[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Rules and Regulations]
[Pages 31956-31960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13120]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-03-AD; Amendment 39-13170; AD 2003-11-11]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Bombardier Model CL-600-2B19 series 
airplanes, that currently requires repetitive eddy current inspections 
for cracking of the main landing gear (MLG) main fittings, and 
replacement with new or serviceable MLG main fittings if necessary. 
That AD also requires servicing the MLG shock struts; inspecting the 
MLG shock struts for nitrogen pressure, visible chrome dimension, and 
oil leakage; and performing corrective actions, if necessary. This 
amendment clarifies the applicability, adds certain repetitive 
inspections, reduces an initial inspection threshold, and removes a 
provision to extend the repetitive interval for the eddy current 
inspection.

[[Page 31957]]

This amendment is prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The actions specified in this AD are intended to prevent failure of the 
MLG main fittings, which could result in collapse of the MLG upon 
landing.

DATES: Effective June 13, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 13, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before June 30, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-03-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2003-NM-03-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in this AD may be obtained from 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, Montreal, Quebec H3C 3G9, Canada. This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, New York Aircraft Certification 
Office, 10 Fifth Street, Third Floor, Valley Stream, New York; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Serge Napoleon, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York 11581; telephone (516) 256-7512; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: On October 22, 2001, the FAA issued 
airworthiness directive (AD) 2001-22-09, amendment 39-12488 (66 FR 
54658, October 30, 2001). (A correction of that AD was published in the 
Federal Register on November 26, 2001 (66 FR 58931), and a second 
correction of that AD was published in the Federal Register on December 
14, 2001 (66 FR 64739).) That AD is applicable to certain Bombardier 
Model CL-600-2B19 series airplanes and currently requires repetitive 
eddy current inspections for cracking of the main landing gear (MLG) 
main fittings, and replacement with new or serviceable MLG main 
fittings if necessary. That AD also requires servicing the MLG shock 
struts; inspecting the MLG shock struts for nitrogen pressure, visible 
chrome dimension, and oil leakage; and performing corrective actions, 
if necessary. The actions required by that AD are intended to prevent 
failure of the MLG main fittings, which could result in collapse of the 
MLG upon landing.

Background

    As described in the notice of proposed rulemaking (NPRM) for AD 
2001-22-09, three cases of premature failure of the MLG main fittings 
had been reported. The reports indicated that a circumferential crack 
was found on the MLG main fittings at the radius between the fitting 
cylinder area and the upper attachment lug for the shock strut. Further 
investigation indicated that, under certain conditions, an incorrectly 
serviced shock strut could lead to premature failure of the MLG main 
fittings.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 2001-22-09, Transport Canada Civil 
Aviation (TCCA), which is the airworthiness authority for Canada, has 
advised us of reports of another premature failure of the MLG main 
fittings. Subsequent laboratory examination has confirmed that the 
failure was at the identical location of the previously reported 
failures, except that this new incident resulted from a different 
failure mode.
    Since the findings of this latest premature failure of the MLG main 
fittings, the following new service information has been issued:
    The manufacturer issued Bombardier Alert Service Bulletin A601R-32-
079, Revision ``E,'' dated September 12, 2002; including Appendix 1, 
Revision D, dated September 12, 2002; including Appendices 2 and 3, 
dated September 12, 2002. The revised service bulletin describes 
procedures for performing repetitive visual, eddy current, and 
fluorescent penetrant inspections of the MLG fittings, and replacement 
if necessary; servicing and inspecting the MLG shock struts; and 
performing corrective actions if necessary. The major changes to 
Bombardier Alert Service Bulletin A601R-32-079, Revision D, dated 
December 1, 2000, which is cited as the appropriate source of service 
information for accomplishment of AD 2001-22-09, include revising 
certain compliance times, adding repetitive fluorescent penetrant 
inspections, and removing the escalation of eddy current repetitive 
inspections. TCCA classified this service bulletin as mandatory.
    TCCA has issued Canadian airworthiness directive CF-1999-32R2, 
dated September 19, 2002, to ensure the continued airworthiness of 
these airplanes in Canada. The Canadian airworthiness directive removes 
the procedure for escalation of the eddy current inspection interval 
and adds a detailed visual inspection of the MLG main fittings to 
supplement the eddy current inspection.

