[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Proposed Rules]
[Pages 67971-67973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30221]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 68, No. 234 / Friday, December 5, 2003 / 
Proposed Rules  

[[Page 67971]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-139-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-215-1A10 and CL-
215-6B11 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Bombardier Model 
CL-215-1A10 and CL-215-6B11 series airplanes, that currently requires 
repetitive inspections to detect cracking of main landing gear (MLG) 
axles that have been reworked by chromium plating, and replacement of 
cracked axles with serviceable axles. This action would add a 
dimensional check and follow-on corrective actions, mandate terminating 
action for certain airplanes, and add three airplanes to the 
applicability in the existing AD. The actions specified by the proposed 
AD are intended to prevent cracking of the inner bearing surface of the 
MLG axles, which could result in failure of an axle, subsequent 
separation of the wheel from the airplane, and consequent reduced 
controllability of the airplane during takeoff or landing. This action 
is intended to address the identified unsafe condition.

DATES: Comments must be received by January 5, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-139-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-139-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 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule 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.

FOR FURTHER INFORMATION CONTACT: David Lawson, 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) 256-4227; fax (516) 568-2716.

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:
    [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 proposed 
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 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-139-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-139-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On October 16, 1995, the FAA issued AD 95-22-04, amendment 39-9411 
(60 FR 54421, October 24, 1995), applicable to certain Canadair Model 
CL-215-1A10 and CL-215-6B11 series airplanes, to require inspections to 
detect cracking of main landing gear (MLG) axles that have been 
reworked by chromium plating, and replacement of cracked axles with 
serviceable axles. That action was prompted by reports of fatigue 
cracking found on several MLG wheel axes that had been chromium-plated 
during rework. The requirements of that AD are intended to prevent such 
cracking, which can result in failure of the axle, separation of the 
wheel from the aircraft, and consequent reduced controllability of the 
airplane during takeoff or landing.

Actions Since Issuance of Previous AD

    Since the issuance of AD 95-22-04, Transport Canada Civil Aviation 
(TCCA), which is the airworthiness authority for Canada, issued 
Canadian airworthiness directive CF-1993-08R3, dated March 30, 2000; 
applicable to certain Bombardier Model CL-215-1A10 and CL-215-6B11 
series airplanes. The Canadian airworthiness directive was issued to 
require eventual

[[Page 67972]]

replacement of the MLG axles following an evaluation of the service 
history that showed the maximum number of allowable landings that could 
be accumulated on the MLG axles before replacement is necessary.

Explanation of Relevant Service Information

    Bombardier has issued Service Bulletin 215-A462, Revision 3, dated 
January 17, 2000 (Canadair Alert Service Bulletin 215-A462, dated June 
2, 1993, was referenced for accomplishment of the actions specified in 
the existing AD). Revision 3 contains the same inspection procedures as 
those in the original issue of the service bulletin, but a new 
dimensional check is added to determine whether the MLG axle has been 
reworked outside the dimensions specified in the Overhaul Manual. If 
the axle has been reworked outside those dimensions, has unknown rework 
dimensions, or has an unknown service life, repetitive ultrasonic 
inspections (as specified in the existing AD) are recommended until the 
MLG axle is replaced with a serviceable axle. Revision 3 also 
recommends replacement of the MLG axles after accumulation of the 
maximum number of allowable landings on the axles. The replacement 
eliminates the need for the repetitive inspections. TCCA classified 
this service bulletin as mandatory and issued Canadian airworthiness 
directive CF-1993-08R3, dated March 30, 2000, 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 
Sec.  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. 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 Proposed AD

    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 supersede AD 95-22-04 to 
continue to require repetitive inspections to detect cracking of MLG 
axles that have been reworked by chromium plating, and replacement of 
cracked axles with serviceable axles. The proposed AD would add a 
dimensional check and follow-on corrective actions, mandate terminating 
action for certain airplanes, add three airplanes to the applicability 
in the existing AD, and remove the reporting requirement. The actions 
would be required to be accomplished in accordance with the service 
bulletin described previously, except as discussed below.

Difference Between Service Bulletin and Proposed AD

    The service bulletin referenced in this proposed AD specifies to 
submit certain inspection findings to the manufacturer; however, this 
proposed AD does not include such a requirement.

Revised Labor Rate

    After the existing AD was issued, we reviewed the figures we use to 
calculate the labor rate to do the required actions. To account for 
various inflationary costs in the airline industry, we find it 
appropriate to increase the labor rate used in these calculations from 
$60 per work hour to $65 per work hour. The economic impact 
information, below, has been revised to reflect this increase in the 
specified hourly labor rate.

