Unknown. Final rule

5,573 words·~25 min read·/register/2016/06/10/2016-13545

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2016-06-10.xml --- 81 112 Friday, June 10, 2016 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37596-37598 2016-13841 Requests for Scientific Information: Treatment Strategies for Patients with Lower Extremity Chronic Venous Disease, 37595-37596 2016-13761 Agriculture Agriculture Department See Food and Nutrition Service See Forest Service Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:

Medicare Shared Savings Program; Accountable Care Organizations--Revised Benchmark Rebasing Methodology, Facilitating Transition to Performance-Based Risk, and Administrative Finality of Financial Calculations, 37950-38017 2016-13651 NOTICES Medicare Program: Pre-Claim Review Demonstration for Home Health Services, 37598-37600 2016-13755 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37600-37601 2016-13682 Intent to Award Single-Source Expansion Supplement Grants:

Two Personal Responsibility Education Program Innovative Strategies Grantees, 37600 2016-13698 Civil Rights Civil Rights Commission NOTICES Meetings: Wisconsin Advisory Committee, 37569 2016-13756 Coast Guard Coast Guard RULES Drawbridge Operations: Isle of Wight (Sinepuxent) Bay, Ocean City, MD, 37514 2016-13777 Sloop Channel and Long Creek, Nassau, NY, 37513-37514 2016-13692 Security Zones: Military Ocean Terminal Concord, Concord, CA, 37514-37517 2016-13781 Special Local Regulations:

Harborfest Dragon Boat Race, South Haven, MI, 37513 2016-13783 Midwest Masters Sprints; Maumee River; Toledo, OH, 37507-37510 2016-13746 Water Activities Associated with the Macy's 4th of July Fireworks, East River, Manhattan, NY, 37510-37513 2016-13780 PROPOSED RULES Special Local Regulations: Cumberland River, Mile 190.0 to 191.5; Nashville, TN, 37562-37563 2016-13782 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 37581-37582 2016-13768 2016-13769 Comptroller Comptroller of the Currency PROPOSED RULES Incentive-Based Compensation Arrangements, 37670-37838 2016-11788 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37665-37667 2016-13810 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 37582 2016-13855 Copyright Office Copyright Office, Library of Congress PROPOSED RULES Mandatory Deposit of Electronic Books and Sound Recordings Available Only Online, 37564 2016-13814 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 37582-37583 2016-13702 Defense Department Defense Department NOTICES Charter Renewals: Department of Defense Federal Advisory Committees, 37586-37588 2016-13729 2016-13838 Meetings: Government-Industry Advisory Panel; Notice of Federal Advisory Committee, 37583-37585 2016-13718 Privacy Act; Systems of Records, 37585-37586 2016-13776 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Expatriate Health Plans, Expatriate Health Plan Issuers, and Qualified Expatriates;

Excepted Benefits; Lifetime and Annual Limits; and Short-Term, Limited-Duration Insurance, 38020-38048 2016-13583 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Illinois; NAAQS Updates, 37517-37520 2016-13700 Tolerance Exemptions; Technical Correction, 37520-37521 2016-13816 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Illinois; NAAQS Update, 37564 2016-13695 Hazardous Waste Management System: Tentative Denial of Petition to Revise the RCRA Corrosivity Hazardous Characteristic, 37565 2016-13793 NOTICES Draft Protective Action Guide for Drinking Water after a Radiological Incident, 37589-37592 2016-13786 Environmental Impact Statements; Availability, etc.; Weekly Receipts, 37592 2016-13791 Proposed Consent Decree under the Clean Air Act Citizen Suit, 37588-37589 2016-13792 Executive Office Executive Office for Immigration Review NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Appeal from a Decision of an Immigration Judge, 37641-37642 2016-13738 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 37488-37492 2016-12324 B/E Aerospace Protective Breathing Equipment Part Number 119003-11, 37492-37494 2016-13250 Fokker Services B.V. Airplanes, 37485-37488 2016-13545 Pilatus Aircraft LTD. Airplanes, 37494-37496 2016-13372 Various Aircraft Equipped with BRP-Powertrain GmbH and Co KG 912 A Series Engine, 37496-37499 2016-13542 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 37593-37594 2016-13708 Meetings: North American Numbering Council, 37592-37593 2016-13696 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Incentive-Based Compensation Arrangements, 37670-37838 2016-11788 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37665-37667 2016-13810 Terminations of Receiverships: Bank of Florida—Southwest, Naples, FL, 37594 2016-13689 CommunitySouth Bank and Trust, Easley, SC, 37594 2016-13683 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 37521 C1--2016--12123 NOTICES Flood Hazard Determinations, 37626-37627 2016-13812 Flood Hazard Determinations;

