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Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Rules and RegulationsBranch, ANE–171, FAA, New YorkAircraft Certification Office, 1600Stewart Avenue, Suite 410, Westbury,New York 11590; telephone 516–228–7318; fax 516–794–5531.SUPPLEMENTARY INFORMATION:DiscussionWe issued a notice of proposedrulemaking (NPRM) to amend 14 CFRpart 39 to include an AD that wouldapply to the specified products. ThatNPRM was published in the FederalRegister on July 19, 2012 (77 FR 42457).That NPRM proposed to correct anunsafe condition for the specifiedproducts. The Mandatory ContinuingAirworthiness Information (MCAI)states:It was found that the cargo compartmentliners installed on CL–600–2B19 configuredwith Class C cargo compartment do not allmeet the flammability requirements. Noncompliant cargo compartment liners may notprovide adequate fire protection and couldlead to an uncontrolled baggage bay fire.This [Canadian] AD mandates thereplacement of existing cargo compartmentliners with compliant cargo compartmentliners.Aeroplanes modified with [TransportCanada Civil Aviation] Supplemental TypeCertificate (STC) Number SA01–19 Issue No.1 [corresponding FAA STC ST01292NY,amended July 7, 2003 http://www.airweb.faa.gov/Regulatoryand Guidance 51?OpenDocument&Highlight st01292ny] CargoLiner Replacement Panels are also affected bythis [Canadian] AD.You may obtain further information byexamining the MCAI in the AD docket.emcdonald on DSK67QTVN1PROD with RULESCommentsWe gave the public the opportunity toparticipate in developing this AD. Weconsidered the comments received.Request To Change ApplicabilityAir Wisconsin (AWI) requested thatwe change the applicability to eitherspecify airplane serial numbers (S/Ns)7003 though 7067 inclusive, and S/Ns7069 through 7857 inclusive, includingairplanes modified by STC ST01292NY,amended July 7, 2003 (http://www.airweb.faa.gov/Regulatoryand Guidance 51?OpenDocument&Highlight st01292ny); or specify theairplanes listed in Bombardier ServiceBulletin 601R–25–187, Revision A,dated September 1, 2011; BombardierService Bulletin 601R–25–198, datedSeptember 1, 2011; and BombardierService Bulletin 601R–25–199, datedSeptember 1, 2011. AWI stated that theNPRM (77 FR 42457, July 19, 2012)VerDate Mar 15 201014:47 Mar 12, 2013Jkt 229001specifies the applicability as airplane S/Ns 7003 and subsequent, yet each ofthese Bombardier service bulletinsdescribes the effectivity as airplane S/Ns7003 thru 7067 inclusive and S/Ns 7069thru 7857 inclusive, and states that theservice bulletin was ‘‘validated’’ onairplane S/N 7362.We do not agree with the commenter’srequest to change the applicability. Theintent of this AD is to ensure that anyModel CL–600–2B19 airplaneconfigured with a Class C cargocompartment be equipped withcompliant cargo compartment liners.The Bombardier service informationreferenced in paragraphs (g)(1) through(g)(3) of this AD has listed airplaneswith known Class C cargocompartments. In order to ensure thatany subsequently converted airplaneswill be equally equipped withcompliant Class C cargo compartmentliners, this AD must apply to any ModelCL–600–2B19 airplane configured witha Class C cargo compartment. We havenot changed the AD in this regard.Requests To Extend Compliance TimeAWI and Pinnacle Airlines (FLG)requested that we extend thecompliance time from 28 months to 36months after the effective date of theAD. Both commenters stated that theservice information recommends acompliance time of 36 months.Additionally, both commenters statedthat the manufacturer has yet to supplythe necessary parts kits. FLG noted that,without the parts kits, it could be put ina position of parking its airplanes. AWIstated that, without kits available,airplanes that are currently having theirheavy check visits completed arewithout the benefit of the cargocompartment liner modification beingaccomplished.We do not agree with the commenters’requests to extend the compliance time.In developing an appropriatecompliance time for this action, weconsidered the safety implications, partsavailability, and normal maintenanceschedules for the timelyaccomplishment of the modification.Bombardier has confirmed with theFAA and Transport Canada CivilAviation (TCCA) that parts are availableto the operators, and the availabilitywill be such that the operators will beable to incorporate the modificationwithin the compliance time. However,under the provisions of paragraph (k) ofthis AD, we will consider requests forapproval of an extension of thecompliance time if sufficient data aresubmitted to substantiate that the newcompliance time would provide anPO 00000Frm 00003Fmt 4700Sfmt 470015871acceptable level of safety. We have notchanged the AD in this regard.Request To Change Date of PartsInstallation Prohibition or RemoveProhibitionAWI requested that we either removethe paragraph or change the date of theprohibition of the installation of the oldstyle liners (paragraph (i) of the NPRM(77 FR 42457, July 19, 2012)) from theeffective date of the AD to 28 monthsafter the effective date of the AD. AWIstated that in order to maintain a premodification airplane until themodification required by paragraph (g)of the NPRM is performed, the operatorneeds to have the flexibility to installthe old style liners when replacing anythat might become damaged.We agree to change the date of theprohibition of the installation of the oldstyle liners for certain airplanes. Wehave changed paragraph (j)(1) of this AD(referred to as paragraph (i) of the NPRM(77 FR 42457, July 19, 2012)) to statethat the installation of the old styleliners for airplane S/Ns 7003 through7857 inclusive is prohibited aftercompletion of the cargo compartmentliner modification required byparagraph (g) of this AD, which isrequired within 28 months after theeffective date of this AD.We have also added new paragraph(j)(2) to this AD, which states that theinstallation of the old style liners forairplane S/Ns 7858 and subsequent isprohibited as of the effective date of thisAD. Airplane S/Ns 7858 and subsequentare/were not delivered with a class Ccargo compartment. Paragraph (j)(2) ofthis AD prevents these airplanes fromhaving the identified unsafe cargo linersinstalled if they are converted to classC cargo compartments.Request To Use Certain STC PartsAWI requested that we change theNPRM (77 FR 42457, July 19, 2012) toallow the installation of inserts, whichare necessary for the installation of therear wall liners in the floor panelsspecified in STC ST00560NY, amendedJune 29, 2001 (http://rgl.faa.gov/Regulatory and Guidance D0?OpenDocument&Highlight st00560ny). AWI stated thatBombardier Service Bulletin 601R–25–187, Revision A, dated September 1,2011, does not mention theseaftermarket panels and recognizes onlythe original equipment manufacturerfloor panels.We agree with the commenter’srequest. We have added new paragraph(h) to this AD, which states that ComtekAdvanced Structures floor panelsE:\FR\FM\13MRR1.SGM13MRR1

15872Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Rules and Regulationsapproved under STC ST00560NY,amended June 29, 2001 (http://rgl.faa.gov/Regulatoryand Guidance D0?OpenDocument&Highlight st00560ny), are consideredequivalent to the original equipmentfloor panels described in BombardierService Bulletin 601R–25–187, RevisionA, dated September 1, 2011, and may beused in lieu of the floor panelsdescribed in Bombardier ServiceBulletin 601R–25–187, Revision A,dated September 1, 2011. We have reidentified subsequent paragraphsaccordingly.emcdonald on DSK67QTVN1PROD with RULESRequest To Approve Past or FutureRepairsAWI requested that we makeaccommodation in the NPRM (77 FR42457, July 19, 2012) for previouslyapproved or future approved repairs/repair schemes without the need foralternative methods of compliance(AMOC) to do those repairs. AWI statedthat the cargo compartment liners