Airworthiness Directives; Bombardier, Inc., Airplanes, 49498-49501 [2017-23015]
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49498
Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations
(2) 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.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Los Angeles
ACO Branch, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) Except as required by paragraph (h)(2)
of this AD: For service information that
contains steps that are labeled as Required
for Compliance (RC), the provisions of
paragraphs (k)(4)(i) and (k)(4)(ii) of this AD
apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. An AMOC is required for any
deviations to RC steps, including substeps
and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
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(l) Related Information
For more information about this AD,
contact Jennifer Tsakoumakis, Airframe
Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA
90712–4137; phone: 562–627–5264; fax: 562–
627–5210; email: jennifer.tsakoumakis@
faa.gov.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 737–
53A1349, dated August 23, 2016.
(ii) Reserved.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; Internet https://
www.myboeingfleet.com.
(4) You may view this service information
at the FAA, Transport Standards Branch,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
VerDate Sep<11>2014
18:08 Oct 25, 2017
Jkt 244001
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on October
11, 2017.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2017–22950 Filed 10–25–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0521; Product
Identifier 2016–NM–189–AD; Amendment
39–19086; AD 2017–22–06]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Bombardier, Inc., Model CL–600–2B16
(CL–601–3A, CL–601–3R, and CL–604
Variants) airplanes. This AD was
prompted by reports of fuel leaks in the
engine and auxiliary power unit (APU)
electrical fuel pump (EFP) cartridge/
canister electrical connectors and
conduits. This AD requires repetitive
inspections for fuel leakage at the
engine and APU fuel pumps, and
related investigative and corrective
actions if necessary. We are issuing this
AD to address the unsafe condition on
these products.
DATES: This AD is effective November
30, 2017.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of November 30, 2017.
ADDRESSES: For service information
identified in this final rule, contact
ˆ
Bombardier, Inc., 400 Cote-Vertu Road
´
West, Dorval, Quebec H4S 1Y9, Canada;
Widebody Customer Response Center
North America toll-free telephone 1–
866–538–1247 or direct-dial telephone
1–514–855–2999; fax 514–855–7401;
email ac.yul@aero.bombardier.com;
Internet https://www.bombardier.com.
You may view this referenced service
information at the FAA, Transport
Standards Branch, 1601 Lind Avenue
SUMMARY:
PO 00000
Frm 00014
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SW., Renton, WA. For information on
the availability of this material at the
FAA, call 425–227–1221. It is also
available on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0521.
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–
0521; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (telephone 800–647–
5527) is Docket Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Steven Dzierzynski, Aerospace
Engineer, Avionics and Administrative
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone
516–228–7367; fax 516–794–5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Bombardier, Inc., Model
CL–600–2B16 (CL–601–3A, CL–601–3R,
and CL–604 Variants) airplanes. The
NPRM published in the Federal
Register on June 2, 2017 (82 FR 25556)
(‘‘the NPRM’’). The NPRM was
prompted by reports of fuel leaks in the
engine and APU EFP cartridge/canister
electrical connectors and conduits. The
NPRM proposed to require repetitive
inspections for fuel leakage at the
engine and APU fuel pumps, and
related investigative and corrective
actions if necessary. We are issuing this
AD to detect and correct fuel leaks in
certain fuel pumps to remove a potential
fuel ignition hazard.
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian
Airworthiness Directive CF–2016–32R1,
dated October 12, 2016 (referred to after
this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Bombardier, Inc., Model CL–
600–2B16 (CL–601–3A, CL–601–3R, and
CL–604 Variants) airplanes. The MCAI
states:
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26OCR1
Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations
Fuel leaks have been reported in the engine
and auxiliary power unit (APU) electrical
fuel pump (EFP) cartridge/canister electrical
connectors and conduits on production
aeroplanes. Initially, Bombardier had
determined that the subject discrepancy was
limited to the new pump canister
installations on 24 production aeroplanes.
Bombardier also reported the possibility of
cut insulation on the electric harness wires
of the newly installed canister housing
assemblies.
Emergency [Canadian] AD CF–2014–17
[which corresponds to FAA AD 2014–15–17,
Amendment 39–17919 (79 FR 44268, July 31,
2014)] was issued to limit landing light
operation on-ground in order to address a
potential fire hazard as result of a possible
fuel leak from the APU, EFP electrical
conduit in the landing light compartment. In
addition, [Canadian] AD CF–2014–21 [which
corresponds to FAA AD 2014–20–01,
Amendment 39–17974 (79 FR 59640, October
3, 2014), superseded by FAA AD 2016–10–
10, Amendment 39–18521 (81 FR 31497, May
19, 2016) (‘‘AD 2016–10–10’’)] was issued to
mandate removal of then identified 24
discrepant EFP canister assemblies from
service.
Bombardier has recently determined that
the subject fuel leaks may not be limited to
the 24 units affected by [Canadian] AD CF–
2014–21 [(AD 2016–10–10)], but may
potentially affect other in-service
[Bombardier Model] CL–600–2B16
aeroplanes. Until such time that a final fix for
the fuel leak problem is realized, Bombardier
as an interim mitigating action, has issued
[Service Bulletin] SB 604–28–022 and SB
605–28–010 that introduces [a] repeat
[general visual] inspection and if required,
rectification [related investigative and
corrective actions] of subject fuel leaks on
affected aeroplanes. [Canadian] AD CF–
2016–32 was issued on 29 September 2016 to
mandate compliance with applicable
Bombardier SBs, to mitigate any potential
safety hazard resulting from fuel leaks.
Revision 1 of this [Canadian] AD is being
issued to correct a typographic error in
paragraph B.1. of the [Canadian AD]
Corrective Actions.
49499
included in the applicability of this AD.
We have not changed this AD in this
regard.
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–
0521.
Conclusion
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comment
received on the NPRM and the FAA’s
response.
Request To Delay Issuance Until the
Release of New Service Information
Bombardier, Inc., indicated its intent
to revise Bombardier Service Bulletin
604–28–022, dated October 19, 2015;
and Bombardier Service Bulletin 605–
28–010, dated October 19, 2015.
Bombardier, Inc., stated that these
revisions will change the inspection
instructions. Bombardier, Inc., further
added that it plans to publish new
service information to introduce similar
inspections on Model CL–650 airplanes.
We infer that Bombardier, Inc., is
requesting that we delay the issuance of
this final rule until after the revised
service information is released and then
refer to the revised service information.
We disagree with the commenter’s
request. We do not consider that
delaying this action until release of the
planned service information is
warranted since the service information
incorporated by reference in this AD
adequately addresses the unsafe
condition. We might consider additional
rulemaking once the revised service
information is released, or if new
service information is issued for Model
CL–650 airplanes, which are not
We reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting this AD
as proposed except for minor editorial
changes. We have determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
correcting the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Related Service Information Under 1
CFR Part 51
Bombardier, Inc., has issued Service
Bulletin 604–28–022, dated October 19,
2015; and Service Bulletin 605–28–010,
dated October 19, 2015. This service
information describes procedures for
repetitive general visual inspections for
fuel leakage at the engine and APU fuel
pumps, and related investigative and
corrective actions if necessary. These
documents are distinct since they apply
to airplanes in different configurations.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 121
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
ESTIMATED COSTS
Action
Labor cost
Inspections ...................
1 work-hour × $85 per hour = $85 per inspection cycle.
For Model CL–600–2B16 airplanes
having serial numbers 5701 through
5955 inclusive, 5957, 5960 through 5966
inclusive, 5968 through 5971 inclusive,
Cost per
product
Parts cost
$0
and 5981, we estimate the following
costs to do any necessary replacements
that would be required based on the
results of the required inspection. We
$85 per inspection
cycle.
Cost on U.S. operators
$10,285 per inspection
cycle.
have no way of determining the number
of aircraft that might need these
replacements:
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ON-CONDITION COSTS
Action
Labor cost
Replace o-ring in affected pump ..................................
Replace cartridge in affected pump .............................
3 work-hours × $85 per hour = $255 ...........................
2 work-hours × $85 per hour = $170 ...........................
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18:08 Oct 25, 2017
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Parts cost
26OCR1
$17
8,618
Cost per
product
$272
8,788
49500
Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations
For Model CL–600–2B16 airplanes
having serial numbers 5301 through
5665 inclusive, we have received no
definitive data that would enable us to
provide cost estimates for the oncondition actions specified in this AD.
According to the manufacturer, some
of the costs of this AD may be covered
under warranty, thereby reducing the
cost impact on affected individuals. We
do not control warranty coverage for
affected individuals. As a result, we
have included all costs in our cost
estimate.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
This AD is issued in accordance with
authority delegated by the Executive
Director, Aircraft Certification Service,
as authorized by FAA Order 8000.51C.
In accordance with that order, issuance
of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to transport category
airplanes to the Director of the System
Oversight Division.
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We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
18:08 Oct 25, 2017
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2017–22–06 Bombardier, Inc.: Amendment
39–19086; Docket No. FAA–2017–0521;
Product Identifier 2016–NM–189–AD.
(a) Effective Date
This AD is effective November 30, 2017.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc.,
Model CL–600–2B16 (CL–601–3A, CL–601–
3R, and CL–604 Variants) airplanes,
certificated in any category, having serial
numbers 5301 through 5665 inclusive, 5701
through 5955 inclusive, 5957, 5960 through
5966 inclusive, 5968 through 5971 inclusive,
and 5981.
(d) Subject
Regulatory Findings
VerDate Sep<11>2014
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.
Jkt 244001
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Reason
This AD was prompted by reports of fuel
leaks in the engine and auxiliary power unit
(APU) electrical fuel pump (EFP) cartridge/
canister electrical connectors and conduits.
We are issuing this AD to detect and correct
fuel leaks in certain fuel pumps to remove a
potential fuel ignition hazard.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) General Visual Inspections and
Corrective Actions—Model CL–600–2B16
Airplanes, Serial Numbers 5301 through
5665 Inclusive
For Model CL–600–2B16 airplanes having
serial numbers 5301 through 5665 inclusive:
Within 600 flight hours or 12 months,
whichever occurs first, after the effective date
of this AD, do the inspections specified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD,
and do all applicable corrective actions, in
accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
604–28–022, dated October 19, 2015; except
where Bombardier Service Bulletin 604–28–
022, dated October 19, 2015, specifies to
contact the manufacturer, before further
flight accomplish corrective actions in
accordance with the procedures specified in
paragraph (i)(2) of this AD. Do all applicable
corrective actions before further flight.
Repeat the inspections at intervals not to
exceed 600 flight hours or 12 months,
whichever occurs first.
(1) Do a general visual inspection for traces
of fuel coming from the right-hand engine
boost pump at the location of the belly fairing
screw (FS412, BL 0.0).
(2) Do a general visual inspection for traces
of fuel coming from the left-hand engine
boost pump at the location of the belly fairing
screw (FS412, BL 0.0).
(3) Do a general visual inspection for traces
of fuel coming from the EFP electrical wiring
conduit outlet at the lower body fairing area
for engine EFPs and at the right-hand landing
light compartment for the APU EFP.
(h) General Visual Inspections and Related
Investigative and Corrective Actions—Model
CL–600–2B16 Airplanes Having Serial
Numbers 5701 through 5955 Inclusive, 5957,
5960 through 5966 Inclusive, 5968 through
5971 Inclusive, and 5981
For Model CL–600–2B16 airplanes having
serial numbers 5701 through 5955 inclusive,
5957, 5960 through 5966 inclusive, 5968
through 5971 inclusive, and 5981: Within
600 flight hours or 12 months, whichever
occurs first, after the effective date of this
AD, do the inspections specified in
paragraphs (h)(1), (h)(2), and (h)(3) of this
AD, and do all applicable related
investigative and corrective actions, in
accordance with the Accomplishment
Instructions in Bombardier Service Bulletin
605–28–010, dated October 19, 2015; except
where Bombardier Service Bulletin 605–28–
010, dated October 19, 2015, specifies to
contact the manufacturer, before further
flight accomplish corrective actions in
accordance with the procedures specified in
paragraph (i)(2) of this AD. Do all applicable
related investigative and corrective actions
before further flight. Repeat the inspections
at intervals not to exceed 600 flight hours or
12 months, whichever occurs first.
