[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88633-88634]
[FR Doc No: 2023-28291]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-D-0548]

Data Standards for Drug and Biological Product Submissions
Containing Real-World Data; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance for industry entitled ``Data
Standards for Drug and Biological Product Submissions Containing Real-
World Data.'' This guidance provides recommendations to sponsors to
help support compliance with the Federal Food, Drug, and Cosmetic Act
(FD&C Act) when submitting study data derived from real-world data
(RWD) sources in applicable regulatory submissions using standards
specified in the Data Standards Catalog. FDA is publishing this
guidance as part of a series of guidance documents under its program to
evaluate the use of real-world evidence (RWE) in regulatory decision
making. This guidance finalizes the draft guidance of the same title
issued on October 22, 2021.

DATES: The announcement of the guidance is published in the Federal
Register on December 22, 2023.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-D-0548 for ``Data Standards for Drug and Biological Product
Submissions Containing Real-World Data.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the
Division of Drug Information, Center for Drug Evaluation and Research,
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale
Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-
addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Dianne Paraoan, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 3326, Silver Spring, MD 20993-0002, 301-
796-3161; or James Myers, Center for Biologics Evaluation and Research,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm.
7301, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Data Standards for Drug and Biological Product Submissions
Containing Real-World Data.'' Section 3022 of the 21st Century Cures
Act (Cures Act) amended the FD&C Act to add section 505F, Utilizing
Real World Evidence (21 U.S.C. 355g). In addition, under the
Prescription Drug User Fee Amendments of 2017 (PDUFA VI), FDA committed
to publishing draft guidance on how RWE can contribute to the
assessment of safety and effectiveness in

regulatory submissions. In 2018, FDA created an RWE Framework and
Program (Program) to evaluate the potential use of RWE to help support
the approval of a new indication for a drug already approved under the
FD&C Act or to help to support or satisfy postapproval study
requirements. In late 2021, FDA utilized the Program to issue draft
guidances outlining considerations for the use of RWD and RWE in
regulatory decision-making to help satisfy the Cures Act mandate and
the PDUFA VI commitment.
    This guidance finalizes the draft guidance entitled ``Data
Standards for Drug and Biological Product Submissions Containing Real-
World Data'' issued on October 22, 2021 (86 FR 58672). FDA considered
comments received on the draft guidance as the guidance was finalized.
Changes from the draft to the final guidance include clarification of
FDA's understanding of challenges when using currently supported data
standards for RWD sources and elaboration of available FDA resources
for consultation about the use of data standards for study data
submitted to FDA. In addition, editorial changes were made to improve
clarity, including the movement of concepts from glossary entries to
footnotes to the main document text.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on ``Data Standards for Drug and Biological
Product Submissions Containing Real-World Data.'' It does not establish
any rights for any person and is not binding on FDA or the public. You
can use an alternative approach if it satisfies the requirements of the
applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information. The
previously approved collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3521). The collections of information in 21
CFR part 314 (Applications for FDA Approval to Market a New Drug) have
been approved under OMB control number 0910-0001; the collections of
information in 21 CFR part 312 (Investigational New Drug Regulations)
have been approved under OMB control number 0910-0014; the collections
of information in 21 CFR part 58 (Good Laboratory Practice Regulations
for Nonclinical Laboratory Studies) have been approved under OMB
control number 0910-0119; and the collections of information in 21 CFR
part 601 (General Licensing Provisions: Biologics License Application,
Changes to an Approved Application, Labeling, Revocation and
Suspension) have been approved under OMB control number 0910-0338.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov.

    Dated: December 19, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-28291 Filed 12-21-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Proposed Rules]
[Pages 3545-3547]
[FR Doc No: 2014-01178]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-1062; Airspace Docket No. 13-ACE-3]
RIN 2120-AA66

Proposed Modification of Air Traffic Service (ATS) Routes; North
Central United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify three Jet Routes (J-45, J-151,
and J-233) and a high altitude area navigation (RNAV) route (Q-19). The
FAA is proposing this action due to a service restriction of the Des
Moines, IA (DSM), VHF Omnidirectional Range (VOR)/Tactical Air
Navigation (VORTAC) facility that provides navigation guidance for a
portion of the ATS routes. This action would enhance the safety and
efficient management of aircraft flying within the National Airspace
System (NAS).

DATES: Comments must be received on or before March 10, 2014.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2013-
1062 and Airspace Docket No. 13-ACE-3 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy and
Regulations Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2013-1062 and Airspace Docket No. 13-ACE-3) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2013-1062 and Airspace Docket No. 13-ACE-3.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments

received. All comments submitted will be available for examination in
the public docket both before and after the comment closing date. A
report summarizing each substantive public contact with FAA personnel
concerned with this rulemaking will be filed in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Central Service Center, Operations
Support Group, Federal Aviation Administration, 2601 Meacham Blvd.,
Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Background

