[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Rules and Regulations]
[Pages 9509-9511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4347]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-100-AD; Amendment 39-13070; AD 2003-04-21]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 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 
440) series airplanes, that requires 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: Effective April 4, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 4, 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, 
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: 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 (Regional Jet Series 440) series airplanes was published in the 
Federal Register on August 7, 2002 (67 FR 51147). That action proposed 
to require replacement of the overwing emergency exit placards, door 
weight placards, and no baggage placards with new placards.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

[[Page 9510]]

Requests That Credit Be Given for Previous Replacement

    Two commenters request that the FAA revise the notice of proposed 
rulemaking (NPRM) to specify that replacement accomplished before the 
effective date of this AD per Bombardier Alert Service Bulletin A601R-
11-077, dated July 12, 2001, is considered acceptable for compliance 
with the replacement specified in paragraph (a) of the NPRM. One 
commenter states that, with the exception of the pre-modification 
location of placards for certain airplanes, the changes embodied in 
Revision ``A'' of the service bulletin are not significant for the 
proper execution of the bulletin and, therefore, result in the same 
level of safety. Another commenter states that Canadian airworthiness 
directive CF-2002-12, dated February 4, 2002, allows credit for 
airplanes modified per the original service bulletin.
    We agree. We have added a new paragraph (b) in the final rule to 
provide operators with credit for previously accomplishing Bombardier 
Alert Service Bulletin A601R-11-077, dated July 12, 2001, and have 
redesignated the subsequent paragraphs.

Request To Clarify Reference to Attachments

    One commenter requests clarification about the attachments 
specified in paragraph (a) of the NPRM. The commenter states that 
Bombardier Alert Service Bulletin A601R-11-077, Revision ``A,'' does 
not reference ``Attachments'' within its text. However, the commenter 
notes that, following page 46 of 46 of the service bulletin, there are 
two pages--a comment sheet and a compliance sheet. The commenter 
recommends calling those pages by their given names.
    We agree and have revised the names of those sheets in the final 
rule accordingly. In addition, for clarification purposes, we have 
changed the service bulletin citation throughout this final rule to 
exclude those sheets. As stated in the NPRM, this AD does not require 
operators to complete the comment and compliance sheets.

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.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Cost Impact

    We estimate that 284 Model CL-600-2B19 (Regional Jet Series 440) 
series airplanes of U.S. registry will be affected by this AD, that it 
will take approximately between 1 and 2 hours per airplane depending on 
the airplane configuration to accomplish the required actions, and that 
the average labor rate is $60 per work hour. Required parts will cost 
approximately between $47 and $195 per airplane depending on the 
configuration of the airplane. Based on these figures, the cost impact 
of the 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 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, we have 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 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:

2003-04-21 Bombardier, Inc. (Formerly Canadair): Amendment 39-13070. 
Docket 2002-NM-100-AD.

    Applicability: Model CL-600-2B19 (Regional Jet Series 440) 
series airplanes, certificated in any category, having the serial 
numbers listed in the following table:

                          Table--Serial Numbers
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                               Serial Nos.
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7003 through 7434 inclusive.
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7436 through 7442 inclusive.
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7444 through 7452 inclusive.
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7454 through 7458 inclusive.
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7460 through 7497 inclusive.
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7499 through 7504 inclusive.
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    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

[[Page 9511]]

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:

Replacement 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, 
excluding Service Bulletin Comment Sheet-Facsimile Reply Sheet and 
CRJ 100/200 Service Bulletin Compliance Facsimile Reply Sheet.
    (b) Replacement accomplished before the effective date of this 
AD per Bombardier Alert Service Bulletin A601R-11-077, dated July 
12, 2001, is considered acceptable for compliance with the 
replacement specified in paragraph (a) of this AD.

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) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Bombardier Alert Service Bulletin A601R-11-
077, Revision ``A,'' dated December 11, 2001, excluding Service 
Bulletin Comment Sheet-Facsimile Reply Sheet and CRJ 100/200 Service 
Bulletin Compliance 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 A, Montreal, Quebec H3 C 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-2002-12, dated February 4, 2002.

Effective Date

    (f) This amendment becomes effective on April 4, 2003.

    Issued in Renton, Washington, on February 19, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-4347 Filed 2-27-03; 8:45 am]
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