Changes, 37621-37626 2016-13807 Flood Hazard Determinations; Proposals, 37627-37628 2016-13808 Federal Energy Federal Energy Regulatory Commission NOTICES License Transfer Applications: Messalonskee Stream Hydro, LLC—MD; Messalonskee Stream Hydro, LLC—ME, 37588 2016-13751 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Incentive-Based Compensation Arrangements, 37670-37838 2016-11788 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;

Sunshine Act, 37594 2016-13879 2016-13880 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Unified Registration System, FMCSA Registration/Updates, 37661-37662 2016-13752 Parts and Accessories Necessary for Safe Operation, Lamps and Reflective Devices; Exemption Applications: STEMCO LP, 37662-37664 2016-13774 Federal Railroad Federal Railroad Administration RULES Control of Alcohol and Drug Use:

Coverage of Maintenance of Way Employees and Retrospective Regulatory Review-Based Amendments, 37894-37948 2016-13058 National Highway-Rail Crossing Inventory Reporting Requirements, 37521-37534 2016-13516 Railroad Workplace Safety: Roadway Worker Protection Miscellaneous Revisions, 37840-37892 2016-13057 Federal Reserve Federal Reserve System PROPOSED RULES Incentive-Based Compensation Arrangements, 37670-37838 2016-11788 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37665-37667 2016-13810 Fish Fish and Wildlife Service PROPOSED RULES Migratory Bird Hunting:

Proposed 2017-18 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals; Meetings, 38050-38059 2016-13766 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Kodiak National Wildlife Refuge Bear Viewing Survey, 37633-37634 2016-13750 Food and Drug Food and Drug Administration RULES Guidance for Industry: Interim Policy on Compounding Using Bulk Drug Substances under the Federal Food, Drug, and Cosmetic Act, 37500-37504 2016-13798 2016-13799 Medical Devices:

Ophthalmic Devices; Classification of Nasolacrimal Compression Device, 37499-37500 2016-13788 PROPOSED RULES Petitions for Rulemaking: Breast Cancer Fund, Center for Environmental Health, Center for Food Safety, Center for Science in the Public Interest, et al.; Correction, 37561-37562 2016-13739 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medicated Feed Mill License Application, 37602-37603 2016-13790 Guidance for Industry: Dissemination of Patient-Specific Information from Devices by Device Manufacturers, 37603-37604 2016-13787 Oncology Drugs for Companion Animals, 37605-37606 2016-13789 Meetings:

Arthritis Advisory Committee, 37601-37602 2016-13709 Dermatologic and Ophthalmic Drugs Advisory Committee, 37605 2016-13710 Patent Extension Regulatory Review Periods: POMALYST, 37606-37608 2016-13796 TANZEUM, 37611-37612 2016-13797 Requests for Nominations: Individuals and Consumer Organizations for Advisory Committees, 37608-37611 2016-13733 Food and Nutrition Food and Nutrition Service NOTICES Meetings: National Advisory Council on Maternal, Infant and Fetal Nutrition, 37566 2016-13703 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activity Authorizations:

Klaussner Furniture Industries, Inc., Subzone 230D, Asheboro and Candor, NC, 37570 2016-13720 Thoma-Sea Marine Constructors, LLC, Foreign-Trade Subzone 279A, Houma, LA, 37570 2016-13712 Proposed Production Activities: SICK, Inc., Foreign-Trade Zone 119—Minneapolis, MN, 37570 2016-13706 Subzone Applications: Next Level Apparel, Foreign-Trade Zone 233, Dothan, AL, 37571 2016-13719 Forest Forest Service NOTICES Meetings: Black Hills Resource Advisory Committee, 37568 2016-13743 Northeast Oregon Forests Resource Advisory Committee, 37567-37568 2016-13749 Sanders Resource Advisory Committee, 37567-37569 2016-13758 2016-13759 Uinta-Wasatch-Cache Resource Advisory Committee, 37566 2016-13745 New Fee Sites:

