Airworthiness Directives; Bombardier, Inc. Model CL-215-1A10, CL-215-6B11 (CL-215T Variant), and CL-215-6B11 (CL-415 Variant) Airplanes, 34014-34017 [2011-14397]
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34014
Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules
DOCKET NO. FAA–2011–0597—Continued
Corrective Action Taken:
Any Additional Information (Optional):
Name:
Telephone and/or E-mail Address:
Date:
Send report to: Jim Rutherford, Aerospace Engineer, FAA, Small Airplane
Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; facsimile:
(816) 329–4090; e-mail: jim.rutherford@faa.gov.
Figure 1
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Paperwork Reduction Act Burden Statement
(g) A Federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 5 minutes per
response, including the time for reviewing
instructions, completing and reviewing the
collection of information. All responses to
this collection of information are mandatory.
Comments concerning the accuracy of this
burden and suggestions for reducing the
burden should be directed to the FAA at: 800
Independence Ave., SW., Washington, DC
20591, Attn: Information Collection
Clearance Officer, AES–200.
telephone: (516) 228–7325; fax: (516) 794–
5531; e-mail: george.duckett@faa.gov.
(j) To get information about the revisions
to the maintenance program identified in this
proposed AD, contact Viking Air Ltd., 9574
Hampden Road, Sidney, BC Canada V8L 5V5;
telephone: (800) 663–8444; Internet: https://
www.vikingair.com. You may review copies
of the referenced revision at the FAA, Small
Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the
availability of this material at the FAA, call
816–329–4148.
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, New York Aircraft
Certification Office (ACO), 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 manager of the ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
(2) Before using any approved AMOC,
notify your Principal Maintenance Inspector
or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
DEPARTMENT OF TRANSPORTATION
Related Information
(i) For more information about this AD,
contact George Duckett, Aerospace Engineer,
New York ACO, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, New York 11590;
VerDate Mar<15>2010
14:30 Jun 09, 2011
Jkt 223001
Issued in Kansas City, Missouri, on June 6,
2011.
John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–14396 Filed 6–9–11; 8:45 am]
BILLING CODE 4910–13–P
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0565; Directorate
Identifier 2010–NM–280–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Model CL–215–1A10, CL–215–
6B11 (CL–215T Variant), and CL–215–
6B11 (CL–415 Variant) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
SUMMARY:
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Sfmt 4702
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
The emergency water dump pulley support
bracket assembly, Part Number (P/N) 215–
94711–2, has been found cracked or broken
on a number of aeroplanes. Failure of the
emergency water dump pulley support
bracket assembly in combination with other
system failures such as an engine failure
during take off or pitch control system jam,
may result in a loss of control of the
aeroplane.
*
*
*
*
*
The proposed AD would require
actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by July 25, 2011.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed AD, contact Bombardier,
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Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules
ˆ
Inc., 400 Cote-Vertu Road West, Dorval,
´
Quebec H4S 1Y9, Canada; telephone
514–855–5000; fax 514–855–7401;
e-mail thd.crj@aero.bombardier.com;
Internet https://www.bombardier.com.
You may review copies of the
referenced service information at the
FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton,
Washington. For information on the
availability of this material at the FAA,
call 425–227–1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone (800) 647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
Andy Rambalakos, Aerospace Engineer,
Airframe and Mechanical Systems
Branch, ANE–171, FAA, New York
Aircraft Certification Office, 1600
Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone (516) 228–
7345; fax (516) 794–5531.
SUPPLEMENTARY INFORMATION:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2011–0565; Directorate Identifier
2010–NM–280–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
Transport Canada Civil Aviation,
which is the aviation authority for
Canada, has issued Canadian
Airworthiness Directive CF–2010–38R2,
dated March 17, 2011 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
VerDate Mar<15>2010
14:30 Jun 09, 2011
Jkt 223001
condition for the specified products.
The MCAI states:
The emergency water dump pulley support
bracket assembly, Part Number (P/N) 215–
94711–2, has been found cracked or broken
on a number of aeroplanes. Failure of the
emergency water dump pulley support
bracket assembly in combination with other
system failures such as an engine failure
during take off or pitch control system jam,
may result in a loss of control of the
aeroplane.
Revision 2 of this AD is issued to ensure
that terminating action for this AD is carried
out prior to the 2011 fire season.
