Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations 39159 

(A) Inspect the IP shaft rigid coupling 

splines as specified in paragraphs (f)(1) or 

(f)(2) of this AD as applicable and determine 

the next inspection interval using Figure 10 

of RR RB211 Trent 900 Series Propulsion 

Systems Alert NMSB No. RB.211–72–AG329, 

Revision 4, dated March 23, 2012; and 

(B) Do not install an engine that has an IP 

shaft with an average spline crest length 

measured dimension of less than 0.5 mm. 

(ii) Before installing an engine in the same 

position on the airplane it was removed from: 

(A) Inspect the IP shaft rigid coupling 

splines using paragraph (f)(1) or (f)(2) of this 

AD as applicable and determine the next 

inspection interval; and 

(B) Do not install an engine that has an IP 

shaft with an average spline crest length 

measured dimension of less than 0.5 mm. 

(g) Engines That Have Incorporated RR 

RB211 Trent 900 Series Propulsion Systems 

SB No. RB.211–72–G585, Original Issue, or 

Any Revision 

(1) On-Wing Borescope Inspections 

(i) Initially borescope-inspect the IP shaft 

rigid coupling splines before accumulating 

400 FCSN or 400 cycles since the last 

inspection per paragraph (g)(2)(i) of this AD. 

Use paragraph 3.A.(2) of RR RB211 Trent 900 

Series Propulsion Systems Alert NMSB No. 

RB.211–72–AG871, dated March 23, 2012, to 

do the inspection. 

(ii) Repetitively borescope-inspect the IP 

shaft rigid coupling splines. Use paragraphs 

3.A.(2)(e), 3.A.(2)(f), and 3.A.(3) of RR RB211 

Trent 900 Series Propulsion Systems Alert 

NMSB No. RB.211–72–AG871, dated March 

23, 2012, to determine the re-inspection 

interval and to do the inspections. 

(2) In-Shop Inspections 

(i) At every shop visit after the effective 

date of this AD, where the IP shaft rigid 

coupling is exposed, visually inspect and 

MPI the IP shaft rigid coupling splines. 

(ii) At every shop visit after the effective 

date of this AD, where the IP shaft rigid 

coupling is not exposed, borescope-inspect 

using paragraphs 3.A.(2)(a) through 3.A.(2)(f) 

of RR RB211 Trent 900 Series Propulsion 

Systems Alert NMSB No. RB.211–72–AG871, 

dated March 23, 2012. 

(A) If at the time of initial inspection, the 

average value of length ‘‘B’’ is equal to, or 

less than, 6.00 mm, repeat the borescope 

inspection using paragraph (g)(1) or (g)(2) of 

this AD within 400 flight cycles. 

(B) If at the time of initial inspection the 

average value of length ‘‘B’’ is greater than 

6.00 mm, MPI the IP turbine shaft, and 

visually inspect and MPI the intermediate 

turbine shaft and IP rigid coupling. 

(3) After Any Shop Inspection 

After any shop inspection, where the rigid 

shaft coupling is exposed, perform a 

borescope inspection per paragraph (g)(1) of 

this AD within 400 cycles after the in-shop 

visual inspection and MPI. 

(h) Definition 

For the purpose of this AD, a shop visit is 

the induction of an engine into the shop for 

maintenance involving the separation of 

pairs of major mating engine flanges, except 

that the separation of engine flanges solely 

for the purposes of transportation without 

subsequent engine maintenance does not 

constitute an engine shop visit. 

(i) Credit for Previous Actions for Engines 

That Have Not Incorporated RR RB211 

Trent 900 Series Propulsion Systems SB No. 

RB.211–72–G585 

If you performed inspections and 

corrective actions that are required by 

paragraph (f) of this AD using RR RB211 

Trent 900 Series Propulsion Systems Alert 

NMSB No. RB.211–72–AG329, Original 

Issue, dated November 26, 2009; Revision 1, 

dated January 13, 2010; Revision 2, dated 

July 7, 2010; or Revision 3, dated November 

25, 2010, before the effective date of this AD, 

you have met the requirements of paragraph 

(f) of this AD. 

(j) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

may approve AMOCs for this AD. Use the 

procedures found in 14 CFR 39.19 to make 

your request. 

(k) Related Information 

(1) For more information about this AD, 

contact Alan Strom, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7143; fax: 781–238–7199; 

email: alan.strom@faa.gov. 

(2) Refer to European Aviation Safety 

Agency AD 2012–0057, dated April 3, 2012, 

and AD 2012–0057 (corrected), dated April 

20, 2012, for related information. 

(3) RB211–Trent 900 Engine Manual, tasks 

72–33–21–200–804 and 72–00–00–200–808, 

pertain to the visual inspections and MPIs 

required by this AD. 

(l) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) under 5 

U.S.C. 552(a) and 1 CFR part 51 of the 

following service information: 

(i) Rolls-Royce plc RB211 Trent 900 Series 

Propulsion Systems Alert Non-Modification 

Service Bulletin No. RB.211–72–AG329, 

Revision 4, dated March 23, 2012. 

(ii) Rolls-Royce plc RB211 Trent 900 Series 

Propulsion Systems Alert Non-Modification 

Service Bulletin No. RB.211–72–AG871, 

dated March 23, 2012. 

(2) For service information identified in 

this AD, contact Rolls-Royce plc, Corporate 

Communications, P.O. Box 31, Derby, 

England, DE248BJ, phone: 011–44–1332– 

242424; fax: 011–44–1332–245418, or email: 

http://www.rolls-royce.com/contact/ 

civil_team.jsp. 

(3) You may review copies at the FAA, 

New England Region, 12 New England 

Executive Park, Burlington, MA. For 

information on the availability of this 

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

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal-register/ 

cfr/ibr-locations.html. 

Issued in Burlington, Massachusetts, on 

June 5, 2012. 

Peter A. White, 

Manager, Engine & Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–15985 Filed 6–29–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0441; Directorate 

Identifier 2012–CE–011–AD; Amendment 

39–17106; AD 2012–13–04] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileria de Aerona ́utica S.A. 

(EMBRAER) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Empresa Brasileria de Aerona ́utica S.A. 

(EMBRAER) Model EMB–505 airplanes. 

This 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 an inadequate 

amount of drain holes in the primary 

control surfaces (rudder, elevator, and 

aileron) and their tab surfaces, which 

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 AD to 

require actions to address the unsafe 

condition on these products. 

DATES: This AD is effective August 6, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of August 6, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 


pmangrum on DSK3VPTVN1PROD with RULES
39160 Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations 

For service information identified in 

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—PO 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. 

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: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on April 24, 2012 (77 FR 

24425). That NPRM proposed 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. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (77 

FR 24425, April 24, 2012) or on the 

determination of the cost to the public. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

24425, April 24, 2012) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 24425, 

April 24, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

38 products of U.S. registry. 

We also estimate that it will 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 AD. The average 

labor rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of the 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 will 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 will 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 AD. The average 

labor rate is $85 per work-hour. 

Required parts will cost about $100 per 

product. 

Based on these figures, we estimate 

the cost of the 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 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 AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

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 AD: 

(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. 

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 the NPRM, 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 


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Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations 39161 

2012–13–04 Empresa Brasileria de 

Aerona ́utica S.A. (EMBRAER): 

Amendment 39–17106; Docket No. 

FAA–2012–0441; Directorate Identifier 

2012–CE–011–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective August 6, 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 through 50500037, 

50500039, 50500040, 50500044, and 

50500046. 

(2) Group 2: S/Ns 5050004 through 

50500029, 50500031, 50500032, 50500038, 

50500041 through 50500043, 50500045, 

50500047 through 50500059, 50500061, 

50500063, 50500065 through 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, which 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 August 6, 2012 (the effective 

date of this AD) or within the next 3 calendar 

months after August 6, 2012 (the effective 

date of this AD), whichever occurs first, 

visually inspect the right-hand (RH) and lefthand (LH) aileron lower skin for the 

existence of required drain holes. 

(ii) Before further flight after the inspection 

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 

August 6, 2012 (the effective date of this AD), 

rework the ailerons, aileron trim-tabs, aileron 

horn covers, rudder, rudder trim-tab, 

elevators, and elevator 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 August 6, 2012 (the effective 

date of this AD), rework the ailerons, aileron 

trim-tabs, aileron horn covers, 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: 

(i) Within the next 24 months after August 

6, 2012 (the effective date of this AD), rework 

the rudder, rudder trim-tab, elevators, and 

elevators auto-tab surfaces by drilling 

additional drain holes. 

(ii) Within the next 24 months after August 

6, 2012 (the effective date of this AD), inspect 

the ailerons for the existence of required 

drain holes. 

(iii) Before further flight after the 

inspection 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 August 

6, 2012 (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. 

(i) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) under 5 

U.S.C. 552(a) and 1 CFR part 51 of the 

following service information on: 

(i) EMBRAER Phenom Service Bulletin No. 

505–57–0002, dated February 13, 2012; 

(ii) EMBRAER Phenom Service Bulletin 

No. 505–57–0003, dated November 16, 2011; 

and 

(iii) EMBRAER Phenom Service Bulletin 

No. 505–57–0004, dated February 16, 2012. 

(2) For service information identified in 

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. 

(3) You may review copies of the service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 


pmangrum on DSK3VPTVN1PROD with RULES
39162 Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations 

availability of this material at the FAA, call 

(816) 329–4148. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on June 

21, 2012. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–15752 Filed 6–29–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 120112039–2176–03] 

RIN 0694–AF45 

Implementation of the Understandings 

Reached at the 2011 Australia Group 

(AG) Plenary Meeting and Other AGRelated Clarifications to the EAR 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) publishes this final rule 

to amend the Export Administration 

Regulations (EAR) to implement the 

understandings reached at the June 2011 

plenary meeting of the Australia Group 

(AG). This rule amends the Commerce 

Control List (CCL) entry in the EAR that 

controls human and zoonotic pathogens 

and ‘‘toxins’’ and the entry that controls 

genetic elements and genetically 

modified organisms to reflect changes to 

the AG ‘‘List of Biological Agents for 

Export Control’’ that were made based 

on the understandings adopted at the 

June 2011 AG plenary meeting. In 

addition, this rule amends the CCL 

entries in the EAR that control chemical 

manufacturing facilities and equipment, 

and equipment capable of use in 

handling biological materials to reflect 

the June 2011 AG plenary changes to the 

‘‘Control List of Dual-Use Chemical 

Manufacturing Facilities and Equipment 

and Related Technology and Software’’ 

and the ‘‘Control List of Dual-Use 

Biological Equipment and Related 

Technology and Software,’’ respectively. 

DATES: This rule is effective July 2, 

2012. 

ADDRESSES: Send comments regarding 

this collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), by email to 

Jasmeet_K._Seehra@omb.eop.gov, or by 

fax to (202) 395–7285; and to the 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, 14th Street & Pennsylvania 

Avenue NW., Room 2705, Washington, 

DC 20230. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Sangine, Director, Chemical 

and Biological Controls Division, Office 

of Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Telephone: (202) 482–3343. 

SUPPLEMENTARY INFORMATION: 

Background 

The Bureau of Industry and Security 

(BIS) is amending the Export 

Administration Regulations (EAR) to 

implement the understandings reached 

at the June 2011 plenary meeting of the 

Australia Group (AG). The AG is a 

multilateral forum consisting of 40 

participating countries that maintain 

export controls on a list of chemicals, 

biological agents, and related equipment 

and technology that could be used in a 

chemical or biological weapons 

program. The AG periodically reviews 

items on its control list to enhance the 

effectiveness of participating 

governments’ national controls and to 

achieve greater harmonization among 

these controls. 

