Airworthiness Directives; Embraer S.A. Airplanes, 32658-32661 [2017-14795]
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to the International Branch, send it to the
attention of the person identified in
paragraph (i)(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
the Civil Aviation Authority of Israel (CAAI);
or the CAAI’s authorized Designee. If
approved by the CAAI Designee, the approval
must include the Designee’s authorized
signature.
(i) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) CAAI
Airworthiness Directive ISR–I–52–2017–03–
28, dated January 3, 2017, 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–2017–0692.
(2) For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1137; fax 425–227–1149.
(3) For service information identified in
this AD, contact Gulfstream Aerospace
Corporation, P.O. Box 2206, Mail Station D–
25, Savannah, GA 31402–2206; telephone
800–810–4853; fax 912–965–3520; email
pubs@gulfstream.com; Internet https://
www.gulfstream.com/product_support/
technical_pubs/pubs/index.htm. 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.
Issued in Renton, Washington, on June 29,
2017.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–14595 Filed 7–14–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
jstallworth on DSK7TPTVN1PROD with PROPOSALS
14 CFR Part 39
[Docket No. FAA–2017–0697; Directorate
Identifier 2017–NM–041–AD]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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Notice of proposed rulemaking
(NPRM).
ACTION:
We propose to adopt a new
airworthiness directive (AD) for certain
Embraer S.A. Model ERJ 170 airplanes
and Model ERJ 190–100 STD, –100 LR,
–100 IGW, –200 STD, –200 LR, and
–200 IGW airplanes. This AD requires
repetitive detailed inspections of the
web aft face of the forward pressure
bulkhead for any cracking and
discrepancy; and modification of the
forward pressure bulkhead, which
would terminate the repetitive
inspections. This AD was prompted by
an evaluation by the design approval
holder (DAH) indicating that the
forward bulkhead is subject to
widespread fatigue damage (WFD). We
are proposing this AD to address the
unsafe condition on these products.
DATES: We must receive comments on
this proposed AD by August 31, 2017.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Embraer S.A.,
Technical Publications Section (PC
060), Av. Brigadeiro Faria Lima, 2170—
˜
Putim—12227–901 Sao Jose dos
Campos—SP—Brazil; 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.
SUMMARY:
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–2017–
0697; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
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received, and other information. The
street address for the Docket Operations
office (telephone 800–647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Ana
Martinez Hueto, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; telephone 425–227–1622;
fax 425–227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2017–0697; Directorate Identifier 2017–
NM–041–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 https://
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
Fatigue damage can occur locally, in
small areas or structural design details,
or globally, in widespread areas.
Multiple-site damage is widespread
damage that occurs in a large structural
element such as a single rivet line of a
lap splice joining two large skin panels.
Widespread damage can also occur in
multiple elements such as adjacent
frames or stringers. Multiple-site
damage and multiple-element damage
cracks are typically too small initially to
be reliably detected with normal
inspection methods. Without
intervention, these cracks will grow,
and eventually compromise the
structural integrity of the airplane. This
condition is known as widespread
fatigue damage. It is associated with
general degradation of large areas of
structure with similar structural details
and stress levels. As an airplane ages,
WFD will likely occur, and will
certainly occur if the airplane is
operated long enough without any
intervention.
The FAA’s WFD final rule (75 FR
69746, November 15, 2010) became
effective on January 14, 2011. The WFD
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rule requires certain actions to prevent
structural failure due to WFD
throughout the operational life of
certain existing transport category
airplanes and all of these airplanes that
will be certificated in the future. For
existing and future airplanes subject to
the WFD rule, the rule requires that
DAHs establish a limit of validity (LOV)
of the engineering data that support the
structural maintenance program.
Operators affected by the WFD rule may
not fly an airplane beyond its LOV,
unless an extended LOV is approved.
The WFD rule (75 FR 69746,
November 15, 2010) does not require
identifying and developing maintenance
actions if the DAHs can show that such
actions are not necessary to prevent
WFD before the airplane reaches the
LOV. Many LOVs, however, do depend
on accomplishment of future
maintenance actions. As stated in the
WFD rule, any maintenance actions
necessary to reach the LOV will be
mandated by airworthiness directives
through separate rulemaking actions.
In the context of WFD, this action is
necessary to enable DAHs to propose
LOVs that allow operators the longest
operational lives for their airplanes, and
still ensure that WFD will not occur.
This approach allows for an
implementation strategy that provides
flexibility to DAHs in determining the
timing of service information
development (with FAA approval),
while providing operators with certainty
regarding the LOV applicable to their
airplanes.
ˆ
The Agencia Nacional de Aviacao
¸˜
Civil (ANAC), which is the aviation
authority for Brazil, has issued Brazilian
Airworthiness Directive 2017–03–01,
dated March 24, 2017 (referred to after
this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Embraer S.A. Model ERJ 170
airplanes and Model ERJ 190–100 STD,
–100 LR, –100 IGW, –200 STD, –200 LR,
and –200 IGW airplanes. The MCAI
states:
This [Brazilian] AD was prompted by an
evaluation by the design approval holder
indicating that the forward pressure
bulkhead is subject to widespread fatigue
damage. The modification required by this
AD is intended to support the airplane
reaching its limit of validity (LOV) of the
engineering data that support the established
structural maintenance program. We are
issuing this [Brazilian] AD to prevent fatigue
cracking of the forward pressure bulkhead,
which could result in reduced structural
integrity of the airplane.
Required actions include repetitive
detailed inspections of the web aft face
of the forward pressure bulkhead for
any cracking and discrepancy (i.e.,
corrosion, dents, gauge marks, fastener
anomalies); repair if necessary; and
modification of the forward pressure
bulkhead, which would terminate the
repetitive inspections. 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–2017–
0697.
Related Service Information Under 1
CFR Part 51
We reviewed the following Embraer
S.A. service information, which
describes an airworthiness limitation
task for a detailed inspection of the web
aft face of the forward pressure
bulkhead for any cracking or
discrepancies. These documents are
distinct since they apply to different
airplane models.
• Task 53–10–001–0005 of Embraer
170/175 Maintenance Review Board
32659
Report, MRB–1621, Temporary Revision
12–3, dated September 19, 2016.
• Task 53–10–001–0005 of Embraer
190/195 Maintenance Review Board
Report, MRB–1928, Temporary Revision
10–4, dated September 19, 2016.
We also reviewed the following
Embraer S.A. service information,
which describes procedures for
modifying the forward pressure
bulkhead. These documents are distinct
since they apply to different airplane
models.
• Embraer Service Bulletin 170–53–
0051, Revision 03, dated August 21,
2013.
• Embraer Service Bulletin 190–53–
0019, Revision 03, dated August 21,
2013.
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.
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 these same
type designs.
Costs of Compliance
We estimate that this proposed AD
affects 482 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
ESTIMATED COSTS
Action
Labor cost
Parts cost
Cost per product
Inspection ............................
1 work-hour × $85 per hour = $85 per inspection cycle.
158 work-hours × $85 per hour = $13,430 ....
$0 .....................
$85 per inspection
cycle.
$26,839 ......................
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Modification .........................
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition actions
specified in this proposed AD.
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:
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Up to $13,409 ...
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
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Cost on U.S.
operators
$40,970 per inspection cycle.
$12,936,398.
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
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Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Proposed Rules
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Reason
This AD was prompted by an evaluation by
the design approval holder indicating that
the forward bulkhead is subject to
widespread fatigue damage. We are issuing
this AD to prevent fatigue cracking of the
forward pressure bulkhead, which could
result in reduced structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Repetitive Inspections and Repairs
Before the accumulation of 25,954 total
flight cycles, or within 3,600 flight cycles
after the effective date of this AD, whichever
occurs later: Do a detailed inspection of the
web aft face of the forward pressure bulkhead
for any cracking or discrepancy (i.e.,
corrosion, dents, gauge marks, fastener
anomalies), in accordance with Task 53–10–
001–0005 of Embraer 170/175 Maintenance
Review Board Report, MRB–1621, Temporary
Revision 12–3, dated September 19, 2016; or
Task 53–10–001–0005 of Embraer 190/195
Maintenance Review Board Report, MRB–
1928, Temporary Revision 10–4, dated
September 19, 2016; as applicable. Repeat the
inspection thereafter at intervals not to
exceed 6,489 flight cycles. If any cracking or
discrepancy is found during any inspection
required by this paragraph, before further
flight, repair the forward pressure bulkhead
using a method approved by the Manager,
International Branch, ANM–116, Transport
ˆ
Airplane Directorate, FAA; or the Agencia
Nacional de Aviacao Civil (ANAC); or
¸˜
ANAC’s authorized Designee.
(b) Affected ADs
None.
(h) Modification of the Forward Pressure
Bulkhead
Before the accumulation of 38,931 total
flight cycles: Modify the forward pressure
bulkhead, in accordance with the
Accomplishment Instructions of Embraer
Service Bulletin 170–53–0051, Revision 03,
dated August 21, 2013; or Embraer Service
Bulletin 190–53–0019, Revision 03, dated
August 21, 2013; as applicable.
Accomplishing the modification required by
this paragraph terminates the requirements of
paragraph (g) of this AD.
(c) Applicability
This AD applies to the airplanes specified
in paragraphs (c)(1) and (c)(2) of this AD,
certificated in any category.
(1) Embraer S.A. Model ERJ 170–100 LR,
–100 STD, –100 SE, and –100 SU airplanes;
and Model ERJ 170–200 LR, –200 SU, and
–200 STD airplanes; as identified in Embraer
Service Bulletin 170–53–0051, Revision 03,
dated August 21, 2013.
(2) Embraer S.A. Model ERJ 190–100 STD,
–100 LR, and –100 IGW airplanes; and Model
ERJ 190–200 STD, –200 LR, and –200 IGW
airplanes; as identified in Embraer Service
Bulletin 190–53–0019, Revision 03, dated
August 21, 2013.
(i) Credit for Previous Actions
(1) This paragraph provides credit for the
actions applicable to Model ERJ 170
airplanes required by paragraph (h) of this
AD, if those actions were performed before
the effective date of this AD, using the
service information specified in paragraphs
(i)(1)(i), (i)(1)(ii), or (i)(1)(iii) of this AD.
(i) Embraer Service Bulletin 170–53–0051,
dated February 26, 2010.
(ii) Embraer Service Bulletin 170–53–0051,
Revision 01, dated May 25, 2011.
(iii) Embraer Service Bulletin 170–53–
0051, Revision 02, May 28, 2012.
(2) This paragraph provides credit for
actions applicable to Model ERJ 190
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Embraer S.A.: Docket No. FAA–2017–0697;
Directorate Identifier 2017–NM–041–AD.
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(a) Comments Due Date
We must receive comments by August 31,
2017.
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airplanes required by paragraph (h) of this
AD, if those actions were performed before
the effective date of this AD, using the
service information specified in paragraphs
(i)(2)(i), (i)(2)(ii), or (i)(2)(iii) of this AD.
(i) Embraer Service Bulletin 190–53–0019,
dated February 26, 2010.
(ii) Embraer Service Bulletin 190–53–0019,
Revision 01, dated May 25, 2011.
(iii) Embraer Service Bulletin 190–53–
0019, Revision 02, dated May 28, 2012.
(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, 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 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-116AMOC-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
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
AD 2017–03–01, dated March 24, 2017, 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–2017–0697.
(2) For more information about this AD,
contact Ana Martinez Hueto, Aerospace
Engineer, International Branch, ANM–116,
Transport Airplane Directorate, FAA, 1601
Lind Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1622; fax 425–227–1149.
(3) For service information identified in
this AD, contact Embraer S.A., 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 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.
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Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Proposed Rules
Issued in Renton, Washington, on July 6,
2017.
Dionne Palermo,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–14795 Filed 7–14–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 24 and 111
[USCBP–2017–0025]
RIN 1515–AE25
Procedures To Adjust Customs
COBRA User Fees To Reflect Inflation
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
This document proposes to
amend the U.S. Customs and Border
Protection (CBP) regulations to reflect
that customs user fees and limitations
established by the Consolidated
Omnibus Budget Reconciliation Act
(COBRA) will be adjusted for inflation
in accordance with the Fixing America’s
Surface Transportation Act (FAST Act).
DATES: Comments must be received on
or before August 16, 2017.
ADDRESSES: You may submit comments,
identified by docket number, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
via docket number USCBP–2017–0025.
• Mail: Trade and Commercial
Regulations Branch, Regulations and
Rulings, Office of Trade, U.S. Customs
and Border Protection, 90 K Street NE.,
10th Floor, Washington, DC 20229–
1177.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
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SUMMARY:
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www.regulations.gov. Submitted
comments may also be inspected during
regular business days between the hours
of 9 a.m. and 4:30 p.m. at the Trade and
Commercial Regulations Branch,
Regulations and Rulings, Office of
Trade, U.S. Customs and Border
Protection, 90 K Street NE., 10th Floor,
Washington, DC Arrangements to
inspect submitted comments should be
made in advance by calling Mr. Joseph
Clark at (202) 325–0118.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Caine, Executive Director—
Budget, 202–325–4054, jeffrey.caine@
cbp.dhs.gov; or Bruce Ingalls, Director—
Revenue Division, 317–298–1107,
bruce.ingalls@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
On December 4, 2015, the Fixing
America’s Surface Transportation Act
(FAST Act, Pub. L. 114–94) was signed
into law. Section 32201 of the FAST Act
amends section 13031 of the
Consolidated Omnibus Budget
Reconciliation Act (COBRA) of 1985 (19
U.S.C. 58c) by requiring certain customs
COBRA user fees and corresponding
limitations to be adjusted by the
Secretary of the Treasury (‘‘Secretary’’)
to reflect certain increases in inflation.
The specific fees and corresponding
limitations to be adjusted for inflation
are set forth in Tables 1 and 2 below and
include the commercial vessel arrival
fees, commercial truck arrival fees,
railroad car arrival fees, private vessel
arrival fees, private aircraft arrival fees,
commercial aircraft passenger arrival
fees, dutiable mail fees, customs broker
permit user fees, barges and other bulk
carriers arrival fees, and merchandise
processing fees as well as the
corresponding limitations. (19 U.S.C.
58c(a) and (b)). Further, the FAST Act
includes a particular measure of
inflation for these purposes and special
rules when considering adjustments.
According to the FAST Act, the
customs COBRA user fees and
limitations were to be adjusted on April
1, 2016, and by the end of each fiscal
year to reflect the percent increase (if
any) in the Consumer Price Index (CPI)
for the preceding 12-month period
compared to the CPI for fiscal year 2014.
The statute permits the Secretary to
ignore any CPI increase of less than one
(1) percent from the time of the previous
adjustment. As a result, if the increase
in the CPI since the previous adjustment
is less than one (1) percent, the
Secretary has discretion to determine
whether the fees should be adjusted.
On June 15, 2016, CBP published a
notice in the Customs Bulletin
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32661
announcing the April 2016
determination that no adjustment to the
customs COBRA user fees and
limitations was necessary based on the
FAST Act provision as the increase of
the CPI was less than one (1) percent.
(Customs Bulletin, Vol. 50, No. 24, p.
13). CBP published a second notice in
the Customs Bulletin on December 7,
2016, announcing that based on a less
than one (1) percent increase in
inflation no adjustment was necessary
for fiscal year 2017. (Customs Bulletin
Vol. 50, No. 49, p. 4).
The FAST Act specifies that the
customs COBRA user fees and
corresponding limitations should be
adjusted to reflect the percentage of the
increase (if any) in the average of the
CPI for the preceding 12-month period
compared to the CPI for fiscal year 2014.
CBP has determined that the 12-month
period for comparison will be June
through May. This timeframe will allow
for sufficient notice to the public of any
adjustments prior to any changes
becoming effective for each fiscal year.
The statute further requires the
Secretary to round the amount of any
increase in the CPI to the nearest dollar.
The rounding requirement applies to the
difference in the CPI from the
comparison year to the current year
when determining whether an
adjustment is necessary. The rounding
requirement does not apply to the fee
amount resulting from any adjustment.
As noted above, if the difference in the
CPI since the last adjustment is less than
one (1) percent, the Secretary may elect
not to adjust the fees and limitations.
CBP proposes to use the Consumer Price
Index—All Urban Consumers, U.S. All
items, 1982–84 (CPI–U) which can be
found on the U.S. Department of Labor,
Bureau of Labor Statistics Web site:
www.bls.gov/cpi/. CBP’s Office of
Finance will determine annually
whether an adjustment to the fees and
limitations is necessary and a notice
specifying the amount of the fees and
limitations will be published in the
Federal Register for each fiscal year at
least 30 days prior to the effective date
of the new fees and limitations.
Explanation of Amendments
Part 24
Part 24 of Title 19 of the Code of
Federal Regulations (CFR) sets forth the
regulations regarding customs financial
and accounting procedures. (19 CFR
part 24). Section 24.22 describes the
customs COBRA user fees and
corresponding limitations for certain
services (set forth in Table 1 below),
which include the commercial vessel
arrival fees, commercial truck arrival
E:\FR\FM\17JYP1.SGM
17JYP1
Agencies
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Proposed Rules]
[Pages 32658-32661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14795]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0697; Directorate Identifier 2017-NM-041-AD]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 170 airplanes and Model ERJ 190-100 STD,
-100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. This AD
requires repetitive detailed inspections of the web aft face of the
forward pressure bulkhead for any cracking and discrepancy; and
modification of the forward pressure bulkhead, which would terminate
the repetitive inspections. This AD was prompted by an evaluation by
the design approval holder (DAH) indicating that the forward bulkhead
is subject to widespread fatigue damage (WFD). We are proposing this AD
to address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by August 31, 2017.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Embraer
S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria
Lima, 2170--Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brazil;
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.
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-2017-
0697; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone 800-647-5527) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Ana Martinez Hueto, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone 425-227-1622; fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2017-0697;
Directorate Identifier 2017-NM-041-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 https://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
Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as widespread fatigue damage. It is
associated with general degradation of large areas of structure with
similar structural details and stress levels. As an airplane ages, WFD
will likely occur, and will certainly occur if the airplane is operated
long enough without any intervention.
The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD
[[Page 32659]]
rule requires certain actions to prevent structural failure due to WFD
throughout the operational life of certain existing transport category
airplanes and all of these airplanes that will be certificated in the
future. For existing and future airplanes subject to the WFD rule, the
rule requires that DAHs establish a limit of validity (LOV) of the
engineering data that support the structural maintenance program.
Operators affected by the WFD rule may not fly an airplane beyond its
LOV, unless an extended LOV is approved.
The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2017-03-01, dated March 24, 2017 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Embraer S.A.
Model ERJ 170 airplanes and Model ERJ 190-100 STD, -100 LR, -100 IGW, -
200 STD, -200 LR, and -200 IGW airplanes. The MCAI states:
This [Brazilian] AD was prompted by an evaluation by the design
approval holder indicating that the forward pressure bulkhead is
subject to widespread fatigue damage. The modification required by
this AD is intended to support the airplane reaching its limit of
validity (LOV) of the engineering data that support the established
structural maintenance program. We are issuing this [Brazilian] AD
to prevent fatigue cracking of the forward pressure bulkhead, which
could result in reduced structural integrity of the airplane.
Required actions include repetitive detailed inspections of the web
aft face of the forward pressure bulkhead for any cracking and
discrepancy (i.e., corrosion, dents, gauge marks, fastener anomalies);
repair if necessary; and modification of the forward pressure bulkhead,
which would terminate the repetitive inspections. 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-2017-0697.
Related Service Information Under 1 CFR Part 51
We reviewed the following Embraer S.A. service information, which
describes an airworthiness limitation task for a detailed inspection of
the web aft face of the forward pressure bulkhead for any cracking or
discrepancies. These documents are distinct since they apply to
different airplane models.
Task 53-10-001-0005 of Embraer 170/175 Maintenance Review
Board Report, MRB-1621, Temporary Revision 12-3, dated September 19,
2016.
Task 53-10-001-0005 of Embraer 190/195 Maintenance Review
Board Report, MRB-1928, Temporary Revision 10-4, dated September 19,
2016.
We also reviewed the following Embraer S.A. service information,
which describes procedures for modifying the forward pressure bulkhead.
These documents are distinct since they apply to different airplane
models.
Embraer Service Bulletin 170-53-0051, Revision 03, dated
August 21, 2013.
Embraer Service Bulletin 190-53-0019, Revision 03, dated
August 21, 2013.
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.
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 these
same type designs.
