Proposed Rules. Notice of proposed rulemaking (NPRM)

Agency: Federal Aviation Administration, DOT
Action: Notice of proposed rulemaking (NPRM)
Citation: FR Doc. 04-5520 · RIN 2120-AA64 · Docket No. 2003-NM-163-AD · 14 CFR 39

Summary

This document proposes the adoption of a new airworthiness directive (AD) that is applicable to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposal would require performing an inspection of the electrical harnesses of the spoiler and the brake pressure sensor unit on both sides of the wing root to detect any chafing or wire damage, and repairing or replacing any damaged or chafed harness or wire with a new harness, as applicable. This action is necessary to detect and correct chafing of the electrical cables of the spoiler and brake pressure sensor unit on both sides of the wing root, which could result in loss of flight control system and consequent reduced controllability of the airplane. This action is intended to address the identified unsafe condition.

Dates

Comments must be received by April 12, 2004.

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: • 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. • For each issue, state what specific change to the proposed AD is being requested. • 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 2003-NM-163-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. 2003-NM-163-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 (Regional Jet Series 100 & 440) airplanes. TCCA advises that it has received three reports of chafing of the electrical cables of the spoiler and brake pressure sensor unit (BPSU) on both sides of the wing root. The chafing condition occurred where electrical cables (harnesses) are routed through two misaligned adjacent lightening holes in the wing box of both wings at station 545. The condition can exist due to tight routing of the harness in this location and movement of the harnesses due to wing flex and vibration. These conditions, if not corrected, could result in loss of flight control system and consequent reduced controllability of the airplane. Explanation of Relevant Service Information Bombardier has issued Alert Service Bulletin A601R-27-101, Revision ‘A’, dated October 26, 2001. The service bulletin describes, among other actions, procedures for performing a general visual inspection of the electrical harnesses of the spoiler and the BPSU on both sides of the wing root to detect any chafing or wire damage, and repairing or replacing any damaged or chafed harness or wire with a new harness, as applicable. TCCA classified this service bulletin as mandatory and issued Canadian airworthiness directive CF-2003-14, dated May 15, 2003, to ensure 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 bulletin described previously, except as discussed below. Difference Between Proposed AD and Referenced Service Bulletin Operators should note that, although the Accomplishment Instructions of the referenced service bulletin describe procedures for completing and submitting to the manufacturer a comment sheet related to service bulletin quality and a sheet recording compliance with the service bulletin, this proposed AD would not require those actions. The FAA does not need this information from operators. Interim Action This is considered to be interim action until final action is identified, at which time the FAA may consider further rulemaking. Cost Impact The FAA estimates that 191 airplanes of U.S. registry would be affected by this proposed AD, that it would take approximately 1 work hour per airplane to accomplish the proposed inspection, and that the average labor rate is $65 per work hour. Based on these figures, the cost impact of the proposed AD on U.S. operators is estimated to be $12,415, or $65 per airplane, per inspection cycle. 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. 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. § 39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: Bombardier, Inc. (Formerly Canadair): Docket 2003-NM-163-AD. Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, serial numbers 7003 through 7067 inclusive, and 7069 through 7351 inclusive, certificated in any category. Compliance: Required as indicated, unless accomplished previously. To detect and correct chafing of the electrical cables of the spoiler and brake pressure sensor unit (BPSU) on both sides of the wing root, which could result in loss of flight control system and consequent reduced controllability of the airplane, accomplish the following: Initial and Repetitive Inspections (a) Within 500 flight hours after the effective date of this AD, do a general visual inspection of the electrical harnesses of the spoiler and the BPSU on both sides of the wing root to detect any chafing or wire damage, in accordance with Part A of the Accomplishment Instructions of Bombardier Alert Service Bulletin A601R-27-101, Revision ‘A’, dated October 26, 2001. Repeat the inspection thereafter at intervals not to exceed 4,000 flight hours. Note 1: 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.” Corrective Actions (b) If any damaged or chafed electrical harness or wire is found during any inspection required by paragraph (a) of this AD, before further flight, do either paragraph (b)(1) or (b)(2) of this AD. (1) Replace any damaged or chafed harness or wire with a new harness, in accordance with Part C or Part D of the Accomplishment Instructions of Bombardier Alert Service Bulletin A601R-27-101, Revision ‘A’, dated October 26, 2001, as applicable. (2) Repair any damaged or chafed electrical harness in accordance with Part B of the Accomplishment Instructions of Bombardier Alert Service Bulletin A601R-27-101, Revision ‘A’, dated October 26, 2001. Within 4,000 flight hours after the repair is done, do paragraph (b)(1) of this AD. Credit for Earlier Service Bulletin (c) Replacements and repairs accomplished before the effective date of this AD in accordance with Bombardier Alert Service Bulletin A601R-27-101, Initial Issue, dated April 17, 2000, are acceptable for compliance with the requirements of paragraph (b) of this AD. Exception to Service Bulletin (d) Although the service bulletin referenced in this AD specifies to submit certain information to the manufacturer, this AD does not include such a requirement. Alternative Methods of Compliance (e) In accordance with 14 CFR 39.19, the Manager, New York Aircraft Certification Office, FAA, is authorized to approve alternative methods of compliance for this AD. Note 2: The subject of this AD is addressed in Canadian airworthiness directive CF-2003-14, dated May 15, 2003. Issued in Renton, Washington, on March 2, 2004. Ali Bahrami, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 04-5520 Filed 3-10-04; 8:45 am]