[Federal Register Volume 67, Number 64 (Wednesday, April 3, 2002)]
[Proposed Rules]
[Pages 15760-15762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-250-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Bombardier Model CL-600-2B19 
series airplanes, that would have required replacement of the existing 
smoke detectors in the cargo compartment with new, improved smoke 
detectors. That proposal was prompted by mandatory continuing 
airworthiness information from a foreign airworthiness authority. This 
new action revises the proposed rule by specifying compliance per 
corrected service information. The actions specified by this new 
proposed AD are intended to prevent false smoke warnings from the smoke 
detectors in the cargo compartment. A false smoke warning prompts the 
flightcrew to discharge fire extinguisher bottles, leaving those 
bottles depleted in the event of an actual fire. Repeated false smoke 
warnings create uncertainty as to whether an emergency landing and 
emergency evacuation of passengers and flightcrew is warranted.

DATES: Comments must be received by April 29, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-250-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-250-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 
6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada. This 
information may be examined at the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, New York 
Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley 
Stream, New York.

FOR FURTHER INFORMATION CONTACT: Dan Parrillo, Aerospace Engineer, ANE-
172, FAA, New York Aircraft Certification Office, 10 Fifth Street, 
Third Floor, Valley Stream, New York; telephone (516) 256-7505; fax 
(516) 568-2716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-250-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2001-NM-250-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Bombardier Model CL-600-2B19 series airplanes, was published as 
a notice of proposed rulemaking (NPRM) in the Federal Register on 
October 4, 2001 (66 FR 50582). That NPRM would have required 
replacement of the existing smoke detectors in the cargo compartment 
with new, improved smoke detectors. That NPRM was prompted by mandatory 
continuing airworthiness information from a foreign airworthiness 
authority. A false smoke warning prompts the flightcrew to discharge 
fire extinguisher bottles, leaving those bottles depleted in the event 
of an actual fire. That condition, if not corrected, could result in 
repeated false smoke warnings that create uncertainty as to whether an 
emergency landing and emergency evacuation of passengers and flightcrew 
is warranted.

[[Page 15761]]

Comments

    Due consideration has been given to the single comment received in 
response to the NPRM.

Request To Reference Latest Service Bulletin Revisions

    One commenter points out that, since the issuance of the NPRM, the 
manufacturer has issued Bombardier Service Bulletin 601R-26-016, 
Revision ``B,'' dated August 10, 2001, and Revision ``C,'' dated August 
17, 2001. Revision ``B'' of the service bulletin was issued to: correct 
a wire change referenced in Revision ``A;'' revise the figure reference 
and the positioner part number; and provide a compliance statement. 
Revision ``C'' retains the corrections specified by Revision ``B'' and 
adds certain administrative information, which specifies that purchase 
orders should be submitted in order to obtain kit(s) referenced in the 
service bulletin. Therefore, the commenter requests that the NPRM be 
revised to specify the new service information.
    The FAA agrees that the service bulletin revisions describing the 
corrected wiring changes should be referenced in the AD to ensure that 
the wiring procedures are accomplished correctly. Therefore, we have 
revised paragraph (a) of the AD to specify Revision ``B'' or Revision 
``C'' as the correct reference for replacement of the existing smoke 
detectors having part number (P/N) 473052.

Conclusion

    This change expands the scope of the originally proposed rule by 
removing reference Revision ``A'' of Bombardier Service Bulletin 601R-
26-016, which contains incorrect wiring instructions. Accordingly, this 
supplemental NPRM proposes to require accomplishment of the proposed 
actions per Revision ``B'' or ``C'' of the service bulletin. Therefore, 
the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Cost Impact

    The FAA estimates that 281 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 2 work 
hours per airplane to accomplish the proposed replacement of the 
existing smoke detectors in the cargo compartment with new, improved 
smoke detectors, and that the average labor rate is $60 per work hour. 
The cost of required parts is approximately $4,136 ($876 for one smoke 
detector kit and $1,630 each for two smoke detectors). Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $1,195,936, or $4,256 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Bombardier, Inc. (Formerly Canadair): Docket 2001-NM-250-AD.

    Applicability: Model CL-600-2B19 series airplanes, serial 
numbers 7003 through 7480 inclusive; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent false smoke warnings from the smoke detectors in the 
cargo compartment, which prompt the flightcrew to discharge fire 
extinguisher bottles, leaving those bottles depleted in the event of 
an actual fire, or which create uncertainty as to whether an 
emergency landing and emergency evacuation of passengers and 
flightcrew is warranted, accomplish the following:

Replacement

    (a) Within 18 months after the effective date of this AD: 
Replace the existing smoke detectors having part number (P/N) 
473052, which are located in the cargo compartment, with new, 
improved smoke detectors having P/N 473597-19, in accordance with 
Bombardier Service Bulletin 601R-26-016, Revision ``B,'' dated 
August 10, 2001, or Revision ``C,'' dated August 17, 2001.

Alternative Methods of Compliance

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, New York Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, New York ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Note 3: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-21, dated May 23, 2001.



[[Page 15762]]


    Issued in Renton, Washington, on March 27, 2002.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-7994 Filed 4-2-02; 8:45 am]
BILLING CODE 4910-13-P