[Federal Register Volume 85, Number 153 (Friday, August 7, 2020)]
[Notices]
[Page 47955]
[FR Doc No: 2020-17320]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2596-000]

Exelon Generation Supply, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Exelon Generation Supply, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 24, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact the Federal Energy Regulatory
Commission at<EMAIL_ADDRESS>or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.

    Dated: August 3, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-17320 Filed 8-6-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Rules and Regulations]
[Pages 56756-56760]
[FR Doc No: 2023-17774]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1483; Project Identifier MCAI-2022-00435-T;
Amendment 39-22522; AD 2023-16-03]
RIN 2120-AA64

Airworthiness Directives; Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. This AD was prompted by a report from the supplier of a
manufacturing quality escape in which some sensing elements were
manufactured with insufficient salt fill. This could result in an
inability to detect hot bleed air leaks. This AD requires, depending on
airplane serial number, reviewing the airplane maintenance records for
affected bleed leak detection system sensing elements, testing the
sensing elements, replacing those that fail, and witness marking those
that pass, as specified in a Transport Canada AD, which is incorporated
by reference. This AD also prohibits the installation of affected parts
under certain conditions. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective September 25, 2023.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 25,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1483; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For Transport Canada material incorporated by reference in
this AD, contact Transport Canada, Transport Canada National Aircraft
Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada;
telephone<PHONE_NUMBER>; email [email protected] You may find this material on the
Transport Canada website at tc.canada.ca/en/aviation.
     For Kidde Aerospace & Defense service information
incorporated by reference in this AD, contact Kidde Aerospace &
Defense, 4200 Airport Drive NW, Building B, Wilson, NC 27896;
telephone:<PHONE_NUMBER>; website: kiddetechnologies.com/aviation.com.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. MCAI-2022-00435-T.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus Canada
Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. The
NPRM published in the Federal Register on November 25, 2022 (87 FR
72416). The NPRM was prompted by CF-2022-13, dated March 28, 2022,
issued by Transport Canada, which is the aviation authority for Canada
(Transport Canada AD CF-2022-13). The MCAI states that Airbus Canada
Limited Partnership received disclosure letters from the supplier that
reported a manufacturing quality escape in which some of the overheat
detection sensing elements were manufactured with insufficient salt
fill. These sensing elements are used by the bleed air leak detection
system for temperature detection in the event of a hot bleed air leak.
Insufficient salt fill can result in an inability to detect hot bleed
air leaks, which can cause damage to surrounding structures and systems
that could prevent continued safe flight and landing.
    In the NPRM, the FAA proposed to require, depending on airplane
serial number, reviewing the airplane maintenance records for affected
bleed leak detection system sensing elements, testing the sensing
elements, replacing those that fail, and witness marking those that
pass, as specified in Transport Canada AD CF-2022-13. The NPRM also
proposed to prohibit the installation of affected parts under certain
conditions. The FAA is issuing this AD to address the unsafe condition
on these products.
    Since the NPRM was issued, Transport Canada revised AD CF-2022-13
and issued Transport Canada AD CF-2022-13R1, dated April 18, 2023
(Transport Canada AD CF-2022-13R1) (also referred to as the MCAI).
Transport Canada AD CF-2022-13R1 clarifies the definition of the
affected part. Also, Airbus Canada Limited Partnership issued updated
Service Bulletins BD500-362002 Issue 002, dated July 26, 2023, and
BD500-362003 Issue 002, dated July 26, 2023. These updated service
bulletins removed redundant steps and corrected that only failed
sensing elements and not a failed loop needs to be replaced.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1483.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
    The FAA received additional comments from Delta Air Lines (Delta).
The following presents the comments received on the NPRM and the FAA's
response to each comment.