    The DSM VOR was initially identified as unstable after a flight
check was conducted on the instrument approach procedures at Chariton
Municipal Airport, Chariton, IA, in September 2009. The VOR was
determined to be unusable from the 111 degree radial clockwise to the
169 degree radial and a Notice to Airmen (NOTAM) was issued. In January
2012, another flight inspection was flown following Technical
Operations maintenance actions having been accomplished. Increased
radial restrictions were documented by that flight inspection and the
NOTAM was updated to reflect the DSM VOR 085 degree radial clockwise to
the 184 degree radial as unusable. The VOR antenna, antenna bridges,
and cabling were replaced and a special flight inspection conducted.
The flight inspection reduced the VOR restriction to reflect from the
095 degree radial clockwise to the 150 degree radial, which remains
published today.
    The DSM VOR restrictions are caused by external structural signal
reflections that numerous maintenance corrective actions have failed to
correct. As a result, the ATS routes, fixes, and procedures that are
affected by the VOR restriction must be amended. Having exhausted
maintenance corrective action alternatives, the FAA is proposing to
reroute the NAS jet route structure that is affected by the DSM VOR
restriction and extend an existing high altitude RNAV route to retain
the direct routing between the St. Louis, MO (STL), and DSM VORTACs for
aircraft capable of flying RNAV.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to amend Jet Routes J-45, J-151, and J-
233, and high altitude RNAV route Q-19 to address route impacts caused
by the DSM VOR radials restricted from use. The Des Moines, IA, VORTAC
facility restriction has made this action necessary. The proposed route
modification actions are outlined below.
    J-45: J-45 extends between Virginia Key, FL, and Aberdeen, SD. The
FAA proposes to amend the route segment between the STL and DSM VORTACs
by relocating it over the Kirksville, MO (IRK) VORTAC. The proposed
amendment would extend the route by approximately four nautical miles
(NM), but retains a route structure between STL and DSM.
    J-151: J-151 extends between Cross City, FL and Whitehall, MT. The
FAA proposes to relocate the route segment between STL and the O'Neil,
NE (ONL) VORTAC further west from its current routing by overflying the
IRK and Omaha, NE (OVR), VORTACs. This would result in a near direct
route from STL to ONL; providing a 12.5 NM reduction in the route
length.
    J-233: J-233 extends between Waterloo, IA (ALO), and STL.
Unfortunately, a portion of the route between STL and the intersection
of the STL 318[deg] and ALO 184[deg] radials (COLIE to SKBOZ fixes)
failed an extended service volume flight check and is not usable. The
FAA proposes to replace the route intersection noted above with the IRK
VORTAC to overcome the extended service volume issue. This would move
the existing dogleg in the route approximately 26 NM south of its
current position, but only add approximately 10 NM to the route's
length.
    Q-19: Q-19 extends between Nashville, TN (BNA), and the PLESS fix,
overlying a portion of J-45. The FAA proposes to extend Q-19 northeast
from the PLESS fix to DSM to retain a direct routing capability between
STL and DSM for aircraft capable of flying RNAV routes. This proposed
RNAV route extension would replace the portion of J-45 between STL and
DSM, addressed above, that is proposed to be relocated and furthers the
transition within the NAS to an RNAV route structure in support of the
NextGen initiative.
    The navigation aid radials cited in the proposed Jet Route and high
altitude RNAV route descriptions, below, are stated relative to True
north.
    Jet Routes are published in paragraph 2004 and high altitude RNAV
routes (Q) are published in paragraph 2006, respectively, of FAA Order
7400.9X dated August 7, 2013, and effective September 15, 2013, which
is incorporated by reference in 14 CFR 71.1. The Jet Routes and high
altitude RNAV route listed in this document would be subsequently
published in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this proposed rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies the route structure as necessary to preserve the safe
and efficient flow of air traffic within the NAS.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9X,
Airspace Designations and Reporting Points, dated August 7, 2013 and
effective September 15, 2013, is amended as follows:

Paragraph 2004 Jet Routes

J-45 [Amended]

From Virginia Key, FL; INT Virginia Key 014[deg] and Treasure, FL,
143[deg] radials; Treasure; INT Treasure 330[deg] and Ormond Beach,
FL, 183[deg] radials; Ormond Beach; Craig, FL; Alma, GA; Macon, GA;
Atlanta, GA; Nashville, TN; St Louis, MO; Kirksville, MO; Des
Moines, IA; Sioux Falls, SD; to Aberdeen, SD.
* * * * *

J-151 [Amended]

From Cross City, FL; Vulcan, AL; Farmington, MO; St. Louis, MO;
Kirksville, MO; Omaha, NE; O'Neil, NE; Rapid City, SD; Billings, MT;
INT Billings 266[deg] and Whitehall, MT, 103[deg] radials; to
Whitehall.
* * * * *

J-233 [Amended]

From Waterloo, IA; Kirksville, MO; to St. Louis, MO.
* * * * *

Paragraph 2006 United States Area Navigation Routes

Q-19 Nashville, TN (BNA) to Aberdeen, SD (ABR) [Amended]
Nashville, TN (BNA)          VORTAC             (Lat. 36[deg]08'13'' N., long. 86[deg]41'05'' W.)
PLESS, IL                    Fix                (Lat. 37[deg]48'35'' N., long. 88[deg]57'48'' W.)
St. Louis, MO (STL)          VORTAC             (Lat. 38[deg]51'38'' N., long. 90[deg]28'57'' W.)
Des Moines, IA (DSM)         VORTAC             (Lat. 41[deg]26'15'' N., long. 93[deg]38'55'' W.)
Sioux Falls, SD (FSD)        VORTAC             (Lat. 43[deg]38'58'' N., long. 96[deg]46'52'' W.)
Aberdeen, SD (ABR)           VOR/DME            (Lat. 45[deg]25'02'' N., long. 98[deg]22'07'' W.)

* * * * *

    Issued in Washington, DC, on January 15, 2014.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2014-01178 Filed 1-21-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 30 (Wednesday, February 17, 2021)]
[Notices]
[Pages 9921-9923]
[FR Doc No: 2021-03157]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-44-000]

LA Storage, LLC; Notice of Applcation and Establishing
Intervention Deadline

    Take notice that on January 29, 2021, LA Storage, LLC (LA Storage),
1500 Post Oak Blvd., Suite 1000, Houston, Texas 77056, filed in the
above referenced docket an application pursuant to section 7(c) of the
Natural Gas Act (NGA) and Parts 157 and 284 of the Commission's
regulations to construct and operate a new natural gas storage and
transmission facilities (the Hackberry Storage Project) located in
Cameron and Calcasieu Parishes, Louisiana. Specifically, LA Storage
request to convert three existing salt dome caverns to natural gas
storage service and develop one new salt dome cavern, as well as
construct approximately 11.1 miles of 42-inch diameter natural gas
pipeline, compression, and appurtenant facilities. LA Storage request
the approval of market-based rates for the Hackberry Storage project,
all as more fully set forth in the request which is on file with the
Commission and open to public inspection.
    LA Storage's application states that a water quality certificate
under section 401 of the Clean Water Act is required for the project
from the Louisiana Department of Environmental Quality. The request for
certification must be submitted to the certifying agency and to the
Commission concurrently. Proof of the certifying agency's receipt date
must be filed no later than five (5) days after the request is
submitted to the certifying agency.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National

Emergency concerning the Novel Coronavirus Disease (COVID-19), issued
by the President on March 13, 2020. For assistance, contact the Federal
Energy Regulatory Commission at<EMAIL_ADDRESS>or call
toll-free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    Any questions concerning this application should be directed to
Jerrod L. Harrison, 488 8th Avenue, San Diego, California 92101, by
telephone at<PHONE_NUMBER>, or by email at<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: Complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
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    \1\ 18 CFR (Code of Federal Regulations) 157.9.
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Public Participation

    There are two ways to become involved in the Commission's review of
this project: You can file comments on the project, and you can file a
motion to intervene in the proceeding. There is no fee or cost for
filing comments or intervening. The deadline for filing a motion to
intervene is 5:00 p.m. Eastern Time on March 3, 2021.

