Federal Register / Vol. 77, No. 106 / Friday, June 1, 2012 / Proposed Rules 32439 

(g) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

may approve AMOCs for this AD. Use the 

procedures found in 14 CFR 39.19 to make 

your request. 

(h) Related Information 

(1) For more information about this AD, 

contact Rose Len, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7772; fax: 781–238–7199; 

email: rose.len@faa.gov. 

(2) European Aviation Safety Agency AD 

2012–0054, dated April 2, 2012, also pertains 

to this AD. 

(3) For service information identified in 

this AD, contact Turbomeca, 40220 Tarnos, 

France; phone: 33 (0)5 59 74 40 00; telex: 570 

042; fax: 33 (0)5 59 74 45 15. You may review 

copies of the referenced service information 

at the FAA, Engine & Propeller Directorate, 

12 New England Executive Park, Burlington, 

MA. You may review copies of the referenced 

service information at the FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

Issued in Burlington, Massachusetts, on 

May 25, 2012. 

Pete A. White, 

Manager, Engine & Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–13324 Filed 5–31–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0496; Directorate 

Identifier 2011–NM–263–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

that applies to certain Bombardier, Inc. 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) airplanes. The existing 

AD currently requires revising the 

airworthiness limitations section (AWL) 

of the instructions for continued 

airworthiness (ICA) of the Canadair 

Regional Jet Maintenance Requirements 

Manual by incorporating new 

procedures for repetitive detailed and 

special detailed inspections for cracking 

of the aft pressure bulkhead. Since we 

issued that AD, we have received 

multiple reports of cracks on the 

forward face of the rear pressure 

bulkhead (RPB) web. This proposed AD 

would require revising the maintenance 

program to incorporate a revised task 

specified in a certain temporary 

revision, which requires an improved 

non-destructive inspection procedure; 

and adds airplanes to the applicability. 

We are proposing this AD to detect and 

correct cracking in the RPB, which 

could result in reduced structural 

integrity and rapid decompression of 

the airplane. 

DATES: We must receive comments on 

this proposed AD by July 16, 2012. 

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: (202) 493–2251. 

• 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 proposed AD, contact Bombardier, 

Inc., 400 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; email 

thd.crj@aero.bombardier.com; Internet 

http://www.bombardier.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Zimmer, Aerospace Engineer, 

Airframe & Mechanical Systems Branch, 

ANE–171, New York Aircraft 

Certification Office (ACO), FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7306; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2012–0496; Directorate Identifier 

2011–NM–263–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On October 31, 2005, we issued AD 

2005–23–01, Amendment 39–14359 (70 

FR 69073, November 14, 2005). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. Since we issued AD 2005–23–01, 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2011–30, 

dated August 11, 2011 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

Cracks on the forward face of the Rear 

Pressure Bulkhead (RPB) web have been 

discovered on three CL–600–2B19 aeroplanes 

in-service. This indicates that the existing 

inspection requirements of Airworthiness 

Limitation (AWL) task 53–61–153 mandated 

by [TCCA] AD CF–2005–13R1 are not 

adequate. Failure of the RPB could result in 

rapid decompression of the aeroplane. 

A Temporary Revision has been made to 

Part 2 of the Maintenance Requirements 

Manual (MRM) to revise the existing AWL 

task by introducing an improved NonDestructive Inspection (NDI) procedure to 

ensure that fatigue cracking of the RPB is 

detected and corrected. 

This [TCCA] directive mandates the 

incorporation of a new NDI procedure for 

AWL task number 53–61–153. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Bombardier Inc. has issued 

Temporary Revision 2B–2187, dated 

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32440 Federal Register / Vol. 77, No. 106 / Friday, June 1, 2012 / Proposed Rules 

June 22, 2011, to Appendix B— 

Airworthiness Limitations, of Part 2 of 

the Bombardier CL–600–2B19 MRM. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 586 products of U.S. 

registry. 

The actions that are required by AD 

2005–23–01, Amendment 39–14359 (70 

FR 69073, November 14, 2005), and 

retained in this proposed AD take about 

2 work-hours per product, at an average 

labor rate of $85 per work hour. Based 

on these figures, the estimated cost of 

the currently required actions is $170 

per product. 

We estimate that it would take about 

1 work-hour per product to comply with 

the new basic requirements of this 

proposed AD. The average labor rate is 

$85 per work-hour. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$49,810, or $85 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing airworthiness directive (AD) 

2005–23–01, Amendment 39–14359 (70 

FR 69073, November 14, 2005), and 

adding the following new AD: 

Bombardier, Inc.: Docket No. FAA–2012– 

0496; Directorate Identifier 2011–NM– 

263–AD. 

(a) Comments Due Date 

We must receive comments by July 16, 

2012. 

(b) Affected ADs 

This AD supersedes AD 2005–23–01, 

Amendment 39–14359 (70 FR 69073, 

November 14, 2005). 

(c) Applicability 

(1) 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. 

(2) This AD requires revisions to certain 

operator maintenance documents to include 

new inspections. Compliance with these 

inspections is required by 14 CFR 91.403(c). 

For airplanes that have been previously 

modified, altered, or repaired in the areas 

addressed by these inspections, the operator 

may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance according 

to paragraph (k)(1) of this AD. The request 

should include a description of changes to 

the required inspections that will ensure the 

continued damage tolerance of the affected 

structure. The FAA has provided guidance 

for this determination in FAA Advisory 

Circular (AC) 25.1529–1A, dated November 

20, 2007 (http://rgl.faa.gov/ 

Regulatory_and_Guidance_Library/ 

rgAdvisoryCircular.nsf/list/AC%2025.1529- 

1A/$FILE/AC%2025.1529-1A.pdf). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53: Fuselage. 

(e) Reason 

This AD was prompted by multiple reports 

of cracks on the forward face of the rear 

pressure bulkhead (RPB) web. We are issuing 

this AD to detect and correct cracking in 

RPB, which could result in reduced 

structural integrity and rapid decompression 

of the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Retained Revision to the Airworthiness 

Limitations (AWL) Section 

This paragraph restates the requirements of 

paragraph (f) of AD 2005–23–01, Amendment 

39–14359 (70 FR 69073, November 14, 2005). 

For airplanes having serial numbers 7003 

through 8025 inclusive, 8030, and 8034: 

Within 30 days after November 29, 2005 (the 

effective date of AD 2005–23–01), revise the 

Airworthiness Limitations section of the 

Instructions for Continued Airworthiness of 

the Canadair Regional Jet Maintenance 

Requirements Manual (MRM), Part 2, 

Appendix B, ‘‘Airworthiness Limitations,’’ by 

incorporating the information specified in 

AWL Number 53–61–153 of the Canadair 

Regional Jet Temporary Revision (TR) 2B– 

2109, dated October 13, 2005, into the AWL 

section. Perform the applicable detailed and 

special detailed inspections for cracking of 

the aft pressure bulkhead, as specified in the 

TR, at the applicable compliance time 

specified in table 1 of this AD. Repeat the 

detailed inspection thereafter at intervals not 

to exceed 1,085 flight cycles, and repeat the 

special detailed inspection thereafter at 

intervals not to exceed 4,360 flight cycles, in 

accordance with the procedures specified in 

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Federal Register / Vol. 77, No. 106 / Friday, June 1, 2012 / Proposed Rules 32441 

AWL Number 53–61–153, as introduced by 

Canadair Regional Jet TR 2B–2109, dated 

October 13, 2005, to Appendix B, 

‘‘Airworthiness Limitations,’’ of Part 2 of the 

Canadair Regional Jet MRM. 

TABLE 1—COMPLIANCE TIMES FOR INITIAL INSPECTIONS

As of November 29, 2005 (the effective date of 

AD 2005–23–01, Amendment 39–14359 (70 FR 

69073, November 14, 2005)): If the total flight 

cycles accumulated on the airplane are— 

Inspect before the airplane accumulates— 

8,000 or fewer ..................................................... 12,000 total flight cycles. 

More than 8,000 but fewer than 12,000 ............. 15,000 total flight cycles or within 4,000 flight cycles after November 29, 2005 (the effective 

date of AD 2005–23–01, Amendment 39–14359 (70 FR 69073, November 14, 2005)), 

whichever is first. 

12,000 or more but fewer than 15,000 ............... 17,000 total flight cycles or within 3,000 flight cycles after November 29, 2005 (the effective 

date of AD 2005–23–01), whichever is first. 

15,000 or more but fewer than 17,000 ............... 18,500 total flight cycles or within 2,000 flight cycles after November 29, 2005 (the effective 

date of AD 2005–23–01), whichever is first. 

17,000 or more but fewer than 18,500 ............... 19,500 total flight cycles or within 1,500 flight cycles after November 29, 2005 (the effective 

date of AD 2005–23–01), whichever is first. 

18,500 or more but fewer than 19,500 ............... 20,000 total flight cycles or within 1,000 flight cycles after November 29, 2005 (the effective 

date of AD 2005–23–01), whichever is first. 

19,500 or more ................................................... 500 flight cycles after November 29, 2005 (the effective date of AD 2005–23–01). 

(h) Retained General Revision of MRM 

This paragraph restates the requirements of 

paragraph (g) of AD 2005–23–01, 

Amendment 39–14359 (70 FR 69073, 

November 14, 2005). For airplanes having 

serial numbers 7003 through 8025 inclusive, 

8030, and 8034: When the information in 

AWL Number 53–61–153 of the Canadair 

Regional Jet TR 2B–2109, dated October 13, 

2005, to Appendix B, ‘‘Airworthiness 

Limitations,’’ of Part 2 of the Canadair 

Regional Jet MRM, is included in the general 

revisions of the MRM, the general revisions 

may be inserted into the AWL section of the 

Instructions for Continued Airworthiness, 

and this information may be removed from 

the MRM. 

(i) New Revision of the Maintenance 

Program 

Within 60 days after the effective date of 

this AD: Revise the maintenance program by 

incorporating the revised inspection 

requirements specified in AWL Number 53– 

61–153 of Bombardier TR 2B–2187, dated 

June 22, 2011, to Appendix B –Airworthiness 

Limitations, of Part 2 of the Bombardier CL– 

600–2B19 MRM. The initial compliance 

times for the task start at the applicable time 

specified in paragraphs (i)(1) and (i)(2) of this 

AD. Doing an inspection required by 

paragraph (i) of this AD terminates the 

requirements of paragraph (g) of this AD. 

(1) For airplanes that have accumulated 

10,500 total flight cycles or less as of the 

effective date of this AD: Before the 

accumulation of 12,000 total flight cycles. 

(2) For airplanes that have accumulated 

more than 10,500 total flight cycles as of the 

effective date of this AD: Within 1,500 flight 

cycles after the effective date of this AD, or 

at the next scheduled inspection interval for 

AWL Number 53–61–153, whichever occurs 

first. 

(j) No Alternative Actions or Intervals 

After accomplishing the revisions required 

by paragraph (i) of this AD, no alternative 

actions (e.g., inspections) or intervals may be 

used other than those specified in Canadair 

Regional Jet TR 2B–2109, dated October 13, 

2005, to Appendix B, ‘‘Structural 

Airworthiness Limitations, of Part 2 of the 

Canadair Regional Jet MRM; and Bombardier 

TR 2B–2187, dated June 22, 2011, to 

Appendix B—Airworthiness Limitations, of 

Part 2 of the Bombardier CL–600–2B19 MRM; 

unless the actions and intervals are approved 

as an AMOC in accordance with the 

procedures specified in paragraph (k)(1) of 

this AD. 

(k) 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 manager of 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: (516) 228–7300; 

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. 

(l) Related Information 

Refer to MCAI Canadian Airworthiness 

Directive CF–2011–30, dated August 11, 

2011, and the following temporary revision; 

for related information. 

(1) Bombardier TR 2B–2187, dated June 22, 

2011, to Appendix B—Airworthiness 

Limitations, of Part 2 of the Bombardier CL– 

600–2B19 MRM. 

(2) Canadair Regional Jet TR 2B–2109, 

dated October 13, 2005, to Appendix B, 

‘‘Airworthiness Limitations,’’ of Part 2 of the 

Canadair Regional Jet MRM. 

Issued in Renton, Washington, on May 18, 

2012. 

Michael J. Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–13329 Filed 5–31–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No. FAA–2011–0045] 

Proposed Legal Interpretation 

AGENCY: Federal Aviation 

Administration (FAA). 

ACTION: Proposed interpretation. 

SUMMARY: The FAA is considering 

clarifying prior legal interpretations 

regarding pilot in command discretion 

under 14 CFR 121.547(a)(3) and (a)(4). 

DATES: Comments must be received on 

or before July 31, 2012. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2011–0045 using any of the following 

methods: 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

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