[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices]
[Pages 27044-27048]
[FR Doc No: 2011-11437]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R10-OPPT-2011-0378; FRL-9303-6 ]

Lead-Based Paint Renovation, Repair and Painting, and Pre-
Renovation Education Activities in Target Housing and Child Occupied
Facilities; State of Washington. Notice of Self-Certification Program
Authorization, Request for Public Comment, Opportunity for Public
Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; program authorization, request for comments and
opportunity for public hearing.

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SUMMARY: This notice announces that on March 16, 2011, the State of
Washington was deemed authorized under section 404(a) of the Toxic
Substances Control Act (TSCA), 15 U.S.C. 2684(a), to administer and
enforce requirements for a renovation, repair and painting program in
accordance with section 402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3), and a
lead-based paint pre-renovation education program in accordance with
section 406(b) of TSCA, 15 U.S.C. 2686(b). This notice also announces
that EPA is seeking comment during a 45-day public comment period, and
is providing an opportunity to request a public hearing within the
first 15 days of this comment period, on whether these Washington
programs are at least as protective as the Federal programs and provide
for adequate enforcement. This notice also announces that the
authorization of the Washington 402(c)(3) and 406(b) programs, which
were deemed authorized by regulation and statute on March 16, 2011,
will continue without further notice unless EPA, based on its own
review and/or comments received during the comment period, disapproves
one or both of these Washington program applications on or before
September 12, 2011.

DATES: Comments, identified by docket control number EPA-R10-OPPT-2011-
0378, must be received on or before June 24, 2011. In addition, a
public hearing request must be submitted on or before May 25, 2011.

ADDRESSES: Comments and requests for a public hearing may be submitted
by mail, electronically, or in person. Please follow the detailed
instructions for each method as provided in Section I of the
SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is
important that you identify docket control number EPA-R10-OPPT-2011-
0378 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Barbara Ross, Technical Contact, OAWT,
Solid Waste &Toxics, AWT-128, United States Environmental Protection
Agency, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101, telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, to entities
offering Lead Safe Renovation courses, and to firms and individuals
engaged in renovation and remodeling activities of pre-1978 housing and
child-occupied facilities in the State of Washington. Individuals and
firms falling under the North American Industrial Classification System
(NAICS) codes 231118, 238210, 238220, 238320, 531120, 531210, 53131,
e.g., General Building Contractors/Operative Builders, Renovation
Firms, Individual Contractors, and Special Trade Contractors like
Carpenters, Painters, Drywall workers and Plumbers, ``Home
Improvement'' Contractors, as well as Property Management Firms and
some Landlords are also affected by these rules. This listing is not
intended to be exhaustive, but rather provides a guide for readers
regarding entities likely to be affected by this action. Other types of
entities not listed here could also be affected. The NAICS codes have
been provided to assist you and others in determining whether this
action might apply to certain entities. If you have any questions
regarding the applicability of this action to a particular entity,
consult the technical person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I get additional information, including copies of this
document or other related documents?

    1. Electronically: EPA has established an official record for this
action under docket control number EPA-R10-OPPT-2011-0378. This docket
may be accessed through http://www.regulations.gov. The official record
consists of the documents specifically referenced in this action, this
notice, the State of Washington 402(c)(3) and 406(b) program
authorization applications, any public comments received during an
applicable comment period, and other information related to this
action.
    2. In person: you may read this document, and certain other related
documents, by visiting the Washington State Department of Commerce,
Lead-Based Paint Program, 1011 Plum Street, SE., Olympia, WA 98504;
contact person, Cynthia Sanderson--Manager Lead Programs, telephone
number:<PHONE_NUMBER> . You may also read this document, and certain
other related documents, by visiting the United States Environmental
Protection Agency (EPA) OAWT, Solid Waste & Toxics, AWT-128, 1200 Sixth
Avenue, Seattle WA 98101. You should arrange your visit to the EPA
office by contacting the technical person listed under FOR FURTHER
INFORMATION CONTACT.

