[Federal Register Volume 69, Number 66 (Tuesday, April 6, 2004)]
[Proposed Rules]
[Pages 17987-17989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7712]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-233-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 supersedure of an existing 
airworthiness directive (AD), applicable to certain Bombardier Model 
CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, that currently 
requires installation of protective tape on the fire and overheat 
control unit located in the flight compartment. This action would 
continue to require the installation of protective tape and would add 
repetitive inspections of the condition of the protective tape and 
related corrective action. This action also would mandate eventual 
replacement of the existing fire and overheat control unit with a 
modified unit, which would end the repetitive inspections. 
Additionally, this action would add airplanes to the applicability in 
the existing AD. The actions specified by the proposed 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: Comments must be received by May 6, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-233-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-233-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: James Delisio, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New 
York; telephone (516) 228-7300; fax (516) 794-5531.

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:
     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.
     For each issue, state what specific change to 
the proposed AD is being requested.
     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-233-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-233-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On July 9, 2003, the FAA issued AD 2003-14-17, amendment 39-13236 
(68 FR 42580, July 18, 2003), applicable to certain Bombardier Model 
CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, to require the 
installation of protective tape on the fire and overheat control unit 
located in the flight compartment. That action was prompted by reports 
of two cases of multiple false fire alarms in flight. The requirements 
of that 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.

Actions Since Issuance of Previous Rule

    Since the preparation of AD 2003-14-17, Transport Canada Civil 
Aviation (TCCA), which is the airworthiness authority for Canada, has 
issued Canadian airworthiness directive CF-2000-35R1, dated July 2, 
2003. The revised Canadian airworthiness directive mandates replacement 
of the fire and overheat control unit in the flight compartment with a 
modified unit, which is a permanent solution to prevent the fluid 
contamination that can occur inside the existing unit.

Explanation of New Service Information

    Bombardier has issued Alert Service Bulletin A601R-26-017, Revision 
``D,'' dated November 6, 2003 (Revision ``A'' of the service bulletin 
was referenced in the existing AD for accomplishment of the 
installation of the protective tape). Revision ``D'' of the service 
bulletin adds airplanes to the effectivity in the service bulletin. 
Revision ``D'' also adds an inspection of the protective tape for 
damage. The inspection includes cleaning the tape and the top area of 
the overheat control unit, making sure that liquid is prevented from 
entering the unit at the fastener and hinge positions where tape is 
installed, and replacing damaged tape with new tape.
    Bombardier also has issued Service Bulletin 601R-26-018, Revision 
``A,'' dated February 27, 2003, which describes procedures for 
replacement of

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fire and overheat control units having part number (P/N) 472597-01, 
with modified units having P/N 472597-02. Such replacement eliminates 
the need for the repetitive inspections. The service bulletin also 
describes procedures for an operational test after the modified unit is 
installed. The service bulletin references Kidde Aerospace Service 
Bulletin 472597-01-26-431, dated August 28, 2001, as an additional 
source of service information for accomplishment of the modification.
    Although the Bombardier service bulletins describe procedures for 
completing a reporting sheet, this proposed AD would not require those 
actions.
    TCCA classified the Bombardier service bulletins as mandatory and 
issued Canadian airworthiness directive CF-2000-35R1, dated July 2, 
2003, 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 us informed of the 
situation described above. We have 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 2003-14-17 to 
continue to require installation of protective tape on the fire and 
overheat control unit located in the flight compartment. In addition, 
the proposed AD would add repetitive inspections of the protective tape 
for damage, and related corrective action. The proposed AD also would 
mandate eventual replacement of the existing fire and overheat control 
unit with a modified unit. Additionally, the proposed AD would add 
airplanes on which the specified change was not incorporated during 
production to the applicability in the existing AD. The actions would 
be required to be accomplished in accordance with the Bombardier 
service bulletins described previously, except as discussed below.

Clarification of Compliance Time

    The Canadian airworthiness directive requires doing the inspection 
of the condition of the protective tape ``within 5,000 hours air time 
or at the next C-check after compliance with Part 1 of the directive, 
whichever occurs later.'' The Canadian airworthiness directive requires 
repeating that inspection ``every 5,000 hours air time or at the next 
C-check, whichever occurs later.'' Because ``C-check'' schedules vary 
among operators, this proposed AD would require accomplishment of the 
initial inspection within 5,000 flight hours or 24 months after the 
effective date of the AD, whichever is later. The inspection is to be 
repeated at intervals not to exceed 5,000 flight hours or 24 months, 
whichever is later. We find that a grace period of 24 months is within 
an interval of time that parallels normal scheduled maintenance for 
most affected operators and is appropriate for affected airplanes to 
continue to operate without compromising safety. This difference has 
been coordinated with TCCA.

Clarification of Inspection

    Service Bulletin A601R-26-017, Revision D, specifies an 
``inspection'' of the protective tape, but we have clarified the 
inspection requirement contained in the proposed AD as a general visual 
inspection. Additionally, a note has been added to define that 
inspection.

