Unknown. Final rule

5,047 words·~23 min read·/register/2017/04/06/2017-05373

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-2017-04-06.xml --- 82 65 Thursday, April 6, 2017 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16832-16833 2017-06873 Agriculture Agriculture Department See Forest Service See Procurement and Property Management Office, Agriculture Department Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Supervisory Highlights:

Consumer Reporting Special Edition, 16808-16817 2017-06904 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16833-16843 2017-06864 2017-06865 2017-06866 2017-06867 2017-06868 2017-06869 2017-06874 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; etc., 16741-16742 2017-06903 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16843-16846 2017-06827 2017-06830 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 16784 2017-06981 Civil Rights Civil Rights Commission NOTICES Meetings: Maine Advisory Committee, 16784 2017-06780 South Dakota Advisory Committee, 16784-16785 2017-06852 Coast Guard Coast Guard RULES Drawbridge Operations: Atlantic Beach Bridge, Reynolds Channel, Lawrence, NY, 16735-16736 2017-06817 Yellow Mill Channel, Bridgeport, CT, 16735 2017-06818 PROPOSED RULES Special Local Regulations and Safety Zones:

Recurring Marine Events and Fireworks Displays within Fifth Coast Guard District, 16746-16770 2017-06728 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 16808 2017-07023 Defense Department Defense Department NOTICES Meetings:

Department of Defense Military Family Readiness Council; Amendment, 16817 2017-06855 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance Eligibility Petitions, 16785-16786 2017-06815 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See National Nuclear Security Administration See Southeastern Power Administration Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings:

Executive Summit on Hydropower Research and Development, 16817-16818 2017-06859 Environmental Protection Environmental Protection Agency RULES Mercury and Air Toxics Standards: Electronic Reporting Requirements, 16736-16740 2017-06884 Reclassification of the Reclassification of the Sheboygan, Wisconsin Area To Moderate Nonattainment for the 2008 Ozone National Ambient Air Quality Standards; Correction, Wisconsin Area To Moderate Nonattainment for the 2008 Ozone National Ambient Air Quality Standards;

Correction, 16740-16741 2017-06888 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Connecticut; Reasonably Available Control Technology for the 2008 8-Hour Ozone National Ambient Air Quality Standards, 16772-16777 2017-06891 Montana; Administrative Rule Revisions, 16770-16772 2017-06894 NOTICES Meetings: National Advisory Council for Environmental Policy and Technology: Assumable Waters Subcommittee, 16830 2017-06899 Farm Credit Farm Credit Administration NOTICES Meetings;

Sunshine Act, 16831 2017-06965 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Embraer S.A. Airplanes, 16725-16728 2017-05373 General Electric Company Turbofan Engines, 16728-16730 2017-06715 NOTICES Charter Renewals: RTCA Federal Advisory Committee, 16873 2017-06808 Petitions for Exemption; Summaries: The Boeing Co., 16872-16873 2017-06794 Federal Bureau Federal Bureau of Investigation NOTICES Meetings: Compact Council for the National Crime Prevention and Privacy Compact, 16854-16855 2017-06820 Federal Communications Federal Communications Commission PROPOSED RULES Updates Concerning Non-Geostationary, Fixed-Satellite Service System and Related Matters, 16777-16778 2017-06483 NOTICES Meetings:

Broadband Deployment Advisory Committee, 16831-16832 2017-06534 Wireline Competition Bureau, E-Rate Inflation-Based Cap for Funding Year 2017, 16831 2017-06850 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16823-16824 2017-06847 Applications: Alabama Power Co., 16824-16825 2017-06845 Combined Filings, 16818-16819, 16825-16827 2017-06839 2017-06840 2017-06841 2017-06842 Environmental Impact Statements;

Availability, etc.: Mountain Valley Pipeline LLC, Equitrans LP, 16819 2017-06835 License Applications: Erie Boulevard Hydropower, LP, 16821 2017-06836 Green Mountain Power Corp., 16821-16822 2017-06846 Preliminary Permit Applications: Merchant Hydro Developers, LLC, 16820, 16822-16823 2017-06837 2017-06838 Staff Attendances, 16819-16820, 16827-16828 2017-06843 2017-06844 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings: Post-Accident Reporting Advisory Committee, 16873-16874 2017-06809 Federal Retirement Federal Retirement Thrift Investment Board PROPOSED RULES Freedom of Information Act, 16744-16746 2017-06821 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species:

Proposed Low-Effect Habitat Conservation Plan, Lake County, FL, 16848-16849 2017-06801 Food and Drug Food and Drug Administration RULES Sanitary Transportation of Human and Animal Food Rule: Waivers from Requirements, 16733-16735 2017-06854 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 16877-16878 2017-06792 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Mead Johnson & Company, LLC, dba Mead Johnson Nutritional, Subzone 43B, Zeeland, MI, 16786 2017-06834 Subzone Applications:

Expeditors International of Washington, Inc., Foreign-Trade Zone 37, Orange County, NY, 16786 2017-06833 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Revision of Land and Resource Management Plan for the Tonto National Forest; Counties of Coconino, Gila, Maricopa, Pinal, and Yavapai, AZ, 16779-16782 2017-06788 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Assistance and Social Services, 16853 2017-06795 IDEIA Part B and C Child Count, 16854 2017-06796 Rate Adjustments for Indian Irrigation Projects, 16849-16853 2017-06829 Industry Industry and Security Bureau RULES Revisions to the Unverified List, 16730-16733 2017-06857 NOTICES Denials of Export Privileges:

Amin Al-Baroudi a/k/a Abu al-Jud, 16788-16789 2017-06810 Juan Jose Estrada, 16787-16788 2017-06819 Sihai Cheng a/k/a Alex Cheng a/k/a Chun Hai Cheng, 16786-16787 2017-06811 Song II Kim a/k/a Kim Song Il, 16789-16790 2017-06812 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, and the Republic of Korea, 16790-16792 2017-06832 Certain Stainless Steel Wire Rods from India, 16795-16796 2017-06828 Circular Welded Carbon Steel Pipes and Tubes from Thailand, 16793-16795 2017-06849 Polyethylene Retail Carrier Bags from Malaysia, 16792-16793 2017-06822 Applications for Duty-Free Entry of Scientific Instruments, 16796-16797 2017-06825 Duty-Free Entry of Scientific Instruments;

Applications: Lafayette College, 16797 2017-06824 Rutgers University, et al., 16795 2017-06823 Subzone Status; Approvals: Orgill, Inc., Post Falls, ID, 16796 2017-06831 Justice Department Justice Department See Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16855-16856 2017-06786 2017-06799 Labor Department Labor Department See Occupational Safety and Health Administration See Workers Compensation Programs Office National Endowment for the Arts National Endowment for the Arts NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 16859 2017-06798 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institute of Standards and Technology NOTICES Meetings: Manufacturing Extension Partnership Advisory Board, 16797-16798 2017-06776 National Institute National Institutes of Health NOTICES Meetings: National Institute of Allergy and Infectious Diseases, 16847 2017-06773 National Institute of Environmental Health Sciences, 16846-16847 2017-06774 National Institute on Aging, 16847 2017-06772 Office of the Director, 16846 2017-06775 Energy National Nuclear National Nuclear Security Administration NOTICES Charter Renewals:

Defense Programs Advisory Committee, 16818 2017-06892 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pollock in Statistical Area 610 in the Gulf of Alaska, 16742-16743 2017-06814 NOTICES Meetings: Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean Southeast Data, Assessment, and Review, 16798 2017-06806 Mid-Atlantic Fishery Management Council, 16798-16799 2017-06807 Science Advisory Board, 16799-16800 2017-06858 Takes of Marine Mammals Incidental to Specified Activities:

Tidal Marsh Restoration Project, 16800-16808 2017-06791 National Science National Science Foundation NOTICES Requests for Nominations: Directorate and Office Advisory Committees, 16859-16860 2017-06853 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Safeguards on Nuclear Material: Implementation of United States/International Atomic Energy Agency Agreement, 16862-16863 2017-06785 License Renewals:

University of Florida, Training Reactor, 16860-16862 2017-06871 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Nationally Recognized Testing Laboratories: Bay Area Compliance Laboratories Corp., 16856-16858 2017-06870 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Multiemployer Plan Regulations, 16863-16865 2017-06802 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety:

Underground Natural Gas Storage Facility User Fee, 16874-16876 2017-06803 Special Permit Requests: Bangor, ME, 16876 2017-06804 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 16865 2017-06851 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Crime Victims' Rights Week (Proc. 9587), 16887-16890 2017-07065 ADMINISTRATIVE ORDERS Government Agencies and Employees: National Security Council, Homeland Security Council, and Subcommittees;

Organization (Memorandum of April 4, 2017), 16879-16885 2017-07064 Procurement Procurement and Property Management Office, Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16783-16784 2017-06856 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16869 2017-06784 Orders: Extending a Temporary Exemption from Compliance with Rules under the Securities Exchange Act, 16867-16868 2017-06793 Self-Regulatory Organizations;

Proposed Rule Changes: New York Stock Exchange LLC, 16865-16867 2017-06787 Social Social Security Administration NOTICES Rescission of Social Security Rulings 96-2p, 96-5p, and 06-3p; Correction, 16869 2017-06902 Southeastern Southeastern Power Administration NOTICES Rate Adjustments: Georgia-Alabama-South Carolina System of Projects, 16828-16830 2017-06860 State Department State Department NOTICES Environmental Impact Statements; Availability, etc.: Foreign Missions Center at the Former Walter Reed Army Medical Center, Washington, DC, 16870-16871 2017-06789 Intercountry Adoptions, 16869-16870 2017-06862 Meetings:

Advisory Committee on International Postal and Delivery Services, 16871 2017-06861 Binational Bridges and Border Crossings Group, 16871-16872 2017-06863 Surface Transportation Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Demurrage Liability Disclosure Requirements, 16872 2017-06790 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Monthly Report on Naturalization Papers, 16847-16848 2017-06816 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16858-16859 2017-06872 Separate Parts In This Issue Part II Presidential Documents, 16879-16885 2017-07064 Part III Presidential Documents, 16887-16890 2017-07065 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 65 Thursday, April 6, 2017 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0059; Directorate Identifier 2013-NM-075-AD; Amendment 39-18832; AD 2017-06-08] RIN 2120-AA64 Airworthiness Directives;

Embraer S.A. Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are superseding Airworthiness Directive

(AD)2006-06-09, AD 2012-05-08, and AD 2012-07-08, for certain Embraer S.A. Model ERJ 170 airplanes. This AD requires revising the maintenance or inspection program, as applicable, to incorporate new airworthiness limitations. This AD was prompted by a determination that more restrictive airworthiness limitations are necessary. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective May 11, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of May 11, 2017. The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of May 29, 2012 (77 FR 24342, April 24, 2012). ADDRESSES: For service information identified in this final rule, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-Putim-12227-901 São 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 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 No. FAA-2014-0059. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* by searching for and locating Docket No. FAA-2014-0059; 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 address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Ana Martinez Hueto, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1622; fax 425-227-1320. SUPPLEMENTARY INFORMATION: Discussion We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to supersede AD 2006-06-09, Amendment 39-14518 (71 FR 14365, March 22, 2006) (“AD 2006-06-06”); AD 2012-05-08, Amendment 39-16980 (77 FR 16155, March 20, 2012) (“AD 2012-05-08”); and AD 2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012) (“AD 2012-07-08”); which applied to all Embraer S.A. Model ERJ 170 airplanes. The SNPRM published in the **Federal Register** on September 12, 2016 (81 FR 62668) (“the SNPRM”). We preceded the SNPRM with a notice of proposed rulemaking

