16196 Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Proposed Rules 

with a new one having P/N 900096–1 with 

the letter ‘‘M’’ after the serial number; or 

having P/N 900121–1, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 670BA–29–014, dated 

December 22, 2010. 

(1) For an accumulator with more than 

19,500 total flight cycles as of the effective 

date of this AD, replace that accumulator 

within 500 flight cycles after accomplishing 

the most recent inspection required by 

paragraph (i) or (l) of this AD. 

(2) For an accumulator with 19,500 or less 

total flight cycles as of the effective date of 

this AD, replace that accumulator before it 

has accumulated 20,000 total flight cycles. 

(3) If it is not possible to determine the 

total flight cycles accumulated on an 

accumulator, replace that accumulator within 

500 flight cycles after accomplishing the 

most recent ultrasonic inspection required by 

paragraph (i) or (l) of this AD. 

(n) Hydraulic System Safe Life Limit 

Introduction 

Within 60 days after the effective date or 

this AD, revise the maintenance program to 

include a safe life limit for the hydraulic 

system No. 1 and No. 2 accumulators, P/N 

900096–1, by incorporating Tasks 29–11–11– 

000–801 and 29–11–11–400–801 of Section 

1.3, Safe Life Components, of Part 2, 

Airworthiness Limitations, of the Bombardier 

CL–600–2C10, CL–600–2D15, CL–600–2D24, 

CL–600–2E25 Maintenance Requirements 

Manual, CSP B–053, Revision 11, dated 

October 20, 2010. 

(o) Replacement of Hydraulic System No. 3 

Accumulator 

Within 4,000 flight cycles or 24 months 

after the effective date of this AD, whichever 

occurs first, replace any hydraulic system No. 

3 accumulator having P/N 900097–1 with a 

new accumulator having P/N 900122–1, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

670BA–29–015, dated December 22, 2010. 

(p) Replacement of Inboard or Outboard 

Brake System Accumulators 

Within 4,000 flight cycles or 24 months 

after the effective date of this AD, whichever 

occurs first, replace any inboard or outboard 

brake system accumulator having P/N 08– 

60204–001 with a new accumulator having 

P/N 90006691, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 670BA–32–028, dated 

December 22, 2010. 

(q) Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(1) Actions done before the effective date 

of this AD using Part B of the 

Accomplishment Instructions of the 

Bombardier service bulletin identified in 

paragraph (q)(1)(i), (q)(1)(ii), (q)(1)(iii), 

(q)(1)(iv), or (q)(1)(v) of this AD is acceptable 

for compliance with the corresponding 

requirements of this AD. 

(i) Bombardier Alert Service Bulletin 

A670BA–29–011, dated October 18, 2007. 

(ii) Bombardier Alert Service Bulletin 

A670BA–29–012, dated March 13, 2008. 

(iii) Bombardier Alert Service Bulletin 

A670BA–32–021, dated November 21, 2006. 

(iv) Bombardier Alert Service Bulletin 

A670BA–32–021, Revision A, dated March 7, 

2007. 

(v) Bombardier Alert Service Bulletin 

A670BA–32–021, Revision B, dated October 

18, 2007. 

(2) Actions done before the effective date 

of this AD using the Accomplishment 

Instructions of Bombardier Service Bulletin 

670BA–29–013, dated January 29, 2010; or 

670BA–32–026, dated January 29, 2010; are 

acceptable for compliance with the 

corresponding requirements of this AD. 

(r) Terminating Actions 

Accomplishing the actions required by 

paragraphs (m), (n), (o), and (p) of this AD 

terminates the requirements of this AD for 

the accumulator at that location only. 

(s) 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, 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. 

(t) Related Information 

Refer to MCAI Canadian Airworthiness 

Directive CF–2010–35R1, dated June 28, 

2011, and the service information identified 

in paragraphs (t)(1) through (t)(9) of this AD, 

for related information. 

(1) Bombardier Alert Service Bulletin 

A670BA–29–011, Revision A, dated July 27, 

2010, including Appendix A, Revision A, 

dated July 26, 2010. 

(2) Bombardier Alert Service Bulletin 

A670BA–29–012, including Appendix A, 

Revision A, dated July 27, 2010. 