(1) Do a general visual inspection for traces
of fuel coming from the right-hand engine
boost pump at the location of the belly fairing
screw (FS412, BL 0.0).
(2) Do a general visual inspection for traces
of fuel coming from the left-hand engine
boost pump at the location of the belly fairing
screw (FS412, BL 0.0).
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Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations
(3) Do a general visual inspection of the
right-hand landing light compartment for
traces of fuel coming from the APU EFP.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, 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 certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 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
be accomplished using a method approved
by the Manager, New York ACO Branch,
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.
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(j) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
AD CF–2016–32R1, 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–2017–0521.
(2) For more information about this AD,
contact Steven Dzierzynski, Aerospace
Engineer, Avionics and Administrative
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–228–
7367; fax 516–794–5531.
(3) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (k)(3) and (k)(4) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Bombardier Service Bulletin 604–28–
022, dated October 19, 2015.
(ii) Bombardier Service Bulletin 605–28–
010, dated October 19, 2015.
(3) For service information identified in
ˆ
this AD, contact Bombardier, Inc., 400 Cote´
Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; Widebody Customer Response
Center North America toll-free telephone 1–
866–538–1247 or direct-dial telephone 1–
VerDate Sep<11>2014
18:08 Oct 25, 2017
Jkt 244001
514–855–2999; fax 514–855–7401; email
ac.yul@aero.bombardier.com; Internet https://
www.bombardier.com.
(4) You may view this service information
at the FAA, Transport Standards Branch,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on October
17, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft
Certification Service.
[FR Doc. 2017–23015 Filed 10–25–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 4, 5, and 16
[Docket No. PL17–3–000]
Policy Statement on Establishing
License Terms for Hydroelectric
Projects
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Policy statement.
AGENCY:
The Federal Energy
Regulatory Commission (Commission) is
giving notice of a new policy on
establishing license terms for
hydroelectric projects. In this Policy
Statement, the Commission adopts a 40year default license term for original
and new licenses for hydropower
projects located at non-federal dams.
The Policy Statement also sets forth
when the Commission will consider
issuing those projects a license with a
term for less or more than 40 years.
DATES: This policy statement will be
applicable as of October 26, 2017.
FOR FURTHER INFORMATION CONTACT:
Nicholas Jayjack, (Technical
Information), Office of Energy
Projects, Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502–
6073.
Carolyn Clarkin, (Legal Information),
Office of the General Counsel—Energy
Projects, Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502–
8563.
SUMMARY:
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49501
SUPPLEMENTARY INFORMATION:
1. In this Policy Statement, the
Commission sets forth a new policy on
establishing license terms for original
and new licenses for hydropower
projects located at non-federal dams.
The goal of this action is to provide
more certainty for stakeholders
regarding the Commission’s regulatory
process, reduce regulatory burden,
increase administrative efficiency for all
stakeholders, and further encourage
licensees to negotiate settlement
agreements and promptly seek
authorization to implement voluntary
environmental, recreational, and
developmental enhancements.
I. Background
A. Current License Term Policy
2. Section 6 of the Federal Power Act
(FPA) 1 provides that hydropower
licenses shall be issued for a term not
to exceed 50 years. There is no
minimum license term for original
licenses. FPA section 15(e) 2 provides
that any ‘‘new license’’ 3 shall be for a
term that the Commission determines to
be in the public interest, but not less
than 30 years or more than 50 years.
3. It is current Commission policy to
set a 50-year term for licenses issued for
projects located at federal dams.4 For
projects located at non-federal dams, the
Commission sets a 30-year term where
there is little or no authorized
redevelopment, new construction, or
environmental mitigation and
enhancement; a 40-year term for a
license involving a moderate amount of
these activities; and a 50-year term
where there is an extensive amount of
such activity.5 The Commission
previously established this policy to
ease the economic impact of new costs,
promote balanced and comprehensive
development of renewable power
generating resources, and encourage
licensees to be good environmental
stewards.6
4. Determining whether the measures
required under a license are minimal,
moderate, or extensive is highly case1 16
U.S.C. 799 (2012).
U.S.C. 808(e) (2012).
3 ‘‘New license’’ is the term used in the FPA to
refer to a license issued to replace a project’s
expiring license.
4 City of Danville, Virginia, 58 FERC ¶ 61,318, at
62,020 (1992) (citing Little Falls Hydroelectric
Associates, 27 FERC ¶ 61,376 (1984)).
5 Id. (addressing original licenses); Consumers
Power Co., 68 FERC ¶ 61,077, at 61,384 (1994)
(addressing new licenses). Projects that entail
construction of a new dam have generally received
50-year licenses. City of Danville, Virginia, 58 FERC
¶ 61,318 at 62,020 (citing Little Falls Hydroelectric
Associates, 27 FERC ¶ 61,376).
6 Consumers Power Co., 68 FERC ¶ 61,077 at
61,384.
2 16
E:\FR\FM\26OCR1.SGM
26OCR1
Agencies
[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Rules and Regulations]
[Pages 49498-49501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23015]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0521; Product Identifier 2016-NM-189-AD; Amendment
39-19086; AD 2017-22-06]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc., Model CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604
Variants) airplanes. This AD was prompted by reports of fuel leaks in
the engine and auxiliary power unit (APU) electrical fuel pump (EFP)
cartridge/canister electrical connectors and conduits. This AD requires
repetitive inspections for fuel leakage at the engine and APU fuel
pumps, and related investigative and corrective actions if necessary.
We are issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective November 30, 2017.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 30,
2017.
ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax 514-855-7401; email [email protected];
Internet https://www.bombardier.com. You may view this referenced
service information at the FAA, Transport Standards Branch, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221. It is also available on the
Internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2017-0521.
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-
0521; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace
Engineer, Avionics and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7367; fax 516-794-5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Bombardier, Inc.,
Model CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants)
airplanes. The NPRM published in the Federal Register on June 2, 2017
(82 FR 25556) (``the NPRM''). The NPRM was prompted by reports of fuel
leaks in the engine and APU EFP cartridge/canister electrical
connectors and conduits. The NPRM proposed to require repetitive
inspections for fuel leakage at the engine and APU fuel pumps, and
related investigative and corrective actions if necessary. We are
issuing this AD to detect and correct fuel leaks in certain fuel pumps
to remove a potential fuel ignition hazard.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2016-32R1, dated October 12, 2016 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc., Model CL-600-
2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. The MCAI
states:
[[Page 49499]]
Fuel leaks have been reported in the engine and auxiliary power
unit (APU) electrical fuel pump (EFP) cartridge/canister electrical
connectors and conduits on production aeroplanes. Initially,
Bombardier had determined that the subject discrepancy was limited
to the new pump canister installations on 24 production aeroplanes.
Bombardier also reported the possibility of cut insulation on the
electric harness wires of the newly installed canister housing
assemblies.
Emergency [Canadian] AD CF-2014-17 [which corresponds to FAA AD
2014-15-17, Amendment 39-17919 (79 FR 44268, July 31, 2014)] was
issued to limit landing light operation on-ground in order to
address a potential fire hazard as result of a possible fuel leak
from the APU, EFP electrical conduit in the landing light
compartment. In addition, [Canadian] AD CF-2014-21 [which
corresponds to FAA AD 2014-20-01, Amendment 39-17974 (79 FR 59640,
October 3, 2014), superseded by FAA AD 2016-10-10, Amendment 39-
18521 (81 FR 31497, May 19, 2016) (``AD 2016-10-10'')] was issued to
mandate removal of then identified 24 discrepant EFP canister
assemblies from service.
