9982 Federal Register / Vol. 76, No. 36 / Wednesday, February 23, 2011 / Proposed Rules 

ADDRESSES: Submit comments, labeled 

‘‘DOE NEPA Implementing Procedures, 

RIN 1990–AA34,’’ by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments electronically. This 

rulemaking is assigned Docket ID: DOE– 

HQ–2010–0002. Comments may be 

entered directly on the Web site. 

Electronic files may be submitted to this 

Web site. 

2. Mail: Mail comments to NEPA 

Rulemaking Comments, Office of NEPA 

Policy and Compliance (GC–54), U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585. Because 

security screening may delay mail sent 

through the U.S. Postal Service, DOE 

encourages electronic submittal of 

comments. 

FOR FURTHER INFORMATION CONTACT: For 

general information about DOE’s NEPA 

procedures, contact Ms. Carol 

Borgstrom, Director, Office of NEPA 

Policy and Compliance, at 202–586– 

4600 or leave a message at 800–472– 

2756. For questions concerning how to 

comment on this proposed rule, contact 

Ms. Yardena Mansoor, Office of NEPA 

Policy and Compliance, at 

askNEPA@hq.doe.gov or 202–586–9326. 

SUPPLEMENTARY INFORMATION: On 

January 3, 2011, DOE published a 

Notice of Proposed Rulemaking in the 

Federal Register (76 FR 214) to invite 

public comment on proposed 

amendments to its existing regulations 

governing compliance with NEPA and 

announce a public hearing. The notice 

provided for the submission of 

comments by February 17, 2011, 

including at a public hearing held on 

February 4, 2011. The National Wildlife 

Federation, on behalf of itself and nine 

other organizations, requested DOE to 

extend the comment period to allow 

additional time for review of the 

proposed rule and the submission of 

comments. DOE has determined that reopening the public comment period in 

response to this request is appropriate 

and hereby re-opens the comment 

period. DOE will consider any 

comments received between February 

23, 2011 and March 7, 2011, and deems 

any comments received between 

publication of the Notice of Proposed 

Rulemaking on January 3, 2011, and 

March 7, 2011, to be timely submitted. 

Issued in Washington, DC, on February 16, 

2011. 

Eric J. Fygi, 

Acting General Counsel. 

[FR Doc. 2011–3981 Filed 2–22–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0043; Directorate 

Identifier 2010–NM–192–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model DHC–8–400 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During production quality inspections of 

the aeroplane fuel motive flow system, it was 

discovered that some motive flow check 

valves (MFCV) were manufactured with an 

outlet fitting containing red anodized 

threads. These MFCV do not provide 

adequate electrical bonding between the 

valve and the adjacent fitting. 

In the absence of proper electrical bonding 

within the motive flow system, the aeroplane 

fuel tank could be exposed to ignition 

sources in the case of a lightning strike. 

* * * * * 

The unsafe condition is the potential for 

ignition sources inside the fuel tanks, 

which, in combination with flammable 

fuel vapors, could result in a fuel tank 

explosion and consequent loss of the 

airplane. The proposed AD would 

require actions that are intended to 

address the unsafe condition described 

in the MCAI. 

DATES: We must receive comments on 

this proposed AD by April 11, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Bombardier, 

Inc., Q–Series Technical Help Desk, 123 

Garratt Boulevard, Toronto, Ontario 

M3K 1Y5, Canada; telephone 416–375– 

4000; fax 416–375–4539; e-mail 

thd.qseries@aero.bombardier.com; 

Internet http://www.bombardier.com. 

You may review copies of the 

referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, 

call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

James Delisio, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office (ACO), 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7321; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2011–0043; Directorate Identifier 

2010–NM–192–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 http:// 

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Federal Register / Vol. 76, No. 36 / Wednesday, February 23, 2011 / Proposed Rules 9983 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2010–21, 

dated July 20, 2010 (referred to after this 

as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

During production quality inspections of 

the aeroplane fuel motive flow system, it was 

discovered that some motive flow check 

valves (MFCV) were manufactured with an 

outlet fitting containing red anodized 

threads. These MFCV do not provide 

adequate electrical bonding between the 

valve and the adjacent fitting. 

In the absence of proper electrical bonding 

within the motive flow system, the aeroplane 

fuel tank could be exposed to ignition 

sources in the case of a lightning strike. 

This [TCCA] directive is issued to [do a 

general visual inspection to] verify the proper 

configuration of the MFCV and if required, 

replace the affected MFCV with a MFCV that 

has a chemically filmed (gold color) outlet 

valve fitting, which provides adequate 

electrical bonding. 

The unsafe condition is the potential for 

ignition sources inside the fuel tanks, 

which, in combination with flammable 

fuel vapors, could result in a fuel tank 

explosion and consequent loss of the 

airplane. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Bombardier has issued Service 

Bulletin 84–28–08, dated March 11, 

2010. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 67 products of U.S. registry. 

We also estimate that it would take 

about 33 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 $130 per 

product. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $196,645, or $2,935 

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 proposed 

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); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Bombardier, Inc.: Docket No. FAA–2011– 

0043; Directorate Identifier 2010–NM– 

192–AD. 

Comments Due Date 

(a) We must receive comments by April 11, 

2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier, Inc. 

Model DHC–8–400, –401, and –402 

airplanes, certificated in any category; having 

serial numbers 4001 through 4190 inclusive, 

4199 through 4201 inclusive, and 4203 

through 4216 inclusive; equipped with a 

motive flow check valve (MFCV) having part 

number (P/N) 2960018–101. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28, Fuel. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During production quality inspections of 

the aeroplane fuel motive flow system, it was 

discovered that some motive flow check 

valves (MFCV) were manufactured with an 

WReier-Aviles on DSKDVH8Z91PROD with PROPOSALS

9984 Federal Register / Vol. 76, No. 36 / Wednesday, February 23, 2011 / Proposed Rules 

outlet fitting containing red anodized 

threads. These MFCV do not provide 

adequate electrical bonding between the 

valve and the adjacent fitting. 

In the absence of proper electrical bonding 

within the motive flow system, the aeroplane 

fuel tank could be exposed to ignition 

sources in the case of a lightning strike. 

* * * * * 

The unsafe condition is the potential for 

ignition sources inside the fuel tanks, which, 

in combination with flammable fuel vapors, 

could result in a fuel tank explosion and 

consequent loss of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Actions 

(g) Within 6,000 flight hours after the 

effective date of this AD, do a general visual 

inspection for red anodized threads of the 

outlet fitting of the MFCV having P/N 

2960018–101 installed in the left and right 

wing fuel tanks, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 84–28–08, dated March 11, 

2010. If the MFCV has a chemical film 

coating (gold color) outlet fitting, no further 

action is required by AD, except as required 

by paragraph (i) of this AD. 

(h) If during the inspection required by 

paragraph (g) of this AD, a MFCV having a 

red anodized check valve outlet fitting is 

found: Before further flight, replace the 

MFCV with a MFCV that has a chemical film 

coating (gold color) check valve outlet fitting, 

in accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–28–08, dated March 11, 2010. 

(i) As of the effective date of this AD, no 

person may install a replacement MFCV 

having P/N 2960018–101, with a red 

anodized check valve outlet fitting, on any 

airplane. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(j) 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. Send information to ATTN: 

Program Manager, Continuing Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone 516–228–7300; fax 516– 

794–5531. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

Related Information 

(k) Refer to TCCA Airworthiness Directive 

CF–2010–21, dated July 20, 2010; and 

Bombardier Service Bulletin 84–28–08, dated 

March 11, 2010; for related information. 

Issued in Renton, Washington on February 

14, 2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–4011 Filed 2–22–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0139; Directorate 

Identifier 2010–CE–057–AD] 

RIN 2120–AA64 

Airworthiness Directives; B/E 

Aerospace, Continuous Flow 

Passenger Oxygen Mask Assembly, 

Part Numbers 174006–(), 174080–(), 

174085–(), 174095–(), 174097–(), and 

174098–() 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above, except for those 

that are currently affected by similar 

action through any of five ADs 

applicable to Boeing products. This 

proposed AD would require an 

inspection/records check to determine 

the manufacturer and part number of 

the oxygen mask assemblies installed, 

an inspection to determine the 

manufacturing date and modification 

status if certain oxygen mask assemblies 

are installed, and corrective action for 

certain oxygen mask assemblies. This 

proposed AD was prompted by a report 

that several oxygen mask assemblies 

with broken in-line flow indicators were 

found following a mask deployment. We 

are proposing this AD to prevent the inline flow indicators of the oxygen mask 

assembly from fracturing and 

separating, which could inhibit oxygen 

flow to the masks. This condition could 

consequently result in occupants 

developing hypoxia following a 

depressurization event. 

DATES: We must receive comments on 

this proposed AD by April 11, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://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 proposed AD, contact B/E 

Aerospace, 10800 Pflumm Road, 

Lenexa, Kansas 66215; telephone: 913– 

888–9800; fax: 913–469–8419; Internet: 

http://www.beaerospace.com. You may 

review copies of the referenced service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, 

call 816–329–4148. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; 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 Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

David Fairback, Aerospace Engineer, 

Wichita Aircraft Certification Office, 

FAA, 1801 Airport Road, Room 100, 

Wichita, Kansas 67209; telephone: (316) 

946–4154; fax: (316) 946–4107; e-mail: 

david.fairback@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2011–0139; Directorate Identifier 2010– 

CE–057–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 

WReier-Aviles on DSKDVH8Z91PROD with PROPOSALS