[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Rules and Regulations]
[Pages 1145-1149]
[FR Doc No: 2013-00211]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0824]
RIN 1625-AA11

Regulated Navigation Area; Housatonic River, Bridge Replacement
Operations; Stratford, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) on the navigable waters of the Housatonic River surrounding the
Interstate 95 (I-95) Bridge, between Stratford and Milford, CT. This
RNA allows the Coast Guard to enforce speed and wake restrictions and
prohibit all vessel traffic through the RNA during bridge replacement
operations, both planned and unforeseen, that could pose an imminent
hazard to persons and vessels operating in the area. This rule is
necessary to provide for the safety of life on the navigable waters
during the replacement of the bridge.

DATES: This rule is effective and will be enforced from January, 7,
2013 through November 30, 2017.
    Comments and related material may be received by the Coast Guard
through the effective period.

    Requests for public meetings must be received by the Coast Guard on
or before January 29, 2013.

ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2012-0824. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may submit comments, identified by docket number, using any one
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Joseph Graun, Prevention Department, U.S.
Coast Guard Sector Long Island Sound,<PHONE_NUMBER>,
<EMAIL_ADDRESS>or Lieutenant Isaac M. Slavitt, Waterways
Management Division, U.S. Coast Guard First District,<PHONE_NUMBER>.
If you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

    COTP Captain of the Port
    DHS Department of Homeland Security
    FR Federal Register
    I-95 Interstate 95
    LIS Long Island Sound
    NPRM Notice of Proposed Rulemaking
    RNA Regulated navigation area
    RR Railroad

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking.
    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 self-
addressed, stamped, postcard or envelope. We will consider all comments
and material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We currently do not plan to hold a public meeting. You may,
however, submit a request for one, using one of the methods specified
under ADDRESSES. Please explain why you believe a public meeting would
be beneficial. If we determine that one would aid in this rulemaking,
we will hold one at a time and place announced by a later notice in the
Federal Register.

B. Regulatory History and Information

    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule.
    A full waterway closure was not requested of the Coast Guard until
November 21, 2012 when the Connecticut Department of Transportation (CT
DOT) requested a complete waterway closure beginning January 7, 2013.
This late submission did not give the Coast Guard enough time to
publish an NPRM, take public comments, and issue a final rule before
work begins in January.
    It would be impracticable and contrary to the public interest to
delay promulgating this rule, as it is necessary to protect the safety
of both the construction crew and the waterway users operating in the
vicinity of the bridge construction zone. A delay or cancellation of
the currently ongoing bridge rehabilitation project in order to
accommodate a full notice and comment period would delay necessary
operations, result in increased costs, and delay the date when the
bridge is expected to reopen for normal operations. The Coast Guard
believes it would be impracticable and contrary to the public interest
to delay this regulation. At any time, the Coast Guard may publish an
amended rule if necessary to address public concerns.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that

good cause exists for making this rule effective less than 30 days
after publication in the Federal Register.

C. Basis and Purpose

    Under the Ports and Waterways Safety Act, 33 U.S.C. 1221-1236, and
Department of Homeland Security Delegation No. 0170.1, the Coast Guard
has the authority to establish RNAs in defined water areas that are
determined to have hazardous conditions and in which vessel traffic can
be regulated in the interest of safety.
    The purpose of this rulemaking is to provide for safety on the
navigable waters in the regulated area during bridge reconstruction.

D. Discussion of the Interim Rule

    The Coast Guard is establishing an RNA on the navigable waters of
the Housatonic River surrounding the Moses Wheeler Bridge which spans
from Stratford to Milford, CT. This RNA allows the Captain of the Port
Sector Long Island Sound (COTP) to establish speed and wake
restrictions and to prohibit vessel traffic on this portion of the
river for limited periods when necessary for the safety of vessels and
workers during construction work in the channel. The Coast Guard will
enforce a six knot speed limit as well as a ``NO WAKE'' zone and be
able to close the designated area to all vessel traffic during any
circumstance, planned or unforeseen, that poses an imminent threat to
waterway users or construction operations in the area. Complete
waterway closures will be minimized to that period absolutely necessary
and made with as much advanced notice as possible. During closures,
mariners may request permission from the COTP to transit through the
RNA.
    This rule was prompted by the navigation safety situation created
by reconstruction of the Moses Wheeler Bridge (sometimes referred to as
the Interstate-95 (I-95) Bridge or the Housatonic River Bridge). This
bridge carries I-95 (Connecticut Turnpike) over the Housatonic River
between Stratford and Milford CT. The present bridge was built in the
1950s and designed with a 50 year life span. The bridge has surpassed
its useable life span and the Connecticut Department of Transportation
(CT DOT) has contracted to construct a replacement bridge. The
contractor has begun bridge construction and is scheduled to complete
the project in 2017.
    The Coast Guard has discussed this project with CT DOT to determine
whether the project can be completed without channel closures and, if
possible, what impact that would have on the project timeline. Through
these discussions, it became clear that while the majority of
construction activities during the span of this project would not
require waterway closures, there are certain tasks that can only be
completed in the channel and will require closing the waterway.
Specifically, this includes the demolition of steel support beams.
These large and extremely heavy steel support beams are suspended 55
feet above the water; to demolish them, they must be cut into sections
and lowered on to a barge. This process will be extremely complex and
presents many safety hazards including overhead crane operations,
overhead cutting operations, potential falling debris, and barges
positioned in the channel with a restricted ability to maneuver.
    In a letter to the U.S. Coast Guard dated November 21, 2012, CT DOT
outlined two phases of operations that require in-channel work, two
steps of which will require waterway closures. CT DOT will notify the
Coast Guard as far in advance as possible if additional closures are
needed. The Coast Guard has a copy of this letter in the docket.
    The first planned closure period will be three days during January
of 2013. The purpose of this closure is to remove the steel support
beams of the existing Moses Wheeler Bridge northbound span. Currently,
the Coast Guard anticipates the three days will be weekdays and the
closure will be in effect from 7 a.m. through 7 p.m.
    The second planned closure period is anticipated to be three days
during January of 2014. The purpose of this closure is to remove the
steel support beams of the existing Moses Wheeler Bridge southbound
span. The three days will be weekdays and the closure will be in effect
from 7 a.m. through 7 p.m.
    Entry into, anchoring, or movement within this RNA during a closure
is prohibited unless authorized by the COTP or a designated
representative.
    If the project is completed before November 30, 2017, the COTP will
suspend enforcement of the RNA. The COTP will ensure that any notice of
the suspension of enforcement reaches affected segments of the public
by all appropriate means. Such means of notification could include, but
would not be limited to, Broadcast Notice to Mariners and Local Notice
to Mariners.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking will not be a
significant regulatory action for the following reasons: Vessel traffic
will only be restricted from the RNA for limited durations and the RNA
covers only a small portion of the navigable waterways and all closures
currently planned are scheduled during winter months when vessel
traffic is low. Advanced public notifications will also be made to
local mariners through appropriate means, which could include, but
would not be limited to, Local Notice to Mariners and Broadcast Notice
to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter
or transit within the RNA during a vessel restriction period.
    The RNA would not have a significant economic impact on a
substantial number of small entities for the following reasons: The RNA
would be of limited size and any waterway closure of short duration.
Additionally, all closures currently planned are scheduled during
winter months when vessel traffic is low, before the effective period
of a waterway closure, advanced public notifications will be made to
local mariners through appropriate means, which could include, but
would not be limited to, Local Notice to Mariners and Broadcast Notice
to Mariners.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see

ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves restricting vessel movement within a
regulated navigation area. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0824 to read as follows:

Sec.  165.T01-0824  Regulated Navigation Area; Housatonic River Bridge
Replacement Operations; Stratford, CT

    (a) Location. The following area is a regulated navigation area
(RNA): All navigable waters of the Housatonic River between Stratford
and Milford, CT, from bank to bank, surface to bottom; bounded to the
north by the Metro North Railroad (RR) Bridge marked by a line
connecting the following points: Point ``A'', 41[deg]12'17.19'' N,
073[deg]06'40.29'' W western edge of the RR bridge in Stratford, CT,
east to point ``B'', 41[deg]12'20.13'' N, 073[deg]6'29.05'' W eastern
edge of the RR bridge in Milford CT; bounded to the south by a line
connecting the following points: Point ``C'' 41[deg]12'14.36'' N,
073[deg]06'41.06'' W western edge of construction trestle in Stratford,
CT, east to point ``D'' 41[deg]12'15.86'' N, 073[deg]06'27.57'' W
eastern bank of Housatonic River, Milford, CT.

All coordinates are North American Datum 1983.
    (b) Regulations. (1) The general regulations contained in 33 CFR
165.10, 165.11, and 165.13 apply.
    (2) In accordance with the general regulations, entry into,
anchoring, or movement within the RNA, during periods of enforcement,
is prohibited unless authorized by the Captain of the Port Long Island
Sound (COTP) or the COTP's designated representative.
    (3) During periods of enforcement, entry and movement within the
RNA is subject to a ``Slow-No Wake'' speed limit. Vessels may not
produce more than a minimum wake and may not attain speeds greater than
six knots unless a higher minimum speed is necessary to maintain
steerageway when traveling with a strong current. In no case may the
wake produced by the vessel be such that it creates a danger of injury
to persons, or damage to vessels or structures of any kind.
    (4) During periods of enforcement, all persons and vessels must
comply with all orders and directions from the COTP or the COTP's
designated representative.
    (5) During periods of enforcement, upon being hailed by a Coast
Guard vessel by siren, radio, flashing light or other means, the
operator of the vessel must proceed as directed.
    (6) Persons and vessels may request permission to enter the RNA
during periods of closure on VHF-16 or via phone at<PHONE_NUMBER>.
    (7) Notwithstanding anything contained in this rule, the Rules of
the Road (33 CFR part 84--Subchapter E, inland navigational rules) are
still in effect and must be strictly adhered to at all times.
    (c) Effective period. This rule is effective from January 7, 2013
through November 30, 2017.
    (d) Enforcement period. Except when suspended in accordance with
paragraph (e) of this section, this RNA is enforceable 24 hours a day
during the effective period.
    (e) Suspension of enforcement. The COTP may suspend enforcement of
the RNA. If enforcement is suspended, the COTP will cause a notice of
the suspension of enforcement by all appropriate means to promote the
widest publicity among the affected segments of the public. Such means
of notification may include, but are not limited to, Broadcast Notice
to Mariners and Local Notice to Mariners. Such notifications will
include the date and time that enforcement is suspended as well as the
date and time that enforcement will resume.
    (f) Waterway closure. The COTP may temporarily suspend all traffic
through the RNA for any situation that would pose imminent hazard to
life on the navigable waters. In the event of a complete waterway
closure, the COTP will make advance notice of the closure by all means
available to promote the widest public distribution including, but not
limited to, Broadcast Notice to Mariners and Local Notice to Mariners.
Such notification will include the date and time of the closure as well
as the date and time that normal vessel traffic can resume.
    (g) Violations of this RNA may be reported to the COTP, at 203-468-
4401 or on VHF-Channel 16. Persons in violation of this RNA may be
subject to civil or criminal penalties.

    Dated: December 20, 2012.
T.J. Vitullo,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2013-00211 Filed 1-7-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Rules and Regulations]
[Pages 17390-17393]
[FR Doc No: 2014-06636]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0171; Directorate Identifier 2014-NM-038-AD;
Amendment 39-17812; AD 2014-06-08]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc. Model DHC-8 airplanes. This AD requires repetitive
functional checks of the nose and main landing gear, and corrective
actions if necessary. This AD also provides optional terminating action
for the repetitive functional checks. This AD was prompted by a report
that the emergency downlock indication system (EDIS) had given a false
landing gear down-and-locked indication. We are issuing this AD to
detect and correct a false down-and-locked landing gear indication,
which, on landing, could result in possible collapse of the landing
gear.

DATES: This AD becomes effective April 14, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 14,
2014.
    We must receive comments on this AD by May 12, 2014.

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 AD, contact Bombardier,
Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto,
Ontario M3K 1Y5, Canada; telephone:<PHONE_NUMBER>; 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-2014-
0171; 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 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: Cesar Gomez, 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:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, issued Canadian Airworthiness Directive CF-2014-
11, dated February 13, 2014 (the Mandatory Continuing Airworthiness
Information, referred to after this as ``the MCAI''), to correct an
unsafe condition for the specified products. The MCAI states:

    During an in-service event where the landing gear control panel
indicated an unsafe nose landing gear, the flight crew observed that
all three green lights were illuminated on the emergency downlock
indication system. The nose landing gear was not down and locked,
and collapsed during landing.
    Investigation found ambient light and wiring shorts can lead to
incorrect illumination of the green lights on the emergency downlock
indication system.
    This [TCCA] AD mandates the functional check of the nose and
main landing gear alternate indication phototransistors and the
modification of the emergency downlock indication system.

    The unsafe condition is a false down-and-locked landing gear
indication, which, on landing, could result in possible collapse of the
landing gear. This AD provides the modification as optional terminating
action for the repetitive functional checks of the alternate indication
phototransistors of the nose and main landing gear. You may examine the
MCAI on the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2014-0171.

Relevant Service Information

    Bombardier has issued the following service bulletins.

 Bombardier Service Bulletin 8-32-173, Revision A, dated
December 17, 2012.
 Bombardier Service Bulletin 8-32-176, Revision A, dated
February 22, 2013.
 Bombardier Service Bulletin 8-32-177, dated October 9, 2013.
 Bombardier Service Bulletin 8-33-56, Revision A, dated
February 22, 2013.

    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 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Difference Between This AD and the MCAI or Service Information

    Canadian Airworthiness Directive CF-2014-11, dated February 13,
2014, requires modification of the EDIS. We have determined that this
EDIS modification would eliminate the need for the functional checks of
the alternate indication phototransistors of the nose and main landing
gear required by this AD. Therefore, this final rule provides for the
modification as an optional terminating action for the functional
checks. However, we are considering further rulemaking to require the
modification on all affected airplanes.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
ambient light and wiring shorts can lead to incorrect illumination of
the green lights on the EDIS. This condition could lead to the landing
gear not being down and locked, and consequent landing gear collapse
during landing. Therefore, we determined that notice and opportunity
for public comment before issuing this AD are impracticable and that
good cause exists for making this amendment effective in fewer than 30
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2014-0171; Directorate
Identifier 2014-NM-038-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    We estimate that this AD affects 85 airplanes of U.S. registry.
    We also estimate that it will take about 3 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD on U.S.

operators to be $21,675, or $255 per product, per inspection cycle.
    We estimate that it would take up to 40 work-hours per product to
do the optional terminating action provided in this AD. Parts would
cost up to $19,436.00 per product. Based on these figures, we estimate
the cost of this AD on U.S. operators to be up to $1,941,060, or
$22,836 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.
    According to the manufacturer, all of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 that this AD:
    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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 adding the following new airworthiness
directive (AD):

2014-06-08 Bombardier, Inc.: Amendment 39-17812. Docket No. FAA-
2014-0171; Directorate Identifier 2014-NM-038-AD.

(a) Effective Date

    This AD becomes effective April 14, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-101, -102, -103,
-106, -201, -202, -301, -311, and -315 airplanes, certificated in
any category, serial numbers 003 through 672 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that the emergency downlock
indication system had given a false landing gear down-and-locked
indication. We are issuing this AD to detect and correct a false
down-and-locked landing gear indication, which, on landing, could
result in possible collapse of the landing gear.

(f) Compliance

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

(g) Functional Check

    Within 600 flight hours or 100 days, whichever occurs first
after the effective date of this AD: Perform a functional check of
the alternate indication phototransistors of the nose and main
landing gear; and do all applicable corrective actions; in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 8-32-173, Revision A, dated December 17, 2012. Do
all applicable corrective actions before further flight. Repeat the
functional check thereafter at intervals not to exceed 600 flight
hours or 100 days, whichever occurs first, until accomplishment of
the applicable actions specified in paragraph (h) of this AD.

(h) Optional Terminating Action

    Accomplishment of the applicable actions specified in paragraphs
(h)(1) through (h)(3) of this AD terminates the requirements of
paragraph (g) of this AD.
    (1) For airplanes configured as described in Modsum 8/1519:
Incorporate Modsum 8Q101968, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 8-33-56, Revision A,
dated February 22, 2013.
    (2) For airplanes configured as described in Modsum 8/0235, 8/
0461, and 8/0534: Incorporate Modsum 8Q101955, in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin 8-32-
176, Revision A, dated February 22, 2013.
    (3) For airplanes not configured as described in Modsum 8/0534:
Incorporate Modsum 8Q101969, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 8-32-177, dated October
9, 2013.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Bombardier Service Bulletin 8-32-
173, dated October 28, 2011, which is not incorporated by reference
in this AD.
    (2) This paragraph provides credit for actions required by
paragraph (h)(1) of this AD, if those actions were performed before
the effective date of this AD using Bombardier Service Bulletin 8-
33-56, dated February 11, 2013, which is not incorporated by
reference in this AD.
    (3) This paragraph provides credit for actions required by
paragraph (h)(2) of this AD, if those actions were performed before
the effective date of this AD using Bombardier Service Bulletin 8-
32-176, dated February 11, 2013, which is not incorporated by
reference in this AD.

(j) 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, NY 11590; telephone:<PHONE_NUMBER>; 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. The AMOC approval letter must specifically reference this
AD.

    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or the DAH with a State of Design Authority's
design organization approval, as applicable). You are required to
ensure the product is airworthy before it is returned to service.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2014-11, dated February
13, 2014, for related information. You may examine the MCAI on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2014-0171.
    (2) Service information identified in this AD that is not
incorporated by reference may be obtained at the addresses specified
in paragraphs (l)(3) and (l)(4) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 8-32-173, Revision A, dated
December 17, 2012.
    (ii) Bombardier Service Bulletin 8-32-176, Revision A, dated
February 22, 2013.
    (iii) Bombardier Service Bulletin 8-32-177, dated October 9,
2013.
    (iv) Bombardier Service Bulletin 8-33-56, Revision A, dated
February 22, 2013.
    (3) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone: 416-375-
4000; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet: http://www.bombardier.com.
    (4) 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
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 19, 2014.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-06636 Filed 3-27-14; 8:45 am]
BILLING CODE 4910-13-P