81894 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Proposed Rules 

is installed: At the applicable times in 

paragraph 1.E, ‘‘Compliance,’’ of Boeing 

Special Attention Service Bulletin 757–53– 

0094, Revision 1, dated August 12, 2009, 

except as required by paragraph (p)(2) of this 

AD, do LFEC, HFEC, and detailed 

inspections, as applicable, for cracking of the 

doubler, tripler, quadrupler, skin, bear strap, 

and inner chord strap, as applicable, in 

accordance with the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 757–53–0094, Revision 1, 

dated August 12, 2009. Repeat the 

inspections thereafter at the applicable times 

specified in paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Special Attention Service Bulletin 

757–53–0094, Revision 1, dated August 12, 

2009. 

(o) Supplemental Repair 

If any cracking is found during any 

inspection required by paragraph (n) of this 

AD, before further flight, repair the crack in 

accordance with the procedures specified in 

paragraph (q) of this AD. 

(p) Exceptions to Service Bulletin 

Specifications 

The following exceptions apply to this AD. 

(1) Where Boeing Special Attention Service 

Bulletin 757–53–0094, Revision 1, dated 

August 12, 2009, specifies a compliance time 

after the ‘‘original issue date’’ or ‘‘Revision 1 

date of the service bulletin,’’ this AD requires 

compliance after the effective date of this AD. 

(2) Where Boeing Special Attention Service 

Bulletin 757–53–0094, Revision 1, dated 

August 12, 2009, specifies doing the HFEC, 

LFEC, and detailed inspections required by 

paragraph (n) of this AD before the 

accumulation of 37,500 total flight cycles, 

this AD requires the inspections to be 

accomplished at the latest of the times 

specified in paragraphs (p)(2)(i) and (p)(2)(ii) 

of this AD. 

(i) Before the accumulation of 37,500 total 

flight cycles. 

(ii) Within 24 months after the effective 

date of this AD. 

(3) Where Boeing Special Attention Service 

Bulletin 757–53–0094, Revision 1, dated 

August 12, 2009, specifies contacting Boeing 

for repair instructions, this AD requires 

repairing in accordance with the procedures 

specified in paragraph (q) of this AD. 

(q) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle 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 ACO, send it to ATTN: Nancy Marsh, 

Aerospace Engineer, Airframe Branch, ANM– 

120S, FAA, 1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: (425) 917– 

6440; fax: (425) 917–6432; email: 

nancy.marsh@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) AMOCs approved for AD 2004–09–32, 

Amendment 39–13622 (69 FR 25481, May 7, 

2004), are approved as AMOCs for the 

corresponding actions in paragraphs (g), (h), 

and (i) of this AD. 

(r) Related Information 

(1) For more information about this AD, 

contact Nancy Marsh, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 1601 

Lind Avenue SW., Renton, Washington 

98057–3356; phone: (425) 917–6440; fax: 

(425) 917–6432; email: nancy.marsh@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

(206) 544–5000, extension 1; fax (206) 766– 

5680; email me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You may 

review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

(425) 227–1221. 

Issued in Renton, Washington, on 

December 16, 2011. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–33355 Filed 12–28–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1325; Directorate 

Identifier 2010–NM–250–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

that applies to all EMBRAER Model ERJ 

170 airplanes. The existing AD currently 

requires revising the Airworthiness 

Limitations Section (ALS) of the 

Instructions for Continued 

Airworthiness (ICA) to incorporate new 

structural inspection requirements. 

Since we issued that AD, during full 

scale fatigue testing, cracks were found 

in certain structural components of the 

airplane. Analysis of these cracks 

resulted in manufacturer modifications 

of the ALS of Embraer ERJ 170 

Maintenance Review Board Report 

(MRBR), which include new inspections 

tasks, or modification of the current 

tasks and their respective thresholds 

and intervals. This proposed AD would 

revise the maintenance program to 

incorporate new or revised structural 

inspection requirements. We are 

proposing this AD to detect and correct 

fatigue cracking which could result in 

the loss of structural integrity of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by February 13, 2012. 