Request To Delay Final Rule

    Delta requested that the FAA delay the final rule until a revised
Transport Canada AD is issued. Delta stated the current definition of
an ``Affected Part'' in Transport Canada AD CF-2022-13 does not provide
a clear and concise method for compliance for operators to comply with
the proposed AD. Delta stated that it wants to review the new Transport
Canada AD and submit comments on a new NPRM.
    The FAA agrees that the definition for ``Affected Part'' should be
revised for

clarity. As stated previously, Transport Canada has revised Transport
Canada AD CF-2022-13 to update the definition for ``Affected Part.''
The FAA has revised this AD to refer to Transport Canada AD CF-2022-
13R1. However, the FAA disagrees with the request to issue a
supplemental NPRM. The FAA notes that the updated definition does not
result in new requirements and therefore a supplemental NPRM is not
necessary. In addition, the FAA has added paragraph (i) to this AD to
provide credit for actions required by paragraph (g) of this AD, if
those actions were performed before the effective date of this AD using
Transport Canada AD CF-2022-13.

Request To Add Exception To Refer to Affected Parts

    Delta requested that the FAA add an exception to paragraph (h) of
the proposed AD to specify that where paragraphs a. and b. of Part III.
of Transport Canada AD CF-2022-13 specify to ``test the sensing
elements,'' replace that text with ``test affected parts.'' Delta
stated that the safety concern is only applicable to an ``Affected
Part'' as identified in Transport Canada AD CF-2022-13 and not all
sensing elements on an airplane. Delta explained that as currently
written, Transport Canada AD CF-2022-13 requires operators to test all
sensing elements, regardless of if they are an ``affected part'' or
not. Delta stated that specifying ``affected part'' will allow
operators to initially inspect each sensing element, determine if it is
an ``affected part'', and test (apply corrective actions) only those
affected parts; thereby minimizing labor hours.
    The FAA agrees the language in paragraphs a. and b. of Part III of
Transport Canada AD CF-2022-13 should be revised to specify the
``affected part'' as defined in Transport Canada AD CF-2022-13.
Transport Canada has updated paragraphs a. and b. of Part III of
Transport Canada AD CF-2022-13R1 to refer to the affected parts. As
stated previously, this AD now refers to Transport Canada AD CF-2022-
13R1. Paragraphs a. and b. of Part III of Transport Canada AD CF-2022-
13R1 now narrow the scope to testing of only affected parts. Therefore,
an exception to Transport Canada AD CF-2022-13R1 is not needed in this
AD.

Request To Add an Exception for Replacing Parts

    Delta requested that the FAA add an exception to paragraph (h) of
the proposed AD to change the replacement parts. Delta stated that
where Appendix A through Appendix J of Airbus Canada Limited
Partnership Service Bulletin BD500-362002 Issue 001, dated February 18,
2022; and Appendix A through Appendix C of Airbus Canada Limited
Partnership Service Bulletin BD500-362003 Issue 001, dated February 18,
2022, specify ``remove and replace any failed loop,'' replace with
``remove and replace any failed sensing element.'' Delta stated that,
as written, the appendices specifies that if a sensing element fails,
then the entire loop is to be removed and replaced under the Required
for Compliance (RC) procedure. Delta stated Airbus Canada specified
that more than one sensing element can be within a single loop and that
only sensing elements that fail the test need to be replaced. Delta
concluded that the recommended exception will provide more clarity on
what parts need to be removed and replaced to address the safety
concern.
    The FAA agrees that the affected parts are sensing elements and if
a sensing element fails, only that sensing element must be replaced as
specified in paragraphs a. and b. of Part III, Transport Canada AD CF-
2022-13R1. The FAA has added an exception in paragraph (h)(5) of this
AD to state that where the appendixes of Issue 001 of the service
information referenced in ``First SB'' and ``Second SB'' of Transport
Canada AD CF-2022-13R1 specify steps to remove and replace any failed
loop, this AD requires replacing only any failed sensing element. In
addition, Airbus Canada Limited Partnership Service Bulletins BD500-
362002 Issue 002, dated July 26, 2023, and BD500-362003 Issue 002,
dated July 26, 2023, removed the statements ``remove and replace any
failed loop'' and now specify only replacing a failed sensing element.
As defined in ``First SB'' and ``Second SB'' of Transport Canada AD CF-
2022-13R1, later revisions of the service information are allowed for
compliance, which includes Airbus Canada Limited Partnership Service
Bulletins BD500-362002 Issue 002, dated July 26, 2023, and BD500-362003
Issue 002, dated July 26, 2023.

Request To Add Exception To Exclude Redundant Marking

    Delta requested that the FAA add an exception to paragraph (h) of
the proposed AD to exclude redundant steps for adding ``witness
marks.'' Delta listed multiple steps for adding ``witness marks''
within the parts in the procedures of Airbus Canada Limited Partnership
Service Bulletin BD500-362002 Issue 001, dated February 18, 2022; and
Airbus Canada Limited Partnership Service Bulletin BD500-362003 Issue
001, dated February 18, 2022. Delta stated those steps are redundant to
a step for adding ``witness marks'' in the appendixes of Airbus Canada
Limited Partnership Service Bulletin BD500-362002 Issue 001, dated
February 18, 2022; and Airbus Canada Limited Partnership Service
Bulletin BD500-362003 Issue 001, dated February 18, 2022. Delta stated
that following completion of an appendix, the associated part procedure
is done. Delta stated both steps cannot be deviated from because both
are within the RC procedure section of the service information. Delta
stated that Airbus Canada confirmed that the marking of sensing
elements only needs to be done once.
    The FAA agrees that the steps for adding ``witness marks'' within
the procedures parts in the Accomplishment Instructions are redundant
with the steps in the appendices of Airbus Canada Limited Partnership
Service Bulletin BD500-362002 Issue 001, dated February 18, 2022; and
Airbus Canada Limited Partnership Service Bulletin BD500-362003 Issue
001, dated February 18, 2022. The FAA agrees that redundant steps are
not required to be performed. Airbus Canada Limited Partnership Service
Bulletins BD500-362002 Issue 002, dated July 26, 2023, and BD500-362003
Issue 002, dated July 26, 2023, removed the redundant marking steps
from the appendices. The FAA has added an exception to paragraph (h)(6)
of this AD to clarify that adding ``witness marks'' is only done once
when using Issue 001 of the service information referenced in ``First
SB'' and ``Second SB'' of Transport Canada AD CF-2022-13R1. Paragraph
(h)(6) of this AD also clarifies that replacing an affected part if a
test is unsatisfactory is only done once, which addresses the following
comment about additional redundant steps.

Request To Add Exception To Exclude Redundant Replacements

    Delta requested that the FAA add an exception to paragraph (h) of
the proposed AD to exclude redundant replacement steps. Delta listed
multiple steps to remove the sensing element if the test is
unsatisfactory and install a new sensing element within the procedures
of the parts of Airbus Canada Limited Partnership Service Bulletin
BD500-362002 Issue 001, dated February 18, 2022; and Airbus Canada
Limited Partnership Service Bulletin BD500-362003 Issue 001, dated
February 18, 2022. Delta stated those steps are redundant to steps to
``replace a failed sensing element'' as well as steps to ``replace a
failed loop'' (which

Delta noted it has asked to be revised to ``replace any failed sensing
element'' in its previous comment) in the appendixes of Airbus Canada
Limited Partnership Service Bulletin BD500-362002 Issue 001, dated
February 18, 2022; and Airbus Canada Limited Partnership Service
Bulletin BD500-362003 Issue 001, dated February 18, 2022. Delta stated
that following completion of an appendix, the associated part procedure
is done. Delta stated both steps cannot be deviated from because both
are within the RC procedure section of the service information. Delta
stated that Airbus Canada confirmed that the replacement of failed
sensing elements only needs to be done once.
    The FAA agrees that the steps to remove the sensing element if the
test is unsatisfactory and install a new sensing element that are
within the procedures of the parts of the Accomplishment Instructions
are redundant with the steps in the appendices of Airbus Canada Limited
Partnership Service Bulletin BD500-362002 Issue 001, dated February 18,
2022; and Airbus Canada Limited Partnership Service Bulletin BD500-
362003 Issue 001, dated February 18, 2022. The FAA agrees that
redundant steps are not required to be performed. Airbus Canada Limited
Partnership Service Bulletins BD500-362002 Issue 002, dated July 26,
2023, and BD500-362003 Issue 002, dated July 26, 2023, removed the
redundant replacement steps from the appendices. As stated previously,
the FAA has added an exception to paragraph (h)(6) of this AD to
clarify that replacing affected parts is only done once when using
Issue 001 of the service information referenced in ``First SB'' and
``Second SB'' of Transport Canada AD CF-2022-13R1.