Costs of Compliance
We estimate that this proposed AD affects 482 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspection.................... 1 work-hour x $85 per $0................... $85 per $40,970 per
hour = $85 per inspection inspection
inspection cycle. cycle. cycle.
Modification.................. 158 work-hours x $85 Up to $13,409........ $26,839......... $12,936,398.
per hour = $13,430.
----------------------------------------------------------------------------------------------------------------
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.
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
[[Page 32660]]
under Executive Order 13132. This proposed AD would not have a
substantial direct effect on the States, on the relationship between
the national Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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):
Embraer S.A.: Docket No. FAA-2017-0697; Directorate Identifier 2017-
NM-041-AD.
(a) Comments Due Date
We must receive comments by August 31, 2017.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes specified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
(1) Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE, and -
100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD
airplanes; as identified in Embraer Service Bulletin 170-53-0051,
Revision 03, dated August 21, 2013.
(2) Embraer S.A. Model ERJ 190-100 STD, -100 LR, and -100 IGW
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes; as identified in Embraer Service Bulletin 190-53-0019,
Revision 03, dated August 21, 2013.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by an evaluation by the design approval
holder indicating that the forward bulkhead is subject to widespread
fatigue damage. We are issuing this AD to prevent fatigue cracking
of the forward pressure bulkhead, which could result in reduced
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Repetitive Inspections and Repairs
Before the accumulation of 25,954 total flight cycles, or within
3,600 flight cycles after the effective date of this AD, whichever
occurs later: Do a detailed inspection of the web aft face of the
forward pressure bulkhead for any cracking or discrepancy (i.e.,
corrosion, dents, gauge marks, fastener anomalies), in accordance
with Task 53-10-001-0005 of Embraer 170/175 Maintenance Review Board
Report, MRB-1621, Temporary Revision 12-3, dated September 19, 2016;
or Task 53-10-001-0005 of Embraer 190/195 Maintenance Review Board
Report, MRB-1928, Temporary Revision 10-4, dated September 19, 2016;
as applicable. Repeat the inspection thereafter at intervals not to
exceed 6,489 flight cycles. If any cracking or discrepancy is found
during any inspection required by this paragraph, before further
flight, repair the forward pressure bulkhead 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.
(h) Modification of the Forward Pressure Bulkhead
Before the accumulation of 38,931 total flight cycles: Modify
the forward pressure bulkhead, in accordance with the Accomplishment
Instructions of Embraer Service Bulletin 170-53-0051, Revision 03,
dated August 21, 2013; or Embraer Service Bulletin 190-53-0019,
Revision 03, dated August 21, 2013; as applicable. Accomplishing the
modification required by this paragraph terminates the requirements
of paragraph (g) of this AD.
(i) Credit for Previous Actions
(1) This paragraph provides credit for the actions applicable to
Model ERJ 170 airplanes required by paragraph (h) of this AD, if
those actions were performed before the effective date of this AD,
using the service information specified in paragraphs (i)(1)(i),
(i)(1)(ii), or (i)(1)(iii) of this AD.
(i) Embraer Service Bulletin 170-53-0051, dated February 26,
2010.
(ii) Embraer Service Bulletin 170-53-0051, Revision 01, dated
May 25, 2011.
(iii) Embraer Service Bulletin 170-53-0051, Revision 02, May 28,
2012.
(2) This paragraph provides credit for actions applicable to
Model ERJ 190 airplanes required by paragraph (h) of this AD, if
those actions were performed before the effective date of this AD,
using the service information specified in paragraphs (i)(2)(i),
(i)(2)(ii), or (i)(2)(iii) of this AD.
(i) Embraer Service Bulletin 190-53-0019, dated February 26,
2010.
(ii) Embraer Service Bulletin 190-53-0019, Revision 01, dated
May 25, 2011.
(iii) Embraer Service Bulletin 190-53-0019, Revision 02, dated
May 28, 2012.
(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, 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
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 AD 2017-03-01, dated March 24, 2017, 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-2017-0697.
(2) For more information about this AD, contact Ana Martinez
Hueto, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1622; fax 425-227-1149.
(3) For service information identified in this AD, contact
Embraer S.A., 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 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.
[[Page 32661]]
Issued in Renton, Washington, on July 6, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-14795 Filed 7-14-17; 8:45 am]
BILLING CODE 4910-13-P