[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Proposed Rules]
[Pages 70566-70568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26798]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19761; Directorate Identifier 2003-NM-167-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 and 
440) airplanes. This proposed AD would require modification of the 
Auxiliary Power Unit (APU) cooling air exhaust. This proposed AD is 
prompted by reports of incomplete drainage of the APU enclosure. We are 
proposing this AD to prevent a negative pressure condition from 
developing in the APU enclosure when the APU is operating on the 
ground, which could create a potential fire hazard if flammable liquid 
leakage occurs inside the APU enclosure and cannot be drained 
overboard.

DATES: We must receive comments on this proposed AD by January 6, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, Montreal, Quebec H3C 3G9, Canada.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, on 
the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Technical information: James E. 
Delisio, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, 
FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, suite 
410, Westbury, New York 11590; telephone (516) 228-7321; fax (516) 794-
5531.
    Plain Language information: Marcia Walters, [email protected].

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new

[[Page 70567]]

AD actions are posted on DMS and assigned a docket number. We track 
each action and assign a corresponding directorate identifier. The DMS 
AD docket number is in the form ``Docket No. FAA-2004-99999.'' The 
Transport Airplane Directorate identifier is in the form ``Directorate 
Identifier 2004-NM-999-AD.'' Each DMS AD docket also lists the 
directorate identifier (``Old Docket Number'') as a cross-reference for 
searching purposes.

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19761; 
Directorate Identifier 2003-NM-167-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket website, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified us that an unsafe condition may exist on 
certain Bombardier Model CL-600-2B19 (Regional Jet series 100 & 440) 
airplanes. TCCA advises that incomplete drainage of the APU enclosure 
has been reported in service. Further investigation revealed that 
negative pressure, which may contribute to the drainage problem, could 
be created in the APU enclosure when the APU is operating on the 
ground. This condition, if not corrected, could create a potential fire 
hazard if flammable liquid leakage occurs inside the APU enclosure and 
cannot be completely drained overboard.

Relevant Service Information

    Bombardier has issued Service Bulletin S.B. 601R-49-015, including 
Appendix A, dated November 6, 1998, which describes procedures for 
modification of the APU cooling air exhaust. This modification corrects 
the negative pressure problem and increases the volume of air entering 
the APU enclosure. Accomplishing the actions specified in the service 
information is intended to adequately address the unsafe condition. 
TCCA mandated the service information and issued Canadian airworthiness 
directive CF-2002-21, dated March 21, 2002, to ensure the continued 
airworthiness of these airplanes in Canada.
    Bombardier Service Bulletin S.B. 601R-49-015 refers to Avica 
Service Bulletin 10S145-49-01, dated July 15, 1998, and Canadair Kit 
Drawing K601R97150, Rev NC, as additional sources of service 
information for doing the modification. The Avica service bulletin and 
the Canadair Kit Drawing are included as Appendix A of the Bombardier 
service bulletin.

FAA's Determination and Requirements of the Proposed AD

    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
Sec.  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. We have examined TCCA's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
modification of the APU cooling air exhaust. The proposed AD would 
require you to use the Bombardier service information described 
previously to perform these actions.

Differences Between the Bombardier Service Bulletin and This Proposed 
AD

    Although the Accomplishment Instructions of the Bombardier service 
bulletin indicate to submit a comment sheet and a compliance sheet, 
this proposed AD does not require that action.

Costs of Compliance

    This proposed AD would affect about 120 airplanes of U.S. registry. 
The proposed actions would take about 10 work hours per airplane, at an 
average labor rate of $65 per work hour. There would be no charge for 
parts that may be required to perform the actions required by this AD. 
Based on these figures, the estimated cost of the proposed AD for U.S. 
operators is $78,000, or $650 per airplane.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106, 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, the FAA is charged with promoting 
safety flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
proposed AD.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.

[[Page 70568]]

    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2004-19761; 
Directorate Identifier 2003-NM-167-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by January 
6, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 and 440) airplanes, certificated in any category, as 
identified in Bombardier Service Bulletin S.B. 601R-49-015, 
including Appendix A, dated November 6, 1998.

Unsafe Condition

    (d) This AD is prompted by reports of incomplete drainage of the 
Auxiliary Power Unit (APU) enclosure. We are issuing this AD to 
prevent a negative pressure condition from developing in the APU 
enclosure when the APU is operating on the ground, which could 
create a potential fire hazard if flammable fluid leakage occurs 
inside the APU enclosure and cannot be drained overboard.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Modify APU Cooling Air Exhaust

    (f) Within 2,000 flight hours after the effective date of the 
AD, or within 16 months after the effective date of this AD, 
whichever occurs first: Modify the APU cooling air exhaust by doing 
all of the actions in the Accomplishment Instructions of Bombardier 
Service Bulletin S.B. 601R-49-015, dated November 6, 1998, except 
that submitting a comment sheet and a compliance sheet are not 
required by this AD.

    Note 1: Bombardier Service Bulletin S.B. 601R-49-015, dated 
November 6, 1998, refers to Avica Service Bulletin 10S145-49-01, 
dated July 15, 1998, and Canadair Kit Drawing K601R97150, Rev NC, as 
additional sources of service information for doing the 
modification. The Avica service bulletin and the Canadair Kit 
Drawing are included as Appendix A of the Bombardier service 
bulletin.

Parts Installation

    (g) As of the effective date of this AD, no person may install 
an APU enclosure having Canadair part number (P/N) 601R97150-13, or 
Avica P/N 15A104-101, on any airplane, unless the unit has been 
modified in accordance with paragraph (f) of this AD.

Alternative Methods of Compliance

    (h) The Manager, New York Aircraft Certification Office, has the 
authority to approve alternative methods of compliance for this AD 
if requested using the procedures found in 14 CFR 39.19.

Related Information

    (i) Transport Canada Civil Aviation Canadian airworthiness 
directive CF-2002-21, dated March 21, 2002, also addresses the 
subject of this AD.

    Issued in Renton, Washington, on November 26, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-26798 Filed 12-6-04; 8:45 am]
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