This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

24425 

Vol. 77, No. 79 

Tuesday, April 24, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0441; Directorate 

Identifier 2012–CE–011–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileria de Aerona ́utica S.A. 

(EMBRAER) 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 certain 

Empresa Brasileria de Aerona ́utica S.A. 

(EMBRAER) Model EMB–505 airplanes. 

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 an 

inadequate amount of drain holes in the 

primary control surfaces (rudder, 

elevator, and aileron) and their tab 

surfaces 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 

proposed AD to require actions to 

address the unsafe condition on these 

products. 

DATES: We must receive comments on 

this proposed AD by June 8, 2012. 

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 Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), Phenom Maintenance 

Support, Av. Brigadeiro Faria Lima, 

2170, Sa ̃o 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: http://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. 

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; email: 

jim.rutherford@faa.gov. 

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–2012–0441; Directorate Identifier 

2012–CE–011–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 (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directive 2012–03–01, 

dated March 20, 2012 (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 

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. 

Relevant Service Information 

EMBRAER has issued Phenom 

Service Bulletin No. 505–57–0002, 

dated February 13, 2012; Phenom 

Service Bulletin No. 505–57–0003, 

dated November 16, 2011; and Phenom 

Service Bulletin No. 505–57–0004, 

dated February 16, 2012. 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 

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24426 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules 

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. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 38 products of U.S. registry. 

We also estimate that it would 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 proposed AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of the proposed 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 would 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 would 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 

proposed AD. The average labor rate is 

$85 per work-hour. Required parts 

would cost about $100 per product. 

Based on these figures, we estimate 

the cost of the proposed 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 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), 

(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. 

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 Brasileria de Aerona ́utica S.A. 

(EMBRAER): Docket No. FAA–2012– 

0441; Directorate Identifier 2012–CE– 

011–AD. 

(a) Comments Due Date 

We must receive comments by June 8, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the following Empresa 

Brasileria de Aerona ́utica S.A. (EMBRAER) 

Model EMB–505 airplanes certificated in any 

category. 

(1) Group 1: Serial numbers (S/Ns) 

50500030, 50500033 thru 50500037, 

50500039, 50500040, 50500044, and 

50500046. 

(2) Group 2: S/Ns 5050004 thru 50500029, 

50500031, 50500032, 50500038, 50500041 

thru 50500043, 50500045, 50500047 thru 

50500059, 50500061, 50500063, 50500065 

thru 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 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 the effective date of this AD or 

within the next 3 calendar months after the 

effective date of this AD, whichever occurs 

first, visually inspect the right-hand (RH) and 

left-hand (LH) ailerons lower skin for the 

existence of required drain holes. 

(ii) Before further flight after the 

inspections 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 the 

effective date of this AD, rework the ailerons, 

ailerons trim-tabs, ailerons horn cover, 

rudder, rudder trim-tab, elevators and 

elevators 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 the effective date of this AD, 

rework the ailerons, ailerons trim-tabs, 

ailerons horn cover, 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: 

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules 24427 

(i) Within the next 24 months after the 

effective date of this AD, rework the rudder, 

rudder trim-tab, elevators and elevators autotab surfaces by drilling additional drain 

holes. 

(ii) Within the next 24 months after the 

effective date of this AD, inspect the ailerons 

for the existence of required drain holes. 

(iii) Before further flight after the 

inspections 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 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 Ageˆncia Nacional de 

Aviac ̧a ̃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. For service 

information related to this AD, contact 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER), Phenom Maintenance Support, 

Av. Brigadeiro Faria Lima, 2170, Sa ̃o 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: 

http://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. 

Issued in Kansas City, Missouri, on April 

18, 2012. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–9794 Filed 4–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 38 

[Docket No. RM05–5–020] 

Standards for Business Practices and 

Communication Protocols for Public 

Utilities 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) is 

proposing to amend its regulations to 

incorporate by reference the business 

practice standards adopted by the 

Wholesale Electric Quadrant of the 

North American Energy Standards 

Board (NAESB) that pertain to the 

measurement and verification of 

demand response and energy efficiency 

resources participating in organized 

wholesale electricity markets. NAESB 

adopted the measurement and 

verification of demand response 

standards in response to the 

Commission’s findings in Order No. 

676–F. 

DATES: Comments are due June 25, 2012. 

ADDRESSES: Comments, identified by 

docket number RM05–5–020, may be 

filed in the following ways: 

• Electronic Filing through http:// 

www.ferc.gov. Documents created 

electronically using word processing 

software should be filed in native 

applications or print-to-PDF format and 

not in a scanned format. 

• Mail/Hand Delivery: Those unable 

to file electronically may mail or handdeliver comments to: Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street NE., 

Washington, DC 20426. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Comment Procedures Section of 

this document. 

These standards can be obtained from 

NAESB at 801 Travis Street, Suite 1675, 

Houston, TX 77002, telephone: (713) 

356–0060, http://www.naesb.org, and 

are available for viewing in the 

Commission’s Public Reference Room. 

FOR FURTHER INFORMATION CONTACT: 

David Kathan (Technical Issues), Office 

of Energy Policy and Innovation, 

Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426, (202) 502– 

6404, david.kathan@ferc.gov; 

Dennis Hough (Legal Issues), Office of 

the General Counsel, Federal Energy 

Regulatory Commission, 888 First 

Street NE., Washington, DC 20426, 

(202) 502–8631, 

dennis.hough@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Paragraph 

Nos. 

I. Background ............................................................................................................................................................................................ 2 

II. Discussion ............................................................................................................................................................................................ 10 

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