Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes, 36862-36865 [05-12637]
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36862
Federal Register / Vol. 70, No. 122 / Monday, June 27, 2005 / Proposed Rules
Marketing Agreement and Interim
Order Amending the Order
Annexed hereto and made a part
hereof is a Marketing Agreement
regulating the handling of milk. The
Order amending the order regulating the
handling of milk in the Arizona-Las
Vegas marketing area was approved by
producers and published in the Federal
Register on March 1, 2005 (70 FR 9846),
as an Interim Final Rule. Both of these
documents have been decided upon as
the detailed and appropriate means of
effectuating the foregoing conclusions.
It is hereby ordered, that this entire
partial final decision and the Marketing
Agreement annexed hereto be published
in the Federal Register.
Determination of Producer Approval
and Representative Period
The month of July 2004 is hereby
determined to be the representative
period for the purpose of ascertaining
whether the issuance of the order, as
amended in the Interim Final Rule
published in the Federal Register on
March 1, 2005 (70 FR 9846), regulating
the handling of milk in the Arizona-Las
Vegas marketing area is approved or
favored by producers, as defined under
the terms of the order (as amended and
as hereby proposed to be amended),
who during such representative period
were engaged in the production of milk
for sale within the aforesaid marketing
area.
List of Subjects in 7 CFR Part 1131
Milk Marketing order.
Dated: June 20, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing
Service.
Order Amending the Order Regulating
the Handling of Milk in the Arizona-Las
Vegas Marketing Area
This order shall not become effective
unless and until the requirements of
§ 900.14 of the rules of practice and
procedure governing proceedings to
formulate marketing agreements and
marketing orders have been met.
Findings and Determinations
The findings and determinations
hereinafter set forth supplement those
that were made when the order was first
issued and when it was amended. The
previous findings and determinations
are hereby ratified and confirmed,
except where they may conflict with
those set forth herein.
(a) Findings. A public hearing was
held upon certain proposed
amendments to the tentative marketing
agreement and to the order regulating
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the handling of milk in the Arizona-Las
Vegas marketing area. The hearing was
held pursuant to the provisions of the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
and the applicable rules of practice and
procedure (7 CFR part 900).
Upon the basis of the evidence
introduced at such hearing and the
record thereof, it is found that:
(1) The said order as hereby amended,
and all of the terms and conditions
thereof, will tend to effectuate the
declared policy of the Act;
(2) The parity prices of milk, as
determined pursuant to section 2 of the
Act, are not reasonable in view of the
price of feeds, available supplies of
feeds, and other economic conditions
which affect market supply and demand
for milk in the aforesaid marketing area.
The minimum prices specified in the
order as hereby amended are such
prices as will reflect the aforesaid
factors, insure a sufficient quantity of
pure and wholesome milk, and be in the
public interest; and
(3) The said order as hereby amended
regulates the handling of milk in the
same manner as, and is applicable only
to persons in the respective classes of
industrial or commercial activity
specified in, a marketing agreement
upon which a hearing has been held.
Order Relative To Handling
It is therefore ordered, that on and
after the effective date hereof, the
handling of milk in the Arizona-Las
Vegas marketing area shall be in
conformity to and in compliance with
the terms and conditions of the order, as
amended, and as hereby amended, as
follows:
The provision of the order amending
the orders contained in the interim
amendment of the orders issued by the
Administrator, Agricultural Marketing
Service, on April 19, 2004, and
published in the Federal Register on
April 23, 2004 (69 FR 21950), are
adopted without change and, shall be
the terms and provisions of this order.
[This marketing agreement will not appear in
the Code of Federal Regulations]
Marketing Agreement Regulating the
Handling of Milk in Certain Marketing
Areas
The parties hereto, in order to
effectuate the declared policy of the Act,
and in accordance with the rules of
practice and procedure effective
thereunder (7 CFR Part 900), desire to
enter into this marketing agreement and
do hereby agree that the provisions
referred to in paragraph I hereof as
augmented by the provisions specified
in paragraph II hereof, shall be and are
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the provisions of this marketing
agreement as if set out in full herein.
I. The findings and determinations,
order relative to handling, and the
provisions of §§ 1131.1 to 1131.86 all
inclusive, of the order regulating the
handling of milk in the Arizona-Las
Vegas marketing area (7 CFR Part 1131)
which is annexed hereto; and
II. The following provisions: Record
of milk handled and authorization to
correct typographical errors.
(a) Record of milk handled. The
undersigned certifies that he/she
handled during the month of __ 2005,
hundredweight of milk covered by this
marketing agreement.
(b) Authorization to correct
typographical errors. The undersigned
hereby authorizes the Deputy
Administrator, or Acting Deputy
Administrator, Dairy Programs,
Agricultural Marketing Service, to
correct any typographical errors which
may have been made in this marketing
agreement.
Effective date. This marketing
agreement shall become effective upon
the execution of a counterpart hereof by
the Department in accordance with
Section 900.14(a) of the aforesaid rules
of practice and procedure.
In Witness Whereof, The contracting
handlers, acting under the provisions of
the Act, for the purposes and subject to
the limitations herein contained and not
otherwise, have hereunto set their
respective hands and seals.
Signature
By (Name) lllllllllllllll
(Title) lllllllllllllllll
(Address) llllllllllllllll
(Seal)
Attest
[FR Doc. 05–12618 Filed 6–24–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003–NM–163–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier
Model CL–600–2B19 (Regional Jet
Series 100 & 440) Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking; reopening of
comment period.
AGENCY:
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Federal Register / Vol. 70, No. 122 / Monday, June 27, 2005 / Proposed Rules
SUMMARY: This document revises an
earlier proposed airworthiness directive
(AD), applicable to certain Bombardier
Model CL–600–2B19 (Regional Jet
Series 100 & 440) airplanes, that would
have required performing repetitive
inspections of the electrical harnesses of
the spoiler and the brake pressure
sensor unit on both sides of the wing
root to detect any chafing or wire
damage, and repairing or replacing any
damaged or chafed harness or wire with
a new harness, as applicable. This new
action revises the proposed rule by
expanding the applicability to include
additional airplanes, deleting the
repetitive inspections, and by adding a
terminating modification for the onetime inspection. The actions specified
by this new proposed AD are intended
to detect and correct chafing of the
electrical cables of the spoiler and brake
pressure sensor unit on both sides of the
wing root, which could result in loss of
flight control system and consequent
reduced controllability of the airplane.
This action is intended to address the
identified unsafe condition.
DATES: Comments must be received by
July 22, 2005.
ADDRESSES: Submit comments in
triplicate to the Federal Aviation
Administration (FAA), Transport
Airplane Directorate, ANM–114,
Attention: Rules Docket No. 2003–NM–
163–AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055–4056.
Comments may be inspected at this
location between 9 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays. Comments may be submitted
via fax to (425) 227–1232. Comments
may also be sent via the Internet using
the following address: 9-anmnprmcomment@faa.gov. Comments sent
via fax or the Internet must contain
‘‘Docket No. 2003–NM–163–AD’’ in the
subject line and need not be submitted
in triplicate. Comments sent via the
Internet as attached electronic files must
be formatted in Microsoft Word 97 or
2000 or ASCII text.
The service information referenced in
the proposed rule may be obtained from
Bombardier, Inc., Canadair, Aerospace
Group, P.O. Box 6087, Station Centreville, Montreal, Quebec H3C 3G9,
Canada. This information may be
examined at the FAA, Transport
Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at
FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, suite 410,
Westbury, New York.
FOR FURTHER INFORMATION CONTACT:
Wing Chan, Aerospace Engineer,
Systems and Flight Test Branch, ANE–
172, FAA, New York Aircraft
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Certification Office, 1600 Stewart
Avenue, suite 410, Westbury, New York
11590; telephone (516) 228–7311; fax
(516) 794–5531.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to
participate in the making of the
proposed rule by submitting such
written data, views, or arguments as
they may desire. Communications shall
identify the Rules Docket number and
be submitted in triplicate to the address
specified above. All communications
received on or before the closing date
for comments, specified above, will be
considered before taking action on the
proposed rule. The proposals contained
in this action may be changed in light
of the comments received.
Submit comments using the following
format:
• Organize comments issue-by-issue.
For example, discuss a request to
change the compliance time and a
request to change the service bulletin
reference as two separate issues.
• For each issue, state what specific
change to the proposed AD is being
requested.
• Include justification (e.g., reasons or
data) for each request.
Comments are specifically invited on
the overall regulatory, economic,
environmental, and energy aspects of
the proposed rule. All comments
submitted will be available, both before
and after the closing date for comments,
in the Rules Docket for examination by
interested persons. A report
summarizing each FAA-public contact
concerned with the substance of this
proposal will be filed in the Rules
Docket.
Commenters wishing the FAA to
acknowledge receipt of their comments
submitted in response to this action
must submit a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket Number 2003–NM–163–AD.’’
The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this
NPRM by submitting a request to the
FAA, Transport Airplane Directorate,
ANM–114, Attention: Rules Docket No.
2003–NM–163–AD, 1601 Lind Avenue,
SW., Renton, Washington 98055–4056.
Discussion
A proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR
part 39) to add an airworthiness
directive (AD), applicable to certain
Bombardier Model CL–600–2B19
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36863
(Regional Jet Series 100 & 440)
airplanes, was published as a notice of
proposed rulemaking (NPRM) (hereafter
the ‘‘original NPRM’’) in the Federal
Register on March 11, 2004 (69 FR
11554). The original NPRM would have
required performing repetitive
inspections of the electrical harnesses of
the spoiler and the brake pressure
sensor unit on both sides of the wing
root to detect any chafing or wire
damage, and repairing or replacing any
damaged or chafed harness or wire with
a new harness, as applicable. The
original NPRM was prompted by reports
of chafing of the electrical cables of the
spoiler and brake pressure sensor unit
(BPSU) on both sides of the wing root.
That condition, if not corrected, could
result in chafing of the electrical cables
of the spoiler and brake pressure sensor
unit on both sides of the wing root,
which could result in loss of flight
control system and consequent reduced
controllability of the airplane.
Actions Since Issuance of the Original
NRPM
Since the issuance of the original
NPRM, Transport Canada Civil Aviation
(TCCA), which is the airworthiness
authority for Canada, has issued
Canadian airworthiness directive CF–
2003–14R1, dated January 26, 2005,
which supersedes Canadian
airworthiness directive CF–2003–14,
dated May 15, 2003 (referenced in the
original NPRM). Revision 1 of that
airworthiness directive mandates the
actions specified in Bombardier Alert
Service Bulletin A601R–27–133,
Revision ‘A,’ dated September 16, 2004,
described below. Revision 1 also
expands the applicability of Canadian
airworthiness directive CF–2003–14 to
include additional airplane serial
numbers that are subject to the
identified unsafe condition.
Bombardier has issued Alert Service
Bulletin A601R–27–133, Revision ‘‘A,’’
dated September 16, 2004. The service
bulletin describes, among other actions,
procedures for performing a one-time or
repetitive general visual inspections, as
applicable, for chafing or wire damage
of the electrical harnesses of the spoiler
and the BPSU on both sides of the wing
root, and repairing or replacing any
damaged or chafed harness or wire with
a new harness, as applicable. These
actions are identical to those specified
in Bombardier Alert Service Bulletin
A601R–27–101, initial issue, dated
April 17, 2000; and Revision ‘‘A,’’ dated
October 26, 2001 (referenced in the
original NPRM as the appropriate source
of service information).
The service bulletin also describes
procedures for modifying the routing
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Federal Register / Vol. 70, No. 122 / Monday, June 27, 2005 / Proposed Rules
and support of the electrical harnesses
of the spoiler and the brake pressure
sensor unit (BPSU) on both sides of the
wing root. The modification involves
replacing spacer standoffs with new
standoffs; replacing cable clamps with
new clamps; rerouting the electrical
harnesses; installing a nylon feedthru
assembly and a layer of Teflon conduit;
as applicable.
Accomplishing the actions specified
in Bombardier Alert Service Bulletin
A601R–27–133, Revision ‘‘A,’’ dated
September 16, 2004, is intended to
adequately address the unsafe
condition. TCCA classified the alert
service bulletin as mandatory to ensure
the continued airworthiness of these
airplanes in Canada.
FAA’s Determination
We have examined the findings of the
TCCA, reviewed all available
information, and determined that it is
necessary to revise the original NPRM.
Therefore, we are proposing this AD,
which would expand the applicability
of the original NPRM to include
additional airplanes, add a terminating
modification, eliminate the repetitive
inspections, and refer to Bombardier
Alert Service Bulletin A601R–27–133,
Revision ‘‘A,’’ dated September 16,
2004, as the appropriate source of
service information for accomplishing
the proposed actions.
TCCA airworthiness directive CF–
2003–14R1 requires, for certain
airplanes, repetitive general visual
inspections at intervals not to exceed
4,000 flight hours, until accomplishing
a terminating modification (i.e.,
modifying the routing and support of
the electrical harnessess of the spoiler
and the BPSU on both sides of the wing
root) within 4,000 flight hours after the
effective date of the TCCA airworthiness
directive. We have determined that the
repetitive general visual inspections are
not necessary in this supplemental
NPRM (only a one-time general visual
inspection), since the terminating
modification would be done within the
same compliance time as the repetitive
inspections.
TCCA airworthiness directive
CF–2003–14R1 also requires, before
further flight, repairing any damaged or
chafed electrical harness found during
the visual inspection (i.e., within 500
flight hours after the effective date of the
TCAA airworthiness directive), and
requires, within 4,000 flight hours after
the repair, replacing any damage or
chafed harness or wire with a new
harness. Therefore, the TCAA
airworthiness directive requires the
subject replacement to be done at 4,500
flight hours (includes 500 flight hours
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for the inspection), which is after the
4,000 flight-hour compliance time for
doing the terminating modification. We
have determined that the proposed
replacement should be done at the same
time as the terminating modification. In
light of this, this supplemental NPRM
would require, within 3,500 flight hours
after the repair, replacing any damaged
or chafed harness or wire with a new
harness.
These differences have been
coordinated with the TCCA.
Conclusion
Since these changes expand the scope
of the original NPRM, we have
determined that it is necessary to reopen
the comment period to provide
additional opportunity for public
comment.
Comments Received
Due consideration has been given to
the following comment received in
response to the original NPRM:
One commenter requests that
paragraph (c) of the original NPRM be
revised to give operators credit for
accomplishing inspections before the
effective date of this AD in accordance
with Bombardier Alert Service Bulletin
A601R–27–101, Initial Issue, dated
April 17, 2000. The commenter states
that the only change made to Part A of
Revision ‘‘A,’’ of the service bulletin
was the deletion of the inspection of the
aileron harness and thus has no affect
on the intent of what is specified in
paragraph (a) of the original NPRM. The
commenter also states that the original
NPRM, as written, would require
operators to unnecessarily perform
similar, and even less involved, initial
inspections again.
We agree with the commenter’s
request and have revised paragraph (c)
of the supplemental NPRM to give
operators credit for accomplishing
inspections before the effective date of
this AD in accordance with Bombardier
Alert Service Bulletin A601R–27–101,
Initial Issue, dated April 17, 2000. In
addition, we have revised paragraph (c)
of the supplemental NPRM to give
operators credit for accomplishing
inspections, replacements, and repairs
before the effective date of this AD in
accordance with Bombardier Alert
Service Bulletin A601R–27–101,
Revision ‘‘A,’’ dated October 26, 2001;
or Bombardier Alert Service Bulletin
A601R–27–133, Initial Issue, dated July
12, 2004.
Cost Impact
The FAA estimates that 709 airplanes
of U.S. registry would be affected by this
proposed AD.
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It would take approximately 1 work
hour per airplane to accomplish the
proposed inspection, and that the
average labor rate is $65 per work hour.
Based on these figures, the cost impact
of the inspection proposed by this AD
on U.S. operators is estimated to be
$46,085, or $65 per airplane.
It would take approximately 5 work
hours per airplane to accomplish the
proposed modification, and that the
average labor rate is $65 per work hour.
Required parts would be supplied by
the airplane manufacturer at no cost to
operators. Based on these figures, the
cost impact of the modification
proposed by this AD on U.S. operators
is estimated to be $230,425, or $325 per
airplane.
The cost impact figures discussed
above are based on assumptions that no
operator has yet accomplished any of
the proposed requirements of this AD
action, and that no operator would
accomplish those actions in the future if
this AD were not adopted. The cost
impact figures discussed in AD
rulemaking actions represent only the
time necessary to perform the specific
actions actually required by the AD.
These figures typically do not include
incidental costs, such as the time
required to gain access and close up,
planning time, or time necessitated by
other administrative 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 Impact
The regulations proposed herein
would not have a substantial direct
effect on the States, on the relationship
between the national Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. Therefore,
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Federal Register / Vol. 70, No. 122 / Monday, June 27, 2005 / Proposed Rules
it is determined that this proposal
would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I
certify that this proposed regulation (1)
is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under the DOT
Regulatory Policies and Procedures (44
FR 11034, February 26, 1979); and (3) if
promulgated, 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. A copy of the draft
regulatory evaluation prepared for this
action is contained in the Rules Docket.
A copy of it may be obtained by
contacting the Rules Docket at the
location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the Federal Aviation
Administration proposes to amend part
39 of the Federal Aviation Regulations
(14 CFR part 39) as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. Section 39.13 is amended by
adding the following new airworthiness
directive:
Bombardier, Inc. (Formerly Canadair):
Docket 2003–NM–163–AD.
Applicability: Model CL–600–2B19
(Regional Jet Series 100 & 440) airplanes,
serial numbers 7003 through 7067 inclusive,
and 7069 through 7947 inclusive, certificated
in any category.
Compliance: Required as indicated, unless
accomplished previously.
To detect and correct chafing of the
electrical cables of the spoiler and brake
pressure sensor unit (BPSU) on both sides of
the wing root, which could result in loss of
flight control system and consequent reduced
controllability of the airplane, accomplish
the following:
Initial Inspections
(a) Within 500 flight hours after the
effective date of this AD, do a general visual
inspection for chafing or wire damage of the
electrical harnesses of the spoiler and the
BPSU on both sides of the wing root, in
accordance with Part A of the
Accomplishment Instructions of Bombardier
Alert Service Bulletin A601R–27–133,
Revision ‘A,’ dated September 16, 2004.
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Corrective Actions
(b) If any damaged or chafed electrical
harness or wire is found during any
inspection required by paragraph (a) of this
AD, before further flight, do either paragraph
(b)(1) or (b)(2) of this AD.
(1) Replace any damaged or chafed harness
or wire with a new harness, in accordance
with Part C or Part D of the Accomplishment
Instructions of Bombardier Alert Service
Bulletin A601R–27–133, Revision ‘A,’ dated
September 16, 2004, as applicable.
(2) Repair any damaged or chafed electrical
harness in accordance with Part B of the
Accomplishment Instructions of Bombardier
Alert Service Bulletin A601R–27–133,
Revision ‘A,’ dated September 16, 2004.
Within 3,500 flight hours after the repair is
done, do paragraph (b)(1) of this AD.
Credit for Earlier Service Bulletins
1. The authority citation for part 39
continues to read as follows:
§ 39.13
Note 1: For the purposes of this AD, a
general visual inspection is defined as: ‘‘A
visual examination of an interior or exterior
area, installation, or assembly to detect
obvious damage, failure, or irregularity. This
level of inspection is made from within
touching distance unless otherwise specified.
A mirror may be necessary to enhance visual
access to all exposed surfaces in the
inspection area. This level of inspection is
made under normally available lighting
conditions such as daylight, hangar lighting,
flashlight, or droplight and may require
removal or opening of access panels or doors.
Stands, ladders, or platforms may be required
to gain proximity to the area being checked.’’
(c) Inspections, replacements, and repairs
accomplished before the effective date of this
AD in accordance with Bombardier Alert
Service Bulletin A601R–27–101, Initial Issue,
dated April 17, 2000; or Revision ‘A,’ dated
October 26, 2001; or Bombardier Alert
Service Bulletin A601R–27–133, Initial Issue,
dated July 12, 2004; are acceptable for
compliance with the corresponding
requirements of this AD.
Terminating Modification
(d) Within 4,000 flight hours after the
effective date of this AD, modify the routing
and support of the electrical harnesses of the
spoiler and the BPSU on both sides of the
wing root by accomplishing all the actions
specified in Part E or F, as applicable, of the
Accomplishment Instructions of Bombardier
Alert Service Bulletin A601R–27–133,
Revision ‘A,’ dated September 16, 2004.
Accomplishing the modification constitutes
compliance with the requirements of this AD.
Exception to Service Bulletin
(e) Although Bombardier Alert Service
Bulletin A601R–27–133, Revision ‘A,’ dated
September 16, 2004, specifies to submit
certain information to the manufacturer, this
AD does not include such a requirement.
Alternative Methods of Compliance
(f) In accordance with 14 CFR 39.19, the
Manager, New York Aircraft Certification
Office, FAA, is authorized to approve
alternative methods of compliance for this
AD.
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36865
Note 2: The subject of this AD is addressed
in Canadiar airworthiness directive CF–
2003–14R1, effective February 26, 2005.
Issued in Renton, Washington, on June 21,
2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–12637 Filed 6–24–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 101
[Docket No. RM04–12–000]
Accounting and Financial Reporting
for Public Utilities Including RTOs
June 2, 2005.
Federal Energy Regulatory
Commission, DOE.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Federal Energy
Regulatory Commission (Commission) is
proposing to amend its regulations to
update the accounting requirements for
public utilities and licensees, including
independent system operators and
regional transmission organizations
(collectively referred to as RTOs). The
Commission is also proposing to amend
its financial reporting requirements for
the quarterly and annual financial
reporting forms for these entities. These
updates to the Commission’s Uniform
System of Accounts (USofA) and the
financial reporting requirements are
being proposed to accommodate the
evolving electric industry due to the
availability of open-access transmission
service and the increasing competition
in wholesale bulk power markets.
These proposed updates to the
Commission’s accounting and reporting
requirements will allow the
Commission and the public to be better
informed with respect to transactions
and events affecting public utilities,
including RTOs, subject to the
Commission’s accounting and reporting
regulations. As a result of improved
transparency of financial information,
the Commission and the public will also
be better able to understand the costs of
RTOs.
DATES: Comments on the proposed
rulemaking are due on or before August
26, 2005.
ADDRESSES: Comments may be filed
electronically via the eFiling link on the
Commission’s Web site at https://
www.ferc.gov. Commentors unable to
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]]>Agencies
[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Proposed Rules]
[Pages 36862-36865]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12637]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-163-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 440) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain Bombardier Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes, that would have required
performing repetitive inspections of the electrical harnesses of the
spoiler and the brake pressure sensor unit on both sides of the wing
root to detect any chafing or wire damage, and repairing or replacing
any damaged or chafed harness or wire with a new harness, as
applicable. This new action revises the proposed rule by expanding the
applicability to include additional airplanes, deleting the repetitive
inspections, and by adding a terminating modification for the one-time
inspection. The actions specified by this new proposed AD are intended
to detect and correct chafing of the electrical cables of the spoiler
and brake pressure sensor unit on both sides of the wing root, which
could result in loss of flight control system and consequent reduced
controllability of the airplane. This action is intended to address the
identified unsafe condition.
DATES: Comments must be received by July 22, 2005.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2003-NM-163-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2003-NM-163-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Bombardier, Inc., Canadair, Aerospace Group, P.O. Box
6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada. This
information may be examined at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New
York.
FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer, Systems
and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, suite 410, Westbury, New York 11590;
telephone (516) 228-7311; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
For each issue, state what specific change to the proposed
AD is being requested.
Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2003-NM-163-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2003-NM-163-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes, was published as a notice of proposed rulemaking (NPRM)
(hereafter the ``original NPRM'') in the Federal Register on March 11,
2004 (69 FR 11554). The original NPRM would have required performing
repetitive inspections of the electrical harnesses of the spoiler and
the brake pressure sensor unit on both sides of the wing root to detect
any chafing or wire damage, and repairing or replacing any damaged or
chafed harness or wire with a new harness, as applicable. The original
NPRM was prompted by reports of chafing of the electrical cables of the
spoiler and brake pressure sensor unit (BPSU) on both sides of the wing
root. That condition, if not corrected, could result in chafing of the
electrical cables of the spoiler and brake pressure sensor unit on both
sides of the wing root, which could result in loss of flight control
system and consequent reduced controllability of the airplane.
Actions Since Issuance of the Original NRPM
Since the issuance of the original NPRM, Transport Canada Civil
Aviation (TCCA), which is the airworthiness authority for Canada, has
issued Canadian airworthiness directive CF-2003-14R1, dated January 26,
2005, which supersedes Canadian airworthiness directive CF-2003-14,
dated May 15, 2003 (referenced in the original NPRM). Revision 1 of
that airworthiness directive mandates the actions specified in
Bombardier Alert Service Bulletin A601R-27-133, Revision `A,' dated
September 16, 2004, described below. Revision 1 also expands the
applicability of Canadian airworthiness directive CF-2003-14 to include
additional airplane serial numbers that are subject to the identified
unsafe condition.
Bombardier has issued Alert Service Bulletin A601R-27-133, Revision
``A,'' dated September 16, 2004. The service bulletin describes, among
other actions, procedures for performing a one-time or repetitive
general visual inspections, as applicable, for chafing or wire damage
of the electrical harnesses of the spoiler and the BPSU on both sides
of the wing root, and repairing or replacing any damaged or chafed
harness or wire with a new harness, as applicable. These actions are
identical to those specified in Bombardier Alert Service Bulletin
A601R-27-101, initial issue, dated April 17, 2000; and Revision ``A,''
dated October 26, 2001 (referenced in the original NPRM as the
appropriate source of service information).
The service bulletin also describes procedures for modifying the
routing
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and support of the electrical harnesses of the spoiler and the brake
pressure sensor unit (BPSU) on both sides of the wing root. The
modification involves replacing spacer standoffs with new standoffs;
replacing cable clamps with new clamps; rerouting the electrical
harnesses; installing a nylon feedthru assembly and a layer of Teflon
conduit; as applicable.
Accomplishing the actions specified in Bombardier Alert Service
Bulletin A601R-27-133, Revision ``A,'' dated September 16, 2004, is
intended to adequately address the unsafe condition. TCCA classified
the alert service bulletin as mandatory to ensure the continued
airworthiness of these airplanes in Canada.
FAA's Determination
We have examined the findings of the TCCA, reviewed all available
information, and determined that it is necessary to revise the original
NPRM. Therefore, we are proposing this AD, which would expand the
applicability of the original NPRM to include additional airplanes, add
a terminating modification, eliminate the repetitive inspections, and
refer to Bombardier Alert Service Bulletin A601R-27-133, Revision
``A,'' dated September 16, 2004, as the appropriate source of service
information for accomplishing the proposed actions.
TCCA airworthiness directive CF-2003-14R1 requires, for certain
airplanes, repetitive general visual inspections at intervals not to
exceed 4,000 flight hours, until accomplishing a terminating
modification (i.e., modifying the routing and support of the electrical
harnessess of the spoiler and the BPSU on both sides of the wing root)
within 4,000 flight hours after the effective date of the TCCA
airworthiness directive. We have determined that the repetitive general
visual inspections are not necessary in this supplemental NPRM (only a
one-time general visual inspection), since the terminating modification
would be done within the same compliance time as the repetitive
inspections.
TCCA airworthiness directive CF-2003-14R1 also requires, before
further flight, repairing any damaged or chafed electrical harness
found during the visual inspection (i.e., within 500 flight hours after
the effective date of the TCAA airworthiness directive), and requires,
within 4,000 flight hours after the repair, replacing any damage or
chafed harness or wire with a new harness. Therefore, the TCAA
airworthiness directive requires the subject replacement to be done at
4,500 flight hours (includes 500 flight hours for the inspection),
which is after the 4,000 flight-hour compliance time for doing the
terminating modification. We have determined that the proposed
replacement should be done at the same time as the terminating
modification. In light of this, this supplemental NPRM would require,
within 3,500 flight hours after the repair, replacing any damaged or
chafed harness or wire with a new harness.
These differences have been coordinated with the TCCA.
Conclusion
Since these changes expand the scope of the original NPRM, we have
determined that it is necessary to reopen the comment period to provide
additional opportunity for public comment.
Comments Received
Due consideration has been given to the following comment received
in response to the original NPRM:
One commenter requests that paragraph (c) of the original NPRM be
revised to give operators credit for accomplishing inspections before
the effective date of this AD in accordance with Bombardier Alert
Service Bulletin A601R-27-101, Initial Issue, dated April 17, 2000. The
commenter states that the only change made to Part A of Revision ``A,''
of the service bulletin was the deletion of the inspection of the
aileron harness and thus has no affect on the intent of what is
specified in paragraph (a) of the original NPRM. The commenter also
states that the original NPRM, as written, would require operators to
unnecessarily perform similar, and even less involved, initial
inspections again.
We agree with the commenter's request and have revised paragraph
(c) of the supplemental NPRM to give operators credit for accomplishing
inspections before the effective date of this AD in accordance with
Bombardier Alert Service Bulletin A601R-27-101, Initial Issue, dated
April 17, 2000. In addition, we have revised paragraph (c) of the
supplemental NPRM to give operators credit for accomplishing
inspections, replacements, and repairs before the effective date of
this AD in accordance with Bombardier Alert Service Bulletin A601R-27-
101, Revision ``A,'' dated October 26, 2001; or Bombardier Alert
Service Bulletin A601R-27-133, Initial Issue, dated July 12, 2004.
Cost Impact
The FAA estimates that 709 airplanes of U.S. registry would be
affected by this proposed AD.
It would take approximately 1 work hour per airplane to accomplish
the proposed inspection, and that the average labor rate is $65 per
work hour. Based on these figures, the cost impact of the inspection
proposed by this AD on U.S. operators is estimated to be $46,085, or
$65 per airplane.
It would take approximately 5 work hours per airplane to accomplish
the proposed modification, and that the average labor rate is $65 per
work hour. Required parts would be supplied by the airplane
manufacturer at no cost to operators. Based on these figures, the cost
impact of the modification proposed by this AD on U.S. operators is
estimated to be $230,425, or $325 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed requirements
of this AD action, and that no operator would accomplish those actions
in the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative 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 Impact
The regulations proposed herein would not have a substantial direct
effect on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore,
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it is determined that this proposal would not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Bombardier, Inc. (Formerly Canadair): Docket 2003-NM-163-AD.
Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes, serial numbers 7003 through 7067 inclusive, and 7069
through 7947 inclusive, certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To detect and correct chafing of the electrical cables of the
spoiler and brake pressure sensor unit (BPSU) on both sides of the
wing root, which could result in loss of flight control system and
consequent reduced controllability of the airplane, accomplish the
following:
Initial Inspections
(a) Within 500 flight hours after the effective date of this AD,
do a general visual inspection for chafing or wire damage of the
electrical harnesses of the spoiler and the BPSU on both sides of
the wing root, in accordance with Part A of the Accomplishment
Instructions of Bombardier Alert Service Bulletin A601R-27-133,
Revision `A,' dated September 16, 2004.
Note 1: For the purposes of this AD, a general visual inspection
is defined as: ``A visual examination of an interior or exterior
area, installation, or assembly to detect obvious damage, failure,
or irregularity. This level of inspection is made from within
touching distance unless otherwise specified. A mirror may be
necessary to enhance visual access to all exposed surfaces in the
inspection area. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or droplight and may require removal or opening of
access panels or doors. Stands, ladders, or platforms may be
required to gain proximity to the area being checked.''
Corrective Actions
(b) If any damaged or chafed electrical harness or wire is found
during any inspection required by paragraph (a) of this AD, before
further flight, do either paragraph (b)(1) or (b)(2) of this AD.
(1) Replace any damaged or chafed harness or wire with a new
harness, in accordance with Part C or Part D of the Accomplishment
Instructions of Bombardier Alert Service Bulletin A601R-27-133,
Revision `A,' dated September 16, 2004, as applicable.
(2) Repair any damaged or chafed electrical harness in
accordance with Part B of the Accomplishment Instructions of
Bombardier Alert Service Bulletin A601R-27-133, Revision `A,' dated
September 16, 2004. Within 3,500 flight hours after the repair is
done, do paragraph (b)(1) of this AD.
Credit for Earlier Service Bulletins
(c) Inspections, replacements, and repairs accomplished before
the effective date of this AD in accordance with Bombardier Alert
Service Bulletin A601R-27-101, Initial Issue, dated April 17, 2000;
or Revision `A,' dated October 26, 2001; or Bombardier Alert Service
Bulletin A601R-27-133, Initial Issue, dated July 12, 2004; are
acceptable for compliance with the corresponding requirements of
this AD.
Terminating Modification
(d) Within 4,000 flight hours after the effective date of this
AD, modify the routing and support of the electrical harnesses of
the spoiler and the BPSU on both sides of the wing root by
accomplishing all the actions specified in Part E or F, as
applicable, of the Accomplishment Instructions of Bombardier Alert
Service Bulletin A601R-27-133, Revision `A,' dated September 16,
2004. Accomplishing the modification constitutes compliance with the
requirements of this AD.
Exception to Service Bulletin
(e) Although Bombardier Alert Service Bulletin A601R-27-133,
Revision `A,' dated September 16, 2004, specifies to submit certain
information to the manufacturer, this AD does not include such a
requirement.
Alternative Methods of Compliance
(f) In accordance with 14 CFR 39.19, the Manager, New York
Aircraft Certification Office, FAA, is authorized to approve
alternative methods of compliance for this AD.
Note 2: The subject of this AD is addressed in Canadiar
airworthiness directive CF-2003-14R1, effective February 26, 2005.
Issued in Renton, Washington, on June 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-12637 Filed 6-24-05; 8:45 am]
BILLING CODE 4910-13-P
