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Code · REGISTER · 2016-08-31 · PROPOSED RULES · Agency Health Agency for Healthcare Research and Quality NOTICES Patient Safety Organizations: Voluntary Relinquishment From QAISys, Inc.; Delisting, 60003-60004 2016-20912 Agricultural Marketing Agri · Unknown

Unknown. Final rule

5,801 words·~26 min read·/register/2016/08/31/2016-20693

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-2016-08-31.xml --- 81 169 Wednesday, August 31, 2016 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Patient Safety Organizations: Voluntary Relinquishment From QAISys, Inc.; Delisting, 60003-60004 2016-20912 Agricultural Marketing Agricultural Marketing Service NOTICES Guidance: National Organic Program; Treated Lumber, 59976-59977 2016-20808 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See National Agricultural Statistics Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application and Permit for Permanent Exportation of Firearms, 60023 2016-20915 Environmental Information, 60023-60024 2016-20917 Electronic Collection and Transfer of Import Information: Cessation of PGA Message Set Pilot Program, 60022 2016-20939 Army Army Department NOTICES Exclusive Patent Licenses: Fox Materials Consulting, LLC; Colorado Springs, CO, 59985 2016-20922 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Survey of Income and Program Participation, 59981-59982 2016-20902 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Programs: Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2017; Correction, 59901-59902 2016-20897 Civil Rights Civil Rights Commission NOTICES Meetings: South Dakota Advisory Committee, 59981 2016-20969 Coast Guard Coast Guard RULES Safety Zones: Great Egg Harbor Bay, Marmora, NJ, 59865-59869 2016-20951 PROPOSED RULES Safety Zones:
Blasting, Delaware River, 59945-59947 2016-20868 Jacksonville Sea and Sky Spectacular, Atlantic Ocean, Jacksonville Beach, FL, 59947-59950 2016-20923 Commerce Commerce Department See Census Bureau See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 59985 2016-21076 Defense Department Defense Department See Army Department PROPOSED RULES TRICARE: Reimbursement of Long Term Care Hospitals and Inpatient Rehabilitation Facilities, 59934-59945 2016-20660 Drug Drug Enforcement Administration PROPOSED RULES Schedules of Controlled Substances:
Temporary Placement of Mitragynine and 7-Hydroxymitragynine into Schedule I, 59929-59934 2016-20803 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Approval To Participate in Federal Student Aid Programs, 59987 2016-20938 Foreign Schools Eligibility Criteria Apply To Participate in Title IV HEA Programs, 59986 2016-20990 Applications for New Awards: Promise Neighborhoods Program Grant;
Application Deadline Extension, 59987-59988 2016-21001 Funding Down the State and Partnership Grant Slates From Fiscal Year 2014: Gaining Early Awareness and Readiness for Undergraduate Programs, 59985-59986 2016-21006 Election Election Assistance Commission NOTICES Meetings: Technical Guidelines Development Committee, 59988-59989 2016-20901 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Weatherization Assistance Program; Extension, 59990 2016-20945 Meetings: President's Council of Advisors on Science and Technology, 59989 2016-20935 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Requests for Information: Availability of New Geothermal Electricity in the Salton Sea Area To Serve Regional Federal Load, 59990 2016-20944 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Alabama; Cross-State Air Pollution Rule, 59869-59876 2016-20854 California; San Joaquin Valley; Moderate Area Plan for the 2006 PM <sup>2.5</sup> NAAQS, 59876-59901 2016-20413 PROPOSED RULES Clean Energy Incentive Program Design Details, 59950-59951 2016-20898 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes, 59837-59839 2016-20706 Bombardier, Inc.
Airplanes, 59827-59830, 59839-59845 2016-20680 2016-20693 2016-20707 The Boeing Company Airplanes, 59830-59836 2016-20686 2016-20722 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 59922-59927 2016-20696 PILATUS AIRCRAFT LTD. Airplanes, 59919-59922 2016-20828 NOTICES Meetings: SC-147 Traffic Collision and Avoidance Committee Plenary, 60113 2016-20909 SC-227 Navigation Information on Electronic Maps, 60113-60114 2016-20986 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 60000-60001 2016-20870 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59995-59998 2016-20977 Applications: Climax Manufacturing Co., 59993 2016-20980 Columbia Gas Transmission, LLC, 59991 2016-20974 EcoElectrica, LP, 60000 2016-20973 Sacramento Municipal Utility District, 59993-59994 2016-20978 Transcontinental Gas Pipe Line Company, LLC, 59995 2016-20975 Combined Filings, 59998-60000 2016-20972 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:
Brady Interconnection, LLC, 59994-59995 2016-20976 Meetings: R.C. Byrd Hydroelectric Project, Wadsworth, OH; Teleconference, 59998 2016-20971 Qualifying Conduit Hydropower Facilities: Amador Water Agency, 59992 2016-20981 Transfers of Exemptions: Champlain Spinners Power Co. Inc.; Champlain Spinners Power, LLC, 59990-59991 2016-20979 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60114 2016-20931 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Lease and Interchange of Vehicles:
Motor Carriers of Passengers, 59951-59952 2016-20609 NOTICES Qualification of Drivers; Exemption Applications: Vision, 60115-60119 2016-20925 2016-20932 Federal Trade Federal Trade Commission RULES Telemarketing Sales Rule Fees, 59845-59846 2016-20817 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60001-60003 2016-20933 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on Petition To Delist Coastal California Gnatcatcher, 59952-59975 2016-20864 Food and Drug Food and Drug Administration RULES Requirements for Foreign and Domestic Establishment Registration and Listing for Human Drugs, Including Drugs That Are Regulated Under a Biologics License Application, and Animal Drugs, 60170-60224 2016-20471 NOTICES Guidance:
Revised Recommendations for Reducing Risk of Zika Virus Transmission by Blood and Blood Components, 60005-60007 2016-20914 Submission of Warning Plans for Cigars, 60004-60005 2016-20913 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Greater Red Lodge Vegetation and Habitat Management Project, Custer Gallatin National Forest, Carbon County, MT, 59977 2016-20920 Meetings: Black Hills National Forest Advisory Board, 59977-59978 2016-21008 Manti-La Sal Resource Advisory Committee, 59978 2016-20948 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Meetings:
Advisory Committee on Rural Health and Human Services, 60007-60008 2016-20911 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection PROPOSED RULES International Entrepeneurs, 60130-60168 2016-20663 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2017 American Housing Survey, 60017-60018 2016-20956 FHA Adjustable Rate Mortgages, 60016-60017 2016-20954 FHA Application for Insurance of Advance of Mortgage Proceeds, 60015-60016 2016-20953 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service RULES Definition of Real Estate Investment Trust Real Property, 59849-59865 2016-20987 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 60122-60124 2016-20983 2016-20984 2016-20988 International Trade Com International Trade Commission NOTICES Sanctions for Breaches of Administrative Protective Orders: Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers, 60021-60022 2016-20869 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration NOTICES Consent Decrees Under the Clean Water Act, 60024 2016-20947 Labor Department Labor Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Certificate of Electrical Training and Applications for Mine Safety and Health Administration Approved Tests and State Tests Administered as Part of a Mine Safety and Health Administration Approved Program, 60024-60025 2016-20940 Land Land Management Bureau RULES Internet-Based Auctions, 59902-59906 2016-20943 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60018-60020 2016-20907 2016-21080 Requests for Nominations:
