[Federal Register Volume 68, Number 183 (Monday, September 22, 2003)]
[Rules and Regulations]
[Pages 54985-54987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23933]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-179-AD; Amendment 39-13305; AD 2003-09-04 R1]
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 revises an existing airworthiness directive 
(AD), applicable to certain Bombardier Model CL-600-2B19 (Regional Jet 
series 100 & 440) airplanes, that currently 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 amendment terminates the reporting 
requirement and includes a provision to allow removal of the referenced 
service information when the information specified in it is included in 
the general revisions of the maintenance manual. The actions specified 
in this AD are intended 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 October 7, 2003.
    The incorporation by reference of a certain publication, as listed 
in the regulations, was approved previously by the Director of the 
Federal Register as of May 14, 2003 (68 FR 22587, April 29, 2003).
    Comments for inclusion in the Rules Docket must be received on or 
before October 22, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-179-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-179-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 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: On April 21, 2003, the FAA issued AD 2003-
09-04, amendment 39-13133 (68 FR 22587, April 29, 2003), applicable to 
certain Bombardier Model CL-600-2B19 (Regional Jet series 100 & 440) 
airplanes, to require revising the airworthiness limitations (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. That action was prompted by a report of fatigue 
cracks on the pressure floor skin of the center fuselage at fuselage 
stations 460 and 513. The actions required by that AD are intended 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.

Comments

    Interested persons were afforded an opportunity to submit comments 
in response to AD 2003-09-04. Due consideration has been given to the 
comments received.

Request To Specify the Provisions of Referenced Temporary Revision (TR)

    One commenter requests that AD 2003-09-04 be revised to specify the 
provisions of Canadair TR 2B-1230, Canadair Regional Jet Maintenance 
Requirements Manual, Part 2, Appendix B, ``Airworthiness Limitations,'' 
approved on July 26, 2002, by Transport Canada Civil Aviation (TCCA) as 
a method of compliance, rather than specifying insertion of the TR into 
the AWL section as the only means of compliance. The commenter states 
that there is no provision to maintain compliance when revising the 
maintenance manual with a formal revision that incorporates the TR 
text.
    We agree. We have added a new paragraph (b) (subsequent paragraphs 
have been redesignated) stating, ``When the information in Canadair TR 
2B-1230, Canadair Regional Jet

[[Page 54986]]

Maintenance Requirements Manual, Part 2, Appendix B, `Airworthiness 
Limitations,' approved on July 26, 2002, by TCCA, is included in the 
general revisions of the maintenance manual, this TR may be removed.''

Request To Eventually Terminate Reporting Requirement

    The same commenter requests that the reporting requirement 
specified in paragraph (c) of AD 2003-09-04 be terminated after a 
reasonable period of time. The commenter states that, although data 
gathering is important, particularly when evaluating the need for 
continued compliance with the type of required inspection, continued 
compliance with the type of required inspection is a burden to 
operators.
    We agree. The purpose of the reporting requirement is for the 
airplane manufacturer and TCCA to further analyze the need for follow-
on action. After consulting with the airplane manufacturer and TCCA, we 
have determined that reporting inspection findings after four years 
would be burdensome to the operators and is unnecessary for gathering 
any salient information. Therefore, we have revised paragraph (d) of 
this AD by adding the following statement: ``This requirement ends 4 
years after the effective date of this AD.''

FAA's Findings

    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 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, this AD revises AD 2003-09-04 to continue to 
require 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. This AD revises the existing AD by 
terminating the reporting requirement four years after the effective 
date of this AD. This AD also revises the existing AD by including a 
provision to allow removal of the referenced TR when the information 
specified in it is included in the general revisions of the maintenance 
manual.

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). However, for clarity and consistency in this AD, we 
have retained the language of AD 2003-09-04 regarding that material.

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-179-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

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:

[[Page 54987]]

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 removing amendment 39-13133 (68 FR 
22587, April 29, 2003), and by adding a new airworthiness directive 
(AD), amendment 39-13305, to read as follows:

2003-09-04 R1 Bombardier, Inc. (Formerly Canadair): Amendment 39-
13305. Docket 2003-NM-179-AD. Revises AD 2003-09-04, Amendment 39-
13133.

    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 (e) 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 May 14, 2003 (the effective date AD 
2003-09-04, amendment 39-13133), revise the AWL section of the 
Instructions for Continued Airworthiness by inserting a copy of 
Canadair Temporary Revision (TR) 2B-1230, Canadair Regional Jet 
Maintenance Requirements Manual, Part 2, Appendix B, ``Airworthiness 
Limitations,'' approved on July 26, 2002, by Transport Canada Civil 
Aviation (TCCA), into the AWL section. Thereafter, except as 
provided in paragraph (e) of this AD, no alternative structural 
inspection intervals may be approved for the pressure floor skin of 
the center fuselage at fuselage stations 460 and 513.
    (b) When the information in Canadair TR 2B-1230, Canadair 
Regional Jet Maintenance Requirements Manual, Part 2, Appendix B, 
``Airworthiness Limitations,'' approved on July 26, 2002, by TCCA, 
is included in the general revisions of the maintenance manual, this 
TR may be removed.

Repair and Revise AWL Section

    (c) If any crack is found during any inspection required by 
paragraph (a) of this AD, before further flight, do the actions 
specified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Repair per a method approved by either the Manager, New York 
Aircraft Certification Office (ACO), FAA; or 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 (c)(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 (e) of this AD, no alternative 
structural inspection intervals specified in the FAA-or TCCA-
approved repair may be approved for the pressure floor skin of the 
center fuselage at fuselage stations 460 and 513.

Reporting

    (d) 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. This 
requirement ends 4 years after the effective date of this AD.

Alternative Methods of Compliance

    (e) 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

    (f) 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

    (g) 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.) The incorporation by reference of that document was 
approved previously by the Director of the Federal Register as of 
May 14, 2003 (68 FR 22587, April 29, 2003). 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

    (h) This amendment becomes effective on October 7, 2003.

    Issued in Renton, Washington on September 10, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-23933 Filed 9-18-03; 12:01 pm]
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