Change to Paragraph (h)(4) of the Proposed AD

    The exception in paragraph (h)(4) of the proposed AD to the parts
installation prohibition specified in Transport Canada AD CF-2022-13
referred to ``ACLP SB BD500-362002 Issue 001, dated February 18, 2022''
and ``ACLP SB BD500-362003 Issue 001, dated February 18, 2022'' for the
prohibited sensing elements. The FAA has revised paragraph (h)(4) of
this AD to specify prohibited sensing elements are identified in either
Issue 001 or Issue 002 of the service information, i.e., ``ACLP SB
BD500-362002 Issue 001, dated February 18, 2022, or Issue 002, dated
July 26, 2023'' and ``ACLP SB BD500-362003 Issue 001, dated February
18, 2022, or Issue 002, dated July 26, 2023.''

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2022-13R1 specifies procedures for,
depending on airplane serial number, reviewing the airplane maintenance
records for affected bleed leak detection system sensing elements,
testing the sensing elements, replacing those that fail, and witness
marking those that pass. Transport Canada AD CF-2022-13R1 also
prohibits the installation of any affected parts unless it is a
serviceable part.
    Kidde Aerospace & Defense Service Bulletin CFD-26-1, Revision 6,
dated February 28, 2022, specifies affected continuous fire detector
(CFD) part numbers and testing procedures.
    This material 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

    The FAA estimates that this AD affects 69 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
           Labor cost               Parts cost          Cost per product             Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 125 work-hours x $85 per                $0  Up to $10,625..............  Up to $552,500.
 hour = $10,625 (for Group A, 52
 airplanes).
Up to 1 work-hour x $85 per hour              $0  Up to $85..................  Up to $1,445.
 = $85 (for Group B, 17
 airplanes).
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 58 work-hours x $85 per hour =      Up to $101,045...................  Up to $105,975.
 $4,930 (for Group A airplanes).
Up to 183 work-hours x $85 per hour =     Up to $101,045...................  Up to $116,600.
 $15,555 (for Group B airplanes).
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.

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.
    The FAA is 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

    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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

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:

2023-16-03 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22522; Docket No. FAA-2022-1483;
Project Identifier MCAI-2022-00435-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 25,
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership Model BD-
500-1A10 and BD-500-1A11 airplanes, certificated in any category, as
identified in Transport Canada AD CF-2022-13R1, dated April 18, 2023
(Transport Canada AD CF-2022-13R1).

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a report from the supplier of overheat
detection sensing elements that there was a manufacturing quality
escape in which some sensing elements were manufactured with
insufficient salt fill. The FAA is issuing this AD to address
insufficient salt fill of the overheat detection sensing elements.
The unsafe condition, if not addressed, could result in an inability
to detect hot bleed air leaks, which can cause damage to surrounding
structures and systems that could prevent continued safe flight and
landing.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with Transport Canada AD CF-2022-13R1.