takequite a bit of abuse during loading/unloading operations and are frequentlyin need of repair to maintainserviceability. AWI pointed out thatthere are existing approved repairs forthe liners in the airplane maintenancemanual and/or service repair manual.We disagree with the commenter’srequest. This AD requires theinstallation of compliant cargocompartment liners. Afteraccomplishing the actions required bythis AD, maintenance and/or preventivemaintenance under 14 CFR part 45 ispermitted provided the maintenancedoes not result in changing the ADmandated configuration (reference 14CFR 39.7). We have not changed the ADin this regard.ConclusionWe reviewed the available data,including the comments received, anddetermined that air safety and thepublic interest require adopting the ADwith the changes described previously–and minor editorial changes. We havedetermined that these changes: Are consistent with the intent thatwas proposed in the NPRM (77 FR42457, July 19, 2012) for correcting theunsafe condition; and Do not add any additional burdenupon the public than was alreadyproposed in the NPRM (77 FR 42457,July 19, 2012).Costs of ComplianceWe estimate that this AD will affect574 products of U.S. registry. We alsoestimate that it will take about 87 work-VerDate Mar 15 201014:47 Mar 12, 2013Jkt 229001Examining the AD Dockethours per product to comply with thebasic requirements of this AD. Theaverage labor rate is 85 per work-hour.Required parts will cost about 43,559per product. Where the serviceinformation lists required parts coststhat are covered under warranty, wehave assumed that there will be nocharge for these parts. As we do notcontrol warranty coverage for affectedparties, some parties may incur costshigher than estimated here. Based onthese figures, we estimate the cost ofthis AD to the U.S. operators to be 29,247,596, or 50,954 per product.You may examine the AD docket onthe Internet at http://www.regulations.gov; or in person at theDocket Operations office between 9 a.m.and 5 p.m., Monday through Friday,except Federal holidays. The AD docketcontains the NPRM (77 FR 42457, July19, 2012), the regulatory evaluation, anycomments received, and otherinformation. The street address for theDocket Operations office (telephone(800) 647–5527) is in the ADDRESSESsection. Comments will be available inthe AD docket shortly after receipt.Authority for This RulemakingList of Subjects in 14 CFR Part 39Title 49 of the United States Codespecifies the FAA’s authority to issuerules on aviation safety. Subtitle I,section 106, describes the authority ofthe FAA Administrator. ‘‘Subtitle VII:Aviation Programs,’’ describes in moredetail the scope of the Agency’sauthority.We are issuing this rulemaking underthe authority described in ‘‘Subtitle VII,Part A, Subpart III, Section 44701:General requirements.’’ Under thatsection, Congress charges the FAA withpromoting safe flight of civil aircraft inair commerce by prescribing regulationsfor practices, methods, and proceduresthe Administrator finds necessary forsafety in air commerce. This regulationis within the scope of that authoritybecause it addresses an unsafe conditionthat is likely to exist or develop onproducts identified in this rulemakingaction.Air transportation, Aircraft, Aviationsafety, Incorporation by reference,Safety.Regulatory FindingsWe determined that this AD will nothave federalism implications underExecutive Order 13132. This AD willnot have a substantial direct effect onthe States, on the relationship betweenthe national government and the States,or on the distribution of power andresponsibilities among the variouslevels of government.For the reasons discussed above, Icertify that this AD:1. Is not a ‘‘significant regulatoryaction’’ under Executive Order 12866;2. Is not a ‘‘significant rule’’ under theDOT Regulatory Policies and Procedures(44 FR 11034, February 26, 1979);3. Will not affect intrastate aviation inAlaska; and4. Will not have a significanteconomic impact, positive or negative,on a substantial number of small entitiesunder the criteria of the RegulatoryFlexibility Act.We prepared a regulatory evaluationof the estimated costs to comply withthis AD and placed it in the AD docket.PO 00000Frm 00004Fmt 4700Sfmt 4700Adoption of the AmendmentAccordingly, under the authoritydelegated to me by the Administrator,the FAA amends 14 CFR part 39 asfollows:PART 39—AIRWORTHINESSDIRECTIVES1. The authority citation for part 39continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701.§ 39.13[Amended]2. The FAA amends § 39.13 by addingthe following new AD: 2013–03–22 Bombardier, Inc.: Amendment39–17356. Docket No. FAA–2012–0721;Directorate Identifier 2012–NM–076–AD.(a) Effective DateThis airworthiness directive (AD) becomeseffective April 17, 2013.(b) Affected ADsNone.(c) ApplicabilityThis AD applies to Bombardier, Inc. ModelCL–600–2B19 (Regional Jet Series 100 & 440)airplanes, certificated in any category, serialnumbers (S/Ns) 7003 and subsequent,configured with a Class C cargocompartment, including airplanes modifiedby Supplemental Type Certificate (STC)ST01292NY, amended July 7, 2003 (http://www.airweb.faa.gov/Regulatory and Guidance 51?OpenDocument&Highlight st01292ny).(d) SubjectAir Transport Association (ATA) ofAmerica Code 25, Equipment/furnishings.(e) ReasonThis AD was prompted by reports thatairplanes with a Class C cargo (baggage)compartment have liners that do not meetflammability requirements. We are issuingthis AD to prevent inadequate fire protectionE:\FR\FM\13MRR1.SGM13MRR1

Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Rules and Regulationsin the cargo compartment and consequentuncontrolled fire.(f) ComplianceYou are responsible for having the actionsrequired by this AD performed within thecompliance times specified, unless theactions have already been done.emcdonald on DSK67QTVN1PROD with RULES(g) ActionsWithin 28 months after the effective dateof this AD, replace the cargo compartmentliners, in accordance with theAccomplishment Instructions of theapplicable service bulletin specified inparagraphs (g)(1) through (g)(3) of this AD,except as provided by paragraph (h) of thisAD. For airplanes that do not have aconfiguration specified in paragraphs (g)(1)through (g)(3) of this AD: Prior toaccomplishing the replacement, convert thecargo compartment liner to one of theconfigurations specified in paragraphs (g)(1)through (g)(3) of this AD, in accordance witha method approved by the Manager, NewYork Aircraft Certification Office (ACO),ANE–170, FAA; or Transport Canada CivilAviation (TCCA) (or its delegated agent). Tomeet the requirements of this AD, theapplicable Bombardier service bulletin orCOMTEK service bulletin must be followedin its entirety, except as provided byparagraph (h) of this AD, with no mixing ofBombardier-supplied or COMTEK-suppliedliners.(1) For airplanes with North Americancargo compartment configuration:Bombardier Service Bulletin 601R–25–187,Revision A, dated September 1, 2011; orCOMTEK Service Bulletin COMSB–25–52–001, Revision A, dated December 29, 2011.Note (1) to paragraph (g)(1) of this AD:COMTEK Service Bulletin COMSB–25–52–001, Revision A, dated December 29, 2011,installs STC ST01292NY amended July 7,2003 (http://www.airweb.faa.gov/Regulatory and Guidance 51?OpenDocument&Highlight st01292ny),(which corresponds to TCCA STC SA01–19,Issue 2, dated December 21, 2011 Id 0900006481216f85&disposition attachment&contentType pdf))flammability-compliant cargo linerreplacement panels.(2) For airplanes with European cargocompartment configuration: BombardierService Bulletin 601R–25–198, datedSeptember 1, 2011.(3) For airplanes with Universal cargocompartment configuration: BombardierService Bulletin 601R–25–199, datedSeptember 1, 2011.(h) Alternative Floor PanelComtek Advanced Structures floor panelsapproved under STC ST00560NY, amendedJune 29, 2001 (http://rgl.faa.gov/Regulatory and Guidance D0?OpenDocument&Highlight st00560ny), areconsidered equivalent to the originalequipment floor panels described inBombardier Service Bulletin 601R–25–187,Revision A, dated September 1, 2011, andVerDate Mar 15 201014:47 Mar 12, 2013Jkt 229001may be used in lieu of the floor panelsdescribed in Bombardier Service Bulletin601R–25–187, Revision A, dated September1, 2011.(i) Credit for Previous ActionsThis paragraph provides credit for certainactions specified in paragraph (g)(1) of thisAD, if those actions were performed beforethe effective date of this AD usingBombardier Service Bulletin 601R–25–187,dated July 21, 2011, which is notincorporated by reference in this AD.(j) Parts Installation Prohibition(1) For airplane S/Ns 7003 through 7857inclusive: After completing the actionsrequired by paragraph (g) of this AD, noperson may install a cargo compartmentliner, identified as ‘‘Pre-SB Part Number’’ inparagraph 1.M. of the applicable Bombardierservice bulletins identified in paragraphs(g)(1) through (g)(3) of this AD; ‘‘Pre-SB P/N’’in paragraph 3.D. of COMTEK ServiceBulletin COMSB–25–52–001, Revision A,dated December 29, 2011; or FAA STCST01292NY, amended July 7, 2003 (http://www.airweb.faa.gov/Regulatoryand Guidance 51?OpenDocument&Highlight st01292ny); onany airplane.(2) For airplane S/Ns 7858 and subsequent:As of the effective date of this AD, no personmay install a cargo compartment liner,identified as ‘‘Pre-SB Part Number’’ inparagraph 1.M. of the Bombardier servicebulletins identified in paragraphs (g)(1)through (g)(3) of this AD; ‘‘Pre-SB P/N’’ inparagraph 3.D. of COMTEK Service BulletinCOMSB–25–52–001, Revision A, datedDecember 29, 2011; or FAA STC ST01292NY,amended July 7, 2003 (http://www.airweb.faa.gov/Regulatory andGuidance 51?OpenDocument&Highlight st01292ny); on any airplane.(k) Other FAA AD ProvisionsThe following provisions also apply to thisAD:(1) Alternative Methods of Compliance(AMOCs): The Manager, New York AircraftCertification Office (ACO), ANE–170, FAA,has the authority to approve AMOCs for thisAD, if requested using the procedures foundin 14 CFR 39.19. In accordance with 14 CFR39.19, send your request to your principalinspector or local Flight Standards DistrictOffice, as appropriate. If sending informationdirectly to the ACO, send it to ATTN:Program Manager, Continuing OperationalSafety, FAA, New York ACO, 1600 StewartAvenue, Suite 410, Westbury, New York11590; telephone 516–228–7300; fax 516–794–5531. Before using any approved AMOC,notify your appropriate principal inspector,or lacking a principal inspector, the managerof the local flight standards district office/certificate holding district office. The AMOCapproval letter must specifically referencethis AD.(2) Airworthy Product: For any requirementin this AD to obtain corrective actions froma manufacturer or other source, use theseactions if they are FAA-approved. CorrectivePO 00000Frm 00005Fmt 4700Sfmt 470015873actions are considered FAA-approved if theyare approved by the State of Design Authority(or their delegated agent). You are requiredto assure the product is airworthy before itis returned to service.(l) Related Information(1) Refer to MCAI Canadian AirworthinessDirective CF–2012–11, dated March 23, 2012,and the service information identified inparagraphs (l)(1)(i) through (l)(1)(iv) of thisAD, for related information.(i) Bombardier Service Bulletin 601R–25–187, Revision A, dated September 1, 2011.(ii) Bombardier Service Bulletin 601R–25–198, dated September 1, 2011.(iii) Bombardier Service Bulletin 601R–25–199, dated September 1, 2011.(iv) COMTEK Service Bulletin COMSB–25–52–001, Revision A, dated December 29,2011.(2) For Bombardier service informationidentified in this AD, contact Bombardier,Inc., 400 Côte-Vertu Road West, Dorval,Québec H4S 1Y9, Canada; telephone 514–855–5000; fax 514–855–7401; emailthd.crj@aero.bombardier.com; Internet http://www.bombardier.com. You may reviewcopies of the referenced service informationat the FAA, Transport Airplane Directorate,1601 Lind Avenue SW., Renton, WA. Forinformation on the availability of thismaterial at the FAA, call 425–227–1221.(m) Material Incorporated by Reference(1) The Director of the Federal Registerapproved the incorporation by reference(IBR) of the service information listed in thisparagraph under 5 U.S.C. 552(a) and 1 CFRpart 51.(2) You must use this service informationas applicable to do the actions required bythis AD, unless the AD specifies otherwise.(i) Bombardier Service Bulletin 601R–25–187, Revision A, dated September 1, 2011.(ii) Bombardier Service Bulletin 601R–25–198, dated September 1, 2011.(iii) Bombardier Service Bulletin 601R–25–199, dated September 1, 2011.(iv) COMTEK Service Bulletin COMSB–25–52–001, Revision A, dated December 29,2011.(3) For Bombardier service informationidentified in this AD, contact Bombardier,Inc., 400 Côte-Vertu Road West, Dorval,Québec H4S 1Y9, Canada; telephone 514–855–5000; fax 514–855–7401; emailthd.crj@aero.bombardier.com; Internet http://www.bombardier.com.(4) For COMTEK service informationidentified in this AD, contact ComtekAdvanced Structures, 1360 Artisans Court,Burlington, Ontario, Canada, L7L 5Y2;telephone 905–331–8121; fax 905–331–8125;Internet http://www.comtekadvanced.com.(5) You may review copies of the serviceinformation at the FAA, Transport AirplaneDirectorate, 1601 Lind Avenue SW., Renton,WA. For information on the availability ofthis material at the FAA, call 425–227–1221.(6) You may view this service informationthat is incorporated by reference at theNational Archives and RecordsAdministration (NARA). For information onthe availability of this material at NARA, call202–741–6030, or go to: http://E:\FR\FM\13MRR1.SGM13MRR1

15874Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Rules and brlocations.html.Issued in Renton, Washington, on February7, 2013.Ali Bahrami,Manager, Transport Airplane Directorate,Aircraft Certification Service.[FR Doc. 2013–04634 Filed 3–12–13; 8:45 am]BILLING CODE 4910–13–PDEPARTMENT OF TRANSPORTATIONFederal Aviation Administration14 CFR Part 39[Docket No. FAA–2012–1224; DirectorateIdentifier 2012–NM–112–AD; Amendment39–17372; AD 2013–04–14]RIN 2120–AA64Airworthiness Directives; AirbusAirplanesFederal AviationAdministration (FAA), Department ofTransportation (DOT).ACTION: Final rule.AGENCY:We are adopting a newairworthiness directive (AD) for allAirbus Model A300 B4–600, B4–600R,and F4–600R series airplanes, andModel A300 C4–605R Variant Fairplanes (collectively called ModelA300–600 series airplanes); and ModelA310 series airplanes. This AD wasprompted by a report of anuncommanded slide back of the co-pilotseat to the end stop position. This ADrequires a one-time inspection for a partnumber, a tensile test of the affectedseats, and corrective actions ifnecessary. We are issuing this AD todetect and prevent unwanted movementof a pilot or co-pilot seat in thehorizontal direction, which could leadto inadvertent input on the flight controlcommands and possibly result in loss ofcontrollability of the airplane.DATES: This AD becomes effective April17, 2013.The Director of the Federal Registerapproved the incorporation by referenceof certain publications listed in this ADas of April 17, 2013.ADDRESSES: You may examine the ADdocket on the Internet at http://www.regulations.gov or in person at theU.S. Department of Transportation,Docket Operations, M–30, WestBuilding Ground Floor, Room W12–140,1200 New Jersey Avenue SE.,Washington, DC.FOR FURTHER INFORMATION CONTACT: DanRodina, Aerospace Engineer,International Branch, ANM–116,Transport Ai

15870 Federal Register/Vol. 78, No. 49/Wednesday, March 13, 2013/Rules and Regulations 2 This provision applies only to the Banks and effectively precludes the termination of a Bank's registration. Section 78oo(b)(1).2 As a result of SEC mandatory registration, each Bank is now required to make the periodic