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
Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 45561 

FOR FURTHER INFORMATION CONTACT: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; 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–2010–0755; Directorate Identifier 

2010–NE–12–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 based on 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 with FAA 

personnel concerning this proposed AD. 

Using the search function of the Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2007–0003R1, 

dated January 15, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

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. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Rolls-Royce plc has issued RB211 

Trent 800 Series Propulsion System 

Non-Modification Service Bulletin Alert 

RB.211–72–AE935, Revision 7, dated 

January 19, 2009. The actions described 

in this service information are intended 

to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of the United 

Kingdom, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the United 

Kingdom, 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 

provided by EASA, and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. 

Differences Between This AD and the 

MCAI or Service Information 

The MCAI requires incorporating the 

revised Trent 800 life limits no later 

than January 31, 2007. This proposed 

AD would require incorporating the 

revised Trent 800 life limits within 30 

days after the effective date of this 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 16 products of U.S. registry. 

The average labor rate is $85 per workhour; there is no labor cost because 

disks are replaced at scheduled 

maintenance intervals. Prorated cost of 

parts would cost about $45,000 per 

product. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $720,000. 

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, 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: 

Rolls-Royce plc: Docket No. FAA–2010– 

0755; Directorate Identifier 2010–NE– 

12–AD. 


erowe on DSK5CLS3C1PROD with PROPOSALS3
45562 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 

Comments Due Date 

(a) We must receive comments by 

September 17, 2010. 

Affected Airworthiness Directives (ADs) 

(b) None. 

Applicability 

(c) This AD applies to Rolls-Royce plc 

RB211–Trent 895–17, 892–17, 892B–17, 884– 

17, 884B–17, 877–17 and 875–17 turbofan 

engines. These engines are installed on, but 

not limited to, Boeing 777 series airplanes. 

Reason 

(d) This AD results from: 

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. 

This AD is necessary as life reductions are 

applicable in some cases and failure to 

comply with the revised life limits could 

result in an unsafe condition. 

We are issuing 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. 

Actions and Compliance 

(e) Compliance is required within 30 days 

after the effective date of this AD, unless 

already done, do the following actions. 

(1) Revise the airworthiness limitations 

section (ALS) of your instructions for 

continued airworthiness (ICA) to incorporate 

Task 05–10–01–800–801, ‘‘Critical and 

Critical Group A Parts Lives—Multiple Flight 

Profile Monitoring’’ and Task 05–10–01–800– 

802, ‘‘Critical and Critical Group A Parts 

Lives in the HEAVY Flight Profile’’ of the 

Rolls-Royce Trent 800 Time Limits manual 

(TLM) dated June 15, 2009. 

(2) Thereafter, do not revise the ALS of 

your ICA by incorporating any revision of the 

Rolls-Royce Trent 800 TLM dated prior to the 

June 15, 2009 revision. 

FAA AD Differences 

(f) This AD differs from the Mandatory 

Continuing Airworthiness Information 

(MCAI) and or service information as follows: 

(1) The MCAI AD requires revising the 

airworthiness limitations section no later 

than January 31, 2007. This AD requires 

revising the airworthiness limitations section 

within 30 days after the effective date of this 

AD. 

(2) This AD prohibits incorporating into 

the ALS of the ICA, any revision of the RollsRoyce Trent 800 TLM earlier than the June 

15, 2009. 

Other FAA AD Provisions 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Engine Certification 

Office, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Related Information 

(h) Refer to MCAI EASA Airworthiness 

Directive 2007–0003R1, dated January 15, 

2009, and Rolls-Royce plc RB211 Trent 800 

Series Propulsion System Non-Modification 

Service Bulletin Alert RB.211–72–AE935, 

Revision 7, dated January 19, 2009, for 

related information. Contact Rolls-Royce plc, 

P.O. Box 31, Derby, DE24 8BJ, United 

Kingdom: telephone 044 1332 242424; fax 

044 1332 249936, for a copy of this service 

information. 

(i) Contact James Lawrence, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; fax (781) 238– 

7199, for more information about this AD. 

Issued in Burlington, Massachusetts, on 

July 19, 2010. 

Thomas A. Boudreau, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–19027 Filed 8–2–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Parts 234, 244, 250, 253, 259, 

and 399 

[Docket No. DOT–OST–2010–0140] 

RIN No. 2105–AD92 

Enhancing Airline Passenger 

Protections 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Extension of comment period on 

proposed rule. 

SUMMARY: This action extends the 

comment period for an NPRM on 

enhancing airline passenger protections 

that was published in the Federal 

Register on June 8, 2010. The 

Department of Transportation is 

extending the period for interested 

persons to submit comments on this 

rulemaking from August 9, 2010, to 

September 23, 2010. This extension is a 

result of requests from a number of 

airline associations, one airport 

association, and two airlines to extend 

the comment period for the proposal. 

DATES: Comments must be received by 

September 23, 2010. Comments received 

after this date will be considered to the 

extent practicable. 

ADDRESSES: You may file comments 

identified by the docket number DOT– 

OST–2010–0140 by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave., SE., between 9 

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

Friday, except Federal Holidays. 

• Fax: (202) 493–2251. 

Instructions: You must include the 

agency name and docket number DOT– 

OST–2010–0140 or the Regulatory 

Identification Number, RIN No. 2105– 

AD92, for the rulemaking at the 

beginning of your comment. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received in any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment if 

submitted on behalf of an association, a 

business, a 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: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: 

Blane A. Workie or Daeleen Chesley, 

Office of the Assistant General Counsel 

for Aviation Enforcement and 

Proceedings, U.S. Department of 

Transportation, 1200 New Jersey Ave., 

SE., Washington, DC 20590, 202–366– 

9342 (phone), 202–366–7152 (fax), 

blane.workie@dot.gov or 

daeleen.chesley@dot.gov (e-mail). 

SUPPLEMENTARY INFORMATION: On June 8, 

2010, the Department published a 

Notice of Proposed Rulemaking (NPRM) 

on enhancing airline passenger 

protections that proposed to improve 

the air travel environment for 


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