[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Proposed Rules]
[Pages 29254-29256]
[FR Doc No: 2012-11923]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0012]
RIN 1625-AA00

Safety Zones, Large Cruise Ships; Lower Mississippi River,
Southwest Pass Sea Buoy to Mile Marker 96.0; New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a moving safety zone
around large cruise ships as they transit the Lower Mississippi River
between the Port of New Orleans Cruise Ship Terminal, mile marker 96.0
and the Southwest Pass Sea Buoy. The proposed moving safety zone
extends from bank to bank encompassing one-mile ahead and one-mile
astern of each large cruise ship. This safety measure is necessary to
protect persons and vessels from the potential safety hazards
associated with congested maritime traffic on the Lower Mississippi
River.

DATES: Comments and related material must be received by the Coast
Guard on or before June 18, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0012 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: 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.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Lieutenant Commander (LCDR) Marcie L. Kohn, Sector
New Orleans, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

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.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0012), 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 (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means as instructed in the
ADDRESSES section. If you submit a comment online via
www.regulations.gov, 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,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0012'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

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,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0012'' and click
``Search'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

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).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before June 18, 2012 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact LCDR Marcie L. Kohn at the telephone number or email address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.

Basis and Purpose

    The Coast Guard proposes to establish a moving safety zone around
each large cruise ship as it transits the Lower Mississippi River
between the Port of New Orleans Cruise Ship Terminal, mile marker 96.0,
and the Southwest Pass Sea Buoy to address the increasing risk to safe
navigation. For the purpose of this rule, the term ``large cruise
ship'' is defined as a vessel over 100 feet in length, carrying more
than 500 passengers for hire, making a voyage lasting more than 24
hours, any part of which is on the high seas, and for which passengers
are embarked or

disembarked in the United States or its territories.
    The marine transportation system on the lower Mississippi river has
seen a sustained growth over the years and there are more vessels on
the river than ever before. If a marine accident occurs involving a
large cruise ship there is a significantly higher potential for loss of
life than with any other type of commercial vessel. Therefore to
mitigate the risks and consequences associated with the higher traffic,
the reduction of navigable space, and to protect lives, the Coast Guard
proposes a moving safety zone around each large cruise ship. This
proposed rule is intended to establish early passing or overtaking
arrangements thus increasing the time available for safe maneuvering.

Discussion of Proposed Rule

    Nothing in this proposed rule supersedes the United States Coast
Guard Navigation Rules. This rule proposes implementing a moving safety
zone extending from bank to bank, encompassing one-mile ahead and one-
mile astern of each large cruise ship transiting the Lower Mississippi
River between mile marker 96.0 and the Southwest Pass Sea Buoy. This
proposed rule is intended to protect persons and vessels from the
potential safety hazards associated with congested maritime traffic on
the Lower Mississippi River. All persons or vessels will be prohibited
from entering this safety zone, with the following exceptions. Moored
or anchored vessels will be permitted to remain in their current
positions. Fleet vessels will be permitted to continue operations.
Permission to enter the safety zone will be obtained by making passing
arrangements with the pilot on board the large cruise ship. The Captain
of the Port New Orleans, (COTP) will use broadcast notices to mariners
to notify vessel operators when the safety zone is in place. The pilot
onboard the large cruise ship will be authorized to allow other vessels
to enter the safety zone when necessary.

Regulatory Analyses

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

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 that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders. The impacts on
routine navigation are expected to be minimal. The proposed moving
safety zones will not interfere with a vessel's ability to make passing
and overtaking arrangements. Routine navigation around and near the
proposed safety zones will not be impacted. The proposed moving safety
zone is intended to enable early notification of passing or overtaking
arrangements, providing additional time and opportunity to negotiate
navigational arrangements and to maneuver without causing delay in
transit for both the large cruise ship and the other vessels operating
in the area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. The proposed moving safety zones are intended
to enable early notification that passing or overtaking arrangements
may be necessary, providing additional time and opportunity to
negotiate navigational arrangements, giving both vessels sufficient
time to maneuver without causing delay in transit.
    This proposed rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit the Lower Mississippi River between mile marker
96.0, New Orleans, LA and the Southwest Pass Sea Buoy during large
cruise ship transits.
    If you are a small business entity and are significantly affected
by this regulation please contact Lieutenant Commander (LCDR) Marcie L.
Kohn, Sector New Orleans, at<PHONE_NUMBER> or email
<EMAIL_ADDRESS>    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.

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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 LCDR Marcie L. Kohn. The Coast
Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

    This proposed 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.

Protection of Children

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

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This rule involves
establishing, disestablishing or changing a regulated navigation area
and as such is categorically excluded, under figure 2-1, paragraph
(34)(g) of the Instruction. A preliminary ``Environmental Analysis
Check List'' supporting this determination is 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 proposed 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 proposes
to amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.

    2. Add Sec.  165.839 to read as follows:

Sec.  165.839  Safety Zone; Large Cruise Ships; Lower Mississippi
River, Southwest Pass Sea Buoy to Mile Marker 96.0, New Orleans, LA.