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 us informed of the 
situation described above. We have 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 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, this AD supersedes AD 2001-22-09 to continue to 
require certain requirements. Those requirements include performing 
repetitive eddy current inspections for cracking of the MLG main 
fittings; replacing with new or serviceable MLG main fittings if 
necessary; servicing the MLG shock struts; inspecting the MLG shock 
struts for nitrogen pressure, visible chrome dimension, and oil 
leakage; and performing corrective actions if necessary.
    This AD clarifies the applicability, adds certain repetitive 
inspections, reduces an initial inspection threshold, and removes a 
provision to extend the repetitive interval for the eddy current 
inspection. The actions required by this AD must be accomplished per 
the referenced service bulletin, as described previously.

[[Page 31958]]

Clarification of Compliance Time Related to the Components

    The compliance times specified in AD 2001-22-09 did not specify 
that the total flight cycles in paragraphs (a) and (b) of that AD are 
related to the MLG or shock struts, as applicable. To clarify this, we 
have revised certain paragraphs in this AD to specify that the 
compliance time is related to the components referenced in those 
paragraphs rather than to the airplane.

Clarification of Applicability

    The Canadian airworthiness directive and Bombardier service 
bulletin both include Messier Dowty part numbers (P/Ns) for the MLG 
main fittings, which are comparable to the Bombardier P/Ns. For this 
reason, we have determined that it is necessary to clarify the 
applicability of this AD by referencing both Messier Dowty and 
Bombardier P/Ns.

Clarification of Replacement Requirement

    AD 2001-22-09 requires replacement of any cracked MLG main fitting 
with a new or serviceable MLG, and the Bombardier service bulletin 
specifies such replacement with either an MLG or MLG fitting. However, 
in consonance with the Canadian airworthiness directive, this AD 
requires replacing any cracked MLG main fitting with a new or 
serviceable main fitting instead of replacing the entire MLG.

Explanation of Change to Existing AD

    We have added paragraph (m)(2) of this AD to prohibit the use of 
alternative methods of compliance issued per paragraph (e) of AD 2001-
22-09 that would have allowed escalation of the repetitive intervals 
for the eddy current inspections from 500 to 1,000 flight cycles.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time we may consider further rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the AD is 
being requested.
    [sbull] 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing us to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-03-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    We have determined that this regulation is an emergency regulation 
that must be issued immediately to correct an unsafe condition in 
aircraft, and that it is not a ``significant regulatory action'' under 
Executive Order 12866. It has been determined further that this action 
involves an emergency regulation under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979). If it is determined that 
this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket. A copy of it, if filed, may 
be obtained from the Rules Docket at the location provided under the 
caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-12488 (66 FR 
54658, October 30, 2001), corrected at 66 FR 58931, November 26, 2001; 
and corrected at 66 FR 64739, December 14, 2001; and by adding a new 
airworthiness directive (AD), amendment 39-13170, to read as follows:

2003-11-11 Bombardier, Inc.: Amendment 39-13170. Docket 2003-NM-03-
AD. Supersedes AD 2001-22-09, Amendment 39-12488.

    Applicability: Model CL-600-2B19 series airplanes, certificated 
in any category, having serial numbers 7003 and subsequent, equipped 
with main landing gear (MLG) main fittings having part numbers (P/N) 
601R85001-3 and 601R85001-4 (Messier Dowty, Inc. P/Ns 17064-101, 
17064-102, 17064-103, and 17064-104).

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (m)(1) 
of this AD. The request should include an assessment of the effect 
of the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not

[[Page 31959]]

been eliminated, the request should include specific proposed 
actions to address it.

    Compliance: Required as indicated, unless accomplished 
previously.

    Note 2: Where there are differences between the referenced 
service bulletin and the AD, the AD prevails.

    To prevent failure of the MLG main fittings, which could result 
in collapse of the MLG upon landing, accomplish the following:

Service Bulletin References

    (a) Accomplishment of the inspections and servicing, as 
applicable, specified in paragraphs (c), (g), (h), and (i) of this 
AD, per Bombardier Alert Service Bulletin A601R-32-079, dated 
December 3, 1999; Revision ``A,'' dated January 7, 2000; Revision 
``B,'' dated June 1, 2000; Revision ``C,'' dated October 26, 2000; 
or Revision ``D,'' dated December 1, 2000; prior to the effective 
date of this AD, is considered acceptable for compliance with the 
requirements of paragraphs (c), (g), (h), and (i) of this AD.
    (b) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A601R-32-079, Revision ``E,'' dated September 12, 2002; including 
Appendix 1, Revision D, dated September 12, 2002; including 
Appendices 2 and 3, dated September 12, 2002.

Initial Eddy Current Inspection

    (c) Perform an eddy current inspection to detect cracking of the 
MLG main fittings, per PART B of the service bulletin, at the 
earlier of the times specified in paragraph (c)(1) or (c)(2) of this 
AD.
    (1) Prior to the accumulation of 1,500 total flight cycles on 
the MLG, or within 150 flight cycles after December 4, 2001 (the 
effective date of AD 2001-22-09, amendment 39-12488), whichever 
occurs later.
    (2) Prior to the accumulation of 1,000 total flight cycles on 
the MLG, or within 150 flight cycles after the effective date of 
this AD, whichever occurs later.

Repetitive Eddy Current Inspections

    (d) Repeat the eddy current inspection specified in paragraph 
(c) of this AD at the time specified in paragraph (d)(1), (d)(2), or 
(d)(3), as applicable, except as provided by paragraph (d)(4) of 
this AD, per PART B of the service bulletin.
    (1) For airplanes on which the eddy current inspection required 
by paragraph (c) of this AD is accomplished after the effective date 
of this AD: Repeat the inspection at intervals not to exceed 500 
flight cycles.
    (2) For airplanes on which the repetitive eddy current 
inspection required by AD 2001-22-09, amendment 39-12488, has been 
accomplished, and on which the repetitive intervals have been 
increased per paragraph (e) of AD 2001-22-09 before the effective 
date of this AD: Repeat the inspection within 500 flight cycles 
after the effective date of this AD, or within 1,000 flight cycles 
since the last eddy current inspection, whichever occurs first, and 
thereafter at intervals not to exceed 500 flight cycles.
    (3) For airplanes on which the repetitive eddy current 
inspection required by AD 2001-22-09 has been accomplished, and on 
which the repetitive intervals have not been increased per paragraph 
(e) of AD 2001-22-09 before the effective date of this AD: Repeat 
the eddy current inspection at intervals not to exceed 500 flight 
cycles.
    (4) For airplanes on which an eddy current inspection has been 
accomplished to confirm the detailed inspection required by 
paragraph (j) of this AD: The next eddy current inspection must be 
done within 500 flight cycles following the last detailed inspection 
required by paragraph (j) of this AD, and thereafter at intervals 
not to exceed 500 flight cycles.

Corrective Actions

    (e) If no cracking of the MLG main fittings is suspected during 
the next eddy current inspection required by paragraph (c) or (d) of 
this AD, but the paint has been removed: Prior to further flight, 
apply a new finish and install the harness clamp on the brake line 
with the bolt, washers, nut, and cotter pin; per PART B of the 
service bulletin.
    (f) If any cracking of the MLG main fittings is found during any 
eddy current inspection required by paragraph (c) or (d) of this AD: 
Prior to further flight, replace any cracked MLG main fitting with a 
new or serviceable part per the service bulletin.

Servicing the Shock Struts

    (g) Prior to the accumulation of 1,500 total flight cycles on 
the MLG shock struts, or within 500 flight cycles after December 4, 
2001, whichever occurs later: Service (Oil and Nitrogen) the left 
and right MLG shock struts per PART C (for airplanes on the ground) 
or PART D (for airplanes on jacks) of the service bulletin.

Other Inspections

    (h) Within 500 flight cycles after completing the actions 
required by paragraph (g) of this AD: Inspect the MLG left and right 
shock struts for nitrogen pressure, visible chrome dimension, and 
oil leakage, in accordance with PART E of the service bulletin. 
Thereafter, repeat the inspection at intervals not to exceed 500 
flight cycles.

Corrective Actions for Certain Inspections

    (i) If the chrome extension dimension of the shock strut 
pressure reading is outside the limits specified in the Airplane 
Maintenance Manual, Task 32-11-05-220-801, or any oil leakage is 
found during any inspection required by paragraph (h) of this AD: 
Prior to further flight, service the MLG shock strut in accordance 
with PART C (for airplanes on the ground) or PART D (for airplanes 
on jacks) of the service bulletin.