Federal Lands Recreation Enhancement Act, 37568 2016-13747 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Expatriate Health Plans, Expatriate Health Plan Issuers, and Qualified Expatriates;

Excepted Benefits; Lifetime and Annual Limits; and Short-Term, Limited-Duration Insurance, 38020-38048 2016-13583 NOTICES Requests for Nominations: Advisory Committee on Minority Health, 37616-37617 2016-13785 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37613-37616 2016-13735 2016-13736 Requests for Nominations: National Advisory Council on Migrant Health, 37614-37615 2016-13767 Single-Award Deviation from Competition Requirements:

Reproductive and Environmental Health Network, 37612-37613 2016-13784 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Requests for Nominations: Office for Interoperability and Compatibility: Project 25 Compliance Assessment Program Advisory Panel; Single Position, 37628-37629 2016-13730 Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 37629-37633 2016-13428 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Guidance Concerning the Exclusion of Discharge of Indebtedness Income of a Grantor Trust or a Disregarded Entity, 37504-37507 2016-13779 PROPOSED RULES Expatriate Health Plans, Expatriate Health Plan Issuers, and Qualified Expatriates;

Excepted Benefits; Lifetime and Annual Limits; and Short-Term, Limited-Duration Insurance, 38020-38048 2016-13583 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37667-37668 2016-13778 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cased Pencils from the People's Republic of China, 37573-37574 2016-13721 Certain Steel Nails from the United Arab Emirates, 37571-37573 2016-13704 Meetings:

United States Travel and Tourism Advisory Board, 37574-37575 2016-13775 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Recombinant Factor VIII Products, 37640-37641 2016-13688 Justice Department Justice Department See Executive Office for Immigration Review NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Requirement that Movie Theaters Provide Notice as to the Availability of Closed Movie Captioning and Audio Description, 37643-37644 2016-13737 Proposed Uniform Language for Testimony and Reports, 37642-37643 2016-13635 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Applications for a Recordable Disclaimer of Interest for Lands Owned:

Corporation of the Catholic Archbishop, Anchorage, AK, 37639-37640 2016-13763 Final Supplementary Rules for the Killpecker Sand Dunes Recreation Site, WY, 37637-37639 2016-13757 Meetings: Proposed Land Withdrawal; Johnny Behind the Rocks Recreation Zone, WY, 37634-37635 2016-13762 Realty Actions: Direct Sale of Reversionary Interest in San Bernardino County, CA, 37635-37636 2016-13773 Requests for Nominations: California Desert District Advisory Council, 37637 2016-13771 Dominguez-Escalante National Conservation Area Advisory Council, Colorado, 37636-37637 2016-13772 Library Library of Congress See Copyright Office, Library of Congress National Credit National Credit Union Administration PROPOSED RULES Incentive-Based Compensation Arrangements, 37670-37838 2016-11788 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Autism Spectrum Disorder

