[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Rules and Regulations]
[Pages 15870-15874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04634]


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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; 
Amendment 39-17356; AD 2013-03-22]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This AD was prompted by reports that airplanes with a Class 
C cargo (baggage) compartment have liners that do not meet flammability 
requirements. This AD requires replacing the existing cargo compartment 
liners with liners that comply. We are issuing this AD to prevent 
inadequate fire protection in the cargo compartment and consequent 
uncontrolled fire.

DATES: This AD becomes effective April 17, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 17, 
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer, 
Airframe and Mechanical Systems

[[Page 15871]]

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on July 19, 2012 (77 FR 
42457). That NPRM proposed to correct an unsafe condition for the 
specified products. The Mandatory Continuing Airworthiness Information 
(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 [Canadian] AD mandates the replacement of existing cargo 
compartment liners with compliant cargo compartment liners.
    Aeroplanes modified with [Transport Canada Civil Aviation] 
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 [Canadian] 
AD.

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

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Change Applicability

    Air Wisconsin (AWI) requested that we change the applicability to 
either specify airplane serial numbers (S/Ns) 7003 though 7067 
inclusive, and S/Ns 7069 through 7857 inclusive, including airplanes 
modified by STC ST01292NY, amended July 7, 2003 (http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1BB5140B1D3A130086256D7A006DF851?OpenDocument&Highlight=st01292ny); or 
specify the airplanes listed in 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. AWI stated that the NPRM (77 FR 
42457, July 19, 2012) specifies the applicability as airplane S/Ns 7003 
and subsequent, yet each of these Bombardier service bulletins 
describes the effectivity as airplane S/Ns 7003 thru 7067 inclusive and 
S/Ns 7069 thru 7857 inclusive, and states that the service bulletin was 
``validated'' on airplane S/N 7362.
    We do not agree with the commenter's request to change the 
applicability. The intent of this AD is to ensure that any Model CL-
600-2B19 airplane configured with a Class C cargo compartment be 
equipped with compliant cargo compartment liners. The Bombardier 
service information referenced in paragraphs (g)(1) through (g)(3) of 
this AD has listed airplanes with known Class C cargo compartments. In 
order to ensure that any subsequently converted airplanes will be 
equally equipped with compliant Class C cargo compartment liners, this 
AD must apply to any Model CL-600-2B19 airplane configured with a Class 
C cargo compartment. We have not changed the AD in this regard.

Requests To Extend Compliance Time

    AWI and Pinnacle Airlines (FLG) requested that we extend the 
compliance time from 28 months to 36 months after the effective date of 
the AD. Both commenters stated that the service information recommends 
a compliance time of 36 months. Additionally, both commenters stated 
that the manufacturer has yet to supply the necessary parts kits. FLG 
noted that, without the parts kits, it could be put in a position of 
parking its airplanes. AWI stated that, without kits available, 
airplanes that are currently having their heavy check visits completed 
are without the benefit of the cargo compartment liner modification 
being accomplished.
    We do not agree with the commenters' requests to extend the 
compliance time. In developing an appropriate compliance time for this 
action, we considered the safety implications, parts availability, and 
normal maintenance schedules for the timely accomplishment of the 
modification. Bombardier has confirmed with the FAA and Transport 
Canada Civil Aviation (TCCA) that parts are available to the operators, 
and the availability will be such that the operators will be able to 
incorporate the modification within the compliance time. However, under 
the provisions of paragraph (k) of this AD, we will consider requests 
for approval of an extension of the compliance time if sufficient data 
are submitted to substantiate that the new compliance time would 
provide an acceptable level of safety. We have not changed the AD in 
this regard.

Request To Change Date of Parts Installation Prohibition or Remove 
Prohibition

    AWI requested that we either remove the paragraph or change the 
date of the prohibition of the installation of the old style liners 
(paragraph (i) of the NPRM (77 FR 42457, July 19, 2012)) from the 
effective date of the AD to 28 months after the effective date of the 
AD. AWI stated that in order to maintain a pre-modification airplane 
until the modification required by paragraph (g) of the NPRM is 
performed, the operator needs to have the flexibility to install the 
old style liners when replacing any that might become damaged.
    We agree to change the date of the prohibition of the installation 
of the old style liners for certain airplanes. We have changed 
paragraph (j)(1) of this AD (referred to as paragraph (i) of the NPRM 
(77 FR 42457, July 19, 2012)) to state that the installation of the old 
style liners for airplane S/Ns 7003 through 7857 inclusive is 
prohibited after completion of the cargo compartment liner modification 
required by paragraph (g) of this AD, which is required within 28 
months after the effective date of this AD.
    We have also added new paragraph (j)(2) to this AD, which states 
that the installation of the old style liners for airplane S/Ns 7858 
and subsequent is prohibited as of the effective date of this AD. 
Airplane S/Ns 7858 and subsequent are/were not delivered with a class C 
cargo compartment. Paragraph (j)(2) of this AD prevents these airplanes 
from having the identified unsafe cargo liners installed if they are 
converted to class C cargo compartments.

Request To Use Certain STC Parts

    AWI requested that we change the NPRM (77 FR 42457, July 19, 2012) 
to allow the installation of inserts, which are necessary for the 
installation of the rear wall liners in the floor panels specified in 
STC ST00560NY, amended June 29, 2001 (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/78C85CD7FA9FAFA585256CC2006A74D0?OpenDocument&Highlight=st00560ny). AWI 
stated that Bombardier Service Bulletin 601R-25-187, Revision A, dated 
September 1, 2011, does not mention these aftermarket panels and 
recognizes only the original equipment manufacturer floor panels.
    We agree with the commenter's request. We have added new paragraph 
(h) to this AD, which states that Comtek Advanced Structures floor 
panels

[[Page 15872]]

approved under STC ST00560NY, amended June 29, 2001 (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/78C85CD7FA9FAFA585256CC2006A74D0?OpenDocument&Highlight=st00560ny), are 
considered equivalent to the original equipment floor panels described 
in Bombardier Service Bulletin 601R-25-187, Revision A, dated September 
1, 2011, and may be used in lieu of the floor panels described in 
Bombardier Service Bulletin 601R-25-187, Revision A, dated September 1, 
2011. We have re-identified subsequent paragraphs accordingly.

Request To Approve Past or Future Repairs

    AWI requested that we make accommodation in the NPRM (77 FR 42457, 
July 19, 2012) for previously approved or future approved repairs/
repair schemes without the need for alternative methods of compliance 
(AMOC) to do those repairs. AWI stated that the cargo compartment 
liners take quite a bit of abuse during loading/unloading operations 
and are frequently in need of repair to maintain serviceability. AWI 
pointed out that there are existing approved repairs for the liners in 
the airplane maintenance manual and/or service repair manual.
    We disagree with the commenter's request. This AD requires the 
installation of compliant cargo compartment liners. After accomplishing 
the actions required by this AD, maintenance and/or preventive 
maintenance under 14 CFR part 45 is permitted provided the maintenance 
does not result in changing the AD-mandated configuration (reference 14 
CFR 39.7). We have not changed the AD in this regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously-and minor editorial 
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 42457, July 19, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 42457, July 19, 2012).

Costs of Compliance

    We estimate that this AD will affect 574 products of U.S. registry. 
We also estimate that it will take about 87 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will 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 this AD to the 
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 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 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 this AD and placed it in the AD docket.

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 the NPRM (77 FR 42457, July 19, 2012), 
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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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 FAA amends Sec.  39.13 by adding the following new AD:

2013-03-22 Bombardier, Inc.: Amendment 39-17356. Docket No. FAA-
2012-0721; Directorate Identifier 2012-NM-076-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 17, 
2013.

(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 (S/Ns) 7003 and subsequent, configured with a Class C 
cargo compartment, including airplanes modified by Supplemental Type 
Certificate (STC) ST01292NY, amended July 7, 2003 (http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1BB5140B1D3A130086256D7A006DF851?OpenDocument&Highlight=st01292ny).

(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

[[Page 15873]]

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, except as provided by 
paragraph (h) 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 Manager, New York Aircraft Certification 
Office (ACO), ANE-170, 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, except as provided by 
paragraph (h) of this AD, 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.

    Note (1) to paragraph (g)(1) of this AD:  COMTEK Service 
Bulletin COMSB-25-52-001, Revision A, dated December 29, 2011, 
installs STC ST01292NY amended July 7, 2003 (http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1BB5140B1D3A130086256D7A006DF851?OpenDocument&Highlight=st01292ny), 
(which corresponds to TCCA STC SA01-19, Issue 2, dated December 21, 
2011 (http://www.regulations.gov/contentStreamer?objectId=0900006481216f85&disposition=attachment&contentType=pdf)) flammability-compliant cargo liner replacement panels.

    (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.

(h) Alternative Floor Panel

    Comtek Advanced Structures floor panels approved under STC 
ST00560NY, amended June 29, 2001 (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/78C85CD7FA9FAFA585256CC2006A74D0?OpenDocument&Highlight=st00560ny), 
are considered equivalent to the original equipment floor panels 
described in Bombardier Service Bulletin 601R-25-187, Revision A, 
dated September 1, 2011, and may be used in lieu of the floor panels 
described in Bombardier Service Bulletin 601R-25-187, Revision A, 
dated September 1, 2011.

(i) 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, which is not incorporated by 
reference in this AD.

(j) Parts Installation Prohibition

    (1) For airplane S/Ns 7003 through 7857 inclusive: After 
completing the actions required by paragraph (g) of this AD, no 
person may install a cargo compartment liner, identified as ``Pre-SB 
Part Number'' in paragraph 1.M. of the applicable Bombardier service 
bulletins identified in paragraphs (g)(1) through (g)(3) of this AD; 
``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.
    (2) For airplane S/Ns 7858 and subsequent: 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; ``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.

(k) 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.

(l) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2012-11, 
dated March 23, 2012, and the service information identified in 
paragraphs (l)(1)(i) through (l)(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. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (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.
    (3) 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.
    (4) For COMTEK service information identified in this AD, 
contact Comtek Advanced Structures, 1360 Artisans Court, Burlington, 
Ontario, Canada, L7L 5Y2; telephone 905-331-8121; fax 905-331-8125; 
Internet http://www.comtekadvanced.com.
    (5) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (6) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://

[[Page 15874]]

www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 7, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-04634 Filed 3-12-13; 8:45 am]
BILLING CODE 4910-13-P