[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Proposed Rules]
[Pages 36862-36865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12637]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-163-AD]
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: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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[[Page 36863]]

SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Bombardier Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, that would have required 
performing repetitive inspections of the electrical harnesses of the 
spoiler and the brake pressure sensor unit on both sides of the wing 
root to detect any chafing or wire damage, and repairing or replacing 
any damaged or chafed harness or wire with a new harness, as 
applicable. This new action revises the proposed rule by expanding the 
applicability to include additional airplanes, deleting the repetitive 
inspections, and by adding a terminating modification for the one-time 
inspection. The actions specified by this new proposed AD are intended 
to detect and correct chafing of the electrical cables of the spoiler 
and brake pressure sensor unit on both sides of the wing root, which 
could result in loss of flight control system and consequent reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by July 22, 2005.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-163-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-163-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 FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New 
York.

FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer, Systems 
and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification 
Office, 1600 Stewart Avenue, suite 410, Westbury, New York 11590; 
telephone (516) 228-7311; 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-163-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-163-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes, was published as a notice of proposed rulemaking (NPRM) 
(hereafter the ``original NPRM'') in the Federal Register on March 11, 
2004 (69 FR 11554). The original NPRM would have required performing 
repetitive inspections of the electrical harnesses of the spoiler and 
the brake pressure sensor unit on both sides of the wing root to detect 
any chafing or wire damage, and repairing or replacing any damaged or 
chafed harness or wire with a new harness, as applicable. The original 
NPRM was prompted by reports of chafing of the electrical cables of the 
spoiler and brake pressure sensor unit (BPSU) on both sides of the wing 
root. That condition, if not corrected, could result in chafing of the 
electrical cables of the spoiler and brake pressure sensor unit on both 
sides of the wing root, which could result in loss of flight control 
system and consequent reduced controllability of the airplane.

Actions Since Issuance of the Original NRPM

    Since the issuance of the original NPRM, Transport Canada Civil 
Aviation (TCCA), which is the airworthiness authority for Canada, has 
issued Canadian airworthiness directive CF-2003-14R1, dated January 26, 
2005, which supersedes Canadian airworthiness directive CF-2003-14, 
dated May 15, 2003 (referenced in the original NPRM). Revision 1 of 
that airworthiness directive mandates the actions specified in 
Bombardier Alert Service Bulletin A601R-27-133, Revision `A,' dated 
September 16, 2004, described below. Revision 1 also expands the 
applicability of Canadian airworthiness directive CF-2003-14 to include 
additional airplane serial numbers that are subject to the identified 
unsafe condition.
    Bombardier has issued Alert Service Bulletin A601R-27-133, Revision 
``A,'' dated September 16, 2004. The service bulletin describes, among 
other actions, procedures for performing a one-time or repetitive 
general visual inspections, as applicable, for chafing or wire damage 
of the electrical harnesses of the spoiler and the BPSU on both sides 
of the wing root, and repairing or replacing any damaged or chafed 
harness or wire with a new harness, as applicable. These actions are 
identical to those specified in Bombardier Alert Service Bulletin 
A601R-27-101, initial issue, dated April 17, 2000; and Revision ``A,'' 
dated October 26, 2001 (referenced in the original NPRM as the 
appropriate source of service information).
    The service bulletin also describes procedures for modifying the 
routing

[[Page 36864]]

and support of the electrical harnesses of the spoiler and the brake 
pressure sensor unit (BPSU) on both sides of the wing root. The 
modification involves replacing spacer standoffs with new standoffs; 
replacing cable clamps with new clamps; rerouting the electrical 
harnesses; installing a nylon feedthru assembly and a layer of Teflon 
conduit; as applicable.
    Accomplishing the actions specified in Bombardier Alert Service 
Bulletin A601R-27-133, Revision ``A,'' dated September 16, 2004, is 
intended to adequately address the unsafe condition. TCCA classified 
the alert service bulletin as mandatory to ensure the continued 
airworthiness of these airplanes in Canada.

FAA's Determination

    We have examined the findings of the TCCA, reviewed all available 
information, and determined that it is necessary to revise the original 
NPRM. Therefore, we are proposing this AD, which would expand the 
applicability of the original NPRM to include additional airplanes, add 
a terminating modification, eliminate the repetitive inspections, and 
refer to Bombardier Alert Service Bulletin A601R-27-133, Revision 
``A,'' dated September 16, 2004, as the appropriate source of service 
information for accomplishing the proposed actions.
    TCCA airworthiness directive CF-2003-14R1 requires, for certain 
airplanes, repetitive general visual inspections at intervals not to 
exceed 4,000 flight hours, until accomplishing a terminating 
modification (i.e., modifying the routing and support of the electrical 
harnessess of the spoiler and the BPSU on both sides of the wing root) 
within 4,000 flight hours after the effective date of the TCCA 
airworthiness directive. We have determined that the repetitive general 
visual inspections are not necessary in this supplemental NPRM (only a 
one-time general visual inspection), since the terminating modification 
would be done within the same compliance time as the repetitive 
inspections.
    TCCA airworthiness directive CF-2003-14R1 also requires, before 
further flight, repairing any damaged or chafed electrical harness 
found during the visual inspection (i.e., within 500 flight hours after 
the effective date of the TCAA airworthiness directive), and requires, 
within 4,000 flight hours after the repair, replacing any damage or 
chafed harness or wire with a new harness. Therefore, the TCAA 
airworthiness directive requires the subject replacement to be done at 
4,500 flight hours (includes 500 flight hours for the inspection), 
which is after the 4,000 flight-hour compliance time for doing the 
terminating modification. We have determined that the proposed 
replacement should be done at the same time as the terminating 
modification. In light of this, this supplemental NPRM would require, 
within 3,500 flight hours after the repair, replacing any damaged or 
chafed harness or wire with a new harness.
    These differences have been coordinated with the TCCA.

