39564 Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations 

IMPORT ASSESSMENT TABLE— 

Continued 

[Raw cotton fiber] 

HTS No. Conv. 

factor Cents/kg. 

6302321040 .. 0 .3876 0 .4991 

6302321050 .. 0 .3876 0 .4991 

6302321060 .. 0 .3876 0 .4991 

6302322010 .. 0 .5537 0 .7129 

6302322020 .. 0 .3876 0 .4991 

6302322030 .. 0 .5537 0 .7129 

6302322040 .. 0 .3876 0 .4991 

6302322050 .. 0 .3876 0 .4991 

6302322060 .. 0 .3876 0 .4991 

6302390030 .. 0 .2215 0 .2852 

6302402010 .. 0 .9412 1 .2119 

6302511000 .. 0 .5537 0 .7129 

6302512000 .. 0 .8305 1 .0694 

6302513000 .. 0 .5537 0 .7129 

6302514000 .. 0 .7751 0 .9980 

6302593020 .. 0 .5537 0 .7129 

6302600010 .. 1 .1073 1 .4258 

6302600020 .. 0 .9966 1 .2832 

6302600030 .. 0 .9966 1 .2832 

6302910005 .. 0 .9966 1 .2832 

6302910015 .. 1 .1073 1 .4258 

6302910025 .. 0 .9966 1 .2832 

6302910035 .. 0 .9966 1 .2832 

6302910045 .. 0 .9966 1 .2832 

6302910050 .. 0 .9966 1 .2832 

6302910060 .. 0 .9966 1 .2832 

6302931000 .. 0 .4429 0 .5703 

6302932000 .. 0 .4429 0 .5703 

6302992000 .. 0 .2215 0 .2852 

6303191100 .. 0 .8859 1 .1407 

6303910010 .. 0 .609 0 .7841 

6303910020 .. 0 .609 0 .7841 

6303921000 .. 0 .2768 0 .3564 

6303922010 .. 0 .2768 0 .3564 

6303922030 .. 0 .2768 0 .3564 

6303922050 .. 0 .2768 0 .3564 

6303990010 .. 0 .2768 0 .3564 

6304111000 .. 0 .9966 1 .2832 

6304113000 .. 0 .1107 0 .1425 

6304190500 .. 0 .9966 1 .2832 

6304191000 .. 1 .1073 1 .4258 

6304191500 .. 0 .3876 0 .4991 

6304192000 .. 0 .3876 0 .4991 

6304193060 .. 0 .2215 0 .2852 

6304910020 .. 0 .8859 1 .1407 

6304910070 .. 0 .2215 0 .2852 

6304920000 .. 0 .8859 1 .1407 

6304996040 .. 0 .2215 0 .2852 

6505001515 .. 1 .1189 1 .4407 

6505001525 .. 0 .5594 0 .7203 

6505001540 .. 1 .1189 1 .4407 

6505002030 .. 0 .9412 1 .2119 

6505002060 .. 0 .9412 1 .2119 

6505002545 .. 0 .5537 0 .7129 

6507000000 .. 0 .3986 0 .5132 

9404901000 .. 0 .2104 0 .2709 

9404908020 .. 0 .9966 1 .2832 

9404908040 .. 0 .9966 1 .2832 

9404908505 .. 0 .6644 0 .8555 

9404908536 .. 0 .0997 0 .1284 

9404909505 .. 0 .6644 0 .8555 

9404909570 .. 0 .2658 0 .3422 

9619002100 .. 0 .8681 1 .1178 

9619002500 .. 0 .1085 0 .1397 

9619003100 .. 0 .9535 1 .2277 

9619003300 .. 1 .1545 1 .4865 

9619004100 .. 0 .2384 0 .3070 

9619004300 .. 0 .2384 0 .3070 

9619006100 .. 0 .8528 1 .0981 

IMPORT ASSESSMENT TABLE— 

Continued 

[Raw cotton fiber] 

HTS No. Conv. 

factor Cents/kg. 

9619006400 .. 0 .2437 0 .3138 

9619006800 .. 0 .3655 0 .4706 

9619007100 .. 1 .1099 1 .4291 

9619007400 .. 0 .2466 0 .3175 

9619007800 .. 0 .2466 0 .3175 

9619007900 .. 0 .2466 0 .3175 

* * * * * 

Authority: 7 U.S.C. 2101–2118 

Dated: June 25, 2013. 

Rex A. Barnes, 

Associate Administrator. 

[FR Doc. 2013–15748 Filed 7–1–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1206 

[Document No. AMS–FV–12–0041] 

Mango Promotion, Research, and 

Information Order; Nominations of 

Foreign Producers and Election of 

Officers 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Mango Promotion, Research, and 

Information Order (Order) to allow 

foreign producers, from countries 

exporting mangos to the United States, 

to nominate themselves or other foreign 

producers for appointment to the 

National Mango Board (Board). This 

change would increase the pool of 

foreign producer nominees. Upon 

further review, the proposed change to 

add flexibility to the timing of election 

of officers to the Board is not made in 

this rulemaking. 

DATES: Effective July 3, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette Palmer, Marketing Specialist, 

Promotion and Economics Division, 

Fruit and Vegetable Program, AMS, 

USDA, 1400 Independence Avenue 

SW., Room 1406–S, Stop 0244, 

Washington, DC 20250–0244; telephone: 

(202) 720–9915; toll free (888) 720– 

9917; fax: (202) 205–2800; email: 

Jeanette.Palmer@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Mango Promotion, 

Research, and Information Order (Order) 

(7 CFR part 1206). The Order is 

authorized under the Commodity 

Promotion, Research, and Information 

Act of 1996 (7 U.S.C. 7411–7425). 

Executive Order 12866 and Executive 

Order 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated as ‘‘non-significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

(OMB) has waived the review process. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. It is not intended to have a 

retroactive effect. 

Section 524 of the Act (7 U.S.C. 7423) 

provides that the Act shall not affect or 

preempt any other State or Federal law 

authorizing promotion or research 

relating to an agricultural commodity. 

Under the Act, a person subject to an 

order may file a petition with the U.S. 

Department of Agriculture (Department) 

stating that an order, any provision of an 

order, or any obligation imposed in 

connection with an order, is not 

established in accordance with the law, 

and request a modification of an order 

or an exemption from an order. Any 

petition filed challenging an order, any 

provision of an order, or any obligation 

imposed in connection with an order, 

shall be filed within two years after the 

effective date of an order, provision, or 

obligation subject to challenge in the 

petition. The petitioner will have the 

opportunity for a hearing on the 

petition. Thereafter, the Department will 

issue a ruling on the petition. The Act 

provides that the district court of the 

United States for any district in which 

the petitioner resides or conducts 

business shall have the jurisdiction to 

review a final ruling on the petition, if 

the petitioner files a complaint for that 

purpose not later than 20 days after the 

date of the entry of the Department’s 

final ruling. 

Regulatory Flexibility Analysis and 

Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601– 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations 39565 

612), the Agricultural Marketing Service 

(AMS) has considered the economic 

impact of this action on the small 

entities that would be affected by this 

rule. The purpose of the RFA is to fit 

regulatory action to scale on businesses 

subject to such action so that small 

businesses will not be 

disproportionately burdened. 

The Small Business Administration 

defines small agricultural producers as 

those having annual receipts of no more 

than $750,000 and small agricultural 

service firms as those having annual 

receipts of no more than $7 million (13 

CFR part 121). First handlers and 

importers would be considered 

agricultural service firms, and the 

majority of mango producers, first 

handlers and importers would be 

considered small businesses. Foreign 

producer associations consisting of 

foreign producers would reflect the size 

of the producer entities. Although this 

criterion does not factor in additional 

monies that may be received by 

producers, handlers and importers of 

mangos, it is an inclusive standard for 

identifying small entities. 

Mango producers are not subject to 

the assessment. First handlers and 

importers who market or import less 

than 500,000 pounds of mangos 

annually are exempt from the 

assessment. Mangos that are exported 

out of the United States are also exempt 

from assessment. Furthermore, while 

domestic and foreign producers are not 

subject to assessment under the Order, 

such individuals are eligible to serve on 

the Board along with importers and first 

handlers. Currently, approximately 

three first handlers and 193 importers 

are subject to assessment under the 

Order. 

U.S. production of mangos is located 

in California, Florida, Hawaii, Texas, 

and Puerto Rico according to the most 

recent U.S. Census of Agriculture 

(Agricultural Census) which was 

conducted in 2007. The Agricultural 

Census does not include California 

production because California has so 

few producers that publishing 

production data would reveal 

confidential information. According to 

the 2007 Agricultural Census published 

by the Department’s National 

Agricultural Statistics Service, the U.S. 

had a total of 2,259 acres of mangos in 

2007, which is the most recent data 

available. Out of the total acreage, 1,212 

acres (54 percent) were in Florida, and 

the remaining 1,047 acres (46 percent) 

were in Hawaii, California, and Texas. 

The Agricultural Census does not 

collect mango production data for 

Puerto Rico. Individual acreage for 

Hawaii, California and Texas are not 

available. U.S. mango acreage rose by 

321 acres between 2002 and 2007. 

Florida saw a decrease of 161 acres 

between 2002 and 2007 census, but 

acres in other States rose by 482 acres. 

Census data is published every five 

years. The next available census of 

agriculture data will be available in 

2014. 

Seven countries account for 99 

percent of the mangos imported into the 

United Sates. These countries and their 

share of the imports (from April 1, 2011, 

through March 31, 2012) are: Mexico (68 

percent); Ecuador (9 percent); Brazil (7 

percent); Peru (7 percent); Guatemala (4 

percent); Haiti (3 percent); and 

Nicaragua (1 percent). For the period 

from April 1, 2011, through March 31, 

2012, the United States imported a total 

of 396,423 tons of mangos, valued at 

$280 million. 

The Board is composed of 18 

members, including eight importers; 

two domestic producers; one first 

handler; and seven foreign producers. 

Nominations and appointments to the 

Board are conducted pursuant to section 

1206.31 of the Order. Nominations for 

the importer, domestic producer, and 

first handler seats are made by U.S. 

importers, domestic producers, and first 

handlers, respectively. Foreign 

producers are nominated by foreign 

producer associations. The Board wants 

to increase the pool of nominees from 

the countries that export mangos to the 

United States by allowing foreign 

producers in major producing countries 

to nominate foreign producers to the 

Board. 

Section 515(b)(2)(C) of the Act states 

the Secretary may make appointments 

from nominations made pursuant to the 

method set forth in the order. The Board 

wants to receive representation from all 

mango growing regions within the major 

mango exporting countries to the United 

States. Section 1206.31(g) of the Order 

limits the nominations for the foreign 

producer seats to the foreign mango 

organizations. At a meeting on 

September 11, 2009, the Board voted (9 

out of 14 in favor) to allow foreign 

producers from the major countries 

exporting mangos to the United States to 

nominate themselves or other foreign 

producers for appointment to the Board. 

At a Board meeting, the Board decided 

to request this change. The change does 

not limit the foreign producer 

organizations’ ability to submit 

nominations. The change increases the 

slate of candidates from which the 

Secretary may choose to appoint to the 

Board. It also provides an opportunity to 

increase diversity on the Board. 

In addition, on July 11, 2012, the 

Board voted unanimously to amend the 

Order to provide the Board flexibility in 

the election of officers. Currently, 

section 1206.34(b) of the Order requires 

the Board to select a chairperson and a 

vice chairperson at the start of its fiscal 

period. Pursuant to section 1206.7, the 

fiscal period begins January 1. The term 

of office also begins January 1, pursuant 

to section 1206.32. 

The Board must schedule Board 

meetings around several domestic and 

international growing regions in the 

mango industry. The Board had 

considered changing its fiscal year, but 

that change was rejected by the Board 

members because the Board’s fiscal year 

flows with the mango production cycle, 

which is a calendar year. 

Section 515(c)(3) of the Act allows the 

Board to meet, organize, and select from 

among its members its officers as the 

Board determines appropriate. 

Therefore, the Board proposed updating 

the Order to reflect the particular needs 

of the mango industry and to provide for 

a more efficient management method. 

However, as discussed further in the 

background section, no change is made 

to section 1206.32 of the Order. 

This rule does not impose additional 

recordkeeping requirements on first 

handlers, importers, or producers of 

mangos. There are no Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

In accordance with the Office of 

Management and Budget (OMB) 

regulation (5 CFR part 1320) that 

implements the Paperwork Reduction 

Act of 1995 (44 U.S.C. Chapter 35), the 

information collection and 

recordkeeping requirements that are 

imposed by the Order have been 

previously approved under OMB 

control number 0581–0093. This rule 

does not result in a change to the 

information collection and 

recordkeeping requirements previously 

approved. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Background 

The Order became effective on 

November 3, 2004, and it is authorized 

under the Act. The Board is composed 

of 18 members, including eight 

importers; two domestic producers; one 

first handler; and seven foreign 

producers. Nominations for the 

importer, domestic producer, and first 

handler seats are made by U.S. 

importers, domestic producers, and first 

handlers, respectively. Currently, 


emcdonald on DSK67QTVN1PROD with RULES
39566 Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations 

foreign producers are nominated by 

foreign producer associations. 

Under the Order, the Board 

administers a nationally coordinated 

program of research and promotion 

designed to strengthen the position of 

mangos in the marketplace and to 

establish, maintain, and expand U.S. 

markets for mangos. The program is 

financed by an assessment of three 

quarters of a cent ($0.0075) per pound 

on first handlers and importers of 

500,000 pounds or more of mangos 

annually. The Order specifies that first 

handlers are responsible for submitting 

assessments to the Board on a monthly 

basis and maintaining records necessary 

to verify their reporting. Importers are 

responsible for paying assessments on 

mangos imported for marketing in the 

United States through the U.S. Customs 

and Border Protection Service of the 

U.S. Department of Homeland Security. 

The Board wants to increase the pool 

of nominees from the countries that 

export mangos to the United States by 

allowing foreign producers in major 

producing countries to nominate foreign 

producers to serve on the Board. The 

Board wants to receive representation 

from all mango growing regions within 

the countries that export mangos to the 

United States. Section 1206.31(g) of the 

Order limits the nominations for the 

foreign producer seats to the foreign 

mango organizations. At a meeting on 

September 11, 2009, the Board voted to 

allow foreign producers from the major 

countries exporting mangos to the 

United States to nominate themselves or 

other foreign producers for appointment 

to the Board. At a meeting, the Board 

decided to request this change. The 

change does not limit the foreign 

producer organizations’ ability to 

submit nominations. It increases the 

slate of candidates from which the 

Secretary may choose to appoint 

members to the Board. 

This change is consistent with section 

515(b)(2)(C) of the Act, which states the 

Secretary may make appointments from 

nominations made pursuant to the 

method set forth in the Order. The 

Board wants to expand its slate of 

candidates for the Secretary’s decision 

for appointment to the Board. 

Accordingly, section 1206.31(g) of the 

Order would be revised to allow foreign 

producers to nominate themselves or 

other foreign producers to serve on the 

Board. 

In addition, on July 11, 2012, the 

Board voted unanimously to amend the 

Order to provide the Board flexibility in 

the election of officers. Currently, 

section 1206.34 (b) of the Order requires 

the Board to select a chairperson and a 

vice chairperson at the start of its fiscal 

period. Pursuant to section 1206.7, the 

fiscal period begins January 1. The term 

of office also begins January 1, pursuant 

to section 1206.32. 

The Board must schedule Board 

meetings around several domestic and 

international growing regions in the 

mango industry. The Board had 

considered changing its fiscal year, but 

that change was rejected because the 

Board’s fiscal year flows with the mango 

production cycle, which is a calendar 

year. The Board proposed updating the 

Order to reflect the particular needs of 

the mango industry and to provide for 

a more efficient management method. 

The proposal noted that the Board 

believed that electing its officers at the 

last meeting of the fiscal year would be 

more advantageous for the Board. We 

have further considered this matter and 

believe that the Board could make 

suggestions concerning officers prior to 

the start of the fiscal period, and the 

new Board appointed for the term of 

office beginning January 1, could 

consider the prior Board’s suggestions 

before the Board makes its 

recommendation to the Secretary for 

approval. This will ensure that newly 

appointed members who may not have 

served on the prior Board would have 

the opportunity to participate in the 

election of officers. This action could be 

done on January 1, or soon thereafter 

through an electronic mail vote, by 

telephone, or other means of 

communications pursuant to section 

1206.34(f) of the Order. The Board could 

specify these procedures in its bylaws. 

