## 12995 Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Proposed Rules

functional test (pogo check) on each of the six elevator PCA input rod assemblies, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 767– 27–0200, dated June 25, 2007 (for Model 767–200, –300, and –300F series airplanes); or 767–27–0201, dated June 27, 2007 (for Model 767–400ER series airplanes). Repeat the pogo check thereafter at intervals not to exceed 12,000 flight hours.

(i) Before the accumulation of 12,000 total flight hours.

(ii) Within 12,000 flight hours after completion of the most recent pogo check.

(iii) Within 6,000 flight hours after the effective date of this AD.

(3) If any elevator PCA input rod assembly fails to meet any functional test requirement of this AD, before further flight, replace the elevator PCA input rod assembly with a new or serviceable assembly, or overhaul the elevator PCA input rod assembly, in accordance with the applicable service information identified in paragraphs (k)(3)(i) and (k)(3)(ii) of this AD, except as provided by paragraph (n) of this AD.

(i) For replacing or overhauling the assembly on Model 767–200, –300, and –300F airplanes: Use Boeing Service Bulletin 767–27–0186, dated June 25, 2007; or 767– 27–0200, dated June 25, 2007; as applicable.

(ii) For replacing or overhauling the assembly on Model 767–400ER airplanes: Use Boeing Service Bulletin 767–27–0187, dated June 25, 2007; or 767–27–0201, dated June 27, 2007; as applicable.
(l) New Elevator PCA Check (Mis-Rig Check)

(1) For airplanes having line numbers 1 through 901 inclusive: Before further flight after doing the actions required by paragraphs (j) and (k) of this AD, do a check of the elevator PCA rigging, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 767–27–0186, dated June 25, 2007 (for Model 767–200, –300, and –300F series airplanes); or 767–27–0187, dated June 25, 2007 (for Model 767–400ER series airplanes).

(2) For all airplanes: At the latest of the times specified in paragraphs (l)(2)(i), (l)(2)(ii), and (l)(2)(iii) of this AD, do a check of the elevator PCA rigging, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 767–27–0202, Revision 1, dated February 21, 2008 (for Model 767–200, –300, and –300F series airplanes); or 767–27–0203, Revision 1, dated February 21, 2008 (for Model 767–400ER series airplanes). Repeat the mis-rig check thereafter at intervals not to exceed 6,000 flight hours.

(i) Before the accumulation 6,000 total flight hours.

(ii) Within 6,000 flight hours after the completion of the most recent mis-rig check, or after completion of the most recent bellcrank repetitive check, as specified in Boeing Alert Service Bulletin 767–27A0168.

(iii) Within 6,000 flight hours after the effective date of this AD.

(3) If a mis-rig condition is found, before further flight, adjust the PCA input rod assemblies and do a structural inspection for damage, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 767–27–0202, Revision 1, dated February 21, 2008 (for Model 767–200, –300, and –300F airplanes); or 767–27–0203, Revision 1, dated February 21, 2008 (for Model 767–400ER airplanes). If any damage is found during any structural inspection, before further flight, repair in accordance with a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.
(m) Terminating Action

Accomplishment of the requirements of paragraphs (j), (k), and (l) of this AD terminates the requirements of paragraphs (g), (h), and (i) of this AD.
(n) Service Bulletin Exception

Where Boeing Service Bulletins 767–27– 0186 and 767–27–0187, both dated June 25, 2007, specify the use of grease BMS 3–24, this AD allows the alternate use of grease
BMS 3–33.
(o) Method of Compliance for Paragraph (k) of AD 2007–24–08, Amendment 39–15274 (72 FR 67236, November 28, 2007)

For airplanes identified in paragraphs (o)(1) and (o)(2) of this AD: Doing the actions required by paragraphs (j), (k), and (l) of this AD is acceptable for compliance with the actions required by paragraph (k) of AD 2007–24–08, Amendment 39–15274 (72 FR 67236, November 28, 2007).

(1) Group 1, Configuration 2, airplanes identified in Boeing Special Attention Service Bulletin 767–27–0197, Revision 1, dated July 19, 2007.

(2) Group 1, Configuration 1, airplanes identified in Boeing Special Attention Service Bulletin 767–27–0198, Revision 1, dated July 19, 2007.
(p) Parts Installation Prohibition

As of the effective date of this AD, no person may install a bellcrank assembly, P/N 252T2118–1, 252T2118–2, or 252T2118– 3, on any airplane.
(q) Credit for Previous Actions

This paragraph provides credit for the actions required by paragraph (l) of this AD, if those actions were performed before the effective date of this AD using Boeing Service Bulletin 767–27–0202 (for Model 767–200, –300, and –300F airplanes) or 767–27–0203, (for Model 767–400ER airplanes), both dated June 25, 2007.
(r) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Seattle Aircraft Certification Office (ACO), 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 the attention of the person identified in the Related Information section of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov

. (2) 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.

