Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Rules and Regulations 64801 

(5) You may also review copies of the 

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: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

September 28, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–26082 Filed 10–18–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0564; Directorate 

Identifier 2011–NM–021–AD; Amendment 

39–16830; AD 2011–21–07] 

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 

Bombardier, Inc. Model CL–600–2B19 

(Regional Jet Series 100 & 440); Model 

CL–600–2C10 (Regional Jet Series 700, 

701, & 702); Model CL–600–2D15 

(Regional Jet Series 705); and Model 

CL–600–2D24 (Regional Jet Series 900) 

airplanes. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by an 

airworthiness authority of another 

country to identify and correct an 

unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

There have been several in-service reports 

of airspeed mismatch between the pilot and 

co-pilot’s airspeed indicators. It was 

discovered that during or after heavy rain, 

the pitot-static tubing may become partially 

or completely blocked by water, which fails 

to enter the drain bottles. Investigation 

revealed that drain bottles used in the 

primary pitot-static system include check 

valves, which impede the entry of water into 

the drain bottle. This condition, if not 

corrected, may result in erroneous airspeed 

and altitude indications. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

November 23, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 23, 2011. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Alfano, Aerospace 

Engineer, Airframe & Mechanical 

Systems Branch, ANE–171, New York 

Aircraft Certification Office (ACO), 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone: 

(516) 228–7340; fax: (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on June 9, 2011 (76 FR 33658). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

There have been several in-service reports 

of airspeed mismatch between the pilot and 

co-pilot’s airspeed indicators. It was 

discovered that during or after heavy rain, 

the pitot-static tubing may become partially 

or completely blocked by water, which fails 

to enter the drain bottles. Investigation 

revealed that drain bottles used in the 

primary pitot-static system include check 

valves, which impede the entry of water into 

the drain bottle. This condition, if not 

corrected, may result in erroneous airspeed 

and altitude indications. 

This [Transport Canada Civil Aviation 

(TCCA)] directive mandates replacement of 

the [certain] Water Accumulator Assemblies 

[with new water accumulator assemblies] to 

improve drainage of the pitot-static tubing. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request for Frequent Repetitive 

Inspections Instead of Replacements 

Mesa Airlines requested we revise the 

NPRM (76 FR 33658, June 9, 2011) to 

change the maintenance program to 

reduce the repetitive inspection 

intervals for the water accumulator as 

an option to installing the enlarged 

drain tubes. Mesa stated that the main 

pitot-static drain assemblies on its fleet 

are inspected for moisture every 500 or 

600 flight hours (depending on the 

model). 

We disagree because the pitot static 

tubing/water accumulator has a design 

deficiency that may cause it to become 

partially or completely blocked by 

water. This pitot static tubing/water 

accumulator design must be replaced 

with a new pitot static water 

accumulator design to eliminate this 

unsafe condition. Inspecting the pitot 

static water accumulator more 

frequently will not meet the intent of 

this AD. Once we issue this AD, any 

operator may request approval of an 

alternative method of compliance 

(AMOC) under the provisions of 

paragraph (k)(1) of this AD. Sufficient 

data must be submitted to substantiate 

that repetitive inspections would 

provide an acceptable level of safety. 

We have not changed the AD in this 

regard. 

Request To Change Applicability Serial 

Numbers To Match Service Bulletin 

American Eagle Airlines requested 

that paragraph (c) of the NPRM (76 FR 

33658, June 9, 2011) be changed from 

including all serial numbers of the 

specified airplanes to only those serial 

numbers called out in Bombardier 

Service Bulletin 601R–34–147, Revision 

B, dated March 8, 2011; and Bombardier 

Service Bulletin 670BA–34–030, 

Revision B, dated March 23, 2010. 

American Eagle stated as justification 

that the requirements of the NPRM were 

incorporated on airplanes going forward 

in production, and the illustrated parts 

catalog applicability has been updated 

for the affected part as well. 

We disagree. Transport Canada Civil 

Aviation (TCCA), which is the 

airworthiness authority for Canada, has 

determined that all serial numbers of 

the specified airplane models need to be 

called out in its AD in order to prevent 

unsafe parts from being installed in any 

airplane. We agree with TCCA that all 

serial numbers need to be included in 

this AD, and also have included in 

paragraph (h) of the AD a prohibition 

against installing certain unsafe water 

accumulator assemblies on the pitot and 

static lines of the air data computer on 

any airplane. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 


sroberts on DSK5SPTVN1PROD with RULES
64802 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Rules and Regulations 

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 a U.S. 

court of law. 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 required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

described in a separate paragraph of the 

AD. These requirements, if any, take 

precedence over the actions copied from 

the MCAI. 

Costs of Compliance 

We estimate that this AD will affect 

1,041 products of U.S. registry. We also 

estimate that it will take about 2 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $1,200 

per product. Where the service 

information lists required parts costs 

that are covered under warranty, we 

have assumed that there will be no 

charge for these parts. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. Based on 

these figures, we estimate the cost of 

this AD to the U.S. operators to be 

$1,426,170, or $1,370 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 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 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); 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 AD and placed it in the AD docket. 

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 the NPRM (76 FR 33658, June 

9, 2011), 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. 

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 AD: 

2011–21–07 Bombardier, Inc.: Amendment 

39–16830. Docket No. FAA–2011–0564; 

Directorate Identifier 2011–NM–021–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective November 23, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier, Inc. 

Model CL–600–2B19 (Regional Jet Series 100 

& 440) airplanes, serial numbers 7003 

through 7067 inclusive, 7069 through 7990 

inclusive, 8000 through 8107 inclusive, and 

subsequent; all Model CL–600–2C10 

(Regional Jet Series 700, 701, & 702) 

airplanes; all Model CL–600–2D15 (Regional 

Jet Series 705) airplanes; and all Model CL– 

600–2D24 (Regional Jet Series 900) airplanes; 

certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 34: Navigation. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

There have been several in-service reports 

of airspeed mismatch between the pilot and 

co-pilot’s airspeed indicators. It was 

discovered that during or after heavy rain, 

the pitot-static tubing may become partially 

or completely blocked by water, which fails 

to enter the drain bottles. Investigation 

revealed that drain bottles used in the 

primary pitot-static system include check 

valves, which impede the entry of water into 

the drain bottle. This condition, if not 

corrected, may result in erroneous airspeed 

and altitude indications. 

* * * * * 

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 9 months after the effective date 

of this AD, do the actions specified in 

paragraphs (g)(1) and (g)(2) of this AD, as 

applicable. 

(1) For Model CL–600–2B19 (Regional Jet 

Series 100 & 440) airplanes identified in 

Bombardier Service Bulletin 601R–34–147, 

Revision B, dated March 8, 2011: Replace 

water accumulator assemblies having part 

numbers (P/N) 50029–001, 9435015, 50030– 

001, and 9435014 installed on the pitot and 

static lines of the air data computer (ADC) 

with new or serviceable water accumulator 

assemblies having P/N 50036–001, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

601R–34–147, Revision B, dated March 8, 

2011. 

(2) For Model CL–600–2C10 (Regional Jet 

Series 700, 701, & 702), CL–600–2D15 

(Regional Jet Series 705), and CL–600–2D24 

(Regional Jet Series 900) airplanes: Replace 

water accumulator assemblies having P/N 

50033–001 installed on the pitot and static 

lines of the ADC with new or serviceable 

water accumulator assemblies having P/N 

50036–001, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 670BA–34–030, Revision B, 

dated March 23, 2010. 


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Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Rules and Regulations 64803 

Parts Installation 

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

person may install on any airplane a water 

accumulator assembly, P/N 50029–001, 

9435015, 50030–001, or 9435014 for Model 

CL–600–2B19 (Regional Jet Series 100 & 440) 

airplanes, or P/N 50033–001 for Model CL– 

600–2C10 (Regional Jet Series 700, 701, & 

702), Model CL–600–2D15 (Regional Jet 

Series 705), and Model CL–600–2D24 

(Regional Jet Series 900) airplanes on the 

pitot and static lines of the ADC. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(i) Replacing water accumulator assemblies 

in accordance with Bombardier Service 

Bulletin 670BA–34–147, dated April 1, 2009; 

or Revision A, dated November 3, 2009 ((for 

Model CL–600–2B19 (Regional Jet Series 100 

& 440) airplanes)), before the effective date of 

this AD is acceptable for compliance with the 

corresponding replacement required by 

paragraph (g)(1) of this AD. 

