Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules 36129 

reasonable direct cost of making such 

copies, taking into account the average 

salary of the operator and the cost of the 

reproduction machinery. For copies of 

records prepared by computer, such as 

tapes or printouts, the Authority, the 

General Counsel, the Panel or the IG 

shall charge the actual cost, including 

operator time, of production of the tape 

or printout. 

(5) Forwarding material to 

destination. Postage, insurance and 

special fees will be charged on an actual 

cost basis. 

(e) Aggregating requests. When the 

Authority, the General Counsel, the 

Panel or the IG reasonably believes that 

a requester or group of requesters is 

attempting to break a request down into 

a series of requests for the purpose of 

evading the assessment of fees, the 

Authority, the General Counsel, the 

Panel or the IG will aggregate any such 

requests and charge accordingly. 

(f) Charging interest. Interest at the 

rate prescribed in 31 U.S.C. 3717 may be 

charged those requesters who fail to pay 

fees charged, beginning on the 30th day 

following the billing date. Receipt of a 

fee by the Authority, the General 

Counsel, the Panel or the IG, whether 

processed or not, will stay the accrual 

of interest. 

(g) Advanced payments. The 

Authority, the General Counsel, the 

Panel or the IG will not require a 

requester to make an advance payment, 

i.e., payment before work is commenced 

or continued on a request, unless: 

(1) The Authority, the General 

Counsel, the Panel or the IG estimates 

or determines that allowable charges 

that a requester may be required to pay 

are likely to exceed $250. Then the 

Authority, the General Counsel, the 

Panel or the IG will notify the requester 

of the likely cost and obtain satisfactory 

assurance of full payment where the 

requester has a history of prompt 

payment of FOIA fees, or require an 

advance payment of an amount up to 

the full estimated charges in the case of 

requesters with no history of payment; 

or 

(2) A requester has previously failed 

to pay a fee charged in a timely fashion 

(i.e., within 30 days of the date of the 

billing), in which case the Authority, 

the General Counsel, the Panel or the IG 

requires the requester to pay the full 

amount owed plus any applicable 

interest as provided of this section or 

demonstrate that the requester has, in 

fact, paid the fee, and to make an 

advance payment of the full amount of 

the estimated fee before the agency 

begins to process a new request or a 

pending request from that requester. 

When the Authority, the General 

Counsel, the Panel or the IG acts under 

paragraph (g)(1) or (2) of this section, 

the administrative time limits 

prescribed in subsection (a)(6) of the 

FOIA (i.e., 20 working days from receipt 

of initial requests and 20 working days 

from receipt of appeals from initial 

denial, plus permissible extension of 

these time limits) will begin only after 

the Authority, the General Counsel, the 

Panel or the IG has received fee 

payments described of this section. 

(h) When a person other than a party 

to a proceeding before the agency makes 

a request for a copy of a transcript, 

diskette, or other recordation of the 

proceeding, the Authority, the General 

Counsel, the Panel or the IG, as 

appropriate, will handle the request 

under this part. 

(i) Payment of fees shall be made by 

check or money order payable to the 

U.S. Treasury. 

§ 2411.14 Record retention and 

preservation. 

The Authority, the General Counsel, 

the Panel, and the IG shall preserve all 

correspondence pertaining to the 

requests that it receives under this 

subpart, as well as copies of all 

requested records, until such time as 

disposition or destruction is authorized 

by title 44 of the United States Code or 

the National Archives and Records 

Administration’s General Records 

Schedule 14. Records will not be 

disposed of while they are the subject of 

a pending request, appeal, or lawsuit 

under the FOIA. 

§ 2411.15 Annual report. 

On or before February 1 annually, the 

Chief FOIA Officer of the Authority 

shall submit a report of the activities of 

the Authority, the General Counsel, the 

Panel, and the IG with regard to public 

information requests during the 

preceding fiscal year to the Attorney 

General of the United States. The report 

shall include those matters required by 

5 U.S.C. 552(e), and shall be made 

available electronically. 

Carol Waller Pope, 

Chairman. 

[FR Doc. E9–17242 Filed 7–21–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0614; Directorate 

Identifier 2009–NM–045–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 and Model 

ERJ 190 Airplanes 

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) 

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: 

It has been found the occurrence of 

outboard slat skew sensor failure in open or 

closed position. The combination of an 

outboard slat skew sensor failed closed, an 

outboard slat actuator structural failure 

(rupture) and its adjacent actuator torque 

limiter failing high (allows higher loads to 

the panel structure) occurring in the same 

slat surface, under normal flight loads, may 

lead [the] slat surface to detach from the wing 

with the possibility of hitting and damaging 

the horizontal stabilizer and elevator, which 

may affect the airplane controllability. 

* * * * * 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by August 21, 2009. 

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 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, 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. 


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36130 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules 

(EMBRAER), Technical Publications 

Section (PC 060), Av. Brigadeiro Faria 

Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; 

telephone: +55 12 3927–5852 or +55 12 

3309–0732; fax: +55 12 3927–7546; email: distrib@embraer.com.br; Internet: 

http://www.flyembraer.com. 

You may review copies of the 

referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, 

call 425–227–1221 or 425–227–1152. 

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 in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Kenny Kaulia, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2848; fax (425) 227–1149. 

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–2009–0614; Directorate Identifier 

2009–NM–045–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 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 Directives 2009–02–02 

and 2009–02–03, both dated February 

16, 2009 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

It has been found the occurrence of 

outboard slat skew sensor failure in open or 

closed position. The combination of an 

outboard slat skew sensor failed closed, an 

outboard slat actuator structural failure 

(rupture) and its adjacent actuator torque 

limiter failing high (allows higher loads to 

the panel structure) occurring in the same 

slat surface, under normal flight loads, may 

lead [the] slat surface to detach from the wing 

with the possibility of hitting and damaging 

the horizontal stabilizer and elevator, which 

may affect the airplane controllability. 

