[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Proposed Rules]
[Pages 89881-89885]
[FR Doc No: 2016-28622]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-7529; Directorate Identifier 2014-NM-207-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.

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SUMMARY: We are revising an earlier proposal to supersede Airworthiness
Directive (AD) 2014-16-02 for certain Bombardier, Inc. Model CL-600-
1A11 (CL-600) airplanes. This action revises the notice of proposed
rulemaking (NPRM) by reducing the compliance time to modify the thrust
reversers, and adding new modification procedures. We are proposing
this AD to address the unsafe condition on these products. Since these
actions impose an additional burden over those proposed in the NPRM, we
are reopening the comment period to allow the public the chance to
comment on these proposed changes.

DATES: We must receive comments on this SNPRM by January 27, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<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 service information identified in this SNPRM, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; Widebody Customer Response Center North America; toll-
free telephone number 1-866-538-1247 or direct-dial telephone number 1-
514-855-2999; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet http://www.bombardier.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<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
7529; or in person at the Docket Management Facility 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
Office (telephone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
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-2015-7529;
Directorate Identifier 2014-NM-207-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to supersede AD 2014-16-
02, Amendment 39-17926 (79 FR 46968, August 12, 2014) (``AD 2014-16-
02''). AD 2014-16-02 applies to certain Bombardier, Inc. Model CL-600-
1A11 (CL-600) airplanes. The NPRM published in the Federal Register on
December 24, 2015 (80 FR 80293) (``the NPRM''). The NPRM was prompted
by a determination that it is necessary to add a requirement to repair
or modify the thrust reversers, which would terminate the requirements
of AD 2014-16-02. The NPRM proposed to continue to require the actions
specified in AD 2014-16-02. The NPRM also proposed to require repair or
modification of the thrust reversers. This action revises the NPRM by
reducing the compliance time to modify the thrust reversers, and adding
new modification procedures.

Actions Since Previous NPRM Was Issued

    Since we issued the NPRM, Transport Canada Civil Aviation (TCCA),
which is the aviation authority for Canada, issued Canadian
Airworthiness Directive CF-2014-19R1, dated March 14, 2016 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Bombardier,
Inc. Model CL-600-1A11 (CL-600) airplanes. The MCAI states:

    There have been two reported incidents of partial deployment of
an engine thrust reverser in-flight, caused by a failure of the
translating sleeve at the thrust reverser actuator attachment
points. Inspection of the same area on some other thrust reversers
revealed cracks emanating from the holes under the nut plates.
    In both incidents, the affected aeroplane landed safely without
any noticeable controllability issues, however structural failure of
thrust reverser actuator attachment points resulting in thrust
reverser deployment or dislodgment in flight is a safety hazard
warranting an immediate mitigating action.
    To help in mitigating any immediate safety hazard, Bombardier
Inc. has revised the Aircraft Flight Manual (AFM) through Temporary
Revisions (TR) 600/29, 600/30, 600-1/24 and 600-1/26, to prohibit
the thrust reverser operation on affected aeroplanes. Additionally,
as an interim corrective action, Bombardier Inc. has issued alert
service bulletin (ASB) A600-0769 requiring an inspection and/or a
mechanical lock out of the thrust reverser to prevent it from moving
out of forward thrust mode.
    Original [TCCA] Emergency AD CF-2014-19 was issued 20 June 2014
to mandate the incorporation of above mentioned revised AFM
procedures and compliance with ASB A600-0769. This [TCCA] AD is now
being revised to include the terminating action in accordance with
Part C of the ASB A600-0769 Rev 02 dated 22 February 2016.

    We reduced the compliance time for modification of the thrust
reversers specified in paragraph (k) of this SNPRM to match the
compliance time specified in the MCAI. We also added new procedures in
paragraph (k) of this SNPRM for modifying the thrust reversers.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
7529.

Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier Alert Service Bulletin A600-0769, Revision
02, dated February 22, 2016. The service information describes
procedures for modifying the thrust reversers on both engines. The
modification includes inspections for cracks and elongated holes.
    We also reviewed the following TRs, which introduce procedures to
prohibit thrust reverser operation. These documents are distinct since
they apply to different airplane configurations.
     Canadair TR 600/29-2, dated January 18, 2016, to the
Canadair CL-600-1A11 AFM.
     Canadair TR 600-1/24-2, dated January 18, 2016, to the
Canadair CL-600-1A11 AFM (Winglets).
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Comments

    We gave the public the opportunity to participate in developing
this proposed AD. We considered the comments received.

