41432 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations 

(h) Repair 

If any crack is found during any inspection 

required by this AD, and Boeing Alert 

Service Bulletin 767–53A0266, dated April 

20, 2015, specifies to contact Boeing for 

repair instructions: Before further flight, 

repair the crack in accordance with the 

procedures specified in paragraph (j) of this 

AD. Accomplishing a reinforcing repair 

terminates the inspections required by 

paragraph (g) of this AD in the area under the 

repair only. 

(i) Exceptions to the Service Information 

Where Boeing Alert Service Bulletin 767– 

53A0266, dated April 20, 2015, specifies a 

compliance time ‘‘after the original issue date 

of this service bulletin,’’ this AD requires 

compliance within the specified time after 

the effective date of this AD. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), 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 manager of the ACO, send it to the 

attention of the person identified in 

paragraph (k) of this AD. Information may be 

emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 

(2) 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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(4) Except as required by paragraph (h) of 

this AD: For service information that 

contains steps that are labeled as Required 

for Compliance (RC), the provisions of 

paragraphs (j)(4)(i) and (j)(4)(ii) apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. An AMOC is required 

for any deviations to RC steps, including 

substeps and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(k) Related Information 

For more information about this AD, 

contact Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

phone: 425–917–6447; fax: 425–917–6590; 

email: wayne.lockett@faa.gov. 

(l) 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 the AD specifies otherwise. 

(i) Boeing Alert Service Bulletin 767– 

53A0266, dated April 20, 2015. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, WA 98124–2207; telephone 206– 

544–5000, extension 1; fax 206–766–5680; 

Internet https://www.myboeingfleet.com. 

(4) You may view this service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

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

(5) 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/ibrlocations.html. 

Issued in Renton, Washington, on June 14, 

2016. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–14752 Filed 6–24–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–8432; Directorate 

Identifier 2015–NM–100–AD; Amendment 

39–18570; AD 2016–13–06] 

RIN 2120–AA64 

Airworthiness Directives; Saab AB, 

Saab Aeronautics (Type Certificate 

Previously Held by Saab AB, Saab 

Aerosystems) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Saab AB, Saab Aeronautics Model 340A 

(SAAB/SF340A) and SAAB 340B 

airplanes. This AD was prompted by 

reports of ruptured horizontal stabilizer 

de-icing boots. This AD requires a 

revision of the applicable airplane flight 

manual (AFM), repetitive inspections of 

the horizontal stabilizer de-icing boots, 

and applicable corrective actions. We 

are issuing this AD to detect and correct 

damage of the de-icing boot; such 

damage could lead to a ruptured boot, 

severe vibrations, and possible reduced 

control of the airplane. 

DATES: This AD is effective August 1, 

2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of August 1, 2016. 

ADDRESSES: For service information 

identified in this final rule, contact Saab 

AB, Saab Aeronautics, SE–581 88, 

Linko ̈ping, Sweden; telephone +46 13 

18 5591; fax +46 13 18 4874; email 

saab340techsupport@saabgroup.com; 

Internet http://www.saabgroup.com. 

You may view this referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, WA. For information on 

the availability of this material at the 

FAA, call 425–227–1221. It is also 

available on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

8432. 

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–2015– 

8432; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket 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: 

Shahram Daneshmandi, Aerospace 

Engineer, International Branch, ANM– 

116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue SW., Renton, 

WA 98057–3356; telephone (425) 227– 

1112; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Saab AB, Saab 

Aeronautics Model 340A (SAAB/

SF340A) and SAAB 340B airplanes. The 


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Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations 41433 

NPRM published in the Federal 

Register on January 13, 2016 (81 FR 

1588) (‘‘the NPRM’’). The NPRM was 

prompted by reports of ruptured 

horizontal stabilizer de-icing boots. The 

NPRM proposed to require a revision of 

the applicable AFM, repetitive 

inspections of the horizontal stabilizer 

de-icing boots, and applicable corrective 

actions. We are issuing this AD to detect 

and correct damage of the de-icing boot; 

such damage could lead to a ruptured 

boot, severe vibrations, and possible 

reduced control of the airplane. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for Member States of the European 

