Federal Register / Vol. 77, No. 143 / Wednesday, July 25, 2012 / Proposed Rules 43545 

in parts 30, 31, 32, 40 and 70 of Title 

10 of the Code of Federal Regulations 

(10 CFR) to make requirements for 

distributors of byproduct material 

clearer, less prescriptive, and more riskinformed and up to date. In that notice, 

the NRC also proposed to redefine 

categories of devices to be used under 

exemptions, add explicit provisions 

regarding the sealed source and device 

registration process, and add flexibility 

to the licensing of users of sealed 

sources and devices. The public 

comment period on the proposed rule 

closed on September 7, 2010. The NRC 

received 10 comments on the proposed 

rule. 

The NRC considered these comments 

in developing a final rule [RIN 3150– 

AH91; Docket ID NRC–2008–0338], 

which is being published in the Rules 

and Regulations Section of this issue of 

the Federal Register. The final rule will 

affect manufacturers and distributors of 

certain products and materials 

containing source material and certain 

persons using source material under 

general license and under exemptions 

from licensing. 

In conjunction with the final rule, the 

NRC has developed interim guidance. 

The interim guidance document 

provides guidance to a licensee or 

applicant for implementation of 10 CFR 

parts 30, 31, 32, 40 and 70, 

‘‘Requirements for Distribution of 

Byproduct Material.’’ It is intended for 

use by applicants, licensees, Agreement 

States, and the NRC staff. The interim 

guidance describes methods acceptable 

to the NRC staff for implementing the 

revised regulations. The approaches and 

methods described in the guidance 

document are provided for information 

and use in implementing the revised 

regulations. Methods and solutions 

different from those described in the 

interim guidance are acceptable if they 

meet the requirements in 10 CFR parts 

30, 31, 32, 40, and 70. 

At this time, the NRC is announcing 

the availability for use of ‘‘Interim 

Guidance for Implementation of the 

Final Rule, Requirements for 

Distribution of Byproduct Material in 10 

CFR Parts 30, 31, 32, 40, and 70.’’ The 

document provides guidance on 

implementing the revised provisions of 

10 CFR parts 30, 31, 32, 40, and 70. The 

NRC is also requesting public comment 

on this interim guidance. Guidance on 

the revised regulations will be included 

in the next revision of the relevant 

volumes in NUREG–1556, 

‘‘Consolidated Guidance about Materials 

Licenses.’’ Comments received on this 

interim guidance will be considered in 

the updating of those volumes of 

NUREG–1556. 

Dated at Rockville, Maryland, this 25th day 

of June 2012. 

For the Nuclear Regulatory Commission. 

Mark A. Satorius, 

Director, Office of Federal and State Materials 

and Environmental Management Programs. 

[FR Doc. 2012–17710 Filed 7–19–12; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0724; Directorate 

Identifier 2012–NM–043–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. 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 certain Bombardier, Inc. 

Model DHC–8–400 series airplanes. The 

existing AD currently requires a 

modification to trim the edge of the 

bumper plate, including performing an 

inspection for damage or cracks of the 

bumper plate and base fitting, and 

replacing any damaged or cracked part. 

That AD also currently requires, for 

certain airplanes, reidentifying the 

bumper plate. Since we issued that AD, 

we have determined that an operational 

check must be done after reidentifying 

the bumper plate to ensure the 

identified unsafe condition is 

addressed. This proposed AD would 

require, for airplanes on which the 

reidentification is done, an operational 

check of the alternate extension system 

of the main landing gear (MLG), and 

repair if necessary. We are proposing 

this AD to detect and correct failure of 

the MLG to extend and lock, which 

could adversely affect the safe landing 

of the airplane. 

DATES: We must receive comments on 

this proposed AD by September 10, 

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., 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. 

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 (ACO), 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–2012–0724; Directorate Identifier 

2012–NM–043–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 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
43546 Federal Register / Vol. 77, No. 143 / Wednesday, July 25, 2012 / Proposed Rules 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On July 29, 2011, we issued AD 2011– 

17–04, Amendment 39–16768 (76 FR 

50403, August 15, 2011). That AD 

required actions intended to address an 

unsafe condition on certain Bombardier, 

Inc. Model DHC–8–400, –401, and –402 

airplanes. 

