[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Proposed Rules]
[Pages 68198-68200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30419]



[[Page 68198]]

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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: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This action revises the earlier NPRM by expanding the scope. 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 passengers 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 January 19, 
2010.

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 W12-40, 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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on June 
10, 2009 (74 FR 27474). That earlier NPRM proposed to require actions 
intended to address the unsafe condition for the products listed above.
    Since that NPRM was issued, we have revised the applicability to 
include all Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes with serial numbers 7003 and subsequent because those 
serial numbers may have incorrect placards.

Comments

    We have considered the following comments received on the earlier 
NPRM.

Support for the NPRM

    Robert Edward Briggs, a private citizen, and Mesa Air support the 
compliance times in the NPRM. Mr. Briggs states that Bombardier has a 
26-week lead time on the new placards, so the compliance time should 
remain at 24 months from the effective date of the AD. Mesa Air states 
that it supports the 24-month compliance time because of the 26-week 
lead time, and because of the requirement to revise and replace the PAX 
(passenger) briefing cards.

Request To Withdraw NPRM

    Rich Rupslauskas, a private citizen, requests that we withdraw the 
NPRM. Mr. Rupslauskas asserts that the change depicted in the new 
placard is not necessary and does nothing to enhance safety. The 
commenter supports his request by having asked four different people to 
identify the difference between the old and the new placards and they 
were unable to do so. The commenter asserts that if there was a problem 
with the placard, it would have already been discovered through 
training, maintenance, evacuation testing, and actual evacuations.
    We do not agree with the commenter's request to withdraw the 
proposed AD. We find the commenter's sample size too small to 
constitute a representative statistical sample with which to determine 
an adequate level of safety. The illustration in the new placard is 
correct. 14 CFR 25.811(e)(1) requires that ``The location of the 
operating handle and instructions for opening exits from the inside of 
the airplane must be shown in the following manner: (1) Each passenger 
emergency exit must have, on or near the exit, a marking that is 
readable from a distance of 30 inches * * *'' Incorrect instructions 
could cause difficulty or delay, especially to persons who are less 
familiar with the airplane emergency exit door openings. We have not 
changed the supplemental NPRM in this regard.

[[Page 68199]]

Request To Address the Requirements of AD 2003-04-21

    Comair Inc. states that AD 2003-04-21 requires actions to be 
accomplished in accordance with Bombardier Alert Service Bulletin 
A601R-11-077, Revision A, dated December 11, 2001. That AD required 
installing a new overwing exit placard, and relocates two other 
placards: The no-baggage placard and the door weight placard. (The no-
baggage placards are the placards that illustrate no baggage, and are 
identified in Bombardier Service Bulletin as ``Placard No Baggage.'') 
Comair states that this NPRM requires compliance with Bombardier 
Service Bulletin 601R-11-088, Revision A, dated March 24, 2009. Comair 
states that Revision A of the service bulletin addresses only the 
latest overwing exit placard, and does not address moving the other two 
placards.
    We infer that the commenter is asking for clarification regarding 
the requirements of this supplemental NPRM for the door weight placards 
and the no-baggage placards. We have revised paragraph (f) of this 
supplemental NPRM to clarify that the restated requirements include 
moving the door weight placards and no-baggage placards.

Request To Shorten Compliance Time

    Comair requests that we revise the NPRM to shorten the 24-month 
compliance time to 9 months. Comair states that the compliance time 
appears to be based on Canadian Airworthiness Directive CF-2009-02, 
which concurs with the recommended interval specified in Bombardier 
Service Bulletin 601R-11-088, Revision `A,' dated March 24, 2009. 
Comair states that the 24-month compliance time seems excessive based 
on the simplicity of the required task. Comair states that nine months 
should be sufficient to procure parts, write work instructions, and 
comply with the service bulletin. Comair estimates that one-third of 
the U.S.-registered fleet is already in compliance.
    We disagree with the request to reduce the compliance time from 24 
months to 9 months. The proposed compliance time of 24 months was 
determined to be appropriate in consideration of the safety 
implications, the average utilization rate of the affected fleet, the 
practical aspects of an orderly inspection of the fleet during regular 
maintenance periods, and the availability of required modification 
parts. We have not changed the AD in this regard.

Request for Credit for Previously Issued AMOCs

    Comair requests that we revise the NPRM to allow credit for 
placards installed according to a previously given AMOC. Comair writes 
that it received an AMOC, dated December 14, 2007, which allowed it to 
install overwing exit placards, part numbers S8388-1 and S8389-1, that 
are specified in Bombardier Service Bulletin 601R-11-088, Revision `A,' 
dated March 24, 2009. Comair states that it completed installing these 
placards on its entire fleet three months before the initial release of 
the service bulletin.
    We agree with the commenter's request. We have revised paragraph 
(j)(1) of this supplemental NPRM to allow credit for placards installed 
in accordance with previously issued AMOCs to AD 2003-04-21 issued by 
the NYACO on December 14, 2007, allowing the installation of the new 
overwing exit placards, part numbers S8388-1 and S8389-1. These are the 
same part numbers installed using Bombardier Service Bulletin 601R-11-
088, Revision A, dated March 24, 2009.

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.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on this proposed AD.

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;

[[Page 68200]]

    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 January 19, 2010.

Affected ADs

    (b) This 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 & 440) airplanes, certificated in any category, 
serial numbers 7003 and subsequent.

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, 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 passengers and crew 
may be impeded. The required action includes replacing the incorrect 
placards with revised placards.

Restatement of Certain Requirements of AD 2003-04-21 R1

    (f) Unless already done, for airplanes identified in Table 1 of 
this AD, within 12 months after April 4, 2003 (the effective date of 
AD 2003-04-21 R1), replace the door weight placards, and no-baggage 
placards with new placards (including cleaning of the applicable 
surface), as applicable, per Bombardier Alert Service Bulletin 
A601R-11-077, Revision A, dated December 11, 2001, excluding Service 
Bulletin Comment Sheet-Facsimile Reply Sheet and CRJ 100/200 Service 
Bulletin Compliance Facsimile Reply Sheet.

                         Table 1--Serial Numbers
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                               Serial Nos.
 
7003 through 7434 inclusive.
7436 through 7442 inclusive.
7444 through 7452 inclusive.
7454 through 7458 inclusive.
7460 through 7497 inclusive.
7499 through 7504 inclusive.
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     (g) Replacement accomplished before April 4, 2003, per 
Bombardier Alert Service Bulletin A601R-11-077, dated July 12, 2001, 
is considered acceptable for compliance with the replacement 
specified in paragraph (f) of this AD.

New Requirements of This AD

Actions and Compliance

    (h) 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.
    (i) Replacing the overwing emergency exit placards with new 
placards 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.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: The MCAI applicability includes certain airplanes. This 
AD expands the applicability to include serial numbers 7003 and 
subsequent.

Other FAA AD Provisions

    (j) 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. The AMOC approval letter must specifically reference this 
AD. AMOCs approved previously in accordance with AD 2003-04-21, 
Amendment 39-13070, are approved as AMOCs for the corresponding 
provisions of this AD.
    (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

    (k) Refer to MCAI Canadian Airworthiness Directive CF-2009-02, 
dated January 19, 2009; Bombardier Alert Service Bulletin A601R-11-
077, Revision A, dated December 11, 2001; and Bombardier Service 
Bulletin 601R-11-088, Revision `A,' dated March 24, 2009; for 
related information.

    Issued in Renton, Washington, on December 11, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-30419 Filed 12-22-09; 8:45 am]
BILLING CODE 4910-13-P