The required actions include a general
visual inspection to determine if either
universal solid (round head) rivets or
flush rivets of the bracket assembly of
the emergency water dump pulley are
installed; replacing the solid rivets with
flush rivets and installing new stiffeners
on the bracket assembly of the
emergency water dump pulley, if
necessary; a detailed inspection and a
liquid penetrant inspection of the
stiffeners for cracks, deformations, or
signs of corrosion, and replacing the
stiffeners with new stiffeners if
necessary; and re-installing the bracket
assembly of the emergency water dump
pulley using radius packers. You may
obtain further information by examining
the MCAI in the AD docket.
Relevant Service Information
Bombardier, Inc. has issued Service
Bulletin 215–A543, Revision 1, dated
June 23, 2010; and Service Bulletin 215–
A4424, Revision 2, dated June 23, 2010.
The actions described in this service
information are intended to correct the
unsafe condition identified in the
MCAI.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
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34015
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have proposed
different actions in this AD from those
in the MCAI in order to follow FAA
policies. Any such differences are
highlighted in a Note within the
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 6 products of U.S. registry.
We also estimate that it would take
about 40 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Based on
these figures, we estimate the cost of the
proposed AD on U.S. operators to be
$20,400, or $3,400 per product.
We have received no definitive data
that would enable us to provide a cost
estimate for the on-condition actions
specified in this AD.
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 proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD 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.
For the reasons discussed above, I
certify this proposed regulation:
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Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules
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. 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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Bombardier, Inc.: Docket No. FAA–2011–
0565; Directorate Identifier 2010–NM–
280–AD.
Comments Due Date
(a) We must receive comments by July 25,
2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc.
Model CL–215–1A10 airplanes, serial
numbers 1051 through 1125 inclusive; Model
CL–215–6B11 (CL–215T Variant) airplanes,
serial numbers 1056 through 1125 inclusive;
and Model CL–215–6B11 (CL–415 Variant)
airplanes, serial numbers 2001 through 2085
inclusive; certificated in any category.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Subject
(d) Air Transport Association (ATA) of
America Code 25: Equipment/Furnishings.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
The emergency water dump pulley support
bracket assembly, Part Number (P/N) 215–
94711–2, has been found cracked or broken
on a number of aeroplanes. Failure of the
emergency water dump pulley support
bracket assembly in combination with other
system failures such as an engine failure
during take off or pitch control system jam,
may result in a loss of control of the
aeroplane.
*
*
*
*
*
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Inspections and Corrective Actions
(g) Within 50 flight cycles or 30 days after
the effective date of this AD, whichever
occurs first, do a general visual inspection to
determine if either universal solid (round
head) rivets or flush rivets of the bracket
assembly of the emergency water dump
pulley are installed, in accordance with the
Accomplishment Instruction of Bombardier
Service Bulletin 215–A543, Revision 1, dated
June 23, 2010 (for Model CL–215–1A10 and
CL–215–6B11 (CL–215T Variant) airplanes);
or Bombardier Service Bulletin 215–A4424,
Revision 2, dated June 23, 2010 (for Model
CL–215–6B11 (CL–415 Variant) airplanes).
(h) If, during the inspection required by
paragraph (g) of this AD, universal solid
rivets are determined to be installed: Within
50 flight cycles or 30 days after the effective
date of this AD, whichever occurs first,
replace the solid rivets with flush rivets, and
install new stiffeners on the bracket assembly
of the emergency water dump pulley, in
accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
215–A543, Revision 1, dated June 23, 2010
(for Model CL–215–1A10 and CL–215–6B11
(CL–215T Variant) airplanes); or Bombardier
Service Bulletin 215–A4424, Revision 2,
dated June 23, 2010 (for Model CL–215–6B11
(CL–415 Variant) airplanes).
(i) If, during the inspection required by
paragraph (g) of this AD, flush rivets are
determined to be installed; and for airplanes
on which flush rivets are installed in
accordance with paragraph (h) of this AD:
Within 100 flight cycles or 60 days after the
effective date of this AD, whichever occurs
first, do a detailed inspection of the stiffeners
for cracks, deformation, and signs of
corrosion, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 215–A543, Revision 1, dated
June 23, 2010 (for Model CL–215–1A10 and
CL–215–6B11 (CL–215T Variant) airplanes);
or Bombardier Service Bulletin 215–A4424,
Revision 2, dated June 23, 2010 (for Model
CL–215–6B11 (CL–415 Variant) airplanes).
