[Federal Register: January 30, 2003 (Volume 68, Number 20)]
[Proposed Rules]
[Page 4737-4739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja03-19]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-112-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model CL-600-2B19 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Bombardier Model CL-600-
2B19 series airplanes. This proposal would require a one-time general
visual inspection of the dust covers for the flight data recorder (FDR)
and cockpit voice recorder (CVR) equipment for the presence of markings
that indicate the presence of a chemical-resistant coating, and
corrective actions if necessary. This action is necessary to prevent
stripping of the paint and markings from the dust covers for FDR and
CVR equipment due to hydraulic mist from the actuators, which could
result in the inability to identify FDR and CVR equipment in the event
of an accident-recovery mission. The lack of data from FDR and CVR
equipment could hamper discovery of the unsafe condition that caused an
accident or an incident and prevent the FAA from developing and
mandating actions to prevent additional accidents or incidents caused
by that same unsafe condition. This action is intended to address the
identified unsafe condition.
DATES: Comments must be received by March 3, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-112-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-112-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Bombardier, Inc., Canadair, Aerospace Group, P.O. Box
6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada. This
information may be examined at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, New York
Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley
Stream, New York.
FOR FURTHER INFORMATION CONTACT: Luciano L. Castracane, Aerospace
Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York
Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley
Stream, New York 11581; telephone (516) 256-7535; fax (516) 568-2716.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-112-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-112-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
Transport Canada Civil Aviation (TCCA), which is the airworthiness
authority for Canada, notified the FAA that an unsafe condition may
exist on certain Bombardier Model CL-600-2B19 series airplanes. TCCA
advises that the environment within the aft equipment compartment has
proven conducive to stripping the orange paint and markings from the
dust covers for the flight data recorder (FDR) and cockpit voice
recorder (CVR) equipment. Reports indicate that such stripping of the
FDR and CVR dust covers are due to hydraulic mist from the actuators.
Additional information indicates that engine oil spills could also be a
factor. A protective coating applied to the dust covers will prevent
stripping of the paint and markings from the FDR and CVR dust covers.
Such stripping, if not corrected, could result in the inability to
identify the FDR and CVR equipment in the event of an accident-recovery
mission. Identification of the FDR and CVR equipment is essential in
order to recover the information necessary for evaluating the specific
and related causes of an accident so that such occurrences can be
prevented in the future.
FAA's Determination of Unsafe Condition
This action is necessary to prevent the loss of data recorded on
the FDR and CVR equipment. The FAA uses the data collected on the FDR
and CVR to analyze events leading up to and during airplane accidents
in an effort to identify the cause of the accident. Based on FDR and
CVR data, we can develop and mandate certain actions to prevent
additional accidents. Although the loss of FDR and CVR data does not
directly affect the safety of the airplane, the installation of dust
covers per this
[[Page 4738]]
proposed AD will prevent stripping of the paint and markings from the
dust covers for the FDR and CVR that could make it difficult or
impossible to identify, recover, and analyze data from the recorder.
The lack of data would make it difficult for us to then take
appropriate corrective actions to prevent similar accidents in the
future. Therefore, we have determined that the proposed action is
necessary.
It should be noted that the purpose of this proposed action is not
to enhance the safety of Bombardier Model CL-600-2B19 series airplanes,
but rather to restore the level of safety provided by the FDR and CVR
equipment that have been treated with a protective coating to ensure
identification of such equipment. Therefore, this proposed AD is the
appropriate regulatory vehicle to achieve this purpose.
Explanation of Relevant Service Information
Bombardier has issued two service bulletins, both dated October 12,
2001, which are described as follows:
[sbull] Canadair Regional Jet Service Bulletin 601R-31-026,
including the Service Bulletin Comment Sheet--Facsimile Reply Sheet and
the CRJ 100/200 Service Bulletin Compliance Facsimile Reply Sheet,
describes procedures for a general visual inspection of the FDR dust
cover for the presence of markings that indicate the presence of a
chemical-resistant coating, and corrective actions if necessary.
Corrective actions include either reworking the FDR dust cover, or
replacing the dust cover with a new dust cover.
[sbull] Canadair Regional Jet Service Bulletin 601R-23-056,
including the Service Bulletin Comment Sheet--Facsimile Reply Sheet and
the CRJ 100/200 Service Bulletin Compliance Facsimile Reply Sheet,
describes procedures for a general visual inspection of the CVR dust
cover for the presence of markings that indicate the presence of a
chemical-resistant coating, and corrective actions if necessary.
Corrective actions include either reworking the CVR dust cover, or
replacing the dust cover with a new dust cover.
Accomplishment of the actions specified in the service bulletins is
intended to adequately address the identified unsafe condition. TCCA
classified these service bulletins as mandatory and issued Canadian
airworthiness directive CF-2001-45, dated December 3, 2001, in order to
assure the continued airworthiness of these airplanes in Canada.
FAA's Conclusions
This airplane model is manufactured in Canada and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, TCCA has kept the FAA informed of
the situation described above. The FAA has examined the findings of
TCCA, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletins described previously,
except as discussed below.
Difference Between Service Bulletins and Proposed Rule
Operators should note that the Accomplishment Instructions of the
referenced service bulletins describe procedures for completing the
Comment Sheet--Facsimile Reply Sheet, and CRJ 100/200 Service Bulletin
Compliance Facsimile Reply Sheet. However, this proposed AD would not
require such action.
Cost Impact
There are approximately 570 Model CL-600-2B19 series airplanes of
the affected design in the worldwide fleet. The FAA estimates that 220
airplanes of U.S. registry would be affected by this proposed AD.
It would take approximately 1 work hour per airplane to accomplish
the proposed inspection at an average labor rate of $60 per work hour.
Based on these figures, the cost impact of the proposed AD on U.S.
operators is estimated to be $132,000, or $60 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this AD were not adopted. However, for affected airplanes
within the period under the warranty agreement, the FAA has been
advised that manufacturer has committed previously to its customers
that it will bear the cost of replacement parts. 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 proposed herein would 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 proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
regulation (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) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Bombardier, Inc. (Formerly Canadair): Docket 2002-NM-112-AD.
Applicability: Model CL-600-2B19 airplanes, serial numbers 7003
through 7573 inclusive, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
[[Page 4739]]
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent peeling of the paint and markings from the dust
covers for the flight data recorder (FDR) and cockpit voice recorder
(CVR) equipment due to hydraulic mist from the actuators, which
could result in the inability to identify the FDR and CVR equipment
in the event of an accident-recovery mission, accomplish the
following:
One-Time Inspection and Corrective Actions
(a) For airplanes having serial numbers 7003 through 7067
inclusive, and 7069 through 7570 inclusive: Within 18 months after
the effective date of this AD, do a general visual inspection of the
dust cover for the FDR to determine if a chemical agent resistant
coating has been applied to the dust cover. Dust covers that have
had a protective coating applied are identified through the markings
specified in the service bulletin. Do the inspection per Part A of
the Accomplishment Instructions of Canadair Regional Jet Service
Bulletin 601R-31-026, dated October 12, 2001; excluding the Service
Bulletin Comment Sheet--Facsimile Reply Sheet and the CRJ 100/200
Service Bulletin Compliance Facsimile Reply Sheet.
(1) If specified markings are present, no further action is
required by this paragraph.
(2) If specified markings are not present, before further
flight, do the action required by either paragraph (a)(2)(i) or
(a)(2)(ii) of this AD:
(i) Rework the FDR dust cover per Part B of the Accomplishment
Instructions of the service bulletin; or
(ii) Replace the FDR dust cover with a new dust cover per Part C
of the Accomplishment Instructions of the service bulletin.
Note 2: For the purposes of this AD, a general visual inspection
is defined as: ``A visual examination of an interior or exterior
area, installation, or assembly to detect obvious damage, failure,
or irregularity. This level of inspection is made from within
touching distance unless otherwise specified. A mirror may be
necessary to enhance visual access to all exposed surfaces in the
inspection area. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or droplight and may require removal or opening of
access panels or doors. Stands, ladders, or platforms may be
required to gain proximity to the area being checked.''
(b) For airplanes having serial numbers 7003 through 7067
inclusive, and 7069 through 7573 inclusive: Within 18 months after
the effective date of this AD, do a general visual inspection of the
CVR dust cover to determine if a chemical agent resistant coating
has been applied to the dust cover. Dust covers that have had a
protective coating applied are identified through the markings
specified in the service bulletin. Do the inspection per Part A of
the Accomplishment Instructions of Bombardier Canadair Regional Jet
Service Bulletin 601R-23-056, dated October 12, 2001; excluding
Comment Sheet--Facsimile Reply Sheet, and CRJ 100/200 Service
Bulletin Compliance Facsimile Reply Sheet.
(1) If specified markings are present, no further action is
required by this paragraph.
(2) If specified markings are not present, before further
flight, do the action required by either paragraph (b)(2)(i) or
(b)(2)(ii) of this AD:
(i) Rework the CVR dust cover per Part B of the Accomplishment
Instructions of the service bulletin; or
(ii) Replace the CVR dust cover with a new dust cover per Part C
of the Accomplishment Instructions of the service bulletin.
Parts Installation
(c) As of the effective date of this AD, no person shall install
an FDR dust cover, part number (P/N) 074E0198-00; or a CVR dust
cover, P/N 075E0604-00 or 9300A218S; unless the rework action
required by paragraphs (a)(2)(i) and (b)(2)(i) of this AD, as
applicable, has been done.
Alternative Methods of Compliance
(d) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, New York Aircraft Certification
Office (ACO), FAA. Operators shall submit their requests through an
appropriate FAA Principal Maintenance Inspector, who may add
comments and then send it to the Manager, New York ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the New York ACO.
Special Flight Permits
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Note 4: The subject of this AD is addressed in Canadian
airworthiness directive CF-2001-45, dated December 3, 2001.
Issued in Renton, Washington, on January 23, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification Service
[FR Doc. 03-2098 Filed 1-29-03; 8:45 am]
BILLING CODE 4910-13-P