[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Proposed Rules]
[Pages 50729-50731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21523]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-159-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700 & 701) Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Bombardier Model 
CL-600-2C10 (Regional Jet Series 700 & 701) series airplanes, that 
currently requires a revision to the Airplane Flight Manual (AFM) to 
prohibit operations into known or forecast icing conditions under 
certain conditions. That AD also requires an inspection to detect 
damage of the wing anti-ice (WAI) ducts to determine if the external 
shrouds of the ducts are open or cracked, and replacement of any 
damaged duct with a new duct or a duct with the same part number, and 
an optional terminating action. This action would require 
accomplishment of the previously optional terminating action for the 
AFM revision and inspection. The actions specified by the proposed AD 
are intended to prevent the WAI ducts from collapsing, cracking, or 
rupturing, which could cause leakage of hot air in the under-floor 
pressurized area of the fuselage when the anti-ice system is turned on. 
Such leakage of hot air results in insufficient heat for the anti-ice 
system and consequent aerodynamic degradation. This action is intended 
to address the identified unsafe condition.

DATES: Comments must be received by September 22, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-159-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-159-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 Centreville, 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: 

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-159-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-159-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On June 5, 2003, the FAA issued AD 2003-12-06, amendment 39-13191 
(68 FR 35152, June 12, 2003), applicable to certain Bombardier Model 
CL-600-2C10 (Regional Jet Series 700 & 701) series airplanes, to 
require a revision to the Airplane Flight Manual (AFM) to prohibit 
operations into known or forecast icing conditions under certain 
conditions. That AD also requires an inspection to detect damage of the 
wing anti-ice (WAI) ducts to determine if the external shrouds of the 
ducts are open or cracked, and replacement of any damaged duct with a 
new duct or a duct with the same part number, and an optional 
terminating action. That action was prompted by several reports of 
failure of the WAI ducts. The

[[Page 50730]]

requirements of that AD are intended to prevent the WAI ducts from 
collapsing, cracking, or rupturing, which could cause leakage of hot 
air in the under-floor pressurized area of the fuselage when the anti-
ice system is turned on. Such leakage of hot air results in 
insufficient heat for the anti-ice system and consequent aerodynamic 
degradation.

Actions Since Issuance of Previous Rule

    In the preamble of AD 2003-12-06, the FAA indicated that the 
actions required by that AD were considered ``interim action'' and that 
further rulemaking action was being considered to require replacement 
of all four WAI ducts with new ducts per CRJ 700/900 Series Regional 
Jet (Bombardier) Alert Service Bulletin A670BA-30-007, which would 
terminate the inspection and AFM requirements of that AD. We now have 
determined that further rulemaking action is indeed necessary, and this 
proposed AD follows from that determination.

Explanation of Relevant Service Information

    The manufacturer has issued CRJ 700/900 Series Regional Jet 
(Bombardier) Alert Service Bulletin A670BA-30-007, Revision A, dated 
April 15, 2003 (referenced in AD 2003-12-06 as the appropriate source 
of service information for doing the required actions). The alert 
service bulletin describes procedures for a detailed inspection to 
detect damage of the four WAI ducts and to determine if the external 
shrouds of the ducts are open or cracked, and replacement of any 
damaged duct with a new duct or a duct with the same part number (P/N) 
that is free of any dent or other handling damage. The alert service 
bulletin also describes procedures for eventual replacement of all four 
WAI ducts with new ducts.
    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, classified this service bulletin as mandatory and 
issued Canadian airworthiness directive CF-2003-07 to ensure 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 supersede AD 2003-12-06 to 
continue to require the following actions:
    [sbull] A revision to the Limitations Section of the AFM to 
prohibit operations into known or forecast icing conditions under 
certain conditions;
    [sbull] An inspection to detect damage of the WAI ducts to 
determine if the external shrouds of the ducts are open or cracked; and
    [sbull] Replacement of any damaged duct with a new duct or a duct 
with the same part number.
    The proposed AD also would require accomplishment of the previously 
optional terminating action for the AFM revision and inspection. The 
actions would be required to be accomplished in accordance with the 
service bulletin described previously.

Changes to 14 CFR Part 39/Effect on the 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, only the office authorized to approve AMOCs is identified in each 
individual AD.

Cost Impact

    There are approximately 55 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The AFM revision that is currently required by AD 2003-12-06 takes 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the currently required AFM revision on U.S. operators is 
estimated to be $3,575, or $65 per airplane.
    The inspection that is currently required by AD 2003-12-06 takes 
approximately 4 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the currently required inspection on U.S. operators is 
estimated to be $14,300, or $260 per airplane.
    The terminating action that is proposed in this AD action would 
take approximately 48 work hours per airplane to accomplish, at an 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of the proposed terminating action in this AD on U.S. 
operators is estimated to be $171,600, or $3,120 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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. The manufacturer may 
cover the cost of replacement parts associated with this proposed AD, 
subject to warranty conditions. Manufacturer warranty remedies may also 
be available for labor costs associated with the proposed inspection in 
this proposed AD. As a result, the costs attributable to the proposed 
AD may be less than stated above.

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.

[[Page 50731]]

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 removing amendment 39-13191 (68 FR 
35152, June 12, 2003), and by adding a new airworthiness directive 
(AD), to read as follows:

Bombardier, Inc. (Formerly Canadair): Docket 2003-NM-159-AD. 
Supersedes AD 2003-12-06, Amendment 39-13191.

    Applicability: Model CL-600-2C10 (Regional Jet Series 700 & 701) 
series airplanes, serial numbers 10004 through 10119 inclusive; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the wing anti-ice (WAI) ducts from collapsing, 
cracking, or rupturing, consequent leakage of hot air in the under-
floor pressurized area of the fuselage when the anti-ice system is 
turned on, insufficient heat for the anti-ice system, and 
aerodynamic degradation, accomplish the following:

Referenced Service Information

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of CRJ 700/900 Series Regional Jet 
(Bombardier) Alert Service Bulletin A670BA-30-007, Revision A, dated 
April 15, 2003, including Appendices A and B, dated March 18, 2003.

Restatement of Requirements of AD 2003-12-06, Amendment 39-13191

Airplane Flight Manual (AFM) Revision

    (b) Within 48 hours after June 27, 2003 (the effective date of 
AD 2003-12-06, amendment 39-13191), revise the Limitations Section 
of the CRJ 700 AFM to include the following (this may be 
accomplished by inserting a copy of this AD into the AFM):
    ``1. Anti-Ice Bleed Leak Detection Controller (AILC) Channels 
(see Note 1):
    Flight with ``WING A/I FAULT'' status message on the engine 
indication and crew alerting system (EICAS) is not authorized, 
except as follows:
    One may be inoperative as indicated by ``WING A/I FAULT'' status 
message on EICAS provided:
    (a) Wing Anti-Ice switch is selected OFF, and
    (b) Operations are not conducted into known or forecast icing 
conditions.
    2. Wing/Fuselage Anti-Ice Bleed Leak Detection Loops (see  Note 
1):
    Flight with Wing/Fuselage Anti-Ice Bleed Leak Detection Loops 
inoperative is not authorized, except as follows:
    One loop (A or B) may be inoperative provided:
    (a) Wing Anti-Ice switch is selected OFF, and
    (b) Operations are not conducted into known or forecast icing 
conditions.

    Note 1: This limitation supersedes the Master Minimum Equipment 
List (MMEL).''

Detailed Inspection and Corrective Actions if Necessary

    (c) Within 150 flight hours after June 27, 2003, do a detailed 
inspection to detect damage of the four WAI ducts and to determine 
if the external shrouds of the WAI ducts are open or cracked, per 
the alert service bulletin.
    (1) If no discrepancy is found, no further action is required by 
this paragraph.
    (2) If any external shroud of a WAI duct is found open or 
cracked, before further flight, inspect the surrounding equipment 
and structure per a method approved by the Manager, New York 
Aircraft Certification Office (ACO), FAA, or Transport Canada Civil 
Aviation (TCCA) (or its delegated agent).
    (3) If any damaged WAI duct is found, before further flight, 
replace the WAI duct with a new duct or a duct with the same part 
number (P/N) that is free of any dent, crease, or other handling 
damage, per the alert service bulletin.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Reporting Requirement

    (d) Submit a report of the results of the inspection required by 
paragraph (c) of this AD per the alert service bulletin specified in 
paragraph (c) of this AD. 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.
    (1) If the inspection was done after June 27, 2003: Submit the 
report within 14 days after the inspection.
    (2) If the inspection was accomplished prior to June 27, 2003: 
Submit the report within 14 days after June 27, 2003.

New Requirements of This AD

Terminating Action

    (e) Within 1,500 flight hours after the effective date of this 
AD, replace all four WAI ducts with new ducts having P/N GG670-
80504-5 or -6, or P/N GG670-80312-3 or -4, as applicable, per the 
service bulletin. Replacement of all four WAI ducts terminates the 
requirements of this AD. After doing the replacement, the AFM 
revision required by paragraph (b) of this AD may be removed.

Alternative Methods of Compliance

    (f) 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 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2003-07, effective on March 25, 2003.


    Issued in Renton, Washington, on August 18, 2003.
Kyle L. Olsen,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-21523 Filed 8-21-03; 8:45 am]
BILLING CODE 4910-13-U