[Federal Register Volume 69, Number 208 (Thursday, October 28, 2004)]
[Rules and Regulations]
[Pages 62807-62809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24028]



[[Page 62807]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-158-AD; Amendment 39-13836; AD 2004-22-08]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Bombardier Model CL-600-2B19 (Regional Jet Series 100 
& 440) airplanes, that requires repetitive inspections of the check 
valves and air supply ducts of the rear bulkhead for damage, and 
related corrective actions. This amendment also would require eventual 
rework or replacement of the air supply ducts, which would terminate 
the repetitive inspections for the air supply ducts only. This action 
is necessary to prevent disconnection of an air supply duct, which, if 
combined with failure of a bulkhead check valve, could result in rapid 
depressurization of the airplane. This action is intended to address 
the identified unsafe condition.

DATES: Effective December 2, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 2, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 
6087, Station Centreville, Montreal, Quebec H3C 3G9, Canada. This 
information may be examined at the Federal Aviation Administration 
(FAA), New York Aircraft Certification Office, 1600 Stewart Avenue, 
suite 410, Westbury, New York; or at the FAA, Transport Airplane 
Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; 
or 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://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Dan Parillo, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Westbury, suite 410, New 
York 11590; telephone (516) 228-7305; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all Bombardier Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes was published in the Federal 
Register on June 2, 2004 (69 FR 31047). That action proposed to require 
repetitive inspections of the check valves and air supply ducts of the 
rear bulkhead for damage, and related corrective actions. That action 
also proposed to require eventual rework or replacement of the air 
supply ducts, which would terminate the repetitive inspections for the 
air supply ducts only.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Requests To Change Applicability

    One commenter does not fully agree with the applicability specified 
in the proposed AD, and asks that it be changed. The commenter states 
that, although all airplanes having bulkhead check valves with part 
number (P/N) 92E20-3/-4 should be inspected, the inspection of the air 
supply ducts required by paragraph (b)(2) of the proposed AD should not 
be for all airplanes. The commenter notes that the effectivity range 
for airplanes specified in Bombardier Alert Service Bulletin A601R-21-
053, Revision `A,' dated January 28, 2003 (Rework or Installation of 
New Air Supply Ducts), identifies serial numbers 7003 through 7067, and 
7069 through 7477. The commenter adds that airplanes having serial 
numbers 7478 and subsequent were modified before delivery by installing 
new air supply ducts, as specified in Service Bulletin A601R-21-053, 
Revision `A.' The commenter concludes that the difficulty with the 
applicability in this proposed AD comes from combining two service 
bulletins in one AD, when the effectivity specified in those service 
bulletins is different. The commenter includes two suggestions for 
changing the applicability section in the proposed AD:
    1. All Bombardier Model CL-600-2B19 airplanes pre-mod 601R-21-053, 
Part B, Part C, or TC601R15375 (air supply duct inspection); or
    2. All Bombardier Model CL-600-2B19 airplanes fitted with check 
valves having P/N 92E20-3/-4 (check valve inspection).
    A second commenter also asks that the applicability be changed and 
states that the inspections and any necessary rework or replacement of 
the air supply ducts be limited to airplanes listed in Service Bulletin 
A601R-21-053, Revision `A,' as specified above. The commenter notes 
that this modification will be incorporated before delivery on 
airplanes having serial numbers 7478 and subsequent. The commenter 
operates airplanes having serial numbers 7482 and 7483 which were 
previously modified. The commenter asks that the final rule contain an 
effectivity range as listed in Service Bulletin A601R-21-053, Revision 
`A,' with regard to the inspection of the air supply ducts and the 
terminating action paragraph.
    A third commenter asks that the applicability be changed as well, 
for similar reasons as the other two commenters. The commenter also 
asks that the applicability be split into two sections, one for the 
bulkhead check valve and the other for the air supply ducts, which 
specify the aircraft effectivity for each inspection. The commenter 
proposes that the FAA take a similar approach to the applicability of 
the subject AD. The commenter states that if the applicability is not 
split as suggested, it may result in an initial inspection of air 
supply ducts on aircraft having serial numbers 7478 and higher, on 
which the newly designed air supply duct is installed.
    We agree in part with the commenters' requests.
    We agree that the applicability specified in this AD needs some 
clarification. Therefore, we have identified the airplanes subject to 
the actions specified in paragraphs (b)(1) and (b)(2) within those 
paragraphs, in order to clarify which airplanes are affected by which 
actions.
    We do not agree to ``split'' the applicability into two sections, 
as this would be confusing to operators. Additionally, we do not agree 
to add the part numbers for affected bulkhead check valves to the 
applicability section because airplanes having both the bulkhead valves 
and the air supply ducts are affected by this AD. We have made no 
change to the AD in this regard.

Request To Reference Revised Service Information/Maintenance Manual

    One commenter states that Bombardier Alert Service Bulletin A601R-
21-054, dated November 8, 2001 (which is referenced in the proposed AD 
as an appropriate source of service information for accomplishment of 
the inspection of the

[[Page 62808]]

bulkhead check valves), has been revised as of June 30, 2004 (Revision 
`A'). The commenter adds that the inspection of the bulkhead check 
valves was removed in Revision `A,' and was added to the Maintenance 
Review Board Report, Part 1, Maintenance Requirements Manual (MRM) 
under Task Number 21-51-21-07. The commenter also adds that the 
repetitive inspection interval is a `C' check (4,000 flight hours), 
which is consistent with the referenced Canadian airworthiness 
directive. The commenter notes that Transport Canada Civil Aviation 
(TCCA), which is the airworthiness authority for Canada, has mandated 
the incorporation of this inspection into the MRM in lieu of mandating 
the repetitive inspections specified in the referenced service 
bulletin. The commenter recommends that the FAA follow TCCAs approach 
and mandate the repetitive inspections provided in the MRM. The 
commenter suggests that Revision `A' of the service bulletin, as well 
as MRM Task Number 21-51-21-07, be referenced for accomplishment of the 
inspections of the bulkhead check valves specified in the proposed AD.
    Another commenter asks that MRM Task Number 21-51-21-07 be added, 
as an option to using the referenced service bulletin, for 
accomplishment of the inspections of the bulkhead check valves 
specified in the proposed AD. The commenter states that it has not 
accomplished any inspections in accordance with Service Bulletin A601R-
21-054, since a similar inspection already exists within its inspection 
program. Due to the commenter's fleet size, it would have to request an 
Alternative Method of Compliance (AMOC) to get credit for inspections 
accomplished in accordance with MRM Task Number 21-51-21-07, in order 
to meet the requirements specified in paragraph (b)(1) of the proposed 
AD. The commenter states that although the MRM inspection is not 
identical to the inspection specified in the proposed AD, the intent of 
the inspection is met, and is more thorough because the check valves 
are removed before the inspection is accomplished.
    We do not agree with the commenters' requests. Although Part 1 of 
the MRM is accepted by the FAA, it is not approved, as is Part 2 of the 
Airworthiness Limitations section. We cannot control revisions of the 
MRM; therefore, a task could be changed or deleted, and the AD 
requirements would be modified without our approval. Operators may 
request an AMOC which would allow the use of a particular task card for 
accomplishing certain actions required by the AD. However, the AMOC 
would only be approved for the revision submitted, and any subsequent 
revisions would require a new AMOC request so we could establish that 
the AD requirements were not changed or deleted. We have made no change 
to the AD in this regard.

Request To Clarify Certain Sections in the Preamble

    One commenter asks that the last sentence in the Discussion section 
of the proposed AD be rephrased, for clarification, to state ``If the 
bonding loses shear strength it could result in duct disconnection. 
Disconnection of an air supply duct in the unpressurized aft equipment 
bay, combined with a dormant failed bulkhead check valve, could result 
in rapid depressurization of the airplane.''
    The same commenter asks that the wording in the third paragraph of 
the Explanation of Relevant Service Information section be changed, for 
clarification, to state ``It should be noted that terminating action 
for this repetitive inspection of the bulkhead check valve would only 
be available once a redesigned check valve is developed and certified 
for installation on the aircraft.''
    We acknowledge and agree with the commenter's concerns; however, 
since those sections of the preamble are not restated in the final 
rule, no change to the AD is necessary to address the issues raised by 
the commenter.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the changes described previously. 
These changes will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Cost Impact

    We estimate that 280 airplanes of U.S. registry will be affected by 
this AD.
    It will take about 2 work hours per airplane to accomplish the 
inspection of the check valves, at an average labor rate of $65 per 
work hour. Based on these figures, the cost impact of the inspection of 
the check valves on U.S. operators is estimated to be $36,400, or $130 
per airplane, per inspection cycle.
    It will take about 4 work hours per airplane to accomplish the 
inspection of the air supply ducts, at an average labor rate of $65 per 
work hour. Based on these figures, the cost impact of the inspection of 
the air supply ducts on U.S. operators is estimated to be $260 per 
airplane, per inspection cycle.
    It will take about 4 work hours per airplane to accomplish the 
replacement of the check valves, at an average labor rate of $65 per 
work hour. Required parts are free of charge. Based on these figures, 
the cost impact of the replacement of the check valves on U.S. 
operators is estimated to be $72,800, or $260 per airplane.
    It will take about 3 work hours per airplane to accomplish the 
rework of the air supply ducts, at an average labor rate of $65 per 
work hour. Required parts are free of charge. Based on these figures, 
the cost impact of the rework of the air supply ducts on U.S. operators 
is estimated to be $54,600, or $195 per airplane.
    It will take about 2 work hours per airplane to accomplish the 
replacement of the air supply ducts, at an average labor rate of $65 
per work hour. Required parts are free of charge. Based on these 
figures, the cost impact of the replacement of the air supply ducts on 
U.S. operators is estimated to be $36,400, or $130 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy

[[Page 62809]]

of it may be obtained from the Rules Docket at the location provided 
under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-22-08 Bombardier, Inc. (Formerly Canadair): Amendment 39-13836. 
Docket 2003-NM-158-AD.

    Applicability: All Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent disconnection of an air supply duct, which, if 
combined with failure of a bulkhead check valve, could result in 
rapid depressurization of the airplane, accomplish the following:

Service Information References

    (a) Paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) of this AD 
pertain to the service information referenced in this AD.
    (1) The term service bulletin, as used in this AD, means the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A601R-21-053, Revision `A,' dated January 28, 2003; and Bombardier 
Alert Service Bulletin A601R-21-054, dated November 8, 2001; as 
applicable.
    (2) Although the service bulletins referenced in this AD specify 
to submit certain information to the manufacturer, this AD does not 
include such a requirement.
    (3) Bombardier Alert Service Bulletin A601R-21-054, dated 
November 8, 2001, recommends sending all damaged check valves to the 
manufacturer for analysis; however, this AD does not include that 
requirement.
    (4) Accomplishment of the actions specified in Bombardier Alert 
Service Bulletin A601R-21-053, dated November 8, 2001, before the 
effective date of this AD is considered acceptable for compliance 
with the applicable actions specified in this AD.

Repetitive Inspections/Related Corrective Actions

    (b) Within 500 flight hours after the effective date of this AD: 
Do the detailed inspections and related corrective actions required 
by paragraphs (b)(1) and (b)(2) of this AD, per the applicable 
service bulletin.
    (1) For airplanes having bulkhead check valves with part number 
(P/N) 92E20-3/-4, as identified in Bombardier Alert Service Bulletin 
A601R-21-054, dated November 8, 2001: Inspect the left- and right-
hand bulkhead check valves for damage (cracking, breakage). If any 
damage is found, before further flight, replace the damaged valve. 
Repeat the inspection at intervals not to exceed 4,000 flight hours.
    (2) For airplanes having serial numbers 7003 through 7067 
inclusive, and 7069 through 7477 inclusive: Inspect the left- and 
right-hand air supply ducts of the rear bulkhead for damage 
(tearing, delamination, or cracking). If any damage is found, before 
further flight, either rework or replace the damaged air supply 
duct, which ends the inspections for that air supply duct only. If 
no damage is found, repeat the inspection thereafter at intervals 
not to exceed 500 flight hours until accomplishment of paragraph (c) 
of this AD.

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

Terminating Action for Repetitive Inspections of Air Supply Ducts

    (c) Except as required by paragraph (b)(2) of this AD, for 
airplanes having serial numbers 7003 through 7067 inclusive, and 
7069 through 7477 inclusive: Within 5,000 flight hours after the 
effective date of this AD, either rework or replace the left- and 
right-hand air ducts, as applicable, per the applicable service 
bulletin. Accomplishment of this paragraph ends the repetitive 
inspections required by paragraph (b)(2) of this AD.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, New York 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance for this AD.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Bombardier Alert Service Bulletin A601R-21-
053, Revision `A,' dated January 28, 2003; and Bombardier Alert 
Service Bulletin A601R-21-054, dated November 8, 2001; as 
applicable. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from Bombardier, Inc., 
Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, 
Montreal, Quebec H3C 3G9, Canada. Copies may be inspected at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, New York Aircraft Certification Office, 
1600 Stewart Avenue, suite 410, Westbury, New York; or 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://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Note 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2003-05, dated February 4, 2003.

Effective Date

    (f) This amendment becomes effective on December 2, 2004.

    Issued in Renton, Washington, on October 18, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24028 Filed 10-27-04; 8:45 am]
BILLING CODE 4910-13-P