Union, has issued EASA Airworthiness 

Directive 2015–0129, dated July 6, 2015 

(referred to after this as the Mandatory 

Continuing Airworthiness Information, 

or ‘‘the MCAI’’), to correct an unsafe 

condition for certain Saab AB, Saab 

Aeronautics Model 340A (SAAB/

SF340A) and SAAB 340B airplanes. The 

MCAI states: 

There have been some reported events of 

ruptured horizontal stabilizer de-icing boots. 

In-flight rupture of a de-icing boot will result 

in complete loss of the de-icing function 

within its associated zone. In addition, in 

some of these events, the de-icing boot had 

formed a large open scoop. 

This condition, if not detected and 

corrected, could lead to severe vibrations, 

possibly resulting in reduced control of the 

aeroplane. 

To address this potential unsafe condition, 

SAAB issued Alert Operations Bulletin 

(AOB) No. 12 and AOB No. 23 as a temporary 

measure, recommending performing a flap 0 

landing in the event of a suspected rupture 

of the de-icing boot on the horizontal 

stabilizer. 

In addition, SAAB issued SB 340–30–094 

to provide instructions to inspect the affected 

de-icing boots. 

For the reasons described above, this 

[EASA] AD requires an amendment of the 

applicable Airplane Flight Manual (AFM) 

and, pending the development of a 

modification by SAAB, repetitive inspections 

of the horizontal stabilizer de-icing boots 

and, depending on findings, accomplishment 

of applicable corrective action(s). 

This [EASA] AD is considered to be an 

interim action and further AD action may 

follow. 

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–2015– 

8432. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Request To Revise Paragraph (g) To 

Allow Later Approved Revisions of 

AFMs 

Saab AB, Saab Aeronautics requested 

that we revise paragraph (g) of the 

proposed AD to state that the use of 

later-approved revisions of the 

applicable AFMs is also acceptable for 

compliance with the proposed AD. 

We do not agree. When referring to 

specific service information in an AD, 

using the phrase, ‘‘or later FAAapproved revisions,’’ violates Office of 

the Federal Register regulations for 

approving materials that are 

incorporated by reference. However, 

affected operators may request approval 

to use a later revision of the referenced 

service information as an alternative 

method of compliance, under the 

provisions of paragraph (i)(1) of this AD. 

We have not changed this AD in this 

regard. 

Request To Expand Description of 

Inspection 

Saab AB, Saab Aeronautics also 

requested that we revise paragraph (h) 

of the proposed AD to explain that the 

inspection is not only for damage, but 

also for existing repairs. The commenter 

stated that the inspection of existing 

repairs is described in Saab Service 

Bulletin 340–30–094, dated March 27, 

2015, but missing from paragraph (h) of 

the proposed AD. 

We agree with the request. The 

referenced service information specifies 

inspecting for damage of the de-icing 

boots, and a sub-step specifies to ‘‘make 

sure that already made repairs are 

within specified limits.’’ That action 

was not specifically stated in the 

proposed AD. We have clarified the 

requirement by changing paragraph (h) 

of this AD to ensure that de-icing boots 

as well as existing repairs are within 

specified limits. 

Request To Change the Repetitive 

Inspection Interval to 600 Flight Hours 

PenAir requested a change to the 

repetitive inspection interval. The 

commenter requested that the repetitive 

inspection interval be increased from 

the proposed 400-flight-hour interval to 

a 600-flight-hour interval. The 

commenter also stated that in the event 

that a 600-flight-hour interval is 

determined to be unsuitable, then a 450- 

flight-hour interval should be used. The 

commenter stated that this change 

would align with scheduled E-check 

inspections, alleviate the undue burden 

of creating maintenance outside of 

scheduled computerized aircraft 

maintenance program inspections, and 

maintain safe operation of the airplane. 

We do not agree with the commenter’s 

request to extend the compliance time. 

We have determined that the 

compliance time, as proposed, 

represents the maximum interval of 

time allowable for the affected airplanes 

to continue to operate safely before the 

next inspection is required. In addition, 

since maintenance schedules vary 

among operators, there would be no 

assurance that a different interval would 

satisfy all operators’ schedules. 

However, under the provisions of 

paragraph (i)(1) of this AD, we will 

consider requests for approval of an 

extension of the compliance time if 

sufficient data are submitted to 

substantiate that the new compliance 

time would provide an acceptable level 

of safety. We have not changed this AD 

in this regard. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting this AD 

with the changes described previously 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this AD. 

Related Service Information Under 1 

CFR Part 51 

We reviewed Saab Service Bulletin 

340–30–094, dated March 27, 2015. The 

service information describes 

procedures for repetitive detailed 

inspections of the de-icing boots 

installed on the horizontal stabilizers, 

and repair and replacement of damaged 

de-icing boots. 

We also reviewed the following 

AFMs, which describe performance 

limitations and general data: 

• Saab AFM 340A 001, Revision 57, 

dated March 27, 2015. 

• Saab AFM 340B 001, Revision 35, 

dated March 27, 2015. 

• Saab AFM 340B 010, Revision 28, 

dated March 27, 2015. 

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 92 

airplanes of U.S. registry. 


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41434 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations 

We also estimate that it will take 

about 6 work-hours per product to 

comply with the basic requirements of 

this AD. The average labor rate is $85 

per work-hour. Required parts will cost 

about $0 per product. Based on these 

figures, we estimate the cost of this AD 

on U.S. operators to be $46,920, or $510 

per product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 6 work-hours and require parts 

costing $9,500, for a cost of $10,010 per 

product. We have no way of 

determining the number of aircraft that 

might need these actions. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

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

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2016–13–06 Saab AB, Saab Aeronautics 

(Type Certificate Previously Held by 

Saab AB, Saab Aerosystems): 

Amendment 39–18570. Docket No. 

FAA–2015–8432; Directorate Identifier 

2015–NM–100–AD. 

(a) Effective Date 

This AD is effective August 1, 2016. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Saab AB, Saab 

Aeronautics (Type Certificate Previously 

Held by Saab AB, Saab Aerosystems) 

airplanes, certificated in any category, 

identified in paragraphs (c)(1) and (c)(2) of 

this AD. 

(1) Saab AB, Saab Aeronautics Model 340A 

(SAAB/SF340A) airplanes, serial numbers 

(S/Ns) 004 through 138 inclusive, on which 

Saab Modification 1462 has been embodied 

in production, or Saab Service Bulletin 340– 

55–008 has been embodied in service, except 

those on which Saab Modification 1793 has 

also been embodied in production, or Saab 

Service Bulletin 340–55–010 has been 

embodied in service; and Saab AB, Saab 

Aeronautics Model 340A (SAAB/SF340A) 

airplanes, S/Ns 139 through 159 inclusive. 

Applicable Saab AB, Saab Aeronautics Model 

340A (SAAB/SF340A) airplanes S/N 004– 

138, Post Modification No. 1462 but Pre 

Modification No. 1793, have a maximum flap 

setting of 35 degrees instead of 20 degrees, 

and horizontal stabilizer boots with spanwise 

tubes instead of chordwise tubes. 

(2) Saab AB, Saab Aeronautics Model 

SAAB 340B airplanes, S/Ns 160 through 459 

inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 30, Ice and Rain Protection. 

(e) Reason 

This AD was prompted by reports of 

ruptured horizontal stabilizer de-icing boots. 

We are issuing this AD to detect and correct 

damage of the de-icing boot; such damage 

could lead to a ruptured boot, severe 

vibrations, and possible reduced control of 

the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Revision of the Airplane Flight Manual 

(AFM) 

Within 30 days after the effective date of 

this AD, revise the ‘‘Abnormal Procedures’’ 

section of the applicable Saab 340 AFM to 

incorporate the revision specified in 

paragraphs (g)(1) through (g)(3) of this AD. 

