AD 2005-07-15

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.

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.

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.

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.

We provided the public the opportunity to participate in the development of this AD. We have considered the single comment that has been submitted on the proposed AD.

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.

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.

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.

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.

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):