(3) Bombardier Service Bulletin A670BA– 

32–021, Revision C, dated July 27, 2010, 

including Appendix A, Revision A, dated 

October 18, 2007. 

(4) Bombardier Service Bulletin 670BA– 

29–013, Revision A, dated July 27, 2010, 

including Appendix A, dated January 29, 

2010. 

(5) Bombardier Service Bulletin 670BA– 

32–026, Revision A, dated July 27, 2010, 

including Appendix A, dated January 29, 

2010. 

(6) Bombardier Service Bulletin 670BA– 

29–014, dated December 22, 2010. 

(7) Bombardier Service Bulletin 670BA– 

29–015, dated December 22, 2010. 

(8) Bombardier Service Bulletin 670BA– 

32–028, dated December 22, 2010. 

(9) Tasks 29–11–11–000–801 and 29–11– 

11–400–801 of Section 1.3, Safe Life 

Components, of Part 2, Airworthiness 

Limitations, of the Bombardier CL–600– 

2C10, CL–600–2D15, CL–600–2D24, CL–600– 

2E25 Maintenance Requirements Manual, 

CSP B–053, Revision 11, dated October 20, 

2010. 

Issued in Renton, Washington, on January 

26, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–6622 Filed 3–19–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

28 CFR Parts 35 and 36 

[CRT Docket No. 123; AG Order No. 3327– 

2012] 

RIN 1190–AA69 

Delaying the Compliance Date for 

Certain Requirements of the 

Regulations Implementing Titles II and 

III of the Americans With Disabilities 

Act 

AGENCY: Civil Rights Division, 

Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: By this rule, the Department 

of Justice is proposing to extend the date 

for compliance with certain 

requirements in the 2010 Americans 

with Disabilities Act (ADA) Standards 

for Accessible Design that relate to 

provision of accessible entry and exit for 

existing swimming pools and spas. 

Concurrently with the publication of 

this Notice of Proposed Rulemaking 

(NPRM), the Department is publishing a 

final rule that extends the compliance 

date with respect to existing swimming 

pools, wading pools, and spas to May 

21, 2012 in order to allow additional 

time to address misunderstandings 

among pool owners and operators 

regarding these ADA requirements. By 

this rule, the Department seeks public 

comment on its proposal to extend the 

compliance date for a longer period of 

six months, until September 17, 2012 in 

the interest of promoting clear and 

consistent application of the ADA’s 

requirements to existing facilities. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Proposed Rules 16197 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before April 4, 

2012. Comments received by mail will 

be considered timely if they are 

postmarked on or before that date. 

Commenters should be aware that the 

electronic Federal Docket Management 

System will not accept comments after 

Midnight Eastern Time on the last day 

of the comment period. 

ADDRESSES: You may submit comments, 

identified by RIN (or Docket No. 123), 

by any one of the following methods: 

• Federal eRulemaking portal: 

www.regulations.gov. Follow the Web 

site instructions for submitting 

comments. The Regulations.gov Docket 

ID is. 

• Mail: Please submit all written 

comments to Disability Rights Section, 

Civil Rights Division, U.S. Department 

of Justice, 950 Pennsylvania Avenue 

NW., Washington, DC 20530. 

• Overnight, courier or hand delivery: 

Disability Rights Section, Civil Rights 

Division, U.S. Department of Justice, 

1425 New York Avenue NW., Suite 

4039, Washington, DC 20005. 

Please submit your comments by only 

one method. Because of the short 

timeframe for this rulemaking, the 

Department will not review comments 

received by means other than those 

listed above, or that are received after 

the comment period has closed. While 

the Department is soliciting comments 

on the proposed suspension of the 

applicability of the requirements in the 

2010 Standards to swimming pools and 

spas, we do not with this NPRM seek 

comments related to the merits of the 

requirements themselves, which have 

already been evaluated fully through an 

earlier, extensive notice and comment 

process. We will deem any such 

comments on this NPRM out of scope 

and will not consider them. 

FOR FURTHER INFORMATION CONTACT: 

Allison Nichol, Chief, Disability Rights 

Section, Civil Rights Division, U.S. 

Department of Justice, at (202) 307–0663 

(voice or TTY). This is not a toll-free 

number. Information may also be 

obtained from the Department’s toll-free 

ADA Information Line at (800) 514– 

0301 (voice) or (800) 514–0383 (TTY). 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments. Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at http://www.regulations.gov. 

Such information includes personal 

identifying information (such as your 

name and address) voluntarily 

submitted by the commenter. 

You are not required to submit 

personal identifying information in 

order to comment on this rule. 

Nevertheless, if you want to submit 

personal identifying information (such 

as your name and address) as part of 

your comment, but do not want it to be 

posted online, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You also must locate 

all the personal identifying information 

you do not want posted online in the 

first paragraph of your comment and 

identify what information you want 

redacted. 

If you want to submit confidential 

business information as part of your 

comment but do not want it to be posted 

online, you must include the phrase 

‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You also must 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted on http:// 

www.regulations.gov. 

Personal identifying information and 

confidential business information 

identified and located as set forth above 

will be placed in the agency’s public 

docket file, but not posted online. If you 

wish to inspect the agency’s public 

docket file in person by appointment, 

please see the paragraph above entitled 

FOR FURTHER INFORMATION CONTACT. 

The reason the Department is 

requesting electronic comments before 

Midnight Eastern Time at the end of the 

day the comment period closes is that 

the inter-agency Regulations.gov/ 

Federal Docket Management System 

(FDMS), which receives electronic 

comments, terminates the public’s 

ability to submit comments at that time. 

Commenters in time zones other than 

Eastern may want to take this fact into 

account so that their electronic 

comments can be received. The 

constraints imposed by the 

Regulations.gov/FDMS system do not 

apply to U.S. postal comments which, 

as stated above, will be considered as 

timely filed if they are postmarked 

before Midnight on the day the 

comment period closes. 

Discussion 

The Department of Justice published 

its revised final regulations 

implementing the Americans with 

Disabilities Act (ADA) for title II (State 

and local government services) and title 

III (public accommodations and 

commercial facilities) on September 15, 

2010. See 75 FR 56163. The revised 

ADA rules were the result of a six-year 

process to update the Department’s 

regulations. As part of this process, the 

Department sought extensive public 

comment, issuing an Advance Notice of 

Proposed Rulemaking (ANPRM) on 

September 30, 2004, 69 FR 58768, and 

two Notices of Proposed Rulemaking 

(NPRM) on June 17, 2008, 73 FR 34466 

(title II), and 73 FR 34508 (title III). The 

Department also held a public hearing 

on the NPRMs and received more than 

4,435 written public comments. On 

September 15, 2010, the Department 

published a final rule revising the 

regulations implementing titles II and III 

of the ADA. As part of this revision, the 

Department adopted the 2010 ADA 

Standards for Accessible Design (‘‘2010 

Standards’’), which are based in large 

part on the 2004 ADA Accessibility 

Guidelines adopted by the United States 

Access Board in 2004. See 69 FR 44083 

(July 23, 2004). With limited exception, 

the Department’s revised regulations 

went into effect on March 15, 2011. 

With a compliance deadline of March 

15, 2012, the 2010 Standards set 

minimum scoping and technical 

requirements for accessible entry and 

exit for new construction and alteration 

of swimming pools, wading pools, and 

spas (collectively, ‘‘pools’’). In addition, 

the title III regulation provides that as of 

March 15, 2012, public 

accommodations’ barrier removal efforts 

must comply with the 2010 Standards to 

the extent readily achievable, including 

with respect to barriers to accessing 

pools. 28 CFR 36.304(d)(2)(iii). The title 

II regulation provides that the 2010 

Standards apply where public entities 

choose to meet their title II ADA 

program access obligations by making 

structural changes to their pools. 28 CFR 

35.150(b)(1), (2)(ii). 

To help educate pool owners and 

operators concerning the requirements 

imposed by the regulations issued by 

the Department in September 2010, the 

Civil Rights Division published a 

technical assistance document entitled 

‘‘ADA 2010 Revised Requirements: 

Accessible Pools—Means of Entry and 

Exit’’ (the ‘‘TA Document’’), on January 

31, 2012. Both the inquiries received by 

the Department prior to the TA 

Document’s publication and the pool 

owners and operators’ response to the 

TA Document reveal that there were 

misunderstandings among a substantial 

number of pool owners and operators 

concerning the obligations imposed by 

the ADA as implemented in the 2010 

Final Rule as to their obligations with 

respect to existing pools and their 

options with respect to the provision of 

pool lifts. Some pool owners and 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
16198 Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Proposed Rules 

operators believed that taking certain 

steps would always satisfy their 

obligations when in fact those steps 

would not necessarily result in 

compliance with the ADA regulations. 

Recognizing that pool owners and 

operators face challenges in correcting 

their misunderstandings and 

determining appropriate compliance 

when faced with what is now an 

immediate compliance date, the 

Department determined that it would be 

impracticable and contrary to the public 

interest to retain the existing 

compliance date. Thus the Department 

is contemporaneously issuing a Final 

Rule providing a brief 60-day extension 

of the March 15, 2012, compliance date. 

The Department now requests public 

comment on a proposal to further 

extend the compliance dates for the title 

II program accessibility requirements 

pursuant to 28 CFR 35.150 and the title 

III barrier removal obligations pursuant 

to 28 CFR 36.304 as they relate to 

accessible means of entry into 

swimming pools, wading pools, and 

spas in compliance with the 2010 

Standards. The proposed extension 

would run for a period of 180 days from 

the compliance date specified in the 

September 2010 Final Rule, namely 

March 15, 2012. As discussed above, the 

extension would provide pool owners 

and operators additional time to 

evaluate and comply with their program 

accessibility and readily achievable 

barrier removal obligations in 

compliance with sections 242 and 1009 

of the 2010 Standards. 

Regulatory Certifications 

Executive Order 12866—Regulatory 

Planning and Review 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review’’ section 1(b), Principles of 

Regulation. The Department of Justice 

has determined that this rule is a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), 

Regulatory Planning and Review, and 

accordingly this rule has been reviewed 

by the Office of Management and 

Budget (OMB). 

Executive Order 12988—Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

Executive Order 13132—Federalism 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the Federal 

Government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act (5 

U.S.C. 605(b)), has reviewed this 

regulation, and by approving it certifies 

that it will not have a significant 

economic impact on a substantial 

number of small entities. This rule 

merely requests comment on a proposal 

to further extend the compliance dates 

for the title II program accessibility 

requirements pursuant to 28 CFR 35.150 

and the title III barrier removal 

obligations pursuant to 28 CFR 36.304 

as they relate to accessible means of 

entry into swimming pools, wading 

pools, and spas. The extension would 

provide regulated entities additional 

time to evaluate and comply with their 

program accessibility and readily 

achievable barrier removal obligations. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This rule will not 

result in an annual effect on the 

economy of $100,000,000 or more, a 

major increase in costs or prices, or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Unfunded Mandates Reform Act of 1995 

Section 4(2) of the Unfunded 

Mandates Reform Act of 1995, 2 U.S.C. 

1503(2), excludes from coverage under 

that Act any proposed or final Federal 

regulation that ‘‘establishes or enforces 

any statutory rights that prohibit 

discrimination on the basis of race, 

color, religion, sex, national origin, age, 

handicap, or disability.’’ Accordingly, 

this rulemaking is not subject to the 

provisions of the Unfunded Mandates 

Reform Act. 

Paperwork Reduction Act of 1995 

This proposed rule does not contain 

any information collection requirements 

that require approval by OMB under the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

Dated: March 15, 2012. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2012–6747 Filed 3–15–12; 4:45 pm] 

BILLING CODE 4410–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1029] 

RIN 1625–AA00; AA87 

Safety & Security Zones; OPSAIL 2012 

Connecticut, Thames River, New 

London, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish temporary safety and security 

zones on the Thames River near New 

London, CT for OPSAIL 2012 

Connecticut (CT) activities. This action 

is necessary to provide for the safety of 

life and protection of naval vessels on 

navigable waters during OPSAIL 2012 

CT. This action would restrict vessels 

from entering into, transiting through, 

mooring or anchoring within the zones 

unless authorized by the Captain of the 

Port (COTP) Sector Long Island Sound 

(SLIS). 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 21, 2012. 

Requests for public meetings must be 

received by the Coast Guard on or before 

April 10, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–1029 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS