RECORD OF CONFERENCE CALL
DATE:  May 27, 2011
EPA PARTICIPANTS: OAQPS/SLPG and OTAQ
OUTSIDE EPA PARTICIPANTS:  None
SUBJECT: Discussion of meeting with OMB to prepare for presentation of Regulatory Support Document final results and discussion on Proposed Rule for Determining Widespread Use of ORVR and Stage II Vapor Recovery Waiver.
DISCUSSION:
Conference call held to discuss final edits to preamble and to prepare for presentation to OMB on the final analysis of the financial benefits for facilities that are electing to decommission their system once States eliminate the Stage II requirements.
Final draft copies of proposed rule and regulatory support document transmitted via email.


[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Notices]
[Page 73034]
[FR Doc No: 2012-29538]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Neurological Devices Panel of the Medical Devices Advisory
Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Neurological Devices Panel of the Medical
Devices Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on February 22, 2013, from
8 a.m. to 6 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building
31 Conference Center, the Great Room (rm. 1503), Silver Spring, MD
20993-0002. Information regarding special accommodations due to a
disability, visitor parking, and transportation may be accessed at:
http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading
``Resources for You,'' click on ``Public Meetings at the FDA White Oak
Campus.'' Please note that visitors to the White Oak Campus must enter
through Building 1.
    Contact Person: Natasha Facey, Center for Devices and Radiological
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
66, rm. 1544, Silver Spring, MD 20993-0002<EMAIL_ADDRESS>
301-796-5290, or FDA Advisory Committee Information Line, 1-800-741-
8138<PHONE_NUMBER> in the Washington, DC area). A notice in the Federal
Register about last minute modifications that impact a previously
announced advisory committee meeting cannot always be published quickly
enough to provide timely notice. Therefore, you should always check the
Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm
and scroll down to the appropriate advisory committee meeting link, or
call the advisory committee information line to learn about possible
modifications before coming to the meeting.
    Agenda: On February 22, 2013, the committee will discuss, make
recommendations and vote on information regarding the premarket
approval application (PMA) for the NeuroPace Responsive
Neurostimulation (RNS) System sponsored by NeuroPace, Inc.
    The RNS System is indicated for use as an adjunctive therapy in
reducing the frequency of seizures in individuals 18 years of age or
older with partial onset seizures from no more than two foci that are
refractory to two or more antiepileptic medications.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
February 13, 2013. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before February 4, 2013. Time allotted
for each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by February 6, 2013.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact AnnMarie Williams at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, at least 7 days in
advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: December 3, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2012-29538 Filed 12-6-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Rules and Regulations]
[Pages 58258-58260]
[FR Doc No: 2020-18404]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. FAA-2007-29320]

Operating Limitations at John F. Kennedy International Airport

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

ACTION: Extension to order.

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SUMMARY: This action extends the Order Limiting Operations at John F.
Kennedy International Airport (JFK) published on January 18, 2008, and
most recently extended on September 17, 2018. The Order remains
effective until October 29, 2022.

DATES: This action is effective on September 18, 2020.

ADDRESSES: Requests may be submitted by mail to Slot Administration
Office, System Operations Services, AJR-0, Room 300W, 800 Independence
Avenue SW, Washington, DC 20591, or by email to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: For questions concerning this Order
contact: Bonnie Dragotto, Regulations Division, FAA Office of the Chief
Counsel, AGC-250, Room 916K, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Documents

    You may obtain an electronic copy using the internet by:
    (1) Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    (2) Visiting the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's web page at http://www.gpoaccess.gov/fr/index.html.
    You also may obtain a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identify the amendment number or docket number of this
rulemaking.