(ASD)Research Portfolio Analysis, 37620-37621 2016-13722 Meetings: Center for Scientific Review, 37617-37620 2016-13723 2016-13724 2016-13725 National Institute of Allergy and Infectious Diseases, 37621 2016-13726 National Institute of General Medical Sciences, 37620 2016-13727 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Bycatch Management in the Bering Sea Pollock Fishery, 37534-37556 2016-13697 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pacific Coast Groundfish Trawl Rationalization Program Permit and License Information Collection, 37575-37576 2016-13748 Environmental Impact Statements; Availability, etc.: Proposed Expansion for the Flower Garden Banks National Marine Sanctuary; Public Meetings, 37576-37578 2016-13661 Exempted Fishing Permits; Applications: General Provisions for Domestic Fisheries, 37578-37579 2016-13728 Permits: Endangered Species; File No. 20114, 37576 2016-13713 Marine Mammals; File Nos. 18978 and 19768, 37578 2016-13714 National Science National Science Foundation NOTICES Privacy Act; Systems of Records, 37645-37654 2016-13452 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Derricks, 37644-37645 2016-13732 Patent Patent and Trademark Office NOTICES Grants of Interim Extension of the Term of a U.S. Patent, 37579-37580 2016-13764 Requests for Nominations: Patent and Trademark Public Advisory Committees, 37580-37581 2016-13765 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings: Public Awareness; Public Workshop, 37664-37665 2016-13845 Securities Securities and Exchange Commission PROPOSED RULES Incentive-Based Compensation Arrangements, 37670-37838 2016-11788 NOTICES Applications: Ramius Archview Credit and Distressed Fund and Ramius Advisors, LLC, 37654-37656 2016-13717 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Stock Exchange, Inc., 37656-37659 2016-13715 New York Stock Exchange LLC, 37659-37660 2016-13716 Social Social Security Administration PROPOSED RULES Evidence from Statutorily Excluded Medical Sources, 37557-37561 2016-13744 State Department State Department NOTICES Designations as Global Terrorists: Yarmouk Martyrs Brigade, aka Katibah Shuhada' al-Yarmouk, aka Liwa' Shuhada' al-Yarmouk, et al., 37660 2016-13676 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Substance Abuse Treatment National Advisory Council, 37621 2016-13690 Surface Transportation Surface Transportation Board NOTICES Trackage Rights Exemptions: Union Pacific Railroad Company; BNSF Railway Company, 37660-37661 2016-13754 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Separate Parts In This Issue Part II Federal Deposit Insurance Corporation, 37670-37838 2016-11788 Federal Housing Finance Agency, 37670-37838 2016-11788 Federal Reserve System, 37670-37838 2016-11788 National Credit Union Administration, 37670-37838 2016-11788 Securities and Exchange Commission, 37670-37838 2016-11788 Treasury Department, Comptroller of the Currency, 37670-37838 2016-11788 Part III Transportation Department, Federal Railroad Administration, 37840-37892 2016-13057 Part IV Transportation Department, Federal Railroad Administration, 37894-37948 2016-13058 Part V Health and Human Services Department, Centers for Medicare & Medicaid Services, 37950-38017 2016-13651 Part VI Health and Human Services Department, 38020-38048 2016-13583 Labor Department, Employee Benefits Security Administration, 38020-38048 2016-13583 Treasury Department, Internal Revenue Service, 38020-38048 2016-13583 Part VII Interior Department, Fish and Wildlife Service, 38050-38059 2016-13766 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 81 112 Friday, June 10, 2016 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-8138; Directorate Identifier 2014-NM-112-AD; Amendment 39-18552; AD 2016-12-03] RIN 2120-AA64 Airworthiness Directives; Fokker Services B.V. Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are superseding Airworthiness Directive

(AD)2011-17-10, for all Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. AD 2011-17-10 required inspecting for a by-pass wire between the housing of each in-tank fuel quantity indication

(FQI)cable plug and the cable shield, and corrective actions if necessary. AD 2011-17-10 also required revising the airplane maintenance program. This new AD removes certain airplanes from the applicability. This new AD applies only to Model F.28 Mark 1000 airplanes and also requires revising the airplane maintenance or inspection program by incorporating the instructions in revised service information. This AD was prompted by the issuance of revised service information to update the critical design configuration control limitations (CDCCLs) that address potential ignition sources inside fuel tanks. We are issuing this AD to prevent potential ignition sources inside the fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. DATES: This AD becomes effective July 15, 2016. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 15, 2016. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of September 16, 2011 (76 FR 50111, August 12, 2011). ADDRESSES: For service information identified in this final rule, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 (0)88-6280-111; email *technicalservices@fokker.com;* Internet *http://www.myfokkerfleet.com.* You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at *http://www.regulations.gov* by searching for and locating Docket Number FAA-2015-8138. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* by searching for and locating Docket Number FAA-2015-8138; 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 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. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to supersede AD 2011-17-10, Amendment 39-16774 (76 FR 50111, August 12, 2011) (“AD 2011-17-10”). AD 2011-17-10 applied to all Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. The NPRM published in the **Federal Register** on January 4, 2016 (81 FR 34) (“the NPRM”). The NPRM was prompted by the issuance of revised service information to update the CDCCLs that address potential ignition sources inside fuel tanks. The NPRM proposed to retain the requirements of AD 2011-17-10, and to require revising the airplane maintenance or inspection program by incorporating the instructions in the revised service information. The NPRM also proposed to remove certain airplanes from the applicability. We are issuing this AD to prevent potential ignition sources inside the fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0111, dated May 8, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition on certain Model F.28 Mark 1000 airplanes. The MCAI states: [T]he FAA published Special Federal Aviation Regulation