C. How and to whom do I submit comments?

    You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is important that
you identify docket control number EPA-R10-OPPT-2011-0378 in the
subject line on the first page of your response.
    Submit your comments, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. By mail or in person or by courier: Submit or deliver your
comments and hearing requests to: Barbara Ross, Technical Contact,
United States Environmental Protection Agency (EPA), OAWT, Solid Waste
& Toxics, AWT-128, 1200 Sixth Avenue, Suite 900, Seattle WA 98101. The
Regional office is open from 8 a.m. to 5 p.m., Monday through Friday,
excluding legal holidays. The phone number for the office is (206) 553-
1985.
    3. Electronically: You may submit your comments and hearing
requests electronically by e-mail to<EMAIL_ADDRESS>or mail
your computer disk to the address identified above. Do not submit any
information electronically that you consider Confidential Business
Information (CBI). Electronic comments must be submitted as an ASCII
file avoiding the use of special characters and any form of encryption.
Comments and data will also be accepted on standard disks in Microsoft
Word or ASCII file format.
    Instructions: Direct your comments to Docket ID Number EPA-R10-
OPPT-2011-0378. 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 whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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 and with any
disk or CD-ROM you submit. 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 or any form of encryption, and 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 http://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 http://www.regulations.gov or in hard copy.

D. How should I handle CBI information that I want to submit to the
agency?

    Do not submit this information to EPA through http://www.regulations.gov or e-mail. Clearly mark on each page the part or
all of the information that you claim to be CBI. For CBI information in
a disk or CD-ROM that you mail to EPA, mark the outside of the disk or
CD-ROM that you mail to EPA as CBI, and then identify electronically
within the disk or CD-ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked as CBI will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2. If you
have any questions about CBI or the procedures for claiming CBI, please
consult the technical person identified under FOR FURTHER INFORMATION
CONTACT.

E. What should I consider as I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments.
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you use.
    3. Provide copies of any technical information and/or data you use
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrive at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection
activity.
    7. Make sure to submit your comments by the deadline in this
notice.
    8. To ensure proper receipt by EPA, identify the docket control
number assigned to this action in the subject line on the first page of
your response. You may also provide the name, date, and Federal
Register citation.

II. Background

A. What action is the agency taking?

    EPA is announcing that on March 16, 2011, the State of Washington
was deemed authorized under section 404(a) of TSCA, and 40 CFR
745.324(d)(2), to administer and enforce requirements for a renovation,
repair and painting program in accordance with section 402(c)(3) of
TSCA, and a lead-based paint pre-renovation education program in
accordance with section 406(b) of TSCA. This notice also announces that
EPA is seeking comment and providing an opportunity to request a public
hearing on whether the State programs are at least as protective as the
Federal programs and provide for adequate enforcement. The 402(c)(3)
program ensures that training providers are accredited to teach
renovation classes, that individuals performing renovation activities
are properly trained and certified as renovators, that firms are
certified as renovation firms, and that specific work practices are
followed during renovation activities. The 406(b) program ensures that
owners and occupants of target housing are provided information
concerning potential hazards of lead-based paint exposure before
certain renovations are begun. On March 16, 2011, Washington submitted
an application under section 404 of TSCA requesting authorization to
administer and enforce requirements for a renovation, repair and
painting program in accordance with section 402(c)(3) of TSCA, and a
pre-renovation education program in accordance with section 406(b) of
TSCA, and submitted a self-certification that these programs are at
least as protective as the Federal programs and provide for adequate
enforcement. Therefore, pursuant to section 404(a) of TSCA, and 40 CFR
745.324(d)(2), the Washington renovation program and pre-renovation
education program are deemed authorized as of the date of submission
and until such time as the Agency disapproves the program application
or withdraws program authorization. Pursuant to section 404(b) of TSCA
and 40 CFR 745.324(e)(2), EPA is providing notice, opportunity for
public comment and opportunity for a public hearing on whether the
State program application is at least as protective as the Federal
programs and provides for adequate enforcement. If a hearing is
requested and granted, EPA will issue a Federal Register notice
announcing the date, time and place of the hearing. The authorization
of the Washington 402(c)(3) and 406(b) programs, which were deemed
authorized by regulation and statute on March 16, 2011, will continue
without further notice unless EPA, based on its own review and/or
comments received during the comment period, disapproves one or both of
these Washington program applications.