(NPRM)that published in the **Federal Register** on February 27, 2014 (79 FR 11013) (“the NPRM”). The NPRM was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations are necessary than those required by AD 2012-07-08. The NPRM proposed to require a revision to the maintenance or inspection program, as applicable, to incorporate new inspections. The SNPRM also proposed to revise the maintenance or inspection program, as applicable, to incorporate the new airworthiness limitations section of the maintenance review board report (MRBR), remove certain airplanes from the applicability, and supersede AD 2006-06-09, AD 2012-05-08, and AD 2012-07-08, which require tasks that are now included in the new revision of the MRBR. We are issuing this AD to detect and correct fatigue cracking of various PSEs; such cracking could result in reduced structural integrity of the airplane. We are also issuing this AD to prevent safety-significant latent failures; such failures, in combination with one or more other specified failures or events, could result in a hazardous or catastrophic failure condition of avionics, hydraulic systems, fire detection systems, fuel systems, or other critical systems. We are also issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions; such failures, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. The Agência Nacional de Aviação Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2015-06-01, effective June 2, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition on certain Embraer S.A. Model ERJ 170 airplanes. The MCAI states: This [Brazilian] AD was prompted by a new revision to the airworthiness limitations of the Maintenance Review Board Report. This [Brazilian] AD is being issued to ensure that fatigue cracking of various principal structural elements is detected and corrected; such fatigue cracking, could adversely affect the structural integrity of these airplanes. The required action is revising the maintenance or inspection program, as applicable, to incorporate the airworthiness limitations in Appendix A—Airworthiness Limitations to the EMBRAER 170/175 Maintenance Review Board Report, MRB-1621, Revision 10, dated February 23, 2015, which is divided into four parts: Part 1—Certification Maintenance Requirements (CMR), Part 2—Airworthiness Limitation Inspections (ALI)—Structures, Part 3—Fuel System Limitation Items (FSL), and Part 4—Life Limited Items (LLI). You may examine the MCAI in the AD docket on the Internet at *http://www.regulations.gov* by searching for and locating Docket No. FAA-2014-0059. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comment received on the SNPRM and the FAA's response to that comment. Request To Allow Use of Future Revisions of Service Information SkyWest Airlines requested an allowance for future revisions of the EMBRAER 170/175 Maintenance Review Board Report, MRB-1621, (“MRB-1621”), to be used as long as the tasks, intervals, and requirements haven't changed. The commenter stated that if the purpose of the SNPRM was to ensure that operators are using the new airworthiness limitations, it would seem that using later revisions of MRB-1621, as long as the tasks, intervals, and requirements haven't changed would make it easier to comply with the proposed requirements, and with the airworthiness limitation revisions that come with newly delivered airplanes. The commenter explained that operators might have to divide their maintenance and inspection program into groups of airplanes. For airplanes with the serial numbers identified in the SNPRM, operators would be required to use MRB-1621, Revision 10, and for newly delivered airplanes operators would be required to comply with the EMBRAER 170/175 Maintenance Review Board Report revision released when the new airplanes were delivered. We agree with the commenter's observation that operators might have to use two different revisions of MRB-1621, the revision required by this final rule and the revision that is released with newly delivered airplanes; however, in an AD we may not refer to any document that does not yet exist. Allowing the use of a “later revision” of a specific service document violates Office of the Federal Register

(OFR)regulations for approval of materials “incorporated by reference,” as specified in 1 CFR 51.1(f). Operators may request approval to use later revisions of a referenced document as an alternative method of compliance

