[Federal Register Volume 67, Number 152 (Wednesday, August 7, 2002)]
[Proposed Rules]
[Pages 51147-51149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19876]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-100-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Bombardier Model CL-600-
2B19 series airplanes. This proposal would require replacement of the 
overwing emergency exit placards, door weight placards, and no baggage 
placards with new placards. This action is necessary to prevent the 
inability of a passenger to open and dispose of the overwing emergency 
exit door during an emergency evacuation due to incorrect placards. 
This action is intended to address the identified unsafe condition.

DATES: Comments must be received by September 6, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-100-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. 2002-NM-100-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.

[[Page 51148]]

    The service information referenced in the proposed rule may be 
obtained from Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 
6087, Station Centreville, 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 11581.

FOR FURTHER INFORMATION CONTACT: Dan Parrillo, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York 11581; 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 2002-NM-100-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. 2002-NM-100-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified the FAA that an unsafe condition may 
exist on certain Bombardier Model CL-600-2B19 series airplanes. TCCA 
advises that the instructions pictured on the overwing emergency exit 
placards are incorrect. The existing placards show a person opening the 
overwing emergency exit door in a sitting position, but disposing of it 
while standing. Due to seat pitch and placement, the overwing emergency 
exit door can be opened and disposed of only while a person is seated. 
Incorrect placards on the overwing emergency exit door, if not 
corrected, could result in the inability of a passenger to open and 
dispose of the overwing emergency exit door during an emergency 
evacuation.

Explanation of Relevant Service Information

    Bombardier has issued Alert Service Bulletin A601R-11-077, Revision 
``A,'' dated December 11, 2001, including Attachments 1 and 2, which 
describes procedures for replacement of the overwing emergency exit 
placards, door weight placards, and no baggage placards with new 
placards (including cleaning of the applicable surface). Accomplishment 
of the actions specified in the service bulletin is intended to 
adequately address the identified unsafe condition. TCCA classified 
this service bulletin as mandatory and issued Canadian airworthiness 
directive CF-2002-12, dated February 4, 2002, in order to assure the 
continued airworthiness of these airplanes in Canada.

FAA's Conclusions

    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, TCCA has kept the FAA informed of 
the situation described above. The FAA has examined the findings of 
TCCA, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the action specified in the service bulletin described previously, 
except as discussed below.

Difference Between Proposed Rule and Referenced Service Bulletin

    Operators should note that, although the Accomplishment 
Instructions of the referenced service bulletin describe procedures for 
completing a comment sheet related to service bulletin quality and a 
sheet recording compliance with the service bulletin, this proposed AD 
would not require those actions. The FAA does not need this information 
from operators.

Difference Between Proposed Rule and Canadian Airworthiness 
Directive

    The Canadian airworthiness directive requires replacement of the 
overwing emergency exit placards, door weight placards, and no baggage 
placards with new placards, per Bombardier Alert Service Bulletin 
A601R-11-077, Revision `A,' dated December 11, 2001, ``or later 
revision approved by the Director, Aircraft Certification, Transport 
Canada.'' This proposed AD would NOT specify the option of 
accomplishing the proposed replacement per later approved revisions of 
the referenced Bombardier service bulletin. The use of the phrase, ``or 
later approved revisions,'' violates Office of the Federal Register 
regulations regarding approval of materials that are incorporated by 
reference. However, affected operators may request approval to use a 
later revision of the referenced service bulletin as an alternative 
method of compliance, under the provisions of paragraph (b) of the 
proposed AD.

Cost Impact

    The FAA estimates that 284 Model CL-600-2B19 series airplanes of 
U.S. registry would be affected by this proposed AD, that it would take 
approximately between 1 and 2 hours per airplane depending on the 
airplane configuration to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Required parts would cost 
approximately between $47 and $195

[[Page 51149]]

per airplane depending on the configuration of the airplane. Based on 
these figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be between $30,388 and $89,460, or $107 and $315 per 
airplane depending on the configuration of the airplane.
    The cost impact figures discussed above are 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 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. However, for affected airplanes within the 
period under the warranty agreement, the FAA has been advised that the 
manufacturer has committed previously to its customers that it will 
bear the cost of the placard kits.

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 2002-NM-100-AD.

    Applicability: Model CL-600-2B19 series airplanes, certificated 
in any category, having the serial numbers listed in the following 
table:

Table--Serial Numbers

Serial Numbers

7003 through 7434 inclusive
7436 through 7442 inclusive
7444 through 7452 inclusive
7454 through 7458 inclusive
7460 through 7497 inclusive
7499 through 7504 inclusive


    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 the inability of a passenger to open and dispose of 
the overwing emergency exit door during an emergency evacuation due 
to incorrect placards, accomplish the following:

Installation of Placards

    (a) Within 12 months after the effective date of this AD, 
replace the overwing emergency exit placards, door weight placards, 
and no baggage placards with new placards (including cleaning of the 
applicable surface), as applicable, per Bombardier Alert Service 
Bulletin A601R-11-077, Revision `A,' dated December 11, 2001, 
including Attachments 1 and 2; except it is not necessary to 
complete the comment and compliance sheet.

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 New York ACO.

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-2002-12, dated February 4, 2002.



    Issued in Renton, Washington, on July 29, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-19876 Filed 8-6-02; 8:45 am]
BILLING CODE 4910-13-P