Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Rules and Regulations 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 

62808 Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Rules and Regulations 

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 

Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Rules and Regulations 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

■ 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

■ 1. The authority citation for part 39 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

■ 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 righthand 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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 61

[Docket No. FAA–2002–11666; Amendment 

No. 61–111] 

RIN 2120–AH76

Picture Identification Requirements

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; correction.

SUMMARY: This document corrects an 

amendment number in the final rule 

published in the Federal Register on 

October 28, 2002. That rule revised the 

pilot certificate regulations requiring a 

person to carry a photo identification 

acceptable to the FAA Administrator 

when exercising the privileges of a pilot 

certificate.

DATES: Effective Date: This correction is 

effective on October 28, 2004.

FOR FURTHER INFORMATION CONTACT: John 

D. Lynch, telephone (202) 267–3844. 

Correction 

In the final rule FR Doc. 02–27411 

published on October 28, 2002 (67 FR 

65858) make the following correction: 

1. On page 65858, in column 1, in the 

heading section of the rule , beginning 

on line 4 of the heading, correct 

‘‘Amendment No. 61–107’’ to read 

‘‘Amendment No. 61–111.’’