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 proposed AD, contact Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), 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, Washington. 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; or in person at the 

Docket Operations office 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 


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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. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2768; 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–2011–1325; Directorate Identifier 

2010–NM–250–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 

On May 14, 2010, we issued AD 

2010–11–13, Amendment 39–16318 (75 

FR 30284, June 1, 2010). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2010–11–13, 

Amendment 39–16318 (75 FR 30284, 

June 1, 2010): The Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC), which is the 

aviation authority for Brazil, has issued 

Brazilian Airworthiness Directive 2011– 

04–01, dated May 5, 2011 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

During the airplane full scale fatigue test, 

cracks were found in some structural 

components of the airplane. Analysis of these 

cracks resulted in modifications on the 

Airworthiness Limitation Section (ALS) of 

Embraer ERJ 170 Maintenance Review Board 

Report (MRBR), to include new inspections 

tasks or modification of existing ones and its 

respective thresholds and intervals. 

Failure to inspect these structural 

components, according to the new/revised 

tasks, thresholds and intervals, could prevent 

a timely detection of fatigue cracking. These 

cracks, if not properly addressed, could 

adversely affect the structural integrity of the 

airplane. 

* * * * * 

The required action is revising the 

maintenance program to incorporate 

new structural inspection requirements. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

EMBRAER has issued Part 2— 

Airworthiness Limitation Inspection 

(ALI)—Structures, of Appendix A, 

Airworthiness Limitations of the 

EMBRAER 170 Maintenance Review 

Board Report (MRBR) MRB–1621, 

Appendix A, Part 2, Airworthiness 

Limitations, Revision 7, dated 

November 11, 2010; and Temporary 

Revision (TR) 7–1, dated February 11, 

2011, to Part 2—Airworthiness 

Limitation Inspection (ALI)—Structures, 

of Appendix A, Airworthiness 

Limitations of the EMBRAER 170 MRBR 

MRB–1621, Revision 7, dated November 

11, 2010. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

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. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 166 products of U.S. 

registry. 

The actions that are required by AD 

2010–11–13, Amendment 39–16318 (75 

FR 30284, June 1, 2010) and retained in 

this proposed AD take about 1 workhour per product, at an average labor 

rate of $85 per work hour. Based on 

these figures, the estimated cost of the 

currently required actions is $85 per 

product. 

We estimate that it would take about 

1 work-hour per product to comply with 

the new basic requirements of this 

proposed AD. The average labor rate is 

$85 per work-hour. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$14,110, 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 have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

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: 


wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
81896 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Proposed Rules 

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

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing Amendment 39–16318 (75 FR 

30284, June 1, 2010) and adding the 

following new AD: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2011– 

1325; Directorate Identifier 2010–NM– 

250–AD. 

(a) Comments Due Date 

We must receive comments by February 

13, 2012. 

(b) Affected ADs 

This AD supersedes AD 2010–11–13, 

Amendment 39–16318 (75 FR 30284, June 1, 

2010) 

(c) Applicability 

This AD applies to all Empresa Brasileira 

de Aeronautica S.A. (EMBRAER) 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. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new actions (e.g., inspections). 

Compliance with these actions is required by 

14 CFR 91.403(c). For airplanes that have 

been previously modified, altered, or 

repaired in the areas addressed by these 

inspections, 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) of this 

AD. The request should include a description 

of changes to the required inspections that 

will ensure the continued damage tolerance 

of the affected structure. The FAA has 

provided guidance for this determination in 

Advisory Circular (AC) 25.1529–1A. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53: Fuselage; 57: Wings. 

(e) Reason 

This AD was prompted by cracks found in 

certain structural components during full 

scale fatigue testing of the airplane. Analysis 

of these cracks resulted in manufacturer 

modifications of the ALS of Embraer ERJ 170 

Maintenance Review Board Report (MRBR), 

which include new inspections tasks, or 

modification of the current tasks and their 

respective thresholds and intervals. We are 

issuing this AD to detect and correct fatigue 

cracking which could result in the loss of 

structural integrity of the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

Restatement of Requirements of AD 2010– 

11–13, Amendment 39–16318 (75 FR 30284, 

June 1, 2010): 

(g) Actions 

Within 90 days after July 6, 2010 (the 

effective date of AD 2010–11–13, 

Amendment 39–16318 (75 FR 30284, June 1, 

2010)), revise the Airworthiness Limitations 

Section (ALS) of the Instructions for 

Continued Airworthiness (ICA) to 

incorporate the inspection tasks identified in 

the EMBRAER temporary revisions (TRs) to 

Appendix A—Part 2 of the EMBRAER 170 

Maintenance Review Board Report (MRBR) 

MRB–1621 listed in table 1 of this AD. The 

initial compliance times for the tasks start 

from the applicable threshold times specified 

in the TRs for the corresponding tasks of the 

maintenance review board report or within 

500 flight cycles after July 6, 2010, whichever 

occurs later. For certain tasks, the 

compliance times depend on the premodification and post-modification status of 

the actions specified in the associated service 

bulletin, as specified in the ‘‘Applicability’’ 

column of the applicable TRs identified in 

table 1 of this AD. The threshold values 

stated in the TRs referenced in table 1 of this 

AD are total flight cycles on the airplane 

since the date of issuance of the original 

Brazilian airworthiness certificate or the date 

of issuance of the original Brazilian export 

certificate of airworthiness. 

TABLE 1—INSPECTION TASKS

TR Date Subject Task No. 

TR 4–1 .................................. October 15, 2007 ................. Ram air turbine compartment, support structure and cutout structure-internal.

Nose landing gear wheel well metallic structure ...............

53–10–012–0002 

53–10–012–0003 

53–10–021–0005 

53–10–021–0006 

TR 4–3 .................................. December 6, 2007 ............... Wing stub spar 3 side fitting—internal ...............................

Wing upper skin panels—external .....................................

Fixed trailing edge lower skin panel—external ..................

Fixed trailing edge rib 4A—external ..................................

Fixed trailing edge rib 6—internal ......................................

57–01–012–001 

57–10–010–0002 

57–50–002–0002 

57–50–005–0003 

57–50–005–0004 

TR 4–4 .................................. January 18, 2008 ................. Wing stub main box lower—internal .................................. 57–01–002–003 

(h) No Alternative Inspections for Paragraph 

(g) of This AD 

Except as required by paragraph (i) of this 

AD, after accomplishing the actions specified 

in paragraph (g) of this AD, no alternative 

inspections or inspection intervals may be 

used unless the inspection or inspection 

interval is approved by the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, or the Ageˆncia 

Nacional de Aviac ̧a ̃o Civil (ANAC) (or its 

delegated agent); or unless the inspection or 

interval is approved as an alternative method 

of compliance (AMOC) in accordance with 

the procedures specified in paragraph (k)(1) 

of this AD. 

New Requirements of This AD 

(i) Revision of the Maintenance Program 

Within 60 days after the effective date of 

this AD: 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 of the EMBRAER 

170 MRBR MRB–1621, Appendix A, Part 2, 

Airworthiness Limitations, Revision 7, dated 

November 11, 2010; and Temporary Revision 

(TR) 7–1, dated February 11, 2011, to Part 2— 

Airworthiness Limitation Inspection (ALI)— 

Structures, of Appendix A, Airworthiness 

Limitations of the EMBRAER 170 MRBR 

MRB–1621, Revision 7, dated November 11, 

2010, with the initial compliance times and 

intervals stated in these documents. 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 premodification 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 of the EMBRAER 

170 MRBR MRB–1621, Appendix A, Part 2, 

Airworthiness Limitations, Revision 7, dated 

November 11, 2010; and Temporary Revision 

(TR) 7–1, dated February 11, 2011, to Part 2— 

Airworthiness Limitation Inspection (ALI)— 

Structures, of Appendix A, Airworthiness 

Limitations of the EMBRAER 170 MRBR 

MRB–1621, Revision 7, dated November 11, 

2010. For tasks identified in the documents 

identified in this paragraph, doing the initial 

task required by this paragraph terminates 

the requirements of paragraph (g) of this AD 

for that task. 


wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
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(j) No Alternative Actions Intervals, and/or 

Critical Design Configuration Control 

Limitations (CDCCLs) 

After accomplishing the revisions required 

by paragraph (i) 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, Appendix A, Part 2, 

Airworthiness Limitations, Revision 7, dated 

November 11, 2010; and Temporary Revision 

(TR) 7–1, dated February 11, 2011, to Part 2— 

Airworthiness Limitation Inspection (ALI)— 

Structures, of Appendix A, Airworthiness 

Limitations of the EMBRAER 170 MRBR 

MRB–1621, Revision 7, dated November 11, 

2010, unless the actions, intervals, and/or 

CDCCLs are approved as an 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, 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: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–2768; 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) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(l) Related Information 

Refer to MCAI Brazilian Airworthiness 

Directive 2011–04–01, dated May 5, 2011; 

and Part 2—Airworthiness Limitation 

Inspection (ALI)—Structures, of Appendix A, 

Airworthiness Limitations of the EMBRAER 

170 MRBR MRB–1621, Appendix A, Part 2, 

Airworthiness Limitations, Revision 7, dated 

November 11, 2010; and Temporary Revision 

(TR) 7–1, dated February 11, 2011, to Part 2— 

Airworthiness Limitation Inspection (ALI)— 

Structures, of Appendix A, Airworthiness 

Limitations of the EMBRAER 170 MRBR 

MRB–1621, Revision 7, dated November 11, 

2010; for related information. 

Issued in Renton, Washington, on 

December 19, 2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–33279 Filed 12–28–11; 8:45 a.m.] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DOD–2011–HA–0076] 

RIN 0720–AB53 

TRICARE; Extended Care Health 

Option 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: The Department of Defense 

(DoD) is publishing this proposed rule 

to establish TRICARE coverage under 

the Extended Care Health Option 

(ECHO) of Applied Behavior Analysis 

(ABA) for Autism Spectrum Disorders 

(ASD). 

DATES: Written comments received at 

the address indicated below by February 

27, 2012 will be accepted. 

ADDRESSES: Comments may be 

submitted, identified by docket number 

and/or Regulatory Information Number 

(RIN) and title by either of the following 

methods: 

• Federal Rulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, Room 3C843, 1160 

Defense Pentagon, Washington, DC 

20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for Federal 

Register document. The General policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Kottyan, TRICARE 

Management Activity, Medical Benefits 

and Reimbursement Branch, telephone 

(303) 676–3520. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In response to Section 717 of the John 

Warner National Defense Authorization 

Act for Fiscal Year 2007 (NDAA FY 

2007) [Pub. L. 109–364, October 17, 

2006], DoD submitted to Congress in 

July 2007 the ‘‘Department of Defense 

Report and Plan on Services to Military 

Dependent Children with Autism.’’ The 

plan included a proposal to use the 

authority under 10 U.S.C. 1092 to 

conduct a Demonstration within the 

ECHO with a view to improving the 

quality, efficiency, convenience and 

cost effectiveness of providing services 

to eligible Active Duty Family Members 

(ADFM) diagnosed with one of the 

Autism Spectrum Disorders (ASD). 

Central to the Demonstration was the 

authority under 10 U.S.C. 1092 to 

provide reimbursement for the one-onone Applied Behavior Analysis (ABA) 

services rendered by an individual who 

is not a TRICARE-authorized provider. 

Such non-certified individual, referred 

to in the Demonstration as a ‘‘Tutor,’’ is 

referred to in this proposed rule as an 

‘‘ABA Tutor.’’ This rule requires that 

ABA Tutors meet the minimum 

requirements set forth in the current 

demonstration or, at the discretion of 

the Director, TRICARE Management 

Activity (TMA), the DoD may either 

adopt standards established in the 

future by a qualified accreditation 

organization as defined in title 32, Code 

of Federal Regulations (CFR), 199.2 (32 

CFR 199.2) or, after review and analysis 

of the effectiveness of ABA Tutors with 

various levels of training, establish 

additional education, training or 

certification requirements for ABA 

Tutors. Although it is common practice 

to use ABA Tutors to render direct 

‘‘hands-on’’ contact with those 

diagnosed with an ASD, currently there 

is no national certification process or 

governance body that sets uniform 

education, experience, oversight and 

disciplinary standards for Tutors. 

The purpose of the Demonstation was 

to test whether a tiered delivery and 

reimbursement methodology for ABA 

services would (1) provide increased 

access to ABA services, (2) provide ABA 

services to those most likely to benefit 

from them, (3) ensure the quality of 

ABA services by utilizing a professional 

community of providers including 

providers certified by the Behavior 

Analyst Certification Board (BACB), and 

4) determine whether requirements are 

being met for State licensure or 

certification where such exists. 

Following publication of the ‘‘Notice’’ 

in the Federal Register on December 4, 

2007 (72 FR 68130) the Department of 

Defense Enhanced Access to Autism 

Services Demonstration [the 

‘‘Demonstration’’] was implemented on 

March 15, 2008 for a two-year period. 


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