(3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane and the approval must specifically refer to this AD.

(4) AMOCs approved previously in accordance with AD 2001–04–09, Amendment 39–12128 (66 FR 13227, March 5, 2001), are approved as AMOCs for the corresponding requirements of this AD.

(s) Related Information

(1) For more information about this AD, contact Marie Hogestad, Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057– 3356; phone: 425–917–6418; fax: (425) 917– 6590; email: marie.hogestad@faa.gov.

(2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206– 544–5000, extension 1; fax 206–766–5680;
Internet https://www.myboeingfleet.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 February
13, 2013. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2013–04338 Filed 2–25–13; 8:45 am]

**BILLING CODE 4910–13–P**



### DEPARTMENT OF TRANSPORTATION

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2013–0093; Directorate Identifier 2011–NM–109–AD]** 

**RIN 2120–AA64**



### Airworthiness Directives; Gulfstream **Aerospace LP (Type Certificate Previously Held by Israel Aircraft**  **Industries, Ltd.) Airplanes**

**AGENCY** 

### : Federal Aviation Administration (FAA), DOT.

**ACTION** 

### : Notice of proposed rulemaking (NPRM).

**SUMMARY** 

### : We propose to supersede an existing airworthiness directive (AD) that applies to all Gulfstream Aerospace


## 12996 Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Proposed Rules

LP (Type Certificate Previously Held by Israel Aircraft Industries, Ltd.) Model Gulfstream 100 airplanes, and Model Astra SPX and 1125 Westwind Astra airplanes. The existing AD currently requires amending the airplane flight manuals (AFMs) to include additional procedures for verifying complete closure and locking of the main entry door (MED). The existing AD also currently requires modifying the warning and caution lights panel (WACLP), changing the WACLP and MED wiring, changing the wiring harness connecting the MED to the WACLP, and revising the log of modification of the AFM if necessary. Since we issued that AD, we have determined that the compliance time must be revised to ensure the unsafe condition is addressed on low utilization airplanes. We have also removed one airplane from the applicability. We are proposing this AD to prevent incomplete closure of the MED, which may result in the door opening in flight and possible separation of the door, causing damage to the airplane structure and left engine by flying debris and objects.

**DATES** 

### : We must receive comments on this proposed AD by April 12, 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 Gulfstream Aerospace Corporation, P.O. Box 2206, Mail Station D–25, Savannah, Georgia 31402–2206; telephone 800–810–4853; fax 912–965–3520; email pubs@gulfstream.com; Internet http:// www.gulfstream.com/product

_support/ technical

_

pubs/pubs/index.htm. 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** 

### : Tom Stafford, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–227–1622; fax:

425–227–1149.

**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–2013–0093; Directorate Identifier 2011–NM–109–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

On May 7, 2010, we issued AD 2010– 11–02, Amendment 39–16307 (75 FR 28485, May 21, 2010), which superseded AD 2007–03–05, Amendment 39–14916 (72 FR 4414, January 31, 2007). That AD required actions intended to address an unsafe condition on the products listed above.

Since we issued AD 2010–11–02, Amendment 39–16307 (75 FR 28485, May 21, 2010), we have determined that the compliance time must be revised to ensure the unsafe condition is addressed on low utilization airplanes. We have also removed one airplane from the applicability. The Civil Aviation Authority of Israel (CAAI), which is the aviation authority for Israel, has issued Israeli Airworthiness Directive 31–06–11–05R1, dated May 18, 2011 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI

states: To increase pilots’ awareness to the possibility of incomplete closure of the Main Entry Door (MED) by the following means:

1. Splitting the common caution light
CABIN DOOR signaling both MED Improper Closure and MED Inflatable Seal Failure into two separate lights: CABIN DOOR and
CABIN DOOR SEAL.

2. Converting the separated CABIN DOOR Caution light into a Warning light by changing its color to red.

Note: Airplane Flight Manuals (AFM’S) refer to these changes as MOD G1–20052.

Incomplete closure of the MED may be followed by in-flight opening and possible separation of the door. As a result, the MED, the adjacent fuselage structure and other parts of the aircraft may be damaged due to opening forces and landing impact.

Damage to the aircraft structure and to the left engine by flying debris and objects may also occur.



### * * * * * This proposed AD retains the actions required by AD 2010–11–02. This proposed AD limits the existing compliance time by specifying ‘‘no later than 6 months after the effective date of this AD.’’ This proposed AD also removes the airplane having serial number (S/N) 158 from the applicability because the modification was done in production. You may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

Gulfstream Aerospace LP (Type Certificate Previously Held by Israel Aircraft Industries, Ltd.) has issued Service Bulletin 100–31–284, Revision 1, dated May 27, 2011. 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.
Costs of Compliance

The new requirements of this AD add no additional economic burden. The current costs for this AD are repeated for the convenience of affected operators, as follows:

Based on the service information, we estimate that this proposed AD would


## 12997 Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Proposed Rules

affect about 160 products of U.S. registry.

The actions that are required by AD 2010–11–02, Amendment 39–16307 (75 FR 28485, May 21, 2010) and retainedin this proposed AD take about 60 workhours per product, at an average labor rate of $85 per work hour. Required parts cost about $600 per product. Based on these figures, the estimated cost of the currently required actions is $5,700 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 removing airworthiness directive (AD) 2010–11–02, Amendment 39–16307 (75 FR 28485, May 21, 2010), and adding the following new AD:
Gulfstream Aerospace LP (Type Certificate Previously Held by Israel Aircraft Industries, Ltd.): Docket No. FAA–2013– 0093; Directorate Identifier 2011–NM–
109–AD.

(a) Comments Due Date

We must receive comments by April 12,

2013.

(b) Affected ADs

This AD supersedes AD 2010–11–02, Amendment 39–16307 (75 FR 28485, May 21, 2010).
(c) Applicability

This AD applies to Gulfstream Aerospace LP (Type Certificate previously held by Israel Aircraft Industries, Ltd.) Model Gulfstream 100 airplanes, and Model Astra SPX and 1125 Westwind Astra airplanes; certificated in any category; all serial numbers except serial number 158.
(d) Subject

Air Transport Association (ATA) of America Code 31: Indicating/Recording Systems.

(e) Reason

This AD was prompted by a report of a main entry door (MED) opening in flight on an unmodified airplane. We are issuing this AD to prevent incomplete closure of the main entry door, which may result in the door opening in flight and possible separation of the door, causing damage to the airplane structure and left engine by flying debris and objects.
(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) Retained Actions and Compliance

This paragraph restates the requirements of paragraph (f) of AD 2010–11–02, Amendment 39–16307 (75 FR 28485, May 21, 2010). Within 10 days after February 15, 2007 (the effective date of AD 2007–03–05, Amendment 39–14916 (72 FR 4414, January 31, 2007)), amend Section IV, Normal Procedures, of the following Gulfstream airplane flight manuals (AFMs): Model 1125 Astra, 25W–1001–1; Model Astra SPX, SPX– 1001–1; and Model G100, G100–1001–1; as applicable; to include the following statement. Insertion of copies of this AD at the appropriate places of the AFMs is acceptable. The actions required by this paragraph may be accomplished by a holder of a Private Pilot’s License.

1. BEFORE ENGINE START:
(PRE and POST Mod 20052/Gulfstream Service Bulletin 100–31–284): CABIN DOOR—CLOSED (Physically verify

door latch handle pin is fully engaged in the handle lock)

2. BEFORE TAXIING: Change the CABIN DOOR procedure as follows (POST Mod 20052/Gulfstream Service Bulletin 100–31–284): Check CABIN DOOR light—OUT

3. BEFORE TAKE-OFF:

Insert between the POSITION lights switch and the THRUST LEVERS procedures: (PRE Mod 20052/Gulfstream Service Bulletin 100–31–284): Check CABIN DOOR light—OUT (50% N1

may be required) (POST Mod 20052/Gulfstream Service Bulletin 100–31–284): Check CABIN DOOR light—OUT CABIN DOOR SEAL light—OUT (50% N1

may be required) Note 1 to paragraph (g) of this AD: Mod 20052 is equivalent to Gulfstream Service Bulletin 100–31–284, dated August 17, 2006.

(h) Retained Modification With Reduced Compliance Time

This paragraph restates the requirements of paragraph (g) of AD 2010–11–02, Amendment 39–16307 (75 FR 28485, May 21, 2010), with reduced compliance time and new service information.

(1) Within 250 flight hours after June 25, 2010 (the effective date of AD 2010–11–02, Amendment 39–16307 (75 FR 28485, May 21, 2010)), but no later than within 6 months after the effective date of this AD: Modify the warning and caution lights panel (WACLP), in accordance with the Accomplishment Instructions of the applicable service bulletin identified in table 1 of this AD.



### TABLE 

### 1—M ODIFICATION 

### S ERVICE 

### I NFORMATION

Honeywell Service Bulletin— Dated—

80–0548–31–0001 .............. April 1, 2006. 80–0548–31–0002 .............. March 1, 2006. 80–5090–31–0001 .............. March 1, 2006.

(2) Within 250 flight hours after June 25, 2010 (the effective date of AD 2010–11–02, Amendment 39–16307 (75 FR 28485, May 21, 2010)), but no later than within 6 months after the effective date of this AD: Change the


## 12998 Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Proposed Rules

WACLP and MED wiring, in accordance with the Accomplishment Instructions of Gulfstream Service Bulletin 100–31–284, dated August 17, 2006; or Gulfstream Service Bulletin 100–31–284, Revision 1, dated May 27, 2011. As of the effective date of this AD, Gulfstream Service Bulletin 100–31–284, Revision 1, dated May 27, 2011, must be used to accomplish the actions required by this paragraph.

(3) Within 250 flight hours after June 25, 2010 (the effective date of AD 2010–11–02, Amendment 39–16307 (75 FR 28485, May 21, 2010)), but no later than within 6 months after the effective date of this AD: Change the wiring harness connecting the MED to the WACLP, in accordance with the Accomplishment Instructions of Gulfstream Service Bulletin 100–31–284, dated August 17, 2006; or Gulfstream Service Bulletin 100– 31–284, Revision 1, dated May 27, 2011. As of the effective date of this AD, Gulfstream Service Bulletin 100–31–284, Revision 1, dated May 27, 2011, must be used to accomplish the actions required by this paragraph.

(4) Within 250 flight hours after June 25, 2010 (the effective date of AD 2010–11–02, Amendment 39–16307 (75 FR 28485, May 21, 2010)), but no later than within 6 months after the effective date of this AD: Verify that the log of modification of the relevant AFM includes reference to MOD G1–20052, and, if no reference is found, revise the log of modification of the AFM to include reference to the modification.

(5) Doing the modifications specified in paragraphs (h)(1), (h)(2), (h)(3), and (h)(4) of this AD terminates the requirements of paragraph (g) of this AD, and after the modifications have been done, the AFM limitation required by paragraph (g) of this AD may be removed from the AFM.

(i) Other FAA AD Provisions

The following provisions also apply to this
AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Tom Stafford, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–227–1622; fax: 425–227–1149. Information may be emailed to: 9-ANM-116- AMOC-REQUESTS@faa.gov. 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.
(j) Related Information

Refer to MCAI Israeli Airworthiness Directive 31–06–11–05R1, dated May 18, 2011; and the applicable service information identified in paragraphs (j)(1) through (j)(5) of this AD; for related information.

(1) Gulfstream Service Bulletin 100–31– 284, Revision 1, dated May 27, 2011.

(2) Gulfstream Service Bulletin 100–31– 284, dated August 17, 2006.

(3) Honeywell Service Bulletin 80–0548– 31–0001, dated April 1, 2006.

(4) Honeywell Service Bulletin 80–0548– 31–0002, dated March 1, 2006.

(5) Honeywell Service Bulletin 80–5090– 31–0001, dated March 1, 2006.

Issued in Renton, Washington, on February
11, 2013. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2013–04336 Filed 2–25–13; 8:45 am]

**BILLING CODE 4910–13–P**



### DEPARTMENT OF HOMELAND **SECURITY**

**U.S. Customs and Border Protection**

**DEPARTMENT OF THE TREASURY**

**19 CFR Parts 142 and 143**

**[USCBP–2013–0009]**

**RIN 1515–AD96**



### Establishment of Due Process **Procedures on License-Like Processes**

**AGENCY** 

### : U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury.

**ACTION** 

### : Notice of proposed rulemaking.

**SUMMARY** 

### : This document proposes to amend the U.S. Customs and Border Protection (CBP) regulations to set forth due process procedures for CBP to follow before suspending or revoking assigned entry filer codes, immediate delivery privileges or remote location filing privileges. These proposed changes will codify in the regulations due process procedures consistent with the Administrative Procedure Act before CBP takes actions on these programs depriving an importer of these privileges.

**DATES** 

### : Comments must be received on or before April 29, 2013.

**ADDRESSES** 

### : You may submit comments, identified by USCBP docket number, by

one of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments via docket number USCBP–2013–0009.

• Mail: Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade, U.S. Customs and Border Protection, 90 K Street NE. (10th Floor), Washington,
DC 20229–1177.

Instructions: All submissions received must include the agency name and USCBP docket number for this rulemaking. All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ 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. Submitted comments may also be inspected during regular business days between the hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade, Customs and Border Protection, 90 K St. NE., 10th Floor, Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Joseph Clark at (202) 325–0118.

**FOR FURTHER INFORMATION CONTACT** 

### : For operational questions, Laurie Dempsey, Trade Policy and Programs, Office of International Trade, Tel. (202) 863– 6509. For legal questions, Blake Harden, Trade and Finance, Office of Chief Counsel, Tel. (202) 344–2972.

**SUPPLEMENTARY INFORMATION** 

### : Public Participation

Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the proposed rule. U.S. Customs and Border Protection (CBP) also invites comments that relate to the economic, environmental, or federalism effects that might result from this proposed rule. If appropriate to a specific comment, the commenter should reference the specific portion of the proposed rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change.
Background

When an agency acts to deprive a person of a property interest, the Constitution of the United States requires procedures that appropriately