[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Proposed Rules]
[Pages 42457-42459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17608]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0721; Directorate Identifier 2012-NM-076-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. 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 
certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. This proposed AD was prompted by reports that airplanes 
with a Class C cargo (baggage) compartment have liners that do not meet 
flammability requirements. This proposed AD would require replacing the 
existing cargo compartment liners with liners that comply. We are 
proposing this AD to prevent inadequate fire protection in the cargo 
compartment and consequent uncontrolled fire.

DATES: We must receive comments on this proposed AD by September 4, 
2012.

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 Bombardier 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; email

[[Page 42458]]

[email protected]; Internet http://www.bombardier.com. For 
COMTEK service information identified in this proposed AD, contact 
Comtek Aftermarket Structures, 1360 Artisans Court, Burlington, 
Ontario, Canada, L7L 5Y2; telephone 905-331-8121; fax 905-331-8125; 
email [email protected]; Internet http://www.comtekadvanced.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.

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: Cesar Gomez, 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 516-228-7318; 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-2012-0721; 
Directorate Identifier 2012-NM-076-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

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2012-11, dated March 
23, 2012 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    It was found that the cargo compartment liners installed on CL-
600-2B19 configured with Class C cargo compartment do not all meet 
the flammability requirements. Non-compliant cargo compartment 
liners may not provide adequate fire protection and could lead to an 
uncontrolled baggage bay fire.
    This AD mandates the replacement of existing cargo compartment 
liners with compliant cargo compartment liners.
    Aeroplanes modified with [TCCA] Supplemental Type Certificate 
(STC) Number SA01-19 Issue No. 1 [corresponding FAA STC ST01292NY, 
amended July 7, 2003 http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1BB5140B1D3A130086256D7A006DF851?OpenDocument&Highlight=st01292ny] 
Cargo Liner Replacement Panels are also affected by this AD.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier, Inc. issued the following service information:
     Bombardier Service Bulletin 601R-25-187, Revision A, dated 
September 1, 2011;
     Bombardier Service Bulletin 601R-25-198, dated September 
1, 2011; and
     Bombardier Service Bulletin 601R-25-199, dated September 
1, 2011.
    Comtek Aftermarket Structures issued COMTEK Service Bulletin COMSB-
25-52-001, Revision A, dated December 29, 2011.
    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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 574 products of U.S. registry. We also estimate that 
it would take about 87 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $43,559 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 
parts. 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 $29,247,596, or $50,954 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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

[[Page 42459]]

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 adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2012-0721; Directorate Identifier 
2012-NM-076-AD.

(a) Comments Due Date

    We must receive comments by September 4, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category; 
serial numbers 7003 and subsequent, configured with a Class C cargo 
compartment, including airplanes modified by Supplemental Type 
Certificate (STC) ST01292NY amended July 7, 2003.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by reports that airplanes with a Class C 
cargo (baggage) compartment have liners that do not meet 
flammability requirements. We are issuing this AD to prevent 
inadequate fire protection in the cargo compartment and consequent 
uncontrolled fire.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Actions

    Within 28 months after the effective date of this AD, replace 
the cargo compartment liners in accordance with the Accomplishment 
Instructions of the applicable service bulletin specified in 
paragraphs (g)(1) through (g)(3) of this AD. For airplanes that do 
not have a configuration specified in paragraphs (g)(1) through 
(g)(3) of this AD: Prior to accomplishing the replacement, convert 
the cargo compartment liner to one of the configurations specified 
in paragraphs (g)(1) through (g)(3) of this AD, in accordance with a 
method approved by the FAA or Transport Canada Civil Aviation (TCCA) 
(or its delegated agent). To meet the requirements of this AD, the 
applicable Bombardier Service Bulletin or COMTEK Service Bulletin 
must be followed in its entirety, with no mixing of Bombardier-
supplied or COMTEK-supplied liners.
    (1) For airplanes with North American cargo compartment 
configuration: Bombardier Service Bulletin 601R-25-187, Revision A, 
dated September 1, 2011; or COMTEK Service Bulletin COMSB-25-52-001, 
Revision A, dated December 29, 2011.
    (2) For airplanes with European cargo compartment configuration: 
Bombardier Service Bulletin 601R-25-198, dated September 1, 2011.
    (3) For airplanes with Universal cargo compartment 
configuration: Bombardier Service Bulletin 601R-25-199, dated 
September 1, 2011.
    Note (1) to paragraph (g) of this AD: COMTEK Service Bulletin 
COMSB-25-52-001, Revision A, dated December 29, 2011, installs STC 
ST01292NY amended March 21, 2012 (corresponds to Transport Canada 
Civil Aviation (TCCA) STC SA01-19, Issue 2) flammability-compliant 
cargo liner replacement panels.

(h) Credit for Previous Actions

    This paragraph provides credit for certain actions specified in 
paragraph (g)(1) of this AD, if those actions were performed before 
the effective date of this AD using Bombardier Service Bulletin 
601R-25-187, dated July 21, 2011.

(i) Parts Installation Prohibition

    (1) As of the effective date of this AD, no person may install a 
cargo compartment liner, identified as ``Pre-SB Part Number'' in 
paragraph 1.M. of the Bombardier service bulletins identified in 
paragraphs (g)(1) through (g)(3) of this AD; or ``Pre-SB P/N'' in 
paragraph 3.D. of COMTEK Service Bulletin COMSB-25-52-001, Revision 
A, dated December 29, 2011; or FAA STC ST01292NY amended July 7, 
2003 http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1BB5140B1D3A130086256D7A006DF851?OpenDocument&Highlight=st01292ny; 
on any airplane.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the ACO, send it to ATTN: Program Manager, Continuing 
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 
410, Westbury, New York 11590; telephone 516-228-7300; fax 516-794-
5531. Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office. The AMOC approval letter must specifically 
reference 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.

(k) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2012-11, 
dated March 23, 2012, and the service information identified in 
paragraphs (k)(1)(i) through (k)(1)(iv) of this AD, for related 
information.
    (i) Bombardier Service Bulletin 601R-25-187, Revision A, dated 
September 1, 2011.
    (ii) Bombardier Service Bulletin 601R-25-198, dated September 1, 
2011.
    (iii) Bombardier Service Bulletin 601R-25-199, dated September 
1, 2011.
    (iv) COMTEK Service Bulletin COMSB-25-52-001, Revision A, dated 
December 29, 2011.
    (2) For Bombardier service information identified in this 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; email [email protected]; Internet http://www.bombardier.com. For COMTEK service information identified in 
this AD, contact Comtek Aftermarket Structures, 1360 Artisans Court, 
Burlington, Ontario, Canada, L7L 5Y2; telephone 905-331-8121; fax 
905-331-8125; email [email protected]; Internet http://www.comtekadvanced.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.

    Issued in Renton, Washington, on July 6, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-17608 Filed 7-18-12; 8:45 am]
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