Background

    The FAA historically limited the number of arrivals and departures
at JFK through the implementation of the High Density Rule (HDR).\1\ By
statute enacted in April 2000, operations were added at JFK through
provisions permitting exemptions for new entrant carriers and flights
to small and non-hub airports.\2\ The HDR's applicability to JFK
operations terminated as of January 1, 2007.\3\ With the AIR-21
exemptions and the HDR phase-out, some air carriers serving JFK
significantly increased their scheduled operations throughout the day
and retimed existing flights. This resulted in scheduled demand in peak
hours that exceeded the airport's capacity and caused significant
congestion and delay. In January 2008, the FAA placed temporary limits
on scheduled operations at JFK to mitigate persistent congestion and
delays at the airport.\4\ The FAA extended the January 18, 2008, Order
placing temporary limits on scheduled operations at JFK on October 7,
2009, April 4, 2011, May 14, 2013, March 26, 2014, May 24, 2016, as
corrected June 21, 2016, and on September 17, 2018.\5\
---------------------------------------------------------------------------

    \1\ 33 FR 17896 (Dec. 3, 1968). The FAA codified the rules for
operating at high density traffic airports in 14 CFR part 93,
subpart K. The HDR required carriers to hold a reservation, which
came to be known as a ``slot,'' for each takeoff or landing under
instrument flight rules at the high density traffic airports.
    \2\ Aviation Investment and Reform Act for the 21st Century
(AIR-21), Public Law 106-181 (Apr. 5, 2000), 49 U.S.C. 41715(a)(2).
    \3\ Id.
    \4\ 73 FR 3510 (Jan. 18, 2008), as amended by 73 FR 8737 (Feb.
14, 2008).
    \5\ 74 FR 51650; 76 FR 18620; 78 FR 28276; 79 FR 16854; 81 FR
32636; 81 FR 40167; 83 FR 46865.
---------------------------------------------------------------------------

    Under the Order, as amended, the FAA (1) maintains the current
hourly limits of 81 scheduled operations at JFK during the peak period;
(2) imposes an 80 percent minimum usage requirement for Operating
Authorizations (OAs) \6\ with defined exceptions; (3) provides a
mechanism for withdrawal of OAs for FAA operational reasons; (4)
establishes procedures to allocate withdrawn, surrendered, or
unallocated OAs; and (5) allows for trades and leases of OAs for
consideration for the duration of the Order.
---------------------------------------------------------------------------

    \6\ Also referred to herein as ``slots.''
---------------------------------------------------------------------------

    The reasons for issuing the Order have not changed appreciably
since it was implemented. Based upon experience from the 2018-2020
period, demand for access to JFK remains high and multiple new entrant
and other incumbent airlines have been waitlisted for new peak period
operations and retiming existing flights to higher demand hours. Many
of these airlines were on a waitlist for several scheduling seasons.
The average hourly flights and allocated slots in the busiest hours
were generally at the limits under this Order.
    The FAA has reviewed the on-time and other performance metrics for
the past two years in the peak months--May to August 2018 and 2019--and
generally found continuing improvements relative to the same peak
period in 2008. Year over year trends show a modest decrease in
performance overall largely due to the closure of Runway 13L/31R for
construction in 2019.\7\ The FAA has determined that the operational
limitations imposed by this Order remain necessary. Notwithstanding the
disruption caused by the COVID-19 public health emergency, the duration
of which is uncertain, without the operational limitations imposed by
this Order, the FAA expects severe congestion-related delays would
occur at JFK and at other airports throughout the National Airspace
System (NAS) as flights are added or retimed into peak periods at JFK.
The FAA will continue to monitor demand, performance, and runway
capacity at JFK, including the effects of the COVID-19 public health
emergency, to determine if changes are warranted during the effective
period of this Order.\8\ The FAA, in coordination with the Office of
the Secretary of Transportation (OST), will also continue to consider
potential rulemaking to codify policies for slot-controlled airports.
---------------------------------------------------------------------------

    \7\ Docket No. FAA-2007-29320 includes a copy of the MITRE
analysis completed for the FAA.
    \8\ The limited waiver of the minimum slot usage requirement for
JFK and LGA airports published on March 16, 2020, 85 FR 15018, and
extended on April 17, 2020, 85 FR 21500, remains in effect through
October 24, 2020.
---------------------------------------------------------------------------

Pending Issues

    In the FAA's 2018 actions extending the JFK and LGA Orders, the FAA
noted that it has received specific proposals for policy changes that
would necessitate amending the Orders.\9\

Consideration of these issues is ongoing. In addition, the FAA is
reviewing recent substantive amendments to the International Air
Transport Association Worldwide Slot Guidelines (IATA WSG, now known as
the Worldwide Airport Slot Guidelines or ``WASG'') and considering
whether to implement certain changes in the United States.\10\ In the
meantime, the FAA continues to apply version 9 of the IATA WSG (Jan. 1,
2019) to inform its slot administration decisions at JFK.\11\
---------------------------------------------------------------------------

    \9\ See discussion of ``Current Issues'' in 2018 JFK Order, 83
FR at 46865, and 2018 LGA Order, 83 FR at 47065.
    \10\ https://www.iata.org/en/policy/slots/slot-guidelines/.
    \11\ https://www.iata.org/contentassets/4ede2aabfcc14a55919e468054d714fe/wsg-edition-9-english-version.pdf.
---------------------------------------------------------------------------

    Accordingly, the FAA is extending the expiration date of this Order
until October 29, 2022. This expiration date coincides with the
extended expiration date for the Order limiting operations at LGA, as
also extended by action published elsewhere in this issue of the
Federal Register. This JFK action incorporates ministerial changes to
the terms of the Order concerning internal FAA processes, amending a
provision concerning the final decision-maker in paragraph 1.c., and
makes other minor edits to improve readability.
    The FAA finds that notice and comment procedures under 5 U.S.C.
553(b) are impracticable, unnecessary, and contrary to the public
interest, as carriers have begun planning schedules for the winter
2020/2021 season and no significant substantive changes are included in
this action. For these reasons, the FAA also finds that it is
impracticable and contrary to the public interest to delay the
effective date of this action under 5 U.S.C. 553(d).
    This Order is the equivalent of limited local rules as referenced
in the IATA WSG and takes precedence over the WSG where there are
differences.\12\ At JFK, the FAA follows the WSG in many respects such
as new entrant priority \13\ and consideration of schedule constraints
such as terminal, gate, parking, customs and immigration, curfews, and
similar operational factors.
---------------------------------------------------------------------------

    \12\ As previously indicated, the FAA is reviewing recent
substantive amendments to the WSG adopted in version 10 (Aug. 1,
2019) and considering whether to implement certain changes in the
United States.
    \13\ Under current policy and procedures, the FAA applies the
definitions for ``new entrant'' as set forth in the WSG version 9
(Jan. 1, 2019), which is ``an airline requesting a series of slots
at an airport on any day where, if the airline's request were
accepted, it would hold fewer than 5 slots at that airport on that
day.
---------------------------------------------------------------------------

    Under current rules, the FAA uses an approach adapted from the WSG
for reallocating available OAs at JFK.\14\ This includes applying
priorities for new entrant airlines, the retiming of historic slots,
and allocation of remaining available capacity. The FAA also considers
factors such as delays or operational performance in certain hours or
periods when the allocation is above the limits in adjacent hours. In
general, the FAA reviews retiming requests to move from less congested
hours to more congested hours in a similar manner to a new request. New
entrants may receive a higher priority in the case of competing
requests. The FAA also maintains a waiting list of carrier requests
that could not be accommodated in prior scheduling seasons, if
requested by the initial submission deadline, and prioritizes such
requests over requests for new slots submitted after the initial
submission deadline. Carriers that obtain temporary slot swaps to meet
their operational needs do not lose priority on the waiting list for
permanent slot allocations. The priorities considered by the FAA under
established policy and practice when allocating OAs on a permanent or
temporary basis are set forth in paragraph 11 of the Amended Order.
---------------------------------------------------------------------------

    \14\ In making allocation decisions, the FAA may not under its
independent authority consider the markets to be served, the
aircraft to be used, potential competition benefits associated with
a carrier or service in particular markets, or the potential
economic benefits of a particular flight.
---------------------------------------------------------------------------

The Amended Order

    The Order, as amended, is recited below in its entirety.
    1. This Order continues the process for assigning operating
authority to conduct an arrival or a departure at JFK during the
affected hours to any certificated U.S. air carrier or foreign air
carrier. The FAA will not assign operating authority under this Order
to any person or entity other than a certificated U.S. or foreign air
carrier with appropriate economic authority and with operating
authority from FAA under 14 CFR part 121, 129, or 135. This Order
applies to the following:
    a. All U.S. air carriers and foreign air carriers conducting
scheduled operations at JFK as of the date of this Order, any U.S. air
carrier or foreign air carrier that operates under the same designator
code as such a carrier, and any air carrier or foreign-flag carrier
that has or enters into a codeshare agreement with such a carrier.
    b. All U.S. air carriers or foreign air carriers initiating
scheduled or regularly conducted commercial service to JFK while this
Order is in effect.
    c. The Vice President, System Operations Services, in coordination
with the Chief Counsel of the FAA, is the final decision maker for
determinations under this Order.
    2. This Order governs scheduled arrivals and departures at JFK from
6 a.m. through 10:59 p.m., Eastern Time, Sunday through Saturday.
    3. This Order took effect on March 30, 2008, and will expire
October 29, 2022.
    4. Under the authority provided to the Secretary of Transportation
and the FAA Administrator by 49 U.S.C. 40101, 40103, and 40113, we
hereby order that:
    a. No U.S. air carrier or foreign air carrier initiating or
conducting scheduled or regularly conducted commercial service at JFK
may conduct such operations without an Operating Authorization assigned
by the FAA.
    b. Except as otherwise authorized by the FAA based on historic
precedence, scheduled U.S. air carrier and foreign air carrier arrivals
and departures will not exceed 81 per hour from 6 a.m. through 10:59
p.m., Eastern Time.
    c. The Administrator may change the limits if the Administrator
determines that capacity exists to accommodate additional operations
without a significant increase in delays.
    5. For administrative tracking purposes only, the FAA will assign
an identification number to each Operating Authorization.
    6. A carrier holding an Operating Authorization may request the
Administrator's approval to move any arrival or departure scheduled
from 6 a.m. through 10:59 p.m. to another half hour within that period.
Except as provided in paragraph 7, the carrier must receive the written
approval of the Administrator, or his delegate, prior to conducting any
adjusted arrival or departure. All requests to move an allocated
Operating Authorization must be submitted to the FAA Slot
Administration Office, facsimile<PHONE_NUMBER> or email 7-AWA-
[email protected], and must come from a designated representative of
the carrier. If the FAA cannot approve a carrier's request to move a
scheduled arrival or departure, the carrier may then apply for a trade
in accordance with paragraph 7.
    7. For the duration of this Order, a carrier may enter into a lease
or trade of an Operating Authorization to another carrier for any
consideration. Notice of a trade or lease under this paragraph must be
submitted in writing to the FAA Slot Administration Office, facsimile
(202) 267-7277 or email [email protected], and must come from a
designated representative of each carrier. The FAA must confirm and
approve these transactions in writing prior to the effective date of
the transaction. The FAA will approve

transfers between carriers under the same marketing control up to five
business days after the actual operation, but only to accommodate
operational disruptions that occur on the same day of the scheduled
operation. The FAA's approval of a trade or lease does not constitute a
commitment by the FAA to grant the associated historical rights to any
operator in the event that slot controls continue at JFK after this
order expires.
    8. A carrier may not buy, sell, trade, or transfer an Operating
Authorization, except as described in paragraph 7.
    9. Historical rights to Operating Authorizations and withdrawal of
those rights due to insufficient usage will be determined on a seasonal
basis and in accordance with the schedule approved by the FAA prior to
the commencement of the applicable season.
    a. For each day of the week that the FAA has approved an operating
schedule, any Operating Authorization not used at least 80% of the time
over the time-frame authorized by the FAA under this paragraph will be
withdrawn by the FAA for the next applicable season except:
    i. The FAA will treat as used any Operating Authorization held by a
carrier on Thanksgiving Day, the Friday following Thanksgiving Day, and
the period from December 24 through the first Saturday in January.
    ii. The Administrator of the FAA may waive the 80% usage
requirement in the event of a highly unusual and unpredictable
condition which is beyond the control of the carrier and which affects
carrier operations for a period of five consecutive days or more.
    b. Each carrier holding an Operating Authorization must forward in
writing to the FAA Slot Administration Office a list of all Operating
Authorizations held by the carrier along with a listing of the
Operating Authorizations and:
    i. The dates within each applicable season it intends to commence
and complete operations.
    A. For each winter scheduling season, the report must be received
by the FAA no later than August 15 during the preceding summer.
    B. For each summer scheduling season, the report must be received
by the FAA no later than January 15 during the preceding winter.
    ii. The completed operations for each day of the applicable
scheduling season:
    A. No later than September 1 for the summer scheduling season.
    B. No later than January 15 for the winter scheduling season.
    iii. The completed operations for each day of the scheduling season
within 30 days after the last day of the applicable scheduling season.
    10. In the event that a carrier surrenders to the FAA any Operating
Authorization assigned to it under this Order or if there are
unallocated Operating Authorizations, the FAA will determine whether
the Operating Authorizations should be reallocated. The FAA may
temporarily allocate an Operating Authorization at its discretion. Such
temporary allocations will not be entitled to historical status for the
next applicable scheduling season under paragraph 9.
    11. The FAA considers the following factors and priorities in
allocating Operating Authorizations, which the FAA has determined are
available for reallocation--
    a. Historical requests for allocation of an Operating Authorization
in the same time;
    b. New entrant status;
    c. Retiming of historic Operating Authorizations;
    d. Extension of a seasonal Operating Authorization to year-round
service;
    e. The effective period of operation;
    f. The extent and regularity of intended use with priority given to
year-round services;
    g. The operational impacts of scheduled demand, including the
hourly and half-hour demand and the mix of arrival and departure
flights; and
    h. Airport facility constraints.
    Any carrier that is not approved for allocation of an Operating
Authorization by the FAA may request it be placed on a waiting list for
consideration should an Operating Authorization in the requested time
become available during that scheduling season.
    12. If the FAA determines that an involuntary reduction in the
number of allocated Operating Authorizations is required to meet
operational needs, such as reduced airport capacity, the FAA will
conduct a weighted lottery to withdraw Operating Authorizations to meet
a reduced hourly or half-hourly limit for scheduled operations. The FAA
will provide at least 45 days' notice unless otherwise required by
operational needs. Any Operating Authorization that is withdrawn or
temporarily suspended will, if reallocated, be reallocated to the
carrier from which it was taken, provided that the carrier continues to
operate scheduled service at JFK.
    13. The FAA may enforce this Order through an enforcement action
seeking a civil penalty under 49 U.S.C. 46301(a). The FAA or Department
of Justice also could file a civil action in U.S. District Court, under
49 U.S.C. 46106 or 46107, respectively, seeking to enjoin any carrier
from violating the terms of this Order.
    14. The FAA may modify or withdraw any provision in this Order on
its own or on application by any carrier for good cause shown.

    Issued in Washington, DC, on August 18, 2020.
Virginia Boyle,
Deputy Vice President, System Operations Services.
[FR Doc. 2020-18404 Filed 9-17-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Proposed Rules]
[Pages 23153-23156]
[FR Doc No: 2017-10136]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0008; Directorate Identifier 2013-NM-076-AD]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.

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

SUMMARY: We are revising an earlier notice of proposed rulemaking
(NPRM) to supersede an Airworthiness Directive (AD) for all 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. This action revises
the NPRM by adding a requirement to revise the maintenance or
inspection program, as applicable, to incorporate new airworthiness
limitations and adding certain airplanes to the applicability. We are
proposing this airworthiness directive (AD) to address the unsafe
condition on these products. Since these actions impose an additional
burden over those proposed in the NPRM, we are reopening the comment
period to allow the public the chance to comment on these proposed
changes.

DATES: The comment period for the NPRM published in the Federal
Register on February 3, 2014 (79 FR 6106), is reopened.
    We must receive comments on this SNPRM by July 6, 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 http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this SNPRM, 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_ADDRESS>Internet http://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<PHONE_NUMBER>.

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-2014-
0008; 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 SNPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office
(telephone:<PHONE_NUMBER>) 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<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0008;
Directorate Identifier 2013-NM-076-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this SNPRM. We will
consider all comments received by the closing date and may amend this
SNPRM based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this SNPRM.

