[Federal Register Volume 68, Number 8 (Monday, January 13, 2003)]
[Rules and Regulations]
[Pages 1517-1519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-332]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-250-AD; Amendment 39-13013; AD 2003-01-02]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Bombardier Model CL-600-2B19 (Regional Jet Series 
100 & 440) series airplanes, that requires replacement of the existing 
smoke detectors in the cargo compartment with new, improved smoke 
detectors. This amendment is prompted by mandatory continuing 
airworthiness information from a civil airworthiness authority. The 
actions specified by this 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: Effective February 18, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 18, 2003.

ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration 
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, New York Aircraft Certification 
Office, 10 Fifth Street, Third Floor, Valley Stream, New York; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Bombardier Model CL-600-
2B19 series airplanes was published as a second supplemental notice of 
proposed rulemaking (NPRM) in the Federal Register on August 16, 2002 
(67 FR 53525). That action proposed to require replacement of the 
existing smoke detectors in the cargo compartment with new, improved 
smoke detectors. That action also proposed to include spare part 
information.

[[Page 1518]]

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Explanation of Change to Applicability

    We have revised the applicability of the final rule to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Explanation of Editorial Change

    We have changed the service bulletin citations throughout this 
final rule to exclude the CRJ 100/200 Service Bulletin Compliance 
Facsimile Reply Sheet and Service Bulletin Comment Sheet--Facsimile 
Reply Sheet. (Those forms are intended to be completed by operators and 
submitted to the manufacturer to provide input on the quality of the 
service bulletins and report compliance; however, this AD does not 
include such requirements.)

Conclusion

    After careful review of the available data, the FAA has determined 
that air safety and the public interest require the adoption of the 
rule with the change previously described. The FAA has determined that 
this change will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Cost Impact

    The FAA estimates that 281 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 2 work hours per 
airplane to accomplish the required 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 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 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.

Regulatory Impact

    The regulations adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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:

2003-01-02 Bombardier, Inc. (Formerly Canadair): Amendment 39-13013. 
Docket 2001-NM-250-AD.
    Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440) 
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 (c) 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, excluding CRJ 100/200 Service Bulletin Compliance 
Facsimile Reply Sheet and Service Bulletin Comment Sheet--Facsimile 
Reply Sheet; or Revision C, dated August 17, 2001, excluding CRJ 
100/200 Service Bulletin Compliance Facsimile Reply Sheet and 
Service Bulletin Comment Sheet--Facsimile Reply Sheet.

Spares

    (b) As of the effective date of this AD, no person shall install 
Walter Kidde Aerospace smoke detectors having P/N 473052 on any 
airplane.

Alternative Methods of Compliance

    (c) 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

    (d) 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.

Incorporation by Reference

    (e) The replacement shall be done in accordance with Bombardier 
Service Bulletin 601R-26-016, Revision B, dated August 10, 2001, 
excluding CRJ 100/200 Service Bulletin Compliance Facsimile Reply 
Sheet and

[[Page 1519]]

Service Bulletin Comment Sheet--Facsimile Reply Sheet; or Bombardier 
Service Bulletin 601R-26-016, Revision C, dated August 17, 2001, 
excluding CRJ 100/200 Service Bulletin Compliance Facsimile Reply 
Sheet and Service Bulletin Comment Sheet--Facsimile Reply Sheet. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Bombardier, Inc., Canadair, 
Aerospace Group, P.O. Box 6087, Station Centreville, Montreal, 
Quebec H3C 3G9, Canada. Copies may be inspected 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; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

    Note 3: The subject of this AD is addressed in Canadian 
airworthiness directive

    CF-2001-21, dated May 23, 2001.

Effective Date

    (f) This amendment becomes effective on February 18, 2003.

    Issued in Renton, Washington, on December 31, 2002.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-332 Filed 1-10-03; 8:45 am]
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