[Federal Register Volume 71, Number 88 (Monday, May 8, 2006)]
[Rules and Regulations]
[Pages 26682-26685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4231]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-233-AD; Amendment 39-14585; AD 2006-10-01]
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 supersedes 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 amendment requires the installation of 
protective tape and adds repetitive inspections of the condition of the 
protective tape and related corrective action. This amendment also 
mandates eventual replacement of the existing fire and overheat control 
unit with a modified unit, which ends the repetitive inspections. 
Additionally, this amendment adds airplanes to the applicability in the 
existing AD. The actions specified by this 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: Effective June 12, 2006.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 12, 2006.
    On August 22, 2003 (68 FR 42580, July 18, 2003), the Director of 
the Federal Register approved the incorporation by reference of 
Bombardier Alert Service Bulletin A601R-26-017, Revision ``A,'' dated 
September 8, 2000.

ADDRESSES: The service information referenced in this AD may be 
obtained from Bombardier, Inc., Canadair,

[[Page 26683]]

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, 1600 Stewart Avenue, suite 410, 
Westbury, New York.

FOR FURTHER INFORMATION CONTACT: Rocco Viselli (or 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) 228-7331 (or (516) 228-7321); fax 
(516) 794-5531.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 2003-14-17, 
amendment 39-13236 (68 FR 42580, July 18, 2003), which is applicable to 
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes, was published in the Federal Register on April 6, 2004 (69 
FR 17987). This action proposed to continue to require the installation 
of protective tape and to add repetitive inspections of the condition 
of the protective tape and related corrective action. This action also 
proposed to mandate eventual replacement of the existing fire and 
overheat control unit with a modified unit, which would end the 
repetitive inspections. Additionally, this action proposed to add 
airplanes to the applicability in the existing AD.

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.

Requests To Refer to Current Revision of Service Information

    Two commenters, Air Wisconsin Airlines and Bombardier, request that 
we change one service information reference in the notice of proposed 
rulemaking (NPRM). Bombardier states that the NPRM refers to Service 
Bulletin 601R-26-018, Revision `A,' dated February 27, 2003, in several 
places, although Revision `B,' dated November 6, 2003, is the current 
revision. Bombardier requests that we change all references in the NPRM 
from Revision `A' to Revision `B.' Air Wisconsin Airlines states that 
the compliance time of ``8,000 flight hours or 36 months from the issue 
date of this service bulletin,'' specified by Revision `A' has been 
changed to ``20,000 flight hours from the issue date of this service 
bulletin or before December 31, 2010,'' in Revision `B.' Air Wisconsin 
Airlines notes that paragraph (e) of the NPRM refers to ``20,000 flight 
hours'' and suggests changing the service information reference in 
paragraph (e) from Revision `A' to Revision `B' to bring the ``20,000 
flight hours'' into agreement with the current service information.
    We have reviewed Bombardier Service Bulletin 601R-26-018, Revision 
`B,' dated November 6, 2003. Except for the changed compliance time 
noted and an added reference to Transport Canada Civil Aviation (TCCA), 
Revision `A' and Revision `B' are essentially the same; therefore, we 
agree with this request for the reasons given. We have revised 
paragraphs (c), (e), and (f) of the AD to refer to Service Bulletin 
601R-26-018, Revision `B,' as the appropriate source of service 
information for accomplishing certain requirements of the AD.

Request To Extend Compliance Time

    One commenter, Bombardier, requests that we revise the compliance 
time specified in paragraph (e) of the NPRM. Bombardier states that 
``20,000 flight hours or 84 months,'' is not consistent with applying 
5,000 flight hours as equivalent to 24 months of operation for a 
typical affected airplane. Bombardier states that ``20,000 flight hours 
or 96 months,'' would more accurately reflect this application.
    We partially agree. Bombardier's analysis does indicate that a 
longer period of compliance time may be warranted. However, we have 
determined that 89 months, rather than 96 months, would more accurately 
reflect the compliance time mandated by Canadian airworthiness 
directive CF-2000-35R1, dated July 2, 2003. Therefore, we have revised 
paragraph (e) of the AD to specify a compliance time of ``20,000 flight 
hours or 89 months after the effective date of this AD, whichever 
occurs first.''

Change to Applicability

    The reference to Service Bulletin 601R-26-018, Revision `A' is 
changed to Revision `B' in the applicability of the AD; however, no 
airplanes are added to or deleted from the applicability.

Change to Compliance Time Priority

    To properly reflect the priority of the compliance times specified 
in Canadian airworthiness directive CF-2000-35R1, we have revised 
paragraph (d) of the AD to read, ``Within 5,000 flight hours or 24 
months after the effective date of this AD, whichever occurs first.''

Credit for Use of Previous Issues of Service Information

    The statement, ``This revision has no effect on aircraft which have 
a previous issue of this service bulletin incorporated,'' appears in 
Bombardier Service Bulletin 601R-26-018, Revision `B,' dated November 
6, 2003, and in Bombardier Alert Service Bulletin A601R-26-017, 
Revision `D,' dated November 6, 2003. Therefore, we have added new 
paragraph (g) to the AD to give credit for actions accomplished in 
accordance with Alert Service Bulletin A601R-26-017, Revision `C,' 
dated November 6, 2003; and with Service Bulletin 601R-26-018, dated 
December 2, 2002, and Revision `A,' dated February 27, 2003. We have 
re-identified existing paragraph (g) and subsequent paragraphs in the 
AD.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

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 previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are about 240 airplanes of U.S. registry that will be 
affected by this 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 required by this AD action will 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 
required by this AD on U.S. operators is estimated to be $15,600, or 
$65 per airplane, per inspection cycle.
    The replacement required by this AD action will take about 2 work 
hours per airplane to do, at an average labor rate of $65 per work 
hour. Parts cost will be minimal. Based on these figures, the cost 
impact of the replacement required by this AD on U.S. operators is

[[Page 26684]]

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 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 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 removing amendment 39-13236 (68 FR 
42580, July 18, 2003), and by adding a new airworthiness directive 
(AD), amendment 39-14585, to read as follows:

2006-10-01 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 identified in Bombardier 
Alert Service Bulletin A601R-26-017, Revision ``D,'' dated November 
6, 2003; and Bombardier Service Bulletin 601R-26-018, Revision 
``B,'' dated November 6, 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), 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.
    (b) Installation of protective tape on the external cover of the 
fire and overheat control in the flight compartment, done before 
August 22, 2003, 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 identified in Bombardier Alert Service 
Bulletin A601R-26-017, Revision ``D,'' dated November 6, 2003; and 
Bombardier Service Bulletin 601R-26-018, Revision ``B,'' dated 
November 6, 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 in accordance with 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, whichever occurs first: Do a general visual 
inspection to determine the condition of the protective tape on the 
external cover of the fire and overheat control unit, in accordance 
with 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 in accordance with the service bulletin. Repeat 
the inspection thereafter at intervals not to exceed 5,000 flight 
hours or 24 months, whichever is later, until paragraph (e) of the 
AD is accomplished.

    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 89 months after the effective 
date of this AD, whichever occurs first: Replace the fire and 
overheat control unit with a modified unit, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-26-
018, Revision ``B,'' dated November

[[Page 26685]]

6, 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 ``B,'' dated November 6, 2003; 
describe procedures for completing a reporting sheet, this AD does 
not require that action.

Credit for Use of Previous Issues of Service Bulletin

    (g) Actions accomplished before the effective date of this AD in 
accordance with Bombardier Alert Service Bulletin A601R-26-017, 
Revision ``C,'' dated November 6, 2003; and Bombardier Service 
Bulletin 601R-26-018, dated December 2, 2002; or Revision ``A,'' 
dated February 27, 2003; as applicable; are considered acceptable 
for compliance with the corresponding requirements of this AD.

Part Installation

    (h) 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

    (i)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Incorporation by Reference

    (j) Unless otherwise specified in this AD, the actions must be 
done in accordance with Bombardier Alert Service Bulletin A601R-26-
017, Revision ``A,'' dated September 8, 2000, or Bombardier Alert 
Service Bulletin A601R-26-017, Revision ``D,'' dated November 6, 
2003; and Bombardier Service Bulletin 601R-26-018, Revision ``B,'' 
dated November 6, 2003; as applicable.
    (1) The incorporation by reference of Bombardier Alert Service 
Bulletin A601R-26-017, Revision ``D,'' dated November 6, 2003; and 
Bombardier Service Bulletin 601R-26-018, Revision ``B,'' dated 
November 6, 2003; is approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) On August 22, 2003 (68 FR 42580, July 18, 2003), the 
Director of the Federal Register approved the incorporation by 
reference of Bombardier Alert Service Bulletin A601R-26-017, 
Revision ``A,'' dated September 8, 2000.
    (3) To get copies of this service information, contact 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, Montreal, Quebec H3C 3G9, Canada. To inspect copies of 
this service information, go to the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or to the 
FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, 
suite 410, Westbury, New York; or 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.


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

Effective Date

    (k) This amendment becomes effective on June 12, 2006.

    Issued in Renton, Washington, on April 28, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-4231 Filed 5-5-06; 8:45 am]
BILLING CODE 4910-13-P