Thereafter, at intervals not to exceed 100
flight cycles, repeat the detailed inspections
of the stiffeners. If any crack, deformation, or
signs of corrosion are found, before further
flight, replace the stiffeners with new
stiffeners, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 215–A543, Revision 1, dated
June 23, 2010 (for Model CL–215–1A10 and
CL–215–6B11 (CL–215T Variant) airplanes);
or Bombardier Service Bulletin 215–A4424,
Revision 2, dated June 23, 2010 (for Model
CL–215–6B11 (CL–415 Variant) airplanes).
(j) Within 100 flight cycles or 60 days after
the effective date of this AD, whichever
occurs first, do the actions specified in
paragraphs (j)(1) and (j)(2) of this AD.
Installation of the radius packers terminates
the repetitive detailed inspections of the
support bracket assembly of the emergency
water dump pulley required by paragraph (i)
of this AD.
(1) Do a liquid penetrant inspection of the
stiffeners having P/N 215–94711–6 and P/N
215–94711–8 for cracks, deformation, or
signs of corrosion, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 215–A543, Revision 1, dated
June 23, 2010 (for Model CL–215–1A10 and
CL–215–6B11 (CL–215T Variant) airplanes);
or Bombardier Service Bulletin 215–A4424,
Revision 2, dated June 23, 2010 (for Model
CL–215–6B11 (CL–415 Variant) airplanes). If
any crack, deformation, or sign of corrosion
is found, before further flight, replace
damaged stiffeners with new stiffeners, in
accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
215–A543, Revision 1, dated June 23, 2010
(for Model CL–215–1A10 and CL–215–6B11
(CL–215T Variant) airplanes); or Bombardier
Service Bulletin 215–A4424, Revision 2,
dated June 23, 2010 (for Model CL–215–6B11
(CL–415 Variant) airplanes).
(2) Re-install the bracket assembly of the
emergency water dump pulley using radius
packers, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 215–A543, Revision 1, dated
June 23, 2010 (for Model CL–215–1A10 and
CL–215–6B11 (CL–215T Variant) airplanes);
or Bombardier Service Bulletin 215–A4424,
Revision 2, dated June 23, 2010 (for Model
CL–215–6B11 (CL–415 Variant) airplanes).
Credit for Actions Accomplished in
Accordance With Previous Service
Information
(k) Actions accomplished before the
effective date of this AD according to the
service bulletins specified in Table 1 of this
AD, are considered acceptable for
compliance with the corresponding actions
specified in this AD.
TABLE 1—SERVICE BULLETINS FOR CREDIT
Bombardier service bulletin—
Revision—
Dated—
215-4424 ...............................................................................
215-A4424 .............................................................................
215-A543 ...............................................................................
Original .................................................................................
1 ...........................................................................................
Original .................................................................................
January 25, 2010.
May 18, 2010.
May 19, 2010.
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14:30 Jun 09, 2011
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Federal Register / Vol. 76, No. 112 / Friday, June 10, 2011 / Proposed Rules
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows:
(1) Although Canadian Airworthiness
Directive CF–2010–38R2, dated March 17,
2011, has a compliance time of ‘‘No later than
01 June 2011,’’ for Part II—Terminating
Action, this AD has a compliance time of
‘‘Within 100 flight cycles or 60 days after the
effective date of this AD, whichever occurs
first.’’ We have coordinated this difference
with Transport Canada Civil Aviation
(TCCA).
(2) Although Canadian Airworthiness
Directive CF–2010–38R2, dated March 17,
2011, has an initial compliance time of
‘‘within 50 flight cycles after the effective
date of this AD’’ for identifying the type of
rivet installed, this AD has a compliance time
of ‘‘within 50 flight cycles or 30 days after the
effective date of this AD, whichever occurs
first.’’ In addition, the follow-on inspections
in paragraph (i) of this AD for airplanes on
which flush rivets are determined to be
installed, is ‘‘within 100 flight cycles or 60
days after the effective date of this AD,
whichever occurs first.’’ We have coordinated
this difference with TCCA.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Other FAA AD Provisions
(l) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office, 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, New York 11590;
telephone 516–228–7300; fax 516–794–5531.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
Related Information
(m) Refer to MCAI Canadian Airworthiness
Directive CF–2010–38R2, dated March 17,
2011; Bombardier Service Bulletin 215–
A543, Revision 1, dated June 23, 2010; and
Bombardier Service Bulletin 215–A4424,
Revision 2, dated June 23, 2010; for related
information.
VerDate Mar<15>2010
14:30 Jun 09, 2011
Jkt 223001
Issued in Renton, Washington, on June 2,
2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2011–14397 Filed 6–9–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–137128–08]
RIN 1545–BI36
Claims for Credit or Refund
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
This document contains
proposed regulations for filing a claim
for credit or refund. The regulations
provide guidance to taxpayers generally
as to the proper place to file a claim for
credit or refund. The regulations are
updated to reflect changes made by the
enactment of the Tax Reform Act of
1976, the Internal Revenue Service
Restructuring and Reform Act of 1998,
and the Community Renewal Tax Relief
Act of 2000. The regulations further are
updated to reflect that the IRS may
prescribe additional claim forms.
DATES: Written or electronic comments
and requests for a public hearing must
be received by September 8, 2011.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–137128–08), Room
5205, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered between the
hours of 8 a.m. and 4 p.m. to
CC:PA:LPD:PR (REG–137128–08),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC, or sent
electronically via the Federal
eRulemaking Portal at https://
www.regulations.gov (IRS REG–137128–
08).
FOR FURTHER INFORMATION CONTACT:
Concerning submission of comments or
request for a hearing,
Richard.A.Hurst@irscounsel.treas.gov,
(202) 622–7180 (not a toll-free number);
concerning the proposed regulations,
Micah A. Levy, (202) 622–3630 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
This document contains proposed
amendments to 26 CFR part 301 under
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34017
section 6402 of the Internal Revenue
Code (Code). Section 6402 of the Code
authorizes the Secretary to make credits
or refunds. Section 6511 provides the
limitations period within which a
taxpayer must file a claim for credit or
refund and restricts the ability of the
Secretary to issue a credit or refund
unless the claim is filed by the taxpayer
within that period. Section 7422
prohibits the maintenance of a suit for
refund until a claim has been duly filed
with the Secretary. Currently,
§ 301.6402–2(a)(2) provides generally
that a claim for credit or refund needs
to be filed with the service center
serving the internal revenue district in
which the tax was paid. The proposed
regulations clarify that, unless otherwise
directed, the proper place to file a claim
for credit or refund is with the service
center at which the taxpayer currently
would be required to file a tax return for
the type of tax to which the claim
relates, irrespective of where the tax was
paid or was required to have been paid.
This document also removes outdated
portions of §§ 301.6402–2 and
301.6402–3 and revises the reference in
§ 301.6402–4 to the Joint Committee on
Taxation threshold referral amount
under section 6405.
Explanation of Provisions
I. The Proper Place To File a Claim for
Credit or Refund
If a taxpayer is required to file a claim
for credit or refund on a particular form,
then the claim must be filed in a manner
consistent with that form and the
related instructions. For example, to
correct an amount reported on a Form
1040, ‘‘U.S. Individual Income Tax
Return,’’ Treasury regulation
§ 301.6402–3(a)(2) requires that the
taxpayer file the claim on a Form
1040X, ‘‘Amended U.S. Individual
Income Tax Return.’’ Accordingly, a
claim for refund of an overpayment of
individual income taxes would need to
be filed on a Form 1040X at the location
specified in the instructions provided
for the form. If filing instructions are not
otherwise provided, a claim for credit or
refund must be filed with the service
center at which the taxpayer would be
required to file a current tax return for
the type of tax to which the claim
relates. Section 301.6402–2(a)(2) is
revised to clarify that claims should not
be filed at a different location based
upon where the tax either was paid or
was required to have been paid. Nor
would it be relevant if the tax was
properly paid at a different location in
a prior year because the taxpayer had a
change in residence.
E:\FR\FM\10JNP1.SGM
10JNP1
Agencies
[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Proposed Rules]
[Pages 34014-34017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14397]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0565; Directorate Identifier 2010-NM-280-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Model CL-215-1A10, CL-
215-6B11 (CL-215T Variant), and CL-215-6B11 (CL-415 Variant) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
The emergency water dump pulley support bracket assembly, Part
Number (P/N) 215-94711-2, has been found cracked or broken on a
number of aeroplanes. Failure of the emergency water dump pulley
support bracket assembly in combination with other system failures
such as an engine failure during take off or pitch control system
jam, may result in a loss of control of the aeroplane.
* * * * *
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by July 25, 2011.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Bombardier,
[[Page 34015]]
Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9,
Canada; telephone 514-855-5000; fax 514-855-7401; e-mail
thd.crj@aero.bombardier.com; Internet https://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Andy Rambalakos, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7345; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0565;
Directorate Identifier 2010-NM-280-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
Transport Canada Civil Aviation, which is the aviation authority
for Canada, has issued Canadian Airworthiness Directive CF-2010-38R2,
dated March 17, 2011 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:
The emergency water dump pulley support bracket assembly, Part
Number (P/N) 215-94711-2, has been found cracked or broken on a
number of aeroplanes. Failure of the emergency water dump pulley
support bracket assembly in combination with other system failures
such as an engine failure during take off or pitch control system
jam, may result in a loss of control of the aeroplane.
Revision 2 of this AD is issued to ensure that terminating
action for this AD is carried out prior to the 2011 fire season.
The required actions include a general visual inspection to
determine if either universal solid (round head) rivets or flush rivets
of the bracket assembly of the emergency water dump pulley are
installed; replacing the solid rivets with flush rivets and installing
new stiffeners on the bracket assembly of the emergency water dump
pulley, if necessary; a detailed inspection and a liquid penetrant
inspection of the stiffeners for cracks, deformations, or signs of
corrosion, and replacing the stiffeners with new stiffeners if
necessary; and re-installing the bracket assembly of the emergency
water dump pulley using radius packers. You may obtain further
information by examining the MCAI in the AD docket.
Relevant Service Information
Bombardier, Inc. has issued Service Bulletin 215-A543, Revision 1,
dated June 23, 2010; and Service Bulletin 215-A4424, Revision 2, dated
June 23, 2010. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 6 products of U.S. registry. We also estimate that
it would take about 40 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $20,400, or $3,400 per product.
We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in this AD.
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify this proposed
regulation:
[[Page 34016]]
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. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by adding the following new AD:
Bombardier, Inc.: Docket No. FAA-2011-0565; Directorate Identifier
2010-NM-280-AD.
Comments Due Date
(a) We must receive comments by July 25, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc. Model CL-215-1A10
airplanes, serial numbers 1051 through 1125 inclusive; Model CL-215-
6B11 (CL-215T Variant) airplanes, serial numbers 1056 through 1125
inclusive; and Model CL-215-6B11 (CL-415 Variant) airplanes, serial
numbers 2001 through 2085 inclusive; certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 25:
Equipment/Furnishings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
The emergency water dump pulley support bracket assembly, Part
Number (P/N) 215-94711-2, has been found cracked or broken on a
number of aeroplanes. Failure of the emergency water dump pulley
support bracket assembly in combination with other system failures
such as an engine failure during take off or pitch control system
jam, may result in a loss of control of the aeroplane.
* * * * *
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspections and Corrective Actions
(g) Within 50 flight cycles or 30 days after the effective date
of this AD, whichever occurs first, do a general visual inspection
to determine if either universal solid (round head) rivets or flush
rivets of the bracket assembly of the emergency water dump pulley
are installed, in accordance with the Accomplishment Instruction of
Bombardier Service Bulletin 215-A543, Revision 1, dated June 23,
2010 (for Model CL-215-1A10 and CL-215-6B11 (CL-215T Variant)
airplanes); or Bombardier Service Bulletin 215-A4424, Revision 2,
dated June 23, 2010 (for Model CL-215-6B11 (CL-415 Variant)
airplanes).
(h) If, during the inspection required by paragraph (g) of this
AD, universal solid rivets are determined to be installed: Within 50
flight cycles or 30 days after the effective date of this AD,
whichever occurs first, replace the solid rivets with flush rivets,
and install new stiffeners on the bracket assembly of the emergency
water dump pulley, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 215-A543, Revision 1,
dated June 23, 2010 (for Model CL-215-1A10 and CL-215-6B11 (CL-215T
Variant) airplanes); or Bombardier Service Bulletin 215-A4424,
Revision 2, dated June 23, 2010 (for Model CL-215-6B11 (CL-415
Variant) airplanes).
(i) If, during the inspection required by paragraph (g) of this
AD, flush rivets are determined to be installed; and for airplanes
on which flush rivets are installed in accordance with paragraph (h)
of this AD: Within 100 flight cycles or 60 days after the effective
date of this AD, whichever occurs first, do a detailed inspection of
the stiffeners for cracks, deformation, and signs of corrosion, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 215-A543, Revision 1, dated June 23, 2010 (for
Model CL-215-1A10 and CL-215-6B11 (CL-215T Variant) airplanes); or
Bombardier Service Bulletin 215-A4424, Revision 2, dated June 23,
2010 (for Model CL-215-6B11 (CL-415 Variant) airplanes). Thereafter,
at intervals not to exceed 100 flight cycles, repeat the detailed
inspections of the stiffeners. If any crack, deformation, or signs
of corrosion are found, before further flight, replace the
stiffeners with new stiffeners, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 215-A543,
Revision 1, dated June 23, 2010 (for Model CL-215-1A10 and CL-215-
6B11 (CL-215T Variant) airplanes); or Bombardier Service Bulletin
215-A4424, Revision 2, dated June 23, 2010 (for Model CL-215-6B11
(CL-415 Variant) airplanes).
(j) Within 100 flight cycles or 60 days after the effective date
of this AD, whichever occurs first, do the actions specified in
paragraphs (j)(1) and (j)(2) of this AD. Installation of the radius
packers terminates the repetitive detailed inspections of the
support bracket assembly of the emergency water dump pulley required
by paragraph (i) of this AD.
(1) Do a liquid penetrant inspection of the stiffeners having P/
N 215-94711-6 and P/N 215-94711-8 for cracks, deformation, or signs
of corrosion, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 215-A543, Revision 1, dated June 23,
2010 (for Model CL-215-1A10 and CL-215-6B11 (CL-215T Variant)
airplanes); or Bombardier Service Bulletin 215-A4424, Revision 2,
dated June 23, 2010 (for Model CL-215-6B11 (CL-415 Variant)
airplanes). If any crack, deformation, or sign of corrosion is
found, before further flight, replace damaged stiffeners with new
stiffeners, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 215-A543, Revision 1, dated June 23,
2010 (for Model CL-215-1A10 and CL-215-6B11 (CL-215T Variant)
airplanes); or Bombardier Service Bulletin 215-A4424, Revision 2,
dated June 23, 2010 (for Model CL-215-6B11 (CL-415 Variant)
airplanes).
(2) Re-install the bracket assembly of the emergency water dump
pulley using radius packers, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 215-A543, Revision 1,
dated June 23, 2010 (for Model CL-215-1A10 and CL-215-6B11 (CL-215T
Variant) airplanes); or Bombardier Service Bulletin 215-A4424,
Revision 2, dated June 23, 2010 (for Model CL-215-6B11 (CL-415
Variant) airplanes).
Credit for Actions Accomplished in Accordance With Previous Service
Information
(k) Actions accomplished before the effective date of this AD
according to the service bulletins specified in Table 1 of this AD,
are considered acceptable for compliance with the corresponding
actions specified in this AD.
Table 1--Service Bulletins for Credit
----------------------------------------------------------------------------------------------------------------
Bombardier service bulletin-- Revision-- Dated--
----------------------------------------------------------------------------------------------------------------
215[dash]4424............................ Original.................... January 25, 2010.
215[dash]A4424........................... 1........................... May 18, 2010.
215[dash]A543............................ Original.................... May 19, 2010.
----------------------------------------------------------------------------------------------------------------
[[Page 34017]]
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service
information as follows:
(1) Although Canadian Airworthiness Directive CF-2010-38R2,
dated March 17, 2011, has a compliance time of ``No later than 01
June 2011,'' for Part II--Terminating Action, this AD has a
compliance time of ``Within 100 flight cycles or 60 days after the
effective date of this AD, whichever occurs first.'' We have
coordinated this difference with Transport Canada Civil Aviation
(TCCA).
(2) Although Canadian Airworthiness Directive CF-2010-38R2,
dated March 17, 2011, has an initial compliance time of ``within 50
flight cycles after the effective date of this AD'' for identifying
the type of rivet installed, this AD has a compliance time of
``within 50 flight cycles or 30 days after the effective date of
this AD, whichever occurs first.'' In addition, the follow-on
inspections in paragraph (i) of this AD for airplanes on which flush
rivets are determined to be installed, is ``within 100 flight cycles
or 60 days after the effective date of this AD, whichever occurs
first.'' We have coordinated this difference with TCCA.
Other FAA AD Provisions
(l) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, 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,
New York 11590; telephone 516-228-7300; fax 516-794-5531. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
Related Information
(m) Refer to MCAI Canadian Airworthiness Directive CF-2010-38R2,
dated March 17, 2011; Bombardier Service Bulletin 215-A543, Revision
1, dated June 23, 2010; and Bombardier Service Bulletin 215-A4424,
Revision 2, dated June 23, 2010; for related information.
Issued in Renton, Washington, on June 2, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-14397 Filed 6-9-11; 8:45 am]
BILLING CODE 4910-13-P