Discussion

    On November 13, 2012, we issued AD 2012-23-09, Amendment 39-17265
(77 FR 73270, December 10, 2012) (``AD 2012-23-09''). AD 2012-23-09
requires actions intended to address an unsafe condition on all 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.
    We issued an NPRM to amend 14 CFR part 39 by adding an AD to
supersede AD 2012-23-09 that would apply to all 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. The NPRM published in the Federal
Register on February 3, 2014 (79 FR 6106). The NPRM was prompted by a
determination that more restrictive maintenance requirements and
airworthiness limitations were necessary. The NPRM proposed to require
a revision to the maintenance or inspection program to incorporate new
inspection tasks and their respective thresholds and intervals.

Actions Since the NPRM was Issued

    Since we issued the NPRM, a new revision of the airworthiness
limitations section (ALS) of the EMBRAER ERJ 190/195 Maintenance Review
Board Report (MRBR) was issued, which contains more restrictive
airworthiness limitations. The Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for
Brazil, has issued Brazilian Airworthiness Directive 2016-04-01,
effective April 4, 2016 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition on certain Embraer S.A. Model ERJ 190-100 STD, -100
LR, -100 IGW, and -100 ECJ airplanes; and

Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. The MCAI
states:

    This [Brazilian] AD was prompted by a determination that
existing maintenance requirements and airworthiness limitations are
inadequate to ensure the structural integrity of the airplane. We
are issuing this [Brazilian] AD to prevent failure of certain system
components, which could result in reduced structural integrity [and
system reliability] of the airplane.

    The required action is revising the maintenance or inspection
program, as applicable, to incorporate the airworthiness limitations.
    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-2014-
0008.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued Appendix A--Airworthiness Limitations, Part
1--Certification Maintenance Requirements, Part 2--Airworthiness
Limitation Inspections--Structures, Part 3--Fuel System Limitation
Items, and Part 4--Life-Limited Items, of the EMBRAER ERJ 190/195
Maintenance Review Board Report (MRBR), MRB-1928, Revision 9, dated
August 14, 2015 (``MRB-1928, Revision 9''). This service information
describes airworthiness limitations (Part 1, Part 2, Part 3, and Part 4
in Appendix A--Airworthiness Limitations of MRB-1928, Revision 9, make
up the airworthiness limitations).
    Embraer S.A. has also issued Temporary Revision 9-1, dated October
27, 2015, to Appendix A--Airworthiness Limitations, of MRB-1928,
Revision 9, which provides revised airworthiness limitation inspections
and life limited items due to new structural provisions for Live TV and
Connectivity System.
    In addition, Embraer S.A. has issued Temporary Revision 9-3, dated
October 27, 2015, to Appendix A--Airworthiness Limitations, of MRB-
1928, Revision 9, which updates the life limitations of certain main
landing gear and nose landing gear components.
    Embraer S.A. has also issued Appendix A, Airworthiness Limitation,
of the EMBRAER ERJ 190-100 ECJ Maintenance Planning Guide (MPG), MPG-
2928, Revision 4, dated July 14, 2014 (``MPG-2928, Revision 4''). This
service information describes airworthiness limitations (Part 1,
Certification Maintenance Requirements, Part 2, Airworthiness
Limitation Inspections--Structures, Part 3, Fuel System Limitation
Items, and Part 4, Life Limited Items, of the MPG make up the
airworthiness limitations).
    Embraer S.A. has also issued Temporary Revision 4-2, dated February
13, 2015, to Appendix A, Part 2, of MPG-2928, Revision 4, which
describes detailed inspections for the upper doubler at the forward
passenger door cutout.
    Furthermore, Embraer S.A. has issued Temporary Revision 4-3, dated
October 30, 2015, to Appendix A, Part 4, of MPG-2928, Revision 4, which
updates the life limitations of certain main landing gear and nose
landing components.
    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.

Comments

    We gave the public the opportunity to participate in developing
this proposed AD. We received no comments on the NPRM or on the
determination of the cost to the public.

FAA's Determination and Requirements of This SNPRM

    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(k)(1) of this proposed AD. The request should include a description of
changes to the required inspections that will ensure the continued
damage tolerance of the affected structure.
    Notwithstanding any other maintenance or operational requirements,
components that have been identified as airworthy or installed on the
affected airplanes before accomplishing the revision of the airplane
maintenance or inspection program specified in this proposed AD, do not
need to be reworked in accordance with the CDCCLs. However, once the
airplane maintenance or inspection program has been revised as required
by this proposed AD, future maintenance actions on these components
must be done in accordance with the CDCCLs.
    Certain changes described above expand the scope of the NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.

Costs of Compliance

    We estimate that this SNPRM affects 83 airplanes of U.S. registry.
    The actions that are required by AD 2012-23-09 and retained in this
SNPRM take about 1 work-hour per product, at an average labor rate of
$85 per work-hour. Required parts cost about $0 per product. Based on
these figures, the estimated cost of the actions that were required by
AD 2012-23-09 is $85 per product.
    We also estimate that it would take about 1 work-hour per product
to comply with the new basic requirements of this SNPRM. The average
labor rate is $85 per work-hour. Required parts would cost about $0 per
product. Based on these figures, we estimate the cost of this SNPRM on
U.S. operators to be $7,055, or $85 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;

    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not 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 removing Airworthiness Directive (AD)
2012-23-09, Amendment 39-17265 (77 FR 73270, December 10, 2012), and
adding the following new airworthiness directive (AD):

Embraer S.A.: Docket No. FAA-2014-0008; Directorate Identifier 2013-
NM-076-AD.

(a) Comments Due Date

    We must receive comments by July 6, 2017.

(b) Affected ADs

    This AD replaces AD 2012-23-09, Amendment 39-17265 (77 FR 73270,
December 10, 2012) (``AD 2012-23-09'').

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 190-100 STD, -100 LR,
-100 ECJ, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200
LR, and -200 IGW airplanes; certificated in any category; serial
numbers 19000002, 19000004, 19000006 through 19000213 inclusive,
19000215 through 19000276 inclusive, 19000278 through 19000466
inclusive, 19000468 through 19000525 inclusive, and 19000527 through
19000696 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Codes 27, Flight
controls; 28, Fuel; 52, Doors; 53, Fuselage; 54, Nacelles/pylons;
55, Stabilizers; 57, Wings; 71, Powerplant; and 78, Exhaust.

(e) Reason

    This AD was prompted by a determination that more restrictive
airworthiness limitations are necessary. We are issuing this AD to
detect and correct fatigue cracking of structural components and to
prevent failure of certain system components; these conditions could
result in reduced structural integrity and system reliability of the
airplane.

(f) Compliance

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

(g) Retained Revision of the Maintenance Program, With No Changes

    For Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW, ERJ
190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes: This
paragraph restates the actions required by paragraph (h) of AD 2012-
23-09, with no changes. Within 90 days after January 14, 2013 (the
effective date of AD 2012-23-09), revise the maintenance program to
incorporate the tasks specified in Part 2--Airworthiness Limitation
Inspections (ALI)--Structures, of Appendix A, Airworthiness
Limitations (AL), of the EMBRAER 190 Maintenance Review Board
Report, MRB-1928, Revision 5, dated November 11, 2010; and EMBRAER
Temporary Revision (TR) 5-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance
Review Board Report, MRB-1928, Revision 5, dated November 11, 2010;
with the thresholds and intervals stated in these documents. The
initial compliance times for the tasks are stated in the
``Implementation Plan'' section of Appendix A, Airworthiness
Limitations (AL), of the EMBRAER 190 Maintenance Review Board
Report, MRB-1928, Revision 5, dated November 11, 2010.

(h) Retained No Alternative Actions or Intervals, With New Exception

    This paragraph restates the actions required by paragraph (i) of
AD 2012-23-09, with a new exception. After accomplishing the
revision required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals, may be used, unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (k)(1) of this AD, and except as required by paragraph (i)
of this AD.

