[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Proposed Rules]
[Pages 40829-40831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17319]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-143-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) 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 Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes. This proposal would require 
revising the airworthiness limitations section of the Instructions for 
Continued Airworthiness by incorporating new structural inspection 
intervals for the vertical beams of the pressure bulkheads at fuselage 
stations 409+128 and 559; repairing the vertical beams if necessary; 
and submitting inspection findings to the airplane manufacturer. This 
action is necessary to detect and correct, in a timely manner, fatigue 
cracks in the vertical beams of the pressure bulkheads at fuselage 
stations 409+128 and 559, which could result in the reduced structural 
integrity of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by August 8, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-143-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. 2003-NM-143-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 or 2000 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: Serge Napoleon, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York 11581; telephone (516) 256-7512; 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 2003-NM-143-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. 2003-NM-143-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 (Regional Jet series 100 
& 440) airplanes. TCCA advises that fatigue cracks were found in the 
vertical beams of the pressure bulkheads at fuselage stations 409+128 
and 559. This

[[Page 40830]]

condition, if not corrected, could result in the reduced structural 
integrity of the airplane.

Explanation of Canadian Airworthiness Directive and Relevant Service 
Information

    TCCA has issued Canadian airworthiness directive CF-2003-08, dated 
April 23, 2003, in order to ensure 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-
1566, Canadair Regional Jet Maintenance Requirements Manual, Part 2, 
Appendix B, ``Airworthiness Limitations,'' dated January 31, 2003. The 
TR describes new structural inspection intervals for the vertical beams 
of the pressure bulkheads at fuselage stations 409+128 and 559 and 
submission of inspection findings to the airplane manufacturer.

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 revising the AWL 
section of the Instructions for Continued Airworthiness by 
incorporating new structural inspection intervals for the vertical 
beams of the pressure bulkheads at fuselage stations 409+128 and 559; 
repairing the vertical beams if necessary; and submitting inspection 
findings to the airplane manufacturer. The AWL revision is required to 
be accomplished per the TR described previously.

Interim Action

    This is considered to be interim action. The inspection reports 
that would be required by this proposed AD would enable the 
manufacturer to obtain better insight into the cause of the fatigue 
cracks in the vertical beams of the pressure bulkheads at fuselage 
stations 409+128 and 559. Once final action has been identified, the 
FAA may consider further rulemaking.

Difference Between This Proposed AD and the Canadian Airworthiness 
Directive

    Operators should note that, although the Canadian airworthiness 
directive requires that the Bombardier Aerospace Regional Aircraft 
Technical Help Desk be contacted for approved repair instructions, this 
proposed AD would require repairs 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 would be required to address the identified 
unsafe condition, and in consonance with existing bilateral 
airworthiness agreements, the FAA has determined that, for this 
proposed AD, a repair approved by either the FAA or TCAA would be 
acceptable for compliance with this proposed AD.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance (AMOCs). Because we have now included this material in part 
39, the office authorized to approve AMOCs is identified in each 
individual AD, and Note 1 includes a special provision for airplanes 
with respect to Airworthiness Limitations.

Increase in Labor Rate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, has been 
revised to reflect this increase in the specified hourly labor rate.

Cost Impact

    The FAA estimates that 533 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$34,645, or $65 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. 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:


[[Page 40831]]


    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 2003-NM-143-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 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 91.403(c), the operator must 
request approval for an alternative method of compliance from the 
office identified in paragraph (d) of this AD and Sections 39.19 and 
39.21 of the Federal Aviation Regulations (14 CFR 39.19 and 39.21). 
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 in the 
vertical beams of the pressure bulkheads at fuselage stations 
409+128 and 559, which could result in the reduced structural 
integrity of the airplane, 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 
incorporating the contents of Canadair Temporary Revision 2B-1566, 
Canadair Regional Jet Maintenance Requirements Manual, Part 2, 
Appendix B, ``Airworthiness Limitations,'' dated January 31, 2003, 
into the AWL section. Thereafter, except as provided in paragraph 
(d) of this AD, no alternative structural inspection intervals may 
be approved for the vertical beams on the pressure bulkheads at 
fuselage stations 409+128 and 559.

    Note 2: When the contents of Temporary Revision (TR) 2B-1566 
have been included in the general revisions of the AWL section, the 
general revisions may be incorporated into the AWL section, and the 
TR may be removed from the AWL section.

Repair and Revise AWL Section

    (b) If any crack is found during any inspection done according 
to the AWL section of the Instructions for Continued Airworthiness 
specified in paragraph (a) of this AD, do the actions specified in 
paragraphs (b)(1) and (b)(2) of this AD.
    (1) Before further flight: 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) Within 14 days after receiving the new airworthiness 
limitations associated with a repair: 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 FAA- or TCCA-approved repair may be approved for 
the vertical beams on the pressure bulkheads at fuselage stations 
409+128 and 559.

Reporting

    (c) Submit a report of the findings (both positive and negative) 
of the inspection required by paragraph (a) of this AD to 
Bombardier, Inc., Canadair, Aerospace Group, CRJ Technical Help 
Desk, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, 
Canada; fax (514) 855-8501; at the applicable time specified in 
paragraph (c)(1) or (c)(2) of this AD. Information collection 
requirements contained in this AD have been approved by the Office 
of Management and Budget (OMB) under the provision of the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been 
assigned OMB Control Number 2120-0056.
    (1) If the inspection was done after the effective date of this 
AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done prior to the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, New York ACO, 
FAA, is authorized to approve alternative methods of compliance for 
this AD.

    Note 3: The subject of this AD is addressed in Canadian 
airworthiness directive Canadian airworthiness directive CF-2003-08, 
dated April 23, 2003.


    Issued in Renton, Washington, on July 2, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-17319 Filed 7-8-03; 8:45 am]
BILLING CODE 4910-13-P