Detailed and Follow-on Inspections, and Corrective Action

    (j) Prior to the accumulation of 1,000 total flight cycles on 
the MLG, or within 250 flight cycles after the effective date of 
this AD, whichever occurs later: Accomplish a detailed inspection of 
the MLG main fittings to detect signs of cracking (including linear 
paint cracks along the circumference of the main fitting tube, lack 
of paint (paint peeling) or other paint damage, lack of adhesion or 
paint bulging, and signs of corrosion), per PART A of the service 
bulletin. Repeat the inspection thereafter at intervals not to 
exceed 100 flight cycles.

    Note 3: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (k) If any linear paint crack along the circumference of the 
main fitting tube, lack of paint (paint peeling) or other paint 
damage, evidence of paint bulging due to lack of adhesion, or 
evidence of corrosion is found during any inspection required by 
paragraph (j) of this AD: Prior to further flight, accomplish either 
an eddy current inspection to detect cracking, per PART B of the 
service bulletin; or a fluorescent penetrant inspection to detect 
cracking, per PART F of the service bulletin.
    (1) If no cracking of the MLG main fittings is found during any 
inspection required by paragraph (k) of this AD: Prior to further 
flight, repaint and/or repair/rework any paint damage per PART B of 
the service bulletin.
    (2) If any cracking of the MLG main fittings is found during any 
inspection required by paragraph (k) of this AD: Prior to further 
flight, replace any cracked MLG main fitting with a new or 
serviceable part per the service bulletin.

Reporting Requirement

    (l) Within 30 days after each inspection and servicing required 
by paragraphs (c), (d), (g), (h), (j), and (k) of this AD, report 
all findings, positive or negative, to: Bombardier Aerospace, In-
Service Engineering, fax number 514-855-8501. Although the service 
bulletin references completion of a ``Service Bulletin Comment 
Sheet-Facsimile Reply Sheet,'' this AD does not require that action. 
Information collection requirements contained in this regulation 
have been approved by the Office of Management and Budget (OMB) 
under the provisions of the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120-
0056.

Alternative Methods of Compliance

    (m)(1) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, New York Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, New York ACO.
    (2) Alternative methods of compliance issued to allow escalation 
of the repetitive intervals for the eddy current inspections from 
500 to 1,000 flight cycles, per paragraph (e) of AD 2001-22-09, are 
not approved as alternative methods of compliance with this AD.

    Note 4: Information concerning the existence of approved 
alternative methods of

[[Page 31960]]

compliance with this AD, if any, may be obtained from the New York 
ACO.

Special Flight Permits

    (n) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (o) Unless otherwise specified by this AD, the actions shall be 
done per Bombardier Alert Service Bulletin A601R-32-079, Revision 
``E,'' dated September 12, 2002; including Appendix 1, Revision D, 
dated September 12, 2002; including Appendices 2 and 3, dated 
September 12, 2002; which includes the following effective pages:

------------------------------------------------------------------------
                                    Revision Level
           Page Number               Shown on Page    Date Shown on Page
------------------------------------------------------------------------
1-30............................  E.................  September 12,
                                                       2002.
---------------------------------
                               Appendix 1
------------------------------------------------------------------------
A1-A10..........................  D.................  September 12,
                                                       2002.
---------------------------------
                               Appendix 2
------------------------------------------------------------------------
A1-A2...........................  Original..........  September 12,
                                                       2002.
---------------------------------
                               Appendix 3
------------------------------------------------------------------------
A1-A8...........................  Original..........  September 12,
                                                       2002.
------------------------------------------------------------------------

    This incorporation by reference is approved by the Director of 
the Federal Register, in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from Bombardier, Inc., Canadair, 
Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, 
Quebec H3C 3G9, Canada. Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, New York Aircraft Certification Office, 
10 Fifth Street, Third Floor, Valley Stream, New York; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

    Note 5: The subject of this AD is addressed in Canadian 
airworthiness directive CF-1999-32R2, dated September 19, 2002.

Effective Date

    (p) This amendment becomes effective on June 13, 2003.

    Issued in Renton, Washington, on May 20, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-13120 Filed 5-28-03; 8:45 am]
BILLING CODE 4910-13-P