B. What is the agency's authority for taking this action?

    On October 28, 1992, the Housing and Community Development Act of
1992, Public Law 102-550, became law. Title X of that statute was the
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C.
2681-2692), entitled Lead Exposure Reduction. In the Federal Register
dated April 22, 2008, (73 FR 21692), EPA promulgated final TSCA section
402(c)(3) regulations governing renovation activities. The regulations
require that in order to do renovation activities for compensation,
renovators must first be properly trained and certified, must be
associated with a certified renovation firm, and must follow specific
work practice standards, including recordkeeping requirements. In
addition, the rule prescribes requirements for the training and
certification of dust sampling technicians. In the Federal Register of
June 1, 1998, (63 FR 29908), EPA promulgated final TSCA section 406(b)
regulations governing pre-renovation education requirements in target
housing. This program ensures that owners and occupants of target
housing are provided information concerning potential hazards of lead-
based paint exposure before certain renovations are begun on that
housing. In addition to providing general information on the health
hazards associated with exposure to lead, the lead hazard information
pamphlet advises owners and occupants to take appropriate precautions
to avoid exposure to lead-contaminated dust and debris that are
sometimes generated during renovations. EPA believes that regulation of
renovation activities and the distribution of the pamphlet will help to
reduce the exposures that cause serious lead poisonings, especially in
children under age 6, who are particularly susceptible to the hazards
of lead.
    Under section 404 of TSCA, a State may seek authorization from EPA
to administer and enforce its own pre-renovation education program or
renovation, repair and painting program in lieu of the Federal program.
The regulations governing the authorization of a State program under
both sections 402 and 406 of TSCA are codified at 40 CFR part 745,
subpart Q. States that choose to apply for program authorization must
submit a complete application to the appropriate regional EPA office
for review. Those applications will be reviewed by EPA within 180 days
of receipt of the complete application. To receive EPA approval, a
State must demonstrate that its program is at least as protective of
human health and the environment as the Federal program, and provides
for adequate enforcement, as required by Section 404(b) of TSCA. EPA's
regulations at 40 CFR part 745, subpart Q, provide the detailed
requirements a State program must meet in order to obtain EPA approval.
A State may choose to certify that its own pre-renovation education
program or renovation, repair and painting program meets the
requirements for EPA approval, by submitting a letter signed by the
Governor or Attorney General stating that the program is at least as
protective of human health and the environment as the Federal program
and provides for adequate enforcement. Upon submission of such a
certification letter, the program is deemed authorized pursuant to TSCA
section 404(a) and 40 CFR 745.324(d)(2) and [15 U.S.C. 2864(b)]. This
authorization becomes ineffective, however, if EPA disapproves the
application or withdraws the program authorization.

III. State Program Description Summary

    The following program summary is from Washington's self-
certification application:

Scope of Rules

    Washington state laws, called Revised Code of Washington (RCW),
gives the Department of Commerce, Lead-Based Paint Program authority to
implement and administer the Federal Lead Renovation, Repair and
Painting Rule in Washington to ensure that persons who perform lead-
based paint activities do so safely to prevent exposure of building
occupants, especially children, to hazardous levels of lead. The
Washington Administrative Code (WAC 365-230) adopted by the State of
Washington to implement the statutes and the Lead Renovation, Repair
and Painting Rule becomes effective March 16, 2011. The rule requires a
person to be certified before performing, supervising, or offering to
perform a lead-based paint activity involving target housing or a
child-occupied facility built before 1978. Work practice standards are
also prescribed, as well as reporting and recordkeeping requirements.
In addition, no person may offer or conduct a lead training course
represented as qualifying a person for certification unless the course
is accredited by the Department and uses approved instructors.
    WAC 365-230 has been promulgated to incorporate the pre-renovation
education distribution (PRE) and renovation, repair and painting (RRP)
requirements for programs under the Environmental Protection Agency's
regulations at 40 CFR part 745, subparts E and L. The Washington State
Department of Commerce lead-based paint program regulates the following
lead-based paint activities in target housing and child-occupied
facilities built before 1978:
     Pre-renovation information distribution and renovation
activities conducted for compensation.
     Lead hazard reduction, including abatement.
     Lead investigation, including dust, paint, soil sampling
and onsite testing; clearance, inspection, hazard screen, risk
assessment and elevated blood lead level investigation activities.

Applicability to Renovations

    The PRE and RRP provisions are described in WAC 365-230. These
rules apply to renovations performed for compensation in target housing
and child-occupied facilities, except when:
     The paint involved in the renovation is determined to be
lead-free by a certified lead inspector, risk assessor or by a
certified renovator using an EPA-recognized test kit.
     The work is minor repair or maintenance.
     The work is renovation not performed for compensation and
no other conditions requiring certification exist.
     The work is renovation performed by the homeowner in the
owner's owner-occupied unit. Emergency renovations are exempt from
certain provisions, including the PRE requirements, but not from
cleaning and post renovation cleaning verification.

Accreditation of Training Courses

    Training course accreditation is described in WAC 365-230-040. A
person wishing to offer a course leading to certification, including
lead-safe renovator and dust sampling technician initial or refresher
courses, must submit a complete application with course materials and
fee to the Department of Commerce. The course must cover all curriculum
requirements identified in WAC 365-230-050. Courses deemed to meet all
requirements are granted full approval and may renew their
accreditations at 4-year intervals.

Pre-Renovation Education Requirements

    The PRE requirements are described in detail at WAC 365-230-320.
Renovation firms must:
     Provide the pamphlet, Renovate Right, to owners and
occupants of target housing and to owners, operators and parents or
guardians in child-occupied facilities before beginning renovation
work.
     Obtain signature(s) acknowledging receipt of pamphlet, or
other proof of delivery.
     Post information in child-occupied facilities and multi-
family housing.

Renovation, Repair and Painting Requirements

Certified Firms Requirements
    WAC 365-230-360 describes requirements for certification of firms.
    Firms must submit an application and pay a fee for certification.
Firms must:
     Assign a certified lead-safe renovator to oversee each
renovation project.
     Use only a certified renovator and certified renovator-
trained workers to perform renovations.
     Ensure the use of lead-safe work practices and that
prohibited practices are not used.
     Meet the pre-renovation education requirements.
     Create and maintain required records.
Certified Renovator Requirements
    WAC 365-230-380 describes requirements for certification of
renovators.
    Certified renovator responsibilities are described at WAC 365-230-
330 and WAC 365-230-340. To be certified as a lead-safe renovator, an
individual must complete a one-day lead-safe renovation course taught
by an accredited training provider. Certified renovators must:
     Provide training to untrained workers on the lead-safe
work practices to be used.
     Be onsite to conduct or oversee posting of signs,
containment setup, and final cleaning.
     Be onsite regularly to direct and ensure ongoing
maintenance of containment barriers and use of lead-safe work
practices.
     Be available onsite during work or by telephone to return
immediately to the worksite.
     Be in possession of a valid, unexpired certification card/
certificate when at the jobsite.
     Personally conduct the post-renovation cleaning
verification.
     Prepare required renovation records.
Certified Lead Sampling Technician Requirements
    WAC 365-230-380 describes requirements for certification of dust
sampling technicians. Lead sampling technicians may conduct clearance
after renovation, or clearance after lead abatement provided that a
certified risk assessor or lead inspector approves the work of the dust
sampling technician per HUD 24 CFR Part 35.1340 (b)(1)(i). A lead
sampling technician must complete a one-day lead sampling course taught
by an accredited training provider. Sampling technicians must:
     Complete clearance requirements, including collecting and
sending dust-wipe samples to a recognized lab.
     Interpret laboratory results and prepare a clearance
report for the contractor and owner.
     Be in possession of a valid, unexpired certification card
when conducting regulated work.
Renovation Work Practice Requirements
    Renovation work practices are described at WAC 365-230-330. Workers
must follow documented methodologies to protect occupants from lead
hazards created during renovations, including:
     Posting warning signs, containing work areas, protecting
furnishings and cleaning.
     Prohibitions on using certain dangerous work practices,
including: open-flame burning or torching, operating a heat gun over
1100[ordm] F, using a high speed machine to remove paint without a
HEPA-filtered exhaust system,

using an improperly operating HEPA vacuum, and dry sweeping in the work
area.
     Proper handling and transporting of waste.
     Final visual inspection and post renovation cleaning
verification using prescribed protocol.
Renovation Recordkeeping Requirements
    Recordkeeping requirements for renovations are described in detail
at WAC 365-230-340. The renovation company must maintain records of its
regulated activities for 3 years, including:
     Any paint testing results.
     Copies of signed pamphlet acknowledgements forms or other
documentation of delivery.
     Documentation and certification that renovation
requirements were followed.
     Individual worker training records.

IV. Federal Overfiling

    Section 404(b) of TSCA makes it unlawful for any person to violate,
or fail or refuse to comply with, any requirement of an approved State
program. Therefore, EPA reserves the right to exercise its enforcement
authority under TSCA against a violation of, or a failure or refusal to
comply with, any requirement of an authorized State program.

V. Withdrawal of Authorization

    Pursuant to section 404(c) of TSCA, the EPA Administrator may
withdraw authorization of a State or Indian Tribal renovation, repair
and painting program, and/or a lead-based paint pre-renovation
education program, after notice and opportunity for corrective action,
if the program is not being administered or enforced in compliance with
standards, regulations, and other requirements established under the
authorization. The procedures U.S. EPA will follow for the withdrawal
of an authorization are found at 40 CFR 745.324(i).

List of Subjects

    Department of Commerce, State of Washington, Ecology, Lead,
Renovation, Renovation work practice standards, Renovation training,
Renovation certification, Renovation notification, Reporting and record
keeping requirements.

    Dated: May 2, 2011.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2011-11437 Filed 5-9-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Rules and Regulations]
[Pages 31707-31709]
[FR Doc No: 2019-14153]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0185; Product Identifier 2018-NM-178-AD; Amendment
39-19658; AD 2019-12-03]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 700, 701 &
702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional
Jet Series 900) airplanes. This AD was prompted by a determination that
new and more restrictive airworthiness limitations are necessary for
operational checks of the landing gear alternate extension system
(AES). This AD requires revising the existing maintenance or inspection
program, as applicable, to incorporate new and more restrictive
airworthiness limitations. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective August 7, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 7,
2019.

ADDRESSES: For service information identified in this final rule,
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 1-866-538-1247 or direct-dial telephone 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 Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0185.

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-2019-
0185; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Bombardier, Inc.,
Model CL-600-2C10 (Regional Jet Series 700, 701 & 702), CL-600-2D15
(Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900)
airplanes. The NPRM published in the Federal Register on March 28, 2019
(84 FR 11656). The NPRM was prompted by a determination that new and
more restrictive airworthiness limitations are

necessary for operational checks of the landing gear AES. The NPRM
proposed to require revising the existing maintenance or inspection
program, as applicable, to incorporate new and more restrictive
airworthiness limitations.
    The FAA is issuing this AD to address a deficiency in the existing
maintenance or inspection program, as applicable, that does not meet
the certification criteria for all critical AES failure modes, which
could reduce the ability of the flightcrew to maintain the safe flight
and landing of the airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2018-31, dated November
28, 2018 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Bombardier, Inc., Model CL-600-2C10 (Regional Jet
Series 700, 701 & 702), CL-600-2D15 (Regional Jet Series 705), and CL-
600-2D24 (Regional Jet Series 900) airplanes. The MCAI states:

    During the Bombardier Maintenance Review Board (MRB) inspection
escalation interval project, it was discovered that the current
interval of 8000 hours air time and previous interval of 6000 hours
air time for the MRB Task 320100-203 ``Operational Check of the
Landing Gear Alternate Extension System (AES)'' does not meet the
certification criteria to cover for all critical AES failure modes
[which could reduce the ability of the flightcrew to maintain the
safe flight and landing of the airplane]. For this reason, a new
Certification Maintenance Requirement (CMR) task needs to be
implemented in the maintenance program at a shorter interval of 1600
hours air time.
    This [Canadian] AD mandates a new CMR task for an operational
check of the AES with interval of 1600 hours air time.

