This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

62668 

Vol. 81, No. 176 

Monday, September 12, 2016 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 981 

[Doc. No. AMS–SC–16–0045; SC16–981–2 

PR] 

Almonds Grown in California; 

Increased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: Notice is hereby given that 

the comment period on the proposed 

rule to increase the assessment rate for 

California almonds under Marketing 

Order No. 981 (order) is reopened until 

October 12, 2016. The proposed rule 

would implement a recommendation 

from the Almond Board of California 

(Board) to increase the assessment rate 

established for the 2016–17 through the 

2018–19 crop years from $0.03 to $0.04 

per pound of almonds handled under 

the marketing order (order). Of the $0.04 

per pound assessment, 60 percent (or 

$0.024 per pound) would be available as 

credit-back for handlers who conduct 

their own promotional activities. 

DATES: Comments must be received by 

October 12, 2016. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning the proposal. Comments 

should be sent to the Docket Clerk, 

Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Fax: (202) 720–8938; or 

Internet: http://www.regulations.gov. All 

comments should reference the 

document number and the date and 

page number of this issue and the July 

18, 2016, issue of the Federal Register 

and will be available for public 

inspection in the office of the Docket 

Clerk during regular business hours, or 

can be viewed at: http://

www.regulations.gov. All comments 

submitted in response to the proposed 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Ricci, Marketing Specialist or 

Jeffrey Smutny, Regional Director, 

California Marketing Field Office, 

Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or Email: 

with Andrea.Ricci@ams.usda.gov or 

Jeffrey.Smutny@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Richard.Lower@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: A 

proposed rule was published in the 

Federal Register on July 18, 2016 (81 FR 

46616). The proposed rule would 

increase the assessment rate for the 

2016–17 through 2018–19 crop years 

from $0.03 to $0.04 per pound of 

almonds received. Of the $0.04 per 

pound assessment, 60 percent (or $0.024 

per pound) would be available as creditback for handlers who conduct their 

own promotional activities. The 

assessment rate would return to $0.03 

for the 2019–20 and subsequent crop 

years, and the amount available for 

handler credit-back would return to 

$0.018 per pound (60 percent). 

USDA received a comment from an 

affected industry member requesting 

that the comment period be reopened to 

allow more time to comment on the 

proposed rule. This industry member 

expressed concern that while the 

proposed rule was published in the 

Federal Register on July 18, 2016, 

industry members did not receive the 

notification until July 28, 2016, which 

did not allow adequate time for 

interested persons to comment by the 

August 2, 2016, deadline. 

After reviewing the request, USDA is 

reopening the comment period for 30 

additional days. This will provide 

interested persons more time to review 

the proposed rule, perform a complete 

analysis, and submit written comments. 

Authority: This notice is issued pursuant 

to the Agricultural Marketing Agreement Act 

of 1937 (7 U.S.C. 601–674). 

Dated: September 7, 2016. 

Elanor Starmer, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2016–21851 Filed 9–9–16; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0059; Directorate 

Identifier 2013–NM–075–AD] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for certain Embraer S.A. Model ERJ 170 

airplanes. The NPRM proposed to 

supersede AD 2012–07–08, which 

requires revising the maintenance or 

inspection program to incorporate 

structural inspection requirements. The 

NPRM was prompted by a 

determination that more restrictive 

maintenance requirements and 

airworthiness limitations are necessary. 

Since the NPRM was issued, a new 

revision of the airworthiness limitations 

section (ALS) of the EMBRAER S.A. ERJ 

170/175 Maintenance Review Board 

Report (MRBR) was issued, which 

contains more restrictive airworthiness 

limitations. This action revises the 

NPRM by proposing to require revising 

the maintenance or inspection program, 

as applicable, to incorporate the new 

ALS of the MRBR. This supplemental 

NPRM (SNPRM) would also remove 

certain airplanes from the applicability. 

