46964 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations 

CATTLE AND CALVES 1—Continued 

State/Unit (1,000 head) Directors 

38. Importer 2 ........................................................................................................................................................... 5,927 6 

1 2011, 2012, and 2013 average of January 1 cattle inventory data. 

2 2010, 2011, and 2012 average of annual import data. 

* * * * * 

■ 4. In § 1260.312, paragraph (c) is 

revised to read as follows: 

§ 1260.312 Remittance to the Cattlemen’s 

Board or Qualified State Beef Council. 

* * * * * 

(c) Remittances. The remitting person 

shall remit all assessments to the 

qualified State beef council or its 

designee, or if there is no qualified State 

beef council, to the Cattlemen’s Board at 

P.O. Box 803834, Kansas City, MO 

64180–3834, with the report required in 

paragraph (a) of this section not later 

than the 15th day of the following 

month. All remittances sent to a 

qualified State beef council or the 

Cattlemen’s Board by the remitting 

persons shall be by check or money 

order payable to the order of the 

qualified State beef council or the 

Cattlemen’s Board. All remittances shall 

be received subject to collection and 

payment at par. 

■ 5. Section 1260.316 is revised to read 

as follows: 

§ 1260.316 Paperwork Reduction Act 

assigned number. 

The information collection and 

recordkeeping requirements contained 

in this part have been approved by the 

Office of Management and Budget 

(OMB) under the provisions of 44 U.S.C. 

Chapter 35 and have been assigned 

OMB control number 0581–0093. 

Dated: August 7, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–19029 Filed 8–11–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 13 

[Docket No.: FAA–2014–0505; Amdt. No. 

13–36] 

RIN 2120–AK43 

Orders of Compliance, Cease and 

Desist Orders, Orders of Denial, and 

Other Orders 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Immediate final rule; request for 

comments. 

SUMMARY: This rulemaking provides the 

opportunity for an informal conference 

with an FAA attorney before an order is 

issued under the FAA’s regulation 

covering orders other than certificate 

action and civil penalty orders. This 

change is necessary to provide 

additional fairness and process to those 

persons who are subject to such an 

order, and is consistent with the process 

available in other enforcement actions. 

These conferences may result in either 

a resolution of the matter or a narrowing 

of the issues, thereby conserving 

resources for respondents and the FAA. 

DATES: Effective October 14, 2014. 

Submit comments on or before 

September 11, 2014. 

ADDRESSES: Send comments identified 

by docket number, FAA–2014–0505 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical or legal questions concerning 

this action, contact Edmund Averman, 

Office of the Chief Counsel (AGC–210), 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–3147; email Ed.Averman@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Good Cause for Immediate Adoption 

Section 553(b)(3)(A) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553) authorizes agencies to 

dispense with notice and comment 

procedures for rules when the agency 

for ‘‘good cause’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without seeking comment 

prior to the rulemaking. 

The FAA finds that notice and public 

comment to this immediately adopted 

final rule are impracticable, 

unnecessary, and contrary to the public 

interest. This rulemaking provides the 

opportunity for an informal conference 

with an FAA attorney before an order is 

issued under § 13.20. Since this change 

provides additional fairness and process 

to those persons who are subject to such 

an order, this amendment should not 

adversely impact those covered by an 

order. In fact, these conferences may 

result in a resolution of the matter or, in 

some cases, a narrowing of the issues, 

thereby conserving resources for 

respondents and the FAA. Finally, these 

conferences are optional. 


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Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations 46965 

Therefore, the FAA has determined 

that notice and public comment are 

unnecessary. 

Comments Invited 

For the reasons noted above, the FAA 

is adopting this final rule without prior 

notice and public comment. The 

Regulatory Policies and Procedures of 

the Department of Transportation (DOT) 

(44 FR 1134; February 26, 1979), 

provide that, to the maximum extent 

possible, operating administrations for 

the DOT should provide an opportunity 

for public comment on regulations 

issued without prior notice. 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The agency also invites 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from adopting 

the changes. The most helpful 

comments reference a specific portion of 

this rule, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

please send only one copy of written 

comments, or, if you are filing 

comments electronically, please submit 

your comments only one time. 

