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[Federal Register: April 29, 2010 (Volume 75, Number 82)]
[Rules and Regulations]               
[Page 22521-22524]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap10-9]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0525; Directorate Identifier 2009-NM-027-AD; 
Amendment 39-16275; AD 2010-09-10]
RIN 2120-AA64

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

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

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for the products listed above. This AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of

[[Page 22522]]

another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    AD CF-2002-12 [which corresponds to FAA AD 2003-04-21, amendment 
39-13070] mandated installation of revised overwing emergency exit 
placards showing that the exit door should be opened and disposed 
from a seated position. However, it was later discovered that the 
new placards illustrated an incorrect hand position for removal of 
the exit upper handle cover. These incorrect instructions could 
cause difficulty or delay when opening the overwing emergency exit.

As a result, the timely and safe evacuation of passengers and crew may 
be impeded. We are issuing this AD to require actions to correct the 
unsafe condition on these products.

DATES: This AD becomes effective June 3, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 3, 
2010.
    On April 4, 2003 (68 FR 9509, February 28, 2003), the Director of 
the Federal Register approved the incorporation by reference of a 
certain other publication listed in this AD.

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: Christopher Alfano, 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) 228-7340; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (NPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That supplemental NPRM was published in the Federal Register 
on December 23, 2009 (74 FR 68198), and proposed to supersede AD 2003-
04-21, Amendment 39-13070 (68 FR 9509, February 28, 2003). That 
supplemental NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    AD CF-2002-12 [which corresponds to FAA AD 2003-04-21] mandated 
installation of revised overwing emergency exit placards showing 
that the exit door should be opened and disposed from a seated 
position. However, it was later discovered that the new placards 
illustrated an incorrect hand position for removal of the exit upper 
handle cover. These incorrect instructions could cause difficulty or 
delay when opening the overwing emergency exit.

As a result, the timely and safe evacuation of passengers and crew may 
be impeded. The required actions include replacing the incorrect 
placards with revised placards. 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 comment received from the only commenter.

Request To Refer to Updated Service Information

    Air Wisconsin requests that we update the supplemental NPRM to 
refer to the most recent service information. Air Wisconsin notes that 
Bombardier Service Bulletin 601R-11-088, Revision A, dated March 24, 
2009, has been revised. Bombardier has issued Service Bulletin 601R-11-
088, Revision B, dated November 17, 2009.
    We agree to refer to the latest service information. We have 
determined that the actions specified in the revised service bulletin 
are essentially identical to the actions specified in Bombardier 
Service Bulletin 601R-11-088, Revision A, dated March 24, 2009. We have 
revised paragraphs (h) and (k) of this AD to refer to Bombardier 
Service Bulletin 601R-11-088, Revision B, dated November 17, 2009. We 
have revised paragraph (i) of this AD to also give credit for actions 
done in accordance with Bombardier Service Bulletin 601R-11-088, 
Revision A, dated March 24, 2009.

Explanation of Change 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.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We also 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.

Explanation of Change to Costs of Compliance

    After the supplemental NPRM was issued, we reviewed the figures we 
have used over the past several years to calculate AD costs to 
operators. To account for various inflationary costs in the airline 
industry, we find it necessary to increase the labor rate used in these 
calculations from $80 per work hour to $85 per work hour. The cost 
impact information, below, reflects this increase in the specified 
hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 664 products of U.S. registry. 
We also estimate that it will take about 1 work-hour 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 $128 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 $141,432, or $213 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

[[Page 22523]]

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 removing Amendment 39-13070 (68 FR 
9509, February 28, 2003) corrected at 68 FR 14309, March 25, 2003, and 
adding the following new AD:

2010-09-10 Bombardier, Inc.: Amendment 39-16275. Docket No. FAA-
2009-0525; Directorate Identifier 2009-NM-027-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 3, 
2010.

Affected ADs

    (b) This AD supersedes AD 2003-04-21 R1, Amendment 39-13070.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category, serial numbers 7003 and subsequent.

Subject

    (d) Air Transport Association (ATA) of America Code 11: Placards 
and markings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    AD CF-2002-12 [which corresponds to FAA AD 2003-04-21, amendment 
39-13070] mandated installation of revised overwing emergency exit 
placards showing that the exit door should be opened and disposed 
from a seated position. However, it was later discovered that the 
new placards illustrated an incorrect hand position for removal of 
the exit upper handle cover. These incorrect instructions could 
cause difficulty or delay when opening the overwing emergency exit.

As a result, the timely and safe evacuation of passengers and crew 
may be impeded. The required action includes replacing the incorrect 
placards with revised placards.

Restatement of Certain Requirements of AD 2003-04-21 R1

    (f) Unless already done, for airplanes identified in Table 1 of 
this AD, within 12 months after April 4, 2003 (the effective date of 
AD 2003-04-21 R1), replace the door weight placards, and no-baggage 
placards with new placards (including cleaning of the applicable 
surface), as applicable, per Bombardier Alert Service Bulletin 
A601R-11-077, Revision A, dated December 11, 2001, excluding Service 
Bulletin Comment Sheet--Facsimile Reply Sheet and CRJ 100/200 
Service Bulletin Compliance Facsimile Reply Sheet.

                          Table 1--Serial Nos.
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                               Serial Nos.
-------------------------------------------------------------------------
7003 through 7434 inclusive.
7436 through 7442 inclusive.
7444 through 7452 inclusive.
7454 through 7458 inclusive.
7460 through 7497 inclusive.
7499 through 7504 inclusive.
------------------------------------------------------------------------

     (g) Replacement accomplished before April 4, 2003, per 
Bombardier Alert Service Bulletin A601R-11-077, dated July 12, 2001, 
is considered acceptable for compliance with the replacement 
specified in paragraph (f) of this AD.

New Requirements of This AD

Actions and Compliance

    (h) Unless already done, within 24 months after the effective 
date of this AD, replace the existing overwing emergency exit 
placards with new placards in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-11-088, Revision B, 
dated November 17, 2009.
    (i) Replacing the overwing emergency exit placards with new 
placards before the effective date of this AD in accordance with 
Bombardier Service Bulletin 601R-11-088, dated June 25, 2008; or 
Revision A, dated March 24, 2009; is considered acceptable for 
compliance with the corresponding action specified in this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: The MCAI applicability includes certain airplanes. This 
AD expands the applicability to include serial numbers 7003 and 
subsequent.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, 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, ANE-170, 
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. AMOCs approved previously in 
accordance with AD 2003-04-21, Amendment 39-13070, are approved as 
AMOCs for the corresponding provisions of 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.

[[Page 22524]]

Related Information

    (k) Refer to MCAI Canadian Airworthiness Directive CF-2009-02, 
dated January 19, 2009; Bombardier Alert Service Bulletin A601R-11-
077, Revision A, dated December 11, 2001; and Bombardier Service 
Bulletin 601R-11-088, Revision B, dated November 17, 2009; for 
related information.

Material Incorporated by Reference

    (l) You must use Bombardier Service Bulletin 601R-11-088, 
Revision B, dated November 17, 2009; and Bombardier Alert Service 
Bulletin A601R-11-077, Revision A, dated December 11, 2001, 
excluding Service Bulletin Comment Sheet--Facsimile Reply Sheet and 
CRJ 100/200 Service Bulletin Facsimile Reply Sheet; as applicable; 
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 Bombardier Service Bulletin A601R-11-
088, Revision B, dated November 17, 2009, under 5 U.S.C. 552(a) and 
1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Bombardier Alert Service Bulletin 
A601R-11-077, Revision A, dated December 11, 2001, excluding Service 
Bulletin Comment Sheet--Facsimile Reply Sheet and CRJ 100/200 
Service Bulletin Compliance Facsimile Reply Sheet, on April 4, 2003 
(68 FR 9509, February 28, 2003).
    (3) 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 thd.crj@aero.bombardier.com; Internet http://www.bombardier.com.
    (4) 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.
    (5) 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 April 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-9594 Filed 4-28-10; 8:45 am]
BILLING CODE 4910-13-P
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