(SFAR)88 [Amendment 21-78 (66 FR 23086, May 7, 2001). Subsequently, SFAR 88 was amended by: Amendment 21-82 (67 FR 57490, September 10, 2002; corrected at 67 FR 70809, November 26, 2002) and Amendment 21-83 (67 FR 72830, December 9, 2002; corrected at 68 FR 37735, June 25, 2003, to change “21-82” to “21-83”)], and the Joint Aviation Authorities

(JAA)published Interim Policy INT/POL/25/12. The review conducted by Fokker Services on the F28 design, in response to these regulations, revealed that on certain aeroplanes, an interrupted shield contact may exist or develop between the housing of an in-tank Fuel Quantity Indication

(FQI)cable plug and the cable shield of the shielded FQI system cables in the main and collector fuel tanks, which can, under certain conditions, form a spark gap. This condition, if not detected and corrected, may create an ignition source in the fuel tank vapour space, possibly resulting in a wing fuel tank explosion and consequent loss of the aeroplane. To address and correct this unsafe condition, Fokker Services published Service Bulletin

(SB)SBF28-28-053 which provides instructions, for early production aeroplanes, for a one-time inspection to check for the presence of a by-pass wire between the housing of each in-tank FQI cable plug and the cable shield and, depending on findings, for the installation of a by-pass wire. In addition, SBF28-28-053 provides a Critical Design Configuration Control Limitation (CDCCL) item to make certain that the by-pass wire remains installed on these aeroplanes. On later production aeroplanes, an improved plug Part Number (P/N) 20P227-2 was introduced with a better shield connection to the housing of the plug. Therefore, SBF28-28-053 (original issue and Revision 1) also provided a CDCCL item to ensure that this type of plug remains installed on those aeroplanes. EASA issued AD 2010-0217 [which corresponds to FAA AD 2011-17-10, Amendment 39-16774 (76 FR 50111, August 12, 2011)] to require accomplishment of the instructions related to the by-pass wire and implementation of the CDCCL items as specified in Fokker Services SBF28-28-053 Revision 1, as applicable to aeroplane s/n. Since EASA AD 2010-0217 was issued, it was identified that P/N 20P227-1 and 20P228-1 plugs are also approved and can therefore be installed on the later production aeroplanes. Prompted by this finding, Fokker Services issued SBF28-28-055 to address the implementation of a CDCCL item to make certain that only approved plug types remain installed on the later production aeroplanes, while SBF28-28-053 Revision 2 was issued for early production aeroplanes to address the by-pass wire related actions only. Consequently, EASA issued AD 2011-0184, retaining the requirements of EASA AD 2010-0217, which was superseded, to require implementation of the related CDCCL items as specified in Fokker Services SBF28-28-053 Revision 2, or SBF28-28-055, as applicable to aeroplane s/n. More recently, Fokker Services published Revision 3 of SBF28-28-053, to eliminate the use of a heat gun in or near to the fuel tank, and prompted by a change to the definition of the related CDCCL item. Fokker Services also cancelled SBF28-28-055, due to the introduction of a revised definition of the CDCCL item that has been published in Fokker Services SBF28-28-050, Revision 2. For the reason described above, this [EASA] AD retains the requirements related to SBF28-28-053 of EASA AD 2011-0184, which is superseded, but requires those actions to be accomplished in accordance with the instructions of Fokker Services SBF28-28-053, Revision 3 (R3). All the actions related to SBF28-28-055, as previously required through paragraphs

(5)and

(6)of EASA AD 2011-0184, are now addressed by EASA AD 2014-0110 [ *http://ad.easa.europa.eu/ad/2014-0110_1.pdf* ]. The CDCCL requirement in AD 2011-17-10 for Model F.28 Mark 2000, 3000, and 4000 airplanes is now addressed in other related rulemaking. Therefore, this AD does not include Model F.28 Mark 2000, 3000, and 4000 airplanes in the applicability. This AD also removes airplanes having serial numbers 11993 and 11994 from the applicability because those airplanes were scrapped and removed from the type certificate data sheet. The unsafe condition is the potential of ignition sources inside fuel tanks. Such ignition sources, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. You may examine the MCAI in the AD docket on the Internet at *http://www.regulations.gov* by searching for and locating it in Docket No. FAA-2015-8138. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting this 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 for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Related Service Information Under 1 CFR Part 51 Fokker Services B.V. has issued Fokker Service Bulletin SBF28-28-053, Revision 3, dated January 9, 2014. The service information describes procedures for inspecting for a by-pass wire between the housing of each in-tank FQI cable plug and the cable shield, and installing a by-pass wire if necessary. The service information also describes CDCCL Item 1.7 for fuel quantity indicating system

(FQIS)wiring in wing tanks. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance We estimate that this AD affects 5 airplanes of U.S. registry. This AD adds a requirement to revise the airplane maintenance or inspection program by incorporating the instructions in revised service information. The current costs associated with this AD are repeated as follows for the convenience of affected operators: The actions required by AD 2011-17-10 will take about 6 work-hours per product, at an average labor rate of $85 per work-hour. Required parts cost about $0 per product. Based on these figures, the estimated cost of the actions that were required by AD 2011-17-10 is $510 per product. In addition, we estimate that any necessary follow-on actions required by AD 2011-17-10 take about 7 work-hours and require parts costing $308, for a cost of $903 per product. We have no way of determining the number of products that may need these actions. We also estimate that it takes about 1 work-hour per product to revise the maintenance or inspection program. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $425, or $85 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 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 that 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. 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 removing Airworthiness Directive

(AD)2011-17-10, Amendment 39-16774 (76 FR 50111, August 12, 2011), and adding the following new AD: **2016-12-03 Fokker Services B.V.:** Amendment 39-18552. Docket No. FAA-2015-8138; Directorate Identifier 2014-NM-112-AD.

(a)Effective Date This AD becomes effective July 15, 2016.

(b)Affected ADs This AD replaces AD 2011-17-10, Amendment 39-16774 (76 FR 50111, August 12, 2011) (“AD 2011-17-10”).

(c)Applicability This AD applies to Fokker Services B.V. Model F.28 Mark 1000 airplanes; certificated in any category; serial numbers (S/Ns) 11003 through 11041 inclusive, and S/Ns 11991 and 11992.

(d)Subject Air Transport Association

(ATA)of America Code 28, Fuel.

(e)Reason This AD was prompted by the issuance of revised service information to update the critical design configuration control limitations (CDCCLs) that address potential ignition sources inside fuel tanks. We are issuing this AD to prevent potential ignition sources inside the fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

(f)Compliance Comply with this AD within the compliance times specified, unless already done.

(g)Retained Inspection and Installation, With Revised Service Information This paragraph restates the requirements of paragraph

(g)of AD 2011-17-10, with revised service information. At a scheduled opening of the fuel tanks, but not later than 84 months after September 16, 2011 (the effective date of AD 2011-17-10), do a general visual inspection for the presence of a by-pass wire between the housing of each in-tank fuel quantity indication

(FQI)cable plug and the cable shield, in accordance with Part 1 of the Accomplishment Instructions of Fokker Service Bulletin SBF28-28-053, Revision 1, dated September 20, 2010; or Fokker Service Bulletin SBF28-28-053, Revision 3, dated January 9, 2014. As of the effective date of this AD, only Fokker Service Bulletin SBF28-28-053, Revision 3, dated January 9, 2014, may be used.

(h)Retained Corrective Actions, With Revised Service Information This paragraph restates the requirements of paragraph

(h)of AD 2011-17-10, with revised service information. If during the general visual inspection required by paragraph

(g)of this AD, it is found that a by-pass wire is not installed: Before the next flight, install the by-pass wire between the housing of the in-tank FQI cable plug and the cable shield, in accordance with Part 2 of the Accomplishment Instructions of Fokker Service Bulletin SBF28-28-053, Revision 1, dated September 20, 2010; or Fokker Service Bulletin SBF28-28-053, Revision 3, dated January 9, 2014. As of the effective date of this AD, only Fokker Service Bulletin SBF28-28-053, Revision 3, dated January 9, 2014, may be used.

(i)Retained Maintenance Program Revision To Add Fuel Airworthiness Limitation, With a New Exception This paragraph restates the requirements of paragraph

(i)of AD 2011-17-10, with a new exception. Except as required by paragraph

(k)of this AD, concurrently with the actions required by paragraph

(g)of this AD, revise the airplane maintenance program by incorporating CDCCL-1 specified in paragraph 1.L.(1)(c) of Fokker Service Bulletin SBF28-28-053, Revision 1, dated September 20, 2010.

(j)Retained Requirement for No Alternative Actions, Intervals, and/or CDCCLs, With a New Exception This paragraph restates the requirements of paragraph

(k)of AD 2011-17-10 with a new exception. Except as required by paragraph

(k)of this AD: After accomplishing the revision required by paragraph

(i)of this AD, no alternative actions ( *e.g.,* inspection, interval) and/or CDCCLs may be used unless the actions, intervals, and/or CDCCLs are approved as an alternative methods of compliance

(AMOC)in accordance with the procedures specified in paragraph (n)(1) of this AD.

(k)New Maintenance or Inspection Program Revision To Add Fuel Airworthiness Limitation Within 30 days after the effective date of this AD: Revise the airplane maintenance or inspection program, as applicable, by incorporating CDCCL Item 1.7 as specified in paragraph 1.L.(1)(c) of Fokker Service Bulletin SBF28-28-053, Revision 3, dated January 9, 2014. Accomplishing the revision required by this paragraph terminates the revision required by paragraph

(i)of this AD.

(l)No Alternative CDCCLs After the maintenance or inspection program has been revised as required by paragraph

(k)of this AD, no alternative CDCCLs may be used unless the CDCCLs are approved as an AMOC in accordance with the procedures specified in paragraph (n)(1) of this AD.

(m)Credit for Previous Actions This paragraph provides credit for the applicable actions required by paragraph

(k)of this AD, if those actions were performed before the effective date of this AD using Fokker Service Bulletin SBF28-28-053, Revision 2, dated June 22, 2011. This document is not incorporated by reference in this AD.

(n)Other FAA AD Provisions 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. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. Information may be emailed to: *9-ANM-116-AMOC-REQUESTS@faa.gov.* Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. *(2) Contacting the Manufacturer:* As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Fokker B.V. Service's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

(o)Related Information

(1)Refer to Mandatory Continuing Airworthiness Information

(MCAI)EASA Airworthiness Directive 2014-0111, dated May 8, 2014, for related information. This MCAI may be found in the AD docket on the Internet at *http://www.regulations.gov* by searching for and locating Docket No. FAA-2015-8138.

(2)Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (p)(5) and (p)(6) of this AD.

(p)Material Incorporated by Reference

(1)The Director of the Federal Register approved the incorporation by reference

(IBR)of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise.

(3)The following service information was approved for IBR on July 15, 2016.

(i)Fokker Service Bulletin SBF28-28-053, Revision 3, dated January 9, 2014.

(ii)Reserved.

(4)The following service information was approved for IBR on September 16, 2011 (76 FR 50111, August 12, 2011).

(i)Fokker Service Bulletin SBF28-28-053, Revision 1, dated September 20, 2010.

(ii)Reserved.

(5)For service information identified in this AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 (0)88-6280-111; email *technicalservices@fokker.com;* Internet *http://www.myfokkerfleet.com.*

(6)You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

(7)You may view this 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 Renton, Washington, on May 31, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-13545 Filed 6-9-16; 8:45 am]

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