[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Proposed Rules]
[Pages 12587-12589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5947]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-149-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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 repetitive detailed and eddy current inspections on the main 
fittings of the main landing gears (MLG) to detect discrepancies, and 
related investigative/corrective actions if necessary. This proposal 
also would require servicing the shock strut of the MLGs; inspecting 
the shock strut of the MLGs for nitrogen pressure, visible chrome 
dimension, and oil leakage; and servicing any discrepant strut. This 
action is necessary to detect and correct premature cracking of the 
main fittings of the MLGs, which could result in failure of the 
fittings and consequent collapse of the MLGs during landing. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by April 17, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-149-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-149-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, 1600 Stewart Avenue, suite 410, 
Westbury, New York.

FOR FURTHER INFORMATION CONTACT: Serge Napoleon, 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) 228-7312; fax (516) 794-5531.

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-149-AD.'' The postcard will be date stamped 
and returned to the commenter.

[[Page 12588]]

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-149-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 the results of a stress analysis 
revealed that certain main fittings of the main landing gears (MLG) are 
susceptible to premature cracking, starting in the radius of the upper 
lug. This condition, if not corrected, could result in failure of the 
main fittings of the MLGs and consequent collapse of the MLGs during 
landing.

Explanation of Relevant Service Information

    Bombardier has issued Alert Service Bulletin A601R-32-088, 
including Appendices A, B, and C, dated February 20, 2003, which 
describes, among other actions, the following procedures:
     Performing repetitive detailed inspections on 
the main fittings of the MLGs to detect discrepancies (e.g., linear 
paint cracks or lack of paint (paint peeling), any other paint damage, 
adhesion, paint bulging, or corrosion), and related investigative/
corrective actions if necessary. The related investigative actions 
include either an eddy current or fluorescent penetrant inspection of 
the main fittings of the MLGs for discrepancies. The corrective action 
includes replacing the MLGs or main fittings of the MLGs with new parts 
and repainting, repairing, and/or reworking any paint damage; as 
applicable.
     Performing repetitive eddy current inspections 
on the main fittings of the MLGs to detect cracks, and replacement of 
the main fittings of the MLGs with new or serviceable fittings if 
necessary.
     Servicing the shock strut of the MLGs.
     Inspecting the shock strut of the MLGs for 
nitrogen pressure, visible chrome dimension, and oil leakage, and 
servicing the affected shock strut of the MLGs if necessary.
    Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition. TCCA 
classified this service bulletin as mandatory and issued Canadian 
airworthiness directive CF-2003-09, effective June 6, 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 Rule and Canadian Airworthiness Directive/
Service Bulletin

    Operators should note that, although the Accomplishment 
Instructions of the referenced service bulletin describe procedures for 
submitting a comment sheet related to service bulletin quality and a 
sheet recording compliance to the airplane manufacturer bulletin, this 
proposed AD would not require those actions. The FAA does not need this 
information from operators.

Cost Impact

    The FAA estimates that 288 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 4 work 
hours per airplane to accomplish the proposed actions, 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 
$74,880, or $260 per airplane.
    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. Manufacturer warranty remedies may be available 
for certain labor costs associated with this proposed AD. As a result, 
the costs attributable to the proposed AD may be less than stated 
above.

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 adding the following new 
airworthiness directive:

Bombardier, Inc. (Formerly Canadair): Docket 2003-NM-149-AD.


[[Page 12589]]


    Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes, equipped with main fittings, part numbers (P/N) 
601R85001-81 and 601R85001-82 (Messier Dowty Incorporated P/N 17064-
105 and 17064-106), of the main landing gears (MLG); certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct premature cracking of the main fittings of 
the MLGs, which could result in failure of the fittings and 
consequent collapse of the MLGs during landing, accomplish the 
following:

    Note 1: Where this AD differs from the referenced service 
bulletin, the AD prevails.

Detailed Inspection of Main Fittings of the MLGs

    (a) Before the accumulation of 2,500 total flight cycles on the 
MLGs, or within 250 flight cycles after the effective date of this 
AD, whichever occurs later, do a detailed inspection on the main 
fittings of the MLGs to detect discrepancies (i.e., linear paint 
cracks or lack of paint (paint peeling), any other paint damage, 
adhesion, paint bulging, or corrosion), in accordance with Part A of 
the Accomplishment Instructions of Bombardier Alert Service Bulletin 
(ASB) A601R-32-088, dated February 20, 2003. Repeat the inspection 
thereafter at intervals not to exceed 100 flight cycles.

    Note 2: 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.''

Related Investigative/Corrective Actions

    (b) If any discrepancy is detected during any inspection 
required by paragraph (a) of this AD, before further flight, do the 
related investigative/corrective actions in accordance with Part B 
or F of the Accomplishment Instructions of Bombardier ASB A601R-32-
088, including Appendices A and C, dated February 20, 2003. If an 
eddy current inspection (a related investigative action specified in 
Part B) is used to confirm the detailed inspection findings, the 
next eddy current required by paragraph (c) of this AD must be 
conducted within 500 flight cycles after the eddy current inspection 
specified in this paragraph, and thereafter at intervals not to 
exceed 500 flight cycles.

Eddy Current Inspection of Main Fittings of the MLGs

    (c) At the time specified in paragraph (a) of this AD, do an 
eddy current inspection on the main fittings of the MLGs to detect 
cracks in accordance with Part B of the Accomplishment Instructions 
of Bombardier ASB A601R-32-088, including Appendix A, dated February 
20, 2003. Repeat the eddy current inspection thereafter at intervals 
not to exceed 500 flight cycles. If any crack is found, before 
further flight, replace the affected main fittings of the MLGs with 
new or serviceable fittings in accordance with paragraph E.(5) of 
Part B of the Accomplishment Instructions of service bulletin.

Servicing of Shock Struts and Serving If Necessary

    (d) Before the accumulation of 2,500 total flight cycles on the 
MLGs, or within 500 flight cycles after the effective date of this 
AD, whichever occurs later, service the shock strut of the MLGs in 
accordance with Part C or D, as applicable, of the Accomplishment 
Instructions of Bombardier ASB A601R-32-088, including Appendix B, 
dated February 20, 2003.

Shock Strut Inspection

    (e) Within 500 flight cycles after completing the servicing 
required by paragraph (d) of this AD, inspect the shock strut of the 
MLGs for nitrogen pressure, visible chrome dimension, and oil 
leakage in accordance with Part E of the Accomplishment Instructions 
of Bombardier ASB A601R-32-088, including Appendix B, dated February 
20, 2003. Repeat the inspection thereafter at intervals not to 
exceed 500 flight cycles. If the nitrogen pressure and visible 
chrome dimensions are found outside the limits (the service bulletin 
refers to the airplane maintenance manual as the source of defined 
limits) and/or oil leakage is found, before further flight, service 
the affected shock strut of the MLGs in accordance with Part C or D, 
as applicable, of the Accomplishment Instructions of the service 
bulletin.

Reporting

    (f) Submit a report of all findings (both positive and negative) 
after each inspection and servicing required by this AD to 
Bombardier Aerospace, In-Service Engineering, attention Jean 
Gauthier, fax (524) 855-7708, e-mail 
[email protected], at the applicable time specified in 
paragraph (f)(1) or (f)(2) of this AD. Under the provisions of the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Office 
of Management and Budget (OMB) has approved the information 
collection requirements contained in this AD and has assigned OMB 
Control Number 2120-0056.
    (1) If any inspection or servicing is done after the effective 
date of this AD: Submit the report within 30 days after the 
applicable inspection or servicing.
    (2) If any inspection or servicing was accomplished before the 
effective date of this AD: Submit the report within 30 days after 
the effective date of this AD.
    (g) Although the Accomplishment Instructions of the service 
bulletin referenced in this AD specifies to submit a comment sheet 
related to service bulletin quality and a sheet recording compliance 
to the airplane manufacturer bulletin, this AD does not include such 
a requirement

Alternative Methods of Compliance

    (h) 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 3: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2003-09, dated April 23, 2003.


    Issued in Renton, Washington, on March 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-5947 Filed 3-16-04; 8:45 am]
BILLING CODE 4910-13-P