AD 2006-11-09

This AD becomes effective June 30, 2006.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of June 30, 2006.

You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC.

Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for service information identified in this AD.

Richard Beckwith, 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) 228-7302; fax (516) 794-5531.

You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. That NPRM was published in the Federal Register on February 9, 2006 (71 FR 6683). That NPRM proposed to require revising the Airworthiness Limitations section of the Instructions for Continuing Airworthiness of the Maintenance Requirements Manual to include revised threshold and repeat inspection intervals for the cargo door skin cut-out.

We provided the public the opportunity to participate in the development of this AD. We have considered the comment received.

Air Wisconsin notes that the applicability of the proposed AD includes airplanes with serial numbers 7003 and subsequent on which Bombardier Modsum TC601R16421 or TC601R16422 has not been accomplished. Air Wisconsin also notes that Modsums cannot be accomplished on in-service airplanes because in-service airplanes are modified per service bulletins, in this case Bombardier Service Bulletin 601R-53-070. Air Wisconsin states that Bombardier Service Bulletin 601R-53-070 will be released very soon to communicate in-service Modsum TC601R16422; and that the actions in that service bulletin will be terminating action for in-service airplanes. This will limit the applicability to serial number 7003 to 8129 because production Modsum TC601R16421 will be accomplished on serial number 8130 and subsequent.

We infer that Air Wisconsin is requesting that we change the applicability of the proposed AD to include a reference to Bombardier Service Bulletin 601R-53-070, and to limit the affected serial numbers to 7003 through 8129 inclusive. We disagree. There may be production delays that would result in a change to those airplanes on which production Modsum TC601R16421 is accomplished in production. In addition, Bombardier Service Bulletin 601R-53-070 has not been released by Bombardier, and we cannot refer to a document that is not yet released and approved. The actions in this AD are not required if one of the Modsums has been accomplished on an airplane. Bombardier can provide methods for showing that a Modsum has been accomplished. Also, an operator may request an alternative method of compliance in accordance with the procedures in paragraph (g) of this AD. We have not changed the AD in this regard.

We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD as proposed.

The following table provides the estimated costs for U.S. operators to comply with this AD.

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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD):