[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Rules and Regulations]
[Pages 1175-1179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30411]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-7424; Directorate Identifier 2015-NM-173-AD; 
Amendment 39-18756; AD 2016-25-30]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Airbus Model A330-200, -200 Freighter, and -300 series airplanes; and 
Model A340-200, -300, -500, and -600 series airplanes. This AD was 
prompted by certain anomalies of the flight guidance computers. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective February 9, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 9, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; 
fax: +33 5 61 93 45 80; email: [email protected]; 
Internet: http://www.airbus.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221. It is also available on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2016-7424.

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-2016-
7424; 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: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM 116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-1138; 
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

[[Page 1176]]

apply to all Airbus Model A330-200, -200 Freighter, and -300 series 
airplanes; and Model A340-200, -300, -500, and -600 series airplanes. 
The NPRM published in the Federal Register on July 7, 2016 (81 FR 
44235) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2015-0124R2, dated August 31, 2016 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Airbus Model A330-200, -200 
Freighter, and -300 series airplanes; and Model A340-200, -300, -500, 
and -600 series airplanes. The MCAI states:

    It was determined that, when there are significant differences 
between all airspeed sources, the flight controls of an Airbus A330 
or A340 aeroplane will revert to alternate law, the autopilot (AP) 
and the auto-thrust (A/THR) automatically disconnect, and the Flight 
Director (FD) bars are automatically removed. Further analyses have 
shown that, after such an event, if two airspeed sources become 
similar while still erroneous, the flight guidance computers will 
display the FD bars again, and enable the re-engagement of AP and A/
THR. However, in some cases, the AP orders may be inappropriate, 
such as an abrupt pitch command.
    This condition, if not corrected, may, under specific 
circumstances, result in reduced control of the aeroplane.
    In order to prevent such events, EASA issued AD 2010-0271 [which 
corresponds to FAA AD 2011-02-09, Amendment 39-16583 (76 FR 4219, 
January 25, 2011)] to require an amendment of the Airplane Flight 
Manual (AFM) to ensure that flight crews apply the appropriate 
operational procedure.
    Since EASA AD 2010-0271 was issued, new Flight Control Primary 
Computer (FCPC) software standards were developed that inhibit 
autopilot engagement under unreliable airspeed conditions. 
Consequently, EASA issued AD 2011-0199 (later revised) [which 
corresponds to FAA AD 2013-19-14, Amendment 39-17596 (78 FR 68347, 
November 14, 2013)] for A330 and A340-200/300 aeroplanes, and [EASA] 
AD 2013-0107 [which also corresponds to FAA AD 2013-19-14] for A340-
500/600 aeroplanes, to require a software standard upgrade of the 
three FCPCs by either modification or replacement.
    Since EASA AD 2011-0199R1 and [EASA] AD 2013-0107 were issued, 
new FCPC software standards were developed to correct aeroplane 
behaviour in case of undetected erroneous (Radio Altimeter) RA 
information and to introduce other improvements. In addition, the 
new FCPC software standards also implement enhanced Angle of Attack 
(AOA) monitoring in order to better detect cases of AOA blockage, 
including multiple AOA blockage.
    Prompted by these developments, EASA issued AD 2015-0124 (later 
revised) to require the latest software standard upgrade of the 
three FCPCs, either by modification or replacement. At the time, 
some of the Airbus SBs as specified in Table 1 (originally, Appendix 
1) of this [EASA] AD were not yet available.
    Since EASA AD 2015-0124R1 was issued, Airbus published SB A340-
27-5064, and for this reason, this [EASA] AD is revised to introduce 
the date of publication of this SB. This [EASA] AD also contains 
some editorial changes to meet the latest [EASA] AD writing 
standards, without changes to the technical content.
    There is still one SB that remains unavailable at this time. It 
is expected that this [EASA] AD will be revised again when this SB 
is published.

    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-2016-
7424.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International stated that it had 
no objection to the NPRM.

Request To Include Certain Service Information in the NPRM

    Airbus requested that Airbus Service Bulletin A340-27-5064, dated 
June 1, 2016, (``SB A340-27-5064, Revision 0''), which is applicable to 
Airbus Model A340-500 and -600 series airplanes, be included in the 
NPRM. Airbus noted that SB A340-27-5064, Revision 0, was issued after 
the NPRM was published and that EASA planned to issue a revision to 
EASA AD 2015-0124R1, dated February 2, 2016, to include SB A340-27-
5064, Revision 0.
    We agree with the commenter's request to include SB A340-27-5064, 
Revision 0, in this final rule. Paragraph (g) of the proposed AD 
instructed operators of Model A340-500 and -600 series airplanes to 
upgrade the three FCPCs in accordance with a method approved by the 
Manager, International Branch, ANM-116, Transport Airplane Directorate, 
FAA; or EASA; or Airbus's EASA Design Organization Approval (DOA). Now 
that SB A340-27-5064, Revision 0, is available, we have revised 
paragraph (g) of this AD to require the upgrade to be done in 
accordance with the Accomplishment Instructions of the applicable 
service information specified in paragraphs (h)(1), (h)(2), (h)(3), 
(h)(4), and (h)(5) of this AD. We have added a new paragraph (h)(5) to 
this AD, which identifies the service information for Model A340-541 
and A340-642 series airplanes with hardware standard FCPC 2K2 as Airbus 
Service Bulletin A340-27-5064, dated June 1, 2016.
    In addition, the commenter is correct that EASA has revised AD 
2015-0124 R1, dated February 2, 2016, to include SB A340-27-5064, 
Revision 0. We have revised the Discussion section of this final rule 
and paragraph (p)(1), Related Information, of this AD to refer to the 
revised EASA AD 2015-0124R2, dated August 31, 2016.

Request To Include Certain Airplane Models in the NPRM

    Airbus stated that the NPRM addressed Model A330-200, -200 
Freighter, and -300 series airplanes; and Model A340-200 and -300 
airplanes; but not Model A340-500 and -600 series airplanes. Airbus 
commented that there were inconsistencies in the NPRM because if Model 
A340-500 and -600 series airplanes are not included in the 
applicability then paragraph (l) of the NPRM was incorrect because it 
referred to AD 2013-19-14, which includes all Model A340-541 and -642 
airplanes in its applicability.
    We infer that Airbus is requesting that Model A340-541 and -642 
airplanes be included in the applicability of the NPRM, or requesting 
that this AD be revised to remove all text that is associated with 
Model A340-541 and -642 airplanes.
    We agree to clarify. Model A340-541 and -642 airplanes were 
included in the applicability of the proposed AD and continue to be 
included in the applicability of this AD. The SUMMARY section of the 
NPRM included Model A340-500 and -600 series airplanes, and paragraphs 
(c)(6) and (c)(7) of the proposed AD included Model A340-541 and -642 
airplanes, respectively. In addition, paragraph (g) of the proposed AD 
specified that operators of Model A340-500 and -600 airplanes must 
upgrade the FCPCs in accordance with a method approved by the Manager, 
International Branch, ANM-116 Transport Airplane Directorate, FAA; or 
the EASA; or Airbus's EASA DOA. For clarification we have revised the 
header of paragraph (g) of this AD to include Model A340-500 and -600 
series airplanes.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:

[[Page 1177]]

     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.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information:
     Airbus Service Bulletin A330-27-3205, Revision 02, dated 
March 23, 2016.
     Airbus Service Bulletin A330-27-3207, dated June 30, 2015.
     Airbus Service Bulletin A340-27-4195, dated November 24, 
2015.
     Airbus Service Bulletin A340-27-4196, dated November 24, 
2015.
     Airbus Service Bulletin A340-27-5064, dated June 1, 2016.
    The service information describes procedures for upgrading 
(replacing or modifying) the software standards for the FCPCs. These 
documents are distinct since they apply to different airplane models. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 92 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
              Action                     Labor cost            Parts cost           product         operators
----------------------------------------------------------------------------------------------------------------
Modification/replacement..........  3 work-hours x $85    Not available.......            $255          $23,460
                                     per hour = $255.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2016-25-30 Airbus: Amendment 39-18756; Docket No. FAA-2016-7424; 
Directorate Identifier 2015-NM-173-AD.

(a) Effective Date

    This AD is effective February 9, 2017.

(b) Affected ADs

    This AD affects the ADs identified in paragraphs (b)(1), (b)(2), 
(b)(3), and (b)(4) of this AD:
    (1) AD 2012-08-02, Amendment 39-17018 (77 FR 24829, April 26, 
2012) (``AD 2012-08-02'').
    (2) AD 2013-03-06, Amendment 39-17341 (78 FR 15279, March 11, 
2013) (``AD 2013-03-06'').
    (3) AD 2013-05-08, Amendment 39-17380 (78 FR 27015, May 9, 2013; 
corrected August 29, 2013 (78 FR 53237)) (``AD 2013-05-08'').
    (4) AD 2013-19-14, Amendment 39-17596 (78 FR 68347, November 14, 
2013) (``AD 2013-19-14'').

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (c)(7) of this AD, 
all manufacturer serial numbers.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (4) Model A340-211, -212, and -213 airplanes.
    (5) Model A340-311, -312, and -313 airplanes.
    (6) Model A340-541 airplanes.
    (7) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Reason

    This AD was prompted by a determination that, due to significant 
differences among all airspeed sources, the flight controls will 
revert to alternate law, the autopilot (AP) and the auto-thrust (A/
THR) will automatically disconnect, and the flight director (FD) 
bars will be automatically removed. Then, if two airspeed sources 
become similar while still erroneous, the flight guidance computers 
will display the FD bars again, and enable the re-engagement of the 
AP and A/THR. In some

[[Page 1178]]

cases, however, the AP orders may be inappropriate, such as a 
possible abrupt pitch command. We are issuing this AD to prevent AP 
engagement under unreliable airspeed conditions, which could result 
in reduced control of the airplane.

(f) Compliance

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

(g) New Software Standard Upgrade for Model A330 Series Airplanes, and 
Model A340-200, -300, -500, and -600 Series Airplanes

    At the applicable time specified in table 1 to paragraph (g) of 
this AD: Upgrade (by modification or replacement, as applicable) the 
three flight control primary computers (FCPCs), as specified in 
table 1 to paragraph (g) of this AD, in accordance with the 
Accomplishment Instructions of the applicable service information 
specified in paragraphs (h)(1), (h)(2), (h)(3), (h)(4), and (h)(5) 
of this AD.

   Table 1 to Paragraph (g) of This AD--Software Standard Updates and
                            Compliance Times
------------------------------------------------------------------------
                                                        Compliance time
        Software standard          Hardware standard    after effective
                                                        date of this AD
------------------------------------------------------------------------
P13/M22.........................  FCPC 2K2..........  Within 9 months.
P14/M23.........................  FCPC 2K1..........  Within 9 months.
M23.............................  FCPC 2K0..........  Within 9 months.
L24.............................  FCPC 2K1 or 2K0...  Within 15 months.
L23.............................  FCPC 2K2..........  Within 15 months.
W13.............................  FCPC 2K2..........  Within 15 months.
------------------------------------------------------------------------