Conclusion

    Since these changes expand the scope of the original NPRM, we have 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for public comment.

Comments Received

    Due consideration has been given to the following comment received 
in response to the original NPRM:
    One commenter requests that paragraph (c) of the original NPRM be 
revised to give operators credit for accomplishing inspections before 
the effective date of this AD in accordance with Bombardier Alert 
Service Bulletin A601R-27-101, Initial Issue, dated April 17, 2000. The 
commenter states that the only change made to Part A of Revision ``A,'' 
of the service bulletin was the deletion of the inspection of the 
aileron harness and thus has no affect on the intent of what is 
specified in paragraph (a) of the original NPRM. The commenter also 
states that the original NPRM, as written, would require operators to 
unnecessarily perform similar, and even less involved, initial 
inspections again.
    We agree with the commenter's request and have revised paragraph 
(c) of the supplemental NPRM to give operators credit for accomplishing 
inspections before the effective date of this AD in accordance with 
Bombardier Alert Service Bulletin A601R-27-101, Initial Issue, dated 
April 17, 2000. In addition, we have revised paragraph (c) of the 
supplemental NPRM to give operators credit for accomplishing 
inspections, replacements, and repairs before the effective date of 
this AD in accordance with Bombardier Alert Service Bulletin A601R-27-
101, Revision ``A,'' dated October 26, 2001; or Bombardier Alert 
Service Bulletin A601R-27-133, Initial Issue, dated July 12, 2004.

Cost Impact

    The FAA estimates that 709 airplanes of U.S. registry would be 
affected by this proposed AD.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed inspection, and that the average labor rate is $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 $46,085, or 
$65 per airplane.
    It would take approximately 5 work hours per airplane to accomplish 
the proposed modification, and that the average labor rate is $65 per 
work hour. Required parts would be supplied by the airplane 
manufacturer at no cost to operators. Based on these figures, the cost 
impact of the modification proposed by this AD on U.S. operators is 
estimated to be $230,425, or $325 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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.

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 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,

[[Page 36865]]

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 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 adding the following new 
airworthiness directive:

Bombardier, Inc. (Formerly Canadair): Docket 2003-NM-163-AD.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes, serial numbers 7003 through 7067 inclusive, and 7069 
through 7947 inclusive, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct chafing of the electrical cables of the 
spoiler and brake pressure sensor unit (BPSU) on both sides of the 
wing root, which could result in loss of flight control system and 
consequent reduced controllability of the airplane, accomplish the 
following:

Initial Inspections

    (a) Within 500 flight hours after the effective date of this AD, 
do a general visual inspection for chafing or wire damage of the 
electrical harnesses of the spoiler and the BPSU on both sides of 
the wing root, in accordance with Part A of the Accomplishment 
Instructions of Bombardier Alert Service Bulletin A601R-27-133, 
Revision `A,' dated September 16, 2004.

    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.''

Corrective Actions

    (b) If any damaged or chafed electrical harness or wire is found 
during any inspection required by paragraph (a) of this AD, before 
further flight, do either paragraph (b)(1) or (b)(2) of this AD.
    (1) Replace any damaged or chafed harness or wire with a new 
harness, in accordance with Part C or Part D of the Accomplishment 
Instructions of Bombardier Alert Service Bulletin A601R-27-133, 
Revision `A,' dated September 16, 2004, as applicable.
    (2) Repair any damaged or chafed electrical harness in 
accordance with Part B of the Accomplishment Instructions of 
Bombardier Alert Service Bulletin A601R-27-133, Revision `A,' dated 
September 16, 2004. Within 3,500 flight hours after the repair is 
done, do paragraph (b)(1) of this AD.

Credit for Earlier Service Bulletins

    (c) Inspections, replacements, and repairs accomplished before 
the effective date of this AD in accordance with Bombardier Alert 
Service Bulletin A601R-27-101, Initial Issue, dated April 17, 2000; 
or Revision `A,' dated October 26, 2001; or Bombardier Alert Service 
Bulletin A601R-27-133, Initial Issue, dated July 12, 2004; are 
acceptable for compliance with the corresponding requirements of 
this AD.

Terminating Modification

    (d) Within 4,000 flight hours after the effective date of this 
AD, modify the routing and support of the electrical harnesses of 
the spoiler and the BPSU on both sides of the wing root by 
accomplishing all the actions specified in Part E or F, as 
applicable, of the Accomplishment Instructions of Bombardier Alert 
Service Bulletin A601R-27-133, Revision `A,' dated September 16, 
2004. Accomplishing the modification constitutes compliance with the 
requirements of this AD.

Exception to Service Bulletin

    (e) Although Bombardier Alert Service Bulletin A601R-27-133, 
Revision `A,' dated September 16, 2004, specifies to submit certain 
information to the manufacturer, this AD does not include such a 
requirement.

Alternative Methods of Compliance

    (f) In accordance with 14 CFR 39.19, the Manager, New York 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance for this AD.

    Note 2: The subject of this AD is addressed in Canadiar 
airworthiness directive CF-2003-14R1, effective February 26, 2005.


    Issued in Renton, Washington, on June 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12637 Filed 6-24-05; 8:45 am]
BILLING CODE 4910-13-P