Request To Cite Most Recent Service Information

    Bombardier, Inc. requested that we revise the proposed AD (in the
NPRM) to cite the most recent AFMs. Bombardier, Inc. explained that the
AFM TRs mentioned in paragraph (g) of the proposed AD (in the NPRM)
have been revised to include AFM TRs 600/30-2, 600-1/26-2, 600/29-2,
and 600-1/24-2, all dated January 18, 2016.
    We agree to refer to the revised AFM TRs that apply to U.S.-
registered airplanes in paragraphs (g)(1) and (g)(2) of this proposed
AD. Those TRs are Canadair TR 600/29-2, dated January 18, 2016, to the
Canadair CL-600-1A11 AFM; and Canadair TR 600-1/24-2, dated January 18,
2016, to the Canadair CL-600-1A11 AFM (Winglets).
    Bombardier, Inc. also requested that we refer to Bombardier Alert
Service Bulletin A600-0769, Revision 02, dated February 22, 2016, as
described previously.
    We agree with the commenter's request. We revised the introductory
text of paragraph (h) and paragraphs (h)(2), (i), and (k) of this
proposed AD to refer to Bombardier Alert Service Bulletin A600-0769,
Revision 02, dated February 22, 2016. We also clarified the

actions specified in paragraphs (h)(2) and (i) of this proposed AD by
referring to Part B of Bombardier Alert Service Bulletin A600-0769,
Revision 02, dated February 22, 2016, for the modification specified in
those paragraphs.
    In addition, paragraph (k) of the proposed AD (in the NPRM)
specified doing a repair or modification using a method approved by the
Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA; or
Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA
Design Approval Organization (DAO). Because Part C of Bombardier Alert
Service Bulletin A600-0769, Revision 02, dated February 22, 2016, is
the appropriate source of service information for doing the terminating
action (i.e., modifying the thrust reversers), we have revised
paragraph (k) of this proposed AD to refer to that service information.
However, under the provisions of paragraph (n)(1) of this proposed AD,
we will consider requests for approval of other repairs or
modifications if sufficient data are submitted to substantiate that the
repair or modification would provide an acceptable level of safety.

Request To Specify Terminating Action

    Bombardier, Inc. requested that we revise paragraph (k) of the
proposed AD (in the NPRM) to specify that doing the actions specified
in that paragraph terminates the requirements of paragraph (g) of the
proposed AD.
    We agree with the commenter's request. The MCAI states that
accomplishing the modification in Part C of Bombardier Alert Service
Bulletin A600-0769, Revision 02, dated February 22, 2016, terminates
the inspections and interim modification. However, we have determined
that accomplishing the actions in Part C of Bombardier Alert Service
Bulletin A600-0769, Revision 02, dated February 22, 2016, also
terminates the requirement for the AFM revisions specified in paragraph
(g) of this proposed AD. The TRs specified in paragraph (g) of this
proposed AD only apply to airplanes on which the actions specified in
Part C of Bombardier Alert Service Bulletin A600-0769, Revision 02,
dated February 22, 2016, have not been done. We have revised paragraph
(k) of this proposed AD accordingly.

Request To Revise Phone Number and Email

    Bombardier, Inc. requested that we revise the NPRM to include
revised contact information for the widebody customer response center.
    We agree and have revised the ADDRESSES section of this SNPRM and
paragraph (o)(2) of this proposed AD accordingly.

FAA's Determination and Requirements of This SNPRM

    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 these
same type designs.
    Certain changes described above expand the scope of the NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.

Differences Between This SNPRM and the MCAI or Service Information

    Part C of Bombardier Alert Service Bulletin A600-0769, Revision 02,
dated February 22, 2016, specifies to do certain inspections for cracks
and elongated holes, but does not specify corrective actions for
airplanes on which any crack or elongated hole is found. Paragraph (l)
of this proposed AD would require that for any cracking or elongated
hole, a repair be done using a method approved by the Manager, New York
ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.

Costs of Compliance

    We estimate that this proposed AD would affect 18 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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AFM revision; inspection [retained      29 work-hours x $85 per              N/A          $2,465         $44,370
 actions from AD 2014-16-02].            hour = $2,465.
New modification......................  100 work-hours x $85 per            $509           9,009         162,162
                                         hour = $8,500.
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    We estimate the following costs to do any necessary modifications
that would be required based on the results of the proposed inspection.
We have no way of determining the number of airplanes that might need
this modification:

                                               On-Condition Costs
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                                                                                Cost per
                Action                                 Labor cost                   Parts cost        product
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Modification..........................  36 work-hours x $85 per hour = $3,060...            $509          $3,569
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    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions for the inspections that
are part of the new modification specified in this proposed AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in

air commerce by prescribing regulations for practices, methods, and
procedures the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority because
it addresses an unsafe condition that is likely to exist or develop on
products identified in this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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)
2014-16-02, Amendment 39-17926 (79 FR 46968, August 12, 2014), and
adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2015-7529; Directorate Identifier
2014-NM-207-AD.

(a) Comments Due Date

    We must receive comments by January 27, 2017.

(b) Affected ADs

    This AD replaces AD 2014-16-02, Amendment 39-17926 (79 FR 46968,
August 12, 2014) (``AD 2014-16-02'').

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-1A11 (CL-600)
airplanes, certificated in any category, serial numbers 1004 through
1085 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 78, Engine
Exhaust.

(e) Reason

    This AD was prompted by reports of partial deployment of an
engine thrust reverser in flight caused by a failure of the
translating sleeve at the thrust reverser attachment points. We are
issuing this AD to detect and correct cracks of the translating
sleeve at the thrust reverser actuator attachment points, which
could result in deployment or dislodgement of an engine thrust
reverser in flight and subsequent reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Retained Airplane Flight Manual (AFM) Revision With Revised Service
Information

    This paragraph restates the requirements of paragraph (g) of AD
2014-16-02, with revised service information. Within 1 calendar day
after August 12, 2014 (the effective date of AD 2014-16-02): Revise
the applicable sections of the AFM to include the information
specified in the temporary revisions (TRs) identified in paragraphs
(g)(1) and (g)(2) of this AD, as applicable. These TRs introduce
procedures to prohibit thrust reverser operation. Operate the
airplane according to the limitations and procedures in the TRs
identified in paragraphs (g)(1) and (g)(2) of this AD, as
applicable. The revision required by paragraph (g) of this AD may be
done by inserting copies of the applicable TRs identified in
paragraphs (g)(1) and (g)(2) of this AD into the AFM. When these TRs
have been included in the general revisions of the AFM, the general
revisions may be inserted in the AFM, provided the relevant
information in the general revision is identical to that in the
applicable TRs, and the TRs may be removed.
    (1) Canadair TR 600/29-2, dated June 20, 2014, to the Canadair
CL-600-1A11 AFM; or Canadair TR 600/29-2, dated January 18, 2016, to
the Canadair CL-600-1A11 AFM. As of the effective date of this AD,
use only Canadair TR 600/29-2, dated January 18, 2016, to the
Canadair CL-600-1A11 AFM.
    (2) Canadair TR 600-1/24, dated June 20, 2014, to the Canadair
CL-600-1A11 AFM (Winglets), including Erratum, Publication No. PSP
600-1AFM (US), TR No. 600-1/24, June 20, 2014; or Canadair TR 600-1/
24-2, dated January 18, 2016, to the Canadair CL-600-1A11 AFM
(Winglets). As of the effective date of this AD, use only Canadair
TR 600-1/24-2, dated January 18, 2016, to the Canadair CL-600-1A11
AFM (Winglets).

(h) Retained Repetitive Inspections and Modifications, With Revised
Service Information

    This paragraph restates the requirements of paragraph (h) of AD
2014-16-02, with revised service information. Within 25 flight
cycles or 90 days, whichever occurs first, after August 12, 2014
(the effective date of AD 2014-16-02), do detailed inspections
(including a borescope inspection) of both engine thrust reversers
for cracks, in accordance with the Accomplishment Instructions of
Bombardier Alert Service Bulletin A600-0769, Revision 01, dated June
26, 2014; or Bombardier Alert Service Bulletin A600-0769, Revision
02, dated February 22, 2016. As of the effective date of this AD,
use only Bombardier Alert Service Bulletin A600-0769, Revision 02,
dated February 22, 2016.
    (1) If no cracking is found during any inspection required by
paragraph (h) of this AD, repeat the inspection required by
paragraph (h) of this AD thereafter at intervals not to exceed 100
flight cycles until the repair or modification specified in
paragraph (i) or (k) of this AD is done.
    (2) If any cracking is found during any inspection required by
paragraph (h) of this AD, before further flight, modify the thrust
reversers on both engines, in accordance with Part B of the
Accomplishment Instructions of Bombardier Alert Service Bulletin
A600-0769, Revision 01, dated June 26, 2014; or Bombardier Alert
Service Bulletin A600-0769, Revision 02, dated February 22, 2016. As
of the effective date of this AD, use only Bombardier Alert Service
Bulletin A600-0769, Revision 02, dated February 22, 2016.

(i) Retained Optional Terminating Modification, With Revised Service
Information

    This paragraph restates the optional terminating action
specified in paragraph (i) of AD 2014-16-02, with revised service
information. Modifying the thrust reversers on both engines, in
accordance with Part B of the Accomplishment Instructions of
Bombardier Alert Service Bulletin A600-0769, Revision 01, dated June
26, 2014; or Bombardier Alert Service Bulletin A600-0769, Revision
02, dated February 22, 2016; terminates the inspections required by
paragraph (h) of this AD. As of the effective date of this AD, use
only Bombardier Alert Service Bulletin A600-0769, Revision 02, dated
February 22, 2016.

(j) Retained Credit for Previous Actions, With No Changes

    This paragraph restates the credit provided in paragraph (j) of
AD 2014-16-02, with no changes. This paragraph provides credit for
actions required by paragraphs (h) and (i) of this AD, if those
actions were performed before August 12, 2014 (the effective date of
AD 2014-16-02), using Bombardier Alert Service Bulletin A600-0769,
dated June 19, 2014.

(k) New Requirement of This AD: Modification and Inspections

    Within 24 months after the accomplishing the modification
specified in paragraph (h)(2) of this AD, or within 48 months after

accomplishing the initial inspection required by paragraph (h) of
this AD, whichever occurs later: Modify the thrust reversers on both
engines, including doing the inspections specified in paragraphs
(k)(1) through (k)(6) of this AD, in accordance with Part C of the
Accomplishment Instructions of Bombardier Alert Service Bulletin
A600-0769, Revision 02, dated February 22, 2016, except as required
by paragraphs (m)(1) and (m)(2) of this AD. Modification of all
thrust reversers terminates the requirements of paragraphs (g), (h),
and (i) of this AD.
    (1) Do general visual inspections of the flipper doors for
cracks.
    (2) Do a general visual inspection of the thrust reverser skin,
frames, joints, splices, and fasteners for cracks.
    (3) Do a general visual inspection of the thrust reverser for
cracks.
    (4) Do liquid penetrant or eddy current inspections, as
applicable, of the frames for cracks.
    (5) Do a detailed visual inspection of the frames for cracks and
elongated holes, and do a liquid penetrant inspection of the frames
for cracks.
    (6) Do a liquid penetrant or an eddy current inspection of the
translating sleeve skin for cracks.

(l) New Requirement of This AD: Repair

    If, during any inspection required by paragraph (k) of this AD,
any cracking or elongated hole is found, before further flight,
repair using a method approved by the Manager, New York Aircraft
Certification Office (ACO), ANE-170, FAA; or Transport Canada Civil
Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval
Organization (DAO).

(m) New Exceptions to Service Information

    (1) If is not possible to follow all instructions specified in
Bombardier Alert Service Bulletin A600-0769, Revision 02, dated
February 22, 2016, during accomplishment of the actions required by
paragraph (k) of this AD, before further flight, repair using a
method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA;
or Bombardier, Inc.'s TCCA DAO.
    (2) Where Bombardier Alert Service Bulletin A600-0769, Revision
02, dated February 22, 2016, specifies to contact Bombardier if shim
thickness is over the applicable thicknesses identified in
Bombardier Alert Service Bulletin A600-0769, Revision 02, dated
February 22, 2016, before further flight, repair using a method
approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or
Bombardier, Inc.'s TCCA DAO.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO, ANE-170, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the New York ACO, send it to
ATTN: Program Manager, Continuing Operational Safety, FAA, New York
ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone:
516-228-7300; fax:<PHONE_NUMBER>. 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.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or
Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval
must include the DAO-authorized signature.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2014-19R1, dated March 14, 2016, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2015-7529.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America; toll-free telephone number 1-866-538-1247 or direct-
dial telephone number 1-514-855-2999; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. 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 November 18, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-28622 Filed 12-12-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: October 3, 2005 (Volume 70, Number 190)]
[Notices]
[Page 57592-57593]
[DOCID:fr03oc05-96]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 382-026 and 178-017]

Southern California Edison Company, Pacific Gas & Electric
Company; Notice of Availability of Final Environmental Assessment

September 27, 2005.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed the applications for license for the
Borel Hydroelectric

Project (P-382-026) and Kern Canyon Hydroelectric Project (P-178-017)
and has prepared a Final Environmental Assessment (FEA) for the
projects. The Borel Hydroelectric Project is located on the Kern River
near the town of Bodfish in Kern County, California. The canal intake
for the project is located on approximately 188 acres of Sequoia
National Forest Service lands. The Kern Canyon Hydroelectric Project is
located on the Kern River, near the town of Bakersfield in Kern County,
California. The project occupies approximately 11.26 acres of public
land located within the Sequoia National Forest.
    The FEA contains the Staff's analysis of the potential
environmental impacts of the projects and concludes that licensing the
projects, with appropriate environmental protective measures, would not
constitute a major federal action that would significantly affect the
quality of the human environment.
    A copy of the FEA is on file with the Commission and is available
for public inspection. The FEA is available for review at the
Commission or may be viewed on the Commission's Web site at http://www.ferc.gov
, using the ``eLibrary'' link. Enter the docket number

excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.
    For further information, contact Emily Carter at<PHONE_NUMBER> or
<EMAIL_ADDRESS>

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5402 Filed 9-30-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28335-28337]
[FR Doc No: 2018-13006]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0013]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 11 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.

DATES: Comments must be received on or before July 18, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0013 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 11 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
    In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec.  4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes and traffic
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.

    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.

II. Qualifications of Applicants

Scott B. Barker

    Mr. Barker, 63, has had macular degeneration in his right eye since
2011. The visual acuity in his right eye is 20/70, and in his left eye,
20/20. Following an examination in 2018, his optometrist stated, ``Mr.
Barker has ``sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' [sic].'' Mr. Barker reported that he
has driven straight trucks for two years, accumulating 40,000 miles,
and tractor-trailer combinations for 42 years, accumulating 2.5 million
miles. He holds a Class A CDL from Washington. His driving record for
the last three years shows no crashes and no convictions for moving
violations in a CMV.

Christopher L. Binkley

    Mr. Binkley, 27, has retinal scarring in his right eye due to
toxoplasmosis in childhood. The visual acuity in his right eye is 20/
400, and in his left eye, 20/15. Following an examination in 2018, his
optometrist stated, ``It is my medical opinion that, in spite of
reduced central acuity in the right eye, Christopher's excellent
binocular acuity and full binocular visual field provide him sufficient
vision to safely operate a commercial vehicle.'' Mr. Binkley reported
that he has driven straight trucks for nine years, accumulating 162,000
miles. He holds an operator's license from New Hampshire. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.

Darrell B. Emery

    Mr. Emery, 42, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2018, his optometrist stated, ``He has
20/20 acuity with the right eye and 20/20 acuity with both eyes. This
seems to be satisfactory for commercial driving.'' Mr. Emery reported
that he has driven straight trucks for one year, accumulating 60,000
miles and tractor-trailer combinations for three years, accumulating
330,000 miles. He holds a Class A CDL from Texas. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

Louis D. Faw

    Mr. Faw, 63, has a macular scar in his left eye due to a traumatic
incident in 2005. The visual acuity in his right eye is 20/20, and in
his left eye, count fingers. Following an examination in 2018, his
ophthalmologist stated, ``I certify that, in my opinion, the patient
has sufficient vision to perform the task required to operate a
commercial vehicle.'' Mr. Faw reported that he has driven straight
trucks for 46 years, accumulating 667,000 miles, and tractor-trailer
combinations for 35 years, accumulating 175,000 miles. He holds a Class
A CDL from North Carolina. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

Troy L. Hargrave

    Mr. Hargrave, 54, has had glaucoma in his left eye since 2014. The
visual acuity in his right eye is 20/15, and in his left eye, no light
perception. Following an examination in 2017, his ophthalmologist
stated, ``Obviously, Mr. Hargrave has sufficient vision to perform
driving tasks required to operate a commercial vehicle as he is
currently legally driving a commercial vehicle for employment.'' Mr.
Hargrave reported that he has driven straight trucks for 25 years,
accumulating 650,000 miles, and tractor-trailer combinations for 12
years, accumulating 1.2 million miles. He holds a Class A CDL from
Missouri. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

Randall J. Kau

    Mr. Kau, 54, has had aphakia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/800.
Following an examination in 2018, his optometrist stated, ``Mr. Kau has
been driving for many years with his current vision and I feel he is
safe to continue to operate a commercial vehicle.'' Mr. Kau reported
that he has driven straight trucks for 30 years, accumulating 600,000
miles. He holds an operator's license from Wisconsin. His driving
record for the last three years shows one crash, for which he was not
cited, and no convictions for moving violations in a CMV.

James O'Brien

    Mr. O'Brien, 51, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
70. Following an examination in 2017, his optometrist stated, ``In my
professional opinion he has sufficient vision to perform all driving
tasks required to operate commercial vehicles.'' Mr. O'Brien reported
that he has driven straight trucks for 32 years, accumulating 1.28
million miles. He holds an operator's license from Massachusetts. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Patrick A. Piekkola

    Mr. Piekkola, 44, has a prosthetic left eye due to a traumatic
incident in 1980. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2017,
his ophthalmologist stated, ``It is our opinion that Patrick has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Piekkola reported that he

has driven straight trucks for six years, accumulating 180,000 miles,
and tractor-trailer combinations for four years, accumulating 40,000
miles. He holds an operator's license from South Dakota. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.

Marco A. Pinto

    Mr. Pinto, 70, has a prosthetic left eye due to a traumatic
incident in 2001. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2018,
his ophthalmologist stated, ``I believe he has sufficient vision to
perform the driving tasks needed to operate a commercial vehicle.'' Mr.
Pinto reported that he has driven tractor-trailer combinations for 54
years, accumulating 5.4 million miles. He holds a Class A CDL from New
York. His driving record for the last three years shows no crashes and
no convictions for moving violations in a CMV.

Andrew R. Sampson, Jr.

    Mr. Sampson, 50, has complete loss of vision in his left eye due to
a ruptured globe in childhood. The visual acuity in his right eye is
20/15, and in his left eye, no light perception. Following an
examination in 2018, his optometrist stated, ``I certify that Mr.
Sampson, in my medical opinion, has sufficient vision to perform
driving tasks required to operate a commercial vehicle.'' Mr. Sampson
reported that he has driven straight trucks for 15 years, accumulating
720,000 miles, and tractor-trailer combinations for two years,
accumulating 80,000 miles. He holds a Class A CDL from Maryland. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Khamla Vongvoraseng

    Ms. Vongvoraseng, 37, has had amblyopia in her right eye since
childhood. The visual acuity in her right eye is 20/100, and in her
left eye, 20/20. Following an examination in 2018, her optometrist
stated, ``Without a doubt, I certify that in my medical opinion, Ms.
Khamla Vongvoraseng has sufficient vision to perform the driving task
required to operate a commercial vehicle.'' Ms. Vongvoraseng reported
that she has driven straight trucks for five years, accumulating
121,920 miles. She holds an operator's license from North Carolina. Her
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated in
the dates section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2018-0013 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2018-0013 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-13006 Filed 6-15-18; 8:45 am]
 BILLING CODE 4910-EX-P