[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Rules and Regulations]
[Pages 17604-17606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6686]


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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; 
Amendment 39-14039; AD 2005-07-15]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 and 440) 
airplanes. This AD requires modification of the Auxiliary Power Unit 
(APU) cooling air exhaust. This AD is prompted by reports of incomplete 
drainage of the 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 liquid leakage occurs inside the APU enclosure and 
cannot be drained overboard.

DATES: This AD becomes effective May 12, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of May 
12, 2005.

ADDRESSES: For service information identified in this AD, contact 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, Montreal, Quebec H3C 3G9, Canada.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. 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 U.S. 
Department of Transportation, 400 Seventh Street SW., Room PL-401, 
Washington, DC. This docket number is FAA-2004-19761; the directorate 
identifier for this docket is 2003-NM-167-AD.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Bombardier Model CL-600-2B19 (Regional Jet 
Series 100 and 440) airplanes. That action, published in the Federal 
Register on December 7, 2004 (69 FR 70566), proposed to require 
modification of the Auxiliary Power Unit cooling air exhaust.

Comments

    We provided the public the opportunity to participate in the

[[Page 17605]]

development of this AD. We have considered the single comment that has 
been submitted on the proposed AD.

Request To Clarify Applicability

    The commenter asks that the airplane serial numbers be listed in 
the applicability paragraph of the final rule, rather than referencing 
the service bulletin. The commenter states that this request is 
consistent with similar airworthiness directives and presents a quicker 
reference for establishing applicability.
    We agree to provide further clarification in the applicability 
section of this final rule. Although the applicability section in the 
proposed AD already identifies the referenced service bulletin, which 
specifies the airplane serial numbers in the effectivity section, we 
have listed the serial numbers in the applicability section in 
paragraph (c) of this final rule.

Editorial Change/Clarification Regarding Appendix A of Bombardier 
Service Bulletin 601R-49-015

    We changed all service bulletin references in this final rule from 
``Bombardier Service Bulletin S.B. 601R-49-015'' to ``Bombardier 
Service Bulletin 601R-49-015.'' The letters ``S.B.'' are not part of 
the service bulletin number.
    Note 1 of this final rule specifies that Avica Service Bulletin 
10S145-49-01 and Canadair Kit Drawing K601R97150 are included as 
Appendix A of Bombardier Service Bulletin 601R-49-015. In paragraph (j) 
of this final rule, we have ``excluded'' Appendix A from the citation 
for Bombardier Service Bulletin 601R-49-015 for the purpose of 
incorporation by reference of the service bulletin. However, as stated 
in Note 1, our intent is that the references in Appendix A still be 
used as additional sources of service information for doing the 
modification specified in paragraph (f) of this final rule.
    These changes were made to comply with the Office of the Federal 
Register's guidelines for material incorporated by reference.

Conclusion

    We have carefully reviewed the available data, including the 
comment that has been submitted, and determined that air safety and the 
public interest require adopting the AD with the changes described 
previously. These changes will neither increase the economic burden on 
any operator nor increase the scope of the AD.

Costs of Compliance

    This AD will affect about 120 airplanes of U.S. registry. The 
actions will take about 10 work hours per airplane, at an average labor 
rate of $65 per work hour. There is 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 AD for U.S. operators is $78,000, or 
$650 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe 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 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-07-15 Bombardier, Inc. (Formerly Canadair): Amendment 39-14039. 
Docket No. FAA-2004-19761; Directorate Identifier 2003-NM-167-AD.

Effective Date

    (a) This AD becomes effective May 12, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 and 440) airplanes; certified in any category; serial 
numbers 7003 through 7067 inclusive and 7069 through 7254 inclusive.

Unsafe Condition

    (d) This AD is prompted by reports of incomplete drainage of the 
Auxiliary Power Unit (APU) enclosure. We are issuing this D 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 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 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 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.


[[Page 17606]]



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 he unit has been 
modified in accordance with paragraph (f) of this AD.

Alternative Methods of Compliance

    (h) The Manager, New York Aircraft Certification Office, FAA, 
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) Canadian airworthiness directive CF-2002-21, dated March 21, 
2002, also addresses the subject of this AD.

Materials Incorporated by Reference

    (j) You must use Bombardier Service Bulletin 601R-49-015, 
excluding Appendix A, dated November 6, 1998, to perform the actions 
that are required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approves the incorporation by 
reference of this document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. For copies of the service information, contact 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, Montreal, Quebec H3C 3G9, Canada. You may view the Ad 
docket at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC. To review copies of the service 
information go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at the 
NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 24, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6686 Filed 4-6-05; 8:45 am]
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