(h) Exception to Transport Canada AD CF-2022-13R1

    (1) Where Transport Canada AD CF-2022-13R1 refers to April 11,
2022 (the effective date of Transport Canada AD CF-2022-13, dated
March 28, 2022), or to its effective date, this AD requires using
the effective date of this AD.
    (2) Where Transport Canada AD CF-2022-13R1 refers to hours air
time, this AD requires using flight hours.
    (3) Where Transport Canada AD CF-2022-13R1 defines ``Affected
part'' and refers to part numbers in a certain service bulletin, for
this AD, operators must use Kidde Aerospace & Defense Service
Bulletin CFD-26-1, Revision 6, dated February 28, 2022, to determine
the part number.
    (4) Where ``Part I'' of Transport Canada AD CF-2022-13R1
specifies the parts installation prohibition for certain airplanes,
replace the text ``associated with Part A through Part J of the
first SB or Part A through Part C of the second SB'' with
``associated with Part A through Part J of ACLP SB BD500-362002
Issue 001, dated February 18, 2022, or Issue 002, dated July 26,
2023; or Part A through Part C of ACLP SB BD500-362003 Issue 001,
dated February 18, 2022, or Issue 002, dated July 26, 2023.''
    (5) Where the appendixes of Issue 001 of the service information
referenced in ``First SB'' and ``Second SB'' of Transport Canada AD
CF-2022-13R1 specify steps to ``remove and replace any failed
loop,'' this AD requires replacing only any failed sensing element
as specified in Transport Canada AD CF-2022-13R1.
    (6) Where the appendixes and the procedure sections of Issue 001
of the service information referenced in ``First SB'' and ``Second
SB'' of Transport Canada AD CF-2022-13R1 specify redundant steps to
remove and replace any failed loops or any failed sensing elements
and steps to add ``witness marks (dots),'' this AD requires those
steps be performed only once. Also, as stated in paragraph (h)(5) of
this AD only the failed sensing element must be replaced and not a
failed loop.

(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 Transport Canada AD CF-2022-13, dated March
28, 2022.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, International Validation Branch,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or Transport Canada; or Airbus Canada
Limited Partnership's Transport Canada Design Approval Organization
(DAO). If approved by the DAO, the approval must include the DAO-
authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified 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 procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(k) Additional Information

    For more information about this AD, contact Thomas Niczky,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite

410, Westbury, NY 11590; telephone:<PHONE_NUMBER>; email: [email protected].

(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) Transport Canada AD CF-2022-13R1, dated April 18, 2023.
    (ii) Kidde Aerospace & Defense Service Bulletin CFD-26-1,
Revision 6, dated February 28, 2022.
    (3) For Transport Canada AD CF-2022-13R1, contact Transport
Canada, Transport Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]. You may find this Transport
Canada AD on the Transport Canada website at tc.canada.ca/en/
aviation.
    (4) For Kidde Aerospace & Defense service information, contact
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B,
Wilson, NC 27896; telephone:<PHONE_NUMBER>; website:
kiddetechnologies.com/aviation.com.
    (5) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 3, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-17774 Filed 8-18-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 84 (Tuesday, May 1, 2012)]
[Proposed Rules]
[Page 25660]
[FR Doc No: 2012-10589]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R9-OAR-2011-0130; FRL 9667-7]

State of Nevada; Regional Haze State and Federal Implementation
Plans; BART Determination for Reid Gardner Generating Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Announcement of second public hearing and extension of public
comment period.

-----------------------------------------------------------------------

SUMMARY: In addition to the public hearing previously scheduled for
this action, EPA is holding a second public hearing at a different
location earlier in the day on May 3, 2012. The public hearings are for
the proposed rule, ``Approval and Promulgation of Air Quality
Implementation Plans; State of Nevada; Regional Haze State and Federal
Implementation Plans; BART Determination for Reid Gardner Generating
Station.'' EPA also is extending the closing date of the public comment
period for the proposed rule to June 4, 2012 to allow for 30 days of
public comment following the public hearings.

DATES: The second public hearing is on May 3, 2012. Any comments on
this proposal are due by June 4, 2012.

ADDRESSES: Public hearings: EPA will hold a second public hearing at
the Big Auditorium in the Moapa Band of Paiutes Administration Building
on 1 Lincoln Street (cross street is Reservation Road) in Moapa,
Nevada.
    In a previous Federal Register notice published on April 18, 2012
(77 FR 23191), EPA announced a public hearing in Ron Dalley Theater at
the Moapa Valley Empowerment High School on 2400 St. Joseph Street in
Overton, Nevada, with an open house at the same location. This hearing
will proceed as scheduled. Additional information about both hearings
is provided in SUPPLEMENTARY INFORMATION.
    Public comments: Submit your comments, identified by Docket ID No.
EPA-R09-OAR-2011-0130 by one of the following methods:
    1. Federal Rulemaking portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER> (Attention: Thomas Webb).
    4. Mail: Thomas Webb, EPA Region 9, Planning Office, Air Division,
75 Hawthorne Street, San Francisco, California 94105.
    5. Hand Delivery or Courier: Such deliveries are only accepted
Monday through Friday, 8:30 a.m.-4:30 p.m., excluding federal holidays.
Special arrangements should be made for deliveries of boxed
information.
    For detailed instructions concerning how to submit comments on this
proposed rule, see the previous Federal Register notice of proposed
rulemaking published on April 12, 2012 (77 FR 21896, 21897). The EPA
Region 9 web site for the rulemaking, which includes the proposal and
information about the public hearings, is at http://www.epa.gov/region9/air/actions/nv.html#reid.

FOR FURTHER INFORMATION CONTACT: If you have questions about the public
hearings, please contact Thomas Webb, EPA Region IX at<PHONE_NUMBER> or
<EMAIL_ADDRESS>If you require a reasonable accommodation, please
contact Terisa Williams, EPA Region IX Reasonable Accommodations
Coordinator at<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Public hearings: The public hearings are to
provide the public with an opportunity to present oral comments
regarding proposed Regional Haze State and Federal Implementation Plans
for the determination of Best Available Retrofit Technology at the Reid
Gardner Generating Station in the State of Nevada. The proposed rule
requires the Reid Gardner Generating Station to meet an emissions limit
for oxides of nitrogen at Units 1, 2 and 3 of 0.20 lbs/MMBtu on a 30-
day rolling average.
    Details about the two hearings are as follows:
    1. In a previous Federal Register notice published on April 18,
2012, EPA announced a public hearing in Ron Dalley Theater at the Moapa
Valley Empowerment High School on 2400 St. Joseph Street in Overton,
Nevada from 6:30 p.m. to 8:30 p.m. on May 3, 2012, with an open house
at the same location from 5 to 6 p.m. This hearing will proceed as
scheduled. We are holding two public hearings on the same day at
different times and locations for the convenience of the public.
    2. EPA will hold a second public hearing at the Big Auditorium in
the Moapa Band of Paiutes Administration Building on 1 Lincoln Street
(cross street is Reservation Road) in Moapa, Nevada. The formal hearing
will begin at 1 p.m. and end at 4 p.m. An informational open house at
the same location will precede the public hearing from 11:30 a.m. to
12:30 p.m. We will not record public comments at the open house.
    The proposed rule (77 FR 21896, Apr. 12, 2012) for which EPA will
hold the public hearings is available at http://www.epa.gov/region9/air/actions/nv.html#reid and also in the docket identified below. The
public hearings will provide interested parties the opportunity to
present data, views, or arguments concerning the proposal. EPA may ask
clarifying questions during the oral presentations, but will not
respond to the presentations at that time. We will consider written
statements and supporting information submitted during the comment
period with the same weight as any oral comments and supporting
information presented at the public hearings. At the public hearings,
the hearing officer may limit the time available for each commenter to
address the proposal to five minutes or less if the hearing officer
determines it is appropriate. We will not provide equipment for
commenters to show overhead slides or make computerized slide
presentations. Any person may provide written or oral comments and data
pertaining to our proposal at the public hearings. We will include
verbatim transcripts, in English, of the hearing and written statements
in the rulemaking docket.
    Extension of comment period: EPA is extending the public comment
period for the proposed rule to align with the dates of the public
hearings. The comment period will now end on June 4, 2012, 30 days
after the public hearings.
    EPA has established a docket for the proposed rule under Docket ID
No. EPA-R09-OAR-2011-0130 (available at http://www.regulations.gov).

