DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
14 CFR Part 39
[Docket No. FAA-2009-0525; Directorate Identifier 2009-NM-027-AD]
RIN 2120-AA64
AIRWORTHINESS DIRECTIVES; Bombardier Model CL-600-2B19 (Regional Jet Ser-
ies 100 & 440) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier NPRM for the products listed above.
This action revises the earlier NPRM by expanding the scope. This proposed
AD results from mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of 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. The proposed AD would require actions that are intended to
address the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by January 19, 2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
For service information identified in this proposed AD, contact
Bombardier, Inc., 400 Cote-Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; telephone 514-855-5000; fax 514-855-7401; e-mail
thd.crj@aero.bombardier.com; 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, Washington. For
information on the availability of this material at the FAA, call 425-227
-1221 or 425-227-1152.
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 this proposed AD, 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.
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:
COMMENTS INVITED
We invite you to send any written relevant data, views, or arguments about
this proposed AD. Send your comments to an address listed under the
ADDRESSES section. Include "Docket No. FAA-2009-0525; Directorate
Identifier 2009-NM-027-AD" at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this proposed AD. We will consider
all comments received by the closing date and may amend this proposed AD
based on those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
DISCUSSION
We proposed to amend 14 CFR part 39 with an earlier NPRM for the specified
products, which was published in the Federal Register on June 10, 2009 (74
FR 27474). That earlier NPRM proposed to require actions intended to
address the unsafe condition for the products listed above.
Since that NPRM was issued, we have revised the applicability to include
all Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes
with serial numbers 7003 and subsequent because those serial numbers may
have incorrect placards.
COMMENTS
We have considered the following comments received on the earlier NPRM.
SUPPORT FOR THE NPRM
Robert Edward Briggs, a private citizen, and Mesa Air support the
compliance times in the NPRM. Mr. Briggs states that Bombardier has a 26
-week lead time on the new placards, so the compliance time should remain
at 24 months from the effective date of the AD. Mesa Air states that it
supports the 24-month compliance time because of the 26-week lead time,
and because of the requirement to revise and replace the PAX (passenger)
briefing cards.
REQUEST TO WITHDRAW NPRM
Rich Rupslauskas, a private citizen, requests that we withdraw the NPRM.
Mr. Rupslauskas asserts that the change depicted in the new placard is not
necessary and does nothing to enhance safety. The commenter supports his
request by having asked four different people to identify the difference
between the old and the new placards and they were unable to do so. The
commenter asserts that if there was a problem with the placard, it would
have already been discovered through training, maintenance, evacuation
testing, and actual evacuations.
We do not agree with the commenter's request to withdraw the proposed AD.
We find the commenter's sample size too small to constitute a
representative statistical sample with which to determine an adequate
level of safety. The illustration in the new placard is correct. 14 CFR
25.811(e)(1) requires that "The location of the operating handle and
instructions for opening exits from the inside of the airplane must be
shown in the following manner: (1) Each passenger emergency exit must
have, on or near the exit, a marking that is readable from a distance of
30 inches * * *" Incorrect instructions could cause difficulty or delay,
especially to persons who are less familiar with the airplane emergency
exit door openings. We have not changed the supplemental NPRM in this
regard.
REQUEST TO ADDRESS THE REQUIREMENTS OF AD 2003-04-21
Comair Inc. states that AD 2003-04-21 requires actions to be accomplished
in accordance with Bombardier Alert Service Bulletin A601R-11-077,
Revision A, dated December 11, 2001. That AD required installing a new
overwing exit placard, and relocates two other placards: The no-baggage
placard and the door weight placard. (The no-baggage placards are the
placards that illustrate no baggage, and are identified in Bombardier
Service Bulletin as "Placard No Baggage.") Comair states that this NPRM
requires compliance with Bombardier Service Bulletin 601R-11-088, Revision
A, dated March 24, 2009. Comair states that Revision A of the service
bulletin addresses only the latest overwing exit placard, and does not
address moving the other two placards.
We infer that the commenter is asking for clarification regarding the
requirements of this supplemental NPRM for the door weight placards and
the no-baggage placards. We have revised paragraph (f) of this
supplemental NPRM to clarify that the restated requirements include moving
the door weight placards and no-baggage placards.
REQUEST TO SHORTEN COMPLIANCE TIME
Comair requests that we revise the NPRM to shorten the 24-month compliance
time to 9 months. Comair states that the compliance time appears to be
based on Canadian Airworthiness Directive CF-2009-02, which concurs with
the recommended interval specified in Bombardier Service Bulletin 601R-11
-088, Revision `A,' dated March 24, 2009. Comair states that the 24-month
compliance time seems excessive based on the simplicity of the required
task. Comair states that nine months should be sufficient to procure
parts, write work instructions, and comply with the service bulletin.
Comair estimates that one-third of the U.S.-registered fleet is already in
compliance.
We disagree with the request to reduce the compliance time from 24 months
to 9 months. The proposed compliance time of 24 months was determined to
be appropriate in consideration of the safety implications, the average
utilization rate of the affected fleet, the practical aspects of an
orderly inspection of the fleet during regular maintenance periods, and
the availability of required modification parts. We have not changed the
AD in this regard.
REQUEST FOR CREDIT FOR PREVIOUSLY ISSUED AMOCS
Comair requests that we revise the NPRM to allow credit for placards
installed according to a previously given AMOC. Comair writes that it
received an AMOC, dated December 14, 2007, which allowed it to install
overwing exit placards, part numbers S8388-1 and S8389-1, that are
specified in Bombardier Service Bulletin 601R-11-088, Revision `A,' dated
March 24, 2009. Comair states that it completed installing these placards
on its entire fleet three months before the initial release of the service
bulletin.
We agree with the commenter's request. We have revised paragraph (j)(1) of
this supplemental NPRM to allow credit for placards installed in
accordance with previously issued AMOCs to AD 2003-04-21 issued by the
NYACO on December 14, 2007, allowing the installation of the new overwing
exit placards, part numbers S8388-1 and S8389-1. These are the same part
numbers installed using Bombardier Service Bulletin 601R-11-088, Revision
A, dated March 24, 2009.
FAA'S DETERMINATION AND REQUIREMENTS OF THIS PROPOSED AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant to
our bilateral agreement with the State of Design Authority, we have been
notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Certain changes described above expand the scope of the earlier NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on this
proposed 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 proposed different actions in this AD from those in the
MCAI in order to follow FAA policies. Any such differences are highlighted
in a NOTE within the proposed AD.
COSTS OF COMPLIANCE
Based on the service information, we estimate that this proposed AD would
affect about 664 products of U.S. registry.
We estimate that it would take about 1 work-hour per product to comply
with the new basic requirements of this proposed AD. The average labor
rate is $80 per work-hour. Required parts would 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 costs. 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 the proposed AD on U.S. operators to be
$138,112, or $208 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 dev-
elop on products identified in this rulemaking action.
REGULATORY FINDINGS
We determined that this proposed AD would not have federalism implications
under Executive Order 13132. This proposed AD 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 responsib-
ilities among the various levels of government.
For the reasons discussed above, I certify 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 Pro-
cedures (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 proposed AD and placed it in the AD docket.
LIST OF SUBJECTS IN 14 CFR PART 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference,
Safety.
THE PROPOSED AMENDMENT
Accordingly, under the authority delegated to me by the Administrator, the
FAA proposes to amend 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. 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: