This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

50371 

Vol. 77, No. 162 

Tuesday, August 21, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0328; Directorate 

Identifier 2011–NM–259–AD; Amendment 

39–17162; AD 2012–16–15] 

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–600–2B19 

(Regional Jet Series 100 & 440) 

airplanes. This AD was prompted by 

reports of jamming/malfunctioning of 

the left-hand engine thrust control 

mechanism. This AD requires modifying 

the left-hand engine upper core-cowl. 

We are issuing this AD to prevent 

jamming/malfunctioning of the lefthand engine thrust control mechanism, 

which could lead to loss of control of 

the airplane. 

DATES: This AD becomes effective 

September 25, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 25, 2012. 

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: 

Mazdak Hobbi, Aerospace Engineer, 

Propulsion and Services Branch, ANE– 

173, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Westbury, NY 11590; 

telephone (516) 228–7330; 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 April 6, 2012 (77 FR 20746). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

There have been several reported incidents 

of jamming/malfunctioning of the left hand 

(L/H) engine thrust control mechanism on 

the affected aeroplanes. The investigation has 

shown that an improperly stowed or 

dislodged upper core-cowl-door Hold Open 

Rod, can impede a Fuel Control Unit (FCU) 

function by obstructing the movement of the 

FCU actuating lever arm, hence rendering the 

L/H engine thrust control inoperable. 

Due to the engine’s orientation, the subject 

FCU fouling is limited only to the L/H engine 

installation on the affected twin engine 

powered aeroplanes; however the potential 

hazard of any in-flight engine shut down 

caused by jammed engine fuel control lever 

is a safety concern that warrants mitigating 

action. 

In order to help alleviate the possibility of 

an in-flight engine shut down due to the 

subject fouling of the FCU lever by the corecowl-door Hold Open Rod, Bombardier has 

issued a Service Bulletin (SB) to install a new 

bracket at the L/H engine upper core-cowldoor location. This [Canadian] directive is 

issued to mandate the incorporation of the 

SB 601R–71–033 on the affected aeroplanes. 

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 

received no comments on the NPRM (77 

FR 20746, April 6, 2012) or on the 

determination of the cost to the public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the 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 (77 FR 

20746, April 6, 2012) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 20746, 

April 6, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

601 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 $54 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 $134,624, or 

$224 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 that this AD: 


pmangrum on DSK3VPTVN1PROD with RULES
50372 Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Rules and Regulations 

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. 

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 (77 FR 20746, April 

6, 2012), 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: 

2012–16–15 Bombardier, Inc.: Amendment 

39–17162. Docket No. FAA–2012–0328; 

Directorate Identifier 2011–NM–259–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective September 25, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc. Model 

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

airplanes, certificated in any category; serial 

numbers 7003 through 7067 inclusive, 7069 

through 7990 inclusive, and 8000 through 

8112 inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 71: Powerplant. 

(e) Reason 

This AD was prompted by reports of 

jamming/malfunctioning of the left-hand 

engine thrust control mechanism. We are 

issuing this AD to prevent jamming/ 

malfunctioning of the left-hand engine thrust 

control mechanism, which could lead to loss 

of control of the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Actions 

Within 36 months or 6,000 flight hours 

after the effective date of this AD, whichever 

occurs first: Modify the left-hand engine 

upper core-cowl, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 601R–71–033, dated August 

24, 2011. 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the New York 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. 

(i) Related Information 

Refer to MCAI Canadian Airworthiness 

Directive CF–2011–38, dated October 19, 

2011; and Bombardier Service Bulletin 601R– 

71–033, dated August 24, 2011; for related 

information. 

(j) 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) Bombardier Service Bulletin 601R–71– 

033, dated August 24, 2011. 

(ii) Reserved. 

(3) For Bombardier service information 

identified in this AD, contact Bombardier, 

Inc., 400 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 514– 

855–5000; fax 514–855–7401; email 

thd.crj@aero.bombardier.com; Internet http:// 

www.bombardier.com. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(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 an NARA facility, 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 August 

9, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–20172 Filed 8–20–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 16 and 118 

[Docket No. FDA–2011–D–0398] 

Guidance for Industry: Questions and 

Answers Regarding the Final Rule, 

Prevention of Salmonella Enteritidis in 

Shell Eggs During Production, 

Storage, and Transportation; 

Availability 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of availability. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing the availability of a 

guidance entitled ‘‘Guidance for 

Industry: Questions and Answers 

Regarding the Final Rule, Prevention of 

Salmonella Enteritidis in Shell Eggs 

During Production, Storage, and 

Transportation.’’ The guidance contains 

questions we have received on the final 

rule since its publication and responses 

to those questions, and is intended to 

assist egg producers and other persons 

who are covered by the final rule. 


pmangrum on DSK3VPTVN1PROD with RULES