(i) New Requirements of This AD: Revision of the Maintenance or
Inspection Program

    (1) For Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW,
ERJ 190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes:
Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
tasks specified in Part 2--Airworthiness Limitation Inspections--
Structures, of Appendix A--Airworthiness Limitations, of the EMBRAER
190/195 Maintenance Review Board Report, MRB-1928, Revision 9, dated
August 14, 2015 (``MRB-1928, Revision 9''); EMBRAER Temporary
Revision 9-1, dated October 27, 2015, to Part 2--Airworthiness
Limitation Inspections--Structures, and Part 4--Life Limited Items,
of Appendix A, Airworthiness Limitations, of MRB-1928, Revision 9;
and EMBRAER Temporary Revision 9-3, dated October 27, 2015, to Part
2--Airworthiness Limitation Inspections--Structures, of Appendix A,
Airworthiness Limitations, of MRB-1928, Revision 9; with the
thresholds and intervals stated in these documents. The initial
compliance times for the tasks are at the later of the times
specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD. Doing
the revision required by this paragraph terminates the revision
required by paragraph (g) of this AD.
    (i) Within the applicable times specified in MRB-1928, Revision
9; EMBRAER Temporary Revision 9-1, dated October 27, 2015, to Part
2--Airworthiness Limitation Inspections--Structures, and Part 4--
Life Limited Items, of Appendix A, Airworthiness Limitations, of
MRB-1928, Revision 9; and EMBRAER Temporary Revision 9-3, dated
October 27, 2015, to Part 2--Airworthiness Limitation Inspections--
Structures, of Appendix A, Airworthiness Limitations, of MRB-1928,
Revision 9. Where tasks are listed in both MRB-1928, Revision 9, and
a temporary revision, the compliance times in the temporary revision
take precedence.
    (ii) Within 90 days or 600 flight cycles after the effective
date of this AD, whichever occurs later.
    (2) For Model ERJ 190-100 ECJ airplanes: Within 90 days after
the effective date of this AD, revise the maintenance or inspection
program, as applicable, to incorporate the tasks specified in Part
1, Certification Maintenance Requirements, Part 2, Airworthiness
Limitation Inspections--Structures, Part 3, Fuel System Limitation
Items, and Part 4, Life Limited Items, of Appendix A, Airworthiness
Limitation, of the EMBRAER ERJ 190-100 ECJ Maintenance Planning
Guide, MPG-2928, Revision 4, dated July 14, 2014; EMBRAER Temporary
Revision (TR) 4-2, dated February 13, 2015, and EMBRAER TR 4-3,
dated October 30, 2015; with the thresholds and intervals stated in
these documents. The initial compliance times for the tasks are at
the later of the times specified in paragraphs (i)(2)(i) and
(i)(2)(ii) of this AD.
    (i) Within the applicable times specified in Part 1,
Certification Maintenance Requirements, Part 2, Airworthiness
Limitation Inspections--Structures, Part 3, Fuel System Limitation
Items, and Part 4, Life Limited Items, of Appendix A, Airworthiness
Limitation, of the EMBRAER ERJ 190-100 ECJ Maintenance Planning
Guide, MPG-2928, Revision 4, dated July 14, 2014; EMBRAER TR 4-2,
dated February 13, 2015; and EMBRAER TR 4-3, dated October 30, 2015.
Where tasks are listed in both MPG-2928, Revision 4, and a temporary
revision, the compliance times in the temporary revision take
precedence.
    (ii) Within 90 days or 600 flight cycles after the effective
date of this AD, whichever occurs later.

(j) No Alternative Actions, Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs)

    After accomplishment of the revision required by paragraph (i)
of this AD, no alternative actions (e.g., inspections), intervals,
and/or CDCCLs may be used unless the actions, intervals, and/or
CDCCLs are

approved as an AMOC in accordance with the procedures specified in
paragraph (k)(1) of this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to the attention of
the person identified in paragraph (l)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>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: As of the effective date of
this AD, 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian Airworthiness Directive 2016-04-01, effective April
4, 2016, 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-2014-0008.
    (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<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (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_ADDRESS>Internet http://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<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 8, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-10136 Filed 5-19-17; 8:45 am]
 BILLING CODE 4910-13-P