Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes, 27419-27422 [2017-12168]
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Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations
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 (j) 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,
modification, or alteration 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. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) For service information that contains
steps that are labeled as Required for
Compliance (RC), the provisions of
paragraphs (i)(4)(i) and (i)(4)(ii) of this AD
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. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. 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.
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(j) Related Information
For more information about this AD,
contact Stanley Chen, Aerospace Engineer,
Cabin Safety and Environmental Systems
Branch, ANM–150S, FAA, Seattle ACO, 1601
Lind Avenue SW., Renton, WA 98057–3356;
phone: 425–917–6585; fax: 425–917–6590;
email: stanley.chen@faa.gov.
(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 the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 737–
21A1203, dated June 8, 2016.
(ii) Reserved.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; Internet https://
www.myboeingfleet.com.
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(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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on June 2,
2017.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–12172 Filed 6–14–17; 8:45 am]
BILLING CODE 4910–13–P
27419
Empresa Brasileira de Aeronautica S.A.
(Embraer), Technical Publications
Section (PC 060), Av. Brigadeiro Faria
˜
Lima, 2170–Putim–12227–901 Sao 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 https://
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. It is also available
on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
3143.
Examining the AD Docket
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–3143; Directorate
Identifier 2015–NM–047–AD; Amendment
39–18924; AD 2017–12–09]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(Embraer) Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Empresa Brasileira de Aeronautica S.A.
(Embraer) Model EMB–135 airplanes
and Model EMB–145, –145ER, –145MR,
–145LR, –145MP, –145EP, and –145XR
airplanes. This AD was prompted by a
report of chafing found between the fuel
pump electrical harness and the fuel
pump tubing during scheduled
maintenance. This AD requires a
detailed inspection for chafing on the
electrical harness of each electrical fuel
pump in the fuel tanks, replacement of
the affected electrical fuel pump with a
new or serviceable pump if necessary,
and installation of clamps on the fuel
pump electrical harnesses. We are
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective July 20,
2017.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of July 20, 2017.
ADDRESSES: For service information
identified in this final rule, contact
SUMMARY:
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You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
3143; 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:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; telephone 425–227–1175;
fax 425–227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a supplemental notice of
proposed rulemaking (SNPRM) to
amend 14 CFR part 39 by adding an AD
that would apply to certain Empresa
Brasileira de Aeronautica S.A. (Embraer)
Model EMB–135 airplanes and Model
EMB–145, –145ER, –145MR, –145LR,
–145MP, –145EP, and –145XR
airplanes. The SNPRM published in the
Federal Register on August 5, 2016 (81
FR 51815) (‘‘the SNPRM’’). We preceded
the SNPRM with a notice of proposed
rulemaking (NPRM) that published in
the Federal Register on August 21, 2015
(80 FR 50812) (‘‘the NPRM’’). The
NPRM proposed to require a detailed
inspection for chafing on the electrical
harness of each electrical fuel pump in
the fuel tanks, replacement of the
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affected electrical fuel pump with a new
or serviceable pump if necessary, and
installation of clamps on the fuel pump
electrical harnesses. The NPRM was
prompted by a report of chafing found
between the fuel pump electrical
harness and the fuel pump tubing
during scheduled maintenance. The
SNPRM proposed to require a detailed
inspection for chafing on the electrical
harness of each electrical fuel pump in
the fuel tanks, replacement of the
affected electrical fuel pump with a new
or serviceable pump if necessary, and
installation of clamps on the fuel pump
electrical harnesses. The SNPRM also
proposed to require revising the NPRM
by expanding the proposed applicability
and revising the compliance time for the
detailed inspection. We are issuing this
AD to detect and correct chafing of the
fuel pump harnesses with other parts
inside the fuel tank, which could
present a potential ignition source that
could result in a fire or fuel tank
explosion.
ˆ
The Agencia Nacional de Aviacao
¸˜
Civil (ANAC), which is the aviation
authority for Brazil, has issued Brazilian
Airworthiness Directive 2015–03–01,
effective March 23, 2015 (referred to
after this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Empresa Brasileira de
Aeronautica S.A. (Embraer) Model
EMB–135 airplanes and Model EMB–
145, –145ER, –145MR, –145LR,
–145MP, and –145EP airplanes. The
MCAI states:
Chafing between the fuel pump electrical
harness and fuel pump tubing was detected
during scheduled maintenance. We are
issuing this [Brazilian] AD to protect the fuel
pump harnesses against chafing with other
parts inside the fuel tank, which could
present a potential ignition source that could
result in a fire or fuel tank explosion.
The required actions include a
detailed inspection for chafing on the
electrical harness of each electrical fuel
pump in the fuel tanks, replacement of
the affected electrical fuel pump with a
new or serviceable pump if necessary,
and installation of clamps on the fuel
pump electrical harnesses. You may
examine the MCAI in the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
3143.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the SNPRM or
on the determination of the cost to the
public.
Conclusion
We reviewed the relevant data and
determined that air safety and the
public interest require adopting this AD
as proposed except for minor editorial
changes. We have determined that these
minor changes:
• Are consistent with the intent that
was proposed in the SNPRM for
correcting the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the SNPRM.
Related Service Information Under 1
CFR Part 51
We reviewed Embraer Service
Bulletin 145–28–0030, Revision 01,
dated October 22, 2010; and Embraer
Service Bulletin 145LEG–28–0032,
Revision 01, dated November 20, 2012.
The service information describes
procedures for a detailed inspection for
chafing on the electrical harness of each
electrical fuel pump in the fuel tanks,
replacement of the affected electrical
fuel pump with a new or serviceable
pump if necessary, and installation of
clamps on the fuel pump electrical
harnesses. These documents are distinct
since they apply to different airplane
models. 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 731
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
ESTIMATED COSTS
Action
Labor cost
Inspection and installation ......
11 work-hours × $85 per hour = $935 ...................................
We estimate the following costs to do
any necessary replacements that will be
Cost per
product
Parts cost
required based on the results of the
required inspection. We have no way of
$0
$935
Cost on U.S.
operators
$683,485
determining the number of aircraft that
might need this replacement:
ON-CONDITION COSTS
Labor cost
Replacement ....................................
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Action
6 work-hours × $85 per hour = $510 ........................................................
According to the manufacturer, some
of the costs of this AD may be covered
under warranty, thereby reducing the
cost impact on affected individuals. We
do not control warranty coverage for
affected individuals. As a result, we
have included all costs in our cost
estimate.
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Parts cost
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,
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$11,242
Cost per
product
$11,752
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
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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):
■
2017–12–09 Empresa Brasileira de
Aeronautica S.A. (Embraer):
Amendment 39–18924; Docket No.
FAA–2015–3143; Directorate Identifier
2015–NM–047–AD.
(a) Effective Date
This AD is effective July 20, 2017.
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(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes specified
in paragraphs (c)(1) and (c)(2) of this AD.
(1) Empresa Brasileira de Aeronautica S.A.
(Embraer) Model EMB–135ER, –135KE,
–135KL, and –135LR airplanes; and Model
EMB–145, –145ER, –145MR, –145LR,
–145MP, –145EP, and –145XR airplanes,
certificated in any category, as identified in
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27421
Embraer Service Bulletin 145–28–0030,
Revision 01, dated October 22, 2010.
(2) Empresa Brasileira de Aeronautica S.A.
(Embraer) Model EMB–135BJ airplanes,
certificated in any category, as identified in
Embraer Service Bulletin 145LEG–28–0032,
Revision 01, dated November 20, 2012.
after the effective date of this AD, whichever
occurs first.
(2) For Model EMB–135BJ airplanes: Do
the actions specified in paragraph (g) of this
AD within 4,800 flight hours or 48 months
after the effective date of this AD, whichever
occurs first.
(d) Subject
(i) Credit for Previous Actions
Air Transport Association (ATA) of
America Code 28, Fuel.
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using Embraer Service
Bulletin 145–28–0030, dated September 1,
2010 (for Model EMB–135ER, –135KE,
–135KL, and –135LR airplanes; and Model
EMB–145, –145ER, –145MR, –145LR,
–145MP, –145EP, and –145XR airplanes); or
Embraer Service Bulletin 145LEG–28–0032,
dated September 15, 2011 (for Model EMB–
135BJ airplanes), as applicable.
(e) Reason
This AD was prompted by a report of
chafing found between the fuel pump
electrical harness and the fuel pump tubing
during scheduled maintenance. We are
issuing this AD to detect and correct chafing
of the fuel pump harnesses with other parts
inside the fuel tank, which could present a
potential ignition source that could result in
a fire or fuel tank explosion.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Detailed Inspection and Corrective
Action
Do the actions specified in paragraphs
(g)(1) and (g)(2) of this AD at the applicable
times specified in paragraph (h)(1) or (h)(2)
of this AD.
(1) Do a detailed inspection for chafing on
the electrical harness of each electrical fuel
pump in the fuel tanks, in accordance with
the Accomplishment Instructions of Embraer
Service Bulletin 145–28–0030, Revision 01,
dated October 22, 2010 (for Model EMB–
135ER, –135KE, –135KL, and –135LR
airplanes; and Model EMB–145, –145ER,
–145MR, –145LR, –145MP, –145EP, and
–145XR airplanes); or Embraer Service
Bulletin 145LEG–28–0032, Revision 01,
dated November 20, 2012 (for Model EMB–
135BJ airplanes). If any chafing is found,
before further flight, replace the affected
electrical fuel pump with a new or
serviceable pump having the same part
number, in accordance with the
Accomplishment Instructions of Embraer
Service Bulletin 145–28–0030, Revision 01,
dated October 22, 2010; or Embraer Service
Bulletin 145LEG–28–0032, Revision 01,
dated November 20, 2012; as applicable.
(2) Install clamps on the fuel pump
electrical harnesses, in accordance with the
Accomplishment Instructions of Embraer
Service Bulletin 145–28–0030, Revision 01,
dated October 22, 2010 (for Model EMB–
135ER, –135KE, –135KL, and –135LR
airplanes; and Model EMB–145, –145ER,
–145MR, –145LR, –145MP, –145EP, and
–145XR airplanes); or Embraer Service
Bulletin 145LEG–28–0032, Revision 01,
dated November 20, 2012 (for Model EMB–
135BJ airplanes).
(h) Compliance Times
(1) For Model EMB–135ER, –135KE,
–135KL, and –135LR airplanes; and Model
EMB–145, –145ER, –145MR, –145LR,
–145MP, –145EP, and –145XR airplanes: Do
the actions specified in paragraph (g) of this
AD within 5,000 flight hours or 24 months
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(j) 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 the
attention of the person identified in
paragraph (k)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office/
certificate holding district office.
(2) Contacting the Manufacturer: 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
ˆ
the Agencia Nacional de Aviacao Civil
¸˜
(ANAC); or ANAC’s authorized Designee. If
approved by the ANAC Designee, the
approval must include the Designee’s
authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Brazilian
Airworthiness Directive 2015–03–01,
effective March 23, 2015, for related
information. This MCAI may be found in the
AD docket on the Internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2015–3143.
(2) For more information about this AD,
contact Todd Thompson, Aerospace
Engineer, International Branch, ANM–116,
Transport Airplane Directorate, FAA, 1601
Lind Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1175; fax 425–227–1149.
(3) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (l)(3) and (l)(4) of this AD.
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(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 this AD specifies otherwise.
(i) Embraer Service Bulletin 145–28–0030,
Revision 01, dated October 22, 2010.
(ii) Embraer Service Bulletin 145LEG–28–
0032, Revision 01, dated November 20, 2012.
(3) For service information identified in
this AD, contact Empresa Brasileira de
Aeronautica S.A. (Embraer), Technical
Publications Section (PC 060), Av. Brigadeiro
˜
Faria Lima, 2170–Putim–12227–901 Sao 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 https://www.flyembraer.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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on June 2,
2017.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–12168 Filed 6–14–17; 8:45 am]
BILLING CODE 4910–13–P
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Parts 4022 and 4044
Allocation of Assets in SingleEmployer Plans; Benefits Payable in
Terminated Single-Employer Plans;
Interest Assumptions for Valuing and
Paying Benefits
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
This final rule amends the
Pension Benefit Guaranty Corporation’s
regulations on Benefits Payable in
Terminated Single-Employer Plans and
Allocation of Assets in Single-Employer
Plans to prescribe interest assumptions
under the benefit payments regulation
for valuation dates in July 2017 and
interest assumptions under the asset
allocation regulation for valuation dates
in the third quarter of 2017. The interest
assumptions are used for valuing and
paying benefits under terminating
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SUMMARY:
VerDate Sep<11>2014
14:00 Jun 14, 2017
Jkt 241001
single-employer plans covered by the
pension insurance system administered
by PBGC.
DATES: Effective July 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Deborah C. Murphy (Murphy.Deborah@
PBGC.gov), Assistant General Counsel
for Regulatory Affairs, Pension Benefit
Guaranty Corporation, 1200 K Street
NW., Washington, DC 20005, 202–326–
4400 ext. 3451. (TTY/TDD users may
call the Federal relay service toll free at
1–800–877–8339 and ask to be
connected to 202–326–4400 ext. 3451.)
SUPPLEMENTARY INFORMATION: PBGC’s
regulations on Allocation of Assets in
Single-Employer Plans (29 CFR part
4044) and Benefits Payable in
Terminated Single-Employer Plans (29
CFR part 4022) prescribe actuarial
assumptions—including interest
assumptions—for valuing and paying
plan benefits under terminating singleemployer plans covered by title IV of
the Employee Retirement Income
Security Act of 1974. The interest
assumptions in the regulations are also
published on PBGC’s Web site (https://
www.pbgc.gov).
The interest assumptions in appendix
B to part 4044 are used to value benefits
for allocation purposes under ERISA
section 4044. PBGC uses the interest
assumptions in appendix B to part 4022
to determine whether a benefit is
payable as a lump sum and to determine
the amount to pay. Appendix C to part
4022 contains interest assumptions for
private-sector pension practitioners to
refer to if they wish to use lump-sum
interest rates determined using PBGC’s
historical methodology. Currently, the
rates in appendices B and C of the
benefit payment regulation are the same.
The interest assumptions are intended
to reflect current conditions in the
financial and annuity markets.
Assumptions under the asset allocation
regulation are updated quarterly;
assumptions under the benefit payments
regulation are updated monthly. This
final rule updates the benefit payments
interest assumptions for July 2017 and
updates the asset allocation interest
assumptions for the third quarter (July
through September) of 2017.
The third quarter 2017 interest
assumptions under the allocation
regulation will be 2.44 percent for the
first 20 years following the valuation
date and 2.74 percent thereafter. In
comparison with the interest
assumptions in effect for the second
quarter of 2017, these interest
assumptions represent no change in the
select period (the period during which
the select rate, the initial rate, applies),
an increase of 0.29 percent in the select
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rate, and an increase of 0.14 percent in
the ultimate rate, the final rate.
The July 2017 interest assumptions
under the benefit payments regulation
will be 1.00 percent for the period
during which a benefit is in pay status
and 4.00 percent during any years
preceding the benefit’s placement in pay
status. In comparison with the interest
assumptions in effect for June 2017,
these interest assumptions are
unchanged.
PBGC has determined that notice and
public comment on this amendment are
impracticable and contrary to the public
interest. This finding is based on the
need to determine and issue new
interest assumptions promptly so that
the assumptions can reflect current
market conditions as accurately as
possible.
Because of the need to provide
immediate guidance for the valuation
and payment of benefits under plans
with valuation dates during July 2017,
PBGC finds that good cause exists for
making the assumptions set forth in this
amendment effective less than 30 days
after publication.
PBGC has determined that this action
is not a ‘‘significant regulatory action’’
under the criteria set forth in Executive
Order 12866.
Because no general notice of proposed
rulemaking is required for this
amendment, the Regulatory Flexibility
Act of 1980 does not apply. See 5 U.S.C.
601(2).
List of Subjects
29 CFR Part 4022
Employee benefit plans, Pension
insurance, Pensions, Reporting and
recordkeeping requirements.
29 CFR Part 4044
Employee benefit plans, Pension
insurance, Pensions.
In consideration of the foregoing, 29
CFR parts 4022 and 4044 are amended
as follows:
PART 4022—BENEFITS PAYABLE IN
TERMINATED SINGLE-EMPLOYER
PLANS
1. The authority citation for part 4022
continues to read as follows:
■
Authority: 29 U.S.C. 1302, 1322, 1322b,
1341(c)(3)(D), and 1344.
2. In appendix B to part 4022, Rate Set
285, as set forth below, is added to the
table.
■
Appendix B to Part 4022—Lump Sum
Interest Rates for PBGC Payments
*
E:\FR\FM\15JNR1.SGM
*
*
15JNR1
*
*
Agencies
[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Rules and Regulations]
[Pages 27419-27422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12168]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-3143; Directorate Identifier 2015-NM-047-AD;
Amendment 39-18924; AD 2017-12-09]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(Embraer) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP,
and -145XR airplanes. This AD was prompted by a report of chafing found
between the fuel pump electrical harness and the fuel pump tubing
during scheduled maintenance. This AD requires a detailed inspection
for chafing on the electrical harness of each electrical fuel pump in
the fuel tanks, replacement of the affected electrical fuel pump with a
new or serviceable pump if necessary, and installation of clamps on the
fuel pump electrical harnesses. We are issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective July 20, 2017.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 20,
2017.
ADDRESSES: For service information identified in this final rule,
contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-Putim-
12227-901 S[atilde]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 https://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. It is also
available on the Internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2015-3143.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3143; 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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175;
fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 by adding an AD that would apply to certain
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP,
and -145XR airplanes. The SNPRM published in the Federal Register on
August 5, 2016 (81 FR 51815) (``the SNPRM''). We preceded the SNPRM
with a notice of proposed rulemaking (NPRM) that published in the
Federal Register on August 21, 2015 (80 FR 50812) (``the NPRM''). The
NPRM proposed to require a detailed inspection for chafing on the
electrical harness of each electrical fuel pump in the fuel tanks,
replacement of the
[[Page 27420]]
affected electrical fuel pump with a new or serviceable pump if
necessary, and installation of clamps on the fuel pump electrical
harnesses. The NPRM was prompted by a report of chafing found between
the fuel pump electrical harness and the fuel pump tubing during
scheduled maintenance. The SNPRM proposed to require a detailed
inspection for chafing on the electrical harness of each electrical
fuel pump in the fuel tanks, replacement of the affected electrical
fuel pump with a new or serviceable pump if necessary, and installation
of clamps on the fuel pump electrical harnesses. The SNPRM also
proposed to require revising the NPRM by expanding the proposed
applicability and revising the compliance time for the detailed
inspection. We are issuing this AD to detect and correct chafing of the
fuel pump harnesses with other parts inside the fuel tank, which could
present a potential ignition source that could result in a fire or fuel
tank explosion.
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2015-03-01, effective March 23, 2015 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Empresa
Brasileira de Aeronautica S.A. (Embraer) Model EMB-135 airplanes and
Model EMB-145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes.
The MCAI states:
Chafing between the fuel pump electrical harness and fuel pump
tubing was detected during scheduled maintenance. We are issuing
this [Brazilian] AD to protect the fuel pump harnesses against
chafing with other parts inside the fuel tank, which could present a
potential ignition source that could result in a fire or fuel tank
explosion.
The required actions include a detailed inspection for chafing on
the electrical harness of each electrical fuel pump in the fuel tanks,
replacement of the affected electrical fuel pump with a new or
serviceable pump if necessary, and installation of clamps on the fuel
pump electrical harnesses. You may examine the MCAI in the AD docket on
the Internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2015-3143.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the SNPRM or on the determination
of the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
SNPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the SNPRM.
Related Service Information Under 1 CFR Part 51
We reviewed Embraer Service Bulletin 145-28-0030, Revision 01,
dated October 22, 2010; and Embraer Service Bulletin 145LEG-28-0032,
Revision 01, dated November 20, 2012. The service information describes
procedures for a detailed inspection for chafing on the electrical
harness of each electrical fuel pump in the fuel tanks, replacement of
the affected electrical fuel pump with a new or serviceable pump if
necessary, and installation of clamps on the fuel pump electrical
harnesses. These documents are distinct since they apply to different
airplane models. 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 731 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Inspection and installation........ 11 work-hours x $85 per $0 $935 $683,485
hour = $935.
----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any necessary replacements
that will be required based on the results of the required inspection.
We have no way of determining the number of aircraft that might need
this replacement:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Replacement................................ 6 work-hours x $85 per hour = $510. $11,242 $11,752
----------------------------------------------------------------------------------------------------------------
According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
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
[[Page 27421]]
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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2017-12-09 Empresa Brasileira de Aeronautica S.A. (Embraer):
Amendment 39-18924; Docket No. FAA-2015-3143; Directorate Identifier
2015-NM-047-AD.
(a) Effective Date
This AD is effective July 20, 2017.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes specified in paragraphs (c)(1)
and (c)(2) of this AD.
(1) Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-
135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -
145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes,
certificated in any category, as identified in Embraer Service
Bulletin 145-28-0030, Revision 01, dated October 22, 2010.
(2) Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-
135BJ airplanes, certificated in any category, as identified in
Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November
20, 2012.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Reason
This AD was prompted by a report of chafing found between the
fuel pump electrical harness and the fuel pump tubing during
scheduled maintenance. We are issuing this AD to detect and correct
chafing of the fuel pump harnesses with other parts inside the fuel
tank, which could present a potential ignition source that could
result in a fire or fuel tank explosion.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Detailed Inspection and Corrective Action
Do the actions specified in paragraphs (g)(1) and (g)(2) of this
AD at the applicable times specified in paragraph (h)(1) or (h)(2)
of this AD.
(1) Do a detailed inspection for chafing on the electrical
harness of each electrical fuel pump in the fuel tanks, in
accordance with the Accomplishment Instructions of Embraer Service
Bulletin 145-28-0030, Revision 01, dated October 22, 2010 (for Model
EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145,
-145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes); or
Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November
20, 2012 (for Model EMB-135BJ airplanes). If any chafing is found,
before further flight, replace the affected electrical fuel pump
with a new or serviceable pump having the same part number, in
accordance with the Accomplishment Instructions of Embraer Service
Bulletin 145-28-0030, Revision 01, dated October 22, 2010; or
Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November
20, 2012; as applicable.
(2) Install clamps on the fuel pump electrical harnesses, in
accordance with the Accomplishment Instructions of Embraer Service
Bulletin 145-28-0030, Revision 01, dated October 22, 2010 (for Model
EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145,
-145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes); or
Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November
20, 2012 (for Model EMB-135BJ airplanes).
(h) Compliance Times
(1) For Model EMB-135ER, -135KE, -135KL, and -135LR airplanes;
and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP, and -
145XR airplanes: Do the actions specified in paragraph (g) of this
AD within 5,000 flight hours or 24 months after the effective date
of this AD, whichever occurs first.
(2) For Model EMB-135BJ airplanes: Do the actions specified in
paragraph (g) of this AD within 4,800 flight hours or 48 months
after the effective date of this AD, whichever occurs first.
(i) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Embraer Service Bulletin 145-28-0030, dated
September 1, 2010 (for Model EMB-135ER, -135KE, -135KL, and -135LR
airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -
145EP, and -145XR airplanes); or Embraer Service Bulletin 145LEG-28-
0032, dated September 15, 2011 (for Model EMB-135BJ airplanes), as
applicable.
(j) 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 the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
(2) Contacting the Manufacturer: 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
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC); or
ANAC's authorized Designee. If approved by the ANAC Designee, the
approval must include the Designee's authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian Airworthiness Directive 2015-03-01, effective March
23, 2015, for related information. This MCAI may be found in the AD
docket on the Internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2015-3143.
(2) For more information about this AD, contact Todd Thompson,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1175; fax 425-227-1149.
(3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (l)(4) of this AD.
[[Page 27422]]
(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 this AD specifies otherwise.
(i) Embraer Service Bulletin 145-28-0030, Revision 01, dated
October 22, 2010.
(ii) Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated
November 20, 2012.
(3) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (Embraer), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-
Putim-12227-901 S[atilde]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 https://www.flyembraer.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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on June 2, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-12168 Filed 6-14-17; 8:45 am]
BILLING CODE 4910-13-P