[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Rules and Regulations]
[Pages 22587-22589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10235]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-54-AD; Amendment 39-13133; AD 2003-09-04]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Bombardier Model CL-600-2B19 (Regional Jet 
series 100 & 440) airplanes. This action requires revising the 
airworthiness limitations section of the Instructions for Continued 
Airworthiness by incorporating new structural inspection intervals for 
the pressure floor skin of the center fuselage at fuselage stations 460 
and 513; repair if necessary; and submission of inspection findings to 
the airplane manufacturer. This action is necessary to detect and 
correct in a timely manner fatigue cracks of the pressure floor skin of 
the center fuselage at fuselage stations 460 and 513, which could 
result in failure of the pressure floor skin and consequent rapid 
decompression of the airplane during flight. This action is intended to 
address the identified unsafe condition.

DATES: Effective May 14, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 14, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before May 29, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-54-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 the Internet must contain 
``Docket No. 2003-NM-54-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    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 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.

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: 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 
(Regional Jet series 100 & 440) airplanes. TCCA advises that fatigue 
cracks were found on the pressure floor skin of the center fuselage at 
fuselage stations 460 and 513. This condition, if not corrected, could 
result in failure of the pressure floor skin and consequent rapid 
decompression of the airplane during flight.

Explanation of Canadian Airworthiness Directive and Relevant Service 
Information

    TCCA issued Canadian airworthiness directive CF-2002-39, effective 
October 25, 2002, in order to assure the continued airworthiness of 
these airplanes in Canada. The Canadian airworthiness directive 
requires revising the Transport Canada-approved maintenance schedule by 
incorporating the revised inspection requirements for airworthiness 
limitations (AWL) as introduced in Canadair Temporary Revision (TR) 2B-
1230, Canadair Regional Jet Maintenance Requirements Manual, Part 2, 
Appendix B, ``Airworthiness Limitations,'' approved on July 26, 2002, 
by TCCA. The TR describes new structural inspection intervals for the 
pressure floor skin of the center fuselage at fuselage stations 460 and 
513. The Canadian airworthiness directive also requires repair of any 
crack per the airplane manufacturer and submission of inspection 
findings to the airplane manufacturer. Accomplishment of these actions 
is intended to adequately address the identified unsafe condition.

FAA's Conclusions

    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
Sec.  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 Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same

[[Page 22588]]

type design registered in the United States, this AD is being issued to 
detect and correct in a timely manner fatigue cracks of the pressure 
floor skin of the center fuselage at fuselage stations 460 and 513, 
which could result in failure of the pressure floor skin and consequent 
rapid decompression of the airplane during flight. This AD requires 
revising the AWL section of the Instructions for Continued 
Airworthiness by incorporating new structural inspection intervals for 
the pressure floor skin of the center fuselage at fuselage stations 460 
and 513; repair if necessary; and submission of inspection findings to 
the airplane manufacturer. The AWL revision is required to be 
accomplished per the TR described previously.

Differences Between the AD and Canadian Airworthiness Directive

    Operators should note that, although the Canadian airworthiness 
directive requires that TCCA be contacted only for disposition of the 
repair conditions, this AD would require the repair of those conditions 
to be accomplished per a method approved by either the FAA, or TCAA (or 
its delegated agent). In light of the type of repair that will be 
required to address the identified unsafe condition, and in consonance 
with existing bilateral airworthiness agreements, the FAA has 
determined that, for this AD, a repair approved by either the FAA or 
TCAA will be acceptable for compliance with this AD.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    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 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-54-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-09-04 Bombardier, Inc. (formerly Canadair): Amendment 39-13133. 
Docket 2003-NM-54-AD.

    Applicability: Model CL-600-2B19 (Regional Jet series 100 & 440) 
airplanes, serial numbers 7003 through 7999 inclusive; certificated 
in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR Part 91.403(c). For 
airplanes that have been previously modified, altered, or repaired 
in the areas addressed by these inspections, the operator may not be 
able to accomplish the inspections described in the revisions. In 
this situation, to comply with 14 CFR part 91.403(c), the operator 
must request approval for an alternative method of compliance in 
accordance with paragraph (d) of this AD. The request should include 
a description of changes to the required inspections that will 
ensure the continued damage tolerance of the affected structure. The 
FAA has provided guidance for this determination in Advisory 
Circular (AC) 25-1529.

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct in a timely manner fatigue cracks of the 
pressure floor skin of the center fuselage at fuselage stations 460 
and 513, which could result in failure of the pressure floor skin 
and consequent rapid decompression of the airplane during flight, 
accomplish the following:

Revise Airworthiness Limitations (AWL) Section

    (a) Within 14 days after the effective date of this AD, revise 
the AWL section of the Instructions for Continued Airworthiness by 
inserting a copy of Canadair Temporary Revision 2B-1230, Canadair 
Regional Jet Maintenance Requirements Manual, Part 2, Appendix B, 
``Airworthiness Limitations,'' approved on July 26, 2002, by TCCA, 
into the AWL section. Thereafter, except as provided in paragraph 
(d) of this AD, no alternative

[[Page 22589]]

structural inspection intervals may be approved for the pressure 
floor skin of the center fuselage at fuselage stations 460 and 513.

Repair and Revise AWL section

    (b) If any crack is found during any inspection required by 
paragraph (a) of this AD, before further flight, do the actions 
specified in paragraphs (b)(1) and (b)(2) of this AD.
    (1) Repair per a method approved by either the Manager, New York 
Aircraft Certification Office (ACO), FAA; or Transport Canada Civil 
Aviation (TCCA) (or its delegated agent).
    (2) Revise the AWL section of the Instructions for Continued 
Airworthiness by inserting a copy of the new airworthiness 
limitation and inspection requirements associated with the FAA- or 
TCCA-approved repair referred to in paragraph (b)(1) of this AD into 
the Canadair Regional Jet Maintenance Requirements Manual, Part 2, 
Appendix B, ``Airworthiness Limitations'' section. Thereafter, 
except as provided in paragraph (d) of this AD, no alternative 
structural inspection intervals specified in the TCCA-approved 
repair may be approved for the pressure floor skin of the center 
fuselage at fuselage stations 460 and 513.

Reporting

    (c) Within 30 days after each inspection required by this AD, 
submit a report of the inspection results (both positive and 
negative findings) to Bombardier, Inc., Canadair, Aerospace Group, 
P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, 
Canada; telephone (514) 855-5001, extension 58500; fax (514) 855-
8501. Information collection requirements contained in this AD have 
been approved by the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.) and have been assigned OMB Control Number 2120-0056.

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 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

    (e) Special flight permits may be issued in accordance with 
Sec. Sec.  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

    (f) Unless otherwise specified in this AD, the AWL revision 
shall be done in accordance with Canadair Temporary Revision 2B-
1230, Canadair Regional Jet Maintenance Requirements Manual, Part 2, 
Appendix B, ``Airworthiness Limitations,'' approved on July 26, 
2002, by TCCA (The approval date of this document is indicated only 
on page 2 of 2). 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 Centre-ville, 
Montreal, Quebec H3C 3G9, Canada. Copies may be inspected at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or 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-2002-39, effective date October 25, 2002.

Effective Date

    (g) This amendment becomes effective on May 14, 2003.

    Issued in Renton, Washington, on April 21, 2003.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-10235 Filed 4-28-03; 8:45 am]
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