Unknown. Final rule

5,017 words·~23 min read·/register/2015/02/10/2015-01663·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2015-02-10.xml --- 80 27 Tuesday, February 10, 2015 Contents African African Development Foundation NOTICES Meetings: Board of Directors, 7402 2015-02675 Agency Agency for International Development NOTICES Meetings: Board for International Food and Agricultural Development, 7402 2015-02666 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Rural Utilities Service Air Force Air Force Department NOTICES Consent Orders:

United Launch Alliance, and Change in Department of Defense Compliance Officer, 7420 2015-02582 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7402-7403 2015-02679 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Citrus Canker, Citrus Greening, and Asian Citrus Psyllid; Interstate Movement of Regulated Nursery Stock, 7403-7404 2015-02678 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act:

Sematech, Inc. d/b/a International Sematech, 7499 2015-02735 Antitrust See Antitrust Division Army Army Department NOTICES Meetings: Army Education Advisory Committee, 7421 2015-02667 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Survey of Business Owners, 7411-7413 2015-02734 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7474-7478 2015-02623 2015-02624 2015-02592 Children Children and Families Administration RULES Head Start Program, 7368-7380 2015-02491 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 7478-7479 2015-02698 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Memphis Port Area Multiagency Mass Rescue Operations and Medical Surge Full-Scale Exercise, Lower Mississippi River, Mile Marker,

(MM)745.0 to

(MM)736.0, Memphis, TN, 7394-7397 2015-02319 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 7420 2015-02605 Defense Department Defense Department See Air Force Department See Army Department NOTICES Environmental Assessments; Availability, etc.: Real Property Master Plan; Defense Distribution Depot, San Joaquin, 7420 2015-02645 Education Department Education Department PROPOSED RULES Native Hawaiian Career and Technical Education Program; Waivers, Extensions, 7397-7398 2015-02712 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Green Ribbon Schools Nominee Presentation Form, 7421-7422 2015-02662 Program for International Student Assessment 2012 Validation Study, 2015 Field Test and Main Study, 7422-7423 2015-02661 Applications for New Awards: Arts in Education National, 7432-7439 2015-02596 Supporting Effective Educator Development Grant Program, 7423-7432 2015-02710 Native American Career and Technical Education Program: Proposed Waiver and Extension of Project Period, 7439-7441 2015-02725 Employment and Training Employment and Training Administration NOTICES Meetings: Native American Employment and Training Council, 7499-7500 2015-02707 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Placer County Air Pollution Control District and San Joaquin Valley Unified Air Pollution Control District; Revisions, 7345-7347 2015-02612 New Mexico; Transportation Conformity and Conformity of General Federal Actions, 7341-7345 2015-02585 Washington; Tacoma-Pierce County Nonattainment Area; Redesignation to Attainment, 7347-7351 2015-02619 Air Quality State Implementation Plans; Submission Requirements: Option for Electronic Reporting, 7336-7341 2015-02602 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Placer County Air Pollution Control District, San Joaquin Valley Unified Air Pollution Control District; Revision, 7398-7399 2015-02618 New Mexico; Transportation Conformity and Conformity of General Federal Actions, 7399-7400 2015-02584 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Continuous Release Reporting Regulations under CERCLA, 7460-7461 2015-02694 Federal Operating Permit Program; Renewal, 7459-7460 2015-02696 National Emission Standards for Hazardous Air Pollutants: Radionuclides, Updated Compliance Model, 7461-7465 2015-02704 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 7465 2015-02778 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Agusta S.p.A. (Type Certificate Currently Held By AgustaWestland S.p.A.) (Agusta) Helicopters, 7300-7302 2015-01809 Airbus Airplanes, 7290-7298 2015-01710 Airbus Helicopters (Previously Eurocopter France), 7288-7290 2015-01803 Bombardier, Inc. Airplanes, 7285-7288, 7298-7300 2015-01663 2015-02282 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fractional Aircraft Ownership Programs, 7524-7525 2015-02651 Report of Inspections Required by Airworthiness Directives, 7524 2015-02647 Federal Communications Federal Communications Commission PROPOSED RULES Competitive Bidding Procedures for Broadcast Incentive Auction 1000, Including 1001 and 1002; Extensions, 7400-7401 2015-02728 Updating Competitive Bidding Rules; Extensions, 7400 2015-02727 Federal Energy Federal Energy Regulatory Commission RULES Natural Gas Pipelines: Project Cost and Annual Limits, 7302-7303 2015-02653 NOTICES Applications: Chesapeake Utilities Corp., 7441-7442 2015-02685 Combined Filings, 7442-7455 2015-02625 2015-02627 2015-02628 2015-02629 2015-02630 2015-02631 2015-02632 2015-02633 2015-02634 2015-02635 2015-02636 2015-02701 Environmental Impact Statements; Availability, etc.: Transcontinental Gas Pipe Line Company, LLC, 7455-7457 2015-02684 Filings: City of Vernon, California, 7457-7458 2015-02626 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: CPV Biomass Holdings, LLC, 7458 2015-02686 Records Governing Off-the-Record Communications, 7458-7459 2015-02687 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 2015-02869 7466 2015-02871 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 7466 2015-02597 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7466-7469 2015-02703 Early Terminations of Waiting Periods under the Premerger Notification Rules, 7469-7471 2015-02620 Financial Crimes Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bank Secrecy Act Suspicious Activity Reporting Requirement for Money Services Businesses, 7528-7529 2015-02731 Bank Secrecy Act Suspicious Activity Reporting Requirement for Residential Mortgage Lenders and Originators, 7526-7527 2015-02732 Registration of Money Services Business, 7527-7528 2015-02726 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Horseshoe Crab Tagging Program, 7490-7491 2015-02656 Availability of Draft Maps: John H. Chafee Coastal Barrier Resources System; Collier County, FL, 7491-7493 2015-02655 Food and Drug Food and Drug Administration RULES Guidance: Individual Patient Expanded Access Applications, 7318-7321 2015-02561 NOTICES Guidance: Complicated Intra-Abdominal Infections--Developing Drugs for Treatment, 7479-7480 2015-02591 Meetings: Arthritis Advisory Committee, 7480-7481 2015-02670 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Subzones: Spectro Coating Corporation dba Claremont Flock, LLC, Foreign-Trade Zone 27, Boston, MA, 7413 2015-02736 General Services General Services Administration RULES Federal Management Regulations: Utilization and Disposition of Personal Property with Special Handling Requirements, 7352-7368 2015-02538 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7471-7474 2015-02649 2015-02650 2015-02652 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7481-7483 2015-02658 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Office of Natural Resources Revenue Internal Revenue Internal Revenue Service RULES Foreign Tax Credit Splitting Events, 7323-7336 2015-02614 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7529 2015-02639 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Potassium Permanganate from the People's Republic of China, 7413-7415 2015-02724 Quarterly Updates to the Annual Listing of Foreign Government Subsidies: Articles of Cheese Subject to an In-Quota Rate of Duty, 7415-7416 2015-02723 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications and Rulings, etc.: Certain Crystalline Silicon Photovoltaic Products from China and Taiwan, 7495-7496 2015-02709 Justice Department Justice Department See Antitrust Division See Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Semi-Annual Progress Report for Grantees from the Engaging Men and Youth Program, 7496 2015-02589 Semi-Annual Progress Report for the Court Training and Improvements Program, 7496-7497 2015-02588 Environmental Impact Statements; Availability, etc.: United States Penitentiary and Federal Prison Camp in Letcher County, Kentucky, 7497-7498 2015-02663 Meetings: Community Oriented Policing Services; Research Community, Subject-Matter Experts and the Public; Correction, 7498 2015-02738 President's Task Force on 21st Century Policing Discussing Best Practices and Recommendations, 7498-7499 2015-02733 Justice Programs Justice Programs Office NOTICES Selection and Application Guide to Ballistic-Resistant Body Armor, 7499 2015-02640 Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau See Mine Safety and Health Administration Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7500-7501 2015-02646 Land Land Management Bureau NOTICES Meetings: Rio Grande Natural Area Commission, 7493-7494 2015-02664 Mine Mine Safety and Health Administration PROPOSED RULES Criteria and Procedures for Assessment of Civil Penalties, 7393-7394 2015-02399 Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Institute National Institute of Standards and Technology NOTICES Meetings: National Construction Safety Team Advisory Committee, 7416-7417 2015-02586 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Food and Drug Administration and the National Cancer Institute Health Communication Survey, 7483-7484 2015-02691 Meetings: Center for Scientific Review, 7484-7487 2015-02593 2015-02594 2015-02598 Diabetes Mellitus Interagency Coordinating Committee, 7484 2015-02693 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 7485-7486 2015-02600 2015-02601 National Heart, Lung, and Blood Institute, 7485 2015-02599 National Institute of Biomedical Imaging and Bioengineering, 7486 2015-02595 National Oceanic National Oceanic and Atmospheric Administration RULES Endangered or Threatened Species: Southern Resident Killer Whale Distinct Population Segment; Listing Amendments, 7380-7390 2015-02604 Fisheries Off West Coast States: Pacific Coast Groundfish Fishery; Pacific Whiting Allocations and Fishery Closure; Pacific Whiting Seasons, 7390-7392 2015-02669 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Atlantic Highly Migratory Species Permit Family of Forms, 7417 2015-02581 Highly Migratory Species Dealer Reporting Family of Forms, 7418-7419 2015-02583 Permits: Marine Mammals; File No. 13602, 7419 2015-02610 Marine Mammals; File No. 18638 and 17305, 7419 2015-02609 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Renewal Applications: Kennecott Uranium Co., Kennecott Facility, 7501-7503 2015-02708 Natural Resources Office of Natural Resources Revenue NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Accounts Receivable Confirmations, 7494-7495 2015-02638 Rural Utilities Rural Utilities Service NOTICES Applications: Household Water Well System Grant Program: Announcement of Deadlines and Funding, 7404-7411 2015-02680 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7503-7504 2015-02615 2015-02616 Applications: Exceed Advisory, LLC, and Exceed ETFs, 7504-7511 2015-02660 Meetings; Sunshine Act, 2015-02795 7511 2015-02797 Orders: Public Company Accounting Oversight Board Budget; Annual Accounting Support Fee, 7511-7512 2015-02637 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 7512-7514 2015-02642 CBOE Futures Exchange, LLC, 7518-7520 2015-02643 Chicago Board Options Exchange, Inc., 7515-7518 2015-02641 ISE Gemini, LLC, 7514-7515 2015-02644 Trading Suspension Orders: Med Pro Venture Capital, Inc., 7520-7521 2015-02794 Small Business Small Business Administration NOTICES Surrender of Licenses of Small Business Investment Companies: Liberty Ventures I, L.P., 7521 2015-02648 Pinecreek Capital Partners, L.P., 7521 2015-02654 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7521-7523 2015-02657 State Department State Department RULES Application of Accreditation Requirement and Standards in Cases Covered by the Intercountry Adoption Universal Accreditation Act, 7321-7323 2015-02248 NOTICES Culturally Significant Objects Imported for Exhibition: Diego Rivera and Frida Kahlo in Detroit, 7523 2015-02699 Transportation Department Transportation Department See Federal Aviation Administration See Transportation Statistics Bureau Transportation Statistics Transportation Statistics Bureau NOTICES Confidential Business Information Reporting Requirements, 7525-7526 2015-02665 Treasury Treasury Department See Financial Crimes Enforcement Network See Internal Revenue Service RULES United States-Australia Free Trade Agreement, 7303-7318 2015-02720 Customs U.S. Customs and Border Protection RULES United States-Australia Free Trade Agreement, 7303-7318 2015-02720 NOTICES Modification of Automated Commercial Environment Cargo Release Test to Permit the Combined Filing of Cargo Release and Importer Security Filing Data, 7487-7490 2015-02719 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Status Report, 7529-7530 2015-02673 Intent to File a Claim for Compensation and/or Pension, or Survivors Pension and/or DIC, 7530 2015-02677 Using Peer Mentors to Support PACT Team Efforts to Improve Diabetes, 7531 2015-02690 Meetings: Secretary of Veterans Affairs Advisory Committee Chairs Summit; Retractions, 7531-7532 2015-02659 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 80 27 Tuesday, February 10, 2015 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0146; Directorate Identifier 2013-NM-243-AD; Amendment 39-18094; AD 2015-02-25] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc. Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by fuel system reviews conducted by the manufacturer. This AD requires replacing a fitting that is part of the refuel control solenoid valve assembly. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. DATES: This AD becomes effective March 17, 2015. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 17, 2015. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov/#!docketDetail;D=FAA-2014-0146;* or in person at the 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. For service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email *thd.qseries@aero.bombardier.com;* Internet *http://www.bombardier.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-2014-0146.* FOR FURTHER INFORMATION CONTACT: Mazdak Hobbi, Aerospace Engineer, Propulsion and Services Branch, ANE-173, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228 7330; fax 516-794 5531. 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 Bombardier, Inc. Model DHC-8-400 series airplanes. The NPRM published in the **Federal Register** on March 28, 2014 (79 FR 17459). The NPRM was prompted by fuel system reviews conducted by the manufacturer. The NPRM proposed to require replacing a fitting that is part of the refuel control solenoid valve assembly. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2013-32, dated October 8, 2013 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition certain Bombardier, Inc. Model DHC-8-400 series airplanes. The MCAI states: During the incorporation of Modsum 4-126630, mandated by [Canadian] AD CF-2010-31 [ *http://wwwapps3.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/images/doc-acrobat16x16.gif;* corresponding FAA AD 2011-13-06, Amendment 39-16729 (76 FR 37258, June 27, 2011)], it has been reported that fitting part number (P/N) 82822074-951 has been installed through the rear spar instead of fitting P/N 82822074-005 or 82822074-007. Fitting P/N 82822074-951 does not comply with the fuel tank safety standards introduced in Chapter 525 of the Airworthiness Manual through [a certain] Notice of Proposed Amendment

(NPA)* * *. Therefore, this fitting shall be replaced to mitigate unsafe conditions that could result in a potential ignition source within the fuel system. This [Canadian] AD mandates the replacement of the above-mentioned fittings with compliant fittings P/N 82822074-009. You may examine the MCAI in the AD docket on the Internet at *http://www.regulations.gov/#!documentDetail;D=FAA-2014-0146-0002.* Comments We gave the public the opportunity to participate in developing this AD. The following presents the comment received on the NPRM (79 FR 17459, March 28, 2014) and the FAA's response to each comment. Request To Mandate Only Certain Sections of the Service Information Horizon Air requested that we revise the NPRM (79 FR 17459, March 28, 2014), to mandate only the section of the Accomplishment Instructions that corrects the unsafe condition ( *i.e.,* paragraph 3.B., “Procedure”). Horizon Air reasoned that paragraph

(g)of the NPRM mandates the entire Accomplishment Instructions of Bombardier Service Bulletin 84-28-12, Revision A, dated June 20, 2013, and that the “Job Set-Up” and “Close Out” sections of the Accomplishment Instructions do not directly correct the unsafe condition. Horizon Air explained that requiring the “Job Set-Up” and “Close Out” sections restricts an operator's ability to perform other maintenance in conjunction with the incorporation of the service bulletin. As an example, Horizon Air suggested that an operator might need or want to have the gear pins out, but that would not be allowed because the NPRM mandates the installation of the gear pins through the work steps in the “Job Set-Up” section, and they cannot be removed until the “Job Close Out” section is accomplished. For the reasons stated by Horizon Air, we agree to mandate only the section of the Accomplishment Instructions of Bombardier Service Bulletin 84-28-12, Revision A, dated June 20, 2013, that corrects the unsafe condition in this AD. We have revised paragraph

