Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Proposed Rules 6525 

Issued in Renton, Washington on January 

27, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–2911 Filed 2–7–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1089; Directorate 

Identifier 2011–NM–110–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc., Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for certain Bombardier, Inc. Model BD– 

100–1A10 (Challenger 300) airplanes. 

That NPRM proposed an inspection to 

determine if a certain oxygen cylinder 

and regulator assembly (CRA) is 

installed and the replacement of 

affected oxygen CRAs. That NPRM was 

prompted by reports of deformation 

found at the neck of the pressure 

regulator body on the oxygen CRA. This 

action revises that NPRM by revising the 

compliance times. We are proposing 

this supplemental NPRM to prevent 

elongation of the pressure regulator 

neck, which could result in rupture of 

the oxygen cylinder, and in the case of 

cabin depressurization, oxygen not 

being available when required. Since 

these actions impose an additional 

burden over that proposed in the NPRM, 

we are reopening the comment period to 

allow the public the chance to comment 

on these proposed changes. 

DATES: We must receive comments on 

this proposed AD by March 26, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

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

Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Bombardier, 

Inc., 400 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

(514) 855–5000; fax (514) 855–7401; 

email thd.crj@aero.bombardier.com; 

Internet http://www.bombardier.com. 

You may review copies of the 

referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, 

Washington. 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: 

Cesar Gomez, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7318; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2011–1089; Directorate Identifier 

2011–NM–110–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 

We proposed to amend 14 CFR part 

39 with an earlier NPRM for the 

specified products, which was 

published in the Federal Register on 

October 19, 2011 (76 FR 64857). That 

earlier NPRM proposed to require 

actions intended to address the unsafe 

condition for Model BD–100–1A10 

(Challenger 300) airplanes. 

Since that NPRM (76 FR 64857, 

October 19, 2011) was issued, we have 

determined that a revision to the 

compliance time is needed. We are 

changing the compliance time in 

paragraph (g) of this supplemental 

NPRM to ‘‘within 750 flight hours, or 6 

months after the effective date of this 

AD, whichever occurs first.’’ We have 

determined that this compliance time is 

adequate to address the unsafe 

condition. 

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 

received no comments on the NPRM (76 

FR 64857, October 19, 2011), or on the 

determination of the cost to the public. 

Additional Change 

We have made minor editorial 

changes to this supplemental NPRM. 

We have determined that these minor 

editorial changes: 

• Are consistent with the intent that 

was proposed in the NPRM (76 FR 

64857, October 19, 2011) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (76 FR 64857, 

October 19, 2011). 

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. 

Certain changes described above 

expand the scope of the earlier NPRM 

(76 FR 64857, October 19, 2011). As a 

result, we have determined that it is 

necessary to reopen the comment period 

to provide additional opportunity for 


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6526 Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Proposed Rules 

the public to comment on this proposed 

AD. 

Differences Between This AD and the 

MCAI or Service Information 

This AD differs from the MCAI and/ 

or service information as follows: 

The MCAI applicability specifies only 

airplanes having certain serial numbers 

and prohibits installation of the affected 

part on those airplanes. Because the 

affected part could be rotated onto any 

of the Model BD–100–1A10 (Challenger 

300) airplanes, this AD applies to serial 

numbers 20003 and subsequent. This 

difference has been coordinated with 

Transport Canada Civil Aviation 

(TCCA). 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 79 products of U.S. registry. 

We also estimate that it would take 

about 3 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would 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 the proposed AD on U.S. 

operators to be $20,145, or $255 per 

product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

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

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Bombardier, Inc.: Docket No. FAA–2011– 

1089; Directorate Identifier 2011–NM– 

110–AD. 

(a) Comments Due Date 

We must receive comments by March 26, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc. Model 

BD–100–1A10 (Challenger 300) airplanes, 

certificated in any category, serial numbers 

20003 and subsequent. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 35: Oxygen. 

(e) Reason 

This AD was prompted by reports of 

deformation found at the neck of the pressure 

regulator body on the oxygen cylinder and 

regulator assembly (CRA). We are issuing this 

AD to prevent elongation of the pressure 

regulator neck, which could result in rupture 

of the oxygen cylinder, and in the case of 

cabin depressurization, oxygen not being 

available when required. 

(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) Actions 

For airplanes having serial numbers 20003 

through 20291 inclusive: Within 750 flight 

hours, or within 6 months after the effective 

date of this AD, whichever occurs first, 

inspect oxygen pressure regulators having 

P/N 806370–06 or 806370–14, to determine 

the serial number, in accordance with 

paragraph 2.B.(2) of the Accomplishment 

Instructions of Bombardier Service Bulletin 

100–35–05, Revision 02, dated January 31, 

2011. 

(1) If the serial number of the oxygen 

pressure regulator is listed in Table 2 of the 

Accomplishment Instructions of Bombardier 

Service Bulletin 100–35–05, Revision 02, 

dated January 31, 2011, replace the affected 

oxygen CRA, in accordance with paragraph 

2.C. of the Accomplishment Instructions of 

Bombardier Service Bulletin 100–35–05, 

Revision 02, dated January 31, 2011. 

(2) If the serial number of the oxygen 

pressure regulator is not listed in Table 2 of 

the Accomplishment Instructions of 

Bombardier Service Bulletin 100–35–05, 

Revision 02, dated January 31, 2011, no 

further action is required by this paragraph. 

(h) Parts Installation 

For all airplanes: As of the effective date 

of this AD, no person may install an oxygen 

pressure regulator (P/N 806370–06 or 

806370–14) having any serial number listed 

in Table 2 of Bombardier Service Bulletin 

100–35–05, Revision 02, dated January 31, 

2011, on any airplane, unless a suffix ‘‘–A’’ 

is beside the serial number. 

(i) 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. 


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Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Proposed Rules 6527 

1The Secretary of the Treasury has delegated this 

authority to the Secretary of Homeland Security 

pursuant to Treasury Department Order 100–16. 

(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 Canadian Airworthiness 

Directive CF–2011–09, dated May 13, 2011; 

and Bombardier Service Bulletin 100–35–05, 

Revision 02, dated January 31, 2011; for 

related information. 

Issued in Renton, Washington, on January 

26, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–2912 Filed 2–7–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Part 162 

[Docket No. USCBP–2011–0022] 

RIN 1651–AA94 

Internet Publication of Administrative 

Seizure and Forfeiture Notices 

AGENCIES: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This rule proposes to amend 

the U.S. Customs and Border Protection 

(CBP) regulations to allow for 

publication of notices of seizure and 

intent to forfeit on an official 

Government forfeiture Web site. CBP 

anticipates that the changes proposed in 

this rule would reduce administrative 

costs and improve the effectiveness of 

CBP’s notice procedures as Internet 

publication would reach a broader range 

of the public and provide access to more 

parties who may have an interest in the 

seized property. 

DATES: Written comments must be 

received on or before April 9, 2012. 

ADDRESSES: You may submit comments, 

identified by Docket Number USCBP– 

2011–0022, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP–2011–0022. 

• Mail: Trade and Commercial 

Regulations Branch, Regulations and 

Rulings, Office of International Trade, 

U.S. Customs and Border Protection, 

799 9th Street NW. (Mint Annex), 

Washington, DC 20229–1179. 

Instructions: All submissions received 

must include the agency name and 

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, U.S. Customs and 

Border Protection, 799 9th Street NW., 

5th Floor, Washington, DC. 

Arrangements to inspect submitted 

comments should be made in advance 

by calling Mr. Joseph Clark at (202) 325– 

0118. 

FOR FURTHER INFORMATION CONTACT: 

Dennis McKenzie, Director, Fines, 

Penalties and Forfeitures Division, 

Office of Field Operations, U.S. Customs 

and Border Protection, (202) 344–1808. 

SUPPLEMENTARY INFORMATION: 

Background 

General 

U.S. Customs and Border Protection 

(CBP) has authority to seize property 

violating certain laws enforced or 

administered by CBP or U.S. 

Immigration and Customs Enforcement 

(ICE). Such seized property may be 

forfeited and disposed of in a manner 

specified by applicable provisions of 

law. Generally, these forfeiture statutes 

authorize the government to take 

possession of and legally acquire title to 

the seized property. Under the CBP 

forfeiture procedure, a party may assert 

a claim to the seized property through 

judicial or administrative proceedings. 

Applicable Law and Regulations 

Section 607 of the Tariff Act of 1930, 

as amended, authorizes CBP to 

implement administrative forfeiture 

procedures under prescribed 

circumstances. 19 U.S.C. 1607. The 

statute requires CBP to publish notice of 

seizure and intent to forfeit for at least 

three successive weeks, in such manner 

as the Secretary of the Treasury directs.1

CBP is also required to issue written 

notice of the seizure and forfeiture to 

each party who appears to have an 

interest in the seized property. The 

written notice must contain information 

on the applicable procedures. 

CBP regulations set forth the current 

procedure that CBP must follow when it 

seizes and gives notice of intent to 

forfeit property under administrative 

forfeiture proceedings, as required 

under 19 U.S.C. 1607. 19 CFR 162.45. 

These procedures apply when CBP 

seizes: (1) A prohibited importation; (2) 

a transporting conveyance if used to 

import, export, transport or store a 

controlled substance or listed chemical; 

(3) any monetary instrument within the 

meaning of 31 U.S.C. 5312(a)(3); or (4) 

any conveyance, merchandise, or 

baggage, the value of which does not 

exceed $500,000 (19 CFR 162.45(a)). 

CBP regulations provide two different 

methods to notify the public of seized 

property based on the appraised value 

of the property. First, for seized 

property appraised at more than $5,000, 

CBP must publish administrative 

seizure and forfeiture notices for at least 

three successive weeks in a newspaper 

circulated at the customs port and in the 

judicial district where CBP seized the 

property. 19 CFR 162.45(b)(1). CBP also 

notifies all known parties-in-interest in 

advance of the pending newspaper 

publication and the expected dates of 

publication of the notice. For seized 

property appraised at $5,000 or less, 

CBP accomplishes publication by 

posting a notice in a conspicuous place 

accessible to the public at the 

customhouse nearest the place of 

seizure. 19 CFR 162.45(b)(2). The notice 

shows the date of posting and remains 

posted for at least three successive 

weeks. 

Proposed Amendments 

This notice of proposed rulemaking 

(NPRM) proposes to revise the manner 

by which CBP provides notice of intent 

to forfeit seized property appraised at 

more than $5,000 and seized property 

appraised at $5,000 or less. First, this 

rule proposes that CBP (including the 

U.S. Border Patrol where appropriate) 

would utilize the Department of Justice 

(DOJ) forfeiture Web site, located at 

http://www.forfeiture.gov, to post 

seizure and forfeiture notices for 

property appraised in excess of $5,000 

in value for 30 consecutive days. This 

DOJ Web site currently contains a 

comprehensive list of pending notices of 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1