(AMOC)under the provisions specified in paragraph (k)(1) of this AD. The FAA routinely approves AMOCs that allow operators to incorporate later revisions of referenced ALI documents (issued after publication of the AD) into their maintenance or inspection programs instead of the revision required by an AD. This allows an operator to comply with both the AD, for affected airplanes, and the airplane's type design for later delivered airplanes. We have not changed this AD regarding this issue. Conclusion We reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting this AD as proposed, with minor editorial changes. We have determined that these changes: • Are consistent with the intent that was proposed in the SNPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the SNPRM. Related Service Information Under 1 CFR Part 51 Embraer S.A. has issued Appendix A—Airworthiness Limitations to the EMBRAER 170/175 Maintenance Review Board Report, MRB-1621, Revision 10, dated February 23, 2015, which is divided into four parts. As noted in the titles of each of these parts, Appendix A addresses Certification Maintenance Requirements (CMRs), airworthiness limitation inspections

(ALIs)for structures, fuel system limitation items (FSLs), and life-limited items (LLI), and includes established tasks and intervals. 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 286 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Revision of the maintenance or inspection program (retained action from AD 2012-07-08) 1 work-hour × $85 per hour = $85 $0 $85 $24,310 Revision of the maintenance or inspection program (new action) 1 work-hour × $85 per hour = $85 0 85 24,310 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: a. Removing Airworthiness Directives

(AD)2006-06-09, Amendment 39-14518 (71 FR 14365, March 22, 2006); AD 2012-05-08, Amendment 39-16980 (77 FR 16155, March 20, 2012); and AD 2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012); and b. Adding the following new AD: **2017-06-08 Embraer S.A.:** Amendment 39-18832; Docket No. FAA-2014-0059; Directorate Identifier 2013-NM-075-AD.

(a)Effective Date This AD is effective May 11, 2017.

(b)Affected ADs This AD replaces the ADs specified in paragraphs (b)(1), (b)(2), and (b)(3) of this AD:

(1)AD 2006-06-09, Amendment 39-14518 (71 FR 14365, March 22, 2006) (“AD 2006-06-09”).

(2)AD 2012-05-08, Amendment 39-16980 (77 FR 16155, March 20, 2012) (“AD 2012-05-08”).

(3)AD 2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012) (“AD 2012-07-08”).

(c)Applicability This AD applies to Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD airplanes; certificated in any category; manufacturer serial numbers 17000002, 17000004 through 17000013 inclusive, and 17000015 through 17000453 inclusive.

(d)Subject Air Transport Association

(ATA)of America Codes 27, Flight controls; 28, Fuel; 52, Doors; 53, Fuselage; 54, Nacelles/pylons; 55, Stabilizers; 57, Wings; 71, Powerplant; and 78, Exhaust.

(e)Reason This AD was prompted by a determination that more restrictive airworthiness limitations are necessary. We are issuing this AD to detect and correct fatigue cracking of various principal structural elements (PSEs); such cracking could result in reduced structural integrity of the airplane. We are also issuing this AD to prevent safety-significant latent failures; such failures, in combination with one or more other specified failures or events, could result in a hazardous or catastrophic failure condition of avionics, hydraulic systems, fire detection systems, fuel systems, or other critical systems. We are also issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions; such failures, 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 Maintenance Program Revision, With No Changes This paragraph restates the action required by paragraph

(i)of AD 2012-07-08, with no changes.

(1)Within 60 days after May 29, 2012 (the effective date of AD 2012-07-08): Revise the maintenance program to incorporate the new or revised tasks specified in Part 2—Airworthiness Limitation Inspection (ALI)—Structures, of Appendix A, Airworthiness Limitations, to the EMBRAER 170 Maintenance Review Board Report (MRBR), MRB-1621, Revision 7, dated November 11, 2010; and EMBRAER Temporary Revision 7-1, dated February 11, 2011, to Part 2—Airworthiness Limitation Inspection (ALI)—Structures, of Appendix A, Airworthiness Limitations, to the EMBRAER 170 MRBR, MRB-1621, Revision 7, dated November 11, 2010; with the initial compliance times and intervals specified in these documents.

