Unknown. Final rule
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/register/2016/10/13/2016-22835·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-2016-10-13.xml --- 81 198 Thursday, October 13, 2016 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Meetings: National Advisory Council for Healthcare Research and Quality, 70682-70683 2016-24742 Agriculture Agriculture Department See Food Safety and Inspection Service Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: Cooperative Research Group on Ros-Industrial Consortium-Americas, 70705 2016-24720 Direct Monitoring of Flare Combustion Efficiency, 70704-70705 2016-24717 DVD Copy Control Assn., 70706-70707 2016-24718 OpenDaylight Project, Inc., 70705 2016-24721 Membership Changes under the National Cooperative Research and Production Act:
Cable Television Laboratories, Inc., 70706 2016-24724 IMS Global Learning Consortium, Inc., 70705-70706 2016-24722 Open Group, LLC, 70706 2016-24723 Army Army Department NOTICES Exclusive Patent Licenses: Perth, Western Australia, 70668-70669 2016-24748 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70683-70685 2016-24667 2016-24668 Meetings: Clinical Laboratory Improvement Advisory Committee, 70685-70686 2016-24785 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 70686 2016-24786 Civil Rights Civil Rights Commission NOTICES Meetings;
Sunshine Act, 70664-70665 2016-24956 Coast Guard Coast Guard NOTICES Waterway Suitability Assessments: Construction of Liquefied Natural Gas Facilities; Brownsville, TX, 70694-70695 2016-24752 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70739-70741 2016-24756 Consumer Product Consumer Product Safety Commission NOTICES Meetings;
Sunshine Act, 70668 2016-24941 Defense Department Defense Department See Army Department See Navy Department Drug Drug Enforcement Administration PROPOSED RULES Schedules of Controlled Substances: Temporary Placement of Mitragynine and 7-Hydroxymitragynine into Schedule I; Withdrawal, 70652-70654 2016-24659 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Applications to Export Electric Energy: Calpine Energy Services, LP, 70669-70670 2016-24757 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Maine, New Hampshire, Rhode Island, and Vermont; Interstate Transport of Air Pollution, 70631-70634 2016-24491 South Dakota; Revisions to Permitting Rules, 70626-70631 2016-24648 NOTICES Proposed Settlement Agreements: Clean Air Act Citizen Suit, 70677-70678 2016-24782 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 70595-70599 2016-22835 PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 70647-70649 2016-24508 Amendment of Class E Airspace:
Barter Island, AK, 70649-70650 2016-24625 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Air Traffic Slots Management, 70736-70737 2016-24772 Pilot Records Improvement Act of 1996; Pilot Records Database, 70736 2016-24771 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70678-70679 2016-24725 International Section 214 Authorization Orders;
Terminations: IP To Go, LLC, 70679-70680 2016-24770 Meetings: Open Commission; Amendment, 70679 2016-24781 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70739-70741 2016-24756 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70671-70673 2016-24727 Combined Filings, 70673-70677 2016-24760 2016-24761 2016-24765 2016-24766 Effectiveness of Exempt Wholesale Generator Status:
McHenry Battery Storage, LLC; East Pecos Solar, LLC; Solverde 1, LLC; et al., 70673 2016-24762 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Elevation Energy Group, LLC, 70670-70671 2016-24767 Exelon West Medway II, LLC, 70670 2016-24763 PSEG Energy Solutions, LLC, 70676 2016-24764 License Applications: Blackstone Hydro Associates, 70671 2016-24729 Cherokee Falls Hydroelectric Project, LLC, 70673-70674 2016-24728 West Street Hydro, Inc., 70670 2016-24730 Petitions for Declaratory Orders:
Arizona Public Service Co.; Pinnacle West Capital Corp., 70675 2016-24726 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 70680 2016-24769 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 70680-70681 2016-24942 Federal Motor Federal Motor Carrier Safety Administration RULES Commercial Driver's License Requirements: Moving Ahead for Progress in 21st Century Act; Military Commercial Driver's License Act of 2012, 70634-70646 2016-24749 NOTICES Qualification of Drivers;
Exemption Applications: Epilepsy and Seizure Disorders, 70737-70738 2016-24755 Federal Railroad Federal Railroad Administration NOTICES Petitions for Special Approvals of Alternate Standards, 70738-70739 2016-24678 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70739-70741 2016-24756 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 70682 2016-24671 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 70681-70682 2016-24669 2016-24672 2016-24753 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 70681 2016-24670 Fish Fish and Wildlife Service NOTICES Final Comprehensive Conservation Plans:
Guadalupe-Nipomo Dunes National Wildlife Refuge, San Luis Obispo County, CA, 70696-70697 2016-24737 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70664 2016-24733 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.
