Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Proposed Rules 32579 

(1) The maximum weight. 

(2) Any other weight limits, if necessary. 

(c) Centre of gravity. The established c.g. 

limits required by CS–VLA 23 must be 

furnished. 

(d) Manoeuvres. Authorised manoeuvres 

established in accordance with CS–VLA 3. 

(e) Flight load factors. Manoeuvring load 

factors: the following must be furnished: 

(1) The factors corresponding to point A 

and point C of figure 1 of CS–VLA 333 (b), 

stated to be applicable at VA. 

(2) The factors corresponding to point D 

and point E of figure 1 of CS–VLA 333 (b) 

to be applicable at VNE. 

(3) The factor with wing flaps extended as 

specified in CS–VLA 345. 

(f) Kinds of operation. The kinds of 

operation (day VFR or day and night VFR, 

whichever is applicable) in which the 

aeroplane may be used, must be stated. The 

minimum equipment required for the 

operation must be listed. 

(g) Powerplant limitations. The following 

information must be furnished: 

(1) Limitation required by CS–VLA 1521. 

(2) Information necessary for marking the 

instruments required by CS–VLA 1549 to 

1553. 

(3) Fuel and oil designation. 

(4) For two-stroke engines, fuel/oil ratio. 

(h) Placards. Placards required by CS–VLA 

1555 to 1561 must be presented. 

Information Contact 

Comments Invited 

We invite interested parties to submit 

comments on the proposed airworthiness 

standards to the address specified above. 

Commenters must identify the AQUILA 

AT01 Model AT01 and submit comments to 

the address specified above. The FAA will 

consider all communications received on or 

before the closing date before issuing the 

final acceptance. The proposed airworthiness 

design standards and comments received 

may be inspected at the FAA, Small Airplane 

Directorate, Aircraft Certification Service, 

Standards Office (ACE–110), 901 Locust 

Street, Room 301, Kansas City, MO 64106, 

between the hours of 7:30 a.m. and 4:00 p.m. 

weekdays, except Federal holidays. 

Issued in Kansas City, Missouri on May 8, 

2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–12176 Filed 5–30–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0459; Directorate 

Identifier 2013–NM–044–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model CL–600–2C10 

(Regional Jet Series 700, 701, & 702) 

airplanes, Model CL–600–2D15 

(Regional Jet Series 705) airplanes, 

Model CL–600–2D24 (Regional Jet 

Series 900) airplanes, and Model CL– 

600–2E25 (Regional Jet Series 1000) 

airplanes. This proposed AD was 

prompted by reports of erratic pitch 

movement and oscillatory behaviors of 

the elevator control system. This 

proposed AD would require repetitive 

replacement of the bellcrank supports 

on the inner rear spar of the horizontal 

stabilizer with new, improved bellcrank 

supports. We are proposing this AD to 

prevent erratic pitch movement and 

transient accelerations, which could 

result in a significant pitch upset, and 

injuries to passengers and flightcrew. 

DATES: We must receive comments on 

this proposed AD by July 15, 2013. 

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 

W12–140, 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., 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. You may 

review copies of the referenced 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. 

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: 

Ricardo Garcia, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7331; 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–2013–0459; Directorate Identifier 

2013–NM–044–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:// 

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–2013–03, 

dated February 5, 2013 (referred to after 

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

condition for the specified products. 

The MCAI states: 

There have been several reported incidents 

of erratic pitch movements and oscillatory 

behaviors of the elevator control system. 

Investigation revealed that, the increase in 

the elevator breakout force induced by the 

introduction of a new elevator centering 

mechanism, in combination with the existing 


tkelley on DSK3SPTVN1PROD with PROPOSALS
32580 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Proposed Rules 

bracket assembly backlash and bearing 

friction of the bell crank support, could result 

in erratic pitch movement and oscillatory 

behavior of the elevator control system. This 

condition, if not corrected, could result in 

pitch upset of the aeroplane that generates 

transient accelerations. These accelerations 

could be high enough to injure aeroplane 

occupants that are not restrained in their 

seats. 

This [TCCA] AD mandates the repetitive 

replacement of the bellcrank supports with a 

new bearing. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Bombardier, Inc. has issued Service 

Bulletin 670BA–27–064, dated 

December 11, 2012. 

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. 

Difference Between This Proposed AD 

and the MCAI or Service Information 

The MCAI specifies using ‘‘later 

approved revisions’’ of the service 

information when accomplishing the 

requirements. However, ‘‘later approved 

revisions’’ must not be used in an AD 

when referring to the service document 

because doing so violates Office of the 

Federal Register (OFR) regulations for 

approval of materials ‘‘incorporated by 

reference’’ in rules. Therefore, we have 

not included ‘‘later approved revisions’’ 

in this proposed AD. If additional parts 

are identified in later revisions of the 

service information, we might consider 

further rulemaking then. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 400 products of U.S. 

registry. We also estimate that it would 

take about 7 work-hours per product to 

comply with the basic requirements of 

this proposed AD. Required parts would 

cost up to $2,422 per product. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate the 

cost of the proposed AD on U.S. 

operators to be up to $1,206,800, or up 

to $3,017 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 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); 

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 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–2013– 

0459; Directorate Identifier 2013–NM– 

044–AD. 

(a) Comments Due Date 

We must receive comments by July 15, 

2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the airplanes specified 

in paragraphs (c)(1), (c)(2), and (c)(3) of this 

AD, certificated in any category. 

(1) Bombardier, Inc. Model CL–600–2C10 

(Regional Jet Series 700, 701, & 702) 

airplanes, serial numbers 10002 through 

10999 inclusive. 

(2) Bombardier, Inc. Model CL–600–2D15 

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

(Regional Jet Series 900) airplanes, serial 

numbers 15001 through 15990 inclusive. 

(3) Bombardier, Inc. Model CL–600–2E25 

(Regional Jet Series 1000) airplanes, serial 

numbers 19001 through 19990 inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 27, Flight controls. 

(e) Reason 

This AD was prompted by reports of erratic 

pitch movements and oscillatory behaviors of 

the elevator control system. We are issuing 

this AD to prevent erratic pitch movement 

and transient accelerations, which could 

result in a significant pitch upset, and 

injuries to passengers and flightcrew. 

(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) Repetitive Replacement of the Bellcrank 

Supports 

For any airplane with bellcrank supports 

having part numbers AV670–23350–001 (left 

side) and AV670–23350–002 (right side), on 

the inner rear spar of the horizontal 

stabilizer: At the applicable time specified in 

paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of this 

AD, replace the affected bellcrank supports 

with new bellcrank supports, in accordance 

with the Accomplishment Instructions of 

Bombardier Service Bulletin 670BA–27–064, 

dated December 11, 2012. Repeat the 

replacement thereafter at intervals not to 

exceed 20,000 flight hours. 

(1) For airplanes that have, as of the 

effective date of this AD, accumulated 18,000 

total flight hours or less: Replace before the 

accumulation of 24,600 total flight hours. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Proposed Rules 32581 

(2) For airplanes that have, as of the 

effective date of this AD, accumulated more 

than 18,000 total flight hours, but 23,400 

total flight hours or less: Replace within 

6,600 flight hours after the effective date of 

this AD. 

(3) For airplanes that have, as of the 

effective date of this AD, accumulated more 

than 23,400 total flight hours, but 28,500 

total flight hours or less: Replace before the 

accumulation of 30,000 total flight hours. 

(4) For airplanes that have, as of the 

effective date of this AD, accumulated more 

than 28,500 total flight hours: Within 1,500 

flight hours after the effective date of this AD. 

(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 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 

(1) Refer to MCAI Canadian Airworthiness 

Directive CF–2013–03, dated February 5, 

2013; and Bombardier Service Bulletin 

670BA–27–064, dated December 11, 2012; for 

related information. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu 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. You may review 

copies of the referenced 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. 

Issued in Renton, Washington, on May 22, 

2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–12897 Filed 5–30–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 1150 

[Docket No. FDA–2012–N–0920] 

RIN 0910–AG81 

Tobacco Products, User Fees, 

Requirements for the Submission of 

Data Needed To Calculate User Fees 

for Domestic Manufacturers and 

Importers of Tobacco Products 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed rule. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is issuing 

this proposed rule that would require 

domestic tobacco product 

manufacturers and importers to submit 

information needed to calculate the 

amount of user fees assessed under the 

Federal Food, Drug, and Cosmetic Act 

(the FD&C Act). The United States 

Department of Agriculture (USDA) has 

been collecting this information and 

providing FDA with the data FDA needs 

to calculate the amount of user fees 

assessed to tobacco product 

manufacturers and importers. USDA 

intends to cease collecting this 

information starting in fiscal year 2015 

(October 2014). Consistent with the 

requirements of the FD&C Act, we are 

proposing to require the submission of 

this information to FDA instead of 

USDA. We are taking this action to 

ensure that FDA continues to have the 

information we need to calculate, 

assess, and collect user fees. 

DATES: Submit either electronic or 

written comments on the proposed rule 

by August 14, 2013. Submit comments 

on information collection issues under 

the Paperwork Reduction Act of 1995 by 

July 1, 2013 (see the ‘‘Paperwork 

Reduction Act of 1995’’ section of this 

document). 

ADDRESSES: You may submit comments, 

identified by Docket No. FDA–2012–N– 

0920 and/or Regulatory Information 

Number (RIN) 0910–AG81, by any of the 

following methods, except that 

comments on information collection 

issues under the Paperwork Reduction 

Act of 1995 (the PRA) must be 

submitted to the Office of Regulatory 

Affairs, Office of Management and 

Budget (OMB) (see the ‘‘Paperwork 

Reduction Act of 1995’’ section of this 

document). 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

following ways: 

• Fax: 301–827–6870. 

• Mail/Hand Delivery/Courier (for 

paper, disk, or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, Rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the Agency name and 

Docket No(s). and RIN for this 

rulemaking. All comments received may 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

comments, see the ‘‘Comments’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov and insert the 

docket number(s), found in brackets in 

the heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Boocker or Annette Marthaler, 

Center for Tobacco Products, Food and 

Drug Administration, 9200 Corporate 

Blvd., Rockville, MD 20850–3229, 877– 

287–1373. Nancy.Boocker@fda.hhs.gov 

or Annette.Marthaler@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. Two-Step Process To Calculate 

Quarterly Assessments 

B. Specific Considerations and Processes 

for User Fees Under Section 919 of the 

FD&C Act 

II. Description of the Proposed Rule 

A. General Principles 

B. Scope and Definitions 

C. Required Information 

D. Methodology 

E. Notification of Assessments 

F. Payments 

G. Disputes 

H. Penalties 

III. Effective Date 

IV. Legal Authority 

V. Environmental Impact 

VI. Analysis of Impacts 

A. Introduction 

B. Baseline 

C. Number of Affected Entities 


tkelley on DSK3SPTVN1PROD with PROPOSALS