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be. To ensure that your comments
are timely and properly recorded, please submit your comments on or
before March 3, 2021.
    There are three methods you can use to submit your comments to the
Commission. In all instances, please reference the Project docket
number (CP21-44-000) in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; first select ``General'' and then select ``Comment on a
Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address below.\2\ Your written comments must reference
the Project docket number (CP21-44-000).
---------------------------------------------------------------------------

    \2\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
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    Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426.
    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list, and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\3\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
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    \3\ 18 CFR 385.102(d).
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    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is March 3, 2021. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
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    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.
    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number (CP21-44-000) in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on ``eRegister.'' You
will be asked to select the type of filing you are making; first select
``General'' and then select ``Intervention.'' The eFiling feature
includes a document-less intervention option; for more information,
visit https://www.ferc.gov/docsfiling/ efiling/document-less-
intervention.pdf.; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the

address below.\6\ Your motion to intervene must reference the Project
docket number (CP21-44-000).
---------------------------------------------------------------------------

    \6\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
---------------------------------------------------------------------------

    Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426.
    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Motions to intervene must be served on the applicant either by mail
or email at: 488 8th Avenue, San Diego, California 92101 or at
<EMAIL_ADDRESS>Any subsequent submissions by an intervenor
must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online. Service can be via
email with a link to the document.
    All timely, unopposed \7\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\8\ Motions to intervene that
are filed after the intervention deadline are untimely, and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\9\ A person obtaining
party status will be placed on the service list maintained by the
Secretary of the Commission and will receive copies (paper or
electronic) of all documents filed by the applicant and by all other
parties.
---------------------------------------------------------------------------

    \7\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \8\ 18 CFR 385.214(c)(1).
    \9\ 18 CFR 385.214(b)(3) and (d).
---------------------------------------------------------------------------

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docsfiling/ esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on March 3, 2021.

    Dated: February 10, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-03157 Filed 2-16-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 8 (Monday, January 13, 2014)]
[Proposed Rules]
[Pages 2144-2146]
[FR Doc No: 2014-00397]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 79, No. 8 / Monday, January 13, 2014 /
Proposed Rules

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0801; FRL-9905-24-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Prevention of Significant Deterioration; Greenhouse Gas
Tailoring Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions and additions to the Colorado State Implementation
Plan (SIP) submitted by the Colorado Department of Public Health and
the Environment (CDPHE) to EPA on May 25, 2011. The proposed SIP
revision to Colorado Regulation Number 3 and the Common Provisions
Regulation addresses the permitting of sources of greenhouse gases
(GHGs). Specifically, we propose to approve revisions to Portions of
Parts A, B and D of Regulation Number 3 to incorporate the provisions
of the Prevention of Significant Deterioration (PSD) and Title V
Greenhouse Gas Tailoring Rule. The proposed SIP revisions establish
emission thresholds for determining which new stationary sources and
modifications to existing stationary sources become subject to
Colorado's PSD permitting requirements for their GHG emissions. EPA is
proposing to approve the May 25, 2011 SIP revision to the Colorado PSD
permitting program as being consistent with federal requirements for
PSD permitting. EPA also proposes to approve several grammar and
punctuation changes to Regulation Number 3 made by the State and
included in the May 25, 2011 submittal. EPA is proposing this action
under the Clean Air Act (the Act or CAA).

DATES: Comments must be received on or before February 12, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2013-0801, by one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Carl Daly, Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop St.,
Denver, Colorado 80202-1129.
     Hand Delivery: Carl Daly, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop St., Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding
Federal holidays. Special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2013-0801. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment along with any disk or CD-ROM
submitted. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters and any form of encryption and should be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop St.,
Denver, Colorado 80202-1129. EPA requests that if at all possible, you
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the docket. You may view the hard copy
of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Air Program, Mailcode
8P-AR, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
St., Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. Information is organized as
follows:

Table of Contents

I. Background for Our Proposed Action
II. History of EPA's GHG-Related Actions
III. EPA's Analysis of the State's Submittal
IV. Proposed Action
V. Statutory and Executive Orders Review

I. Background for Our Proposed Action

    CAA section 110(a)(2)(C) requires states to develop and submit to
EPA for approval into the state SIP preconstruction review and
permitting programs applicable to certain new and modified stationary
sources of air pollutants. There are three separate programs: PSD,
Nonattainment New Source Review (NNSR), and Minor NSR. The PSD program
is established in part

C of title I of the CAA and applies in areas that meet the National
Ambient Air Quality Standards (NAAQS)--``attainment areas''--as well as
areas where there is insufficient information to determine if the area
meets the NAAQS--``unclassifiable areas.'' The NNSR program is
established in part D of title I of the CAA and applies in areas that
are not in attainment of the NAAQS--``nonattainment areas.'' The Minor
NSR program (1) addresses construction or modification activities that
do not emit, or have the potential to emit, beyond certain major source
thresholds and thus do not qualify as ``major,'' and (2) applies
regardless of the designation of the area in which a source is located.
EPA regulations governing the criteria that states must satisfy for EPA
approval of the NSR programs as part of the SIP are contained in 40 CFR
51.160-51.166.
    On May 25, 2011, Colorado submitted revisions for approval by EPA
into the Colorado SIP, including some regulations specific to the
Colorado NSR PSD permitting program. For Part A, General Provisions
Applicable to Reporting and Permitting, the State added new definitions
of GHGs and carbon dioxide equivalent (CO2e), incorporating
by reference EPA's global warming potential (GWP) codified via the GHG
Mandatory Reporting Rule (Sections I.B.10 and I.B. 23); revise the
major source definition so that it applies to regulated NSR pollutants
(which includes GHGs) as well as to air pollutants (which does not
include GHG), so that GHG is addressed and the definition may be used
to establish the mass-based GHG threshold (Section I.B.25.b); and
revise annual emission fees to exclude GHGs (Section VI.D). The
submittal also adds to Part A a new definition of Subject to Regulation
consistent with the ``PSD and Title V Greenhouse Gas Tailoring Final
Rule'' (75 FR 31514, June 3, 2010) hereafter referred to as the
``Tailoring Rule'' (Section I.B.44). The new definition of Subject to
Regulation includes a rescission clause which states, ``If there is a
change in federal law or the District of Columbia Circuit Court of
Appeals or the United States Supreme Court directs or issues an order,
which limits or renders ineffective the regulation of GHG emissions at
stationary sources under the NSR PSD or Title V provisions of the
Federal Act, the regulation of GHG emissions under the corresponding
programs in this Regulation Number 3 shall be limited or rendered
ineffective to the same extent'' (Section I.B.44.f). EPA interprets
this clause to mean, 1) Colorado will wait for EPA's timely
interpretation of a Court action; and, 2) Colorado will provide public
notice of any rescission, based on a letter of clarification submitted
to EPA on December 12, 2013.
    In Part B, Construction Permits, the SIP revises the general
permitting requirements to authorize the issuance of synthetic minor
permits for GHGs if stationary sources choose to seek federally
enforceable limits for GHGs, if they would otherwise be subject to PSD
or Title V permitting programs (Section II.A.4 and II.A.7). In Part D,
Major Stationary Source New Source Review (NSR) and Prevention of
Significant Deterioration (PSD), the SIP revises the Definitions of
``best available control technology'' (BACT), ``major modification''
and ``major stationary source'' to use the term ``regulated NSR
pollutant'' for consistency with the Tailoring Rule (Sections II.A.8,
II.A.22, II.A.24.a, II.A.24.a.(ii) and II.A.24.b); and revise ``NSR
Pollutant'' to be consistent with EPA's Tailoring Rule (Section
II.A.38.e and II.A.38.f).
    The SIP also added definitions to Section I.G. of the Common
Provisions Regulation to include ``greenhouse gas'' and
``CO2e,'' to be consistent with the federal definitions.
Grammatical and punctuation changes to Regulation Number 3 were made by
the State throughout Regulation Number 3 as documented in the May 25,
2011 submittal.
    These revisions (1) establish that GHG is a regulated pollutant
under Colorado's NSR PSD program, and (2) establish emission thresholds
for determining which new stationary sources and modification projects
become subject to Colorado's NSR PSD permitting requirements for their
GHG emissions consistent with the Tailoring Rule. Today's proposed
action presents our rationale for approving these regulations as
meeting the minimum federal requirements for the adoption and
implementation of NSR PSD SIP permitting programs.

II. History of EPA's GHG-Related Actions

    This section briefly summarizes EPA's recent GHG-related actions
that provide the background for this action. Please see the preambles
for the identified GHG-related rulemakings for more information.
    Beginning in 2010, EPA undertook a series of actions pertaining to
the regulation of GHGs that established the overall framework for
today's proposed action on the Colorado SIP. These actions include, as
they are commonly called, the ``Endangerment Finding'' and ``Cause or
Contribute Finding,'' which EPA issued in a single final action,\1\ the
``Johnson Memo Reconsideration,'' \2\ the ``Light-Duty Vehicle Rule,''
\3\ and the ``Tailoring Rule.'' \4\ Taken together and in conjunction
with the CAA, these actions established regulatory requirements for
GHGs emitted from new motor vehicles and new motor vehicle engines;
determined that such regulations, when they took effect on January 2,
2011, subjected GHGs emitted from stationary sources to PSD
requirements; and limited the applicability of PSD requirements to GHG
sources on a phased-in basis. EPA took this last action in the
Tailoring Rule, which, more specifically, established appropriate GHG
emission thresholds for determining the applicability of PSD
requirements to GHG-emitting sources.
---------------------------------------------------------------------------

    \1\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66496 (December 15, 2009).
    \2\ ``Interpretation of Regulations that Determine Pollutants
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (April
2, 2010).
    \3\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25324
(May 7, 2010).
    \4\ Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3,
2010).
---------------------------------------------------------------------------

    At the same time, EPA recognized that many states had approved SIP
PSD programs that do apply PSD to GHGs, but that do so for sources that
emit as little as 100 or 250 tons per year (tpy) of GHG, and that do
not limit PSD applicability to GHGs to the higher thresholds in the
Tailoring Rule. Therefore, EPA issued the GHG PSD SIP Narrowing
Rule,\5\ under which, EPA converted its previous full approval of the
affected SIPs, including Colorado's, to a partial approval and partial
disapproval, to the extent those SIPs covered GHG-emitting sources
below the Tailoring Rule thresholds. EPA based its action primarily on
the ``error correction'' provisions of CAA section 110(k)(6). Many of
those states have since submitted SIP revisions that have established
the Tailoring Rule thresholds, and EPA has approved those SIP revisions
and rescinded the partial disapprovals.
---------------------------------------------------------------------------

    \5\ ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting Sources
in State Implementation Plans,'' 75 FR 82536 (December 30, 2010).
---------------------------------------------------------------------------

III. EPA's Analysis of the State's Submittal

    These revisions to Colorado's SIP are necessary because without
them, and notwithstanding the GHG PSD SIP Narrowing Rule, PSD
requirements would apply, as of January 2, 2011, at

the 100- or 250-tpy levels provided under the CAA. This would greatly
increase the number of required permits, impose undue costs on small
sources and overwhelm Colorado's permitting program. The May 25, 2011
proposed revisions establish thresholds for determining which
stationary sources and modification projects become subject to
permitting requirements for GHG emissions under Colorado's NSR PSD
program. Colorado is currently a SIP-approved state for the PSD
program, and has incorporated EPA's 2002 NSR reform revisions for PSD
into its SIP.
    Colorado has adopted and submitted regulations that are
substantively similar to the federal requirements for the permitting of
GHG-emitting sources subject to PSD. The revisions incorporate the
Tailoring Rule into Colorado's PSD Permitting Programs, and support
synthetic minor permitting at stationary sources seeking federally
enforceable limits to avoid major source or major stationary source
applicability thresholds specific to GHG. The State revisions add the
definitions of GHG, CO2e and subject to regulation, revise
the definitions of major source and regulated pollutant, allow for
synthetic minor source permitting and make the Tailoring Rule effective
January 2, 2011. We propose to conclude that the revisions are
consistent with the requirements of 40 CFR 51.166, in particular
requirements set out in EPA's final GHG Tailoring Rule, and that the
revisions should be approved into Colorado's SIP.
    The cover letter to Colorado's May 25, 2011 submittal identified
the specific regulations the State requested that EPA approve into the
SIP including grammatical and capitalization changes. The State made
these minor changes to Parts A, B, and D of Regulation Number 3. These
Parts of Colorado's Regulation Number 3 address the State's permitting
and PSD program. However, grammatical changes were also made to Part C
of the regulation. Part C is the State's Title V permitting program
that is not part of the SIP. Since the State included these non-SIP
regulatory changes, EPA is taking no action on changes made to Part C.

IV. Proposed Action

    EPA proposes to approve the May 25, 2011 submittal for
incorporation into the SIP. Specifically, EPA proposes to approve
revisions to Regulation Number 3 Parts A, B and D and the Common
Provisions Regulation. EPA has made the preliminary determination that
these May 25, 2011 revisions are approvable because they were adopted
and submitted in accordance with the CAA and EPA regulations regarding
PSD permitting for GHGs.
    Minor grammatical and capitalization changes made throughout the
May 25, 2011 revisions are proposed for approval. These include minor
changes to all sections to the following provisions in Regulation
Number 3, Part A, Part B, and Part D. The changes do not revise the
regulatory language in Regulation Number 3 and are, therefore, proposed
for approval without reference. We are not acting on grammatical
revisions to Part C of Regulation Number 3 since this is the State's
Title V operating permit program and it is not part of the SIP.

V. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law that meets federal
requirements and disapproves state law that does not meet federal
requirements; when finalized, this action would not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition,
this rule does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the state, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides, and
Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq

    Dated: December 20, 2013.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
[FR Doc. 2014-00397 Filed 1-10-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Proposed Rules]
[Pages 79329-79333]
[FR Doc No: 2013-31185]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1065; Directorate Identifier 2011-NM-230-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 CL-600-1A11 (CL-
600), CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and
CL-604 Variants) airplanes. The existing AD currently requires
operators to assign serial numbers or part numbers to certain landing
gear parts; and to establish the number of landings on the parts, if
necessary. The existing AD also requires operators to revise the
Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness (ICA) to reflect the new life limits of the
landing gear parts. Since we issued that AD, additional landing gear
parts have been identified that need serialization. This proposed AD
would add airplanes to the applicability; require operators to assign
serial numbers or part numbers to certain additional landing gear
parts, to establish the number of landings on the parts, if necessary;
and record in all required airplane technical records and manuals the
new part numbers, serial numbers, and landings assigned to these parts.
We are proposing this AD to prevent life-limited landing gear parts
from being used beyond their safe-life limits, which could lead to
collapse of the landing gear.

DATES: We must receive comments on this proposed AD by February 13,
2014.

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:<PHONE_NUMBER>.
     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 Bombardier, Inc./Canadair service information identified in
this proposed AD, contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road
West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. For Messier-Dowty service information identified in
this proposed AD, contact Messier Services Americas, Customer Support
Center, 45360 Severn Way, Sterling, VA 20166-8910; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; Internet: https://techpubs.services/messier-dowty.com You may view this 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.

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<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Andreas Rambalakos, Aerospace
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New
York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

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-2013-1065;
Directorate Identifier 2011-NM-230-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

    On July 11, 2005, we issued AD 2005-15-04, Amendment 39-14193 (70
FR 43032, July 26, 2005). That AD required actions intended to address
an unsafe condition on the products listed above.
    Since we issued AD 2005-15-04, Amendment 39-14193 (70 FR 43032,
July 26, 2005), Transport Canada Civil Aviation (TCCA), which is the
airworthiness authority for Canada, has issued Canadian Airworthiness
Directives CF-2003-18R2, dated September 28, 2011; CF-2003-20R1, dated
September 28, 2011; and CF-2003-21R2, dated September 28, 2011;
(referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI'') to correct an unsafe condition for the
specified products. The MCAI states:

    Certain landing gear parts that are listed in the aeroplane
model Airworthiness Limitations Section, as safe life items with
structural life limits, could be rotable and may not have been
serialized, making tracking difficult. This [Canadian airworthiness]
directive mandates that such parts be serialized. This [Canadian
airworthiness] directive also provides the procedure to determine
the number of landings for those parts where the service history
cannot be established.
* * * * *
    [T]his [Canadian Airworthiness] directive * * * mandate[s]
serialization of * * * additional landing gear parts.

    This proposed AD would also add airplanes to the applicability. The
unsafe condition is using life-limited landing gear parts beyond their
safe-life limits, which could lead to collapse of the landing gear. You
may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-1065.

Relevant Service Information

    Bombardier, Inc. has issued the following service bulletins.
     Bombardier Service Bulletin 600-0710, Revision 03, dated
May 9, 2011, including Appendix 1, dated May 9, 2011, and Service
Bulletin Information Sheet, dated July 6, 2010 (for Model CL-600-1A11
(CL-600) airplanes).
     Bombardier Service Bulletin 601-0546, Revision 03, dated
May 9, 2011, including Appendix 1, dated May 9, 2011, and Service
Bulletin Information Sheet, dated July 6, 2010 (for Model CL-600-2A12
(CL-601) airplanes and Model CL-600-2B16 (CL-601-3A and CL-601-3R
Variants) airplanes).

     Bombardier Service Bulletin 604-32-014, Revision 02, dated
May 9, 2011, including Appendix 1, dated May 9, 2011, and Service
Bulletin Information Sheet, dated July 6, 2010 (for Model CL-600-2B16
(CL-604 Variant) airplanes).
    The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

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.

Differences Between This Proposed AD and the MCAI or Service
Information

    For Model CL-600-2B16 (CL-604 Variant) airplanes, the MCAI
specifies serial numbers 5301 through 5595 inclusive; however, the
actions of the MCAI address only serial numbers 5301 through 5573
inclusive, 5579, and 5595. Consequently, we have specified the proposed
applicability as serial numbers 5301 to 5573 inclusive, 5579, and 5595.
We have coordinated this difference with TCCA.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 419 products of U.S. registry.
    The actions that are required by AD 2005-15-04, Amendment 39-14193
(70 FR 43032, July 26, 2005), and retained in this proposed AD take up
to 13 work-hours per product, at an average labor rate of $85 per work
hour. Based on these figures, the estimated cost of the currently
required actions is $1,105 per product.
    We estimate that it would take about 9 work-hours 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 $320,535, 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 for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This proposed 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

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2005-15-04, Amendment 39-14193 (70 FR 43032, July 26, 2005), and adding
the following new AD:

Bombardier, Inc.: Docket No. FAA-2013-1065; Directorate Identifier
2011-NM-230-AD.

(a) Comments Due Date

    We must receive comments by February 13, 2014.

(b) Affected ADs

    This AD supersedes AD 2005-15-04, Amendment 39-14193 (70 FR
43032, July 26, 2005).

(c) Applicability

    This AD applies to Bombardier, Inc. airplanes, certificated in
any category, as identified in paragraphs (c)(1) through (c)(4) of
this AD.
    (1) Model CL-600-1A11 (CL-600) airplanes, serial numbers 1004
through 1085 inclusive.
    (2) Model CL-600-2A12 (CL-601) airplanes, serial numbers 3001
through 3066 inclusive;
    (3) Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants)
airplanes, serial numbers 5001 through 5194 inclusive.
    (4) Model CL-600-2B16 (CL-604 Variant) airplanes, serial numbers
5301 through 5573 inclusive, 5579, and 5595.
    (5) This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections). Compliance
with these actions is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by this AD, the operator may not be able to
accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (r) of this AD. The request should include a
description of changes to the required actions that will ensure the
continued damage tolerance of the affected structure.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by reports that landing gear parts that
have safe-life limits but do not have serial numbers or part numbers
can be removed from one landing gear and re-installed on another,
making tracking difficult. We are issuing this AD to prevent life-
limited landing gear parts from being used beyond their safe-life
limits, which could lead to collapse of the landing gear.

(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 Requirement To Add Serial Numbers (S/Ns) or Part Numbers
(P/Ns)

    This paragraph restates the actions required by paragraph (f) of
AD 2005-15-04, Amendment 39-14193 (70 FR 43032, July 26, 2005), with
revised affected airplanes. Except for Model CL-600-2B16 airplanes
having serial numbers 5514 through 5595 inclusive: At the applicable
compliance time specified in paragraph (g)(1), (g)(2), or (g)(3) of
this AD, add serial numbers and part numbers, as applicable, to the
parts identified in the applicable service bulletin specified in
paragraph (g)(1), (g)(2), or (g)(3) of this AD. Do all actions in
accordance with the applicable service bulletin specified in
paragraph (g)(1), (g)(2), or (g)(3) of this AD.
    (1) For parts identified in Bombardier Service Bulletin 600-
0710, Revision 01, dated December 15, 2003; and Bombardier Service
Bulletin 601-0546, Revision 01, dated December 15, 2003; as having a
compliance time of ``five years for the parts listed in Part A'':
Within 60 months after August 30, 2005 (the effective date of AD
2005-15-04, Amendment 39-14193 (70 FR 43032, July 26, 2005)).
    (2) For parts identified in Bombardier Service Bulletin 600-
0710, Revision 01, dated December 15, 2003; and Bombardier Service
Bulletin 601-0546, Revision 01, dated December 15, 2003; as having a
compliance time of ``ten years for the parts listed in Part B'':
Within 120 months after August 30, 2005 (the effective date of AD
2005-15-04, Amendment 39-14193 (70 FR 43032, July 26, 2005)).
    (3) For parts identified in Bombardier Service Bulletin 604-32-
014, dated May 31, 2002, as having a compliance time of ``no later
than a calendar time of 8 years'': Within 96 months after August 30,
2005 (the effective date of AD 2005-15-04, Amendment 39-14193 (70 FR
43032, July 26, 2005)).
    Note 1 to paragraph (g) of this AD: The Bombardier service
bulletins refer to the Messier-Dowty service bulletins in table 1 to
paragraph (g) of this AD as additional sources of service
information for adding part numbers or serial numbers by vibro-
peening the numbers on main landing gear (MLG) and nose landing gear
(NLG) components that do not have them; and for determining the
number of landings for parts without a part number or serial number
on which the time since new (TSN) and cycles since new (CSN) have
not been tracked.

                      Table 1 to Paragraph (g) of This AD--Messier-Dowty Service Bulletins
----------------------------------------------------------------------------------------------------------------
                                                           Landing gear       Corresponding Bombardier Service
 Messier-Dowty Service Bulletin          Model              component                    Bulletin(s)
----------------------------------------------------------------------------------------------------------------
M-DT SB104467009/010-32-1, dated  CL-600-1A11 (CL-     MLG side strut       600-0710 and 601-0546.
 March 19, 2001.                   600), CL-600-2A12    retraction
                                   (CL-601) and CL-     actuator eye bolt.
                                   600-2B16 (CL-601-
                                   3A and CL-601-3R)
                                   airplanes.
M-DT SB19090-32-4, dated March    CL-600-2B16 (CL-     MLG shock strut....  604-32-014.
 19, 2001.                         604) airplanes.
M-DT SB20020-32-5, dated July     CL-600-2B16 (CL-     NLG shock strut....  604-32-014.
 12, 2001.                         604) airplanes.
M-DT SB200814001-32-3, dated      CL-600-1A11 (CL-     NLG drag brace       600-0710 and 601-0546.
 March 19, 2001.                   600), CL-600-2A12    hinge pin.
                                   (CL-601) and CL-
                                   600-2B16 (CL-601-
                                   3A and CL-601-3R)
                                   airplanes.
M-DT SB200922001/2-32-6, dated    CL-600-1A11 (CL-     MLG shock strut....  600-0710.
 March 19, 2001.                   600) airplanes.
M-DT SB200924003/004-32-16,       CL-600-1A11 (CL-     NLG shock strut....  600-0710.
 dated July 12, 2001.              600) airplanes.
M-DT SB6100-32-10, dated March    CL-600-2A12 (CL-     MLG shock strut pin  601-0546.
 19, 2001.                         601) and CL-600-
                                   2B16 (CL-601-3A
                                   and CL-601-3R)
                                   airplanes.
M-DT SB6500-32-1, dated March     CL-600-1A11 (CL-     MLG side strut       600-0710 and 601-0546.
 19, 2001.                         600), CL-600-2A12    retraction
                                   (CL-601) and CL-     actuator.
                                   600-2B16 (CL-601-
                                   3A and CL-601-3R)
                                   airplanes.
M-DT SB7200-32-6, dated March     CL-600-1A11 (CL-     NLG drag brace       600-0710 and 601-0546.
 19, 2001.                         600), CL-600-2A12    hinge pin.
                                   (CL-601) and CL-
                                   600-2B16 (CL-601-
                                   3A and CL-601-3R)
                                   airplanes.
M-DT SB7300-32-16, dated July     CL-600-2A12 (CL-     NLG shock strut....  601-0546.
 12, 2001.                         601) and CL-600-
                                   2B16 (CL-601-3A
                                   and CL-601-3R)
                                   airplanes.
----------------------------------------------------------------------------------------------------------------

(h) Retained Requirement To Establish the Number of Landings

    This paragraph restates the actions required by paragraph (g) of
AD 2005-15-04, Amendment 39-14193 (70 FR 43032, July 26, 2005), with
revised affected airplanes. Except for Model CL-600-2B16 airplanes
having serial numbers 5314 through 5595 inclusive: At the applicable
time specified in paragraph (g) of this AD, if a component does not
have a serial number and the CSN or TSN were not tracked, use the
formula in the applicable Messier-Dowty service bulletin in table 1
to paragraph (g) of this AD to establish the number of landings (TSN
or CSN), and record the newly calculated TSN or CSN in the aircraft
log books.

(i) Retained Requirement To Revise the Airworthiness Limitations
Section (ALS)

    This paragraph restates the revision required by paragraph (h)
of AD 2005-15-04, Amendment 39-14193 (70 FR 43032, July 26, 2005),
with revised affected airplanes. Except for Model CL-600-2B16
airplanes having serial numbers 5514 through 5595 inclusive: Within
30 days after August 30, 2005 (the effective date of AD 2005-15-04),
revise the ALS of the applicable Instructions for Continued
Airworthiness to reflect the new life limits of the landing gear
parts by inserting copies of the Canadair temporary revisions (TR)
in table 2 to paragraph (i) of this AD into the ALS of the
applicable Canadair Time-Limits/Maintenance Check Manual. When the
contents of the TRs are included in the general revisions of the
ALS, these TRs may be removed provided the relevant information in
the ALS is identical to that in the TRs.

                        Table 2 to Paragraph (i) of This AD--Canadair Temporary Revisions
----------------------------------------------------------------------------------------------------------------
                                               Applicable Canadair Time-
              Temporary revision                Limits/Maintenance Check    Manual              Model
                                                         Manual            section
----------------------------------------------------------------------------------------------------------------
5-116, dated April 11, 2002..................  PSP 605..................    5-10-10  CL-600-1A11 (CL-600)
                                                                                airplanes.
5-190, dated April 11, 2002..................  PSP 601-5................    5-10-10  CL-600-2A12 (CL-601) and CL-
                                                                                600-2B16 (CL-601-3A and CL-
                                                                                601-3R) airplanes.
5-191, dated April 11, 2002..................  PSP 601-5................    5-10-11  CL-600-2A12 (CL-601) and CL-
                                                                                600-2B16 (CL-601-3A and CL-
                                                                                601-3R) airplanes.
5-192, dated April 11, 2002..................  PSP 601-5................    5-10-12  CL-600-2A12 (CL-601) and CL-
                                                                                600-2B16 (CL-601-3A and CL-
                                                                                601-3R) airplanes.
5-2-6, dated April 11, 2002..................  CL-604...................    5-10-10  CL-600-2B16 (CL-604)
                                                                                airplanes.
5-204, dated April 11, 2002..................  PSP 601A-5...............    5-10-10  CL-600-2A12 (CL-601) and CL-
                                                                                600-2B16 (CL-601-3A and CL-
                                                                                601-3R) airplanes.
5-205, dated April 11, 2002..................  PSP 601A-5...............    5-10-11  CL-600-2A12 (CL-601) and CL-
                                                                                600-2B16 (CL-601-3A and CL-
                                                                                601-3R) airplanes.
5-206, dated April 11, 2002..................  PSP 601A-5...............    5-10-12  CL-600-2A12 (CL-601) and CL-
                                                                                600-2B16 (CL-601-3A and CL-
                                                                                601-3R) airplanes.
----------------------------------------------------------------------------------------------------------------

(j) Retained Parts Installation Limitation

    This paragraph restates the limitations specified in paragraph
(i) of AD 2005-15-04, Amendment 39-14193 (70 FR 43032, July 26,
2005), with revised affected airplanes. Except for Model CL-600-2B16
airplanes having serial numbers 5514 through 5595 inclusive: As of
August 30, 2005 (the effective date of AD 2005-15-04), no person may
install on any airplane a landing gear part, unless it has had the
applicable part number or serial number added in accordance with
paragraph (g) of this AD; and has had the number of landings
established in accordance with paragraph (h) of this AD.

(k) Retained Stipulation of Information of No Reporting

    This paragraph restates the stipulation specified in paragraph
(j) of AD 2005-15-04, Amendment 39-14193 (70 FR 43032, July 26,
2005). Although the service bulletins identified in paragraph (g) of
this AD specify that operators should submit incorporation notices
to Bombardier after each new part number or serial number and
landings assigned to these parts is added, this AD does not include
that action.

(l) New Requirement of This AD: Add Serial Numbers and Part Numbers

    (1) For Model CL-600-2B16 (CL-604 Variant) airplanes: Within 96
months after the effective date of this AD, add serial numbers and
part numbers, as applicable, to the parts identified in paragraphs
(l)(1)(i) and (l)(1)(ii) of this AD, as applicable, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
604-32-014, Revision 02, dated May 9, 2011, including Appendix 1,
dated May 9, 2011, and Service Bulletin Information Sheet, dated
July 6, 2010.
    (i) For airplanes having serial numbers 5301 through 5513
inclusive: Main fitting/drag stay pin of the NLG having P/N
200811721.
    (ii) For airplanes having serial numbers 5301 through 5573
inclusive, 5579, and 5595: NLG crossbeam pins having P/N 200814601
and NLG center hinge pins having P/N 200814624.
    (2) For Bombardier Model CL-600-2A12 (CL-601) airplanes and
Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes:
Within 60 months after the effective date of this AD, add serial
numbers and part numbers, as applicable, to left and right MLG side
strut pins having P/N 6318-1 or 6318-3; and to left and right MLG
hinge pins having P/N 6329-3; in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 601-0546, Revision 03,
dated May 9, 2011, including Appendix 1, dated May 9, 2011, and
Service Bulletin Information Sheet, dated July 6, 2010.
    (3) For Bombardier Model CL-600-2A12 (CL-601) airplanes and
Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes:
Within 120 months after the effective date of this AD, add serial
numbers and part numbers, as applicable, to NLG main fitting/drag
stay pins having P/N 200811721; NLG drag brace pivot pins having P/N
200814601; and left and right MLG pintle pins having P/N 6324-1; in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 601-0546, Revision 03, dated May 9, 2011, including
Appendix 1, dated May 9, 2011, and Service Bulletin Information
Sheet, dated July 6, 2010.
    (4) For Bombardier Model CL-600-1A11 (CL-600) airplanes: Within
120 months after the effective date of this AD, add serial numbers
and part numbers, as applicable, to NLG main fitting/drag stay pins
having P/N 200811721 and NLG drag brace pivot pins having P/N
200814601, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 600-0710, Revision 03, dated May 9,
2011, including Appendix 1, dated May 9, 2011, and Service Bulletin
Information Sheet, dated July 6, 2010.

(m) New Requirement of This AD: Establish the Number of Landings (CSN)

    At the applicable times specified in paragraph (l) of this AD:
If a component does not have a serial number and the number of
landings (CSN) were not tracked, use the applicable service bulletin
specified in paragraph (m)(1), (m)(2), or (m)(3) of this AD to
establish the number of landings (CSN).
    (1) Appendix 1, dated May 9, 2011, of Bombardier Service
Bulletin 604-32-014, Revision 02, dated May 9, 2011, including
Service Bulletin Information Sheet, dated July 6, 2010 (for
Bombardier Model CL-600-2B16 (CL-604 Variant) airplanes).
    (2) Appendix 1, dated May 9, 2011, of Bombardier Service
Bulletin 601-0546, Revision 03, dated May 9, 2011, including Service
Bulletin Information Sheet, dated July 6, 2010 (for Model CL-600-
2A12 (CL-601) airplanes and Model CL-600-2B16 (CL-601-3A and CL-601-
3R Variants) airplanes).
    (3) Appendix 1, dated May 9, 2011, of Bombardier Service
Bulletin 600-0710, Revision 03, dated May 9, 2011, including Service
Bulletin Information Sheet, dated July 6, 2010 (for Bombardier Model
CL-600-1A11 (CL-600) airplanes).

(n) New Requirement of This AD: Records Update

    Concurrently with the actions specified in paragraphs (l) and
(m) of this AD: Record any newly calculated number of landings
(CSN), new part numbers, and new serial numbers in the airplane
technical records and manuals.

(o) New Requirement of This AD: Parts Installation Limitation

    As of the effective date of this AD, no person may install on
any airplane a landing gear part identified in paragraph (l) of this
AD, unless it has had the applicable part number or serial number
added as required by paragraph (l) of this AD, and had the number of
landings (CSN) established as required by paragraph (m) of this AD.

(p) New Action of This AD: Optional Method of Compliance

    Accomplishing the action required by paragraph (g) of this AD,
in accordance with the Accomplishment Instructions of the applicable
service bulletin specified in paragraph (p)(1), (p)(2), or (p)(3) of
this AD, is acceptable for compliance with the requirements of
paragraph (g) of this AD.

    (1) Bombardier Service Bulletin 601-0546, Revision 03, dated May
9, 2011, including Appendix 1, dated May 9, 2011, and Service
Bulletin Information Sheet, dated July 6, 2010 (for Model CL-600-
2A12 (CL-601) airplanes and Model CL-600-2B16 (CL-601-3A and CL-601-
3R Variants) airplanes).
    (2) Bombardier Service Bulletin 604-32-014, Revision 02, dated
May 9, 2011, including Appendix 1, dated May 9, 2011, and Service
Bulletin Information Sheet, dated July 6, 2010 (for Model CL-600-
2B16 (CL-604 Variant) airplanes).
    (3) Bombardier Service Bulletin 600-0710, Revision 03, dated May
9, 2011, including Appendix 1, dated May 9, 2011, and Service
Bulletin Information Sheet, dated July 6, 2010 (for Model CL-600-
1A11 (CL-600) airplanes).

(q) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before
August 30, 2005 (the effective date of AD 2005-15-04, Amendment 39-
14193 (70 FR 43032, July 26, 2005)), using the applicable service
bulletin specified in paragraph (q)(1)(i), (q)(1)(ii), or
(q)(1)(iii) of this AD, which are not incorporated by reference in
this AD.
    (i) Bombardier Service Bulletin 601-0546, dated May 31, 2002
(for Model CL-600-2A12 (CL-601) airplanes and Model CL-600-2B16 (CL-
601-3A and CL-601-3R Variants) airplanes).
    (ii) Bombardier Service Bulletin 600-0710, dated May 31, 2002
(for Model CL-600-1A11 (CL-600) airplanes).
    (iii) Bombardier Service Bulletin 604-32-014, dated May 31, 2002
(for Model CL-600-2B16 (CL-604 Variant) airplanes).
    (2) This paragraph provides credit for the addition of serial
numbers and part numbers required by paragraph (l) of this AD, if
those actions were performed before the effective date of this AD
using the applicable service bulletin specified in paragraph
(q)(2)(i), (q)(2)(ii), or (q)(2)(iii) of this AD, which are not
incorporated by reference in this AD.
    (i) Bombardier Service Bulletin 604-32-014, Revision 01, dated
October 29, 2007 (for Bombardier Model CL-600-2B16 (CL-604 Variant)
airplanes).
    (ii) Bombardier Service Bulletin 601-0546, Revision 02, dated
October 29, 2007 (for Model CL-600-2A12 (CL-601) airplanes and Model
CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes).
    (iii) Bombardier Service Bulletin 600-0710, Revision 02, dated
October 29, 2007 (for Bombardier Model CL-600-1A11 (CL-600)
airplanes).
    (3) This paragraph provides credit for the establishment of the
number of landings (CSN) required by paragraph (m) of this AD, if
those actions were performed before the effective date of this AD
using the applicable service bulletin information sheet specified in
paragraph (q)(3)(i), (q)(3)(ii), or (q)(3)(iii) of this AD.
    (i) Service Bulletin Information Sheet, dated July 6, 2010, of
Bombardier Service Bulletin 604-32-014 (for Bombardier Model CL-600-
2B16 (CL-604 Variant) airplanes).
    (ii) Service Bulletin Information Sheet, dated July 6, 2010, of
Bombardier Service Bulletin 601-0546 (for Bombardier Model CL-600-
2A12 (CL-601) and Model CL-600-2B16 (CL-601-3A and CL-601-3R
Variants) airplanes).
    (iii) Service Bulletin Information Sheet, dated July 6, 2010 of
Bombardier Service Bulletin 600-0710 (for Bombardier Model CL-600-
1A11 (CL-600) airplanes).

(r) 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<PHONE_NUMBER>; 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. AMOCs approved previously in accordance with AD
2005-15-04, Amendment 39-14193 (70 FR 43032, July 26, 2005), are
approved as AMOCs for the corresponding provisions of 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.

(s) Related Information

    (1) Refer to the Mandatory Continuing Airworthiness Information
Canadian Airworthiness Directives specified in paragraphs (s)(1)(i),
(s)(1)(ii), and (s)(1)(iii) of this AD for related information.
These MCAIs may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2013-1065.
    (i) Canadian Airworthiness Directive CF-2003-18R2, dated
September 28, 2011.
    (ii) Canadian Airworthiness Directive CF-2003-20R1, dated
September 28, 2011.
    (iii) Canadian Airworthiness Directive CF-2003-21R2, dated
September 28, 2011.
    (2) For Bombardier, Inc./Canadair service information identified
in this proposed AD, contact Bombardier, Inc., 400 C[ocirc]te-Vertu
Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-
5000; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com. For Messier-Dowty service information
identified in this proposed AD, contact Messier Services Americas,
Customer Support Center, 45360 Severn Way, Sterling, VA 20166-8910.
You may view this 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<PHONE_NUMBER>.

    Issued in Renton, Washington, on December 19, 2013.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-31185 Filed 12-27-13; 8:45 am]
BILLING CODE 4910-13-P