[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Rules and Regulations]
[Pages 15870-15874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04634]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0721; Directorate Identifier 2012-NM-076-AD;
Amendment 39-17356; AD 2013-03-22]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. 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 certain
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes. This AD was prompted by reports that airplanes with a Class
C cargo (baggage) compartment have liners that do not meet flammability
requirements. This AD requires replacing the existing cargo compartment
liners with liners that comply. We are issuing this AD to prevent
inadequate fire protection in the cargo compartment and consequent
uncontrolled fire.
DATES: This AD becomes effective April 17, 2013.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 17,
2013.
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: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems
[[Page 15871]]
Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600
Stewart Avenue, Suite 410, Westbury, New York 11590; telephone 516-228-
7318; 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 July 19, 2012 (77 FR
42457). That NPRM proposed to correct an unsafe condition for the
specified products. The Mandatory Continuing Airworthiness Information
(MCAI) states:
It was found that the cargo compartment liners installed on CL-
600-2B19 configured with Class C cargo compartment do not all meet
the flammability requirements. Non-compliant cargo compartment
liners may not provide adequate fire protection and could lead to an
uncontrolled baggage bay fire.
This [Canadian] AD mandates the replacement of existing cargo
compartment liners with compliant cargo compartment liners.
Aeroplanes modified with [Transport Canada Civil Aviation]
Supplemental Type Certificate (STC) Number SA01-19 Issue No. 1
[corresponding FAA STC ST01292NY, amended July 7, 2003 http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1BB5140B1D3A130086256D7A006DF851?OpenDocument&Highlight=st01292ny]
Cargo Liner Replacement Panels are also affected by this [Canadian]
AD.
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 comments received.
Request To Change Applicability
Air Wisconsin (AWI) requested that we change the applicability to
either specify airplane serial numbers (S/Ns) 7003 though 7067
inclusive, and S/Ns 7069 through 7857 inclusive, including airplanes
modified by STC ST01292NY, amended July 7, 2003 (http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1BB5140B1D3A130086256D7A006DF851?OpenDocument&Highlight=st01292ny); or
specify the airplanes listed in Bombardier Service Bulletin 601R-25-
187, Revision A, dated September 1, 2011; Bombardier Service Bulletin
601R-25-198, dated September 1, 2011; and Bombardier Service Bulletin
601R-25-199, dated September 1, 2011. AWI stated that the NPRM (77 FR
42457, July 19, 2012) specifies the applicability as airplane S/Ns 7003
and subsequent, yet each of these Bombardier service bulletins
describes the effectivity as airplane S/Ns 7003 thru 7067 inclusive and
S/Ns 7069 thru 7857 inclusive, and states that the service bulletin was
``validated'' on airplane S/N 7362.
We do not agree with the commenter's request to change the
applicability. The intent of this AD is to ensure that any Model CL-
600-2B19 airplane configured with a Class C cargo compartment be
equipped with compliant cargo compartment liners. The Bombardier
service information referenced in paragraphs (g)(1) through (g)(3) of
this AD has listed airplanes with known Class C cargo compartments. In
order to ensure that any subsequently converted airplanes will be
equally equipped with compliant Class C cargo compartment liners, this
AD must apply to any Model CL-600-2B19 airplane configured with a Class
C cargo compartment. We have not changed the AD in this regard.
Requests To Extend Compliance Time
AWI and Pinnacle Airlines (FLG) requested that we extend the
compliance time from 28 months to 36 months after the effective date of
the AD. Both commenters stated that the service information recommends
a compliance time of 36 months. Additionally, both commenters stated
that the manufacturer has yet to supply the necessary parts kits. FLG
noted that, without the parts kits, it could be put in a position of
parking its airplanes. AWI stated that, without kits available,
airplanes that are currently having their heavy check visits completed
are without the benefit of the cargo compartment liner modification
being accomplished.
We do not agree with the commenters' requests to extend the
compliance time. In developing an appropriate compliance time for this
action, we considered the safety implications, parts availability, and
normal maintenance schedules for the timely accomplishment of the
modification. Bombardier has confirmed with the FAA and Transport
Canada Civil Aviation (TCCA) that parts are available to the operators,
and the availability will be such that the operators will be able to
incorporate the modification within the compliance time. However, under
the provisions of paragraph (k) of this AD, we will consider requests
for approval of an extension of the compliance time if sufficient data
are submitted to substantiate that the new compliance time would
provide an acceptable level of safety. We have not changed the AD in
this regard.
Request To Change Date of Parts Installation Prohibition or Remove
Prohibition
AWI requested that we either remove the paragraph or change the
date of the prohibition of the installation of the old style liners
(paragraph (i) of the NPRM (77 FR 42457, July 19, 2012)) from the
effective date of the AD to 28 months after the effective date of the
AD. AWI stated that in order to maintain a pre-modification airplane
until the modification required by paragraph (g) of the NPRM is
performed, the operator needs to have the flexibility to install the
old style liners when replacing any that might become damaged.
We agree to change the date of the prohibition of the installation
of the old style liners for certain airplanes. We have changed
paragraph (j)(1) of this AD (referred to as paragraph (i) of the NPRM
(77 FR 42457, July 19, 2012)) to state that the installation of the old
style liners for airplane S/Ns 7003 through 7857 inclusive is
prohibited after completion of the cargo compartment liner modification
required by paragraph (g) of this AD, which is required within 28
months after the effective date of this AD.
We have also added new paragraph (j)(2) to this AD, which states
that the installation of the old style liners for airplane S/Ns 7858
and subsequent is prohibited as of the effective date of this AD.
Airplane S/Ns 7858 and subsequent are/were not delivered with a class C
cargo compartment. Paragraph (j)(2) of this AD prevents these airplanes
from having the identified unsafe cargo liners installed if they are
converted to class C cargo compartments.
Request To Use Certain STC Parts
AWI requested that we change the NPRM (77 FR 42457, July 19, 2012)
to allow the installation of inserts, which are necessary for the
installation of the rear wall liners in the floor panels specified in
STC ST00560NY, amended June 29, 2001 (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/78C85CD7FA9FAFA585256CC2006A74D0?OpenDocument&Highlight=st00560ny). AWI
stated that Bombardier Service Bulletin 601R-25-187, Revision A, dated
September 1, 2011, does not mention these aftermarket panels and
recognizes only the original equipment manufacturer floor panels.
We agree with the commenter's request. We have added new paragraph
(h) to this AD, which states that Comtek Advanced Structures floor
panels
[[Page 15872]]
approved under STC ST00560NY, amended June 29, 2001 (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/78C85CD7FA9FAFA585256CC2006A74D0?OpenDocument&Highlight=st00560ny), are
considered equivalent to the original equipment floor panels described
in Bombardier Service Bulletin 601R-25-187, Revision A, dated September
1, 2011, and may be used in lieu of the floor panels described in
Bombardier Service Bulletin 601R-25-187, Revision A, dated September 1,
2011. We have re-identified subsequent paragraphs accordingly.
Request To Approve Past or Future Repairs
AWI requested that we make accommodation in the NPRM (77 FR 42457,
July 19, 2012) for previously approved or future approved repairs/
repair schemes without the need for alternative methods of compliance
(AMOC) to do those repairs. AWI stated that the cargo compartment
liners take quite a bit of abuse during loading/unloading operations
and are frequently in need of repair to maintain serviceability. AWI
pointed out that there are existing approved repairs for the liners in
the airplane maintenance manual and/or service repair manual.
We disagree with the commenter's request. This AD requires the
installation of compliant cargo compartment liners. After accomplishing
the actions required by this AD, maintenance and/or preventive
maintenance under 14 CFR part 45 is permitted provided the maintenance
does not result in changing the AD-mandated configuration (reference 14
CFR 39.7). We have not changed the AD in this regard.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously-and minor editorial
changes. We have determined that these changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 42457, July 19, 2012) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 42457, July 19, 2012).
Costs of Compliance
We estimate that this AD will affect 574 products of U.S. registry.
We also estimate that it will take about 87 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 $43,559 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 $29,247,596, or $50,954 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 that 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);
3. Will not affect intrastate aviation in Alaska; and
4. 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 (77 FR 42457, July 19, 2012),
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
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:
2013-03-22 Bombardier, Inc.: Amendment 39-17356. Docket No. FAA-
2012-0721; Directorate Identifier 2012-NM-076-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective April 17,
2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes, certificated in any category,
serial numbers (S/Ns) 7003 and subsequent, configured with a Class C
cargo compartment, including airplanes modified by Supplemental Type
Certificate (STC) ST01292NY, amended July 7, 2003 (http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1BB5140B1D3A130086256D7A006DF851?OpenDocument&Highlight=st01292ny).
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Reason
This AD was prompted by reports that airplanes with a Class C
cargo (baggage) compartment have liners that do not meet
flammability requirements. We are issuing this AD to prevent
inadequate fire protection
[[Page 15873]]
in the cargo compartment and consequent uncontrolled fire.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Actions
Within 28 months after the effective date of this AD, replace
the cargo compartment liners, in accordance with the Accomplishment
Instructions of the applicable service bulletin specified in
paragraphs (g)(1) through (g)(3) of this AD, except as provided by
paragraph (h) of this AD. For airplanes that do not have a
configuration specified in paragraphs (g)(1) through (g)(3) of this
AD: Prior to accomplishing the replacement, convert the cargo
compartment liner to one of the configurations specified in
paragraphs (g)(1) through (g)(3) of this AD, in accordance with a
method approved by the Manager, New York Aircraft Certification
Office (ACO), ANE-170, FAA; or Transport Canada Civil Aviation
(TCCA) (or its delegated agent). To meet the requirements of this
AD, the applicable Bombardier service bulletin or COMTEK service
bulletin must be followed in its entirety, except as provided by
paragraph (h) of this AD, with no mixing of Bombardier-supplied or
COMTEK-supplied liners.
(1) For airplanes with North American cargo compartment
configuration: Bombardier Service Bulletin 601R-25-187, Revision A,
dated September 1, 2011; or COMTEK Service Bulletin COMSB-25-52-001,
Revision A, dated December 29, 2011.
Note (1) to paragraph (g)(1) of this AD: COMTEK Service
Bulletin COMSB-25-52-001, Revision A, dated December 29, 2011,
installs STC ST01292NY amended July 7, 2003 (http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1BB5140B1D3A130086256D7A006DF851?OpenDocument&Highlight=st01292ny),
(which corresponds to TCCA STC SA01-19, Issue 2, dated December 21,
2011 (http://www.regulations.gov/contentStreamer?objectId=0900006481216f85&disposition=attachment&contentType=pdf)) flammability-compliant cargo liner replacement panels.
(2) For airplanes with European cargo compartment configuration:
Bombardier Service Bulletin 601R-25-198, dated September 1, 2011.
(3) For airplanes with Universal cargo compartment
configuration: Bombardier Service Bulletin 601R-25-199, dated
September 1, 2011.
(h) Alternative Floor Panel
Comtek Advanced Structures floor panels approved under STC
ST00560NY, amended June 29, 2001 (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/78C85CD7FA9FAFA585256CC2006A74D0?OpenDocument&Highlight=st00560ny),
are considered equivalent to the original equipment floor panels
described in Bombardier Service Bulletin 601R-25-187, Revision A,
dated September 1, 2011, and may be used in lieu of the floor panels
described in Bombardier Service Bulletin 601R-25-187, Revision A,
dated September 1, 2011.
(i) Credit for Previous Actions
This paragraph provides credit for certain actions specified in
paragraph (g)(1) of this AD, if those actions were performed before
the effective date of this AD using Bombardier Service Bulletin
601R-25-187, dated July 21, 2011, which is not incorporated by
reference in this AD.
(j) Parts Installation Prohibition
(1) For airplane S/Ns 7003 through 7857 inclusive: After
completing the actions required by paragraph (g) of this AD, no
person may install a cargo compartment liner, identified as ``Pre-SB
Part Number'' in paragraph 1.M. of the applicable Bombardier service
bulletins identified in paragraphs (g)(1) through (g)(3) of this AD;
``Pre-SB P/N'' in paragraph 3.D. of COMTEK Service Bulletin COMSB-
25-52-001, Revision A, dated December 29, 2011; or FAA STC
ST01292NY, amended July 7, 2003 (http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1BB5140B1D3A130086256D7A006DF851?OpenDocument&Highlight=st01292ny);
on any airplane.
(2) For airplane S/Ns 7858 and subsequent: As of the effective
date of this AD, no person may install a cargo compartment liner,
identified as ``Pre-SB Part Number'' in paragraph 1.M. of the
Bombardier service bulletins identified in paragraphs (g)(1) through
(g)(3) of this AD; ``Pre-SB P/N'' in paragraph 3.D. of COMTEK
Service Bulletin COMSB-25-52-001, Revision A, dated December 29,
2011; or FAA STC ST01292NY, amended July 7, 2003 (http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/1BB5140B1D3A130086256D7A006DF851?OpenDocument&Highlight=st01292ny);
on any airplane.
(k) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to ATTN: Program Manager, 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, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
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 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.
(l) Related Information
(1) Refer to MCAI Canadian Airworthiness Directive CF-2012-11,
dated March 23, 2012, and the service information identified in
paragraphs (l)(1)(i) through (l)(1)(iv) of this AD, for related
information.
(i) Bombardier Service Bulletin 601R-25-187, Revision A, dated
September 1, 2011.
(ii) Bombardier Service Bulletin 601R-25-198, dated September 1,
2011.
(iii) Bombardier Service Bulletin 601R-25-199, dated September
1, 2011.
(iv) COMTEK Service Bulletin COMSB-25-52-001, Revision A, dated
December 29, 2011.
(2) For Bombardier 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; email [email protected]; Internet http://www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Bombardier Service Bulletin 601R-25-187, Revision A, dated
September 1, 2011.
(ii) Bombardier Service Bulletin 601R-25-198, dated September 1,
2011.
(iii) Bombardier Service Bulletin 601R-25-199, dated September
1, 2011.
(iv) COMTEK Service Bulletin COMSB-25-52-001, Revision A, dated
December 29, 2011.
(3) For Bombardier 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; email [email protected]; Internet http://www.bombardier.com.
(4) For COMTEK service information identified in this AD,
contact Comtek Advanced Structures, 1360 Artisans Court, Burlington,
Ontario, Canada, L7L 5Y2; telephone 905-331-8121; fax 905-331-8125;
Internet http://www.comtekadvanced.com.
(5) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call 425-227-1221.
(6) You may view this 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://
[[Page 15874]]
www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on February 7, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-04634 Filed 3-12-13; 8:45 am]
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