(j) Replacing water accumulator assemblies 

in accordance with Bombardier Service 

Bulletin 670BA–34–030, dated April 1, 2009; 

or Revision A, dated November 3, 2009 ((for 

Model CL–600–2C10 (Regional Jet Series 700, 

701, & 702), CL–600–2D15 (Regional Jet 

Series 705), and CL–600–2D24 (Regional Jet 

Series 900) airplanes)); before the effective 

date of this AD, is acceptable for compliance 

with the corresponding replacement required 

by paragraph (g)(2) of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(k) 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, 

New York 11590; telephone: (516) 228–7300; 

fax: (516) 794–5531. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. The AMOC approval letter 

must specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

Related Information 

(l) Refer to MCAI Transport Canada Civil 

Aviation Airworthiness Directive CF–2010– 

37, dated October 28, 2010; Bombardier 

Service Bulletin 601R–34–147, Revision B, 

dated March 8, 2011; and Bombardier Service 

Bulletin 670BA–34–030, Revision B, dated 

March 23, 2010; for related information. 

Material Incorporated by Reference 

(m) You must use Bombardier Service 

Bulletin 601R–34–147, Revision B, dated 

March 8, 2011; and Bombardier Service 

Bulletin 670BA–34–030, Revision B, dated 

March 23, 2010; as applicable; to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; phone: 514–855–5000; fax: 514– 

855–7401; e-mail: thd.crj@aero.bombardier.

com; Internet: http://www.bombardier.com. 

(3) You may review copies of the 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. 

(4) You may also review copies of the 

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: http://www.archives.gov/federal_register/

code_of_federal_regulations/ibr_locations.

html. 

Issued in Renton, Washington, on 

September 28, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–26081 Filed 10–18–11; 8:45 am] 

BILLING CODE 4910–13–P 

INTERNATIONAL TRADE 

COMMISSION 

19 CFR Part 210 

[Docket No. MISC–032] 

Rules of Adjudication and 

Enforcement 

AGENCY: International Trade 

Commission 

ACTION: Final rule. 

SUMMARY: The United States 

International Trade Commission 

(‘‘Commission’’) amends its Rules of 

Practice and Procedure concerning rules 

of adjudication and enforcement. The 

amendments are necessary to gather 

more information on public interest 

issues arising from complaints filed 

with the Commission requesting 

institution of an investigation under 

Section 337 of the Tariff Act of 1930. 

The intended effect of the amendments 

is to aid the Commission in identifying 

investigations that require further 

development of public interest issues in 

the record, and to identify and develop 

information regarding the public 

interest at each stage of the 

investigation. 

DATES: Effective November 18, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Megan M. Valentine, Office of the 

General Counsel, United States 

International Trade Commission, 

telephone 202–708–2301. Hearingimpaired individuals are advised that 

information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal at 202– 

205–1810. General information 

concerning the Commission may also be 

obtained by accessing its Internet server 

at http://www.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 335 of the Tariff Act of 1930 

(19 U.S.C. 1335) authorizes the 

Commission to adopt such reasonable 

procedures, rules, and regulations as it 

deems necessary to carry out its 

functions and duties. This rulemaking 

seeks to update certain provisions of the 

Commission’s existing Rules of Practice 

and Procedure. The Commission is 

amending its rules covering 

investigations under Section 337 of the 

Tariff Act of 1930 (19 U.S.C. 1337) 

(‘‘Section 337’’) in order to increase the 

efficiency of its Section 337 

investigations. Specifically, the changes 

to the Commission’s Rules are for the 

purpose of improving the Commission’s 

procedures and ensuring the 

completeness of the record with respect 

to the required analysis concerning the 

public interest under Sections 337(d)(1) 

and (f)(1). There is no change in the 

Commission’s substantive practice with 

respect to its consideration of the public 

interest factors in its determinations 

relating to the appropriate remedy. 

The Commission published a notice 

of proposed rulemaking (‘‘NOPR’’) in 

the Federal Register at 75 FR 60671 

(Oct. 1, 2010), proposing to amend the 

Commission’s Rules of Practice and 

Procedure to gather more information 

on public interest issues. Consistent 

with its ordinary practice, the 

Commission invited the public to 

comment on all the proposed rules 

amendments. This practice entails the 

following steps: (1) Publication of an 

NOPR; (2) solicitation of public 

comments on the proposed 


sroberts on DSK5SPTVN1PROD with RULES