Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Rules and Regulations 67269 

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: 

2012–22–10 Bombardier, Inc.: Amendment 

39–17246. Docket No. FAA–2012–0679; 

Directorate Identifier 2012–NM–063–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective December 14, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc. Model 

CL–600–2C10 (Regional Jet Series 700, 701, 

& 702) airplanes, serial numbers 10002 

through 10999 inclusive; Model CL–600– 

2D15 (Regional Jet Series 705) and CL–600– 

2D24 (Regional Jet Series 900) airplanes, 

serial numbers 15001 through 15990 

inclusive; and Model CL–600–2E25 (Regional 

Jet Series 1000) airplanes, serial numbers 

19001 through 19990 inclusive; certificated 

in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Reason 

This AD was prompted by a report that 

certain wing-to-fuselage attachment nuts do 

not conform to the certification design 

requirements for dual locking features. We 

are issuing this AD to prevent loss of wingto-fuselage attachment joints, which could 

result in the loss of the wing. 

(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 Detailed Inspection 

Within 3,000 flight hours or 18 months 

after the effective date of this AD, whichever 

occurs first: Perform a detailed inspection of 

each affected wing-to-fuselage attachment 

joint, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 670BA–53–042, Revision A, 

dated April 27, 2012. Repeat the inspection 

thereafter at intervals not to exceed 6,600 

flight hours. 

Note 1 to paragraph (g) of this AD: The 

compliance time in this AD differs from the 

recommended compliance time specified in 

Bombardier Service Bulletin 670BA–53–042, 

Revision A, dated April 27, 2012. 

(h) Corrective Action 

If any cotter pin is found missing during 

any inspection required by paragraph (g) of 

this AD: Before further flight, replace any 

missing cotter pin using a method approved 

by either the Manager, New York Aircraft 

Certification Office (ACO), ANE–170, FAA; 

or Transport Canada Civil Aviation (or its 

delegated agent). 

(i) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using Bombardier 

Service Bulletin 670BA–53–042, dated 

December 21, 2011, which is not 

incorporated by reference in this AD. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York 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 manager of the ACO, send it to ATTN: 

Program Manager, Continuing Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7300; fax (516) 

794–5531. Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(k) Related Information 

(1) Refer to MCAI Canadian Airworthiness 

Directive CF–2012–10, dated March 12, 2012; 

and Bombardier Service Bulletin 670BA–53– 

042, Revision A, dated April 27, 2012; for 

related information. 

(2) For Bombardier 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. 

(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 670BA–53– 

042, Revision A, dated April 27, 2012. 

(ii) Reserved. 

(3) 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. 

(4) You may review copies of the 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. 

(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 October 

24, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–26961 Filed 11–8–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 400 

[Docket No. FAA–2012–0318; Amdt. No. 

400–4] 

RIN 2120–AK16 

Voluntary Licensing of Amateur 

Rocket Operations; Withdrawal 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct Final rule, withdrawal. 

SUMMARY: The FAA is withdrawing a 

previously published direct final rule 

that would have allowed launch 

operators that conduct certain amateur 

rocket launches to voluntarily apply for 

a commercial space transportation 

license or experimental permit. The 

FAA is withdrawing this action because 

of the adverse comments it received. 

DATES: The direct final rule published 

on August 22, 2012, at 77 FR 50584 is 

withdrawn, effective November 8, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Shirley McBride, Senior 

Transportation Industry Analyst, Office 

of Commercial Space Transportation, 

Regulations and Analysis Division, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–7470; facsimile (202) 267–5463; 


wreier-aviles on DSK5TPTVN1PROD with 
67270 Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Rules and Regulations 

email Shirley.McBride@faa.gov. For 

legal questions concerning this action, 

contact Laura Montgomery, Senior 

Attorney for Commercial Space 

Transportation, Office of the Chief 

Counsel, Regulations Division, 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 a direct final rule that would 

have amended the scope of its chapter 

III regulations to give operators of Class 

3 advanced high-power rockets the 

option of applying for a chapter III 

launch license or permit, or continuing 

to operate under 14 CFR chapter I, part 

101. The direct final rule would have 

been strictly voluntary. Only those 

operators that wished to apply under 

chapter III for a license needed to do so. 

However, once an operator accepted an 

FAA license or permit, part 101 would 

no longer have applied, and the operator 

would have been governed by the 

provisions of chapter III for those 

rockets. 

The Commercial Space Launch Act 

provides that the United States should 

encourage private sector launches, 

reentries, and associated services. The 

FAA initiated the direct final rule 

primarily to support those launch 

operators that, under contract with 

NASA, were required by NASA to 

obtain an FAA launch license. Because 

the rule was strictly voluntary, the FAA 

believed there was good cause to issue 

it as a direct final rule. 

Reason for Withdrawal 

The FAA is withdrawing the direct 

final rule because the agency received 

several adverse comments. In brief, the 

commenters raised issues concerning 

the potential cost to small businesses 

and the government, both in terms of 

the resources necessary for preparing 

and evaluating applications and in 

terms of the conditional payment of 

excess claims commonly referred to as 

‘‘indemnification.’’ Others expressed 

doubts about whether amateur rockets 

could ever meet chapter III 

requirements, whether applying those 

requirements to smaller vehicles made 

sense or was necessary, and whether 

safety issues were created. 

Conclusion 

Withdrawal of Amendment No. 400– 

4 does not preclude the FAA from a 

rulemaking on the subject in the future 

or committing the agency to any future 

course of action. 

The FAA withdraws Amendment No. 

400–4 published at 77 FR 50584 on 

August 22, 2012. 

Issued in Washington, DC, on November 6, 

2012. 

Michael P. Huerta, 

Acting Administrator. 

[FR Doc. 2012–27503 Filed 11–7–12; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

[Docket ID–OSHA–2012–0025] 

RIN 1218–AC75 

Revising the Exemption for Digger 

Derricks in the Cranes and Derricks in 

Construction Standard 

AGENCY: Occupational Safety and Health 

Administration (OSHA); Labor. 

ACTION: Direct final rule. 

SUMMARY: OSHA is broadening the 

exemption for digger derricks in its 

standard for cranes and derricks. OSHA 

issued a final standard updating the 

requirements for cranes and derricks on 

August 9, 2010, and the Edison Electric 

Institute (EEI) petitioned for review of 

the standard in the United States Court 

of Appeals. After petitioning, EEI 

provided OSHA with new information 

regarding digger derricks. OSHA 

reviewed the additional information and 

the rulemaking record, and decided to 

broaden the exemption for digger 

derricks used in the electric-utility 

industry by means of this direct final 

rule. 

DATES: This direct final rule will 

become effective on February 7, 2013, 

unless OSHA receives significant 

adverse comment to this direct final rule 

by December 10, 2012. All submissions, 

whether transmitted, mailed, or 

delivered, must bear a postmark or 

provide other evidence of the 

submission date. 

ADDRESSES: Submit comments 

(including comments to the 

information-collection (paperwork) 

determination described under the 

section titled AGENCY 

DETERMINATIONS), hearing requests, 

and other information and materials, 

identified by Docket No. OSHA–2012– 

0025, by any of the following methods: 

Electronically: Submit comments and 

attachments electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

Facsimile: OSHA allows facsimile 

transmission of comments that are 10 

pages or fewer in length (including 

attachments). Fax these documents to 

the OSHA Docket Office at (202) 693– 

1648; OSHA does not require hard 

copies of these documents. Instead of 

transmitting facsimile copies of 

attachments that supplement these 

documents (e.g., studies, journal 

articles), commenters must submit these 

attachments to the OSHA Docket Office, 

Technical Data Center, Room N–2625, 

OSHA, U.S. Department of Labor, 200 

Constitution Ave., NW., Washington, 

DC 20210. These attachments must 

clearly identify the sender’s name, the 

date, and the docket number (OSHA– 

2012–0025), so that the Docket Office 

can attach them to the appropriate 

document. 

Regular or express mail, hand 

delivery, or messenger (courier) service: 

Submit comments and any additional 

information or material to the OSHA 

Docket Office, Docket No. OSHA–2012– 

0025 or RIN No. 1218–AC75, Technical 

Data Center, Room N–2625, OSHA, U.S. 

Department of Labor, 200 Constitution 

Ave., NW., Washington, DC 20210; 

telephone: (202) 693–2350. (OSHA’s 

TTY number is (877) 889–5627.) Contact 

the OSHA Docket Office for information 

about security procedures concerning 

delivery of materials by express mail, 

hand delivery, and messenger service. 

The Docket Office will accept deliveries 

(express mail, hand delivery, and 

messenger service) during the Docket 

Office’s normal business hours, 8:15 

a.m. to 4:45 p.m. ET. 

Docket: To read or download 

comments or other information or 

material in the docket, go to http:// 

www.regulations.gov or to the OSHA 

Docket Office at the address above. 

Documents in the docket are listed in 

the http://www.regulations.gov index; 

however, some information (e.g., 

copyrighted material) is not available 

publicly to read or download through 

this Web site. All submissions, 

including copyrighted material, are 

available for inspection at the OSHA 

Docket Office. Contact the OSHA Docket 

Office for assistance in locating docket 

submissions. 

FOR FURTHER INFORMATION CONTACT: 

General information and press inquiries: 

Mr. Frank Meilinger, Director, OSHA 

Office of Communications, Room N– 

3647, U.S. Department of Labor, 200 

Constitution Avenue NW., Washington, 


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