[Federal Register: April 7, 2005 (Volume 70, Number 66)]
[Rules and Regulations]
[Page 17604-17606]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap05-10]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19761; Directorate Identifier 2003-NM-167-AD;
Amendment 39-14039; AD 2005-07-15]
RIN 2120-AA64
Airworthiness Directives; Bombardier 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: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 and 440)
airplanes. This AD requires modification of the Auxiliary Power Unit
(APU) cooling air exhaust. This AD is prompted by reports of incomplete
drainage of the APU enclosure. We are issuing this AD to prevent a
negative pressure condition from developing in the APU enclosure when
the APU is operating on the ground, which could create a potential fire
hazard if flammable liquid leakage occurs inside the APU enclosure and
cannot be drained overboard.
DATES: This AD becomes effective May 12, 2005.
The incorporation by reference of a certain publication listed in
the AD is approved by the Director of the Federal Register as of May
12, 2005.
ADDRESSES: For service information identified in this AD, contact
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station
Centre-ville, Montreal, Quebec H3C 3G9, Canada.
Docket: The AD docket contains the proposed AD, comments, and any
final disposition. You can examine the AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S.
Department of Transportation, 400 Seventh Street SW., Room PL-401,
Washington, DC. This docket number is FAA-2004-19761; the directorate
identifier for this docket is 2003-NM-167-AD.
FOR FURTHER INFORMATION CONTACT: James E. Delisio, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New
York 11590; telephone (516) 228-7321; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39
with an AD for certain Bombardier Model CL-600-2B19 (Regional Jet
Series 100 and 440) airplanes. That action, published in the Federal
Register on December 7, 2004 (69 FR 70566), proposed to require
modification of the Auxiliary Power Unit cooling air exhaust.
Comments
We provided the public the opportunity to participate in the
[[Page 17605]]
development of this AD. We have considered the single comment that has
been submitted on the proposed AD.
Request To Clarify Applicability
The commenter asks that the airplane serial numbers be listed in
the applicability paragraph of the final rule, rather than referencing
the service bulletin. The commenter states that this request is
consistent with similar airworthiness directives and presents a quicker
reference for establishing applicability.
We agree to provide further clarification in the applicability
section of this final rule. Although the applicability section in the
proposed AD already identifies the referenced service bulletin, which
specifies the airplane serial numbers in the effectivity section, we
have listed the serial numbers in the applicability section in
paragraph (c) of this final rule.
Editorial Change/Clarification Regarding Appendix A of Bombardier
Service Bulletin 601R-49-015
We changed all service bulletin references in this final rule from
``Bombardier Service Bulletin S.B. 601R-49-015'' to ``Bombardier
Service Bulletin 601R-49-015.'' The letters ``S.B.'' are not part of
the service bulletin number.
Note 1 of this final rule specifies that Avica Service Bulletin
10S145-49-01 and Canadair Kit Drawing K601R97150 are included as
Appendix A of Bombardier Service Bulletin 601R-49-015. In paragraph (j)
of this final rule, we have ``excluded'' Appendix A from the citation
for Bombardier Service Bulletin 601R-49-015 for the purpose of
incorporation by reference of the service bulletin. However, as stated
in Note 1, our intent is that the references in Appendix A still be
used as additional sources of service information for doing the
modification specified in paragraph (f) of this final rule.
These changes were made to comply with the Office of the Federal
Register's guidelines for material incorporated by reference.
Conclusion
We have carefully reviewed the available data, including the
comment that has been submitted, and determined that air safety and the
public interest require adopting the AD with the changes described
previously. These changes will neither increase the economic burden on
any operator nor increase the scope of the AD.
Costs of Compliance
This AD will affect about 120 airplanes of U.S. registry. The
actions will take about 10 work hours per airplane, at an average labor
rate of $65 per work hour. There is no charge for parts that may be
required to perform the actions required by this AD. Based on these
figures, the estimated cost of the AD for U.S. operators is $78,000, or
$650 per airplane.
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 have 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 that this AD:
(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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD. See the ADDRESSES section for a location to
examine the regulatory evaluation.
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 airworthiness
directive (AD):
2005-07-15 Bombardier, Inc. (Formerly Canadair): Amendment 39-14039.
Docket No. FAA-2004-19761; Directorate Identifier 2003-NM-167-AD.
Effective Date
(a) This AD becomes effective May 12, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier Model CL-600-2B19 (Regional
Jet Series 100 and 440) airplanes; certified in any category; serial
numbers 7003 through 7067 inclusive and 7069 through 7254 inclusive.
Unsafe Condition
(d) This AD is prompted by reports of incomplete drainage of the
Auxiliary Power Unit (APU) enclosure. We are issuing this D to
prevent a negative pressure condition from developing in the APU
enclosure when the APU is operating on the ground, which could
create a potential fire hazard if flammable fluid leakage occurs
inside the APU enclosure and cannot be drained overboard.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Modify APU Cooling Air Exhaust
(f) Within 2,000 flight hours after the effective date the AD,
or within 16 months after the effective date of this AD, whichever
occurs first: Modify the APU cooling air exhaust by doing all of the
actions in the Accomplishment Instructions of Bombardier Service
Bulletin 601R-49-015, dated November 6, 1998, except that submitting
a comment sheet and a compliance sheet are not required by this AD.
Note 1: Bombardier Service Bulletin 601R-49-015, dated November
6, 1998, refers to Avica Service Bulletin 10S145-49-01, dated July
15, 1998, and Canadair Kit Drawing K601R97150, Rev NC, as additional
sources of service information for doing the modification. The Avica
service bulletin and the Canadair Kit Drawing are included as
Appendix A of the Bombardier service bulletin.
[[Page 17606]]
Parts Installation
(g) As of the effective date of this AD, no person may install
an APU enclosure having Canadair part number (P/N) 601R97150-13, or
Avica P/N 15A104-101, on any airplane, unless he unit has been
modified in accordance with paragraph (f) of this AD.
Alternative Methods of Compliance
(h) The Manager, New York Aircraft Certification Office, FAA,
has the authority to approve alternative methods of compliance for
this AD if requested using the procedures found in 14 CFR 39.19.
Related Information
(i) Canadian airworthiness directive CF-2002-21, dated March 21,
2002, also addresses the subject of this AD.
Materials Incorporated by Reference
(j) You must use Bombardier Service Bulletin 601R-49-015,
excluding Appendix A, dated November 6, 1998, to perform the actions
that are required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approves the incorporation by
reference of this document in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. For copies of the service information, contact
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station
Centre-ville, Montreal, Quebec H3C 3G9, Canada. You may view the Ad
docket at the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., room PL-401, Nassif
Building, Washington, DC. To review copies of the service
information go to the National Archives and Records Administration
(NARA). For information on the availability of this material at the
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 March 24, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-6686 Filed 4-6-05; 8:45 am]
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