[Federal Register Volume 72, Number 23 (Monday, February 5, 2007)]
[Rules and Regulations]
[Pages 5164-5167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1600]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26046; Directorate Identifier 2006-NM-172-AD; 
Amendment 39-14922; AD 2007-03-11]
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.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This AD requires inspecting for discrepancies of the 
activation mechanism of certain chemical oxygen generators, and 
corrective action if necessary. This AD results from several incidents, 
on certain airplane models, of incorrect installation of the release 
pin into the safety pin hole of the activation mechanism of the 
chemical oxygen generator; this resulted in failure to activate the 
chemical oxygen generator when required. A separate incident occurred 
on a different airplane model during deployment of the cabin oxygen 
system, which resulted in failure of the

[[Page 5165]]

release pin to activate the oxygen generator at a flight attendant 
station. We are issuing this AD to prevent failure of the activation 
mechanism of the chemical oxygen generator, which could result in the 
unavailability of supplemental oxygen and possible incapacitation of 
passengers and cabin crew during an in-flight decompression.

DATES: This AD becomes effective March 12, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 12, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, 
Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for service 
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Dan Parrillo, 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) 228-7305; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Bombardier 
Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. That NPRM 
was published in the Federal Register on October 12, 2006 (71 FR 
60083). That NPRM proposed to require inspecting for discrepancies of 
the activation mechanism of certain chemical oxygen generators, and 
corrective action if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Incorporate by Reference/Publish Service Information

    The Modification and Replacement of Parts Association (MARPA) 
states that frequently ADs are derived from service information 
originating with the type certificate holder or its suppliers. MARPA 
also states that manufacturer's service documents are privately 
authored instruments generally enjoying copyright protection against 
duplication and distribution. MARPA contends that when a service 
document is incorporated by reference pursuant to 5 U.S.C. 552(a) and 1 
CFR part 51 into a public document such as an AD, it loses its private, 
protected status and becomes itself a public document. MARPA explains 
that if a service document is used as a mandatory element of compliance 
it should not simply be referenced, but should be incorporated into the 
regulatory document. MARPA states that public laws by definition must 
be public, which means they cannot rely for compliance upon private 
writings, especially when the writings originate in a foreign country. 
MARPA adds that the interpretation of a document is not a question of 
fact, but of law, bound by the figurative four corners of the document; 
therefore, unless the service document is incorporated by reference, a 
court of law will not consider it when interpreting the AD. MARPA is 
concerned that failure to incorporate-by-reference the relevant service 
information could result in a court decision invalidating the AD.
    MARPA advises that it was informed that service documents are 
usually not incorporated into proposed actions (NPRMs), but only into 
final actions. MARPA notes that there is no indication in the NPRM that 
the FAA intends to incorporate by reference the necessary service 
information; in addition, there is no indication of which service 
documents are mandatory and which are merely sources of additional 
service information; therefore, the reader is unsure of the FAA's 
intent. MARPA asks that future proposed actions indicate the FAA intent 
by including the following, or a similar statement: ``We intend to 
incorporate by reference the following publications.''
    MARPA also states that incorporation by reference service documents 
should be made available to the public by publication in the Docket 
Management System (DMS) keyed to the action that incorporates them. 
MARPA adds that, under the aforementioned authorities, incorporation by 
reference is a technique used to reduce the size of the Federal 
Register when the information is already available to the affected 
individuals. MARPA notes that, traditionally, ``affected individuals'' 
has meant aircraft owners and operators who are generally provided 
service information by the manufacturer. MARPA states that a new class 
of affected individuals has emerged since the majority of aircraft 
maintenance is now performed by specialty shops instead of aircraft 
owners and operators. MARPA adds that this new class includes 
maintenance and repair organizations (MRO), component servicing and 
repair shops, parts purveyors and distributors and organizations 
manufacturing or servicing alternatively certified parts under section 
21.303 (``Replacement and modification parts'') of the Federal Aviation 
Regulations (14 CFR 21.303). Further, MARPA notes that the concept of 
brevity is now nearly archaic as documents exist more frequently in 
electronic format than on paper. Therefore, MARPA asks that the service 
documents deemed essential to the accomplishment of the NPRM be 
incorporated by reference into the regulatory instrument, and published 
in DMS prior to release of the AD.
    We understand MARPA's comment concerning incorporation by 
reference. The Office of the Federal Register (OFR) requires that 
documents that are necessary to accomplish the requirements of the AD 
be incorporated by reference during the final rule phase of rulemaking. 
This final rule incorporates by reference the documents necessary for 
the accomplishment of the requirements mandated by this AD. Further, we 
point out that while documents that are incorporated by reference do 
become public information, they do not lose their copyright protection. 
For that reason, we advise the public to contact the manufacturer to 
obtain copies of the referenced service information.
    The FAA does not concur with the commenter's request to indicate in 
an NPRM our intent to incorporate service information by reference. 
When we propose that actions be accomplished in accordance with certain 
service information in an NPRM, the public may assume we intend to IBR 
that service information, as requested by the Office of the Federal 
Register. Service information that is cited in the proposed AD as a 
source of additional information is not presented as a requirement, and 
the public may assume we do not intend to IBR that service information. 
No change to this final rule is necessary in regard to the commenter's 
request.
    In regard to MARPA's request to post service bulletins on the 
Department of

[[Page 5166]]

Transportation's DMS, we are currently in the process of reviewing 
issues surrounding the posting of service bulletins on the DMS as part 
of an AD docket. Once we have thoroughly examined all aspects of this 
issue and have made a final determination, we will consider whether our 
current practice needs to be revised. No change to the final rule is 
necessary in response to this comment.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

    This AD affects about 145 airplanes of U.S. registry.
    The inspection in Bombardier Alert Service Bulletin A601R-35-014 
takes about 3 work hours per airplane, at an average labor rate of $80 
per work hour. Based on these figures, the estimated cost of this 
inspection for U.S. operators is $34,800, or $240 per airplane.
    The inspection in Bombardier Service Bulletin 601R-35-016 takes 
about 1 work hour per airplane, at an average labor rate of $80 per 
work hour. Based on these figures, the estimated cost of this 
inspection for U.S. operators is $11,600, or $80 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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2007-03-11 Bombardier, Inc. (Formerly Canadair): Amendment 39-14922. 
Docket No. FAA-2006-26046; Directorate Identifier 2006-NM-172-AD.

Effective Date

    (a) This AD becomes effective March 12, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category; as 
identified in Bombardier Alert Service Bulletin A601R-35-014, dated 
September 25, 2003; and Bombardier Service Bulletin 601R-35-016, 
dated September 8, 2005.

Unsafe Condition

    (d) This AD results from several incidents, on certain airplane 
models, of incorrect installation of the release pin into the safety 
pin hole of the activation mechanism of the chemical oxygen 
generator; this resulted in failure to activate the chemical oxygen 
generator when required. A separate incident occurred on a different 
airplane model during deployment of the cabin oxygen system, and 
resulted in failure of the release pin to activate the oxygen 
generator at a flight attendant station. We are issuing this AD to 
prevent failure of the activation mechanism of the chemical oxygen 
generator, which could result in the unavailability of supplemental 
oxygen and possible incapacitation of passengers and cabin crew 
during an in-flight decompression.

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.

Inspections/Corrective Action

    (f) Do the detailed inspections for discrepancies of certain 
chemical oxygen generators of each flight attendant and lavatory 
oxygen panel, as applicable, and each passenger service unit of the 
passenger oxygen system, as specified in paragraphs (f)(1) and 
(f)(2) of this AD, as applicable.
    (1) For airplanes identified in paragraph 1.A. of Bombardier 
Alert Service Bulletin A601R-35-014, dated September 25, 2003: 
Within 550 flight hours after the effective date of this AD, do a 
one-time inspection for correct alignment and engagement of the 
release pin with the lanyard tube in the mask container module of 
the activation (firing) mechanism in the chemical oxygen generator 
by doing all the actions, including all applicable corrective 
actions, in accordance with the Accomplishment Instructions of 
Bombardier Alert Service Bulletin A601R-35-014, dated September 25, 
2003. Do all applicable corrective actions before further flight.
    (2) For airplanes identified in paragraph 1.A. of Bombardier 
Service Bulletin 601R-35-016, dated September 8, 2005: Within 1,100 
flight hours after the effective date of this AD; do a one-time 
inspection for correct installation of the release pin of the 
activation mechanism of the chemical oxygen generator, by doing all 
the actions, including all applicable corrective actions, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-35-016, dated September 8, 2005. Do all 
applicable corrective actions before further flight.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''


    Note 2: Bombardier Service Bulletin 601R-35-016, dated September 
8, 2005, refers to B/E Aerospace Service Bulletin 117003-35-4, dated 
March 29, 2001, as an additional source of service information for 
accomplishing the inspection and corrective action specified in 
paragraph (f) of this AD.


[[Page 5167]]



Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, New York Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (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.

Related Information

    (h) Canadian airworthiness directive CF-2006-11, dated May 31, 
2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use Bombardier Alert Service Bulletin A601R-35-014, 
dated September 25, 2003; and Bombardier Service Bulletin 601R-35-
016, dated September 8, 2005; as applicable; to perform the actions 
that are required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference of these documents in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Contact Bombardier, Inc., Canadair, Aerospace Group, 
P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, 
Canada, for a copy of this service information. You may review 
copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at 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 January 24, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-1600 Filed 2-2-07; 8:45 am]
BILLING CODE 4910-13-P