In addition, we propose to 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 proposing 


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this SNPRM to detect and correct fatigue 

cracking of various principal structural 

elements; such cracking could result in 

reduced structural integrity of the 

airplane. We are also proposing this 

SNPRM 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. In 

addition, we are also proposing this 

SNPRM 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. Since these actions impose an 

additional burden over those proposed 

in the NPRM, we are reopening the 

comment period to allow the public the 

chance to comment on these proposed 

changes. 

DATES: We must receive comments on 

this SNPRM by October 27, 2016. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Embraer S.A., 

Technical Publications Section (PC 

060), Av. Brigadeiro Faria Lima, 2170— 

Putim—12227–901 Sa ̃o Jose dos 

Campos—SP—BRASIL; telephone +55 

12 3927–5852 or +55 12 3309–0732; fax 

+55 12 3927–7546; email distrib@

embraer.com.br; Internet http://

www.flyembraer.com. You may 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. 

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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2014–0059; Directorate Identifier 

2013–NM–075–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

We issued a NPRM to amend 14 CFR 

part 39 by adding an AD that would 

apply to all Embraer S.A. Model ERJ 170 

airplanes. The NPRM 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 were 

necessary. The NPRM proposed to 

require a revision to the maintenance or 

inspection program to incorporate new 

inspections. 

Actions Since Previous NPRM Was 

Issued 

Since we issued the NPRM, a new 

revision to the ALS of the EMBRAER 

S.A. ERJ 170/175 MRBR was issued, 

which contains more restrictive 

airworthiness limitations. The Ageˆncia 

Nacional de Aviac ̧a ̃o 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, Part 2—Airworthiness 

Limitation Inspections, Part 3—Fuel 

System Limitation Items, and Part 4— 

Life Limited Parts. 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. 

This SNPRM also proposes to 

supersede 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); 

which require tasks that are now 

included in the new revision of the 

MRBR. 

This SNPRM also proposes to remove 

airplanes with an original airworthiness 

certificate or original export certificate 

of airworthiness issued on or after 

February 23, 2015, from the 

applicability. 

Related Service Information Under 

1 CFR Part 51 

Embraer S.A. has issued Part 1— 

‘‘Certification Maintenance 

Requirements;’’ Part 2—‘‘Airworthiness 

Limitation Inspections (ALI)— 

Structures;’’ Part 3—‘‘Fuel System 

Limitation Items;’’ and Part 4—‘‘Life 

Limited Items;’’ of Appendix A— 

‘‘Airworthiness Limitations;’’ to the 

EMBRAER 170/175 Maintenance 

Review Board Report, MRB–1621, 

Revision 10, dated February 23, 2015. 

This service information describes 

airworthiness limitations (Part 1, Part 2, 

Part 3, and Part 4 of the MRBR make up 


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the airworthiness limitations). 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. 

Comments 

We gave the public the opportunity to 

participate in developing this proposed 

AD. We considered the comment 

received. 

Request To Refer to Revised Service 

Information 

An anonymous commenter noted that 

paragraph (i) of the proposed AD (in the 

NPRM) included terminating action(s) 

for the requirements of paragraph (g) of 

the proposed AD (in the NPRM) if a 

revision to the maintenance or 

inspection program was accomplished 

by the incorporation of the tasks in Part 

2—‘‘Airworthiness Limitation 

Inspections (ALI)—Structures,’’ of the 

EMBRAER 170 Maintenance Review 

Board Report, MRB–1621, Revision 8, 

dated August 20, 2012. The commenter 

stated that since August 20, 2012, five 

additional temporary revisions to Part 2 

had been issued and the NPRM did not 

include the incorporation of these 

temporary revisions as being acceptable 

for compliance with the requirements of 

paragraph (g) of the proposed AD (in the 

NPRM). We infer that the commenter is 

requesting that the NPRM be revised to 

allow incorporation of the tasks in the 

current service information into an 

operator’s maintenance or inspection 

program and that this should be 

acceptable for compliance with the 

requirements of paragraph (g) of the 

proposed AD (in the NPRM). 

We agree with the commenter’s 

request to refer to the current revision 

of the EMBRAER 170/175 MRBR, which 

includes the temporary revisions 

mentioned by the commenter. Paragraph 

(i) of this proposed AD has been revised 

to refer to the EMBRAER 170/175 

Maintenance Review Board Report, 

MRB–1621, Revision 10, dated February 

23, 2015. 

FAA’s Determination and Requirements 

of This SNPRM 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

This proposed AD would require 

revisions to certain operator 

maintenance documents to include new 

actions (e.g., inspections) and Critical 

Design Configuration Control 

Limitations (CDCCLs). Compliance with 

these actions and CDCCLs is required by 

14 CFR 91.403(c). For airplanes that 

have been previously modified, altered, 

or repaired in the areas addressed by 

this proposed AD, the operator may not 

be able to accomplish the actions 

described in the revisions. In this 

situation, to comply with 14 CFR 

91.403(c), the operator must request 

approval for an alternative method of 

compliance according to paragraph 

(k)(1) of this proposed AD. The request 

should include a description of changes 

to the required inspections that will 

ensure the continued damage tolerance 

of the affected structure. 

Notwithstanding any other 

maintenance or operational 

requirements, components that have 

been identified as airworthy or installed 

on the affected airplanes before 

accomplishing the revision of the 

airplane maintenance or inspection 

program specified in this proposed AD, 

do not need to be reworked in 

accordance with the CDCCLs. However, 

once the airplane maintenance or 

inspection program has been revised as 

required by this proposed AD, future 

maintenance actions on these 

components must be done in 

accordance with the CDCCLs. 

Certain changes described above 

expand the scope of the NPRM. As a 

result, we have determined that it is 

necessary to reopen the comment period 

to provide additional opportunity for 

the public to comment on this SNPRM. 

Airworthiness Limitations Based on 

Type Design 

The FAA recently became aware of an 

issue related to the applicability of ADs 

that require incorporation of an ALS 

revision into an operator’s maintenance 

or inspection program. 

Typically, when these types of ADs 

are issued by civil aviation authorities 

of other countries, they apply to all 

airplanes covered under an identified 

type certificate (TC). The corresponding 

FAA AD typically retains applicability 

to all of those airplanes. 

In addition, U.S. operators must 

operate their airplanes in an airworthy 

condition, in accordance with 14 CFR 

91.7(a). Included in this obligation is the 

requirement to perform any 

maintenance or inspections specified in 

the ALS, and in accordance with the 

ALS as specified in 14 CFR 43.16 and 

91.403(c), unless an alternative has been 

approved by the FAA. 

When a type certificate is issued for 

a type design, the specific ALS, 

including revisions, is a part of that type 

design, as specified in 14 CFR 21.31(c). 

The sum effect of these operational 

and maintenance requirements is an 

obligation to comply with the ALS 

defined in the type design referenced in 

the manufacturer’s conformity 

statement. This obligation may 

introduce a conflict with an AD that 

requires a specific ALS revision if new 

airplanes are delivered with a later 

revision as part of their type design. 

To address this conflict, the FAA has 

approved alternative methods of 

compliance (AMOCs) that allow 

operators to incorporate the most recent 

ALS revision into their maintenance/ 

inspection programs, in lieu of the ALS 

revision required by the AD. This 

eliminates the conflict and enables the 

operator to comply with both the AD 

and the type design. 

However, compliance with AMOCs is 

normally optional, and we recently 

became aware that some operators 

choose to retain the AD-mandated ALS 

revision in their fleet-wide 

maintenance/inspection programs, 

including those for new airplanes 

delivered with later ALS revisions, to 

help standardize the maintenance of the 

fleet. To ensure that operators comply 

with the applicable ALS revision for 

newly delivered airplanes containing a 

later revision than that specified in an 

AD, we plan to limit the applicability of 

ADs that mandate ALS revisions to 

those airplanes that are subject to an 

earlier revision of the ALS, either as part 

of the type design or as mandated by an 

earlier AD. 