Since we issued AD 2011–17–04, 

Amendment 39–16768 (76 FR 50403, 

August 15, 2011), we have determined 

that an operational check must be done 

after reidentifying the bumper plate to 

ensure the identified unsafe condition is 

addressed. This action is also included 

in Canadian Airworthiness Directive 

CF–2010–23, dated July 21, 2010 

(referred to after this as ‘‘the MCAI’’). 

The MCAI states: 

One in-service incident has been reported 

on [a] DHC–8 Series 400 aeroplane in which 

the right hand main landing gear (MLG) 

failed to extend using the alternate gear 

extension system. Investigation determined 

that the tread on the outboard tire was 

catching on the bumper plate located on the 

outboard MLG door that prevented the MLG 

door to open following an extension attempt 

via the alternate extension system. Failure of 

[the] MLG to extend and lock could adversely 

affect the safe landing of the aeroplane. 

To prevent the potential jam condition 

between the bumper plate and the MLG tires, 

Bombardier Aerospace has developed a 

modification to trim the edge of the bumper 

plate to eliminate the possibility of 

interference [Bombardier Modsum 4– 

113645]. 

The Modsum includes performing a 

detailed visual inspection for damage or 

cracks of the bumper plate and base 

fitting and replacing any damaged or 

cracked part with a new part, if 

necessary. You may obtain further 

information by examining the MCAI in 

the AD docket. 

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 

Based on the service information, we 

estimate that this proposed AD would 

affect about 65 products of U.S. registry. 

The actions that are required by AD 

2011–17–04, Amendment 39–16768 (76 

FR 50403, August 15, 2011), and 

retained in this proposed AD take about 

8 work-hours per product, at an average 

labor rate of $85 per work hour. 

Required parts would cost about $479 

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 costs. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. Based on 

these figures, the cost of the currently 

required actions is $1,159 per product. 

We estimate that it would take about 

1 work-hour per product to comply with 

the new basic requirements of this 

proposed AD. The average labor rate is 

$85 per work-hour. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$5,525, or $85 per product. 

We have received no definitive data 

that would enable us to provide a cost 

estimate for the on-condition actions 

specified in this proposed AD. 

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) 

2011–17–04, Amendment 39–16768 (76 

FR 50403, August 15, 2011), and adding 

the following new AD: 

Bombardier, Inc.: Docket No. FAA–2012– 

0724; Directorate Identifier 2012–NM– 

043–AD. 

(a) Comments Due Date 

We must receive comments by September 

10, 2012. 

(b) Affected ADs 

This AD supersedes AD 2011–17–04, 

Amendment 39–16768 (76 FR 50403, August 

15, 2011). 

(c) Applicability 

This AD applies to Bombardier, Inc. Model 

DHC–8–400, -401, and -402 airplanes, 

certificated in any category, having serial 

numbers 4001 through 4247 inclusive. 

(d) Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing Gear. 

(e) Reason 

This AD was prompted by one in-service 

incident reported on a DHC–8–400 airplane 

in which the right hand main landing gear 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 143 / Wednesday, July 25, 2012 / Proposed Rules 43547 

(MLG) failed to extend using the alternate 

gear extension system. We are issuing this 

AD to detect and correct failure of the MLG 

to extend and lock, which could adversely 

affect the safe landing of the airplane. 

(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 for All Airplanes 

Within 2,000 flight hours after September 

19, 2011 (the effective date of AD 2011–17– 

04, Amendment 39–16768 (76 FR 50403, 

August 15, 2011): Incorporate Bombardier 

Modsum 4–113645, including performing a 

detailed visual inspection for damage or 

cracks of the bumper plate and base fitting 

and replacing any damaged or cracked part, 

in accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–32–74, Revision A, dated May 17, 2010. 

Do all applicable replacements before further 

flight. 

Note 1 to paragraphs (g) and (h) of this 

AD: Bombardier Service Bulletin 84–32–74, 

Revision A, dated May 17, 2010, includes an 

operational check of the alternate extension 

system of the MLG. If the operational check 

fails, guidance on doing corrective actions 

can be found in the Bombardier Q400 Dash 

8 Aircraft Maintenance Manual. 

(h) Retained Actions for Airplanes Having 

Certain Bumper Plates 

For airplanes on which a bumper plate 

having part number 85424082–101 or 

85424082–103 is installed on which the 

rework specified in Bombardier Repair 

Drawing 8/4–54–553 has been done: Within 

1,000 flight hours after September 19, 2011 

(the effective date of AD 2011–17–04, 

Amendment 39–16768 (76 FR 50403, August 

15, 2011), reidentify the bumper plate, in 

accordance with paragraph 3.B., step (8) of 

the Accomplishment Instructions of 

Bombardier Service Bulletin 84–32–74, 

Revision A, dated May 17, 2010. 

(i) Retained Credit for Previous Actions 

This paragraph provides credit for the 

modification required by paragraph (h) of 

this AD by incorporation of Bombardier 

Modsum 4–113645 before September 19, 

2011 (the effective date of AD 2011–17–04, 

Amendment 39–16768 (76 FR 50403, August 

15, 2011), if the modification was performed 

using Bombardier Service Bulletin 84–32–74, 

dated December 23, 2009; and provided the 

modification is done within the compliance 

time specified in paragraph (h) of this AD. 

(j) New Requirements of This AD: 

Operational Check for Airplanes on Which 

the Action Required by Paragraph (h) Is 

Done 

Concurrently with doing the actions 

required by paragraph (h) of this AD, or 

within 30 days after the effective date of this 

AD, whichever occurs later: Perform an 

operational check of the alternate extension 

system of the MLG, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 84–32–74, Revision A, dated 

May 17, 2010. If the operational check fails, 

before further flight, repair in accordance 

with a method approved by either the 

Manager, New York Aircraft Certification 

Office (ACO), FAA; or the Transport Canada 

Civil Aviation (TCCA) (or its delegated 

agent). 

Note 2 to paragraph (j) of this AD: If the 

operational check fails, guidance on doing 

the repair can be found in the Bombardier 

Q400 Dash 8 Aircraft Maintenance Manual. 

(k) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraph (g) of this AD, if those 

actions were performed before the effective 

date of this AD, provided the operational 

check specified in paragraph (j) of this AD is 

done within the compliance time specified in 

paragraph (g) of this AD, or within 30 days 

after the effective date of this AD, whichever 

occurs later, using Bombardier Service 

Bulletin 84–32–74, dated December 23, 2009. 

(l) 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 New York 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. 

(m) Related Information 

(1) Refer to MCAI Canadian Airworthiness 

Directive CF–2010–23, dated July 21, 2010; 

and Bombardier Service Bulletin 84–32–74, 

Revision A, dated May 17, 2010; for related 

information. 

(2) For service information identified in 

this proposed 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, 

WA. For information on the availability of 

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

Issued in Renton, Washington, on July 17, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–18145 Filed 7–24–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0723; Directorate 

Identifier 2011–NM–137–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 737–600, 

–700, –700C, –800, and –900 series 

airplanes. This proposed AD was 

prompted by a report of cracks found in 

the skin at body station (STA) 540 just 

below stringer S–22L on a Model 737– 

700 series airplane. This proposed AD 

would require repetitive detailed and 

high frequency eddy current inspections 

for cracking of the skin around the eight 

fasteners common to the ends of the 

STA 540 bulkhead chords between 

stringers S–22 and S–23, left and right 

sides; and corrective actions and 

preventive modification if necessary. 

We are proposing this AD to detect and 

correct fatigue cracking in the skin, 

which can result in rapid 

decompression of the cabin. 

DATES: We must receive comments on 

this proposed AD by September 10, 

2012. 

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: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS