the commenter on the 

proposal. Another commenter requested 

an extension of time to develop its 

comments, stating that additional time 

would allow them to provide better 

quality comments to DOE. DOE has 

determined that an extension of the 

public comment period is appropriate 

based on the foregoing reasons and is 

hereby extending the comment period. 

DOE will consider any comments 

received by 5 p.m. on September 30, 

2011 and deems any comments received 

between July 15, 2011 and 5 p.m. on 

September 30, 2011 to be timely 

submitted. 

Further Information on Submitting 

Comments 

Under 10 CFR Part 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies: One copy of 

the document including all the 

information believed to be confidential, 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include (1) a 

description of the items, (2) whether 

and why such items are customarily 

treated as confidential within the 

industry, (3) whether the information is 

generally known by or available from 

other sources, (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality, (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure, (6) when 

such information might lose its 

confidential character due to the 

passage of time, and (7) why disclosure 

of the information would be contrary to 

the public interest. 

Issued in Washington, DC on July 5, 2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–17215 Filed 7–7–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0713; Directorate 

Identifier 2011–CE–023–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aerona ́utica S.A. 

(EMBRAER) Model EMB–505 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 freeplay between the mass balance weight and 

the elevator structure. This condition if not 

corrected could lead to elevator flutter and 

possible loss of airplane control. 

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 August 22, 2011. 

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. 

For service information identified in 

this proposed AD, contact EMBRAER 

S.A., Phenom Maintenance Support, Av. 

Brig. Faria Lima, 2170, Sao Jose dos 

Campos—SP, CEP: 12227–901—PO Box: 

36/2, BRASIL; telephone: ++55 12 

3927–5383; fax: ++55 12 3927–2619; 

E-mail: 

phenom.reliability@embraer.com.br; 

Internet: http://www.embraer.com.br. 

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. 

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: Jim 

Rutherford, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; 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 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Proposed Rules 40287 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2011–0713; Directorate Identifier 

2011–CE–023–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:// 

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—BRAZIL (ANAC), 

which is the aviation authority for 

Brazil, has issued AD No.: 2011–05–05, 

effective date June 16, 2011 (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 freeplay between the mass balance weight and 

the elevator structure. This condition if not 

corrected could lead to elevator flutter and 

possible loss of airplane control. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, a corrective action is required. Thus, 

sufficient reason exists to request compliance 

with this AD in the indicated time limit. 

The MCAI requires replacement of the 

bolts that attach the balance mass 

weights to the elevator structure. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

EMBRAER S.A. has issued PHENOM 

Service Bulletin No.: 505–55–0002, 

dated January 14, 2011. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of 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 8 products of U.S. registry. 

We also estimate that it would take 

about 38 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $3,490 per 

product. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $53,760, or $6,720 per 

product. 

According to the manufacturer, some 

of the costs of this proposed 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 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–2011– 

0713; Directorate Identifier 2011–CE– 

023–AD. 

Comments Due Date 

(a) We must receive comments by August 

22, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Empresa Brasileira 

de Aerona ́utica S.A. (EMBRAER) Model 

EMB–505 airplanes, all serial numbers (SN) 

through 50500023, certificated in any 

category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 


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40288 Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Proposed Rules 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the possibility of freeplay between the mass balance weight and 

the elevator structure. This condition if not 

corrected could lead to elevator flutter and 

possible loss of airplane control. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, a corrective action is required. Thus, 

sufficient reason exists to request compliance 

with this AD in the indicated time limit. 

The MCAI requires replacement of the bolts 

that attach the balance mass weights to the 

elevator structure. 

Actions and Compliance 

(f) Unless already done, within 12 calendar 

months after the effective date of this AD, 

replace the bolts that attach the balance mass 

weights to the elevator structure following 

EMBRAER S.A. PHENOM Service Bulletin 

No.: 505–55–0002, dated January 14, 2011. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: The MCAI 

applies to SN 50500004 through 50500023. 

This AD applies to all SN through 50500023. 

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: Jim Rutherford, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; 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 

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. 

Related Information 

(h) Refer to MCAI AGEˆNCIA NACIONAL 

DE AVIAC ̧A ̃ O CIVIL—BRAZIL (ANAC) AD 

No.: 2011–05–05, effective date June 16, 

2011; and EMBRAER S.A. PHENOM Service 

Bulletin No.: 505–55–0002, dated January 14, 

2011, for related information. For service 

information related to this AD, contact 

EMBRAER S.A., Phenom Maintenance 

Support, Av. Brig. Faria Lima, 2170, Sao Jose 

dos Campos—SP, CEP: 12227–901—PO Box: 

36/2, BRASIL; telephone: ++55 12 3927– 

5383; fax: ++55 12 3927–2619; E-mail: 

phenom.reliability@embraer.com.br; Internet: 

http://www.embraer.com.br. 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. 

Issued in Kansas City, Missouri, on July 1, 

2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–17264 Filed 7–7–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0652; Directorate 

Identifier 2010–NM–045–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model MD–90–30 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Model MD–90–30 airplanes. This 

proposed AD would require repetitive 

eddy current high frequency (ETHF) 

inspections for cracking on the aft side 

of the left and right wing rear spar lower 

caps at station Xrs = 164.000, further 

ETHF inspections if cracks are found, 

and repair if necessary. This proposed 

AD would also require repetitive postrepair inspections and repair if 

necessary. This proposed AD was 

prompted by reports of cracks of the 

wing rear spar lower cap at the outboard 

flap, inboard drive hinge at station Xrs 

= 164.000. We are proposing this AD to 

detect and correct cracking of the left 

and right rear spar lower caps, which 

could result in fuel leaks and damage to 

the wing skin or other structure, and 

consequent loss of the structural 

integrity of the wing. 

DATES: We must receive comments on 

this proposed AD by August 22, 2011. 

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. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, 3855 

Lakewood Boulevard, MC D800–0019, 

Long Beach, California 90846–0001; 

telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

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: 

Roger Durbin, Airframe Branch, ANM– 

120L, FAA, Los Angeles Aircraft 

Certification Office (ACO), 3960 

Paramount Boulevard, Lakewood, 

California 90712–4137; phone (562) 

627–5233; fax (562) 627–5210; e-mail: 

roger.durbin@faa.gov. 

SUPPLEMENTARY INFORMATION: 


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