Unknown. Final rule

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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-2017-09-06.xml --- 82 171 Wednesday, September 6, 2017 Contents Agriculture Agriculture Department See Food Safety and Inspection Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Environmental Information, 42116-42117 2017-18841 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 42082 2017-18776 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42096-42098 2017-18814 Civil Rights Civil Rights Commission NOTICES Meetings: Minnesota Advisory Committee, 42072 2017-18757 Coast Guard Coast Guard RULES Drawbridge Operations: Newtown Creek, New York, NY, 42032 2017-18822 Safety Zones: Upper Mississippi River, St. Louis, MO, 42033-42036 2017-18861 2017-18863 PROPOSED RULES Special Local Regulations:

Atlantic Ocean, Ft. Lauderdale, FL, 42050-42052 2017-18829 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Navy Department Drug Drug Enforcement Administration NOTICES Decisions and Orders: Marcus W. Anderson, M.D., 42117-42119 2017-18784 Importers of Controlled Substances; Applications: Fisher Clinical Services, Inc., 42121 2017-18785 KVK-Tech, Inc., 42119-42120 2017-18787 Mylan Pharmaceuticals, Inc., 42120-42121 2017-18801 Siegfried USA, LLC, 42117 2017-18802 2017-18803 Spex Certiprep Group, LLC, 42120 2017-18788 Manufacturers of Controlled Substances;

Applications: Stepan Co., 42119 2017-18789 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Study of Weighted Student Funding and School-Based Systems (Study Instruments), 42083-42084 2017-18754 Inviting Publishers to Submit Tests: Determination of Suitability for Use in the National Reporting System for Adult Education, 42082-42083 2017-18867 Election Election Assistance Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2018 Election Administration and Voting Survey, 42084-42086 2017-18876 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Nevada; Regional Haze Progress Report; Correction, 42040-42041 2017-18769 New Hampshire; Rules for Open Burning and Incinerators, 42037-42040 2017-18774 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: New Hampshire; Rules for Open Burning and Incinerators, 42054 2017-18775 North Carolina; Open Burning and Miscellaneous Revisions, 42055 2017-18767 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Reference and Equivalent Method Determination, 42093-42094 2017-18766 Certain New Chemicals: Receipt and Status Information for May 2017, 42088-42093 2017-18779 Meetings: Science Advisory Board Chemical Assessment Advisory Committee, 42095-42096 2017-18764 Pesticides:

Draft Guidance for Pesticide Registrants on Notifications, Non-Notifications and Minor Formulation Amendments, 42094-42095 2017-18765 Proposed CERCLA Administrative Settlement Agreements: RBF Frozen Desserts Superfund Site, West Hartford, CT, 42088 2017-18872 Receipt of Information: Toxic Substances Control Act, 42087-42088 2017-18759 Requests for Nominations: Augmented Science Advisory Committee on Chemicals, 42094 2017-18778 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Diamond Aircraft Industries GmbH Airplanes, 42029-42031 2017-18624 Embraer S.A. Airplanes, 42021-42024 2017-16667 Viking Air Limited (Type Certificate Previously Held by Bombardier, Inc.; Canadair Limited) Airplanes, 42024-42029 2017-17838 PROPOSED RULES Airworthiness Criteria: Glider Design Criteria for Alexander Schleicher GmbH and Co. Models ASG 32 and ASG 32 Mi Gliders, 42049-42050 2017-18846 NOTICES Environmental Assessments; Availability, etc.: Modification to Previously Published Notice of Intent, 42221 2017-18920 Waiver of Aeronautical Land-Use Assurance, 42221-42222 2017-18845 Federal Communications Federal Communications Commission RULES Radio Broadcasting Services;

Various Locations, 42041-42043 2017-18831 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 42086-42087 2017-18842 2017-18843 2017-18844 Federal Highway Federal Highway Administration NOTICES Federal Agency Actions: Alaska; Proposed Highway, 42222-42223 2017-18901 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Diabetes, 42223-42225 2017-18826 Fish Fish and Wildlife Service RULES Endangered and Threatened Species:

Tonkin Snub-Nosed Monkey; Technical Correction, 42043-42044 2017-18866 Food and Drug Food and Drug Administration RULES Guidance: Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption: What You Need to Know About the Food and Drug Administration Regulation, 42031-42032 2017-18811 NOTICES Determinations that Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: GYNOREST (Dydrogesterone) Oral Tablets, 5 Milligrams and 10 Milligrams, 42101 2017-18816 RITALIN LA (Methylphenidate Hydrochloride) Extended-Release Capsules, 60 Milligrams, 42103-42104 2017-18817 Guidance:

Design Considerations and Premarket Submission Recommendations for Interoperable Medical Devices, 42101-42103 2017-18815 Meetings: Development of a List of Pre-Dietary Supplement Health and Education Act Dietary Ingredients, 42098-42100 2017-18812 Food and Drug Administration, Center for Drug Evaluation and Research Rare Diseases Public Workshop: Strategies, Tools, and Best Practices for Effective Advocacy in Rare Diseases Drug Development, 42100 2017-18810 Withdrawal of Approval of Three New Drug Applications and One Abbreviated New Drug Application;

Correction: B. Braun Medical, Inc., 42098 2017-18813 Food Safety Food Safety and Inspection Service NOTICES Guidance: Minimizing the Risk of Shiga Toxin-Producing Escherichia coli and Salmonella in Raw Beef (including Veal) Processing Operations, 42059-42061 2017-18847 International Standard-Setting Activities, 42061-42072 2017-18832 Request for Comments: Public Health Information System Export Component Country Implementation, 42056-42059 2017-18848 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings;

Sunshine Act, 42121 2017-18962 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S. Immigration and Customs Enforcement Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Grant Drawdown Payment Request/LOCCS/VRS Voice Activated, 42109-42110 2017-18853 Public Housing Annual Contributions Contract and Inventory Removal Application, 42106-42109 2017-18856 Public Housing Financial Management Template, 42105-42106 2017-18851 Requirements for Designating Housing Projects, 42109 2017-18850 Indian Affairs Indian Affairs Bureau NOTICES HEARTH Act:

Approval of Stillaguamish Tribe of Indians' Leasing Regulations, 42111-42112 2017-18849 Approval of the Osage Nation Regulations, 42112-42113 2017-18852 Proclaiming Certain Lands as Reservations: The Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin, 42110-42111 2017-18854 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Sale of Residence From Qualified Personal Residence Trust, 42226 2017-18839 Members of Senior Executive Service Performance Review Boards, 42227-42228 2017-18840 International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Steel Import License, 42074 2017-18819 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Advance Notification of Sunset Reviews, 42078-42079 2017-18762 Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of Korea;

Final Results of Administrative Review, 2015-2016, 42075-42076 2017-18824 Initiation of Five-Year Sunset Reviews, 42073-42074 2017-18763 Light-Walled Rectangular Pipe and Tube from Mexico: Preliminary Results of Administrative Review, 2015-2016, 42076-42078 2017-18825 Charter Renewals: United States Travel and Tourism Advisory Board, 42072-42073 2017-18820 International Trade Com International Trade Commission NOTICES Complaints: Certain Synthetically Produced, Predominantly EPA Omega-3 Products in Ethyl Ester or Re-esterified Triglyceride Form, 42114-42115 2017-18773 Investigations;

Determinations, Modifications, and Rulings, etc.: Cast Iron Soil Pipe Fittings from China, 42113-42114 2017-18508 Certain Microfluidic Devices; Institution of Investigation, 42115-42116 2017-18808 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Foreign Claims Settlement Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42121-42125 2017-18833 2017-18834 2017-18835 2017-18836 2017-18837 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 42225-42226 2017-18827 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute, 42104 2017-18804 National Institute of Diabetes and Digestive and Kidney Diseases, 42104-42105 2017-18806 National Institute on Aging, 42104 2017-18805 National Oceanic National Oceanic and Atmospheric Administration RULES Authorization of Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers in Texas and Portions of Louisiana, 42044-42046 2017-18963 Fisheries of Exclusive Economic Zone Off Alaska:

Atka Mackerel in Bering Sea and Aleutian Islands Management Area, 42047 2017-18830 Pacific Cod by Catcher/Processors using Trawl Gear in Central Regulatory Area of Gulf of Alaska, 42046 2017-18818 Pacific Cod in Bering Sea and Aleutian Islands Management Area, 42047-42048 2017-18862 NOTICES Meetings: Columbia Basin Partnership Task Force of the Marine Fisheries Advisory Committee, 42081 2017-18144 Gulf of Mexico Fishery Management Council, 42080-42081 2017-18868 2017-18869 Mid-Atlantic Fishery Management Council, 42079 2017-18871 Western Pacific Fishery Management Council, 42079-42080 2017-18870 National Science National Science Foundation NOTICES Applications:

Antarctic Conservation Act Permit, 42125 2017-18781 Navy Navy Department NOTICES Government-Owned Inventions; Available for Licensing, 42082 2017-18915 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Guidance: Clarification of Compensatory Measure Requirements for Physical Protection Program Deficiencies, 42126-42127 2017-18755 License Applications: Entergy Operations, Inc., River Bend Station, Unit 1, 42126 2017-18786 Meetings; Sunshine Act, 42125 2017-18911 Postal Service Postal Service NOTICES Meetings;

Sunshine Act, 42127 2017-19021 Product Changes: Priority Mail Negotiated Service Agreement, 42127 2017-18770 2017-18771 2017-18772 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Alcohol and Drug Addiction Recovery Month (Proc. 9633), 42229-42232 2017-19046 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42167-42168, 42180-42181, 42194-42195, 42205-42206 2017-18857 2017-18858 2017-18859 2017-18860 Applications:

SL Advisors, LLC, et al., 42201-42203 2017-18777 Meetings; Sunshine Act, 42199-42200 2017-18933 Self-Regulatory Organizations; Proposed Rule Changes: Bats BYX Exchange Inc.; Bats BZX Exchange, Inc.; Bats EDGA Exchange, Inc.; et al., 42143-42146 2017-18794 Bats BYX Exchange, Inc., 42127-42141 2017-18792 Bats BZX Exchange, Inc., 42181-42194 2017-18791 Bats BZX Exchange, Inc.; Bats EDGX Exchange, Inc.; BOX Options Exchange, LLC; et al., 42168-42180 2017-18793 Bats EDGA Exchange, Inc., 42206-42219 2017-18790 Bats EDGX Exchange, Inc., 42153-42167 2017-18797 BOX Options Exchange, LLC, 42195-42201 2017-18798 2017-18800 Investors Exchange, LLC, 42141-42143 2017-18796 NASDAQ PHLX, LLC, 42203-42205 2017-18795 NYSE Arca, Inc., 42147-42153 2017-18799 Small Business Small Business Administration NOTICES Disaster Declarations:

Texas, 42220 2017-18761 Major Disaster Declarations: Texas, 42220 2017-18760 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Giovanni Bellini—Landscapes of Faith in Renaissance Venice, 42220-42221 2017-18821 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service Immigration U.S.

Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Immigration Bond, 42105 2017-18809 Veteran Affairs Veterans Affairs Department PROPOSED RULES Electronic Submission of Certain Servicemembers' Group Life Insurance, Family Servicemembers' Group Life Insurance, and Veterans' Group Life Insurance Forms, 42052-42054 2017-18677 Separate Parts In This Issue Part II Presidential Documents, 42229-42232 2017-19046 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. 82 171 Wednesday, September 6, 2017 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0008; Product Identifier 2013-NM-076-AD; Amendment 39-18985; AD 2017-16-08] 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)2012-23-09, which applied to all Embraer S.A. Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. AD 2012-23-09 required revising the maintenance program to incorporate certain modifications in airworthiness limitations. This new AD requires revising the maintenance or inspection program to incorporate certain modifications in the airworthiness limitations to include new inspection tasks and their respective thresholds and intervals. This AD was prompted by our determination that more restrictive maintenance requirements and airworthiness limitations are necessary. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective October 11, 2017. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 11, 2017. The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of January 14, 2013 (77 FR 73270, December 10, 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 Standards Branch, 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-2014-0008. 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-2014-0008; 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 Section, Transport Standards Branch, 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 2012-23-09, Amendment 39-17265 (77 FR 73270, December 10, 2012) (“AD 2012-23-09”). AD 2012-23-09 applied to all Embraer S.A. Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. The SNPRM published in the **Federal Register** on May 22, 2017 (82 FR 23153) (“the SNPRM”). We preceded the SNPRM with a notice of proposed rulemaking

(NPRM)that published in the **Federal Register** on February 3, 2014 (79 FR 6106) (“the NPRM”). The NPRM was prompted by our determination that more restrictive maintenance requirements and airworthiness limitations are necessary. The NPRM proposed to require revising the maintenance or inspection program to incorporate modifications in the airworthiness limitations specified in the Embraer S.A. ERJ 190/195 MRBR to include new inspection tasks and their respective thresholds and intervals. The SNPRM proposed to revise the NPRM by adding a requirement to revise the maintenance or inspection program, as applicable, to incorporate new airworthiness limitations and by adding certain airplanes to the applicability. We are issuing this AD to detect and correct fatigue cracking of structural components, which could result in reduced structural integrity of the airplane. The Agência Nacional de Aviação Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2016-04-01, effective April 4, 2016 (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 190-100 STD, -100 LR, -100 IGW, and -100 ECJ airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. The MCAI states: This [Brazilian] AD was prompted by a determination that existing maintenance requirements and airworthiness limitations are inadequate to ensure the structural integrity of the airplane. We are issuing this [Brazilian] AD to prevent failure of certain system components, which could result in reduced structural integrity of the airplane. The required action is revising the maintenance or inspection program, as applicable, to incorporate the airworthiness limitations. 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-2014-0008. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the SNPRM 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 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 the following service information for Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW, ERJ 190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes. • Appendix A, Airworthiness Limitations (AL), of the EMBRAER ERJ 190/195 Maintenance Review Board Report (MRBR), MRB-1928, Revision 9, dated August 14, 2015. This service information describes certification maintenance requirements, airworthiness limitation inspections for structures, fuel system limitation items, and life limited items, which make up the airworthiness limitations in the MRBR. • EMBRAER MRB—Temporary Revision 9-1, dated October 27, 2015, which provides revised airworthiness limitation inspections and life-limited items due to new structural provisions for Live TV and Connectivity System. • EMBRAER MRB—Temporary Revision 9-3, dated October 27, 2015, which updates the life limitations of certain main landing gear and nose landing gear components. Embraer S.A. has also issued the following service information for Model ERJ 190-100 ECJ airplanes. • Appendix A, Airworthiness Limitations (AL), of the EMBRAER Lineage 1000/1000E Maintenance Planning Guide (MPG), MPG-2928, Revision 4, dated July 14, 2014. This service information describes certification maintenance requirements, airworthiness limitation inspections for structures, fuel system limitation items, and life-limited items, which make up the airworthiness limitations in the MPG. • EMBRAER MPG—Temporary Revision 4-2, dated February 13, 2015, which describes detailed inspections for the upper doubler at the forward passenger door cutout. • EMBRAER MPG—Temporary Revision 4-3, dated October 30, 2015, which updates the life limitations of certain main landing gear and nose landing gear components. 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 83 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 (retained actions from AD 2012-23-09) 1 work-hour × $85 per hour = $85 $0 $85 $7,055 Revision to include MPG-2928, Revision 4, and temporary revisions (new action) 1 work-hour × $85 per hour = $85 0 85 7,055 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. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division. 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)2012-23-09, Amendment 39-17265 (77 FR 73270, December 10, 2012), and adding the following new AD: **2017-16-08 Embraer S.A.:** Amendment 39-18985; Docket No. FAA-2014-0008; Product Identifier 2013-NM-076-AD.

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

(b)Affected ADs This AD replaces 2012-23-09, Amendment 39-17265 (77 FR 73270, December 10, 2012) (“AD 2012-23-09”).

(c)Applicability This AD applies to Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes; certificated in any category; serial numbers 19000002, 19000004, 19000006 through 19000213 inclusive, 19000215 through 19000276 inclusive, 19000278 through 19000466 inclusive, 19000468 through 19000525 inclusive, and 19000527 through 19000696 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 structural components and to prevent failure of certain system components; these conditions could result in reduced structural integrity and system reliability of the airplane.

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

(g)Retained Revision of the Maintenance Program, With No Changes For Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW, ERJ 190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes: This paragraph restates the actions required by paragraph

(h)of AD 2012-23-09, with no changes. Within 90 days after January 14, 2013 (the effective date of AD 2012-23-09), revise the maintenance program to incorporate the tasks specified in Part 2—Airworthiness Limitation Inspections (ALI)—Structures, of Appendix A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance Review Board Report, MRB-1928, Revision 5, dated November 11, 2010; and EMBRAER Temporary Revision

(TR)5-1, dated February 11, 2011, to Part 2—Airworthiness Limitation Inspections (ALI)—Structures, of Appendix A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance Review Board Report, MRB-1928, Revision 5, dated November 11, 2010; with the thresholds and intervals stated in these documents. The initial compliance times for the tasks are stated in the “Implementation Plan” section of Appendix A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance Review Board Report, MRB-1928, Revision 5, dated November 11, 2010.

(h)Retained No Alternative Actions or Intervals, With New Exception This paragraph restates the actions required by paragraph

(i)of AD 2012-23-09, with a new exception. After accomplishing the revision required by paragraph

(g)of this AD, no alternative actions ( *e.g.,* inspections) or intervals, may be used, unless the actions or intervals are approved as an alternative method of compliance

(AMOC)in accordance with the procedures specified in paragraph (k)(1) of this AD, and except as required by paragraph

(i)of this AD.

(i)New Requirements of This AD: Revision of the Maintenance or Inspection Program

(1)For Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW, ERJ 190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes: Within 90 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the tasks specified in Part 2—Airworthiness Limitation Inspections—Structures, of Appendix A—Airworthiness Limitations (AL), of the EMBRAER 190/195 Maintenance Review Board Report, MRB-1928, Revision 9, dated August 14, 2015 (“MRB-1928, Revision 9”); EMBRAER MRB—TR 9-1, dated October 27, 2015, to Part 2—Airworthiness Limitation Inspections—Structures, and Part 4—Life Limited Items, of Appendix A, Airworthiness Limitations (AL), of MRB-1928, Revision 9; and EMBRAER MRB—TR 9-3, dated October 27, 2015, to Part 2—Airworthiness Limitation Inspections—Structures, of Appendix A, Airworthiness Limitations (AL), of MRB-1928, Revision 9; with the thresholds and intervals stated in these documents. The initial compliance times for the tasks are at the later of the times specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD. Doing the revision required by this paragraph terminates the revision required by paragraph

(g)of this AD.

(i)Within the applicable times specified in MRB-1928, Revision 9; EMBRAER MRB—TR 9-1, dated October 27, 2015, to Part 2—Airworthiness Limitation Inspections—Structures, and Part 4—Life Limited Items, of Appendix A, Airworthiness Limitations (AL), of MRB-1928, Revision 9; and EMBRAER MRB—TR 9-3, dated October 27, 2015, to Part 2—Airworthiness Limitation Inspections—Structures, of Appendix A, Airworthiness Limitations (AL), of MRB-1928, Revision 9. Where tasks are listed in both MRB-1928, Revision 9, and a temporary revision, the compliance times in the temporary revision take precedence.

(ii)Within 90 days or 600 flight cycles after the effective date of this AD, whichever occurs later.

(2)For Model ERJ 190-100 ECJ airplanes: Within 90 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the tasks specified in Part 1, Certification Maintenance Requirements, Part 2, Airworthiness Limitation Inspections—Structures, Part 3, Fuel System Limitation Items, and Part 4, Life Limited Items, of Appendix A, Airworthiness Limitation, of the EMBRAER Lineage 1000/1000E Maintenance Planning Guide, MPG-2928, Revision 4, dated July 14, 2014; EMBRAER MPG—TR 4-2, dated February 13, 2015; and EMBRAER MPG—TR 4-3, dated October 30, 2015; with the thresholds and intervals stated in these documents. The initial compliance times for the tasks are at the later of the times specified in paragraphs (i)(2)(i) and (i)(2)(ii) of this AD.

(i)Within the applicable times specified in Part 1, Certification Maintenance Requirements, Part 2, Airworthiness Limitation Inspections—Structures, Part 3, Fuel System Limitation Items, and Part 4, Life Limited Items, of Appendix A, Airworthiness Limitation (AL), of the EMBRAER Lineage 1000/1000E Maintenance Planning Guide, MPG-2928, Revision 4, dated July 14, 2014; EMBRAER MPG—TR 4-2, dated February 13, 2015; and EMBRAER MPG—TR 4-3, dated October 30, 2015. Where tasks are listed in both MPG-2928, Revision 4, and a temporary revision, the compliance times in the temporary revision take precedence.

(ii)Within 90 days or 600 flight cycles after the effective date of this AD, whichever occurs later.

(j)No Alternative Actions, Intervals, and/or Critical Design Configuration Control Limitations (CDCCLs) After accomplishment of the revision required by paragraph

(i)of this AD, no alternative actions ( *e.g.,* inspections), intervals, and/or CDCCLs may be used unless the actions, intervals, and/or 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 Section, Transport Standards Branch, 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 Section, send it to the attention of the person identified in paragraph (l)(2) of this AD. 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 Section, Transport Standards Branch, 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

(1)Refer to Mandatory Continuing Airworthiness Information

(MCAI)Brazilian AD 2016-04-01, effective April 4, 2016, 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-2014-0008.

(2)For more information about this AD, contact Ana Martinez Hueto, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1622; fax 425-227-1320.

(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 October 11, 2017.

(i)Appendix A, Airworthiness Limitations (AL), of the EMBRAER ERJ 190/195 Maintenance Review Board Report, MRB-1928, Revision 9, dated August 14, 2015.

(ii)Appendix A, Airworthiness Limitations (AL), of the EMBRAER Lineage 1000/1000E Maintenance Planning Guide, MPG-2928, Revision 4, dated July 14, 2014.

(iii)EMBRAER MPG—Temporary Revision 4-2, dated February 13, 2015.

(iv)EMBRAER MPG—Temporary Revision 4-3, dated October 30, 2015.

(v)EMBRAER MRB—Temporary Revision 9-1, dated October 27, 2015.

(vi)EMBRAER MRB—Temporary Revision 9-3, dated October 27, 2015.

(4)The following service information was approved for IBR on January 14, 2013 (77 FR 73270, December 10, 2012).

(i)EMBRAER Temporary Revision

(ii)Appendix A, Airworthiness Limitation (AL), of the EMBRAER 190 Maintenance Review Board Report, MRB-1928, Revision 5, 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 Standards Branch, 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 July 28, 2017. John P. Piccola, Jr., Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017-16667 Filed 9-5-17; 8:45 am]

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