The June 2011 AG plenary meeting 

adopted understandings that affected 

the AG ‘‘List of Biological Agents for 

Export Control,’’ the AG ‘‘Control List of 

Dual-Use Chemical Manufacturing 

Facilities and Equipment and Related 

Technology and Software’’ and the AG 

‘‘Control List of Dual-Use Biological 

Equipment and Related Technology and 

Software.’’ 

This rule amends Export Control 

Classification Numbers (ECCNs) 1C351 

and 1C353 to reflect the AG changes to 

the ‘‘List of Biological Agents for Export 

Control.’’ Specifically, ECCN 1C351 

(Human and zoonotic pathogens and 

‘‘toxins’’) is amended by removing and 

reserving paragraph .b (Rickettsiae), 

since these organisms are more 

appropriately identified as bacteria. 

Coxiella burnetii and Rickettsia 

prowasecki (a.k.a. Rickettsia 

prowazekii), which were previously 

controlled under ECCN 1C351.b.2 and 

.b.3, respectively, are now controlled as 

bacteria under ECCN 1C351.c.10 and 

.c.13, respectively. Bartonella Quintana 

(Rochalimea Quintana, Rickettsia 

Quintana) and Rickettsia rickettsii, 

which were previously controlled under 

ECCN 1C351.b.1 and .b.4, respectively, 

are removed from ECCN 1C351, since 

they are no longer included on the AG 

‘‘List of Biological Agents.’’ 

ECCN 1C353 (Genetic elements and 

genetically modified organisms) is 

amended by revising Technical Note 1 

and adding a new Technical Note 4 to 

clarify that this ECCN controls certain 

de novo chemically synthesized genetic 

material and artificially-produced 

organisms. Specifically, Technical Note 

1 to ECCN 1C353 is revised to indicate 

that ‘‘genetic elements’’ also include 

chromosomes, genomes, plasmids, 

transposons, and vectors that have been 

‘‘chemically synthesized in whole or in 

part.’’ New Technical Note 4 to ECCN 

1C353 indicates that ‘‘genetically 

modified organisms’’ include 

‘‘organisms in which the genetic 

material (nucleic acid sequences) has 

been altered in a way that does not 

occur naturally by mating and/or 

natural recombination, and 

encompasses those produced artificially 

in whole or in part.’’ 

This rule also amends ECCN 2B350 

(Chemical manufacturing facilities and 

equipment) by adding a new Technical 

Note 3, at the end of the entry, to clarify 

that materials used for gaskets, packing, 

seals, screws or washers, or other 

materials performing a sealing function, 

do not determine the control status of 

the items listed in ECCN 2B350, 

provided that such components are 

designed to be interchangeable. 

In addition, this rule amends ECCN 

2B352 (Equipment capable of use in 

handling biological materials) by 

revising the introductory text of 

paragraph .d.1 to remove the phrase 

‘‘without propagation of aerosols.’’ 

Participating countries at the 2011 AG 

plenary agreed that this phrase was 

redundant, as it applied to cross 

(tangential) flow filtration equipment 

capable of separation of pathogenic 

microorganisms, viruses, toxins or cell 

cultures. 

Finally, this rule amends ECCNs 

2B350 and 2B352 to clarify certain 

control parameters for pumps (i.e., 

multiple-seal and seal-less pumps and 

vacuum pumps) and steam sterilizable 

freeze-drying (lyophilization) 

equipment, respectively. Specifically, 

ECCN 2B350.i is amended by adding 

two parenthetical phrases in the 

introductory text to specify the 

maximum flow-rate of such pumps in 

liters of water per hour, as follows: 

‘‘multiple-seal and seal-less pumps with 

manufacturer’s specified maximum 

flow-rate greater than 0.6 m3/hour (600 

liters/hour), or vacuum pumps with 

manufacturer’s specified maximum 

flow-rate greater than 5 m3/hour (5,000 

liters/hour).’’ ECCN 2B352.e is amended 


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