(1) For Saab AB, Saab Aeronautics Model 

340A (SAAB/SF340A) airplanes, revise AFM 

340A 001 by incorporating Revision 57, 

dated March 27, 2015. 

(2) For Saab AB, Saab Aeronautics Model 

SAAB 340B airplanes, revise AFM 340B 001 

by incorporating Revision 35, dated March 

27, 2015. 

(3) For Saab AB, Saab Aeronautics Model 

SAAB 340B airplanes with extended wing 

tips, revise AFM 340B 010 by incorporating 

Revision 28, dated March 27, 2015. 

(h) Inspection/Replacement 

Within 400 flight hours or 6 months, 

whichever occurs first after the effective date 

of this AD, do a detailed inspection for 

damage of the horizontal stabilizer de-icing 

boots, and existing repairs of horizontal 

stabilizer de-icing boots, in accordance with 

the Accomplishment Instructions of Saab 

Service Bulletin 340–30–094, dated March 

27, 2015. Repeat the inspection thereafter at 

intervals not to exceed 400 flight hours. If, 

during any inspection required by this 

paragraph, any damage or existing repair 

outside the limits specified in Saab Service 

Bulletin 340–30–094, dated March 27, 2015, 

is found, before further flight, repair or 

replace the horizontal stabilizer de-icing 

boots, in accordance with the 

Accomplishment Instructions of Saab Service 

Bulletin 340–30–094, dated March 27, 2015. 

Repair or replacement on an airplane of the 

horizontal stabilizer de-icing boots, as 

required by this paragraph, does not 

constitute terminating action for the 

repetitive inspections required by this 

paragraph for that airplane. 

(i) 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: 

Shahram Daneshmandi, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–1112; fax 425–227–1149. 

Information may be emailed to: 9-ANM-116- 

AMOC-REQUESTS@faa.gov. Before using 


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Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations 41435 

1The FCPIAA, Public Law 101–410 (1990), as 

amended, is codified at 28 U.S.C. 2461 note. The 

FCPIAA states that the purpose of the act is to 

establish a mechanism that (1) allows for regular 

adjustment for inflation of civil monetary penalties; 

(2) maintains the deterrent effect of civil monetary 

penalties and promote compliance with the law; 

and (3) improves the collection by the Federal 

Government of civil monetary penalties. 

2For the relevant CMPs within the Commission’s 

jurisdiction, the Act provides only for maximum 

amounts that can be assessed for each violation of 

the Act or the rules, regulations and orders 

promulgated thereunder; the Act does not set forth 

any minimum penalties. Therefore, the remainder 

of this release will refer only to CMP maximums. 

3See 2015 Act, Public Law 114–74, 129 Stat. 584 

(2015), title VII, Section 701. 

4 Id., Section 701(b). Rule 143.8(b) is amended to 

reflect the change to annual adjustments from ‘‘once 

every four years.’’ 

5 2015 Act, Section 701(b). 

6 7 U.S.C. 9, 13a, 13a–1, 13b. 

7 7 U.S.C. 9. 

8See 17 CFR 143.8(a)(1). 

9 7 U.S.C. 13b. 

10See 17 CFR 143.8(a)(2). 

11The term ‘‘registered entity’’ is a defined term 

under the CEA. Section 1a(40) provides that the 

term ‘‘registered entity’’ means (A) a board of trade 

designated as a contract market under section 7 of 

Continued 

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: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

the European Aviation Safety Agency 

(EASA); or Saab AB, Saab Aeronautics’ EASA 

Design Organization Approval (DOA). If 

approved by the DOA, the approval must 

include the DOA-authorized signature. 

(j) Related Information 

Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2015–0129, dated 

July 6, 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– 

2015–8432. 

(k) 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. 

(i) Saab Service Bulletin 340–30–094, 

dated March 27, 2015. 

(ii) Saab AFM 340A 001, Revision 57, 

dated March 27, 2015. 

(iii) Saab AFM 340B 001, Revision 35, 

dated March 27, 2015. 

(iv) Saab AFM 340B 010, Revision 28, 

dated March 27, 2015. 

(3) For service information identified in 

this AD, contact Saab AB, Saab Aeronautics, 

SE–581 88, Linko ̈ping, Sweden; telephone 

+46 13 18 5591; fax +46 13 18 4874; email 

saab340techsupport@saabgroup.com; 

Internet http://www.saabgroup.com. 

(4) You may view this service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

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

(5) 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/ibrlocations.html. 

Issued in Renton, Washington, on June 13, 

2016. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–14871 Filed 6–24–16; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 143 

RIN 3038–AE45 

Adjustment of Civil Monetary Penalties 

for Inflation 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Interim final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission) is 

amending its rule that governs the 

maximum amount of civil monetary 

penalties, to adjust for inflation. This 

rule sets forth the maximum, inflationadjusted dollar amount for civil 

monetary penalties (CMPs) assessable 

for violations of the Commodity 

Exchange Act (CEA) and Commission 

rules, regulations and orders 

thereunder. The rule, as amended, 

implements the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended. 

DATES: Effective Date: This interim final 

rule is effective August 1, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Edward J. Riccobene, Associate Chief 

Counsel, Division of Enforcement, at 

(202) 418–5327 or ericcobene@cftc.gov, 

Commodity Futures Trading 

Commission, 1155 21st Street NW., 

Washington, DC 20581. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990 (FCPIAA) 1

requires the head of each Federal agency 

to periodically adjust for inflation the 

minimum and maximum amount of 

CMPs provided by law within the 

jurisdiction of that agency.2 On 

November 2, 2015, the President signed 

into law the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (the 2015 Act),3 which 

further amended the FCPIAA to 

improve the effectiveness of civil 

monetary penalties and to maintain 

their deterrent effect. The 2015 Act 

requires agencies to: (1) Adjust the level 

of civil monetary penalties with an 

initial ‘‘catch-up’’ adjustment through 

an interim final rulemaking; and (2) 

make subsequent annual adjustments 

for inflation.4 Agencies are required to 

publish interim final rules with the 

initial penalty adjustment amounts by 

July 1, 2016, and the new penalty levels 

must take effect no later than August 1, 

2016.5

II. Commodity Exchange Act Civil 

Monetary Penalties 

The inflation adjustment requirement 

applies to any penalty, fine or other 

sanction that (A) is for a specific 

monetary amount as provided by 

Federal law or has a maximum amount 

provided for by Federal law; (B) is 

assessed or enforced by an agency 

pursuant to Federal law; and (C) is 

assessed or enforced pursuant to an 

administrative proceeding or a civil 

action in the Federal courts. 28 U.S.C. 

2461 note. The CEA provides for CMPs 

that meet the above definition and are, 

therefore, subject to the inflation 

adjustment in the following instances: 

Sections 6(c), 6(d), 6b, and 6c of the 

CEA.6

Section 6(c) of the CEA,7 as adjusted 

by the FCPIAA,8 currently sets the 

maximum CMP that may be imposed by 

the Commission in an administrative 

proceeding on ‘‘any person (other than 

a registered entity)’’ for: (1) Each 

violation of Section 6(c) of the CEA or 

any other provisions of the Act or of the 

rules, regulations, or orders of the 

Commission thereunder to the greater of 

$140,000 or triple the monetary gain to 

the violator; and (2) any manipulation 

or attempted manipulation in violation 

of Section 6(c) or 9(a)(2) of the CEA to 

the greater of $1,000,000 or triple the 

monetary gain to the violator. 

Section 6(d) of the CEA,9 as adjusted 

by the FCPIAA,10 currently sets the 

maximum CMP that may be imposed by 

the Commission in an administrative 

proceeding on ‘‘any person (other than 

a registered entity)’’ 11 for violations of 


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