(g)of this AD accordingly. “Contacting the Manufacturer” Paragraph in This AD Since late 2006, we have included a standard paragraph titled “Airworthy Product” in all MCAI ADs in which the FAA develops an AD based on a foreign authority's AD. The MCAI or referenced service information in an FAA AD often directs the owner/operator to contact the manufacturer for corrective actions, such as a repair. Briefly, the Airworthy Product paragraph allowed owners/operators to use corrective actions provided by the manufacturer if those actions were FAA-approved. In addition, the paragraph stated that any actions approved by the State of Design Authority (or its delegated agent) are considered to be FAA-approved. In the NPRM (79 FR 17459, March 28, 2014), we proposed to prevent the use of repairs that were not specifically developed to correct the unsafe condition, by requiring that the repair approval provided by the State of Design Authority or its delegated agent specifically refer to this FAA AD. This change was intended to clarify the method of compliance and to provide operators with better visibility of repairs that are specifically developed and approved to correct the unsafe condition. In addition, we proposed to change the phrase “its delegated agent” to include a design approval holder

(DAH)with State of Design Authority design organization approval (DOA), as applicable, to refer to a DAH authorized to approve required repairs for the proposed AD. No comments were provided to the NPRM (79 FR 17459, March 28, 2014) about these proposed changes. However, a comment was provided for an NPRM having Directorate Identifier 2012-NM-101 AD (78 FR 78285, December 26, 2013). The commenter stated the following: “The proposed wording, being specific to repairs, eliminates the interpretation that Airbus messages are acceptable for approving minor deviations (corrective actions) needed during accomplishment of an AD mandated Airbus service bulletin.” This comment has made the FAA aware that some operators have misunderstood or misinterpreted the Airworthy Product paragraph to allow the owner/operator to use messages provided by the manufacturer as approval of deviations during the accomplishment of an AD-mandated action. The Airworthy Product paragraph does not approve messages or other information provided by the manufacturer for deviations to the requirements of the AD-mandated actions. The Airworthy Product paragraph only addresses the requirement to contact the manufacturer for corrective actions for the identified unsafe condition and does not cover deviations from other AD requirements. However, deviations to AD-required actions are addressed in 14 CFR 39.17, and anyone may request the approval for an alternative method of compliance to the AD-required actions using the procedures found in 14 CFR 39.19. To address this misunderstanding and misinterpretation of the Airworthy Product paragraph, we have changed the paragraph and retitled it “Contacting the Manufacturer.” This paragraph now clarifies that for any requirement in this AD to obtain corrective actions from a manufacturer, the actions must be accomplished using a method approved by the FAA, the TCCA, or Bombardier, Inc.'s TCCA Design Approval Organization (DAO). The Contacting the Manufacturer paragraph also clarifies that, if approved by the DAO, the approval must include the DAO-authorized signature. The DAO Designee signature indicates that the data and information contained in the document are TCCA-approved, which is also FAA-approved. Messages and other information provided by the manufacturer that do not contain the DAO-authorized signature approval are not TCCA-approved, unless TCCA directly approves the manufacturer's message or other information. This clarification does not remove flexibility previously afforded by the Airworthy Product paragraph. Consistent with long-standing FAA policy, such flexibility was never intended for required actions. This is also consistent with the recommendation of the Airworthiness Directive Implementation Aviation Rulemaking Committee to increase flexibility in complying with ADs by identifying those actions in manufacturers' service instructions that are “Required for Compliance” with ADs. We continue to work with manufacturers to implement this recommendation. But once we determine that an action is required, any deviation from the requirement must be approved as an alternative method of compliance. Other commenters to the NPRM having Directorate Identifier 2012-NM-101 AD (78 FR 78285, December 26, 2013) pointed out that in many cases the foreign manufacturer's service bulletin and the foreign authority's MCAI might have been issued some time before the FAA AD. Therefore, the DOA might have provided U.S. operators with an approved repair, developed with full awareness of the unsafe condition, before the FAA AD is issued. Under these circumstances, to comply with the FAA AD, the operator would be required to go back to the manufacturer's DOA and obtain a new approval document, adding time and expense to the compliance process with no safety benefit. Based on these comments, we removed the requirement that the DAH-provided repair specifically refer to this AD. Before adopting such a requirement, the FAA will coordinate with affected DAHs and verify they are prepared to implement means to ensure that their repair approvals consider the unsafe condition addressed in this AD. Any such requirements will be adopted through the normal AD rulemaking process, including notice-and-comment procedures, when appropriate. We also have decided not to include a generic reference to either the “delegated agent” or “DAH with State of Design Authority design organization approval,” but instead we have provided the specific delegation approval granted by the State of Design Authority for the DAH. 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: • Are consistent with the intent that was proposed in the NPRM (79 FR 17459, March 28, 2014) for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 17459, March 28, 2014). 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 Bombardier has issued Bombardier Service Bulletin 84-28-12, Revision A, dated June 20, 2013. The service information describes procedures for replacing a fitting that is part of the refuel control solenoid valve assembly. This service information is reasonably available; see ADDRESSES for ways to access this service information. Costs of Compliance We estimate that this AD affects 55 airplanes of U.S. registry. We also estimate that it will take about 9 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts costs are negligible. Based on these figures, we estimate the cost of this AD on U.S. operators to be $42,075, or $765 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 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. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov/#!docketDetail;D=FAA-2014-0146* ; 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 Operations office (telephone 800-647-5527) is in the ADDRESSES section. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): **2015-02-25 Bombardier, Inc.:** Amendment 39-18094. Docket No. FAA-2014-0146; Directorate Identifier 2013-NM-243-AD.

(a)Effective Date This AD becomes effective March 17, 2015.

(b)Affected ADs None.

(c)Applicability This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes, certificated in any category, serial numbers 4063 through 4118 inclusive.

(d)Subject Air Transport Association

(ATA)of America Code 28, Fuel.

(e)Reason This AD was prompted by fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

(f)Compliance Comply with this AD within the compliance times specified, unless already done.

(g)Replacement Within 6,000 flight hours or 36 months after the effective date of this AD, whichever occurs first: Replace fitting part number (P/N) 82822074-951 with new P/N 82822074-009, in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-28-12, Revision A, dated June 20, 2013.

(h)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 Bombardier Service Bulletin 84-28-12, dated July 23, 2012, which is not incorporated by reference in this AD.

(i)Other FAA AD Provisions The following provisions also apply to this AD:

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, New York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. 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. The AMOC approval letter must specifically reference this AD.

(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, New York ACO, ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.

(j)Related Information

(1)Refer to Mandatory Continuing Airworthiness Information

(MCAI)Canadian Airworthiness Directive CF-2013-32, dated October 8, 2013, for related information. This MCAI may be found in the AD docket on the Internet at *http://www.regulations.gov/#!documentDetail;D=FAA-2014-00146-0002.*

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

(k)Material Incorporated by Reference

(1)The Director of the Federal Register approved the incorporation by reference

(IBR)of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise.

(i)Bombardier Service Bulletin 84-28-12, Revision A, dated June 20, 2013.

(ii)Reserved.

(3)For service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email *thd.qseries@aero.bombardier.com* ; Internet *http://www.bombardier.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 January 21, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2015-01663 Filed 2-9-15; 8:45 am]

Connectionstraces to 6

Traces to 6 documents

CFR

U.S. Code

2 references not yet in our index