(2)The initial compliance times for the tasks start from the date of issuance of the original Brazilian airworthiness certificate or the date of issuance of the original Brazilian export certificate of airworthiness of the applicable airplane at the applicable time specified in the tasks, or within 600 flight cycles after revising the maintenance program, whichever occurs later. For certain tasks, the compliance times depend on the pre-modification and post-modification status of the actions specified in the associated service bulletin, as specified in the “Applicability” column of Part 2—Airworthiness Limitation Inspection (ALI)—Structures, of Appendix A, Airworthiness Limitations, to the EMBRAER 170 MRBR, MRB-1621, Revision 7, dated November 11, 2010; and EMBRAER Temporary Revision 7-1, dated February 11, 2011, to Part 2—Airworthiness Limitation Inspection (ALI)—Structures, of Appendix A, Airworthiness Limitations, to the EMBRAER 170 MRBR, MRB-1621, Revision 7, dated November 11, 2010.

(h)Retained No Alternative Actions Intervals, and/or Critical Design Configuration Control Limitations (CDCCLs), With New Exception This paragraph restates the action required by paragraph

(j)of AD 2012-07-08, with a new exception. Except as required by paragraph

(i)of this AD, after accomplishing the revisions required by paragraph

(g)of this AD, no alternative actions ( *e.g.,* inspections), intervals, and/or CDCCLs may be used other than those specified in Part 2—Airworthiness Limitation Inspection (ALI)—Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR MRB-1621, Revision 7, dated November 11, 2010; and EMBRAER Temporary Revision 7-1, dated February 11, 2011, to Part 2—Airworthiness Limitation Inspection (ALI)—Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB-1621, Revision 7, dated November 11, 2010; unless the actions, intervals, and/or CDCCLs are approved as an alternative method of compliance

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

(i)New Revision of Maintenance or Inspection Program Within 12 months after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the airworthiness limitations specified in Part 1—Certification Maintenance Requirements (CMR); Part 2—Airworthiness Limitation Inspections (ALI)—Structures; Part 3—Fuel System Limitation Items (FSL); and Part 4—Life Limited Items (LLI); of Appendix A—Airworthiness Limitations; of the EMBRAER 170/175 MRBR, MRB-1621, Revision 10, dated February 23, 2015. The initial compliance times and repetitive intervals are specified in the applicable part of the EMBRAER 170/175 MRBR, MRB-1621, Revision 10, dated February 23, 2015. Accomplishing the revision to the maintenance or inspection program required by this paragraph terminates the requirements of paragraph

(g)of this AD.

(j)No Alternative Actions, Intervals, or CDCCLs After accomplishing the revision required by paragraph

(i)of this AD, no alternative actions ( *e.g.,* inspections), intervals, or CDCCLs may be used unless the actions, intervals, and CDCCLs are approved as an AMOC in accordance with the procedures specified in paragraph (k)(1) of this AD.

(k)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: Ana Martinez Hueto, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1622; fax 425-227-1320. 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 Agência Nacional de Aviação Civil (ANAC); or ANAC's authorized Designee. If approved by the ANAC Designee, the approval must include the Designee's authorized signature.

(l)Related Information Refer to Mandatory Continuing Airworthiness Information

(MCAI)Brazilian Airworthiness Directive 2015-06-01, effective June 2, 2015, 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-2014-0059.

(m)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 May 11, 2017.

(i)Appendix A—Airworthiness Limitations to the EMBRAER 170/175 Maintenance Review Board Report, MRB-1621, Revision 10, dated February 23, 2015.

(ii)Reserved.

(4)The following service information was approved for IBR on May 29, 2012 (77 FR 24342, April 24, 2012).

(i)Part 2—Airworthiness Limitation Inspection (ALI)—Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER 170 Maintenance Review Board Report, MRB-1621, Revision 7, dated November 11, 2010. Only the title page of this document specifies the revision level.

(ii)EMBRAER Temporary Revision 7-1, dated February 11, 2011, to Part 2—Airworthiness Limitation Inspection (ALI)—Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER 170 Maintenance Review Board Report, MRB-1621, Revision 7, dated November 11, 2010.

(5)For service information identified in this AD, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-Putim-12227-901 São 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.*

(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 March 10, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-05373 Filed 4-5-17; 8:45 am]

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