Citizenship and Immigration Services Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Museums Empowered: Professional Development and Capacity Building Opportunities for Museums: Museums for America Special Initiative, 70707-70708 2016-24681 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service PROPOSED RULES User Fees for Offers in Compromise, 70654-70658 2016-24666 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 70741-70742 2016-24663 2016-24665 Meetings: Advisory Committee, 70742 2016-24673 International Trade Adm International Trade Administration PROPOSED RULES Steel Import Monitoring and Analysis System, 70650-70652 2016-24649 International Trade Com International Trade Commission NOTICES Complaints: Certain Food Supplements and Vitamins, Including Ocular Antioxidants and Components Thereof and Products Containing Same, 70701-70702 2016-24711 Investigations;
Determinations, Modifications, and Rulings, etc.: Certain Arrowheads with Deploying Blades and Components Thereof and Packaging Therefor, 70702-70704 2016-24719 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Oregon; Amended Proposed Withdrawal, 70697 2016-24743 Legal Legal Services Corporation NOTICES Meetings;
Sunshine Act, 70707 2016-24935 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 70708-70709 2016-24750 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 70709-70710 2016-24714 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services See National Endowment for the Arts See National Endowment for the Humanities National Institute National Institute of Standards and Technology NOTICES Mouse Cell Line Authentication Consortium, 70665-70666 2016-24768 National Institute National Institutes of Health NOTICES Government-Owned Inventions;
Availability for Licensing, 70690-70691 2016-24693 Meetings: Biomedical Library and Informatics Review Committee, 70687 2016-24704 Diabetes Mellitus Interagency Coordinating Committee, 70691-70692 2016-24777 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 70689 2016-24706 Literature Selection Technical Review Committee, 70692 2016-24703 National Center for Complementary and Integrative Health, 70687 2016-24695 National Heart, Lung, and Blood Institute, 70688, 70691 2016-24694 2016-24707 National Institute of Allergy and Infectious Diseases, 70688-70690 2016-24685 2016-24686 2016-24687 National Institute of Diabetes and Digestive and Kidney Diseases, 70687-70688 2016-24691 National Institute of General Medical Sciences, 70688, 70693 2016-24683 2016-24689 National Institute of Mental Health, 70693-70694 2016-24692 National Library of Medicine, 70689-70690 2016-24705 National Library of Medicine Board of Regents, 70692-70693 2016-24702 Office of The Director, 70686-70687, 70689 2016-24684 2016-24688 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:
Modifications to Recordkeeping and Reporting Requirements, 70599-70607 2016-24457 PROPOSED RULES Fisheries of the Northeastern United States: Jonah Crab Fishery, 70658-70660 2016-24746 Fisheries Off West Coast States: Highly Migratory Fisheries; California Drift Gillnet Fishery: California/Oregon Large-Mesh Drift Gillnet Fishery; Protected Species Hard Caps, 70660-70663 2016-24780 NOTICES Endangered and Threatened Species: Recovery Plans, 70666-70667 2016-24716 Environmental Impact Statements;
Availability, etc.: He'eia National Estuarine Research Reserve, HI, 70666 2016-24679 Meetings: Fisheries of South Atlantic; South Atlantic Fishery Management Council, 70667-70668 2016-24677 Gulf of Mexico Fishery Management Council, 70668 2016-24712 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Park Service Concessions, 70697-70700 2016-24751 Navy Navy Department NOTICES Meetings: Board of Visitors, 70669 2016-24740 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Procedures for Handling of Retaliation Complaints under Section 1558 of Affordable Care Act, 70607-70626 2016-24559 Peace Peace Corps NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 70710 2016-24715 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70711 2016-24791 Appointments: Senior Executive Service-Performance Review Board, 70710-70711 2016-24789 Meetings: Federal Salary Council, 70710 2016-24792 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 70711-70712 2016-24713 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:
Columbus Day (Proc. 9520), 70915-70916 2016-24996 Fire Prevention Week (Proc. 9517), 70907-70910 2016-24992 General Pulaski Memorial Day (Proc. 9521), 70917-70918 2016-24997 International Day of the Girl (Proc. 9522), 70919-70921 2016-24999 Leif Erikson Day (Proc. 9519), 70913-70914 2016-24995 National School Lunch Week (Proc. 9518), 70911-70912 2016-24994 Presidio Presidio Trust NOTICES Wireless Telecommunications Sites, 70712 2016-24739 Securities Securities and Exchange Commission RULES Standards for Covered Clearing Agencies, 70786-70906 2016-23891 PROPOSED RULES Definition of Covered Clearing Agencies, 70744-70784 2016-23892 NOTICES Applications:
Hartford Funds Exchange-Traded Trust, et al., 70712-70714 2016-24708 Filings and Orders: Proposed Plan for Allocation of Regulatory Responsibilities between Financial Industry Regulatory Authority, Inc.; Bats BZX Exchange, Inc.; Bats BYX Exchange, Inc.; Bats EDGA Exchange, Inc.; and Bats EDGX Exchange, Inc., 70728-70735 2016-24709 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 70714-70716, 70718-70719 2016-24701 2016-24776 International Securities Exchange, LLC, 70721-70722 2016-24698 ISE Gemini, LLC, 70716-70718 2016-24697 ISE Mercury, LLC, 70726-70728 2016-24696 New York Stock Exchange, LLC, 70723-70726 2016-24775 NYSE Arca, Inc., 70719-70723 2016-24699 2016-24700 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:
Pierre Gouthiere: Virtuoso Gilder at French Court, 70735-70736 2016-24896 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70700-70701 2016-24774 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70695 2016-24682 Separate Parts In This Issue Part II Securities and Exchange Commission, 70744-70784 2016-23892 Part III Securities and Exchange Commission, 70786-70906 2016-23891 Part IV Presidential Documents, 70907-70921 2016-24996 2016-24992 2016-24997 2016-24999 2016-24995 2016-24994 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. 81 198 Thursday, October 13, 2016 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-8471; Directorate Identifier 2013-NM-153-AD; Amendment 39-18666; AD 2016-19-17] RIN 2120-AA64 Airworthiness Directives;
Bombardier, Inc. Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are superseding Airworthiness Directive
(AD)2010-23-19 for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, and 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, and Model CL-600-2D24 (Regional Jet Series 900) airplanes. AD 2010-23-19 required repetitive inspections for damage of the main landing gear
(MLG)inboard doors and fairing, and corrective actions if necessary. This new AD requires repetitive inspections for damage of the MLG inboard doors, MLG fairing, and adjacent structures of the MLG inboard doors, and corrective actions if necessary; replacement of the MLG fairing seal; and a terminating action involving increasing the clearances between the MLG fairing and MLG door. This new AD also adds one airplane and removes others from the applicability. This AD was prompted by reports of the MLG failing to fully extend. We are issuing this AD to prevent loss of controllability of the airplane during landing. DATES: This AD is effective November 17, 2016. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 17, 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-2015-8471. 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-2015-8471; 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 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: Ezra Sasson, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7320; fax 516-794-5531. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to supersede AD 2010-23-19, Amendment 39-16508 (75 FR 68695, November 9, 2010) (“AD 2010-23-19”). AD 2010-23-19 applied to certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, and 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, and Model CL-600-2D24 (Regional Jet Series 900) airplanes. The NPRM published in the **Federal Register** on January 20, 2016 (81 FR 3038) (“the NPRM”). The NPRM was prompted by reports of the MLG failing to fully extend. The NPRM proposed to continue to require repetitive inspections for damage of the MLG inboard doors and fairing, and corrective actions if necessary. The NPRM also proposed to require repetitive inspections for damage of the MLG inboard doors, MLG fairing, and adjacent structures of the MLG inboard doors, and corrective actions if necessary; replacement of the MLG fairing seal; and a terminating action involving increasing the clearances between the MLG fairing and MLG door. The NPRM also proposed to add one airplane and remove others from the applicability. We are issuing this AD to prevent loss of controllability of the airplane during landing. Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Airworthiness Directive CF-2010-36R1, dated July 18, 2013 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition on certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, and 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, and Model CL-600-2D24 (Regional Jet Series 900) airplanes. The MCAI states: Two cases of main landing gear
(MLG)failure to fully extend have been reported. An MLG failing to extend may result in an unsafe asymmetric landing configuration. Preliminary investigation has shown that interference between the MLG door and the MLG fairing seal prevented the MLG door from opening. This [Canadian] AD mandates the [detailed] inspection [for damage] and rectification [corrective action], as required, of the MLG fairing and seal, MLG door, and adjacent structures. Data collected from the Original Issue of this [Canadian] AD shows potential deficiencies with the inspection. This [Canadian] AD is revised to update the applicability section and to introduce additional mitigating actions and the terminating action [a modification that includes related investigative actions, and corrective action if necessary]. The unsafe condition is the loss of controllability of the airplane during landing. Damage includes the following: • For the MLG fairing seal: Cracks, cuts, or tears in the material of the MLG fairing seal, and cuts in the material base. • For the MLG inboard doors: Missing or broken rollers on the MLG inboard door, missing stops, loose or missing fasteners from the stops, and damage (including, but not limited to, corrosion, cracking, and dents) along the edge of the MLG inboard door adjacent to the MLG fairing. • For the MLG fairing: Missing forward and aft stops, loose or missing fasteners from the forward and aft stops, and damage (including, but not limited to, corrosion, cracking, and dents) along the edge of the MLG fairing adjacent to the MLG inboard door. • For the stops and wedges on the forward and aft spars: Missing stops, loose or missing fasteners from the stops, missing wedges, and loose or missing fasteners from the wedges. Corrective actions include replacement of MLG fairing seals, and increasing the clearances between the MLG fairing and MLG door. The terminating modification involves increasing the clearance between the left and right MLG fairings and the left and right MLG doors. Related investigative actions for the terminating modification include the following inspections: • A detailed inspection of the MLG fairing for missing forward and aft stops, loose or missing fasteners from the forward and aft stops, and damage along the edge of the MLG fairing adjacent to the MLG inboard door. • A detailed visual inspection of the MLG inboard door for missing or broken rollers on the MLG inboard door, missing stops, loose or missing fasteners from the stops, and damage along the edge of the MLG inboard door adjacent to the MLG fairing. • A detailed visual inspection on the stops and wedges on the forward and aft spars for missing stops, loose or missing fasteners from the stops, missing wedges, and loose or missing fasteners from the wedges. • A liquid penetrant inspection or an eddy current inspection for cracks in the aft stop-fitting and stiffener of the forward member of the MLG inboard door. 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-2015-8471. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comment received on the NPRM and the FAA's response to the comment. Support for the NPRM The Air Line Pilots Association, International (ALPA), stated that it supports the proposed requirements. Request To Revise Preflight Check ALPA requested that we mandate a flightcrew check of the MLG door from the rear during preflight checks of the aft portion of the MLG. ALPA stated that an informal poll of ALPA carriers suggested that there is not a universally required position from which to make such a check. ALPA suggested that including a specific MLG fairing seal check in the preflight procedures would enhance the preflight inspection. We do not agree with the commenter's request. The door seals have numerous marks and the only way to determine if there is significant damage to the MLG door fairing and seal would be to perform a detailed inspection as specified in Bombardier Alert Service Bulletin A670BA-32-030. Flightcrews are not trained to accomplish this inspection and would not be able to accurately assess the damage during the limited time assigned for the preflight check. Canadian AD CF-2010-36R1, dated July 18, 2013, requires increasing the clearance between the MLG fairings and the MLG doors. The effectiveness of Canadian AD CF-2010-36R1 is being monitored, and we have no information that the required modification is not effective. As of April 2016, Bombardier In-Service-Engineering has confirmed that there have been no reports of the MLG door being jammed in the MLG fairing on airplanes that have done the actions specified in Bombardier Service Bulletin 670BA-32-040. We have not changed this AD in this regard. Revised Service Information Bombardier, Inc. has issued Service Bulletin 670BA-32-040, Revision F, dated February 11, 2016, including Appendix A, Revision A, and Appendix B, Revision B, both dated July 12, 2014. This service information incorporates small editorial changes, which have no effect on airplanes that have incorporated prior revisions of this service information. We have revised paragraphs
(n)and
(o)of this AD to reference this service information as the appropriate source of service information for accomplishing the required actions in those paragraphs. We have also added a new paragraph (p)(3)(v) to this AD to give credit for accomplishment of the actions required by paragraph
(n)of this AD, if those actions were performed before the effective date of this AD using Bombardier Service Bulletin 670BA-32-040, Revision E, dated November 13, 2014. Clarification of Revised Repair Instruction We have clarified the revised repair instructions in paragraph (g)(4) of this AD by specifying that, as of the effective date of this AD, if damage other than the damage identified in paragraph (g)(3) of this AD is found the repairs must be approved using a method approved by the Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO). Conclusion We reviewed the available data, including the comment 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 changes: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Related Service Information Under 1 CFR Part 51 Bombardier, Inc. has issued Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013, which describes procedures for an inspection of the MLG inboard doors, MLG fairing, and adjacent structure of the MLG inboard doors. This service information also describes procedures for replacing damaged MLG fairing seal(s) and for a clearance check of the MLG door or, if necessary, for removing and/or installing a MLG door. Bombardier, Inc. has also issued Service Bulletin 670BA-32-040, Revision F, dated February 11, 2016, including Appendix A, Revision A, and Appendix B, Revision B, both dated July 12, 2014. This service information describes procedures for increasing the clearances between the fairing and the MLG inboard doors, and between the MLG fairing and adjacent structure of the MLG doors. This service information also describes procedures for adjusting the MLG doors. 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 416 airplanes of U.S. registry. The actions required by AD 2010-23-19 and retained in this AD take about 1 work-hour per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that were required by AD 2010-23-19 is $85 per inspection cycle for each product. We also estimate that it takes about 50 work-hours for each 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 $1,768,000, or $4,250 for each product. In addition, we estimate that any necessary follow-on replacement actions would take about 24 work-hours and require parts costing $2,626, for a cost of $4,666 per product. We have no way of determining the number of aircraft that might need these actions. 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 removing Airworthiness Directive
(AD)2010-23-19, Amendment 39-16508 (75 FR 68695, November 9, 2010), and adding the following new AD: **2016-19-17 Bombardier, Inc.:** Amendment 39-18666; Docket No. FAA-2015-8471; Directorate Identifier 2013-NM-153-AD.
(a)Effective Date This AD is effective November 17, 2016.
(b)Affected ADs This AD replaces AD 2010-23-19, Amendment 39-16508 (75 FR 68695, November 9, 2010) (“AD 2010-23-19”).
(c)Applicability This AD applies to the Bombardier, Inc. airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category.
(1)Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, having serial numbers (S/Ns) 10002 through 10333 inclusive.
(2)Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24 (Regional Jet Series 900) airplanes, having S/Ns 15001 through 15284 inclusive.
(d)Subject Air Transport Association
(ATA)of America Code 32: Landing gear.
(e)Reason This AD was prompted by reports of the main landing gear
(MLG)failing to fully extend. We are issuing this AD to prevent loss of controllability of the airplane during landing.
(f)Compliance Comply with this AD within the compliance times specified, unless already done.
(g)Retained Repetitive Inspections and Corrective Actions, With New Service Information and Revised Repair Instructions
(1)This paragraph restates the requirements of paragraph
(g)of AD 2010-23-19, with new service information. For airplanes having S/Ns 10003 through 10313 inclusive, 15001 through 15238 inclusive, and 15240 through 15255 inclusive: Within 50 flight cycles after November 24, 2010 (the effective date of AD 2010-23-19), do the inspections specified in paragraphs (g)(1)(i) through (g)(1)(iv) of this AD, in accordance with “PART A—Inspection of the MLG Inboard Doors, MLG Fairing and Adjacent Structure,” of the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision A, dated October 22, 2010; or Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013; as applicable. As of the effective date of this AD, use only Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013, to accomplish the actions required by this paragraph. Repeat the inspections thereafter at intervals not to exceed 600 flight hours.
(i)Do a detailed inspection for damage (including wear lines, cracks, fraying, tears, and evidence of chafing) of the rubber seal of the MLG fairing.
(ii)Do a detailed inspection for damage (including missing and broken rollers, loose and missing fasteners, and damaged and missing stops) of the MLG inboard doors, and for damage along the edge of the MLG inboard door adjacent to the MLG fairing.
(iii)Do a detailed inspection of the MLG fairing for damage (including missing forward and aft stops, and loose and missing fasteners), and for damage along the edge of the MLG fairing adjacent to the MLG door.
(iv)Do a detailed inspection for damage (including missing stops, loose and missing fasteners, and missing wedges) of the stops and wedges on the forward and aft spars.
(2)This paragraph restates the requirements of paragraph
(h)of AD 2010-23-19, with revised service information. For airplanes not identified in paragraph (g)(1) of this AD, excluding the airplane having S/N 10002, and excluding airplanes having MLG fairing seals having part numbers (P/Ns) CC670-39244-5 and CC670-39244-6: Within 600 flight hours after November 24, 2010 (the effective date of AD 2010-23-19), do the inspections specified in paragraphs (g)(2)(i) through (g)(2)(iv) of this AD, in accordance with “PART A—Inspection of the MLG Inboard Doors, MLG Fairing and Adjacent Structure,” of the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision A, dated October 22, 2010; or Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013. As of the effective date of this AD, use only Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013, to accomplish the actions required by this paragraph. Repeat the inspections thereafter at intervals not to exceed 600 flight hours.
(i)Do a detailed inspection for damage (including wear lines, cracks, fraying, tears, and evidence of chafing) of the rubber seal of the MLG fairing.
(ii)Do a detailed inspection for damage (including missing and broken rollers, loose and missing fasteners, and damaged and missing stops) of the MLG inboard doors, and for damage along the edge of the MLG inboard door adjacent to the MLG fairing.
(iii)Do a detailed inspection of the MLG fairing for damage (including missing forward and aft stops, and loose and missing fasteners), and for damage along the edge of the MLG fairing adjacent to the MLG door.
(iv)Do a detailed inspection for damage (including missing stops, loose and missing fasteners, and missing wedges) of the stops and wedges on the forward and aft spars.
(3)This paragraph restates the requirements of paragraph
(i)of AD 2010-23-19, with revised service information. If damage to only the rubber seal on the MLG fairing is found during any inspection required by paragraph (g)(1) or (g)(2) of this AD, before further flight, do either action specified in paragraph (g)(3)(i) or (g)(3)(ii) of this AD.
(i)Replace the rubber seal on the MLG fairing with a new rubber seal, in accordance with “PART B—Replacement of the Forward Rubber Seal on the MLG Fairing,” of the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision A, dated October 22, 2010; or the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013. As of the effective date of this AD, use only Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013, to accomplish the actions required by this paragraph.
(ii)Remove the MLG inboard door, in accordance with “PART C—Removal of MLG Inboard Door,” of the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision A, dated October 22, 2010; or Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013. For airplanes on which the MLG inboard door is re-installed, do the installation of the MLG inboard door in accordance with “PART D—Installation of MLG Inboard Door,” of the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision A, dated October 22, 2010; or Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013. As of the effective date of this AD, use only Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013, to accomplish the actions required by this paragraph.
(4)This paragraph restates the requirements of paragraph
(j)of AD 2010-23-19, with revised repair instructions. If damage other than the damage identified in paragraph (g)(3) of this AD is found during any inspection required by paragraph (g)(1) or (g)(2) of this AD, before further flight, contact the Bombardier Regional Aircraft Customer Response Center for repair instructions and do the repair; or repair using a method approved by the Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO). As of the effective date of this AD, if damage other than the damage identified in paragraph (g)(3) of this AD is found during any inspection required by paragraph (g)(1) or (g)(2) of this AD, before further flight, repair using a method approved by the Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.
(h)New Inspections of MLG Fairing Seal Having P/N CC670-39244-1 or CC670-39244-2 For airplanes on which an MLG fairing seal having P/N CC670-39244-1 or P/N CC670-39244-2 is installed: At the applicable time specified in paragraph (i)(1) of this AD, do the inspections specified in paragraphs (h)(1) through (h)(4) of this AD, in accordance with the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013, except as specified in paragraph
(o)of this AD. Repeat the inspections thereafter at the time specified in paragraph (i)(2) of this AD.
(1)Do a detailed inspection for damage (including cracking, cuts, and tears in the material (fabric/rubber)) of the MLG fairing and seal.
(2)Do a detailed inspection for damage (including missing and broken rollers, loose and missing fasteners, and damaged and missing stops) of the MLG inboard doors, and for damage along the edge of the MLG inboard door adjacent to the MLG fairing.
(3)Do a detailed inspection of the MLG fairing for damage (including missing forward and aft stops, and loose and missing fasteners), and for damage (including, but not limited to, corrosion, cracking, and dents) along the edge of the MLG fairing adjacent to the MLG door.
(4)Do a detailed inspection for damage (including missing stops, loose and missing fasteners, and missing wedges) of the stops and wedges on the forward and aft spars.
(i)New Compliance Times for the Actions Required by Paragraph
(h)of This AD This paragraph specifies the compliance times for the actions required by paragraph
(h)of this AD.
(1)The initial compliance time is specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD.
(i)For airplanes having S/Ns 10002 through 10313 inclusive; 15001 through 15238 inclusive; and S/Ns 15240 through 15255 inclusive: Within 50 flight cycles after the effective date of this AD.
(ii)For all other airplane serial numbers: Within 600 flight hours after the effective date of this AD.
(2)Repeat the inspections specified in paragraph
(h)of this AD at the earlier of the times specified in paragraphs (i)(2)(i) and (i)(2)(ii) of this AD.
(i)Repeat the inspections within 200 flight hours after the effective date of this AD. Repeat the inspections thereafter at intervals not to exceed 200 flight hours.
(ii)Repeat the inspections within 600 flight hours after the most recent inspection done in accordance with the requirements of AD 2010-23-19. Repeat the inspections thereafter at intervals not to exceed 200 flight hours.
(j)New Corrective Actions
(1)If any damage to the MLG fairing seal is found during any inspection required by paragraph
(h)of this AD: Before further flight, do the actions specified in paragraph (j)(1)(i) or (j)(1)(ii) of this AD, except as specified in paragraph
(o)of this AD.
(i)Before further flight, remove the MLG inboard doors, in accordance with Part C of the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013. For airplanes on which the MLG inboard door is re-installed, do the installation of the MLG inboard door in accordance with Part D of the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013.
(ii)Before further flight, replace the MLG fairing seals, in accordance with Part E of the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013. Within 200 flight hours after installing the MLG fairing seals, do the actions required by paragraph
(h)of this AD.
(2)If any damage other than that specified in paragraph (j)(1) of this AD is found, or if parts or fasteners are found missing, during any inspection required by paragraph
(h)of this AD, before further flight, repair using a method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.
(k)New Replacement of MLG Fairing Seals Within 2,500 flight hours or 12 months, whichever occurs first, after the effective date of this AD: Replace any MLG fairing seals having P/Ns CC670-39244-1 and CC670-39244-2 with P/Ns CC670-39244-5 and CC670-39244-6, respectively, in accordance with Part E of the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013, except as specified in paragraph
(o)of this AD.
(l)New MLG Fairing Seal Post-Replacement Inspections Within 600 flight hours after installing fairing seals having P/Ns CC670-39244-5 or CC670-39244-6: Do the inspections specified in paragraphs (h)(1) through (h)(4) of this AD, in accordance with the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013. If any damage to the MLG fairing seal is found during any inspection required by this paragraph: Before further flight, do the applicable actions specified in paragraph (j)(1) or (j)(2) of this AD. If no damage is found during any inspection required by this paragraph, repeat the inspections specified in paragraphs (h)(1) through (h)(4) of this AD thereafter at intervals not to exceed 600 flight hours, except as provided in paragraph
(m)of this AD.
