[Federal Register Volume 68, Number 20 (Thursday, January 30, 2003)]
[Proposed Rules]
[Pages 4737-4739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2098]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-112-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 a one-time general 
visual inspection of the dust covers for the flight data recorder (FDR) 
and cockpit voice recorder (CVR) equipment for the presence of markings 
that indicate the presence of a chemical-resistant coating, and 
corrective actions if necessary. This action is necessary to prevent 
stripping of the paint and markings from the dust covers for FDR and 
CVR equipment due to hydraulic mist from the actuators, which could 
result in the inability to identify FDR and CVR equipment in the event 
of an accident-recovery mission. The lack of data from FDR and CVR 
equipment could hamper discovery of the unsafe condition that caused an 
accident or an incident and prevent the FAA from developing and 
mandating actions to prevent additional accidents or incidents caused 
by that same unsafe condition. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by March 3, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-112-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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-112-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: Luciano L. Castracane, 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) 256-7535; 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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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-112-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-112-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 environment within the aft equipment compartment has 
proven conducive to stripping the orange paint and markings from the 
dust covers for the flight data recorder (FDR) and cockpit voice 
recorder (CVR) equipment. Reports indicate that such stripping of the 
FDR and CVR dust covers are due to hydraulic mist from the actuators. 
Additional information indicates that engine oil spills could also be a 
factor. A protective coating applied to the dust covers will prevent 
stripping of the paint and markings from the FDR and CVR dust covers. 
Such stripping, if not corrected, could result in the inability to 
identify the FDR and CVR equipment in the event of an accident-recovery 
mission. Identification of the FDR and CVR equipment is essential in 
order to recover the information necessary for evaluating the specific 
and related causes of an accident so that such occurrences can be 
prevented in the future.

FAA's Determination of Unsafe Condition

    This action is necessary to prevent the loss of data recorded on 
the FDR and CVR equipment. The FAA uses the data collected on the FDR 
and CVR to analyze events leading up to and during airplane accidents 
in an effort to identify the cause of the accident. Based on FDR and 
CVR data, we can develop and mandate certain actions to prevent 
additional accidents. Although the loss of FDR and CVR data does not 
directly affect the safety of the airplane, the installation of dust 
covers per this

[[Page 4738]]

proposed AD will prevent stripping of the paint and markings from the 
dust covers for the FDR and CVR that could make it difficult or 
impossible to identify, recover, and analyze data from the recorder. 
The lack of data would make it difficult for us to then take 
appropriate corrective actions to prevent similar accidents in the 
future. Therefore, we have determined that the proposed action is 
necessary.
    It should be noted that the purpose of this proposed action is not 
to enhance the safety of Bombardier Model CL-600-2B19 series airplanes, 
but rather to restore the level of safety provided by the FDR and CVR 
equipment that have been treated with a protective coating to ensure 
identification of such equipment. Therefore, this proposed AD is the 
appropriate regulatory vehicle to achieve this purpose.

Explanation of Relevant Service Information

    Bombardier has issued two service bulletins, both dated October 12, 
2001, which are described as follows:
    [sbull] Canadair Regional Jet Service Bulletin 601R-31-026, 
including the Service Bulletin Comment Sheet--Facsimile Reply Sheet and 
the CRJ 100/200 Service Bulletin Compliance Facsimile Reply Sheet, 
describes procedures for a general visual inspection of the FDR dust 
cover for the presence of markings that indicate the presence of a 
chemical-resistant coating, and corrective actions if necessary. 
Corrective actions include either reworking the FDR dust cover, or 
replacing the dust cover with a new dust cover.
    [sbull] Canadair Regional Jet Service Bulletin 601R-23-056, 
including the Service Bulletin Comment Sheet--Facsimile Reply Sheet and 
the CRJ 100/200 Service Bulletin Compliance Facsimile Reply Sheet, 
describes procedures for a general visual inspection of the CVR dust 
cover for the presence of markings that indicate the presence of a 
chemical-resistant coating, and corrective actions if necessary. 
Corrective actions include either reworking the CVR dust cover, or 
replacing the dust cover with a new dust cover.
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition. TCCA 
classified these service bulletins as mandatory and issued Canadian 
airworthiness directive CF-2001-45, dated December 3, 2001, 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 actions specified in the service bulletins described previously, 
except as discussed below.

Difference Between Service Bulletins and Proposed Rule

    Operators should note that the Accomplishment Instructions of the 
referenced service bulletins describe procedures for completing the 
Comment Sheet--Facsimile Reply Sheet, and CRJ 100/200 Service Bulletin 
Compliance Facsimile Reply Sheet. However, this proposed AD would not 
require such action.

Cost Impact

    There are approximately 570 Model CL-600-2B19 series airplanes of 
the affected design in the worldwide fleet. The FAA estimates that 220 
airplanes of U.S. registry would be affected by this proposed AD.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed inspection at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the proposed AD on U.S. 
operators is estimated to be $132,000, or $60 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 AD were not adopted. However, for affected airplanes 
within the period under the warranty agreement, the FAA has been 
advised that manufacturer has committed previously to its customers 
that it will bear the cost of replacement parts. 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 2002-NM-112-AD.

    Applicability: Model CL-600-2B19 airplanes, serial numbers 7003 
through 7573 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

[[Page 4739]]

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 (d) 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 peeling of the paint and markings from the dust 
covers for the flight data recorder (FDR) and cockpit voice recorder 
(CVR) equipment due to hydraulic mist from the actuators, which 
could result in the inability to identify the FDR and CVR equipment 
in the event of an accident-recovery mission, accomplish the 
following:

One-Time Inspection and Corrective Actions

    (a) For airplanes having serial numbers 7003 through 7067 
inclusive, and 7069 through 7570 inclusive: Within 18 months after 
the effective date of this AD, do a general visual inspection of the 
dust cover for the FDR to determine if a chemical agent resistant 
coating has been applied to the dust cover. Dust covers that have 
had a protective coating applied are identified through the markings 
specified in the service bulletin. Do the inspection per Part A of 
the Accomplishment Instructions of Canadair Regional Jet Service 
Bulletin 601R-31-026, dated October 12, 2001; excluding the Service 
Bulletin Comment Sheet--Facsimile Reply Sheet and the CRJ 100/200 
Service Bulletin Compliance Facsimile Reply Sheet.
    (1) If specified markings are present, no further action is 
required by this paragraph.
    (2) If specified markings are not present, before further 
flight, do the action required by either paragraph (a)(2)(i) or 
(a)(2)(ii) of this AD:
    (i) Rework the FDR dust cover per Part B of the Accomplishment 
Instructions of the service bulletin; or
    (ii) Replace the FDR dust cover with a new dust cover per Part C 
of the Accomplishment Instructions of the service bulletin.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (b) For airplanes having serial numbers 7003 through 7067 
inclusive, and 7069 through 7573 inclusive: Within 18 months after 
the effective date of this AD, do a general visual inspection of the 
CVR dust cover to determine if a chemical agent resistant coating 
has been applied to the dust cover. Dust covers that have had a 
protective coating applied are identified through the markings 
specified in the service bulletin. Do the inspection per Part A of 
the Accomplishment Instructions of Bombardier Canadair Regional Jet 
Service Bulletin 601R-23-056, dated October 12, 2001; excluding 
Comment Sheet--Facsimile Reply Sheet, and CRJ 100/200 Service 
Bulletin Compliance Facsimile Reply Sheet.
    (1) If specified markings are present, no further action is 
required by this paragraph.
    (2) If specified markings are not present, before further 
flight, do the action required by either paragraph (b)(2)(i) or 
(b)(2)(ii) of this AD:
    (i) Rework the CVR dust cover per Part B of the Accomplishment 
Instructions of the service bulletin; or
    (ii) Replace the CVR dust cover with a new dust cover per Part C 
of the Accomplishment Instructions of the service bulletin.

Parts Installation

    (c) As of the effective date of this AD, no person shall install 
an FDR dust cover, part number (P/N) 074E0198-00; or a CVR dust 
cover, P/N 075E0604-00 or 9300A218S; unless the rework action 
required by paragraphs (a)(2)(i) and (b)(2)(i) of this AD, as 
applicable, has been done.

Alternative Methods of Compliance

    (d) 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 3: 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

    (e) 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 4: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-45, dated December 3, 2001.


    Issued in Renton, Washington, on January 23, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification Service
[FR Doc. 03-2098 Filed 1-29-03; 8:45 am]
BILLING CODE 4910-13-P