Certain New Mexico Resource Advisory Councils; Second Call, 60020-60021 2016-20942 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60119 2016-20872 Merit Merit Systems Protection Board NOTICES Performance Review Board Membership, 60025 2016-20992 NASA National Aeronautics and Space Administration NOTICES Requests for Nominations: Federal Advisory Committees, 60025-60026 2016-20863 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 59978-59980 2016-20900 Charter Renewals: Advisory Committee on Agriculture Statistics, 59980-59981 2016-20899 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 60009-60013 2016-20876 2016-20994 2016-20996 National Center for Complementary and Integrative Health, 60008-60009 2016-20877 National Institute of Diabetes and Digestive and Kidney Diseases, 60010-60012 2016-20997 2016-21000 National Institute of Mental Health, 60008 2016-20878 National Oceanic National Oceanic and Atmospheric Administration NOTICES Permits:
Marine Mammals and Endangered Species; File Nos. 15543-06, 15488-01, 15537-02, 18890, 19091, 19116, 19638, 20283, 59982-59983 2016-20941 Requests for Nominations: United States Global Change Research Program, 59983-59985 2016-20982 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Enhancing Participation in Public Meetings, 60026-60029 2016-20946 Review Plans: Instrumentation and Controls Guidance, 60029-60030 2016-20873 Peace Peace Corps NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 60031 2016-20904 Personnel Personnel Management Office PROPOSED RULES Access to Federal Employees Health Benefits for Employees of Certain Indian Tribal Employers, 59907-59919 2016-20566 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Delayed Special Permit Applications, 60122 2016-20589 Special Permit Applications: Hazardous Materials, 60119-60122 2016-20588 2016-20592 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 59950 2016-20930 Presidential Documents Presidential Documents PROCLAMATIONS Papahanaumokuakea Marine National Monument;
Expansion (Proc. 9478), 60225-60234 2016-21138 Securities Securities and Exchange Commission PROPOSED RULES Disclosure Requirements Relating to Management, Certain Security Holders and Corporate Governance Matters, 59927-59929 2016-20906 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 60097-60099 2016-20964 Bats EDGX Exchange, Inc., 60070-60072 2016-20963 Chicago Board Options Exchange, Inc., 60032-60034, 60089-60091 2016-20887 2016-20965 Chicago Stock Exchange, Inc., 60034-60037 2016-20885 Financial Industry Regulatory Authority, Inc., 60051-60070 2016-20888 Miami International Securities Exchange, LLC, 60077-60080 2016-20894 NASDAQ BX, Inc., 60049-60051 2016-20961 NASDAQ PHLX, LLC, 60074-60077, 60110-60112 2016-20893 2016-20960 NASDAQ Stock Market, LLC, 60072-60074 2016-20962 National Stock Exchange, Inc., 60083-60088 2016-20883 New York Stock Exchange LLC;
NYSE MKT, LLC, 60031-60032 2016-20891 New York Stock Exchange, LLC, 60080-60083 2016-20892 NYSE Arca, Inc., 60037-60038, 60091-60093 2016-20881 2016-20884 NYSE MKT, LLC, 60038-60049, 60094-60097, 60108-60109 2016-20880 2016-20886 2016-20959 Options Clearing Corp., 60099-60108 2016-20882 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: God's Servant First: The Life and Legacy of Thomas More, 60112 2016-20966 Medardo Rosso: Experiments in Light and Form, 60112 2016-20957 Substance Substance Abuse and Mental Health Services Administration NOTICES Current List of HHS-Certified Laboratories and Instrumented Initial Testing Facilities That Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies, 60013-60014 2016-20936 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 60021 2016-20937 Surface Transportation Surface Transportation Board NOTICES Discontinuance of Service Exemptions: Michigan Southern Railroad Co., d/b/a Napoleon, Defiance and Western Railway in Henry County, OH, 60112-60113 2016-20744 Tennessee Tennessee Valley Authority RULES Tennessee River Obstructions Not Requiring a TVA Permit, 59846-59849 2016-20093 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 60119 2016-20872 Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60124-60127 2016-20958 2016-20970 2016-20985 2016-20993 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Arrival and Departure Record and Electronic System for Travel Authorization, 60014-60015 2016-20929 Separate Parts In This Issue Part II Homeland Security Department, 60130-60168 2016-20663 Part III Health and Human Services Department, Food and Drug Administration, 60170-60224 2016-20471 Part IV Presidential Documents, 60225-60234 2016-21138 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 169 Wednesday, August 31, 2016 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-3989; Directorate Identifier 2014-NM-220-AD; Amendment 39-18629; AD 2016-17-16] 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 BD-700-1A10 and BD-700-1A11 airplanes. This AD was prompted by in-service reports of passenger door tensator spring failures, and qualification testing indicating that non-conforming tensator springs could be susceptible to failure prior to reaching their safe-life limit. This AD requires revising the maintenance or inspection program to incorporate certain temporary revisions, and replacing the passenger door tensator springs with new springs. We are issuing this AD to prevent tensator spring failure, resulting in the inability to open the main passenger door, which could impede evacuation in the event of an emergency. DATES: This AD is effective October 5, 2016. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 5, 2016. ADDRESSES: For service information identified in this final rule, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email *thd.crj@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-2016-3989. 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-2016-3989; 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: Fabio Buttitta, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-7303; fax: 516-794-5531: email: *Fabio.Buttitta@faa.gov.* 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 BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published in the **Federal Register** on March 4, 2016 (81 FR 11471) (“the NPRM”). Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2014-39, dated November 4, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc. Model BD-700-1A10 and BD-700-1A11 airplanes. The MCAI states: Following the issuance of [Canadian] AD CF-2010-14, additional qualification testing of the passenger door tensator spring, Part Number (P/N) GS321-0580-1, determined that the tensator springs could be susceptible to failure prior to reaching the life limit mandated by [Canadian] AD CF-2010-14. In addition, there have been in-service reports of passenger door tensator spring failures. Investigation determined that the material used to manufacture the tensator springs [was] improperly heat treated. The passenger door assembly is installed with four tensator springs that assist the door actuator in opening and closing the door. In-service experience has shown that a failed tensator spring could uncoil and foul up the rotating tensator spools, resulting in the inability to open the main passenger door. The inability to open the main passenger door could impede evacuation in the event of an emergency. This [Canadian] AD mandates the revision to the approved maintenance schedule to reduce the repetitive discard task interval and mandates the replacement of non-conforming tensator springs. 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-2016-3989. 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. Request To Include Service Information Bombardier, Inc. requested that we revise the Related Service Information under 1 CFR part 51 section and paragraph
(g)of the proposed AD to include Temporary Revision
(TR)5-2-10, dated September 9, 2014, to Part 2, Section 5-10-11, of Bombardier Global 5000 GL 5000 Featuring Global Vision Flight Deck—Time Limits/Maintenance Checks. We agree to include TR 5-2-10, dated June 4, 2014, to Part 2, Section 5-10-11, of Bombardier Global 5000 GL 5000 Featuring Global Vision Flight Deck—Time Limits/Maintenance Checks, as requested by the commenter. Our intent is to correspond with TCCA Canadian AD CF-2014-39, dated November 4, 2014, which includes TR 5-2-9, dated September 9, 2014, to Part 2, Section 5-10-11, of Bombardier Global 5000 GL 5000 Featuring Global Vision Flight Deck—Time Limits/Maintenance Checks. TR 5-2-10, dated June 4, 2014, supersedes TR 5-2-9, dated September 9, 2014. We have included TR 5-2-10, dated June 4, 2014, in paragraph (g)(2) of this AD and redesignated subsequent paragraph identifiers accordingly. We have also included that same TR in the Related Service Information under 1 CFR part 51 section of this final rule. Since the NPRM inadvertently did not include a TR to Part 2, Section 5-10-11, of Bombardier Global 5000 GL 5000 Featuring Global Vision Flight Deck—Time Limits/Maintenance Checks, we must make this change to avoid operators needing to ask for approval of an alternative method of compliance
(AMOC)to use a TR in order to comply with the revision required by paragraph
(g)of this AD. In addition, we have revised paragraph
(g)of this AD to refer to Task Number 52-11-41-101 because some TRs include multiple tasks. This AD specifically addresses the passenger door tensator spring, part number GS321-0580-1, and the task number in the TRs for that component is 52-11-41-101. Request To Correct Typographical Error Bombardier, Inc. requested that we revise paragraph (g)(2) of the proposed AD to read “Model BD-700-1A10 airplanes,” instead of “Model BD-700-1A11 airplanes.” We agree. This was a typographical error, and has been corrected in paragraph (g)(3) of this AD (paragraph (g)(2) of the proposed AD). Request To Revise Compliance Time NetJets requested that we revise the proposed AD so that the threshold for the initial spring replacement is based on the AD effective date, and not the TR revision date. NetJets explained that paragraph
(g)of the proposed AD specifies that the compliance time for the initial replacement is per the TRs listed in paragraphs (g)(1) through (g)(4) of the proposed AD, or within 30 days after the AD effective date, whichever occurs later. NetJets explained further that the TRs base the threshold from the TR revision date of “Jun 04/2014,” and that by the time the final rule is released, the threshold in the TR will have been exceeded by approximately 2 years. NetJets argued that, therefore, the final rule will effectively mandate a 30-day threshold, which is an undue burden without technical justification. We do not agree with the request to revise the compliance time in this AD. The compliance time in this AD corresponds with the compliance time in Canadian AD CF-2014-39, dated November 4, 2014. In addition, the commenter did not provide any data to substantiate that extending the compliance time would provide an acceptable level of safety. After considering all the available information, we have determined that the compliance time, as proposed, represents an appropriate interval of time in which the required actions can be performed in a timely manner within the affected fleet, while still maintaining an adequate level of safety. Under the provisions of paragraph (k)(1) of this AD, however, we may consider requests for adjustments to the compliance time if data are submitted to substantiate that such an adjustment would provide an acceptable level of safety. We have made no changes to this AD in this regard. Request To Allow for Later-Approved Revisions of Service Information NetJets requested that we revise the NPRM to add provisions to allow later FAA-approved revisions to the time limits/maintenance checks manuals (TLMCM), so that an approval of an AMOC will not be required to incorporate the currently published TLMCM revision and future revisions. NetJets explained that the TRs specified in paragraphs (g)(1) through (g)(4) of the proposed AD have been incorporated in revisions to the listed TLMCMs. We find that clarification is necessary. Once operators have incorporated the task in the TR into their maintenance or inspection program, the task cannot be changed without approval of an AMOC. However, once the task in the TR is incorporated into the TLMCM, operators that use the TLMCM are still in compliance because the task has not changed. If a future revision of the TLMCM changes the task, then an AMOC would be needed to use the revised task. We have revised paragraph
(g)of this AD to clarify that the revision may be done by inserting copies of the TRs identified in paragraphs (g)(1) through (g)(5) of this AD into the applicable TLMCM. When the information in a TR has been included in general revisions of the applicable TLMCM, the general revisions may be inserted in the TLMCM, and the TR may be removed. Request for Clarification of the Necessity for a Life Limit Requirement NetJets requested that we clarify the necessity for the life limit requirement in paragraph
(i)of the proposed AD. NetJets stated that paragraph
(i)of the proposed AD requires a threshold of “. . . but not exceeding the applicable life limit of the passenger tensator spring . . .” without identifying the referenced life limit, and noted that the listed service information does not include a life limit requirement. We agree to clarify the requirement specified in paragraph
(i)of this AD and the necessity for that requirement. The passenger door assembly is installed with four tensator springs that assist the door actuator in opening and closing the door. In-service experience has shown that a failed tensator spring could uncoil and foul up the rotating tensator spools, resulting in the inability to open the main passenger door. The inability to open the main passenger door could impede evacuation in the event of an emergency. The actions required by this AD are necessary to address the identified unsafe condition. Paragraph
(g)of this AD mandates the revision to the approved maintenance schedule by incorporating TRs to reduce the repetitive discard task interval. Paragraph
(i)of this AD mandates, for certain airplanes, the replacement of non-conforming tensator springs within 15 months after the effective date of this AD, but not exceeding the applicable life limit of 1,500 landings for the component as listed in the applicable TRs identified in paragraph
