Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Proposed Rules 3185 

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 adding 

the following new AD: 

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

0034; Directorate Identifier 2011–NM– 

153–AD. 

(a) Comments Due Date 

We must receive comments by March 8, 

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, 

equipped with entrance compartment 

assembly having part numbers that begin 

with A281001, A282001, A283001, A284001, 

4591001, 4592001, 4593001, or 4594001. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 35: Oxygen. 

(e) Reason 

This AD was prompted by a report of a fire 

which started in the vicinity of an electrical 

panel that was fed by oxygen escaping from 

a damaged third crew person oxygen line that 

occurred while the airplane was on the 

ground. We are issuing this AD to prevent the 

possibility of damage to the third crew 

person oxygen line and an oxygen-fed fire in 

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 4,000 flight hours after the effective 

date of this AD, replace and change the 

routing of the flexible oxygen hose of the 

third crew person oxygen line and modify 

the entrance compartment assembly, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

601R–35–017, Revision A, dated June 9, 

2011. 

(h) Parts Installation 

As of the effective date of this AD, no 

person may install an entrance compartment 

assembly with a part number that begins with 

A281001, A282001, A283001, A284001, 

4591001, 4592001, 4593001, or 4594001, or 

a flexible oxygen hose with part number 

38027–0260, on any airplane, unless that 

entrance compartment assembly or flexible 

oxygen hose has been modified, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

601R–35–017, Revision A, dated June 9, 

2011. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the ACO, send it to ATTN: 

Program Manager, Continuing Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, 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. 

(j) Related Information 

Refer to MCAI Canadian Airworthiness 

Directive CF–2011–23, dated July 14, 2011; 

and Bombardier Service Bulletin 601R–35– 

017, Revision A, dated June 9, 2011; for 

related information. 

Issued in Renton, Washington on 

January 13, 2012. 

John Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–1197 Filed 1–20–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–1340; Airspace 

Docket No. 11–AEA–22] 

Proposed Establishment of Class E 

Airspace; Grasonville, MD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E Airspace at 

Grasonville, MD, to accommodate a new 

Area Navigation (RNAV) Global 

Positioning System (GPS) special 

Standard Instrument Approach 

Procedure (SIAP) serving Queen Anne 

E.R. Heliport. This action would 


srobinson on DSK4SPTVN1PROD with PROPOSALS
3186 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Proposed Rules 

enhance the safety and airspace 

management of Instrument Flight Rules 

(IFR) operations within the National 

Airspace System. 

DATES: Comments must be received on 

or before March 8, 2012. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey, SE., Washington, DC 

20590–0001; Telephone: 1–(800) 647– 

5527; Fax: (202) 493–2251. You must 

identify the Docket Number FAA–2011– 

1340; Airspace Docket No. 11–AEA–22, 

at the beginning of your comments. You 

may also submit and review received 

comments through the Internet at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Richard Horrocks, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5588. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

comment on this rule 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– 

2011–1340; Airspace Docket No. 11– 

AEA–22) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Comments 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 

Docket No. FAA–2011–1340; Airspace 

Docket No. 11–AEA–22. The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this notice may be changed 

in light of the comments received. A 

report summarizing each substantive 

public contact with FAA personnel 

concerned with this rulemaking will be 

filed in the docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded from and 

comments submitted through http:// 

www.regulations.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov/ 

airports_airtraffic/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 the 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

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 350, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, to request a copy of 

Advisory circular No. 11–2A, Notice of 

Proposed Rulemaking distribution 

System, which describes the application 

procedure. 

The Proposal 

The FAA is considering an 

amendment to Title 14, Code of Federal 

Regulations (14 CFR) part 71 to establish 

Class E airspace at Grasonville, MD, 

providing the controlled airspace 

required to support the Copter RNAV 

GPS special standard instrument 

approach procedures at Queen Anne 

E.R. Heliport. Controlled airspace 

extending upward from 700 feet above 

the surface is necessary for IFR 

operations within a 6-mile radius of the 

heliport. 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

order 7400.9V, dated August 9, 2011, 

and effective September 15, 2011, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

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 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, 

would not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. 

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 proposed 

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 airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would establish Class E airspace at 

Queen Anne E.R. Heliport, Grasonville, 

MD. 

Lists 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 CLASS E AIRSPACE 

AREAS; AIR TRAFFIC SERVICE 

ROUTES; AND REPORTING POINTS 

1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, effective 

September 15, 2011, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA MD E5 Grasonville, MD [New] 

Queen Anne E.R. Heliport, MD 

(Lat. 38°58′03′′ N., long. 76°10′58′′ W.) 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Proposed Rules 3187 

That airspace extending upward from 700 

feet above the surface within a 6-mile radius 

of Queen Anne E.R. Heliport. 

Issued in College Park, Georgia, on January 

12, 2012. 

Michael Vermuth, 

Acting Manager, Operation Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2012–1203 Filed 1–20–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0035; Directorate 

Identifier 2011–NM–178–AD] 

RIN 2120–AA64 

Airworthiness Directives; the Boeing 

Company 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 

Model 767–200 and –300 series 

airplanes. This proposed AD was 

prompted by reports of fatigue cracking 

on the lower main sill inner chord of the 

hatch opening of the overwing 

emergency exit. This proposed AD 

would require repetitive inspections for 

cracking, corrosion damage, and any 

other irregularity of the lower main sill 

inner chord and surrounding structure, 

and repair if necessary. We are 

proposing this AD to detect and correct 

fatigue cracking on the lower main sill 

inner chord of the hatch opening of the 

overwing emergency exit, which could 

result in reduced structural integrity of 

the hatch opening of the overwing 

emergency exit and consequent rapid 

decompression of the airplane. 

DATES: We must receive comments on 

this proposed AD by March 8, 2012. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone (206) 544–5000, 

extension 1; fax (206) 766–5680; email 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.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 Management Facility 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 Office 

(phone: (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: (425) 

917–6577; fax: (425) 917–6590; e-mail: 

berhane.alazar@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2012–0035; Directorate Identifier 2011– 

NM–178–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 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 proposed AD. 

Discussion 

We received reports of fatigue 

cracking on the lower main sill inner 

chord of the hatch opening of the 

overwing emergency exit on an airplane 

that had completed 42,079 total flight 

cycles. This condition, if not corrected, 

could result in reduced structural 

integrity of the hatch opening of the 

overwing emergency exit and 

consequent rapid decompression of the 

airplane. 

Relevant Service Information 

We reviewed Boeing Alert Service 

Bulletin 767–53A0228, dated July 28, 

2011. This service information describes 

procedures, depending on the airplane 

configuration, for repetitive high 

frequency eddy current inspections for 

cracking of the lower main sill inner 

chord around body station (STA) 883.5; 

repetitive detailed inspections for 

cracking, corrosion damage, and any 

other irregularity of the lower main sill 

inner chord and surrounding structure 

around STA 883.5; and repetitive 

detailed inspections for cracking, 

corrosion damage, and any other 

irregularity of the lower main sill inner 

chord and surrounding structure around 

STA 903.5. This service information 

also describes procedures for repair of 

certain cracking, corrosion damage, or 

other irregularity, if necessary. 

The initial compliance time for the 

inspections is at the later of: (1) before 

37,500 total flight cycles and (2) within 

3,000 flight cycles ‘‘after the original 

issue date of the service bulletin.’’ The 

repetitive intervals are 3,750 flight 

cycles and 7,500 flight cycles, 

depending on the inspection type. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Differences Between the Proposed AD 

and the Service Information.’’ 

Differences Between Proposed AD and 

the Service Information 

Boeing Alert Service Bulletin 767– 

53A0228, dated July 28, 2011, specifies 

to contact the manufacturer for 

instructions on how to repair certain 

conditions, but this proposed AD would 

require repairing those conditions in 

one of the following ways: 


srobinson on DSK4SPTVN1PROD with PROPOSALS