This proposed AD, therefore, would 

apply to Model ERJ 170 airplanes with 

an original certificate of airworthiness 

or original export certificate of 

airworthiness that was issued before the 

date of approval of the ALS revision 

identified in this proposed AD 

(airplanes having serial numbers 

17000002, 17000004 through 17000013 

inclusive, and 17000015 through 

17000453 inclusive). Operators of 

airplanes with an original certificate of 

airworthiness or original export 

certificate of airworthiness issued on or 

after that date must comply with the 

airworthiness limitations specified as 

part of the approved type design and 

referenced on the type certificate data 

sheet. 

Costs of Compliance 

We estimate that this SNPRM affects 

286 airplanes of U.S. registry. 


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The actions that are required by AD 

2012–07–08, Amendment 39–17014 (77 

FR 24342, April 24, 2012), and retained 

in this SNPRM take about 1 work-hour 

per product, at an average labor rate of 

$85 per work-hour. Required parts cost 

about $0 per product. Based on these 

figures, the estimated cost of the actions 

that were required by AD 2012–07–08 is 

$85 per product. 

We also estimate that it would take 

about 1 work-hour per product to 

comply with the new basic 

requirements of this SNPRM. The 

average labor rate is $85 per work-hour. 

Required parts would cost about $0 per 

product. Based on these figures, we 

estimate the cost of this SNPRM on U.S. 

operators to be $24,310, or $85 per 

product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 

2012–0508, 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: 

Embraer S.A: Docket No. FAA–2014–0059; 

Directorate Identifier 2013–NM–075–AD. 

(a) Comments Due Date 

We must receive comments by October 27, 

2016. 

(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– 

06–06’’). 

(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; 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 MRBR, 

MRB–1621, Revision 7, dated November 11, 

2010; and EMBRAER Temporary Revision 

(TR) 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 


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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, 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. 

(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;’’ Part 2— 

‘‘Airworthiness Limitation Inspections 

(ALI)—Structures;’’ Part 3—‘‘Fuel System 

Limitation Items;’’ and Part 4—‘‘Life Limited 

Items;’’ 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, 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 

alternative method of compliance (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. The AMOC approval letter 

must specifically reference this AD. 

(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 Ageˆncia Nacional de Aviac ̧a ̃o 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 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. 

(2) For service information identified in 

this AD, contact Embraer S.A., Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; telephone 

+55 12 3927–5852 or +55 12 3309–0732; fax 

+55 12 3927–7546; email distrib@

embraer.com.br; Internet http://

www.flyembraer.com. You may review copies 

of the referenced service information at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on August 

25, 2016. 

John P. Piccola, Jr., 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–21145 Filed 9–9–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2016–9069; Directorate 

Identifier 2016–NM–012–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede 

Airworthiness Directive (AD) 2015–16– 

02, for all Airbus Model A330 series 

airplanes. AD 2015–16–02 currently 

requires revising the maintenance 

program or inspection program to 

incorporate certain maintenance 

requirements and airworthiness 

limitations. Since we issued AD 2015– 

16–02, we received a revision of an 

airworthiness limitations items (ALI) 

document, which provides new and 

more restrictive maintenance 

requirements and airworthiness 

limitations for airplane structures and 

systems. This proposed AD would 

require revising the maintenance or 

inspection program to incorporate new 

maintenance requirements and 

airworthiness limitations. We are 

proposing this AD to prevent reduced 

structural integrity and reduced control 

of these airplanes due to the failure of 

system components. 

DATES: We must receive comments on 

this proposed AD by October 27, 2016. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact Airbus SAS, 

Airworthiness Office—EAL, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone: +33 5 61 93 

36 96; fax: +33 5 61 93 45 80; email: 

airworthiness.A330–A340@airbus.com; 

Internet: http://www.airbus.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. 

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–2016– 

9069; 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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone: 800–647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 


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