Work Hour Rate Increase

    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

    There are about 240 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The installation of protective tape that is currently required by 
AD 2003-14-17 takes about 1 work hour per airplane to do, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the currently required actions is estimated to be $65 per 
airplane.
    The new inspection that is proposed in this AD action would take 
about 1 work hour per airplane to do, at an average labor rate of $65 
per work hour. Based on these figures, the cost impact of the 
inspection proposed by this AD on U.S. operators is estimated to be 
$15,600, or $65 per airplane, per inspection cycle.
    The replacement that is proposed in this AD action would take about 
2 work hours per airplane to do, at an average labor rate of $65 per 
work hour. Parts cost would be minimal. Based on these figures, the 
cost impact of the replacement proposed by this AD on U.S. operators is 
estimated to be $31,200, or $130 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.

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

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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 39-13236 (68 FR 
42580, July 18, 2003), and by adding a new airworthiness directive 
(AD), to read as follows:

Bombardier, Inc. (Formerly Canadair): Docket 2003-NM-233-AD. 
Supersedes AD 2003-14-17, Amendment 39-13236.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes; certificated in any category; as listed in Bombardier 
Alert Service Bulletin A601R-26-017, Revision `D,' dated November 6, 
2003; and Bombardier Service Bulletin 601R-26-018, Revision `A,' 
dated February 27, 2003.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fluid contamination inside the fire and overheat 
control unit in the flight compartment, which could result in a 
false fire alarm and consequent emergency landing, accomplish the 
following:

Restatement of Requirements of AD 2003-14-17

Installation of Protective Tape

    (a) For airplanes listed in Bombardier Alert Service Bulletin 
A601R-26-017, Revision `A,' dated September 8, 2000: Within 250 
flight hours or 30 days after August 22, 2003 (the effective date of 
AD 2003-14-17, amendment 39-13236), whichever occurs first, install 
protective tape on the external cover of the fire and overheat 
control unit located in the flight compartment per the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A601R-26-017, Revision `A,' dated September 8, 2000; or Revision 
`D,' dated November 6, 2003.
    (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; or Revision `B,' dated February 
6, 2003; is acceptable for compliance with the requirements of 
paragraphs (a) and (c) of this AD.

New Requirements of This AD

Installation of Protective Tape

    (c) For airplanes listed in Bombardier Alert Service Bulletin 
A601R-26-017, Revision `D,' dated November 6, 2003; and Bombardier 
Service Bulletin 601R-26-018, Revision `A,' dated February 27, 2003; 
on which the requirements specified in paragraph (a) of this AD have 
not been done as of the effective date of this AD: 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 
the Accomplishment Instructions of Bombardier Alert Service Bulletin 
A601R-26-017, Revision `D,' dated November 6, 2003. Accomplishment 
of this paragraph terminates the requirements of paragraph (a) of 
this AD.

Repetitive Inspections/Corrective Action

    (d) Within 5,000 flight hours or 24 months after the effective 
date of this AD: Do a general visual inspection to determine the 
condition of the protective tape on the external cover of the fire 
and overheat control unit, per the Accomplishment Instructions of 
Bombardier Alert Service Bulletin A601R-26-017, Revision `D,' dated 
November 6, 2003.
    (1) If the protective tape is not damaged and provides an 
adequate seal to prevent entry of liquid at the fastener and hinge 
positions of the unit: Repeat the inspection thereafter at intervals 
not to exceed 5,000 flight hours or 24 months, whichever is later.
    (2) If the protective tape is damaged or does not provide an 
adequate seal to prevent entry of liquid at the fastener and hinge 
positions of the unit: Before further flight, replace the protective 
tape with new tape per the service bulletin. Repeat the inspection 
thereafter at intervals not to exceed 5,000 flight hours or 24 
months, whichever is later.

    Note 1: 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.''

Replacement

    (e) Within 20,000 flight hours or 84 months after the effective 
date of this AD, whichever is first: Replace the fire and overheat 
control unit with a modified unit, per the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-26-018, Revision 
`A,' dated February 27, 2003. Accomplishment of the replacement 
terminates the repetitive inspections required by paragraph (d) of 
this AD.

No Reporting Required

    (f) Where Bombardier Alert Service Bulletin A601R-26-017, 
Revision `D,' dated November 6, 2003; and Bombardier Service 
Bulletin 601R-26-018, Revision `A,' dated February 27, 2003; 
describe procedures for completing a reporting sheet, this AD does 
not require that action.

Part Installation

    (g) As of the effective date of this AD, no person may install a 
fire and overheat control unit, part number 472597-01, on any 
airplane, unless the unit has been modified per paragraph (e) of 
this AD.

Alternative Methods of Compliance

    (h) 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.

    Note 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2000-35R1, dated July 2, 2003.


    Issued in Renton, Washington, on March 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-7712 Filed 4-5-04; 8:45 am]
BILLING CODE 4910-13-P