* * * * * 

Corrective actions include repetitive 

operational tests of the outboard slat 

skew sensor, and replacement with a 

serviceable outboard slat skew sensor if 

necessary. You may obtain further 

information by examining the MCAI in 

the AD docket. 

FAA’s Determination and Requirements 

of This 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 the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI referenced above. We are 

proposing this AD because we evaluated 

all pertinent information and 

determined an 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 

We have reviewed the MCAI and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 223 products of U.S. 

registry. We also estimate that it would 

take about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$35,680, or $160 per product. 

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: 


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Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules 36131 

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–2009– 

0614; Directorate Identifier 2009–NM– 

045–AD. 

Comments Due Date 

(a) We must receive comments by August 

21, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

certificated in any category, identified in 

paragraphs (c)(1) and (c)(2) of the AD. 

(1) EMBRAER Model ERJ 170–100 LR, 

–100 STD, –100 SE, –100 SU, –200 LR, –200 

STD, and –200 SU airplanes, equipped with 

outboard slat skew sensor part number (P/N) 

1702286A or 1702288A. 

(2) EMBRAER Model ERJ 190–100 ECJ, 

–100 LR, –100 IGW, –100 STD, –200 STD, 

–200 LR, and –200 IGW airplanes, equipped 

with outboard slat skew sensor P/N 

1702286A or 1702288A. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the occurrence of 

outboard slat skew sensor failure in open or 

closed position. The combination of an 

outboard slat skew sensor failed closed, an 

outboard slat actuator structural failure 

(rupture) and its adjacent actuator torque 

limiter failing high (allows higher loads to 

the panel structure) occurring in the same 

slat surface, under normal flight loads, may 

lead [the] slat surface to detach from the wing 

with the possibility of hitting and damaging 

the horizontal stabilizer and elevator, which 

may affect the airplane controllability. 

* * * * * 

Corrective actions include repetitive 

operational tests of the outboard slat skew 

sensor, and replacement with a serviceable 

outboard slat skew sensor if necessary. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) At the applicable compliance time in 

paragraph (f)(1)(i) or (f)(1)(ii) of this AD: 

Perform an operational test (OPT) of any 

outboard slat skew sensor having P/N 

1702286A or P/N 1702288A. If any outboard 

slat skew sensor fails the test, replace the 

sensor with a serviceable sensor before 

further flight. Do the actions using a method 

approved by either the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the Ageˆncia 

Nacional de Aviac ̧a ̃o Civil (ANAC) (or its 

delegated agent). 

(i) For Model ERJ 170 airplanes: Within 

1,320 flight hours after the effective date of 

this AD. 

(ii) For Model ERJ 190 airplanes: Within 

1,320 flight hours or 12 months after the 

effective date of this AD, whichever occurs 

first. 

Note 1: Guidance about performing the 

OPT required by paragraph (f)(1) of this AD 

can be found in Task 27–83–01–710–801–A, 

‘‘Outboard Slat Skew Sensor—Operational 

Test,’’ dated October 28, 2008, of the Embraer 

170/175 or 190 Aircraft Maintenance Manual 

(AMM). 

Note 2: For the purpose of this AD, an OPT 

is ‘‘A task to determine if an item is fulfilling 

its intended purpose. Since it is a failurefinding task, it does not require quantitative 

tolerances.’’ 

Note 3: For the purpose of this AD, a 

serviceable sensor is one that has passed the 

OPT required by paragraph (f)(1) of this AD. 

(2) Repeat the OPT required by paragraph 

(f)(1) of this AD thereafter at intervals not to 

exceed 1,320 flight hours. 

FAA AD Differences 

Note 4: 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, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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: Kenny Kaulia, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2848; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

The AMOC approval letter must specifically 

reference this AD. 

(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, 

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 Brazilian Airworthiness 

Directives 2009–02–02 and 2009–02–03, both 

dated February 16, 2009, for related 

information. 

Issued in Renton, Washington, on July 2, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–17347 Filed 7–21–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

RIN 1018–AU92 

Subsistence Management Regulations 

for Public Lands in Alaska; Kenai 

Peninsula Subsistence Resource 

Region 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: We, the Federal Subsistence 

Board, are withdrawing the proposed 

rule to amend the regulations governing 

subsistence use of fish and wildlife in 

Alaska by creating an additional 

subsistence resource region for the 

Kenai Peninsula. We received 

significant adverse comments on our 

proposal, and we have decided not to 

pursue this action. 

DATES: The proposed rule published at 

71 FR 46427, August 14, 2006 and 

extended at 71 FR 56421, September 27, 

2006 is withdrawn effective July 22, 

2009. 

FOR FURTHER INFORMATION CONTACT: For 

Forest Service questions, contact Calvin 

H. Casipit, Acting Regional Subsistence 

Program Leader, USDA–FS Alaska 

Region, at (907) 586–7918. For Fish and 

Wildlife Service questions, contact Peter 

J. Probasco at (907) 786–3888. 

SUPPLEMENTARY INFORMATION: 

Background 

Under Title VIII of the Alaska 

National Interest Lands Conservation 

Act (ANILCA) (16 U.S.C. 3111–3126), 

the Secretary of the Interior and the 

Secretary of Agriculture (Secretaries) 

jointly implement the Federal 

Subsistence Management Program. This 


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