[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Rules and Regulations]
[Pages 70109-70111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28175]



[[Page 70109]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0223; Directorate Identifier 2009-NM-105-AD; 
Amendment 39-16503; AD 2010-23-14]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440), CL-600-2C10 (Regional Jet Series 700, 
701 & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 
(Regional Jet Series 900) 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 the 
products listed above. This 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:

    Several cases of corrosion in lower structural members of the 
passenger door have been reported. It was subsequently determined 
that a drainage ramp (constructed from resin) had deteriorated with 
time and was retaining moisture. * * * Corrosion left undetected 
could eventually affect the structural integrity of the door and 
surrounding structure.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective December 22, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 22, 
2010.

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: Craig Yates, 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) 228-7355; 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 March 15, 2010 (75 
FR 12152). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Several cases of corrosion in lower structural members of the 
passenger door have been reported. It was subsequently determined 
that a drainage ramp (constructed from resin) had deteriorated with 
time and was retaining moisture. The ramp, therefore, requires 
removal, both to prevent further corrosion and to allow full access 
to the door structure during future scheduled inspections. Corrosion 
left undetected could eventually affect the structural integrity of 
the door and surrounding structure.

The required actions include a general visual inspection for corrosion 
and damage of the lower inner section of the door, repair if necessary, 
and application of corrosion inhibitor compound. You may obtain further 
information by examining the MCAI in the AD docket.

    Since the NPRM was issued, we received Bombardier Modification 
Summary Packages IS601R52110030, Revision B, dated May 28, 2010; and 
IS67052110074, Revision D, dated June 2, 2010. The revised modification 
summaries provide instructions for optional access to ease removal of 
the drainage ramp, which includes an option to install the appropriate-
sized rivets. Those revised modification summaries have been referenced 
in this AD. We have revised Table 2 of this AD to give credit for doing 
the actions before the effective date of this AD in accordance with 
Bombardier Modification Summary Package IS601R52110030, Revision A1, 
dated April 24, 2009; and Bombardier Modification Summary Package 
IS67052110074, Revision A1, dated April 24, 2009.

Comments

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

Request To Include Provisions for Oversized Rivets and Repairs for 
Inner Skin When Required

    American Eagle Airlines requested that the proposed AD include an 
option to install oversized rivets and/or repair the inner skin when 
required. American Eagle Airlines stated that if certain rivets must be 
installed per specific drawings, and the next nominal fastener is 
required, alternative method of compliances (AMOC) must be obtained, 
which will increase the number of AMOCs and decrease efficiency when 
accomplishing this modification.
    We agree with the commenter's request. As stated previously, we 
have revised this AD to refer to Bombardier Modification Summary 
Package IS601R52110030, Revision B, dated May 28, 2010; and Bombardier 
Modification Summary Package IS67052110074, Revision D, dated June 2, 
2010. These modification summaries were issued to ensure that the 
appropriate information concerning the option requested by the 
commenter is addressed.

Request That Cost of Compliance Be Amended To Reflect True Cost of 
Labor

    Air Wisconsin Airlines requested that the cost of compliance be 
amended to more truly reflect the amount of labor and costs to the 
airlines. Air Wisconsin Airlines stated that this modification has been 
accomplished on 20 airplanes and the modifications have taken between 
100 and 140 work-hours to accomplish.
    We agree that the cost of compliance should be changed to reflect 
the actual cost of the modification. We have considered the data 
presented by the commenter and the manufacturer, and agree that the 
number of work hours required is higher than our previous estimate. The 
cost analysis in AD rulemaking actions, typically does not include 
incidental costs such as the time required to gain access and close up, 
time necessary for planning, or time necessitated by other 
administrative actions. Those incidental costs, which might vary 
significantly among operators, are almost impossible to calculate. The 
manufacturer states that the average work-hours required for each 
airplane for the modification is 80. We have revised the work-hour 
estimate to 80. The costs have been changed accordingly.

Request To Remove Certain Wording From Paragraph (g)(3) of the NPRM

    Mesaba Airlines requested that the wording ``Remove the lower 
passenger door ramp'' be removed from paragraph (g)(3) of the NPRM. 
Mesaba Airlines stated that paragraph (g)(1) of the NPRM requires 
removing the lower passenger door ramp, and stating it again in 
paragraph (g)(3) may cause confusion.
    We agree that the wording in question should be removed from 
paragraph (g)(3) of this AD. Since the door ramp is already removed 
when accomplishing the tasks in paragraph (g)(3) of this AD, it is 
unnecessary to repeat the phrase. Paragraph (g)(3) of this AD has been 
revised accordingly.

[[Page 70110]]

Clarification of Wording in Paragraph (g)(3) of This AD

    For clarity, we have removed the sentence ``Applying corrosion 
inhibiter compound is a terminating action for the requirements of this 
AD'' from paragraph (g)(3) of this AD. As specified in paragraph (g) of 
this AD, the actions in all of the subparagraphs of paragraph (g) of 
this AD (i.e., paragraphs (g)(1), (g)(2), and (g)(3)) must be done.

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. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the 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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 1,072 products of U.S. 
registry. We also estimate that it will take 80 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 $0 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 $7,289,600, or $6,800 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 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); 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 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, 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

0
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:

2010-23-14 Bombardier, Inc: Amendment 39-16503. Docket No. FAA-2010-
0223; Directorate Identifier 2009-NM-105-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
22, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Bombardier, Inc. airplanes identified 
in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in 
any category.
    (1) Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, 
serial numbers 7003 through 8089 inclusive;
    (2) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) 
airplanes, serial numbers 10003 through 10265 inclusive; and
    (3) Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24 
(Regional Jet Series 900) airplanes, serial numbers 15001 through 
15173 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 52: Doors.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Several cases of corrosion in lower structural members of the 
passenger door have been reported. It was subsequently determined 
that a drainage ramp (constructed from resin) had deteriorated with 
time and was retaining moisture. The ramp, therefore, requires 
removal, both to prevent further corrosion and to allow full access 
to the door structure during future scheduled inspections. Corrosion 
left undetected could eventually affect the structural integrity of 
the door and surrounding structure.

The required actions include a general visual inspection for 
corrosion and damage of the lower inner section of the door, repair 
if necessary, and application of corrosion inhibitor compound.

Compliance

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

Actions

    (g) Before the accumulation of 15,000 total flight hours, or 
within 5,000 flight hours after the effective date of this AD, 
whichever occurs later, do the actions specified in paragraphs 
(g)(1), (g)(2), and (g)(3) of this AD.
    (1) Remove the lower passenger door ramp, in accordance with the 
applicable

[[Page 70111]]

Bombardier modification summary package specified in Table 1 of this 
AD.
    (2) Do a general visual inspection for any damage and corrosion 
behind the drainage ramp in the lower portion of the passenger door. 
If any damage or corrosion is found, before further flight repair in 
accordance with a method approved by the Manager, New York Aircraft 
Certification Office, FAA; or Transport Canada Civil Aviation (TCCA) 
(or its delegated agent).
    (3) Apply corrosion inhibitor compound, in accordance with the 
applicable Bombardier modification summary package specified in 
Table 1 of this AD.

                                          Table 1--Service Information
----------------------------------------------------------------------------------------------------------------
                                       Bombardier service
       Applicable airplanes               information               Revision                    Date
----------------------------------------------------------------------------------------------------------------
Model CL-600-2B19 airplanes......  Bombardier Modification    B...................  May 28, 2010.
                                    Summary Package
                                    IS601R52110030.
Model CL-600-2C10, CL-600-2D15,    Bombardier Modification    D...................  June 2, 2010.
 and CL-600-2D24 airplanes.         Summary Package
                                    IS67052110074.
----------------------------------------------------------------------------------------------------------------

     (4) Inspections and modifications accomplished before the 
effective date of this AD according to the applicable Bombardier 
modification summary package listed in Table 2 of this AD, are 
considered acceptable for compliance with the corresponding 
inspection or modification specified in this AD.

                                       Table 2--Credit Service Information
----------------------------------------------------------------------------------------------------------------
                                       Bombardier service
       Applicable airplanes               information               Revision                    Date
----------------------------------------------------------------------------------------------------------------
Model CL-600-2B19 airplanes......  Bombardier Modification    A...................  July 5, 2006.
                                    Summary Package
                                    IS601R52110030.
Model CL-600-2B19 airplanes......  Bombardier Modification    A1..................  April 24, 2009.
                                    Summary Package
                                    IS601R52110030.
Model CL-600-2C10, CL-600-2D15,    Bombardier Modification    A...................  July 5, 2006.
 and CL-600-2D24 airplanes.         Summary Package
                                    IS67052110074.
Model CL-600-2C10, CL-600-2D15,    Bombardier Modification    A1..................  April 24, 2009.
 and CL-600-2D24 airplanes.         Summary Package
                                    IS67052110074.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: The MCAI does not require an inspection or application 
of a corrosion inhibitor compound. This AD requires both actions.

Other FAA AD Provisions

    (h) 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. Send information 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 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.
    (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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2009-23, 
dated May 19, 2009, and the Bombardier modification summary packages 
listed in Table 1 of this AD, for related information.

Material Incorporated by Reference

    (j) You must use Bombardier Modification Summary Package 
IS601R52110030, Revision B, dated May 28, 2010; and Bombardier 
Modification Summary Package IS67052110074, Revision D, dated June 
2, 2010; as applicable; to do the actions required by this AD, 
unless the AD specifies otherwise. (The revision date of these 
modification summary packages is located only on sheet 2 of the 
documents; no other page of the documents contains this 
information.)
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For 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; e-mail <a href="/cdn-cgi/l/email-protection#0a7e626e246978604a6b6f786524686567686b786e636f7824696567"><span class="__cf_email__" data-cfemail="91e5f9f5bff2e3fbd1f0f4e3febff3fefcf3f0e3f5f8f4e3bff2fefc">[email protected]</span></a>; Internet http://www.bombardier.com.
    (3) You may review copies of the 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.
    (4) You may also review copies of the 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://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 23, 2010.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-28175 Filed 11-16-10; 8:45 am]
BILLING CODE 4910-13-P


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