45558 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 

County, which is in the Dallas wage 

area. Although a standard review of 

regulatory criteria shows that the 

proximity criterion favors defining 

Angelina County to the Rapides wage 

area, we believe the organizational 

relationship between the Charles Wilson 

VA Outpatient Clinic and its parent 

facility, the Michael E. DeBakey VA 

Medical Center, supports defining 

Angelina County to the Dallas wage 

area. An additional factor to consider is 

the relative proximity of the Medical 

Center to the Outpatient Clinic. There is 

a distance of only 128 miles (206 km) 

separating the two facilities. The 

distance from the Outpatient Clinic to 

the host activity in the Rapides wage 

area is 126 miles (203 km). The 

difference between these distances is 

only 2 miles. Based on our analysis of 

the organizational relationship and 

geographic proximity of the Medical 

Center and its Outpatient Clinic, OPM 

proposes to define Angelina County to 

the Dallas NAF wage area. 

The proposed Dallas NAF wage area 

would consist of one survey county, 

Dallas County, TX, and four area of 

application counties: Angelina, Fannin, 

Galveston, and Harris Counties, TX. 

Santa Clara, CA 

On March 9, 2009, we published a 

final rule (74 FR 9951) that abolished 

the Santa Clara, CA, NAF FWS wage 

area. Therefore, ‘‘Santa Clara’’ should be 

removed under the State of California in 

Appendix B to subpart B of part 532— 

Nationwide Schedule of 

Nonappropriated Fund Regular Wage 

Schedules. 

Regulatory Flexibility Act 

I certify that these regulations would 

not have a significant economic impact 

on a substantial number of small entities 

because they would affect only Federal 

agencies and employees. 

List of Subjects in 5 CFR Part 532 

Administrative practice and 

procedure, Freedom of information, 

Government employees, Reporting and 

recordkeeping requirements, Wages. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

Accordingly, the U.S. Office of 

Personnel Management proposes to 

amend 5 CFR part 532 as follows: 

PART 532—PREVAILING RATE 

SYSTEMS 

1. The authority citation for part 532 

continues to read as follows: 

Authority: 5 U.S.C. 5343, 5346; § 532.707 

also issued under 5 U.S.C. 552. 

Appendix B to Subpart B of Part 532— 

[Amended] 

2. Appendix B to subpart B is 

amended by removing, under the State 

of California, the entry for ‘‘Santa Clara.’’ 

3. Appendix D to subpart B is 

amended by revising the wage area 

listing for the Oklahoma, OK, and 

Dallas, TX, NAF wage areas to read as 

follows: 

Appendix D to Subpart B of Part 532— 

Nonappropriated Fund Wage and 

Survey Areas 

***

* 

OKLAHOMA 

***

* 

Oklahoma 

Survey Area 

Oklahoma: 

Oklahoma 

Area of Application. Survey 

area plus: 

Oklahoma: 

Garfield 

Muskogee 

Pittsburg 

Tulsa 

***

* * 

TEXAS 

***

* * 

Dallas 

Survey Area 

Texas: 

Dallas 

Area of Application. Survey 

area plus: 

Texas: 

Angelina 

Fannin 

Galveston 

Harris 

***

* * 

[FR Doc. 2010–18903 Filed 8–2–10; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0754; Directorate 

Identifier 2010–CE–039–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica 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 that certain regions of the 

elevators, elevators trim tabs, and ailerons do 

not present drain holes to avoid water 

accumulation inside of these flight 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. 

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 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 September 17, 

2010. 

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. 


erowe on DSK5CLS3C1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 45559 

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–2010–0754; Directorate Identifier 

2010–CE–039–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—BRAZIL, which is 

the aviation authority for Brazil, has 

issued AD No.: 2010–07–01, dated 

August 9, 2010 (referred to after this as 

‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

It has been found that certain regions of the 

elevators, elevators trim tabs, and ailerons do 

not present drain holes to avoid water 

accumulation inside of these flight 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. 

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 you to drill new 

drain holes in the elevators, elevators 

trim tabs, and ailerons surfaces. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Empresa Brasileira de Aerona ́utica 

S.A. (EMBRAER) has issued Service 

Bulletin 500–57–0001, dated April 28, 

2010. 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 78 products of U.S. registry. 

We also estimate that it would take 

about 18 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 $128 per 

product. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $129,324, or $1,658 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: 


erowe on DSK5CLS3C1PROD with PROPOSALS3
45560 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 

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 Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2010– 

0754; Directorate Identifier 2010–CE– 

039–AD. 

Comments Due Date 

(a) We must receive comments by 

September 17, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model EMB–500 

airplanes, serial numbers 50000005 through 

50000134, 50000136, 50000137, and 

50000139 through 50000165, 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 that certain regions of the 

elevators, elevators trim tabs, and ailerons do 

not present drain holes to avoid water 

accumulation inside of these flight 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. 

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 you to drill new drain 

holes in the elevators, elevators trim tabs, 

and ailerons surfaces. You may obtain further 

information by examining the MCAI in the 

AD docket. 

Actions and Compliance 

(f) Unless already done, within the next 24 

calendar months after the effective date of 

this AD, rework the elevators, elevators trim 

tabs, and ailerons surfaces by drilling 

additional drain holes in them following 

Empresa Brasileira de Aerona ́utica S.A. 

(EMBRAER) Service Bulletin 500–57–0001, 

dated April 28, 2010. 

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 

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—BRAZIL (ANAC), AD 

No.: 2010–07–01, dated August 9, 2010; and 

Empresa Brasileira de Aerona ́utica S.A. 

(EMBRAER) Service Bulletin 500–57–0001, 

dated April 28, 2010, for related information. 

Issued in Kansas City, Missouri, on July 26, 

2010. 

Christina L. Marsh, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–19019 Filed 8–2–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0755; Directorate 

Identifier 2010–NE–12–AD] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

plc (RR) RB211–Trent 800 Series 

Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), 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) 

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: 

Revision of the Critical Part lives has been 

necessary due to actual operational flight 

profiles not conforming to those assumed at 

entry into service and is associated with a 

revised Flight Profile Monitoring 

methodology (originally based on engine 

thrust rating but now based on operating 

shaft speeds) introduced by Rolls-Royce. 

The new Flight Profile Monitoring 

methodology allows for seven new profiles 

replacing the previous three. Six of these 

profiles, A to F, are intended to cover the 

requirements of most operators. The Declared 

Life (in Standard Duty Cycles) is published 

for each part and life usage may be accounted 

by factoring the number of flights flown. The 

factor to be used is defined according to the 

Flight Profile which is applicable to the fleet. 

The seventh profile, called ‘‘Heavy’’, will be 

applicable to fleets operating outside profiles 

A to F. A separate Declared Life (in Flight 

Cycles) is published for each part and life 

usage is accounted without factoring. 

We are proposing this AD to prevent 

failure of critical rotating parts from 

exceeding the new, lower life limits, 

which could result in uncontained 

failure of the engine and damage to the 

airplane. 

DATES: We must receive comments on 

this proposed AD by September 17, 

2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

Contact Rolls-Royce plc, P.O. Box 31, 

Derby, DE24 8BJ, United Kingdom: 

Telephone 44 (0) 1332 242424; fax 44 

(0) 1332 249936, for the service 

information identified in this proposed 

AD. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 


erowe on DSK5CLS3C1PROD with PROPOSALS3