[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Proposed Rules]
[Pages 27474-27476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13506]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0525; Directorate Identifier 2009-NM-027-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: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. This 
proposed AD results from mandatory continuing airworthiness information 
(MCAI) originated by an aviation authority of another country to 
identify and correct an unsafe condition on an aviation product. The 
MCAI describes the unsafe condition as:

    AD CF-2002-12 [which corresponds to FAA AD 2003-04-21, amendment 
39-13070] mandated installation of revised overwing emergency exit 
placards showing that the exit door should be opened and disposed 
from a seated position. However, it was later discovered that the 
new placards illustrated an incorrect hand position for removal of 
the exit upper handle cover. These incorrect instructions could 
cause difficulty or delay when opening the overwing emergency exit.

    As a result, the timely and safe evacuation of passenger and crew 
may be impeded. The proposed AD would require actions that are intended 
to address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by July 10, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., 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., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; e-mail 
[email protected]; Internet http://www.bombardier.com. You 
may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221 or 425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Christopher Alfano, Aerospace 
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New 
York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone (516) 228-7340; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0525; 
Directorate Identifier 2009-NM-027-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On February 19, 2003, we issued AD 2003-04-21, Amendment 39-13070 
(68 FR 9509, February 28, 2003). A correction of that AD was published 
in the Federal Register on March 25, 2003 (68 FR 14309). That AD 
required actions intended to address an unsafe condition on the 
products listed above.
    Since we issued AD 2003-04-21, it was discovered that the new 
placards illustrated an incorrect hand position for removal of the exit 
upper handle cover. Transport Canada Civil Aviation, which is the 
aviation authority for Canada, has issued Canadian Airworthiness 
Directive CF-2009-02, dated January 19, 2009 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    AD CF-2002-12 [which corresponds to FAA AD 2003-04-21] mandated 
installation of revised overwing emergency exit placards showing 
that the exit door should be opened and disposed from a seated 
position. However, it was later discovered that the new placards 
illustrated an incorrect hand position for removal of the exit upper 
handle cover. These incorrect instructions could cause difficulty or 
delay when opening the overwing emergency exit.

    As a result, the timely and safe evacuation of passenger and crew 
may be impeded. The required actions include replacing the incorrect 
placards with revised placards. You may obtain further information by 
examining the MCAI in the AD docket.
    This NPRM adds certain airplanes to the applicability; we have 
determined that these additional airplanes are affected by the 
identified unsafe condition. These airplanes were added as they also 
have the same interior configuration. This NPRM also removes certain 
airplanes from the applicability; airplanes with serial numbers 7075, 
7099, 7136, 7140, 7152, 7176, and 7351 have been removed because they 
have different placards installed.

[[Page 27475]]

Relevant Service Information

    Bombardier has issued Service Bulletin 601R-11-088, Revision `A,' 
dated March 24, 2009. The actions described in this service information 
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 664 products of U.S. registry.
    We estimate that it would take about 1 work-hour per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $80 per work-hour. Required parts would cost about $128 
per product. Where the service information lists required parts costs 
that are covered under warranty, we have assumed that there will be no 
charge for these costs. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of the proposed AD 
on U.S. operators to be $138,112, or $208 per product.

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 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.
    For the reasons discussed above, I certify 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. 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 and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 FAA amends Sec.  39.13 by removing Amendment 39-13070 (68 FR 
9509, February 28, 2003), corrected at 68 FR 14309, March 25, 2003, and 
adding the following new AD:

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2009-0525; 
Directorate Identifier 2009-NM-027-AD.

Comments Due Date

    (a) We must receive comments by July 10, 2009.

Affected ADs

    (b) The proposed AD supersedes AD 2003-04-21 R1, Amendment 39-
13070.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 400) airplanes, serial numbers 7003 through 7074 
inclusive, 7076 through 7098 inclusive, 7100 through 7135 inclusive, 
7137 through 7139 inclusive, 7141 through 7151 inclusive, 7153 
through 7175 inclusive, 7177 through 7350 inclusive, 7352 through 
7583 inclusive, 7585 through 7638 inclusive, 7640 through 7716 
inclusive, 7718 through 7845 inclusive, 7847 through 8042 inclusive, 
8044 through 8047 inclusive, 8050, 8058, 8059, 8061, 8062, and 8064; 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 11: Placards 
and markings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

AD CF-2002-12 [which corresponds to FAA AD 2003-04-21] mandated 
installation of revised overwing emergency exit placards showing 
that the exit door should be opened and disposed from a seated 
position. However, it was later discovered that the new placards 
illustrated an incorrect hand position for removal of the exit upper 
handle cover. These incorrect instructions could cause difficulty or 
delay when opening the overwing emergency exit.

    As a result, the timely and safe evacuation of passenger and 
crew may be impeded. The required action includes replacing the 
incorrect placards with revised placards.

Actions and Compliance

    (f) Unless already done, within 24 months after the effective 
date of this AD, replace the existing overwing emergency exit 
placards with new placards, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-11-088, Revision 
`A,' dated March 24, 2009.
    (g) Replacement of the overwing emergency exit placards with new 
placards accomplished before the effective date of this AD in 
accordance with Bombardier Service Bulletin 601R-11-088, dated June 
25, 2008, is considered acceptable for compliance with the 
corresponding action specified in this AD.

[[Page 27476]]

FAA AD Differences

    NOTE 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: Christopher Alfano, 
Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, 
FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, 
Suite 410, Westbury, New York 11590; telephone (516) 228-7340; fax 
(516) 794-5531. Before using any approved AMOC on any airplane to 
which the AMOC applies, notify your principal maintenance inspector 
(PMI) or principal avionics inspector (PAI), as appropriate, or 
lacking a principal inspector, your local Flight Standards District 
Office.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2009-02, 
dated January 19, 2009; and Bombardier Service Bulletin 601R-11-088, 
Revision `A,' dated March 24, 2009; for related information.

    Issued in Renton, Washington, on June 2, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-13506 Filed 6-9-09; 8:45 am]
BILLING CODE 4910-13-P