Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Proposed Rules 57039 

At the February 22, 2012, meeting, the 

Committee discussed the impact of the 

proposed changes on handlers and 

producers. The proposed action would 

be a relaxation of the current handling 

regulation, allowing an additional 30 

days for industry participants to fully 

supply the market with the total amount 

of spearmint oil allotted under the 

volume regulation provisions of the 

order. The benefits of this rule are not 

expected to be disproportionately 

greater or less for small handlers or 

producers than for larger entities. 

The Committee discussed alternatives 

to these proposed changes, including 

making no changes at all, changing the 

dates but keeping them within the 

month of November, and extending the 

dates further into December or into 

January. The Committee thought that 

maintaining the dates in the current 

regulations would not be responsive to 

the changing production practices of the 

industry. In addition, they felt that the 

dates should be extended at least 30 

days for the change to be meaningful. 

However, the Committee believed that 

extending the dates any further than the 

proposed dates would affect the 

Committee’s ability to establish accurate 

reports for the completed harvest season 

in a timely manner. The Committee 

members unanimously agreed that 

changing the dates for transferring, 

storing, and pooling excess oil from 

November 1 to December 1 addressed 

the industry’s current needs without 

negatively impacting the operation of 

the Committee. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0178, 

Vegetable and Specialty Crops. No 

changes in those requirements as a 

result of this action are necessary. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This proposed rule would change the 

date by which excess oil must be 

transferred between producers to fill 

annual allotment deficiencies or 

delivered to the Committee or its 

designees for storage from November 1 

to December 1. In addition, the rule 

would change the date the Committee 

must pool identified excess oil as 

reserve oil from November 1 to 

December 1. The rule would be a 

relaxation of the volume regulation 

provisions of the order. No changes in 

the reporting or recordkeeping 

requirements would be necessary as a 

result of this action. Accordingly, this 

proposed rule would not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

spearmint oil producers or handlers. As 

with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. Furthermore, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this proposed rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

spearmint oil industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the February 22, 

2012, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

Finally, interested persons are invited to 

submit comments on this proposed rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Laurel May at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

A 60-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. All written 

comments timely received will be 

considered before a final determination 

is made on this matter. 

List of Subjects in 7 CFR Part 985 

Marketing agreements, Oils and fats, 

Reporting and recordkeeping 

requirements, Spearmint oil. 

For the reasons set forth in the 

preamble, 7 CFR part 985 is proposed to 

be amended as follows: 

PART 985—MARKETING ORDER 

REGULATING THE HANDLING OF 

SPEARMINT OIL PRODUCED IN THE 

FAR WEST 

1. The authority citation for 7 CFR 

part 985 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. Revise § 985.156 to read as follows: 

§ 985.156 Transfer of excess oil by 

producers. 

(a) Pursuant to § 985.56(a), before 

December 1 of each marketing year, a 

producer, following notification of the 

Committee, may transfer excess oil to 

another producer to enable that 

producer to fill a deficiency in that 

producer’s annual allotment. 

(b) Pursuant to § 985.56(b), before 

December 1 of each marketing year, 

excess oil not used to fill another 

producer’s deficiency shall be delivered 

to the Committee or its designees for 

storage. 

3. Add § 985.157 to read as follows: 

§ 985.157 Reserve pool requirements. 

Pursuant to § 985.57(a), on December 

1, the Committee shall pool identified 

excess oil as reserve oil in such manner 

as to accurately account for its receipt, 

storage, and disposition. 

Dated: September 12, 2012. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–22834 Filed 9–14–12; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2012–0978; Notice No. 25– 

12–03–SC] 

Special Conditions: Embraer S.A., 

Model EMB–550 Airplane; Electronic 

Flight Control System: Control Surface 

Awareness and Mode Annunciation 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Embraer S.A. Model 

EMB–550 airplane. This airplane will 

have a novel or unusual design 

feature(s) associated with the control 

surface awareness and mode 

annunciation of the electronic flight 

control system. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These proposed 

special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: Send your comments on or 

before November 1, 2012. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
57040 Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Proposed Rules 

ADDRESSES: Send comments identified 

by docket number FAA–2012–0978 

using any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, 

DC, 20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 8 

a.m. and 5 p.m., Monday through 

Friday, except federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo. 

dot.gov/. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov/at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except federal holidays. 

FOR FURTHER INFORMATION CONTACT: Joe 

Jacobsen, FAA, Airplane and Flight 

Crew Interface Branch, ANM–111, 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone 425–227–2011; facsimile 

425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. 

We will consider all comments we 

receive on or before the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On May 14, 2009, Embraer S.A. 

applied for a type certificate for their 

new Model EMB–550 airplane. The 

Model EMB–550 airplane is the first of 

a new family of jet airplanes designed 

for corporate flight, fractional, charter, 

and private owner operations. The 

aircraft has a conventional configuration 

with low wing and T-tail empennage. 

The primary structure is metal with 

composite empennage and control 

surfaces. The Model EMB–550 airplane 

is designed for 8 passengers, with a 

maximum of 12 passengers. It is 

equipped with two Honeywell 

HTF7500–E medium bypass ratio 

turbofan engines mounted on aft 

fuselage pylons. Each engine produces 

approximately 6,540 pounds of thrust 

for normal takeoff. The primary flight 

controls consist of hydraulically 

powered fly-by-wire elevators, aileron 

and rudder, controlled by the pilot or 

copilot sidestick. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.17, 

Embraer S.A. must show that the Model 

EMB–550 airplane meets the applicable 

provisions of part 25, as amended by 

Amendments 25–1 through 25–127. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Model EMB–550 airplane 

because of a novel or unusual design 

feature, special conditions are 

prescribed under the provisions of 

§ 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same or similar novel 

or unusual design feature, the special 

conditions would also apply to the other 

model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Model EMB–550 

airplane must comply with the fuel vent 

and exhaust emission requirements of 

14 CFR part 34 and the noise 

certification requirements of 14 CFR 

part 36 and the FAA must issue a 

finding of regulatory adequacy under 

§ 611 of Public Law 92–574, the ‘‘Noise 

Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The Model EMB–550 airplane will 

incorporate the following novel or 

unusual design features: The Embraer 

S.A. Model EMB–550 airplane will have 

a fly-by-wire electronic flight control 

system and no direct coupling from the 

flightdeck controller to the control 

surface. As a result, the pilot is not 

aware of the actual control surface 

position as envisioned when part 25 

was written. 

Discussion 

This special condition proposes that 

the flightcrew receive a suitable flight 

control position annunciation when a 

flight condition exists in which nearly 

full surface authority (not crewcommanded) is being used. Suitability 

of such a display must take into account 

that some pilot-demanded maneuvers 

(e.g., rapid roll) are necessarily 

associated with intended full 

performance, which may saturate the 

surface. Therefore, simple alerting 

systems function in both intended and 

unexpected control-limiting situations. 

As a result, they must be properly 

balanced between providing necessary 

crew awareness and being a potential 

nuisance to the flightcrew. A monitoring 

system that compares airplane motion 

and surface deflection with the demand 

of the pilot sidestick controller could 

help reduce nuisance alerting. 

This special condition also addresses 

flight control system mode 

annunciation. It proposes suitable mode 

annunciation be provided to the 

flightcrew for events that significantly 

change the operating mode of the 

system but do not merit the classic 

‘‘failure warning.’’ 

This proposed special condition 

would establish a level of safety 

equivalent to that provided by a 

conventional flight control system and 

that contemplated in existing 

regulations. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

EMB–550 airplane. Should Embraer 

S.A. apply at a later date for a change 

to the type certificate to include another 

model incorporating the same novel or 

unusual design feature, the special 

conditions would apply to that model as 

well. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Proposed Rules 57041 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplanes. It is not a rule of general 

applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for Model 

EMB–550 airplanes. 

1. Electronic Flight Control System: 

Control Surface Awareness and Mode 

Annunciation. In addition to the 

requirements of §§ 25.143, 25.671, and 

25.672, the following requirements 

apply: 

a. The system design must ensure that 

the flightcrew is made suitably aware 

whenever the primary control means 

nears the limit of control authority. 

Note: The term ‘‘suitably aware’’ indicates 

annunciations provided to the flightcrew are 

appropriately balanced between nuisance 

and that necessary for crew awareness. 

b. If the design of the flight control 

system has multiple modes of operation, 

a means must be provided to indicate to 

the crew any mode that significantly 

changes or degrades the normal 

handling or operational characteristics 

of the airplane. 

Issued in Renton, Washington, on 

September 7, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–22777 Filed 9–14–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0820; Directorate 

Identifier 2010–NE–31–AD] 

RIN 2120–AA64 

Airworthiness Directives; Thielert 

Aircraft Engines GmbH Models TAE 

125–01, TAE 125–02–99, and TAE 125– 

02–114 Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

that applies to all Thielert Aircraft 

Engines (TAE) GmbH Models TAE 125– 

01, TAE 125–02–99, and TAE 125–02– 

114 Reciprocating Engines. The existing 

AD currently requires installation of 

full-authority digital electronic control 

(FADEC) software version 2.91. Since 

we issued that AD, we have received 

reports of possible power loss on 

airplanes equipped with TAE 125 

engines. This proposed AD would 

require removing all software mapping 

versions prior to 292, 301, or 302, 

applicable to the TAE engine model. We 

are proposing this AD to prevent engine 

power loss or in-flight shutdown, 

resulting in reduced control of or 

damage to the airplane. 

DATES: We must receive comments on 

this proposed AD by November 16, 

2012. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this AD, contact Thielert Aircraft 

Engines GmbH, Platanenstrasse 14 D– 

09350, Lichtenstein, Germany, phone: 

+49–37204–696–0; fax: +49–37204– 

696–55; email: info@centurionengines.com. You may view this service 

information at the FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

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 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Alan Strom, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

email: alan.strom@faa.gov; phone: 781– 

238–7143; fax: 781–238–7199. 

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–2010–0820; Directorate Identifier 

2010–NE–31–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 

On March 22, 2011 we issued AD 

2011–07–09, amendment 39–16646 (76 

FR 17757, March 31, 2011), for Thielert 

Aircraft Engines GmbH models TAE 

125–01, TAE 125–02–99, and TAE 125– 

02–114 reciprocating engines installed 

in, but not limited to, Cessna 172 and 

(Reims-built) F172 series (European 

Aviation Safety Agency (EASA) STC No. 

EASA.A.S.01527); Piper PA–28 series 

(EASA STC No. EASA.A.S. 01632); 

APEX (Robin) DR 400 series (EASA STC 

No. A.S.01380); and Diamond Aircraft 

Industries Models DA 40, DA 42, and 

DA 42M NG airplanes. That AD requires 

installation of FADEC software version 

2.91. That AD resulted from service 

experience that showed the FADEC 

channel B manifold air pressure sensor 

hose permeability was not always 

recognized as a fault by the FADEC. We 

issued that AD to prevent engine power 

loss or in-flight shutdown, resulting in 

reduced control of or damage to the 

airplane. 

Actions Since Existing AD Was Issued 

Since we issued AD 2011–07–09, we 

have received reports of possible power 

loss on airplanes equipped with TAE 

125 engines. The preliminary 

investigation results have shown that an 


sroberts on DSK5SPTVN1PROD with PROPOSALS