 (h) Service Information

    For the upgrade required by paragraph (g) of this AD, applicable 
service information is identified in paragraphs (h)(1), (h)(2), 
(h)(3), (h)(4), and (h)(5) of this AD.
    (1) For Model A330 airplanes with hardware standard FCPC 2K2: 
Airbus Service Bulletin A330-27-3205, Revision 02, dated March 23, 
2016.
    (2) For Model A330 airplanes with hardware standard FCPC 2K1 or 
FCPC 2K0: Airbus Service Bulletin A330-27-3207, dated June 30, 2015.
    (3) For Model A340-200 and -300 series airplanes with hardware 
standard FCPC 2K0 or FCPC 2K1: Airbus Service Bulletin A340-27-4195, 
dated November 24, 2015.
    (4) For Model A340-200 and -300 series airplanes with hardware 
standard FCPC 2K2: Airbus Service Bulletin A340-27-4196, dated 
November 24, 2015.
    (5) For Model A340-500 and A340-600 series airplanes with 
hardware standard FCPC 2K2: Airbus Service Bulletin A340-27-5064, 
dated June 1, 2016.

 (i) Removal of Certain Airplane Flight Manual (AFM) Requirements

    After accomplishing the FCPC upgrade required by paragraph (g) 
of this AD, the AFM operational procedures required by the AFM 
revisions identified in paragraphs (i)(1), (i)(2), and (i)(3) of 
this AD are no longer required and can be removed from the AFM for 
that airplane only.
    (1) The AFM revision required by paragraph (g) of AD 2013-19-14.
    (2) The AFM revision required by paragraph (h) of AD 2013-19-14.
    (3) The AFM revision required by paragraph (g) of AD 2013-03-06.

 (j) Removal of Certain Other AFM Requirements

    Accomplishing the FCPC upgrade required by paragraph (g) of this 
AD terminates the dispatch limitations required by paragraphs (g), 
(h), and (i) of AD 2012-08-02 for that airplane only, and after 
accomplishing the FCPC upgrade, those dispatch limitations can be 
removed from the AFM for that airplane only.

 (k) Certain Actions Required by AD 2013-05-08 Affected by This AD

    Accomplishing the FCPC upgrade required by paragraph (g) this AD 
constitutes compliance with the requirements of paragraph (l) and 
paragraphs (o)(1) through (o)(4) of AD 2013-05-08.

 (l) Certain Actions Required by AD 2013-19-14 Affected by This AD

    Accomplishing the FCPC upgrade required by paragraph (g) this AD 
constitutes compliance with the requirements of paragraphs (i) and 
(j) of AD 2013-19-14.

 (m) Airplanes Excluded From Certain Requirements

    For Airbus Model A330 series airplanes having Airbus 
Modification 202680 (installation of FCPC 2K2 with software standard 
P13/M22) incorporated in production: The actions specified in 
paragraph (g) of this AD are not required, provided it can be 
positively determined that since the date of issuance of the 
original certificate of airworthiness or the original export 
certificate of airworthiness, no FCPC has been replaced on that 
airplane with an FCPC having an earlier standard.

 (n) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Service Bulletin A330-27-
3205, dated March 9, 2015; or Airbus Service Bulletin A330-27-3205, 
Revision 01, dated July 3, 2015.

 (o) 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 ATTN: Vladimir 
Ulyanov, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone: 425-227-1138; fax: 425-227-1149. 
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 
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or 
Airbus's EASA DOA. If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (3) Required for Compliance (RC): 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.

 (p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2015-0124R2, dated August 31, 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-2016-7424.

[[Page 1179]]

    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (q)(3) and (q)(4) of this AD.

 (q) 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) Airbus Service Bulletin A330-27-3205, Revision 02, dated 
March 23, 2016.
    (ii) Airbus Service Bulletin A330-27-3207, dated June 30, 2015.
    (iii) Airbus Service Bulletin A340-27-4195, dated November 24, 
2015.
    (iv) Airbus Service Bulletin A340-27-4196, dated November 24, 
2015.
    (v) Airbus Service Bulletin A340-27-5064, dated June 1, 2016.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; 
fax: +33 5 61 93 45 80; email: [email protected]; 
Internet: http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 7, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-30411 Filed 1-4-17; 8:45 am]
 BILLING CODE 4910-13-P