63424 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2010– 

1023; Directorate Identifier 2010–CE– 

055–AD. 

Comments Due Date 

(a) We must receive comments by 

November 29, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Empresa Brasileira 

de Aeronautica S.A. (EMBRAER) Model 

EMB–500 airplanes, serial numbers 50000005 

thru 50000105, certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 92: Wiring Elements. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been detected a short circuit in 

harness W101 due to its interference with the 

main door mechanism. Further analysis of 

the affected region has also revealed the 

possibility of chafing between the same 

harness and the oxygen tubing. The chafing 

of the wiring harness against the oxygen 

tubing could lead to a short circuit of the 

wiring harness and a subsequent fire in the 

airplane. 

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 installing clamps to the 

W101 wiring harness. 

Actions and Compliance 

(f) Unless already done, within 600 hours 

time-in-service (TIS) after the effective date 

of this AD or within 12 months after the 

effective date of this AD, whichever comes 

first, install clamps and protection sleeves to 

harness W101 within the cockpit area and 

rework structures to eliminate the fretting 

spots of the harness with the main door 

locking mechanism and with the oxygen 

tube. Do the installation following Empresa 

Brasileira de Aerona ́utica S.A. (EMBRAER) 

Service Bulletin No. SB 500–24–0002, dated 

March 8, 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.: 

2010–09–02, dated October 17, 2010; and 

Empresa Brasileira de Aerona ́utica S.A. 

(EMBRAER) Service Bulletin No. SB 500–24– 

0002, dated March 8, 2010, for related 

information. 

Issued in Kansas City, Missouri, on October 

7, 2010. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–25924 Filed 10–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 117 and 121 

[Docket No. FAA–2009–1093; Notice No. 10– 

11] 

RIN 2120–AJ58 

Flightcrew Member Duty and Rest 

Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Response to requests for a 

comment period extension. 

SUMMARY: The FAA published a Notice 

of Proposed Rulemaking (NPRM) on 

September 14, 2010, to amend its 

existing flight, duty and rest regulations 

applicable to certificate holders and 

their flightcrew members. The FAA has 

received several requests from 

stakeholders to extend the comment 

period for filing comments to the 

proposed rule. This notice provides the 

FAA’s response to those requests. 

DATES: The comment period for the 

NPRM published on September 14, 

2010, at 75 FR 55852, closes on 

November 15, 2010. 

ADDRESSES: You may send comments to 

the NPRM identified by Docket Number 

FAA–2009–1093, using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

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Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 63425 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

• Hand Delivery: Bring comments to 

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 more information on the rulemaking 

process, see the SUPPLEMENTARY

INFORMATION section of this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

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

or to 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: 

Shirley Stroman, ARM–104, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; email shirley.stroman@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

You may refer to the NPRM published 

in the Federal Register (75 FR 55852) on 

September 14, 2010 for detailed 

instructions on filing your comments to 

the proposed rule and how we will 

handle them. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Federal 

eRulemaking Portal at http:// 

www.regulations.gov; 

(2) Visiting the Office of Rulemaking’s 

Web page at http://www.faa.gov/avr/ 

arm/index.cfm; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Background 

On September 14, 2010, the FAA 

published an NPRM (75 FR 55852) 

entitled ‘‘Flightcrew Member Duty and 

Rest Requirements.’’ The proposed 

regulation recognizes the growing 

similarities between the types of 

operations and the universality of 

factors that lead to fatigue in most 

individuals. Fatigue threatens aviation 

safety because it increases the risk of 

pilot error that could lead to an 

accident. The new requirements, if 

adopted, would eliminate the current 

distinctions between domestic, flag and 

supplemental operations. The proposal 

provides different requirements based 

on the time of day, whether an 

individual is acclimated to a new time 

zone, and the likelihood of being able to 

sleep under different circumstances. 

The NPRM comment period is 

scheduled to close on November 15, 

2010. 

Since publication of the NPRM, the 

FAA has received several petitions to 

extend the comment period. Requests 

for extension include those from 

National Air Carrier Association, Cargo 

Airline Association (CAA), United 

Parcel Service (UPS), Atlas Air 

Worldwide Holdings, Inc., Air 

Transport Association of America, Inc., 

(ATA), Air Carrier Association of 

America, Regional Airline Association, 

and others. The requests include ones 

for a 30-day extension, 45-day 

extension, 60-day extension, and 180- 

day extension. 

In general, the petitioners said the 

additional time is necessary due to the 

length and complexity of the NPRM and 

Regulatory Impact Analysis. Several 

petitioners, including CAA, UPS, and 

ATA, also said the recent statutory 

mandate that requires carriers to submit 

a Fatigue Risk Management Plan to the 

FAA by October 30, 2010, will take time 

and resources away from developing 

comments to the NPRM. 

The FAA has reviewed the requests 

for an extension of the comment period 

on the ‘‘Flightcrew Member Duty and 

Rest Requirements’’ NPRM. While we 

understand the reasons for these 

requests, we do not believe an extension 

is necessary for the reasons stated 

below. 

FAA Response to Comment Period 

Extension Requests 

In 2009, the FAA established the 

Flight and Duty Time Limitations and 

Rest Requirements Aviation Rulemaking 

Committee (ARC). The ARC provided a 

forum for the aviation industry to give 

extensive input on revising current 

flight and duty time limitations 

regulations. Therefore, the FAA does 

not believe it is necessary to extend the 

comment period for the proposed rule. 

Consequently, the requests for an 

extension of the comment period are 

denied. Also, in the recently passed 

Airline Safety and Federal Aviation 

Administration Extension Act of 2010, 

Congress mandated that the FAA issue 

a final rule on pilot fatigue by August 

1, 2011. To help ensure that we meet 

this deadline, the FAA must receive 

comments to its proposed rule by 

November 15, 2010. However, as stated 

in Title 14 Code of Federal Regulations 

§ 11.45, we will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. 

The requests for extension and this 

Notice will be included in the 

rulemaking docket. 

Issued in Washington, DC, on October 12, 

2010. 

Dennis Pratte, 

Acting Deputy Director, Office of Rulemaking. 

[FR Doc. 2010–26142 Filed 10–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Office of Workers’ Compensation 

Programs 

20 CFR Part 701 

RIN 1240–AA02 

Regulations Implementing the 

Longshore and Harbor Workers’ 

Compensation Act: Recreational 

Vessels 

AGENCY: Office of Workers’ 

Compensation Programs, Labor. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: The Office of Workers’ 

Compensation Programs (OWCP) is 

republishing the Notice of Proposed 

Rulemaking entitled Longshore and 

Harbor Workers’ Compensation Act: 

Recreational Vessels, published on 

August 17, 2010 (75 FR 50718), and 

affording the public an additional 

period for submitting comments. This 

document contains proposed 

regulations implementing amendments 

to the Longshore and Harbor Workers’ 

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