[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Rules and Regulations]
[Pages 42580-42581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17816]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-50-AD; Amendment 39-13236; AD 2003-14-17]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) 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) airplanes, that requires the installation of protective tape 
on the fire and overheat control unit located in the flight 
compartment. The actions specified by this AD are intended to prevent 
fluid contamination inside the fire and overheat control unit, which 
could result in a false fire alarm and consequent emergency landing. 
This action is intended to address the identified unsafe condition.

DATES: Effective August 22, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 22, 2003.

ADDRESSES: The service information referenced in this AD may be 
obtained from Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 
6087, Station Centreville, 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: James Delisio, 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: 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 in the Federal Register on August 
23, 2001 (66 FR 44326). That action proposed to require the 
installation of protective tape on the fire and overheat control unit 
located in the flight compartment.

Comments

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

Request To Credit Work Done per Prior Service Bulletin Version

    Bombardier Alert Service Bulletin A601R-26-017, Revision ``A,'' 
dated September 8, 2000, was cited in the proposed AD as the 
appropriate source of service information for the proposed actions. One 
commenter, an operator, requests that the proposed AD be revised to 
consider accomplishment of the actions specified in the original issue 
of the service bulletin (dated August 4, 2000) to also be acceptable 
for compliance with the requirements of the AD. The commenter reports 
that all of its 97 airplanes have been modified in accordance with the 
original issue of the service bulletin.
    The FAA agrees. Both the original issue and Revision ``A'' of the 
service bulletin specify installing protective tape on the external 
cover of the fire and overheat control unit located in the flight 
compartment; the original issue of the service bulletin included an 
action for specifically installing protective tape over the connectors. 
The connectors were later determined to be adequately sealed to prevent 
liquid ingress to the control unit; Revision ``A'' was then issued to 
remove the action of taping the connectors. However, taping the 
connectors does not degrade the level of safety, so airplanes modified 
with the additional protective tape would also be in full compliance 
with the requirements of this AD. The final rule has been revised to 
add new paragraph (b), which provides credit for actions done in 
accordance with the original issue of the service bulletin.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change described 
previously. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the 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. However, for clarity and consistency in this final rule, we 
have retained the language of the proposed AD regarding that material.

Change to Airplane Identification

    The identity of the affected airplanes has been changed in this 
final rule to more accurately reflect the listing on the type 
certificate data sheet for affected airplanes.

[[Page 42581]]

Cost Impact

    The FAA estimates that 160 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Based on these figures, the cost impact of 
this AD on U.S. operators is estimated to be $9,600, or $60 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

0
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:

2003-14-17 Bombardier, Inc. (Formerly Canadair): Amendment 39-13236. 
Docket 2001-NM-50-AD.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes, as listed in Bombardier Alert Service Bulletin A601R-26-
017, Revision `A,' dated September 8, 2000; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fluid contamination inside the fire and overheat 
control unit, which could result in a false fire alarm and 
consequent emergency landing, accomplish the following:

Installation of Protective Tape

    (a) Within 250 flight hours or 30 days after the effective date 
of this AD, whichever occurs first, install protective tape on the 
external cover of the fire and overheat control unit located in the 
flight compartment per Bombardier Alert Service Bulletin A601R-26-
017, Revision `A,' dated September 8, 2000.
    (b) Installation of protective tape on the external cover of the 
fire and overheat control in the flight compartment, done before the 
effective date of this AD per Bombardier Alert Service Bulletin 
A601R-26-017, dated August 4, 2000, is acceptable for compliance 
with the requirements of this AD.

Alternative Methods of Compliance

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

Incorporation by Reference

    (d) Unless otherwise provided in this AD: The actions must be 
done in accordance with Bombardier Alert Service Bulletin A601R-26-
017, Revision `A,' dated September 8, 2000. 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: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2000-35, dated December 14, 2000.

Effective Date

    (e) This amendment becomes effective on August 22, 2003.

    Issued in Renton, Washington, on July 9, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-17816 Filed 7-17-03; 8:45 am]
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