The FAA will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this rulemaking. Once the 

comment period closes, the FAA will 

review and dispose of the comments 

filed in the rulemaking docket. Because 

this is a final rule, the FAA will publish 

a disposition of comments in the 

Federal Register. Based on the 

comments received, the FAA will state 

whether it has decided that (i) no action 

is necessary other than publishing the 

disposition of comments in the Federal 

Register, or (ii) the FAA should prepare 

a revised final rule. 

Proprietary or Confidential Business 

Information 

Do not file in the docket information 

that you consider to be proprietary or 

confidential business information. Send 

or deliver this information directly to 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document. Mark the information that is 

considered proprietary or confidential. 

If the information is on a disk or CD 

ROM, mark the outside of the disk or CD 

ROM and also identify electronically 

within the disk or CD ROM the specific 

information that is proprietary or 

confidential. 

Under 14 CFR 11.35(b), when the 

FAA is aware of proprietary information 

filed with a comment, the agency does 

not place it in the docket. The FAA 

holds it in a separate file to which the 

public does not have access, and the 

agency places a note in the docket that 

it has received it. If the FAA receives a 

request to examine or copy this 

information, the FAA treats it as any 

other request under the Freedom of 

Information Act, 5 U.S.C. 552. The FAA 

processes such a request under the DOT 

procedures found in 49 CFR part 7. 

Authority for this Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. 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. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701, ‘‘General requirements.’’ Under 

that section, the FAA is charged with 

prescribing regulations required in the 

interest of safety for the design and 

performance of aircraft; regulations and 

minimum standards in the interest of 

safety for inspecting, servicing, and 

overhauling aircraft; and regulations for 

other practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

I. Discussion of the Final Rule 

Section 13.20 of 14 CFR part 13 

(Orders of compliance, cease and desist 

orders, orders of denial, and other 

orders) applies to a variety of orders 

issued by the Administrator to carry out 

the provisions of the Federal Aviation 

Act of 1958, as amended, the Hazardous 

Materials Transportation Act, the 

Airport and Airway Development Act of 

1970, and the Airport and Airway 

Improvement Act of 1982, or the Airport 

and Airway Improvement Act of 1982 as 

amended by the Airport and Airway 

Safety and Capacity Expansion Act of 

1987. This section does not apply to 

orders issued under the authority of 49 

U.S.C. 46301 (assessing civil penalties) 

or 49 U.S.C. 44709 (amendments, 

modifications, suspensions, and 

revocations of certain certificates). 

Paragraph (c) of § 13.20 allows, within 

30 days after service of the notice, a 

person subject to an order to reply in 

writing or request a hearing in 

accordance with subpart D of part 13. 

This rule amends that paragraph to add 

a third option—an opportunity to be 

heard in an informal conference with an 

FAA attorney. The FAA has determined 

that this third option offers additional 

fairness and process to those persons 

who would be the subject of an order 

issued under § 13.20. In addition, since 

this opportunity is already available to 

persons subject to certificate actions 

under § 13.19 and civil penalty actions 

under §§ 13.16 and 13.18, it makes 

sense to add it to § 13.20 for consistency 

and fairness. 

Through the mechanism of the 

informal conference in these other 

contexts, matters are sometimes 

resolved or the issues are narrowed. 

This results in conserving resources, 

both for respondents and the FAA. The 

FAA expects these benefits will also be 

realized for orders issued under § 13.20 

when the informal conference option is 

selected. 

This rule also amends paragraph (d) 

of § 13.20 to provide for these informal 

conferences. Paragraph (d) currently 

allows a person who files a reply under 

paragraph (c) to further request a 

hearing in accordance with Subpart D of 

part 13 as to any charges not dismissed 

or not subject to a consent order. The 

option to request a hearing is expanded 

to include persons who requested an 

informal conference. 

Concurrent with the publication of 

this rule, the FAA is publishing a final 

rule entitled ‘‘Repair Stations.’’ One of 

the main purposes of that rulemaking is 

to amend the certificate application 

section to provide the FAA with the 

ability to deny an application for a 

repair station certificate to an applicant 

who previously held a repair station 

certificate that was revoked or who 

intends to use certain key management 

personnel or other persons who could 

exercise control over the repair station’s 

operations and who had materially 

contributed to the circumstances that 

caused a previous repair station 

revocation. That action is necessary to 

provide the FAA with the authority to 

deny a repair station certificate to an 

applicant who has violated part 145 

regulations to an extent that revocation 

of the certificate was warranted or who 

intends to use key decision makers who 

materially contributed to a prior 

revocation. 

During the FAA’s internal review of 

the Repair Stations final rule, the FAA 

noted that commenters raised due 

process issues with respect to how the 

FAA would determine who these 

persons were, how it would be 

determined that they materially 

contributed to a prior revocation, and 

what process would be afforded them to 

challenge such determinations. When 

considering the commenters’ concerns, 

the FAA noticed that, although FAA 

certificate actions and civil penalty 

actions provide for the opportunity for 

an informal conference with an FAA 

attorney, that option is not provided to 


pmangrum on DSK3VPTVN1PROD with RULES
46966 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations 

persons who receive notice of a 

proposed order under § 13.20. The FAA 

believes that an amendment to part 13 

is necessary to provide the informal 

conference option to all persons subject 

to an order issued under § 13.20. This 

provides a measure of fairness to 

affected persons, and because matters 

are sometimes resolved or the issues 

narrowed at the informal conference 

stage, this amendment has the potential 

to conserve resources for both 

respondents and the FAA. 

To respond to those concerns, the 

FAA is adding a paragraph to the 

‘‘denial authority’’ section (§ 145.51(f)) 

in the Repair Station Final Rule that 

provides that those persons are subject 

to an order under the procedures set 

forth in § 13.20. That section provides 

for notice and the opportunity for a 

hearing under subpart D of part 13. 

In addition, we are making a minor 

clarifying change to paragraph (d). The 

current rule provides that, if a person 

files a reply, the person may request a 

hearing as to any charges not dismissed 

as a result of the agency’s consideration 

of the reply. We are replacing the word 

‘‘dismissed’’ with ‘‘withdrawn’’ because 

it more accurately reflects the role of the 

agency prior to a hearing. As provided 

in § 13.20(f), it is the role of the Hearing 

Officer at the close of the hearing to 

either dismiss the notice or issue an 

order. This change also aligns the 

agency’s procedures in other 

enforcement contexts, for example, in 

civil penalty and certificate action 

matters. 

II. Summary of the Costs and Benefits 

of the Final Rule 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 and 

Executive Order 13563 direct that each 

Federal agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this final rule. 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it to be included in the 

preamble if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this final rule. The reasoning for this 

determination follows: 

The amendment to § 13.20 allows for 

informal conference with FAA Counsel 

for those persons subject to orders of 

compliance, cease and desist orders, 

orders of denial, and other orders. This 

amendment parallels due process 

already afforded to persons of other 

enforcement actions (i.e. § 13.16 and 

§ 13.18—civil penalty actions, and 

§ 13.19—certificate actions). Since the 

amendment provides voluntary 

opportunity for issues to be resolved, or 

at least narrowed, prior to a formal 

hearing, a positive net benefit is 

realized. 

Since the expected outcome will be a 

minimal impact with positive net 

benefits, a regulatory evaluation was not 

prepared. 

The FAA has, therefore, determined 

that this final rule is not a ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866, and is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures. 

III. Regulatory Notices and Analyses 

A. Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. However, if an agency determines 

that a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

This final rule provides a positive net 

benefit to persons subject to orders the 

opportunity to have informal conference 

with FAA Counsel prior to a formal 

hearing. Thus, this rule affects persons, 

not small entities. 

If an agency determines that a 

rulemaking will not result in a 

significant economic impact on a 

substantial number of small entities, the 

head of the agency may so certify under 

section 605(b) of the RFA. Therefore, as 

provided in section 605(b), the head of 

the FAA certifies that this rulemaking 

will not result in a significant economic 

impact on a substantial number of small 

entities. 

B. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this final rule and 

determined that it offers the same 

positive net benefit to all persons 

regardless of nationality and thus has a 

neutral trade impact. 


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Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations 46967 

C. Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of $151 

million in lieu of $100 million. This 

final rule does not contain such a 

mandate; therefore, the requirements of 

Title II of the Act do not apply. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. The 

FAA has determined that there is no 

new requirement for information 

collection associated with this final 

rule. 

E. International Compatibility and 

Cooperation 

(1) In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no differences with 

these regulations. 

(2) Executive Order 13609, Promoting 

International Regulatory Cooperation, 

promotes international regulatory 

cooperation to meet shared challenges 

involving health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609, and has determined that 

this action would have no effect on 

international regulatory cooperation. 

F. Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

Chapter 3, paragraph 312d and involves 

no extraordinary circumstances. 

IV. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. The 

agency determined that this action will 

not have a substantial direct effect on 

the States, or the relationship between 

the Federal Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have Federalism implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). The 

agency has determined that it is not a 

‘‘significant energy action’’ under the 

executive order and it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

V. How To Obtain Additional 

Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document may be obtained by using the 

Internet— 

1. Search the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visit the FAA’s Regulations and 

Policies Web page at http://

www.faa.gov/regulations_policies/ or 

3. Access the Government Printing 

Office’s Web page at: http://

www.gpo.gov/fdsys/. 

Copies may also be obtained by 

sending a request (identified by notice, 

amendment, or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. 

B. Comments Submitted to the Docket 

Comments received may be viewed by 

going to http://www.regulations.gov and 

following the online instructions to 

search the docket number for this 

action. Anyone is able to search the 

electronic form of all comments 

received into any of the FAA’s dockets 

by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

C. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document, may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the Internet, visit http://

www.faa.gov/regulations_policies/

rulemaking/sbre_act/. 

List of Subjects in 14 CFR Part 13 

Administrative practice and 

procedure, Air transportation, 

Hazardous materials transportation, 

Investigations, Law enforcement, 

Penalties. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation amends Chapter I of 

Title 14, Code of Federal Regulations, as 

follows: 

PART 13—INVESTIGATIVE AND 

ENFORCEMENT PROCEDURES 

■ 1. Revise the authority citation for part 

13 to read as follows: 

Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 

(note); 49 U.S.C. 106(g), 5121–5128, 40113– 

40114, 44103–44106, 44701–44703, 44709– 

44710, 44713, 46101–46111, 46301, 46302 

(for a violation of 49 U.S.C. 46504), 46304– 

46316, 46318, 46501–46502, 46504–46507, 

47106, 47107, 47111, 47122, 47306, 47531– 

47532; 49 CFR 1.47. 

■ 2. Amend § 13.20 by revising 

paragraphs (c) and (d) to read as follows: 

13.20 Orders of compliance, cease and 

desist orders, orders of denial, and other 

orders 

* * * * * 

(c) Within 30 days after service of the 

notice, the person subject to the order 

may’’ 

(1) Request an opportunity to be heard 

in an informal conference with an FAA 

attorney; 

(2) Reply in writing; or 

(3) Request a hearing in accordance 

with subpart D of this part. 

(d) If an informal conference is held 

or a reply is filed, as to any charges not 

withdrawn or not subject to a consent 

order, the person subject to the order 

may, within 10 days after receipt of 

notice that the remaining charges are 

not withdrawn, request a hearing in 

accordance with subpart D of this part. 

* * * * * 


pmangrum on DSK3VPTVN1PROD with RULES
46968 Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Rules and Regulations 

Issued under authority of 49 U.S.C. 106 

and 44701 in Washington, DC, on July 17, 

2014. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2014–18294 Filed 8–11–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0490; Directorate 

Identifier 2014–NM–133–AD; Amendment 

39–17926; AD 2014–16–02] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model CL–600–1A11 

(CL–600) airplanes. This AD requires 

revising the airplane flight manual to 

prohibit thrust reverser operation, and 

repetitive detailed inspections of both 

engine thrust reversers for cracks and 

modification if necessary. The 

modification of the thrust reversers is 

also an optional terminating action for 

the repetitive inspections. This AD was 

prompted by reports of partial 

deployment of an engine thrust reverser 

in-flight caused by a failure of the 

translating sleeve at the thrust reverser 

attachment points. We are issuing this 

AD to detect and correct cracks of the 

translating sleeve at the thrust reverser 

actuator attachment points, which could 

result in deployment or dislodgement of 

an engine thrust reverser in-flight and 

subsequent reduced control of the 

airplane. 

DATES: This AD becomes effective 

August 12, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of August 12, 2014. 

We must receive comments on this 

AD by September 26, 2014. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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 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 view 

this 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 by searching for 

and locating Docket No. FAA–2014– 

0490; 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 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: 

Fabio Buttitta, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office (ACO), 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone 516–228–7303; fax 

516–794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Emergency Airworthiness Directive CF– 

2014–19, dated June 20, 2014 (referred 

to after this as the Mandatory 

Continuing Airworthiness Information, 

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

condition for certain Bombardier, Inc. 

Model CL–600–1A11 (CL–600) 

airplanes. The MCAI states: 

There have been two reported incidents of 

partial deployment of an engine thrust 

reverser in-flight, caused by a failure of the 

translating sleeve at the thrust reverser 

actuator attachment points. Inspection of the 

same area on some other thrust reversers 

revealed cracks emanating from the holes 

under the nut plates. 

In both incidents, the affected aeroplane 

landed safely without any noticeable 

controllability issues, however structural 

failure of thrust reverser actuator attachment 

points resulting in thrust reverser 

deployment or dislodgment in flight [and 

subsequent reduced control of the airplane] 

is a safety hazard warranting an immediate 

mitigating action. 

To help in mitigating any immediate safety 

hazard, Bombardier Inc. has revised the 

Aircraft Flight Manual (AFM) through 

Temporary Revisions (TR) 600/29, 600/30, 

600–1/24 and 600–1/26, to prohibit the thrust 

reverser operation on affected aeroplanes. 

Additionally, as an interim corrective action, 

Bombardier Inc. has issued alert service 

bulletin (ASB) A600–0769 requiring an 

inspection and/or a mechanical lock out of 

the thrust reverser to prevent it from moving 

out of forward thrust mode. 

This [Canadian] AD is issued to mandate 

the incorporation of revised AFM procedures 

per TR 600/29, 600/30, 600–1/24 and 600–1/ 

26 and compliance with ASB A600–0769 for 

all affected CL–600–1A11 aeroplanes. 

Required actions also include repetitive 

detailed inspections (including a 

borescope inspection) of both engine 

thrust reversers for cracks, and 

modifying the thrust reversers if 

necessary. Modifying the thrust 

reversers terminates the detailed 

inspections. You may examine the 

MCAI on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0490. 

Relevant Service Information 

Bombardier, Inc. has issued the 

following service information. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

• Bombardier Alert Service Bulletin 

A600–0769, Revision 01, dated June 26, 

2014. 

• Canadair Temporary Revision (TR) 

600/29, dated June 20, 2014, to the 

Canadair CL–600–1A11 Airplane Flight 

Manual (AFM). 

• Canadair TR 600/30, dated June 6, 

2014, to the Canadair CL–600–1A11 

AFM. 

• Canadair TR 600–1/24, dated June 

20, 2014, to the Canadair CL–600–1A11 

AFM (Winglets) including Erratum, 

Publication No. PSP 600–1AFM (US), 

TR No. 600–1/24, June 20, 2014. 

• Canadair TR 600–1/26, dated June 

6, 2014, to the Canadair CL–600–1A11 

AFM (Winglets). 


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