This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

61511 

Vol. 77, No. 196 

Wednesday, October 10, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0588; Directorate 

Identifier 2012–NM–017–AD; Amendment 

39–17210; AD 2012–20–04] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model DHC–8–400 

series airplanes. This AD was prompted 

by reports of chafing between the wire 

harness along the wing leading edge and 

the inboard end rib of the wing leading 

edge due to insufficient clearance. This 

AD requires inspecting the wire harness 

along the leading edge for chafing 

damage, and repair if necessary; and 

relocating and installing new anchor 

nuts. We are issuing this AD to detect 

and correct chafing damage to the wire 

harness along the wing leading edge, 

which if not corrected, could lead to the 

loss of the airframe de-icing system, and 

could become a possible ignition source 

causing fire. 

DATES: This AD becomes effective 

November 14, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of November 14, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Assata Dessaline, Aerospace Engineer, 

Avionics and Flight Test Branch, ANE– 

172, FAA, New York Aircraft 

Certification Office (ACO), 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7301; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on June 5, 2012 (77 FR 33125). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

There have been several in-service reports 

of chafing between the wire harness along the 

wing leading edge and the wing leading edge 

inboard end rib. The chafing condition was 

found to be caused by insufficient clearance 

between the wire harness and the structure. 

Chafing and damage to this wire harness 

could lead to the loss of the airframe de-icing 

system, and could be a possible ignition 

source causing fire and the subsequent loss 

of the aeroplane. 

This [Transport Canada Civil Aviation] 

Airworthiness Directive (AD) mandates [a 

detailed] inspection of the wire harness along 

the leading edge [for chafing damage, and 

repair if necessary] and the relocation [and 

installation of new] anchor nut[s]. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Request To Include Latest Revision of 

Service Information 

Horizon Air (Horizon) requested that 

we revise the proposed rule (77 FR 

33125, June 5, 2012) to reflect the latest 

revision of the service information. 

Horizon pointed out that Bombardier 

Service Bulletin 84–57–24, dated 

September 30, 2011, referenced in that 

NPRM contained an error in a work step 

that needed to be corrected. 

We agree. Bombardier has issued 

Service Bulletin 84–57–24, Revision A, 

dated August 6, 2012. This service 

bulletin was revised to correct a 

reference to a figure in a work step. We 

have changed this final rule to reference 

Bombardier Service Bulletin 84–57–24, 

Revision A, dated August 6, 2012, 

throughout. We have also added 

paragraph (i) of this final rule to give 

credit for actions performed before the 

effective date of this AD using 

Bombardier Service Bulletin 84–57–24, 

dated September 30, 2011. 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously 

and minor editorial changes. We have 

determined that these changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

33125, June 5, 2012) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 33125, 

June 5, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

83 products of U.S. registry. We also 

estimate that it will take about 9 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $0 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of this AD 

to the U.S. operators to be $63,495, or 

$765 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 


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61512 Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains the NPRM (77 FR 33125, June 

5, 2012), the regulatory evaluation, any 

comments received, and other 

information. The street address for the 

Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2012–20–04 Bombardier, Inc.: Amendment 

39–17210. Docket No. FAA–2012–0588; 

Directorate Identifier 2012–NM–017–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective November 14, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc. Model 

DHC–8–400, –401, and –402 airplanes, 

certificated in any category, serial numbers 

4001 through 4382 inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 57: Wings. 

(e) Reason 

This AD was prompted by reports of 

chafing between the wire harness along the 

wing leading edge and the inboard end rib of 

the wing leading edge due to insufficient 

clearance. We are issuing this AD to detect 

and correct chafing damage to the wire 

harness along the wing leading edge, which 

if not corrected, could lead to the loss of the 

airframe de-icing system, and could become 

a possible ignition source causing fire. 

(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) Inspection and Repair 

Within 3,000 flight hours or 18 months 

after the effective date of this AD, whichever 

occurs first: Perform a detailed inspection for 

chafing damage of the wire harness at the 

leading edge, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 84–57–24, Revision A, dated 

August 6, 2012. If any chafing damage is 

found: Before further flight, repair in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–57–24, Revision A, dated August 6, 2012. 

(h) Installation of New Anchor Nuts 

Within 3,000 flight hours or 18 months 

after the effective date of this AD, whichever 

occurs first: Relocate and install new anchor 

nuts on the leading edge, in accordance with 

the Accomplishment Instructions of 

Bombardier Service Bulletin 84–57–24, 

Revision A, dated August 6, 2012. 

(i) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraphs (g) and (h) of this AD, 

if those actions were performed before the 

effective date of this AD using Bombardier 

Service Bulletin 84–57–24, dated September 

30, 2011. 

(j) 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. 

(k) Related Information 

(1) Refer to MCAI Canadian Airworthiness 

Directive CF–2012–05, dated January 13, 

2012; and Bombardier Service Bulletin 84– 

57–24, Revision A, dated August 6, 2012; for 

related information. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., Q-Series 

Technical Help Desk, 123 Garratt Boulevard, 

Toronto, Ontario M3K 1Y5, Canada; 

telephone 416–375–4000; fax 416–375–4539; 

email thd.qseries@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, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Bombardier Service Bulletin 84–57–24, 

Revision A, dated August 6, 2012. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Bombardier, Inc., Q-Series 

Technical Help Desk, 123 Garratt Boulevard, 

Toronto, Ontario M3K 1Y5, Canada; 

telephone 416–375–4000; fax 416–375–4539; 

email thd.qseries@aero.bombardier.com; 

Internet http://www.bombardier.com. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations 61513 

WA. For information on the availability of 

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

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

September 27, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–24523 Filed 10–9–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 400 

[Docket No. FAA–2012–0318; Notice No. 

400–4] 

RIN 2120–AK16 

Voluntary Licensing of Amateur 

Rocket Operations; Correction; Delay 

of Effective Date 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; correction; 

delay of effective date. 

SUMMARY: This action delays the 

effective date for a direct final rule that 

was published on August 22, 2012. In 

that rule, the FAA amends the scope of 

its regulations to allow launch operators 

that conduct certain amateur rocket 

launches an opportunity to voluntarily 

apply for a commercial space 

transportation license or experimental 

permit. The FAA has received several 

adverse comments to this rule, and 

delays the effective date to allow time 

for adequate analysis and a final 

determination. This document also 

corrects the regulatory identification 

number on the original publication. 

DATES: The effective date for the direct 

final rule published on August 22, 2012, 

was scheduled to be October 9, 2012, 

and is delayed until November 8, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions, contact Shirley 

McBride, Senior Transportation 

Industry Analyst, Regulations and 

Analysis Division, AST–300, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–7470; facsimile (202) 267–5463; 

email Shirley.McBride@faa.gov. For 

legal questions, contact Laura 

Montgomery, Senior Attorney for 

Commercial Space Transportation, 

Office of the Chief Counsel, Regulations 

Division, AGC–200, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3150; facsimile 

(202) 267–7971, email 

laura.montgomery@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 22, 2012, the FAA 

published the direct final rule entitled, 

‘‘Voluntary Licensing of Amateur 

Rocket Operations’’ (77 FR 50584). In 

this rule, the FAA is amending the 

scope of its regulations to allow launch 

operators that conduct certain amateur 

rocket launches an opportunity to 

voluntarily apply for a commercial 

space transportation license or 

experimental permit. This rule received 

4 adverse comments prior to comment 

period closing on September 21, 2012. 

The rule contained the effective date of 

October 9, 2012. 

Correction 

The original publication contained an 

incorrect regulatory identification 

number (RIN). This document contains 

the correct RIN 2120–AK16. 

Reason for Delay of Effective Date 

A direct final rule is based on the 

Administrative Procedure Act’s good 

cause exception to prior notice and 

comment procedures, 5 U.S.C. 553. This 

exception is used where we have found 

that prior public comment procedure 

may be unnecessary because adverse 

comments are not expected. In 

determining whether an adverse 

comment is significant enough to end a 

rulemaking, we consider whether the 

comment would warrant a substantive 

response in a notice of proposed 

rulemaking (NPRM). 

The effective date of a direct final rule 

is normally a minimum of 30 calendar 

days after the end of the comment 

period. This rule published with an 

effective date of 15 calendar days after 

the end of the comment period to 

accommodate NASA’s deadline in 

funding licensed launches. However, we 

received 4 substantive comments that 

require further analysis and 

determination. The FAA needs 

additional time to address the 

comments received and decide on the 

appropriate action. 

Conclusion 

Accordingly, the effective date for 

Notice No. 400–4 is delayed until 

November 8, 2012. 

Issued in Washington, DC, October 4, 2012. 

Lirio Liu, 

Director, Office of Rulemaking. 

[FR Doc. 2012–25021 Filed 10–9–12; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1101 

Information Disclosure Under Section 

6(b) of the Consumer Product Safety 

Act 

CFR Correction 

■ In Title 16 of the Code of Federal 

Regulations, Part 1000 to End, revised as 

of January 1, 2012, on page 147, in 

§ 1101.25 (a) and (b), the words ‘‘5 

working’’ are corrected to read ‘‘5’’. 

[FR Doc. 2012–25016 Filed 10–9–12; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0140; FRL–9735–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; The 2002 Base Year 

Emissions Inventory for the 

Washington DC–MD–VA 

Nonattainment Area for the 1997 Fine 

Particulate Matter National Ambient Air 

Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the fine 

particulate matter (PM2.5) 2002 base year 

emissions inventory portion of the 

Maryland State Implementation Plan 

(SIP) revision submitted by the State of 

Maryland, through the Maryland 

Department of the Environment (MDE), 

on April 3, 2008. The emissions 

inventory is part of the April 3, 2008 SIP 

revision that was submitted to meet 

nonattainment requirements related to 

Maryland’s portion of the Washington 

DC–MD–VA nonattainment area 

(hereafter referred to as Maryland Area 

or Area) for the 1997 PM2.5 National 

Ambient Air Quality Standard (NAAQS) 

SIP. EPA is approving the 2002 base 

year PM2.5 emissions inventory in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

November 9, 2012. 


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