(m)New Exception to MLG Fairing Seal Post-Replacement Inspections After accomplishment of the initial inspections specified in paragraph
(l)of this AD, removal of the MLG inboard door, in accordance with the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013, defers the repetitive inspections required by paragraph
(l)of this AD until the MLG inboard door is re-installed. For airplanes on which the MLG inboard door is re-installed, do the installation of the MLG inboard door in accordance with the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013, except as specified in paragraph
(o)of this AD; and before the accumulation of 600 flight hours on the MLG inboard door since the actions required by paragraph
(k)of this AD were accomplished, do the inspections specified in paragraph
(l)of this AD, and repeat the inspections thereafter at the applicable time specified in paragraph
(l)of this AD.
(n)New Terminating Modification Within 6,600 flight hours or 36 months, whichever occurs first after the effective date of this AD: Modify the airplane by increasing the clearance between the left and right MLG fairings and the left and right MLG doors; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-040, Revision F, dated February 11, 2016, including Appendix A, Revision A, and Appendix B, Revision B, both dated July 12, 2014, except as provided by paragraph
(o)of this AD. Do all applicable related investigative and corrective actions before further flight. If an MLG door has been removed, the modification may be delayed until the MLG door is re-installed in accordance with the Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013. Accomplishing this modification terminates the requirements of paragraphs
(g)through
(m)of this AD for that MLG door.
(o)Exceptions to Bombardier Service Information Where Bombardier Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013; and Bombardier Service Bulletin 670BA-32-040, Revision F, dated February 11, 2016, including Appendix A, Revision A, and Appendix B, Revision B, dated July 12, 2014; specify to contact the Bombardier Customer Response Center for an analysis or to get an approved disposition, repair using a method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.
(p)Credit for Previous Actions
(1)This paragraph restates the provisions of paragraph
(l)of AD 2010-23-19, with additional service information. This paragraph provides credit for the actions required by paragraph
(g)of this AD, if those actions were performed before November 24, 2010 (the effective date of AD 2010-23-19), using Bombardier Alert Service Bulletin A670BA-32-030, dated October 18, 2010; or Bombardier Alert Service Bulletin A670BA-32-030, Revision A, dated October 22, 2010.
(2)This paragraph provides credit for the corresponding actions required by paragraphs (g)(1), (g)(2), (g)(3)(i), (g)(3)(ii), (h), (j)(1), (k), (l), (m), and
(n)of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraph (p)(2)(i), (p)(2)(ii), or (p)(2)(iii) of this AD.
(i)Bombardier Alert Service Bulletin A670BA-32-030, Revision A, including Appendix A, dated October 22, 2010.
(ii)Bombardier Alert Service Bulletin A670BA-32-030, Revision B, dated November 3, 2011.
(iii)Bombardier Alert Service Bulletin A670BA-32-030, Revision C, dated March 13, 2013.
(3)This paragraph provides credit for the corresponding actions required by paragraph
(n)of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraph (p)(3)(i), (p)(3)(ii), (p)(3)(iii), (p)(3)(iv), or (p)(3)(v) of this AD.
(i)Bombardier Service Bulletin 670BA-32-040, Revision A, dated March 13, 2013.
(i)Bombardier Service Bulletin 670BA-32-040, Revision B, dated August 6, 2013.
(iii)Bombardier Service Bulletin 670BA-32-040, Revision C, dated November 1, 2013.
(iv)Bombardier Service Bulletin 670BA-32-040, Revision D, dated July 2, 2014.
(v)Bombardier Service Bulletin 670BA-32-040, Revision E, dated November 13, 2014.
(q)Other FAA AD Provisions The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, New York 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.
(2)*Contacting the Manufacturer:* As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval must include the DAO-authorized signature.
(r)Related Information
(1)Refer to Mandatory Continuing Airworthiness Information
(MCAI)Canadian Airworthiness Directive CF-2010-36R1, dated July 18, 2013, 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-2015-8471.
(2)Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (s)(3) and (s)(4) of this AD.
(s)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 Alert Service Bulletin A670BA-32-030, Revision D, dated August 6, 2013.
(ii)Bombardier Service Bulletin 670BA-32-040, Revision F, dated February 11, 2016, including the following appendices.
(A)Appendix A, Revision A, dated July 12, 2014.
(B)Appendix B, Revision B, dated July 12, 2014.
(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 September 14, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-22835 Filed 10-12-16; 8:45 am]
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