Bombardier has recently determined that the subject fuel leaks
may not be limited to the 24 units affected by [Canadian] AD CF-
2014-21 [(AD 2016-10-10)], but may potentially affect other in-
service [Bombardier Model] CL-600-2B16 aeroplanes. Until such time
that a final fix for the fuel leak problem is realized, Bombardier
as an interim mitigating action, has issued [Service Bulletin] SB
604-28-022 and SB 605-28-010 that introduces [a] repeat [general
visual] inspection and if required, rectification [related
investigative and corrective actions] of subject fuel leaks on
affected aeroplanes. [Canadian] AD CF-2016-32 was issued on 29
September 2016 to mandate compliance with applicable Bombardier SBs,
to mitigate any potential safety hazard resulting from fuel leaks.
Revision 1 of this [Canadian] AD is being issued to correct a
typographic error in paragraph B.1. of the [Canadian AD] Corrective
Actions.
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-
0521.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the NPRM and
the FAA's response.
Request To Delay Issuance Until the Release of New Service
Information
Bombardier, Inc., indicated its intent to revise Bombardier Service
Bulletin 604-28-022, dated October 19, 2015; and Bombardier Service
Bulletin 605-28-010, dated October 19, 2015. Bombardier, Inc., stated
that these revisions will change the inspection instructions.
Bombardier, Inc., further added that it plans to publish new service
information to introduce similar inspections on Model CL-650 airplanes.
We infer that Bombardier, Inc., is requesting that we delay the
issuance of this final rule until after the revised service information
is released and then refer to the revised service information. We
disagree with the commenter's request. We do not consider that delaying
this action until release of the planned service information is
warranted since the service information incorporated by reference in
this AD adequately addresses the unsafe condition. We might consider
additional rulemaking once the revised service information is released,
or if new service information is issued for Model CL-650 airplanes,
which are not included in the applicability of this AD. We have not
changed this AD in this regard.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed except for minor editorial changes. We have
determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
Bombardier, Inc., has issued Service Bulletin 604-28-022, dated
October 19, 2015; and Service Bulletin 605-28-010, dated October 19,
2015. This service information describes procedures for repetitive
general visual inspections for fuel leakage at the engine and APU fuel
pumps, and related investigative and corrective actions if necessary.
These documents are distinct since they apply to airplanes in different
configurations. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 121 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspections...................... 1 work-hour x $85 $0 $85 per inspection $10,285 per
per hour = $85 per cycle. inspection cycle.
inspection cycle.
----------------------------------------------------------------------------------------------------------------
For Model CL-600-2B16 airplanes having serial numbers 5701 through
5955 inclusive, 5957, 5960 through 5966 inclusive, 5968 through 5971
inclusive, and 5981, we estimate the following costs to do any
necessary replacements that would be required based on the results of
the required inspection. We have no way of determining the number of
aircraft that might need these replacements:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Replace o-ring in affected pump............... 3 work-hours x $85 per hour = $17 $272
$255.
Replace cartridge in affected pump............ 2 work-hours x $85 per hour = 8,618 8,788
$170.
----------------------------------------------------------------------------------------------------------------
[[Page 49500]]
For Model CL-600-2B16 airplanes having serial numbers 5301 through
5665 inclusive, we have received no definitive data that would enable
us to provide cost estimates for the on-condition actions specified in
this AD.
According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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 adding the following new airworthiness
directive (AD):
2017-22-06 Bombardier, Inc.: Amendment 39-19086; Docket No. FAA-
2017-0521; Product Identifier 2016-NM-189-AD.
(a) Effective Date
This AD is effective November 30, 2017.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc., Model CL-600-2B16 (CL-601-
3A, CL-601-3R, and CL-604 Variants) airplanes, certificated in any
category, having serial numbers 5301 through 5665 inclusive, 5701
through 5955 inclusive, 5957, 5960 through 5966 inclusive, 5968
through 5971 inclusive, and 5981.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Reason
This AD was prompted by reports of fuel leaks in the engine and
auxiliary power unit (APU) electrical fuel pump (EFP) cartridge/
canister electrical connectors and conduits. We are issuing this AD
to detect and correct fuel leaks in certain fuel pumps to remove a
potential fuel ignition hazard.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) General Visual Inspections and Corrective Actions--Model CL-600-
2B16 Airplanes, Serial Numbers 5301 through 5665 Inclusive
For Model CL-600-2B16 airplanes having serial numbers 5301
through 5665 inclusive: Within 600 flight hours or 12 months,
whichever occurs first, after the effective date of this AD, do the
inspections specified in paragraphs (g)(1), (g)(2), and (g)(3) of
this AD, and do all applicable corrective actions, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
604-28-022, dated October 19, 2015; except where Bombardier Service
Bulletin 604-28-022, dated October 19, 2015, specifies to contact
the manufacturer, before further flight accomplish corrective
actions in accordance with the procedures specified in paragraph
(i)(2) of this AD. Do all applicable corrective actions before
further flight. Repeat the inspections at intervals not to exceed
600 flight hours or 12 months, whichever occurs first.
(1) Do a general visual inspection for traces of fuel coming
from the right-hand engine boost pump at the location of the belly
fairing screw (FS412, BL 0.0).
(2) Do a general visual inspection for traces of fuel coming
from the left-hand engine boost pump at the location of the belly
fairing screw (FS412, BL 0.0).
(3) Do a general visual inspection for traces of fuel coming
from the EFP electrical wiring conduit outlet at the lower body
fairing area for engine EFPs and at the right-hand landing light
compartment for the APU EFP.
(h) General Visual Inspections and Related Investigative and Corrective
Actions--Model CL-600-2B16 Airplanes Having Serial Numbers 5701 through
5955 Inclusive, 5957, 5960 through 5966 Inclusive, 5968 through 5971
Inclusive, and 5981
For Model CL-600-2B16 airplanes having serial numbers 5701
through 5955 inclusive, 5957, 5960 through 5966 inclusive, 5968
through 5971 inclusive, and 5981: Within 600 flight hours or 12
months, whichever occurs first, after the effective date of this AD,
do the inspections specified in paragraphs (h)(1), (h)(2), and
(h)(3) of this AD, and do all applicable related investigative and
corrective actions, in accordance with the Accomplishment
Instructions in Bombardier Service Bulletin 605-28-010, dated
October 19, 2015; except where Bombardier Service Bulletin 605-28-
010, dated October 19, 2015, specifies to contact the manufacturer,
before further flight accomplish corrective actions in accordance
with the procedures specified in paragraph (i)(2) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Repeat the inspections at intervals not to exceed
600 flight hours or 12 months, whichever occurs first.
(1) Do a general visual inspection for traces of fuel coming
from the right-hand engine boost pump at the location of the belly
fairing screw (FS412, BL 0.0).
(2) Do a general visual inspection for traces of fuel coming
from the left-hand engine boost pump at the location of the belly
fairing screw (FS412, BL 0.0).
[[Page 49501]]
(3) Do a general visual inspection of the right-hand landing
light compartment for traces of fuel coming from the APU EFP.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, 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 certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 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 be
accomplished using a method approved by the Manager, New York ACO
Branch, 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 AD CF-2016-32R1, 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-2017-0521.
(2) For more information about this AD, contact Steven
Dzierzynski, Aerospace Engineer, Avionics and Administrative
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone 516-228-7367; fax 516-794-
5531.
(3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (k)(4) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Bombardier Service Bulletin 604-28-022, dated October 19,
2015.
(ii) Bombardier Service Bulletin 605-28-010, dated October 19,
2015.
(3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax 514-855-7401; email
[email protected]; Internet https://www.bombardier.com.
(4) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call 425-227-1221.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on October 17, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-23015 Filed 10-25-17; 8:45 am]
BILLING CODE 4910-13-P