A proposed rule concerning this 

action was published in the Federal 

Register on February 6, 2013 (78 FR 

8441). Copies of the rule were made 

available through the Internet at 

www.regulations.gov, by the 

Department, and the Office of the 

Federal Register. That rule provided a 

20-day comment period which ended on 

February 26, 2013. Two comments were 

received by the deadline. 

Summary of Comments 

The two comments received 

supported the proposed change to 

section 1206.31(g). One commenter 

made a recommendation regarding the 

last sentence in section 1206.31(g) of the 

Order that requires foreign producer 

nominees to be representative of the 

major countries exporting mangos to the 

United States. The commenter suggested 

that the term ‘‘major exporting country’’ 

be defined. As previously stated, 

Mexico, Ecuador, Brazil, Peru, 

Guatemala, Haiti, and Nicaragua 

account for 99 percent of the mango 

imports into the United States. This 

suggestion was not part of this 

rulemaking and as such, should be 

presented to the Board for their 

consideration. Accordingly, no change 

has been made to this section. 

This commenter also was of the view 

with regard to the proposed change to 

section 1206.34, that the Board needs to 

determine the best time each year to 

hold election of officers. As discussed 

previously, the Board has the ability to 

determine an appropriate time each year 

to hold election of officers within a 

given year; however, in order to provide 

newly appointed members the 

opportunity to participate in electing 

officers, the election should take place 

on or after January 1 as stated in the 

Order. 

After consideration of all relevant 

material presented, the Board’s 

recommendation, public comments and 

other information, it is hereby found 

that this rule, published in the Federal 

Register on February 6, 2013 (78 FR 

8441), is consistent with and will 

effectuate the purposes of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found that good cause exists for not 

postponing the effective date of this 

action until 30 days after publication in 

the Federal Register because this action 

needs to be in effect before the Board 

makes a call for nominations for the 

term of office beginning January 1, 2014. 

Further, this action helps to increase the 

pool of nominees to be considered for 

appointment to the Board. Finally, the 

proposed rule provided for a 20-day 

comment period, and the two comments 

received support the changes. 

List of Subjects in 7 CFR Part 1206 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Mango promotion, Reporting and 

recording requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 1206 is amended 

as follows: 

PART 1206—MANGO PROMOTION, 

RESEARCH, AND INFORMATION 

ORDER 

■ 1. The authority citation for 7 CFR 

part 1206 continues to read as follows: 

Authority: 7 U.S.C. 7411–7425 and 7401. 

■ 2. In § 1206.31, paragraph (g) is 

revised to read as follows: 

§ 1206.31 Nominations and appointments. 

* * * * * 

(g) Nominees to fill the foreign 

producer member positions on the 

Board shall be solicited from 

organizations of foreign mango 

producers and from foreign mango 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations 39567 

producers. Organizations of foreign 

mango producers shall submit two 

nominees for each position, and foreign 

mango producers may submit their 

name or the names of other foreign 

mango producers directly to the Board. 

The nominees shall be representative of 

the major countries exporting mangos to 

the United States. 

* * * * * 

Dated: June 26, 2013. 

Rex Barnes, 

Associate Administrator. 

[FR Doc. 2013–15747 Filed 7–1–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1230; Directorate 

Identifier 2011–NM–107–AD; Amendment 

39–17477; AD 2013–11–17] 

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) 2010–14– 

14 that applies to certain Embraer S.A. 

Model ERJ 170 and ERJ 190 airplanes. 

AD 2010–14–14 currently requires, for 

certain airplanes, repetitively replacing 

the low-stage check valve and 

associated seals of the right hand (RH) 

engine’s engine bleed system with a 

new check valve and new seals, 

replacing the low pressure check valves 

(LPCVs), and revising the maintenance 

program. For certain other airplanes, AD 

2010–14–14 requires replacing a certain 

low-stage check valve with an improved 

low-stage check valve. For certain 

airplanes, this new AD adds replacing 

certain LPCVs of the left hand (LH) and 

RH engines, which would be an option 

for other airplanes. This AD was 

prompted by reports of uncommanded 

engine shutdowns on both Model ERJ 

170 and ERJ 190 airplanes due to 

excessive wear and failure of LPCVs 

having certain part numbers. We are 

issuing this AD to prevent the 

possibility of a dual engine in-flight 

shutdown due to LPCV failure. 

DATES: This AD becomes effective 

August 6, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of August 6, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications listed in 

this AD as of August 26, 2010 (75 FR 

42585, July 22, 2010). 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 13, 2007 (72 FR 44734, 

August 9, 2007). 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of November 29, 2005 (70 FR 

69075, November 14, 2005). 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone (425) 227–2768; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. The 

NPRM was published in the Federal 

Register on December 26, 2012 (77 FR 

75911), and proposed to supersede AD 

2010–14–14, Amendment 39–16359 (75 

FR 42585, July 22, 2010). (AD 2010–14– 

14 superseded AD 2007–16–09, 

Amendment 39–15148 (72 FR 44734, 

August 9, 2007)). AD 2007–16–09 

superseded AD 2005–23–14, 

Amendment 39–14372 (70 FR 69075, 

November 14, 2005). The NPRM 

proposed to correct an unsafe condition 

for the specified products. The 

Mandatory Continuing Airworthiness 

Information (MCAI) for Embraer S.A. 

Model ERJ 170 airplanes states: 

It has been found the occurrence of an 

engine in-flight shutdown * * * caused by 

the LPCV failure P/N [part number] 1001447– 

3 with 3,900 Flight Hours (FH) installed on 

ERJ–170. This valve failed [to] open due [to] 

excessive wear. [I]t was found the occurrence 

of an engine shutdown on-ground, caused by 

the LPCV failure P/N 1001447–4 with 1,802 

FH installed on ERJ–190 failed due [to] low 

cycle fatigue. Since the behavior of a valve 

P/N 1001447–4 removed from ERJ–190 is 

unknown on ERJ–170 and the P/N 1001447– 

4 is common between ERJ–170 and ERJ–190 

airplane fleet, an action is necessary to 

prevent the installation, in ERJ–170 

airplanes, of LPCVs P/N 1001447–4 

previously installed in ERJ–190 airplanes. 

* * * * * * * 

The MCAI for Embraer S.A. Model 

ERJ 190 airplanes states: 

It has been found the occurrence of an 

engine in-flight shutdown * * * caused by 

the LPCV failure P/N 1001447–3 with 3,900 

Flight Hours (FH) installed on ERJ–170. This 

valve failed [to] open due [to] excessive wear. 

[I]t was found the occurrence of an engine 

shutdown on-ground, caused by the LPCV 

failure P/N 1001447–4 with 1,802 FH 

installed on ERJ–190 failed due [to] low cycle 

fatigue. Since the behavior of a valve P/N 

1001447–4 removed from ERJ–170 is 

unknown on ERJ–190 and the P/N 1001447– 

4 is common between ERJ–170 and ERJ–190 

airplane fleet, an action is necessary to 

prevent the installation, in ERJ–190 

airplanes, of LPCVs P/N 1001447–4 

previously installed in ERJ–170 airplanes. 

* * * * * 

The unsafe condition is the possibility 

of a dual engine in-flight shutdown due 

to LPCV failure. The required actions 

include the actions required by AD 

2010–14–14, Amendment 39–16359 (75 

FR 42585, July 22, 2010), and, for 

certain airplanes, replacing the LPCVs 

of the LH and RH engines, which would 

be an option for certain other airplanes. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

have considered the comment received. 

Request for Clarification of Approved 

Method 

US Airways requested clarification of 

paragraph (l) of the NPRM (77 FR 75911, 

December 26, 2012), which requires 

installing a new LPCV using a method 

approved by either the Manager, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA; or 

Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) (or its delegated agent). The 

commenter requested clarification of the 

approved method so operators can 

understand acceptable and unacceptable 

methods of installation. The commenter 

also stated that the approved method 

needs to be stated to avoid having to 

obtain approval of an alternative 

method of compliance (AMOC) allowing 

use of certain documents. 

We agree to provide clarification. We 

have reviewed EMBRAER Service 

Bulletins 190–36–0014, Revision 01, 

dated January 14, 2009; 190–LIN–36– 

0004, dated December 23, 2009; and 

170–36–0011, Revision 2, dated July 19, 

2007. Those bulletins provide 

instructions for installing P/N 1001447– 


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