    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-2019-
0185.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. The Air Line Pilots Association, International (ALPA)
indicated its support for the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued CRJ Regional Jet (Bombardier) Temporary
Revision ALI-0652, dated July 9, 2018. This service information
describes airworthiness limitations for a CMR task related to
operational checks of the landing gear AES.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 536 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

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.
    The FAA is 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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    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) Will not affect intrastate aviation in Alaska, and
    (3) 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):

2019-12-03 Bombardier, Inc.: Amendment 39-19658; Docket No. FAA-
2019-0185; Product Identifier 2018-NM-178-AD.

(a) Effective Date

    This AD is effective August 7, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc., Model CL-600-2C10
(Regional Jet Series 700, 701 & 702), CL-600-2D15 (Regional Jet
Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes,
certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that new and more
restrictive airworthiness limitations are necessary for operational
checks of the landing gear alternate extension system (AES). The FAA
is issuing this AD to address a deficiency in the existing
maintenance or inspection program, as applicable, that does not meet
the certification criteria for all critical AES failure modes, which
could reduce the ability of the flightcrew to maintain the safe
flight and landing of the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 30 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in CRJ Regional Jet
(Bombardier) Temporary Revision ALI-0652, dated July 9, 2018. The
initial compliance time for doing the tasks is at the time specified
in figure 1 to paragraph (g) of this AD.
[GRAPHIC] [TIFF OMITTED] TR03JY19.000

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, 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 manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 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.
    (2) Contacting the Manufacturer: 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
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2018-31, dated November 28, 2018, 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-2019-0185.
    (2) For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
(k) 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) CRJ Regional Jet (Bombardier) Temporary Revision ALI-0652,
dated July 9, 2018.
    (ii) [Reserved]
    (3) 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 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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 Des Moines, Washington, on June 12, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-14153 Filed 7-2-19; 8:45 am]
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[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Proposed Rules]
[Pages 48011-48013]
[FR Doc No: 2017-22235]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0932; Airspace Docket No. 17-AEA-9]

Proposed Amendment of VOR Federal Airways V-20, V-31, V-33, V-
308, and V-433; and Revocation of V-379; in the Vicinity of Nottingham,
MD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action proposes to modify VHF Omnidirectional Range (VOR)
Federal airways V-20, V-31, V-33, V-308, and V-433; and remove V-379;
in the vicinity of Nottingham, MD. This action is necessary due to the
planned decommissioning of the Nottingham, MD, VORTAC navigation aid,
which provides navigation guidance for portions of the above routes.
The Nottingham VORTAC is being decommissioned as part of the VOR
Minimum Operational Network (MON) program.

DATES: Comments must be received on or before November 30, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1
(800) 647-5527 or<PHONE_NUMBER>. You must identify FAA Docket No. FAA-
2017-0932 and Airspace Docket No. 17-AEA-9 at the beginning of your
comments. You may also submit comments 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 between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays. The Docket Office (telephone 1 (800)
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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 would modify the VOR Federal airway route structure in
the eastern United States to maintain the efficient flow of air
traffic.

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-2017-0932 and Airspace Docket No. 17-AEA-9) 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-2017-0932 and Airspace Docket No. 17-AEA-9.'' 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. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    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 Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA
30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017 and effective
September 15, 2017. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order 7400.11B
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to modify the descriptions of VOR Federal
airways V-20, V-31, V-33, V-308, and V-433; and to remove V-379; in the
Vicinity of Nottingham, MD, due to the planned decommissioning of the
Nottingham, MD, VORTAC. The proposed route changes are described below.
    V-20: V-20 currently extends between McAllen, TX, and Nottingham,
MD. The airway segments between Richmond, VA, and Nottingham, MD, would
be removed. The amended route would, therefore, extend between McAllen,
TX, and Richmond, VA.
    V-31: V-31 currently extends between Patuxent River, MD, and
Buffalo, NY. This proposal would remove the airway segment between
Patuxent River, MD, and Nottingham, MD. The amended route would extend
between Baltimore, MD, and Buffalo, NY.
    V-33: V-33 currently extends between Harcum, VA, and Buffalo, NY.
This action proposes to remove the segments between Harcum, VA, and
Baltimore, MD. The amended route would extend between Baltimore, MD,
and Buffalo, NY.
    V-308: V-308 currently extends between Nottingham, MD, and Norwich,
CT. This action would remove the route segment between Nottingham, MD,
and Waterloo, DE. The amended route would extend between Waterloo, DE,
and Norwich, CT.
    V-379: V-379 currently extends between Nottingham, MD, and Smyrna,
DE. V-379 would be removed in its entirety.
    V-433: V-433 currently extends between Nottingham, MD, and
Syracuse, NY. The segments between Nottingham, MD, and Dupont, DE,
would be removed. The amended route would extend between Dupont, DE,
and Syracuse, NY.
    Domestic VOR Federal airways are published in paragraph 6010(a) of
FAA Order 7400.11B, dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR 71.1. The VOR
Federal airways listed in this document would be subsequently published
in the Order.

Regulatory Notices and Analyses

    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.
It, therefore: (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 will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``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(f), 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
7400.11B, Airspace Designations and Reporting Points, dated August 3,
2017 and effective September 15, 2017, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-20 [Amended]

    From McAllen, TX, via INT McAllen 038[deg] and Corpus Christi,
TX, 178[deg] radials; 10 miles 8 miles wide, 37 miles 7 miles wide
(3 miles east and 4 miles west of centerline), Corpus Christi; INT
Corpus Christi 054[deg] and Palacios, TX, 226[deg] radials;
Palacios; Hobby, TX; Beaumont, TX; Lake Charles, LA; Lafayette, LA;
Reserve, LA; INT Reserve 084[deg] and Gulfport, MS, 247[deg]
radials; Gulfport; Semmes, AL; INT Semmes 048[deg] and Monroeville,
AL, 231[deg] radials; Monroeville; Montgomery, AL; Tuskegee, AL;
Columbus, GA; INT Columbus 068[deg] and Athens, GA, 195[deg]
radials; Athens; Electric City, SC; Sugarloaf Mountain, NC; Barretts
Mountain, NC; South Boston, VA; to Richmond, VA. The airspace on the
main airway above 14,000 feet MSL from McAllen to 49 miles northeast
and the airspace within Mexico is excluded.

V-31 [Amended]

    From Baltimore, MD; INT Baltimore 004[deg] and Harrisburg, PA,
147[deg] radials; Harrisburg; Selinsgrove, PA; Williamsport, PA;
Elmira, NY; INT Elmira 002[deg] and Rochester, NY, 120[deg] radials;
Rochester; to INT Rochester 279[deg] and Buffalo, NY 023[deg]
radials.

V-33 [Amended]

    From Baltimore, MD; INT Baltimore 004[deg] and Harrisburg, PA,
147[deg] radials; Harrisburg; Philipsburg, PA; Keating, PA;
Bradford, PA; Buffalo, NY.

V-308 [Amended]

    From Waterloo, DE; Sea Isle; NJ; INT Sea Isle 050[deg] and
Hampton, NY, 223[deg] radials; Hampton; Groton, CT; to Norwich, CT.
The airspace below 2,000 feet MSL that lies outside the United
States and the airspace below 3,000 feet MSL between Kennedy, NY,
087[deg] and 141[deg] radials is excluded.

V-379 [Removed]

V-433 [Amended]

    From Dupont, DE; Yardley, PA; INT Yardley 047[deg] and Kennedy,
NY, 253[deg] radials; INT Kennedy 253[deg] and LaGuardia, NY,
213[deg] radials; LaGuardia; Bridgeport, CT; INT Bridgeport 324[deg]
and Pawling, NY, 160[deg] radials; Pawling; INT Pawling 304[deg] and
Rockdale, NY, 116[deg] radials; Rockdale; INT Rockdale 325[deg] and
Syracuse, NY, 100[deg] radials; to Syracuse.

    Issued in Washington, DC, on October 10, 2017.
Gemechu Gelgelu,
Acting Manager, Airspace Policy Group.
[FR Doc. 2017-22235 Filed 10-13-17; 8:45 am]
 BILLING CODE 4910-13-P