Airworthiness Directives; Bombardier, Inc., Airplanes, 21484-21487 [2017-09325]
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Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Proposed Rules
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:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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 airworthiness
directive (AD):
■
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Bombardier, Inc. (Type Certificate
Previously Held by Canadair Limited):
Docket No. FAA–2017–0333; Directorate
Identifier 2017–NM–005–AD.
(a) Comments Due Date
We must receive comments by June 23,
2017.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc. (Type
Certificate previously held by Canadair
Limited) Model CL–215–6B11 (CL–415
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Variant) airplanes, certificated in any
category, having serial numbers 2001, 2002,
2005 through 2007 inclusive, 2010, 2012
through 2017 inclusive, 2019, 2022 through
2024 inclusive, 2026, 2057, 2063, 2065, 2076,
2077, and 2081.
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/Furnishings.
(e) Reason
This AD was prompted by a report
indicating that an oxygen bottle was found
loose while the clamp strap was in the locked
position. We are issuing this AD to prevent
an oxygen bottle from being released, which
would result in a loose mass object in the
cockpit and could also result in an oxygenrich environment that could lead to a
possible fire hazard.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Installation and Modification
Within 12 months after the effective date
of this AD, install additional shims and
modify the clamp strap, as applicable, to the
flight crew’s oxygen bottle retaining
structures, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 215–4457, Revision 3, dated
May 8, 2013.
(h) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using any of the service
information identified in paragraphs (h)(1),
(h)(2), or (h)(3) of this AD.
(1) Bombardier Service Bulletin 215–4457,
Revision 2, dated October 24, 2012.
(2) Bombardier Service Bulletin 215–4457,
Revision 1, dated June 12, 2012.
(3) Bombardier Service Bulletin 215–4457,
dated April 4, 2012.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the manager of the ACO, send it
to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO,
1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone: 516–228–7300; fax:
516–794–5531. Before using any approved
AMOC, notify your appropriate principal
inspector, or lacking a principal inspector,
the manager of the local flight standards
district office/certificate holding district
office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
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be accomplished using a method approved
by the Manager, New York ACO, ANE–170,
FAA; or Transport Canada Civil Aviation
(TCCA); or Viking Air Limited’s TCCA
Design Approval Organization (DAO). If
approved by the DAO, the approval must
include the DAO-authorized signature.
(j) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
AD CF–2016–33, dated October 12, 2016, for
related information. This MCAI may be
found in the AD docket on the Internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2017–0333.
(2) For more information about this AD,
contact Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch,
ANE–171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590;
telephone: 516–228–7318; fax: 516–794–
5531.
(3) For service information identified in
ˆ
this AD, contact Bombardier, Inc., 400 Cote´
Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; telephone: 514–855–5000; fax: 514–
855–7401; email: thd.crj@
aero.bombardier.com; Internet: https://
www.bombardier.com. You may view this
service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the
availability of this material at the FAA, call
425–227–1221.
Issued in Renton, Washington, on May 2,
2017.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–09324 Filed 5–8–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0334; Directorate
Identifier 2017–NM–008–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede
Airworthiness Directive (AD) 2014–25–
01, for certain Bombardier, Inc., Model
DHC–8–400 series airplanes. AD 2014–
25–01 currently requires modifying the
nose landing gear (NLG) trailing arm
and installing a new pivot pin retention
mechanism. Since we issued AD 2014–
25–01, we have received reports of
discrepancies of a certain bolt at the
SUMMARY:
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Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Proposed Rules
pivot pin link, resulting in corrosion of
the bolt. This proposed AD would
instead require modifying the NLG
shock strut assembly. We are proposing
this AD to address the unsafe condition
on these products.
We must receive comments on
this proposed AD by June 23, 2017.
DATES:
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Bombardier, Inc., QSeries Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5,
Canada; telephone 416–375–4000; fax
416–375–4539; email thd.qseries@
aero.bombardier.com; Internet https://
www.bombardier.com. You may view
this referenced service information at
the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the
availability of this material at the FAA,
call 425–227–1221.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0334; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this 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.
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FOR FURTHER INFORMATION CONTACT:
Fabio Buttitta, Aerospace Engineer,
Airframe and Mechanical Systems
Branch, ANE–171, FAA, New York
Aircraft Certification Office, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516–228–7303; fax
516–794–5531.
SUPPLEMENTARY INFORMATION:
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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–2017–0334; Directorate Identifier
2017–NM–008–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
On November 28, 2014, we issued AD
2014–25–01, Amendment 39–18042 (79
FR 73808, December 12, 2014) (‘‘AD
2014–25–01’’), for certain Bombardier,
Inc., Model DHC–8–400 series airplanes.
AD 2014–25–01 was prompted by a
report of several missing or damaged
pivot pin retention bolts. AD 2014–25–
01 requires modifying the NLG trailing
arm and installing a new pivot pin
retention mechanism. We issued AD
2014–25–01 to prevent failure of the
pivot pin retention bolt, which could
result in a loss of directional control or
loss of an NLG tire during take-off or
landing.
Since we issued AD 2014–25–01, we
have received reports of missing or
damaged pivot pin retention bolts and
chrome peeling on special bolt part
number 47205–1 at the pivot pin link,
resulting in corrosion of the bolt
substrate layer. Therefore, we have
determined that the actions required by
AD 2014–25–01 do not address the
identified unsafe condition.
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian
Airworthiness Directive CF–2009–29R2,
dated December 21, 2016 (referred to
after this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Bombardier, Inc., Model
DHC–8–400 series airplanes. The MCAI
states:
Two in-service incidents have been
reported on DHC–8 Series 400 aircraft in
which the nose landing gear (NLG) trailing
arm pivot pin retention bolt (part number
NAS6204–13D) was damaged. One incident
involved the left hand NLG tire which
ruptured on take-off. Investigation
determined that the retention bolt failure was
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due to repeated contact of the castellated nut
with the towing device including both the
towbar and the towbarless rigs. The loss of
the retention bolt allowed the pivot pin to
migrate from its normal position and resulted
in contact with and rupture of the tire. The
loss of the pivot pin could compromise
retention of the trailing arm and could result
in a loss of directional control due to loss of
nose wheel steering. The loss of an NLG tire
or the loss of directional control could
adversely affect the aircraft during take-off or
landing.
To prevent the potential failure of the pivot
pin retention bolt, Bombardier Aerospace has
developed a modification which includes a
new retention bolt, a reverse orientation of
the retention bolt and a rework of the weight
on wheel (WOW) proximity sensor cover to
provide clearance for the re-oriented
retention bolt.
Since the original issue of this [Canadian]
AD [which corresponds to AD 2010–13–04,
Amendment 39–16335 (75 FR 35622, June
23, 2010)], there have been several reports of
pivot pin retention bolts found missing or
damaged. Additional investigation
determined that the failures were caused by
high contact stresses on the retention bolt
due to excessive frictional torque on the
pivot pin and an adverse tolerance condition
at the retention bolt.
Revision 1 of this [Canadian] AD mandated
the installation of a new pivot pin retention
mechanism.
Since the issuance of Revision 1 of this
[Canadian] AD, there have been reports of
chrome peeling on special bolt part number
47205–1 at the pivot pin link resulting in
corrosion of the bolt substrate layer.
Revision 2 of this [Canadian] AD mandates
the installation of new special bolt part
number 47205–3 with additional processing
for increased chrome plating adhesion on
aeroplanes equipped with nose landing gear
shock strut assembly part number 47100–19
or any assembly with Bombardier (BA)
Service Bulletin (SB) 84–32–110
incorporated. In addition, Revision 2 of this
[Canadian] AD mandates the installation of a
new pivot pin retention mechanism that
includes new special bolt part number
47205–3 on aeroplanes equipped with nose
landing gear shock strut assembly part
number 47100–9, 47100–11, 47100–13,
47100–15, or 47100–17 without BA SB 84–
32–110 incorporated. The corrective actions
of Revision 2 of this [Canadian] AD cancel
and replace the corrective actions of Revision
1 of this [Canadian] AD.
You may examine the MCAI in the
AD docket on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0334.
Related Service Information Under 1
CFR Part 51
Bombardier, Inc., has issued
Bombardier Service Bulletin 84–32–145,
Revision A, dated October 18, 2016. The
service information describes
procedures for modifying the NLG
shock strut assembly by installing a
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Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Proposed Rules
new, improved pivot pin retention
mechanism and a new retention bolt.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
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.
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Costs of Compliance
We estimate that this proposed AD
affects 52 airplanes of U.S. registry.
We also estimate that it would take
about 2 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Required
parts would cost about $0 per product.
Based on these figures, we estimate the
cost of this proposed AD on U.S.
operators to be $8,840, or $170 per
product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
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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:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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
removing Airworthiness Directive (AD)
2014–25–01, Amendment 39–18042 (79
FR 73808, December 12, 2014), and
adding the following new AD:
■
Bombardier, Inc.: Docket No. FAA–2017–
0334; Directorate Identifier 2017–NM–
008–AD.
(a) Comments Due Date
We must receive comments by June 23,
2017.
(b) Affected ADs
This AD replaces AD 2014–25–01,
Amendment 39–18042 (79 FR 73808,
December 12, 2014).
(c) Applicability
This AD applies to Bombardier, Inc.,
Model DHC–8–400, –401, and –402
airplanes, certificated in any category, serial
numbers 4001, 4003 through 4533 inclusive,
and 4535, equipped with any nose landing
gear (NLG) shock strut assembly having part
number 47100–9, 47100–11, 47100–13,
47100–15, 47100–17, or 47100–19.
(d) Subject
Air Transport Association (ATA) of
America Code 32, Landing Gear.
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(e) Reason
This AD was prompted by reports of
missing or damaged pivot pin retention bolts
and chrome peeling on a certain bolt at the
pivot pin link, resulting in corrosion of the
bolt. We are issuing this AD to prevent
failure of the pivot pin retention bolt, which
could result in a loss of directional control
or loss of an NLG tire during takeoff or
landing.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Installation of Improved Pivot Pin
Retention Mechanism and Bolt
Within 6,000 flight hours or 36 months
after the effective date of this AD, whichever
occurs first: Install a new pivot pin retention
mechanism to the NLG shock strut assembly,
and replace the existing pivot pin retention
bolt with a new bolt, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 84–32–145, Revision A,
dated October 18, 2016.
(h) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using Bombardier Service
Bulletin 84–32–145, dated July 26, 2016.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the manager of the New York
ACO, send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–228–
7300; fax 516–794–5531. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office.
(2) Contacting the Manufacturer: As of the
effective date of this AD, for any requirement
in this AD to obtain corrective actions from
a manufacturer, the action must be
accomplished using a method approved by
the Manager, New York ACO, ANE–170,
FAA; or Transport Canada Civil Aviation
(TCCA); or Bombardier, Inc.’s TCCA Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
(j) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
Airworthiness Directive CF–2009–29R2,
dated December 21, 2016, for related
information. This MCAI may be found in the
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AD docket on the Internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2017–0334.
(2) For more information about this AD,
contact Fabio Buttitta, Aerospace Engineer,
Airframe and Mechanical Systems Branch,
ANE–171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7303; fax 516–794–5531.
(3) For service information identified in
this AD, contact Bombardier, Inc., Q-Series
Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada;
telephone 416–375–4000; fax 416–375–4539;
email thd.qseries@aero.bombardier.com;
Internet https://www.bombardier.com. You
may view this service information at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on May 2,
2017.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
of the FAST Act amended the
exemption from investment adviser
registration for any adviser solely to
‘‘private funds’’ with less than $150
million in assets under management in
Advisers Act section 203(m) by
excluding the assets of ‘‘small business
investment companies’’ when
calculating ‘‘private fund assets’’
towards the registration threshold of
$150 million. Accordingly, we are
proposing to amend the definition of
‘‘assets under management’’ in the
private fund adviser exemption to
exclude the assets of ‘‘small business
investment companies.’’
DATES: Comments on the proposed rule
amendments should be received on or
before June 8, 2017.
ADDRESSES: Comments may be
submitted by any of the following
methods:
Electronic Comments
17 CFR Part 275
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/proposed.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File No. S7–05–
17 on the subject line; or
• Use the Federal eRulemaking Portal
(https://www.regulations.gov). Follow the
instructions for submitting comments.
[Release No. IA–4697; File No. S7–05–17]
Paper Comments
RIN 3235–AM02
• Send paper comments to Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number S7–05–17. This file number
should be included on the subject line
if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Web site (https://www.sec.gov/rules/
proposed.shtml). Comments are also
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly.
Studies, memoranda or other
substantive items may be added by the
Commission or staff to the comment file
during this rulemaking. A notification of
the inclusion in the comment file of any
such materials will be made available
on the Commission’s Web site. To
[FR Doc. 2017–09325 Filed 5–8–17; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
Amendments to Investment Advisers
Act Rules To Reflect Changes Made by
the FAST Act
Securities and Exchange
Commission.
ACTION: Proposed rule.
AGENCY:
We are proposing to amend
the definition of a venture capital fund
(rule 203(l)–1) and the private fund
adviser exemption (rule 203(m)–1)
under the Investment Advisers Act of
1940 (the ‘‘Advisers Act’’) in order to
reflect changes made by title LXXIV,
sections 74001 and 74002 of the Fixing
America’s Surface Transportation Act of
2015 (the ‘‘FAST Act’’), which amended
sections 203(l) and 203(m) of the
Advisers Act. Title LXXIV, section
74001 of the FAST Act amended the
exemption from investment adviser
registration for any adviser solely to one
or more ‘‘venture capital funds’’ in
Advisers Act section 203(l) by deeming
‘‘small business investment companies’’
to be ‘‘venture capital funds’’ for
purposes of the exemption.
Accordingly, we are proposing to amend
the definition of a venture capital fund
to include ‘‘small business investment
companies.’’ Title LXXIV, section 74002
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SUMMARY:
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ensure direct electronic receipt of such
notifications, sign up through the ‘‘Stay
Connected’’ option at www.sec.gov to
receive notifications by email.
FOR FURTHER INFORMATION CONTACT:
Jennifer Songer, Senior Counsel or Alpa
Patel, Branch Chief at (202) 551–6787 or
IArules@sec.gov, Investment Adviser
Regulation Office, Division of
Investment Management, Securities and
Exchange Commission, 100 F Street NE.,
Washington, DC 20549–8549.
SUPPLEMENTARY INFORMATION: The
Commission is proposing amendments
to rules 203(l)–1 [17 CFR 275.203(l)–1]
and 203(m)–1 [17 CFR 275.203(m)–1]
under the Investment Advisers Act of
1940 [15 U.S.C. 80b].1
Table of Contents
I. Background
II. Discussion
A. Proposed Amendments to Rule
203(l)–1
B. Proposed Amendments to Rule
203(m)–1
III. Economic Analysis
A. Introduction and Economic Justification
B. Costs and Benefits
C. Efficiency, Competition, and Capital
Formation
D. Request for Comment
IV. Paperwork Reduction Act Analysis
V. Regulatory Flexibility Act Certification
VI. Consideration of the Impact on the
Economy
VII. Statutory Authority
VIII. Text of Proposed Rule Amendments
I. Background
The Fixing America’s Surface
Transportation Act of 2015 (the ‘‘FAST
Act’’) 2 amended sections 203(l) and
203(m) of the Investment Advisers Act
of 1940 (the ‘‘Advisers Act’’) 3 regarding
the registration of investment advisers
to small business investment companies
(‘‘SBICs’’).4 Title LXXIV, section 74001
1 Unless otherwise noted, when we refer to the
Advisers Act, or any paragraph of the Advisers Act,
we are referring to 15 U.S.C. 80b of the United
States Code [15 U.S.C. 80b], at which the Advisers
Act is codified, and when we refer to Advisers Act
rules, or any paragraph of these rules, we are
referring to Title 17, Part 275 of the Code of Federal
Regulations [17 CFR 275], in which these rules are
published.
2 Public Law 114–94, 129 Stat. 1312 (Dec. 4,
2015).
3 15 U.S.C. 80b.
4 An SBIC is (other than an entity that has elected
to be regulated or is regulated as a business
development company pursuant to section 54 of the
Investment Company Act of 1940): (A) A small
business investment company that is licensed
under the Small Business Investment Act of 1958
(‘‘SBIA’’), (B) an entity that has received from the
Small Business Administration notice to proceed to
qualify for a license as a small business investment
company under the SBIA, which notice or license
has not been revoked, or (C) an applicant that is
affiliated with 1 or more licensed small business
investment companies described in subparagraph
E:\FR\FM\09MYP1.SGM
Continued
09MYP1
Agencies
[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Proposed Rules]
[Pages 21484-21487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09325]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0334; Directorate Identifier 2017-NM-008-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-25-
01, for certain Bombardier, Inc., Model DHC-8-400 series airplanes. AD
2014-25-01 currently requires modifying the nose landing gear (NLG)
trailing arm and installing a new pivot pin retention mechanism. Since
we issued AD 2014-25-01, we have received reports of discrepancies of a
certain bolt at the
[[Page 21485]]
pivot pin link, resulting in corrosion of the bolt. This proposed AD
would instead require modifying the NLG shock strut assembly. We are
proposing this AD to address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by June 23, 2017.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-
4539; email thd.qseries@aero.bombardier.com; Internet https://www.bombardier.com. You may view this referenced service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0334; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this 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: Fabio Buttitta, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7303; 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-2017-0334;
Directorate Identifier 2017-NM-008-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
On November 28, 2014, we issued AD 2014-25-01, Amendment 39-18042
(79 FR 73808, December 12, 2014) (``AD 2014-25-01''), for certain
Bombardier, Inc., Model DHC-8-400 series airplanes. AD 2014-25-01 was
prompted by a report of several missing or damaged pivot pin retention
bolts. AD 2014-25-01 requires modifying the NLG trailing arm and
installing a new pivot pin retention mechanism. We issued AD 2014-25-01
to prevent failure of the pivot pin retention bolt, which could result
in a loss of directional control or loss of an NLG tire during take-off
or landing.
Since we issued AD 2014-25-01, we have received reports of missing
or damaged pivot pin retention bolts and chrome peeling on special bolt
part number 47205-1 at the pivot pin link, resulting in corrosion of
the bolt substrate layer. Therefore, we have determined that the
actions required by AD 2014-25-01 do not address the identified unsafe
condition.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-29R2, dated December 21, 2016 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc., Model DHC-8-
400 series airplanes. The MCAI states:
Two in-service incidents have been reported on DHC-8 Series 400
aircraft in which the nose landing gear (NLG) trailing arm pivot pin
retention bolt (part number NAS6204-13D) was damaged. One incident
involved the left hand NLG tire which ruptured on take-off.
Investigation determined that the retention bolt failure was due to
repeated contact of the castellated nut with the towing device
including both the towbar and the towbarless rigs. The loss of the
retention bolt allowed the pivot pin to migrate from its normal
position and resulted in contact with and rupture of the tire. The
loss of the pivot pin could compromise retention of the trailing arm
and could result in a loss of directional control due to loss of
nose wheel steering. The loss of an NLG tire or the loss of
directional control could adversely affect the aircraft during take-
off or landing.
To prevent the potential failure of the pivot pin retention
bolt, Bombardier Aerospace has developed a modification which
includes a new retention bolt, a reverse orientation of the
retention bolt and a rework of the weight on wheel (WOW) proximity
sensor cover to provide clearance for the re-oriented retention
bolt.
Since the original issue of this [Canadian] AD [which
corresponds to AD 2010-13-04, Amendment 39-16335 (75 FR 35622, June
23, 2010)], there have been several reports of pivot pin retention
bolts found missing or damaged. Additional investigation determined
that the failures were caused by high contact stresses on the
retention bolt due to excessive frictional torque on the pivot pin
and an adverse tolerance condition at the retention bolt.
Revision 1 of this [Canadian] AD mandated the installation of a
new pivot pin retention mechanism.
Since the issuance of Revision 1 of this [Canadian] AD, there
have been reports of chrome peeling on special bolt part number
47205-1 at the pivot pin link resulting in corrosion of the bolt
substrate layer.
Revision 2 of this [Canadian] AD mandates the installation of
new special bolt part number 47205-3 with additional processing for
increased chrome plating adhesion on aeroplanes equipped with nose
landing gear shock strut assembly part number 47100-19 or any
assembly with Bombardier (BA) Service Bulletin (SB) 84-32-110
incorporated. In addition, Revision 2 of this [Canadian] AD mandates
the installation of a new pivot pin retention mechanism that
includes new special bolt part number 47205-3 on aeroplanes equipped
with nose landing gear shock strut assembly part number 47100-9,
47100-11, 47100-13, 47100-15, or 47100-17 without BA SB 84-32-110
incorporated. The corrective actions of Revision 2 of this
[Canadian] AD cancel and replace the corrective actions of Revision
1 of this [Canadian] AD.
You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0334.
Related Service Information Under 1 CFR Part 51
Bombardier, Inc., has issued Bombardier Service Bulletin 84-32-145,
Revision A, dated October 18, 2016. The service information describes
procedures for modifying the NLG shock strut assembly by installing a
[[Page 21486]]
new, improved pivot pin retention mechanism and a new retention bolt.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
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.
Costs of Compliance
We estimate that this proposed AD affects 52 airplanes of U.S.
registry.
We also estimate that it would take about 2 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $0 per
product. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $8,840, or $170 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this 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:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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
0
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]
0
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2014-25-01, Amendment 39-18042 (79 FR 73808, December 12, 2014), and
adding the following new AD:
Bombardier, Inc.: Docket No. FAA-2017-0334; Directorate Identifier
2017-NM-008-AD.
(a) Comments Due Date
We must receive comments by June 23, 2017.
(b) Affected ADs
This AD replaces AD 2014-25-01, Amendment 39-18042 (79 FR 73808,
December 12, 2014).
(c) Applicability
This AD applies to Bombardier, Inc., Model DHC-8-400, -401, and
-402 airplanes, certificated in any category, serial numbers 4001,
4003 through 4533 inclusive, and 4535, equipped with any nose
landing gear (NLG) shock strut assembly having part number 47100-9,
47100-11, 47100-13, 47100-15, 47100-17, or 47100-19.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
Gear.
(e) Reason
This AD was prompted by reports of missing or damaged pivot pin
retention bolts and chrome peeling on a certain bolt at the pivot
pin link, resulting in corrosion of the bolt. We are issuing this AD
to prevent failure of the pivot pin retention bolt, which could
result in a loss of directional control or loss of an NLG tire
during takeoff or landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Installation of Improved Pivot Pin Retention Mechanism and Bolt
Within 6,000 flight hours or 36 months after the effective date
of this AD, whichever occurs first: Install a new pivot pin
retention mechanism to the NLG shock strut assembly, and replace the
existing pivot pin retention bolt with a new bolt, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
84-32-145, Revision A, dated October 18, 2016.
(h) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Bombardier Service Bulletin 84-32-145, dated
July 26, 2016.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the New York ACO, send it to ATTN:
Program Manager, Continuing Operational Safety, FAA, New York ACO,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; fax 516-794-5531. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office.
(2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, New York ACO, ANE-170, FAA; or Transport
Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design
Approval Organization (DAO). If approved by the DAO, the approval
must include the DAO-authorized signature.
(j) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2009-29R2, dated December
21, 2016, for related information. This MCAI may be found in the
[[Page 21487]]
AD docket on the Internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0334.
(2) For more information about this AD, contact Fabio Buttitta,
Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171,
FAA, New York Aircraft Certification Office, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone 516-228-7303; fax 516-794-
5531.
(3) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000;
fax 416-375-4539; email thd.qseries@aero.bombardier.com; Internet
https://www.bombardier.com. You may view this service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call 425-227-1221.
Issued in Renton, Washington, on May 2, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-09325 Filed 5-8-17; 8:45 am]
BILLING CODE 4910-13-P