    Dated: April 25, 2012.
Deborah Jordan,
Air Division Director, Region IX.
[FR Doc. 2012-10589 Filed 4-30-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 23, 2009 (Volume 74, Number 140)]
[Rules and Regulations]
[Page 36398-36400]
[DOCID:fr23jy09-3]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1262]
RIN 1625-AA00

Safety Zone; AVI September Fireworks Display, Colorado River,
Laughlin, NV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the Lower Colorado River, Laughlin, NV, in support of a
fireworks display near the AVI Resort

and Casino. This safety zone is necessary to provide for the safety of
the participants, crew, spectators, participating vessels, and other
vessels and users of the waterway. Persons and vessels are prohibited
from entering into, transiting through, or anchoring within this safety
zone unless authorized by the Captain of the Port or his designated
representative.

DATES: This rule is effective from 1 p.m. to 11 p.m. on September 6,
2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-1262 and are available online by going to
http://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-USCG-2008-1262 in the
Docket ID box, pressing Enter, and then clicking on the item in the
Docket ID column. This material is also available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Shane Jackson, Waterways
Management, U.S. Coast Guard Sector San Diego; telephone<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 10, 2009 we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone: AVI September Fireworks Display; Laughlin,
NV in the Federal Register (74 FR 27481). We received no comments on
the proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone upon the
navigable waters of the Lower Colorado River, Laughlin, NV in support
of a fireworks show. The fireworks are being sponsored by the AVI
Resort and Casino. The safety zone is set at a 1000 foot radius around
the firing barge, which will be anchored in the navigational channel.
This temporary safety zone is necessary to provide for the safety of
the show's crew, spectators, participants of the event, participating
vessels, and other vessels and users of the waterway.

Discussion of Comments and Changes

    There are no changes from the preceding NPRM since no comments were
submitted to the docket.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The effect of this regulation will not be
significant because the safety zone will encompass only a small portion
of the waterway and will be enforced for a very short period. The
entities most likely to be affected are pleasure craft engaged in
recreational activities and sightseeing. For these reasons, the Coast
Guard expects the economic impact of this rule to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in the region of the Lower Colorado River from 8 p.m. to 9:45
p.m. on September 6, 2009.
    This safety zone will not have a significant economic impact on a
substantial number of small entities because the safety zone will
encompass only a small portion of the waterway and will be enforced for
a very short period. Before the effective period, the Coast Guard will
publish a local notice to mariners (LNM).

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and

Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction because the rule involves the establishment
of a safety zone. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add temporary safety zone Sec.  165.T11-166 to read as follows:

Sec.  165.T11-166  Safety Zone; AVI September Fireworks Display,
Colorado River, Laughlin, NV.

    (a) Location. The following area is a safety zone: All navigable
waters of the Lower Colorado River, from surface to bottom, within 1000
feet of the fireworks firing location, adjacent to the AVI Resort and
Casino, and centered in the channel between Laughlin Bridge and the
northwest point of AVI Resort and Casino Cove, at approximate position
35[deg]00'45'' N, 114[deg]38'16'' W.
    (b) Enforcement Period. This section will be enforced from 8 p.m.
to 9:45 p.m. on September 6, 2009. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
Designated representative, means any commissioned, warrant, or petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, or local, State, or Federal law enforcement vessels who have
been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other Federal, State, or
local agencies.

    Dated: July 6, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-17556 Filed 7-22-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Rules and Regulations]
[Pages 48921-48924]
[FR Doc No: 2017-22779]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0697; Product Identifier 2017-NM-041-AD; Amendment
39-19080; AD 2017-21-09]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting 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 was
prompted by an evaluation by the design approval holder indicating that
the forward pressure bulkhead is subject to widespread fatigue damage.
This AD requires repetitive detailed inspections of the web aft face of
the forward pressure bulkhead for any cracking and discrepancy, and
repair if necessary. This AD also requires modification of the forward
pressure bulkhead, which would terminate the inspections. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 27, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 27,
2017.

ADDRESSES: For service information identified in this final rule,
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 [email protected]; Internet http://www.flyembraer.com. You may view this referenced service information at
the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0697.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-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 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: Ana Martinez Hueto, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 1601
Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>; fax
425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain 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 NPRM published in the Federal
Register on July 17, 2017 (82 FR 32658) (``the NPRM'').
    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, effective 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 [Brazilian] 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 http://www.regulations.gov by
searching for and locating Docket No. FAA-2017-0697.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM 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
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued the following service information, which
describes Task 53-10-001-0005, an airworthiness limitation task for a
detailed inspection of the web aft face of the forward pressure
bulkhead for any cracking and discrepancies. These documents are
distinct since they apply to different airplane models.
     Embraer 170/175 MRB--Temporary Revision 12-3, dated
September 19, 2016, to the Embraer 170/175 Maintenance Review Board
Report, MRB-1621.
     Embraer 190/195 MRB--Temporary Revision 10-4, dated
September 19, 2016, to the Embraer 190/195 Maintenance Review Board
Report, MRB-1928.
    Embraer S.A. has issued the following 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.

Costs of Compliance

    We estimate that this AD affects 482 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                        Labor cost              Parts cost         Cost per product                Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection........................  1 work-hour x $85 per      $0..................  $85 per inspection    $40,970 per inspection cycle.
                                     hour = $85 per                                   cycle.
                                     inspection cycle.
Modification......................  158 work-hours x $85 per   Up to $13,409.......  Up to $26,839.......  Up to $12,936,398.
                                     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 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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C.

In accordance with that order, issuance of ADs is normally a function
of the Compliance and Airworthiness Division, but during this
transition period, the Executive Director has delegated the authority
to issue ADs applicable to transport category airplanes to the Director
of the System Oversight Division.

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):

2017-21-09 Embraer S.A.: Amendment 39-19080; Docket No. FAA-2017-
0697; Product Identifier 2017-NM-041-AD.

(a) Effective Date

    This AD is effective November 27, 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 pressure 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 and discrepancy (i.e.,
corrosion, dents, gauge marks, fastener anomalies), in accordance
with Task 53-10-001-0005 specified in Embraer 170/175 MRB--Temporary
Revision 12-3, dated September 19, 2016, to the Embraer 170/175
Maintenance Review Board Report, MRB-1621; or Task 53-10-001-0005
specified in Embraer 190/195 MRB--Temporary Revision 10-4, dated
September 19, 2016, to the Embraer 190/195 Maintenance Review Board
Report, MRB-1928; 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
Section, Transport Standards Branch, 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.

(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 paragraph (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 paragraph (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 Section, Transport Standards Branch, 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 Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to: [email protected]. 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
Section, Transport Standards Branch, FAA; or the 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 http://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 Section, Transport
Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (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.

(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 170/175 MRB--Temporary Revision 12-3, dated
September 19, 2016, to the Embraer 170/175 Maintenance Review Board
Report, MRB-1621.
    (ii) Embraer 190/195 MRB--Temporary Revision 10-4, dated
September 19, 2016, to the Embraer 190/195 Maintenance Review Board
Report, MRB-1928.
    (iii) Embraer Service Bulletin 170-53-0051, Revision 03, dated
August 21, 2013.
    (iv) Embraer Service Bulletin 190-53-0019, Revision 03, dated
August 21, 2013.
    (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 [email protected]; Internet http://www.flyembraer.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (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<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 12, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2017-22779 Filed 10-20-17; 8:45 am]
 BILLING CODE 4910-13-P