[Federal Register Volume 69, Number 6 (Friday, January 9, 2004)]
[Rules and Regulations]
[Pages 1513-1515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-121]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-112-AD; Amendment 39-13414; AD 2004-01-01]
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 series airplanes 
(Regional Jet Series 100 & 440), that requires a one-time inspection of 
the dust covers for the flight data recorder (FDR) and cockpit voice 
recorder (CVR) equipment for the presence of markings that indicate the 
presence of a chemical-resistant coating, and corrective actions if 
necessary. The actions specified by this AD are intended to prevent 
peeling of the paint and markings from the dust covers for FDR and CVR 
equipment due to hydraulic mist from the actuators, which could result 
in the inability to identify FDR and CVR equipment in the event of an 
accident-recovery mission. The lack of data from FDR and CVR equipment 
could hamper discovery of the unsafe condition that caused an accident 
or an incident and prevent the FAA from developing and mandating 
actions to prevent additional accidents or incidents caused by that 
same unsafe condition. This action is intended to address the 
identified unsafe condition.

DATES: Effective February 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 13, 2004.

ADDRESSES: 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 Federal Aviation Administration 
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, New York Aircraft Certification 
Office (ACO), 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: Luciano L. Castracane, Aerospace 
Engineer, Sytems and Flight Test Branch, ANE-172, FAA, New York ACO, 10 
Fifth Street, Third Floor, Valley Stream, New York 11581; telephone 
(516) 256-7535; 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 January 
30, 2003 (68 FR 4737). That action proposed to require a one-time 
inspection of the dust covers for the flight data recorder (FDR) and 
cockpit voice recorder (CVR) equipment for the presence of markings 
that indicate the presence of a chemical-resistant coating, and 
corrective actions if necessary.

Comments

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

Request To Revise Compliance Time for Corrective Action

    The proposed AD specified an inspection within 18 months after the 
effective date of the AD, and rework or replacement of discrepant dust 
covers before further flight. One commenter expresses concern for the 
potential grounding of airplanes awaiting replacement parts and 
requests that the proposed AD be revised to require replacement of 
noncompliant dust covers within 6 months after discovery, but not later 
than 18 months after the effective date of the AD. The commenter adds 
that it would be impossible to schedule inspections for a relatively 
large fleet of airplanes without having a supply of potentially 
unnecessary spare dust covers on hand. The commenter suggests that 
allowing replacement of the noncompliant covers within a specified 
period of time after discovery would be a more reasonable approach from 
a logistics and cost standpoint.
    The FAA concurs with the request and agrees with the commenter's 
rationale. Paragraphs (a)(2) and (b)(2) have been revised accordingly 
in this final rule.

Request To Revise Description of Unsafe Condition

    One commenter questions the characterization of the unsafe 
condition addressed in the proposed AD. The proposed AD acknowledges 
that the loss of paint or markings on functionally sound FDR and CVR 
equipment does not put the airplane in an unsafe condition. The 
commenter goes on to interpret the unsafe condition as the ``potential 
inability to locate the equipment after a potential accident or 
incident that was potentially caused by an unsafe condition, due to the 
potential loss of paint or markings on the equipment'' (emphasis 
omitted). The commenter suggests that compliance with the proposed AD 
would do nothing to prevent the unsafe condition in an accident or 
incident involving an unscheduled water landing, because an underwater 
locating device (ULD), required to be attached to each FDR and CVR, 
could also be used to identify the FDR/CVR. The commenter adds that 
compliance with the AD would not protect against a fire intense enough 
to damage the paint or markings on the FDR/CVR. The commenter adds that 
the FDR/CVR equipment can be identified by means other than paint and 
markings. The commenter suggests that recovery personnel should be 
informed that a ULD can be used to identify an FDR or CVR.

[[Page 1514]]

    The FAA disagrees. The timely recovery, after an accident, of the 
CVR and FDR is critical to the investigation and determination of 
probable cause. We recognize that there is more than one way (i.e., the 
color of the boxes) to identify these pieces of equipment. It is by the 
use of these multiple methods of identification that the timeliness of 
recovery can be maximized given the conditions at an accident site. A 
delay in the recovery of these pieces of equipment and subsequent data 
analysis could prevent the timely correction of a critical safety issue 
affecting other airplanes of the same type design. It is in the 
interest of safety to ensure that all necessary methods of 
identification remain available to investigators.