(g)of this AD. The replacement is necessary to ensure the airplanes identified in section 1.A., “Effectivity,” of Bombardier Global 5000 Service Bulletin 700-1A11-52-023, dated October 4, 2013; or Bombardier Global Express/Global Express XRS Service Bulletin 700-52-046, dated October 4, 2013, replace the tensator springs within 15 months, as specified in that service information, but not later than the new life limit. We have revised paragraph
(i)of this AD to refer to the TRs in paragraph
(g)of this AD for the life limit. 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 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 Bombardier, Inc. service information: • Bombardier Global 5000 Service Bulletin 700-1A11-52-023, dated October 4, 2013. • Bombardier Global Express/Global Express XRS Service Bulletin 700-52-046, dated October 4, 2013. • TR 5-2-7, dated June 4, 2014, to Part 2, Section 5-10-11, of Bombardier Global Express XRS BD-700 Time Limits/Maintenance Checks (for Model BD-700-1A10 airplanes). • TR 5-2-10, dated September 9, 2014, to Part 2, Section 5-10-11, of Bombardier Global 5000 GL 5000 Featuring Global Vision Flight Deck—Time Limits/Maintenance Checks (for Model BD-700-1A11 airplanes). • TR 5-2-10, dated September 9, 2014, to Part 2, Section 5-10-11, of Bombardier Global 6000 GL 6000 Time Limits/Maintenance Checks (for Model BD-700-1A10 airplanes). • TR 5-2-13, dated June 4, 2014, to Part 2, Section 5-10-11, of Bombardier Global 5000 BD-700 Time Limits/Maintenance Checks (for Model BD-700-1A11 airplanes). • TR 5-2-44, dated June 4, 2014, to Part 2, Section 5-10-11, of Bombardier Global Express BD-700 Time Limits/Maintenance Checks (for Model BD-700-1A10 airplanes). The service information describes procedures for replacing passenger door tensator springs with new springs. 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 60 airplanes of U.S. registry. We also estimate that it would take about 40 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $204,000, or $3,400 per product. 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 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): **2016-17-16 Bombardier, Inc.:** Amendment 39-18629. Docket No. FAA-2016-3989; Directorate Identifier 2014-NM-220-AD.
(a)Effective Date This AD is effective October 5, 2016.
(b)Affected ADs None.
(c)Applicability This AD applies to Bombardier, Inc. Model BD-700-1A10 and BD-700-1A11 airplanes, certificated in any category, serial numbers 9002 and subsequent.
(d)Subject Air Transport Association
(ATA)of America Code 52, Doors.
(e)Reason This AD was prompted by in-service reports of passenger door tensator spring failures, and qualification testing indicating that non-conforming tensator springs could be susceptible to failure prior to reaching their safe-life limit. We are issuing this AD to prevent tensator spring failure, resulting in the inability to open the main passenger door, which could impede evacuation in the event of an emergency.
(f)Compliance Comply with this AD within the compliance times specified, unless already done.
(g)Maintenance or Inspection Program Revision Within 30 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate task number 52-11-41-101 as specified in the Temporary Revisions
(TRs)identified in paragraphs (g)(1) through (g)(5) of this AD. The compliance time for doing the initial replacement of the passenger door tensator springs with new springs is at the times specified in the applicable TR specified in paragraphs (g)(1) through (g)(5) of this AD, or within 30 days after the effective date of this AD, whichever occurs later. The revision required by this paragraph may be done by inserting copies of the TRs identified in paragraphs (g)(1) through (g)(5) of this AD into the applicable Time Limits/Maintenance Checks manual. When the information in a TR has been included in general revisions of the applicable Time Limits/Maintenance Checks manual, the general revisions may be inserted in the Time Limits/Maintenance Checks manual, and the TR may be removed.
(1)TR 5-2-7, dated June 4, 2014, to Part 2, Section 5-10-11, of Bombardier Global Express XRS BD-700 Time Limits/Maintenance Checks (for Model BD-700-1A10 airplanes).
(2)TR 5-2-10, dated September 9, 2014, to Part 2, Section 5-10-11, of Bombardier Global 5000 GL 5000 Featuring Global Vision Flight Deck—Time Limits/Maintenance Checks (for Model BD-700-1A11 airplanes).
(3)TR 5-2-10, dated September 9, 2014, to Part 2, Section 5-10-11, of Bombardier Global 6000 GL 6000 Time Limits/Maintenance Checks (for Model BD-700-1A10 airplanes).
(4)TR 5-2-13, dated June 4, 2014, to Part 2, Section 5-10-11, of Bombardier Global 5000 BD-700 Time Limits/Maintenance Checks (for Model BD-700-1A11 airplanes).
(5)TR 5-2-44, dated June 4, 2014, to Part 2, Section 5-10-11, of Bombardier Global Express BD-700 Time Limits/Maintenance Checks (for Model BD-700-1A10 airplanes).
(h)No Alternative Actions and Intervals After accomplishing the revision required by paragraph
(g)of this AD, no alternative actions ( *e.g.,* inspections) and intervals may be used unless the actions and intervals are approved as an alternative method of compliance
(AMOC)in accordance with the procedures specified in paragraph (k)(1) of this AD.
(i)Replacement For airplanes identified in section 1.A., “Effectivity,” of Bombardier Global 5000 Service Bulletin 700-1A11-52-023, dated October 4, 2013; or Bombardier Global Express/Global Express XRS Service Bulletin 700-52-046, dated October 4, 2013; except as provided by paragraph (j)(1) or (j)(2) of this AD: Within 15 months after the effective date of this AD, but not exceeding the applicable life limit of the passenger tensator spring identified in the applicable TR specified in paragraphs (g)(1) through (g)(5) of this AD, replace the passenger door tensator springs having part number (P/N) GS321-0580-1, with new springs, in accordance with the Accomplishment Instructions of Bombardier Global 5000 Service Bulletin 700-1A11-52-023, dated October 4, 2013; or Bombardier Global Express/Global Express XRS Service Bulletin 700-52-046, dated October 4, 2013; as applicable.
(j)Acceptable Alternative Actions for Paragraph
(i)of This AD
(1)For airplanes having serial numbers (S/N) 9278 through 9360 inclusive: Replacement of the passenger door tensator springs having P/N GS321-0580-1 with new springs before the effective date of this AD is acceptable for compliance with the requirements of paragraph
(i)of this AD. Refer to the task specified in the applicable TRs identified in paragraphs (g)(1) through (g)(5) of this AD for subsequent spring replacements.
(2)For airplanes with serial numbers other than those identified in paragraph (j)(1) of this AD: Accomplishment after the effective date of this AD of the “Time Limits/Maintenance Checks” discard task identified in the applicable service information specified in paragraphs (g)(1) through (g)(5) of this AD is acceptable for compliance with the requirements of paragraph
(i)of this AD.
(k)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 New York 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.
(l)Related Information Refer to Mandatory Continuing Airworthiness Information
(MCAI)Canadian AD CF-2014-39, dated November 4, 2014, 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-2016-3989.
(m)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)Temporary Revision 5-2-7, dated June 4, 2014, to Part 2, Section 5-10-11, of Bombardier Global Express XRS BD-700 Time Limits/Maintenance Checks.
(ii)Temporary Revision 5-2-10, dated September 9, 2014, to Part 2, Section 5-10-11, of Bombardier Global 5000 GL 5000 Featuring Global Vision Flight Deck—Time Limits/Maintenance Checks.
(iii)Temporary Revision 5-2-10, dated September 9, 2014, to Part 2, Section 5-10-11, of Bombardier Global 6000 GL 6000 Time Limits/Maintenance Checks.
(iv)Temporary Revision 5-2-13, dated June 4, 2014, to Part 2, Section 5-10-11, of Bombardier Global 5000 BD-700 Time Limits/Maintenance Checks.
(v)Temporary Revision 5-2-44, dated June 4, 2014, to Part 2, Section 5-10-11, of Bombardier Global Express BD-700 Time Limits/Maintenance Checks.
(vi)Bombardier Global Express/Global Express XRS Service Bulletin 700-52-046, dated October 4, 2013.
(vii)Bombardier Global 5000 Service Bulletin 700-1A11-52-023, dated October 4, 2013.
(3)For service information identified in this AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email *thd.crj@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 August 18, 2016. Dorr M. Anderson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-20693 Filed 8-30-16; 8:45 am]
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