[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Rules and Regulations]
[Pages 7938-7940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3096]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1027; Directorate Identifier 2009-NM-143-AD; 
Amendment 39-16197; AD 2010-04-04]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model 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:

    There have been several in-service cases reported of impact 
damage to the blowout (decompression) panel protective cage 
assemblies installed in the aft baggage cargo compartment. When 
damaged, these cages could prevent proper operation of the blowout 
panels, with potential degradation of smoke detection and fire 
extinguishing capabilities in the event of a fire.

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

DATES: This AD becomes effective March 30, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 30, 
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 November 5, 2009 (74 
FR 57264). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    There have been several in-service cases reported of impact 
damage to the blowout (decompression) panel protective cage 
assemblies installed in the aft baggage cargo compartment. When 
damaged, these cages could prevent proper operation of the blowout 
panels, with potential degradation of smoke detection and fire 
extinguishing capabilities in the event of a fire.
    This directive mandates replacement of the existing cages with 
new cages that have greater damage resistance.

    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 received no comments on the NPRM or on the determination of 
the cost to the public.

Explanation of Changes Made to This AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Conclusion

    We reviewed the available data, and determined that air safety and 
the public interest require adopting the AD

[[Page 7939]]

with the change described previously. We determined that this change 
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 361 products of U.S. registry. 
We also estimate that it will take about 2 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 $1,263 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 $517,313, or $1,433 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:

2010-04-04 Bombardier, Inc.: Amendment 39-16197. Docket No. FAA-
2009-1027; Directorate Identifier 2009-NM-143-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
30, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD; certificated in any category.
    (1) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 
701, & 702) airplanes, serial numbers 10003 through 10268, 
inclusive.
    (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705) 
airplanes; and Bombardier, Inc. Model CL-600-2D24 (Regional Jet 
Series 900) airplanes; serial numbers 15001 through 15205, 
inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 25: 
Equipment/Furnishings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    There have been several in-service cases reported of impact 
damage to the blowout (decompression) panel protective cage 
assemblies installed in the aft baggage cargo compartment. When 
damaged, these cages could prevent proper operation of the blowout 
panels, with potential degradation of smoke detection and fire 
extinguishing capabilities in the event of a fire.
    This directive mandates replacement of the existing cages with 
new cages that have greater damage resistance.

Actions and Compliance

    (f) Unless already done, within 5,000 flight hours after the 
effective date of this AD, replace the existing cage assemblies in 
the aft baggage cargo compartment, in accordance with Bombardier 
Service Bulletin 670BA-25-071, dated May 15, 2009.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, 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 Aircraft Certification 
Office, 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

[[Page 7940]]

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

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2009-30, 
dated July 6, 2009; and Bombardier Service Bulletin 670BA-25-071, 
dated May 15, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 670BA-25-071, dated 
May 15, 2009, to do the actions required by this AD, unless the AD 
specifies otherwise.
    (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#3f4b575b115c4d557f5e5a4d50115d50525d5e4d5b565a4d115c5052"><span class="__cf_email__" data-cfemail="4a3e222e642938200a2b2f382564282527282b382e232f3864292527">[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 or 425-227-1152.
    (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 February 4, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3096 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-13-P


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