    (a) Location. Within the Lower Mississippi River and Southwest
Pass, moving safety zones are established around all large cruise ships
transiting between the Southwest Pass Entrance Lighted Buoy ``SW'', at
approximate position 28[deg]52[min]42[sec] N, 89[deg]25[min]54[sec] W
[NAD 83] and Lower Mississippi River mile marker 96.0 in New Orleans,
Louisiana. The moving safety zone extends bank to bank, encompassing
all waters one-mile ahead and one-mile astern of a large cruise ship.
The zone remains in effect during the entire transit of the large
cruise ship.
    (b) Definitions. For the purpose of this rule, the term ``large
cruise ship'' is defined as a vessel over 100 feet in length, carrying
more than 500 passengers for hire, making a voyage lasting more than 24
hours, any part of which is on the high seas, and for which passengers
are embarked or disembarked in the United States or its territories.
    (c) Regulations. (1) In accordance with the general regulations in
33 CFR Part 165, Subpart C, no person or vessel may enter or remain in
the Safety Zone except for vessels authorized by the Captain of the
Port or Designated Representatives, except as provided for in paragraph
(c)(2) of this section.
    (2) For this section the Pilot directing the movement of the large
cruise ship under the authority of the master has the authority to
allow other vessels to enter the safety zone when necessary.
    (2) All vessels are prohibited from entering this safety zone
unless authorized as follows:
    (i) Vessels that have made suitable passing or overtaking
arrangements with the pilot onboard the large cruise ship may enter
into this safety zone in accordance with those agreed upon
arrangements.
    (ii) Moored vessels or vessels anchored in a designated anchorage
area may remain in their current moored or anchored position while the
large cruise ship transits the area.
    (iii) Barge Fleets or vessels working a fleet may continue their
current operations while the large cruise ship transits the area.
    (3) Vessels requiring a deviation from this rule must request
permission from the Captain of the Port New Orleans. The Captain of the
Port New Orleans may be contacted at<PHONE_NUMBER>.

    Dated: March 26, 2012.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2012-11923 Filed 5-16-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Rules and Regulations]
[Pages 53046-53048]
[FR Doc No: 2011-21619]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0907; Directorate Identifier 2011-NM-146-AD;
Amendment 39-16790; AD 2011-18-08]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) 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 the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    There has been one reported case of an aft equipment bay fire
occurring due to arcing of chafed integrated drive generator (IDG)
power cables. Additionally, the hydraulic line support brackets
located at the fuselage station (FS) 672 have been found broken in
service on several aeroplanes. A broken hydraulic line support
bracket at FS 672 could result in inadequate clearance between the
IDG power cables and hydraulic lines, potentially resulting in
chafing of the IDG power cables. Chafed IDG power cables can
generate high energy arcing, which can result in an uncontrolled
fire in the aft equipment bay.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective September 9, 2011.
    We must receive comments on this AD by October 11, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this 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: Assata Dessaline, Aerospace Engineer,
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-18, dated July 7, 2011 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

    There has been one reported case of an aft equipment bay fire
occurring due to arcing of chafed integrated drive generator (IDG)
power cables. Additionally, the hydraulic line support brackets
located at the fuselage station (FS) 672 have been found broken in
service on several aeroplanes. A broken hydraulic line support
bracket at FS 672 could result in inadequate clearance between the
IDG power cables and hydraulic lines, potentially resulting in
chafing of the IDG power cables. Chafed IDG power cables can
generate high energy arcing, which can result in an uncontrolled
fire in the aft equipment bay.
    This [TCCA] directive mandates the detailed visual inspection
[for chafing and damage] and, if required, rectification of the IDG
power cables and hydraulic line support bracket.

You may obtain further information by examining the MCAI in the AD
docket.

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.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

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
chafed IDG power cables can generate high energy arcing, which can
result in an uncontrolled fire in the aft equipment bay. 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-2011-0907; Directorate
Identifier 2011-NM-146-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 because of
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.

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 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); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

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 AD:

2011-18-08 Bombardier, Inc.: Amendment 39-16790. Docket No. FAA-
2011-0907; Directorate Identifier 2011-NM-146-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective
September 9, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes, certificated in any
category, serial numbers 7003 and subsequent.

Subject

    (d) Air Transport Association (ATA) of America Code 24:
Electrical power.

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:

    There has been one reported case of an aft equipment bay fire
occurring due to arcing of chafed integrated drive generator (IDG)
power cables. Additionally, the hydraulic line support brackets
located at the fuselage station (FS) 672 have been found broken in
service on several aeroplanes. A broken hydraulic line support
bracket at FS 672 could result in inadequate clearance between the
IDG power cables and hydraulic lines, potentially resulting in
chafing of the IDG power cables. Chafed IDG power cables can
generate high energy arcing, which can result in an uncontrolled
fire in the aft equipment bay.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Within 45 days after the effective date of this AD, do a
detailed inspection for chafed or damaged IDG power cables from
fuselage station FS652 to FS672, between stringers 8R and 10R, and
for cracked or broken hydraulic line support brackets at FS672.
    (1) If chafing or damage is found on any IDG power cable, before
further flight, replace the IDG power cable using a method approved
by either the Manager, New York Aircraft Certification Office (ACO),
ANE-170, FAA, or Transport Canada Civil Aviation (TCCA) (or its
delegated agent).
    (2) If any cracking or breaking is found on any hydraulic line
support bracket at FS672, before further flight, replace the
hydraulic line support bracket using a method approved by either the
Manager, New York ACO, ANE-170, FAA, or TCCA (or its delegated
agent).

Reporting

    (h) Submit a report of the findings of the inspection required
by paragraph (g) of this

AD to Bombardier Regional Aircraft Customer Response Center, 13100
Boulevard Henri-Fabre, Mirabel, Quebec, Canada J7N 3C6; telephone:
1-514-855-8500; fax: 1-514-855-8501; e-mail:
<EMAIL_ADDRESS>at the applicable time specified in
paragraph (h)(1) or (h)(2) of this AD. The report must include any
finding of chafing of the IDG power cable or broken hydraulic line
support bracket, the airplane serial number, and the number of
landings and flight hours on the airplane.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 10 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 10 days after the effective date of
this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: A Federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

Related Information

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2011-18,
dated July 7, 2011, for related information.

Material Incorporated by Reference

    (k) None.

    Issued in Renton, Washington, on August 12, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-21619 Filed 8-24-11; 8:45 am]
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