[Federal Register: January 9, 2004 (Volume 69, Number 6)]
[Rules and Regulations]
[Page 1513-1515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja04-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-112-AD; Amendment 39-13414; AD 2004-01-01]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 440) Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Bombardier Model CL-600-2B19 series airplanes
(Regional Jet Series 100 & 440), that requires a one-time 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. The actions specified by this AD are intended to prevent
peeling 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: Effective February 13, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 13, 2004.
ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, New York Aircraft Certification
Office (ACO), 10 Fifth Street, Third Floor, Valley Stream, New York; or
at the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Luciano L. Castracane, Aerospace
Engineer, Sytems and Flight Test Branch, ANE-172, FAA, New York ACO, 10
Fifth Street, Third Floor, Valley Stream, New York 11581; telephone
(516) 256-7535; fax (516) 568-2716.
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 certain Bombardier Model CL-600-
2B19 series airplanes was published in the Federal Register on January
30, 2003 (68 FR 4737). That action proposed to require a one-time
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.
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.
Request To Revise Compliance Time for Corrective Action
The proposed AD specified an inspection within 18 months after the
effective date of the AD, and rework or replacement of discrepant dust
covers before further flight. One commenter expresses concern for the
potential grounding of airplanes awaiting replacement parts and
requests that the proposed AD be revised to require replacement of
noncompliant dust covers within 6 months after discovery, but not later
than 18 months after the effective date of the AD. The commenter adds
that it would be impossible to schedule inspections for a relatively
large fleet of airplanes without having a supply of potentially
unnecessary spare dust covers on hand. The commenter suggests that
allowing replacement of the noncompliant covers within a specified
period of time after discovery would be a more reasonable approach from
a logistics and cost standpoint.
The FAA concurs with the request and agrees with the commenter's
rationale. Paragraphs (a)(2) and (b)(2) have been revised accordingly
in this final rule.
Request To Revise Description of Unsafe Condition
One commenter questions the characterization of the unsafe
condition addressed in the proposed AD. The proposed AD acknowledges
that the loss of paint or markings on functionally sound FDR and CVR
equipment does not put the airplane in an unsafe condition. The
commenter goes on to interpret the unsafe condition as the ``potential
inability to locate the equipment after a potential accident or
incident that was potentially caused by an unsafe condition, due to the
potential loss of paint or markings on the equipment'' (emphasis
omitted). The commenter suggests that compliance with the proposed AD
would do nothing to prevent the unsafe condition in an accident or
incident involving an unscheduled water landing, because an underwater
locating device (ULD), required to be attached to each FDR and CVR,
could also be used to identify the FDR/CVR. The commenter adds that
compliance with the AD would not protect against a fire intense enough
to damage the paint or markings on the FDR/CVR. The commenter adds that
the FDR/CVR equipment can be identified by means other than paint and
markings. The commenter suggests that recovery personnel should be
informed that a ULD can be used to identify an FDR or CVR.
[[Page 1514]]
The FAA disagrees. The timely recovery, after an accident, of the
CVR and FDR is critical to the investigation and determination of
probable cause. We recognize that there is more than one way (i.e., the
color of the boxes) to identify these pieces of equipment. It is by the
use of these multiple methods of identification that the timeliness of
recovery can be maximized given the conditions at an accident site. A
delay in the recovery of these pieces of equipment and subsequent data
analysis could prevent the timely correction of a critical safety issue
affecting other airplanes of the same type design. It is in the
interest of safety to ensure that all necessary methods of
identification remain available to investigators.
Request To Revise Proposed Requirement
This same commenter finds the proposed one-time inspection
insufficient to prevent damage to the paint and markings on the
recording components. The commenter notes that there is no method
available to prevent an unprotected component from being later
installed in a formerly compliant airplane. The commenter adds that,
since the component is not tracked for compliance with an AD, operators
would have difficulty determining whether the paint and markings have
been protected (in accordance with the AD) before the component is
installed in an already compliant airplane. The commenter adds that
components undamaged at the time of the inspection may be installed in
an airplane, yet not be protected, and the proposed AD provides no
means to prevent damage after compliance with the AD. The commenter
asserts that the potential for the identified unsafe condition has not
been reduced. The commenter requests that the proposed AD be revised to
address affected components instead of airplanes and require a part
number change as a means to track compliance with the AD.
The FAA does not agree. There would be clear distinction between
the old and new parts even though the part numbers remain unchanged.
The new parts would be marked with ``CLR CTD'' on the rear panel of the
dust cover and as part of the new chemical resistant protection scheme
would be unaffected by hydraulic fluid mist. Maintenance personnel will
be able to readily identify whether or not the new parts are installed
on an airplane. The proposed AD also included a prohibition against
installing parts that had not been reworked in accordance with the
service bulletin. Again, this would be readily identifiable by the
presence of the marking ``CLR CTD'' on the rear panel of the dust
cover.
Additional Change to Proposed AD
The identity of the affected airplanes has been changed to
``Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes'' to match the identification on the type certificate.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes described
previously. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Revised Labor Rate
We have 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 $60 per work
hour to $65 per work hour. The cost impact information, below, reflects
this increase in the specified hourly labor rate.
Cost Impact
The FAA estimates that 220 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 1 work hour per
airplane to accomplish the required actions, and that the average labor
rate is $65 per work hour. Based on these figures, the cost impact of
the AD on U.S. operators is estimated to be $14,300, or $65 per
airplane.
The cost impact figure discussed above is 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 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
0
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
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. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-01-01 Bombardier, Inc. (Formerly Canadair): Amendment 39-13414.
Docket 2002-NM-112-AD.
Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440)
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
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.
[[Page 1515]]
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. Do the inspection per
Part A of the Accomplishment Instructions of Bombardier Service
Bulletin 601R-31-026, dated October 12, 2001. Dust covers that have
had a protective coating applied are identified through the markings
specified in the service bulletin.
(1) If specified markings are present: No further action is
required by this paragraph.
(2) If specified markings are not present: Within 18 months
after the effective date of this AD, or within 6 months after the
inspection, whichever occurs first, 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 Service Bulletin 601R-
23-056, dated October 12, 2001.
(1) If specified markings are present: No further action is
required by this paragraph.
(2) If specified markings are not present: Within 18 months
after the effective date of this AD, or within 6 months after the
inspection, whichever occurs first, 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.
Incorporation by Reference
(f) The actions must be done in accordance with Bombardier
Service Bulletin 601R-23-056, dated October 12, 2001; and Bombardier
Service Bulletin 601R-31-026, dated October 12, 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 ACO, 10 Fifth Street, Third
Floor, Valley Stream, New York; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
Note 4: The subject of this AD is addressed in Canadian
airworthiness directive CF-2001-45, dated December 3, 2001.
Effective Date
(g) This amendment becomes effective on February 13, 2004.
Issued in Renton, Washington, on December 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-121 Filed 1-8-04; 8:45 am]
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