20746 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0328; Directorate 

Identifier 2011–NM–259–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 adopt a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model CL–600–2B19 

(Regional Jet Series 100 & 440) 

airplanes. This proposed AD was 

prompted by reports of jamming/ 

malfunctioning of the left-hand engine 

thrust control mechanism. This 

proposed AD would require modifying 

the left-hand engine upper core-cowl. 

We are proposing this AD to prevent 

jamming/malfunctioning of the lefthand engine thrust control mechanism, 

which could lead to loss of control of 

the airplane. 

DATES: We must receive comments on 

this proposed AD by May 21, 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: 

Mazdak Hobbi, Aerospace Engineer, 

Propulsion and Services Branch, ANE– 

173, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue. Westbury, NY 11590; 

telephone (516) 228–7330; 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–2012–0328; Directorate Identifier 

2011–NM–259–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 

The Transport Canada Civil Aviation, 

which is the aviation authority for 

Canada, has issued Canadian 

Airworthiness Directive CF–2011–38, 

dated October 19, 2011 (referred to after 

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

condition for the specified products. 

The MCAI states: 

There have been several reported incidents 

of jamming/malfunctioning of the left hand 

(L/H) engine thrust control mechanism on 

the affected aeroplanes. The investigation has 

shown that an improperly stowed or 

dislodged upper core-cowl-door Hold Open 

Rod, can impede a Fuel Control Unit (FCU) 

function by obstructing the movement of the 

FCU actuating lever arm, hence rendering the 

L/H engine thrust control inoperable. 

Due to the engine’s orientation, the subject 

FCU fouling is limited only to the L/H engine 

installation on the affected twin engine 

powered aeroplanes; however the potential 

hazard of any in-flight engine shut down 

caused by jammed engine fuel control lever 

is a safety concern that warrants mitigating 

action. 

In order to help alleviate the possibility of 

an in-flight engine shut down due to the 

subject fouling of the FCU lever by the corecowl-door Hold Open Rod, Bombardier has 

issued a Service Bulletin (SB) to install a new 

bracket at the L/H engine upper core-cowldoor location. This [Canadian] directive is 

issued to mandate the incorporation of the 

SB 601R–71–033 on the affected aeroplanes. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Bombardier, Inc. has issued Service 

Bulletin 601R–71–033, dated August 24, 

2011. 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 601 products of U.S. 

registry. We also estimate that it would 

take about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $54 per product. 

Where the service information lists 

required parts costs that are covered 

under warranty, we have assumed that 

there will be no charge for these parts. 

As we do not control warranty coverage 

for affected parties, some parties may 

incur costs higher than estimated here. 

Based on these figures, we estimate the 

cost of the proposed AD on U.S. 

operators to be $134,624, or $224 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 


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Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Proposed Rules 20747 

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 adding 

the following new AD: 

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

0328; Directorate Identifier 2011–NM– 

259–AD. 

(a) Comments Due Date 

We must receive comments by May 21, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc. Model 

CL–600–2B19 (Regional Jet Series 100 & 440) 

airplanes, certificated in any category; serial 

numbers 7003 through 7067 inclusive, 7069 

through 7990 inclusive, and 8000 through 

8112 inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 71: Powerplant. 

(e) Reason 

This AD was prompted by reports of 

jamming/malfunctioning of the left-hand 

engine thrust control mechanism. We are 

issuing this AD to prevent jamming/ 

malfunctioning of the left-hand engine thrust 

control mechanism, which could lead to loss 

of control 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) Actions 

Within 36 months or 6,000 flight hours 

after the effective date of this AD, whichever 

occurs first: Modify the left-hand engine 

upper core-cowl, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 601R–71–033, dated August 

24, 2011. 

(h) 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 New York 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. 

(i) Related Information 

Refer to MCAI Canadian Airworthiness 

Directive CF–2011–38, dated October 19, 

2011; and Bombardier Service Bulletin 601R– 

71–033, dated August 24, 2011; for related 

information. 

Issued in Renton, Washington, on March 

15, 2012. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–8221 Filed 4–5–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0316; Airspace 

Docket No. 12–ANM–1] 

Proposed Amendment of Class E 

Airspace; Billings, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E airspace at Billings 

Logan International Airport, Billings, 

MT, to accommodate aircraft using Area 

Navigation (RNAV) Global Positioning 

System (GPS) standard instrument 

approach procedures at Billings Logan 

International Airport. This action also 

would make a minor adjustment to the 

geographic coordinates of the airport. 

The FAA is proposing this action to 

enhance the safety and management of 

Instrument Flight Rules (IFR) operations 

at the airport. 

DATES: Comments must be received on 

or before May 21, 2012. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590; 

telephone (202) 366–9826. You must 

identify FAA Docket No. FAA–2012– 

0316; Airspace Docket No. 12–ANM–1, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 


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