Request To Revise Proposed Requirement

    This same commenter finds the proposed one-time inspection 
insufficient to prevent damage to the paint and markings on the 
recording components. The commenter notes that there is no method 
available to prevent an unprotected component from being later 
installed in a formerly compliant airplane. The commenter adds that, 
since the component is not tracked for compliance with an AD, operators 
would have difficulty determining whether the paint and markings have 
been protected (in accordance with the AD) before the component is 
installed in an already compliant airplane. The commenter adds that 
components undamaged at the time of the inspection may be installed in 
an airplane, yet not be protected, and the proposed AD provides no 
means to prevent damage after compliance with the AD. The commenter 
asserts that the potential for the identified unsafe condition has not 
been reduced. The commenter requests that the proposed AD be revised to 
address affected components instead of airplanes and require a part 
number change as a means to track compliance with the AD.
    The FAA does not agree. There would be clear distinction between 
the old and new parts even though the part numbers remain unchanged. 
The new parts would be marked with ``CLR CTD'' on the rear panel of the 
dust cover and as part of the new chemical resistant protection scheme 
would be unaffected by hydraulic fluid mist. Maintenance personnel will 
be able to readily identify whether or not the new parts are installed 
on an airplane. The proposed AD also included a prohibition against 
installing parts that had not been reworked in accordance with the 
service bulletin. Again, this would be readily identifiable by the 
presence of the marking ``CLR CTD'' on the rear panel of the dust 
cover.

Additional Change to Proposed AD

    The identity of the affected airplanes has been changed to 
``Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes'' to match the identification on the type certificate.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Revised 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, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    The FAA estimates that 220 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 $65 per work hour. Based on these figures, the cost impact of 
the AD on U.S. operators is estimated to be $14,300, or $65 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:

2004-01-01 Bombardier, Inc. (Formerly Canadair): Amendment 39-13414. 
Docket 2002-NM-112-AD.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes, serial numbers 7003 through 7573 inclusive, certificated 
in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.

[[Page 1515]]

    To prevent peeling of the paint and markings from the dust 
covers for the flight data recorder (FDR) and cockpit voice recorder 
(CVR) equipment due to hydraulic mist from the actuators, which 
could result in the inability to identify the FDR and CVR equipment 
in the event of an accident-recovery mission, accomplish the 
following:

One-Time Inspection and Corrective Actions

    (a) For airplanes having serial numbers 7003 through 7067 
inclusive, and 7069 through 7570 inclusive: Within 18 months after 
the effective date of this AD, do a general visual inspection of the 
dust cover for the FDR to determine if a chemical agent resistant 
coating has been applied to the dust cover. Do the inspection per 
Part A of the Accomplishment Instructions of Bombardier Service 
Bulletin 601R-31-026, dated October 12, 2001. Dust covers that have 
had a protective coating applied are identified through the markings 
specified in the service bulletin.
    (1) If specified markings are present: No further action is 
required by this paragraph.
    (2) If specified markings are not present: Within 18 months 
after the effective date of this AD, or within 6 months after the 
inspection, whichever occurs first, do the action required by either 
paragraph (a)(2)(i) or (a)(2)(ii) of this AD:
    (i) Rework the FDR dust cover per Part B of the Accomplishment 
Instructions of the service bulletin; or
    (ii) Replace the FDR dust cover with a new dust cover per Part C 
of the Accomplishment Instructions of the service bulletin.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (b) For airplanes having serial numbers 7003 through 7067 
inclusive, and 7069 through 7573 inclusive: Within 18 months after 
the effective date of this AD, do a general visual inspection of the 
CVR dust cover to determine if a chemical agent resistant coating 
has been applied to the dust cover. Dust covers that have had a 
protective coating applied are identified through the markings 
specified in the service bulletin. Do the inspection per Part A of 
the Accomplishment Instructions of Bombardier Service Bulletin 601R-
23-056, dated October 12, 2001.
    (1) If specified markings are present: No further action is 
required by this paragraph.
    (2) If specified markings are not present: Within 18 months 
after the effective date of this AD, or within 6 months after the 
inspection, whichever occurs first, do the action required by either 
paragraph (b)(2)(i) or (b)(2)(ii) of this AD:
    (i) Rework the CVR dust cover per Part B of the Accomplishment 
Instructions of the service bulletin; or
    (ii) Replace the CVR dust cover with a new dust cover per Part C 
of the Accomplishment Instructions of the service bulletin.

Parts Installation

    (c) As of the effective date of this AD, no person shall install 
an FDR dust cover, part number (P/N) 074E0198-00; or a CVR dust 
cover, P/N 075E0604-00 or 9300A218S; unless the rework action 
required by paragraphs (a)(2)(i) and (b)(2)(i) of this AD, as 
applicable, has been done.

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 Aircraft Certification 
Office (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 3: 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 
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

    (f) The actions must be done in accordance with Bombardier 
Service Bulletin 601R-23-056, dated October 12, 2001; and Bombardier 
Service Bulletin 601R-31-026, dated October 12, 2001; as applicable. 
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 at the FAA, New York ACO, 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 4: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-45, dated December 3, 2001.

Effective Date

    (g) This amendment becomes effective on February 13, 2004.

    Issued in Renton, Washington, on December 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-121 Filed 1-8-04; 8:45 am]
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