Cost Impact

    There are approximately 3 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The inspections that are currently required by AD 95-22-04 take 
about 2 work hours per airplane to accomplish, at an average labor rate 
of $65 per work hour. Based on these figures, the cost impact of the 
currently required inspections on U.S. operators is estimated to be 
$390, or $130 per airplane, per inspection cycle.
    The dimensional check and ultrasonic inspection proposed in this AD 
action would take about 2 work hours per airplane to accomplish, at an 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of these checks and inspections on U.S. operators is 
estimated to be $390, or $130 per airplane, per inspection cycle.
    The replacement proposed in this AD action, if done, would take 
about 8 work hours per airplane to accomplish, at an average labor rate 
of $65 per work hour. Required parts would cost approximately $13,000 
per assembly (two per airplane). Based on these figures, the cost 
impact of the replacement proposed by this AD on U.S. operators is 
estimated to be $26,520 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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.


Sec.  39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9411 (60 FR

[[Page 67973]]

54421, October 24, 1995), and by adding a new airworthiness directive 
(AD), to read as follows:

Bombardier, Inc. (Formerly Canadair): Docket 2003-NM-139-AD. 
Supersedes AD 95-22-04, Amendment 39-9411.

    Applicability: Model CL-215-1A10 (piston) and CL-215-6B11 
(turboprop) series airplanes, having serial numbers 1001 through 
1125 inclusive, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent cracking in the inner bearing surface of the main 
landing gear (MLG) axles, which could result in failure of an axle, 
subsequent separation of the wheel from the airplane, and consequent 
reduced controllability of the airplane during takeoff or landing, 
accomplish the following:

Restatement of Certain Requirements of AD 95-22-04

Repetitive Inspections/Corrective Action

    (a) Within 60 days after November 8, 1995 (the effective date of 
AD 95-22-04, amendment 39-9411), perform either an eddy current 
inspection or a chemical inspection of the inner bearing surface 
area of the left and right MLG axles to determine if they have been 
reworked using chromium plating, in accordance with Bombardier 
Service Bulletin 215-A462, dated June 2, 1993, or Revision 3, dated 
January 17, 2000. If the inner bearing surface of the MLG axle has 
not been reworked using chromium plating, no further action is 
required by this paragraph for that axle only.
    (b) If the inner bearing surface of the MLG axle has been 
reworked using chromium plating, prior to further flight, perform an 
ultrasonic inspection to detect cracking in the axle, in accordance 
with Bombardier Service Bulletin 215-A462, dated June 2, 1993, or 
Revision 3, dated January 17, 2000.
    (1) If no crack is detected during this inspection, repeat the 
ultrasonic inspection at intervals not to exceed 150 landings.
    (2) If any crack is detected during this inspection, prior to 
further flight, remove the cracked axle and replace it with a 
serviceable axle that does not have an inner bearing surface that 
has been reworked using chromium plating, in accordance with the 
service bulletin.

New Requirements of This AD

Dimensional Check/Follow-on Corrective Actions

    (c) Within 150 landings after the effective date of this AD: Do 
a dimensional check by measuring the diameter of the left and right 
MLG axles to determine if they have been reworked outside the 
dimensions specified in Canadair CL-215 Overhaul Manual PSP 298, or 
if the axle has unknown rework dimensions or the service life of 
that axle cannot be determined, in accordance with Bombardier 
Service Bulletin 215-A462, Revision 3, dated January 17, 2000.
    (1) If any axle has been reworked outside the specified 
dimensions, or has unknown rework dimensions, or if the service life 
of that axle cannot be determined: Prior to further flight, do an 
ultrasonic inspection to detect cracking of the axle, in accordance 
with the service bulletin, and replace the axle with a serviceable 
axle before the accumulation of 1,050 total landings, in accordance 
with the service bulletin. Such replacement ends the repetitive 
inspections for that axle only.
    (i) If no cracking is detected during the inspection required by 
paragraph (c)(1) of this AD, repeat the inspection at intervals not 
to exceed 150 landings, and replace with a serviceable axle before 
the accumulation of 1,050 total landings.
    (ii) If any cracking is detected during the inspection required 
by paragraph (c)(1) of this AD, prior to further flight, replace the 
axle with a serviceable axle per the service bulletin.
    (2) If the service life of the axle is known, and the axle has 
not been reworked outside the specified dimensions, no further 
action is required by this AD for that axle only.

Actions Done Per Previous Issues of Service Bulletin

    (d) Inspections and replacements done before the effective date 
of this AD in accordance with Canadair Alert Service Bulletin 215-
A462, dated June 2, 1993; or Bombardier Service Bulletin 215-A462, 
Revision 1, dated August 26, 1996; or Revision 2, dated March 3, 
1999; are considered acceptable for compliance with the applicable 
actions specified in this AD.

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 1: The subject of this AD is addressed in Canadian 
airworthiness directive CF-1993-08R3, dated March 30, 2000.


    Issued in Renton, Washington, on November 28, 2003.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-30221 Filed 12-4-03; 8:45 am]
BILLING CODE 4910-13-P