[Federal Register Volume 69, Number 89 (Friday, May 7, 2004)]
[Rules and Regulations]
[Pages 25485-25488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10375]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-175-AD; Amendment 39-13628; AD 2004-09-37]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-1A11 (CL-600), 
CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-
604) Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Bombardier transport category airplanes, 
that currently requires a detailed inspection to detect cracks of the 
vane brackets of the inboard flap actuator beam, and follow-on 
repetitive detailed inspections or corrective actions, as applicable. 
That AD also provides for two optional terminating actions for the 
detailed inspection(s). This action requires performing one or the 
other of the terminating actions. The actions specified by this AD are 
intended to detect and correct gaps between the flap vane bracket and 
the adjacent lower skin and between the flap vane bracket and vane 
actuator beam, and premature cracking of the flap vane brackets, which 
could result in failure of the flap vane bracket(s) when the flaps are 
extended and the flap vane is aerodynamically loaded, and consequent 
reduced controllability of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Effective June 11, 2004.
    The incorporation by reference of certain publications listed in 
the regulations was previously approved by the Director of the Federal 
Register as of May 8, 2003 (68 FR 19940, April 23, 2003).

ADDRESSES: 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 Federal Aviation Administration 
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, New York Aircraft Certification 
Office, 1600 Stewart Avenue, suite 410, Westbury, New York; or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call (202) 741-6030, or go 
to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 2003-08-12, 
amendment 39-13125 (68 FR 19940, April 23, 2003), which is applicable 
to certain Bombardier transport category airplanes, was published in 
the Federal Register on February 13, 2004 (69 FR 7170). That action 
proposed to continue to require a detailed inspection to detect cracks 
of the vane brackets of the inboard flap actuator beam, and follow-on 
repetitive detailed inspections or corrective actions, as applicable. 
That action also proposed to require performing one or the other of two 
terminating actions.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    There are approximately 411 airplanes of U.S. registry that will be 
affected by this AD.
    The detailed inspection that is currently required by AD 2003-08-
12, amendment 39-13125, takes approximately 11 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 actions on 
U.S. operators is estimated to be $293,865, or $715 per airplane, per 
inspection cycle.
    The terminating corrective actions specified in Part B of the 
Accomplishment Instructions of the applicable alert service bulletin 
identified in Table 2 of this AD, take approximately 24 work hours per 
airplane to accomplish the inspections and between 4 and 48 work hours 
per airplane to accomplish the replacement of the vane bracket(s), at 
an average labor rate of $65 per work hour. Required parts will cost 
between $535 and $6,414 for the vane brackets. Based on these figures, 
the cost impact of the terminating corrective actions on U.S. operators 
is estimated to be between $967,905 and $4,559,634, or between $2,355 
and $11,094 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.
    The optional terminating corrective actions specified in Part C of 
the Accomplishment Instructions of the applicable alert service 
bulletin identified in Table 2 of this AD, take approximately 80 work 
hours per airplane to accomplish, at an average labor rate of $65 per 
work hour. Required parts will cost approximately $6,414 for the vane 
brackets. Based on these figures, the cost impact of the terminating 
corrective actions on U.S. operators is estimated to be $4,773,354 or 
between $11,614 per airplane.

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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT

[[Page 25486]]

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. A final evaluation has been prepared 
for this action and it is contained in the Rules Docket. A copy of it 
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 39-13125 (68 FR 
19940, April 23, 2003), and by adding a new airworthiness directive 
(AD), amendment 39-13628, to read as follows:

2004-09-37 Bombardier, Inc.: Amendment 39-13628. Docket 2003-NM-175-
AD. Supersedes AD 2003-08-12, Amendment 39-13125.

    Applicability: This AD applies to the airplanes listed in Table 
1 of this AD, certificated in any category. Table 1 is as follows:

                                             Table 1.--Applicability
----------------------------------------------------------------------------------------------------------------
                    Model                                                 Serial Nos.
----------------------------------------------------------------------------------------------------------------
CL-600-1A11 (CL-600) series airplanes.......  1004 through 1085 inclusive.
CL-600-2A12 (CL-601) series airplanes.......  3001 through 3066 inclusive.
CL-600-2B16 (CL-601-3A and CL-601-3R) series  5001 through 5194 inclusive.
 airplanes.
CL-600-2B16 (CL-604) series airplanes.......  5301 through 5499 inclusive.
----------------------------------------------------------------------------------------------------------------

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct gaps between the flap vane bracket and the 
adjacent lower skin and between the flap vane bracket and vane 
actuator beam, and premature cracking of the flap vane brackets, 
which could result in failure of the flap vane bracket(s) when the 
flaps are extended and the flap vane is aerodynamically loaded, and 
consequent reduced controllability of the airplane; accomplish the 
following:

    Note 1: Where there are differences between this AD and the 
applicable Bombardier alert service bulletin specified in Table 2 of 
this AD, the AD prevails.

Restatement of Requirements of AD 2003-08-12

Inspection

    (a) Do a detailed inspection to detect cracks of the vane 
brackets of the inboard flap actuator beam, per Part A of the 
Accomplishment Instructions of the applicable Bombardier alert 
service bulletin specified in Table 2 of this AD; at the applicable 
time indicated in Table 3 of this AD. Table 2 is as follows:

                    Table 2.--Alert Service Bulletins
------------------------------------------------------------------------
                                Bombardier alert
            Model               service bulletin          Excluding
------------------------------------------------------------------------
CL-600-1A11 (CL-600) series   A600-0699, Revision   Service Bulletin
 airplanes.                    01, dated July 8,     Incorporation
                               2002.                 Sheet, Flap Vane
                                                     Bracket Inspection
                                                     Program page, and
                                                     Minimum Edge
                                                     Distance Inspection
                                                     pages.
CL-600-2A12 (CL-601) series   A601-0532, Revision   Service Bulletin
 airplanes, and CL-600-2B16    01, dated July 8,     Incorporation
 (CL-601-3A and CL-601-3R)     2002.                 Sheet, Flap Vane
 series airplanes.                                   Bracket Inspection
                                                     Program page, and
                                                     Minimum Edge
                                                     Distance Inspection
                                                     pages.
CL-600-2B16 (CL-604) series   A604-27-007,          Service Bulletin
 airplanes.                    Revision 01, dated    Incorporation
                               July 8, 2002.         Sheet, Flap Vane
                                                     Bracket Inspection
                                                     Program page, and
                                                     Minimum Edge
                                                     Distance Inspection
                                                     pages.
------------------------------------------------------------------------

    Table 3 is as follows:

                       Table 3.--Compliance Times
------------------------------------------------------------------------
 For airplanes that have accumulated--       The compliance time is--
------------------------------------------------------------------------
1,200 total landings or less as of May   Before the accumulation of
 8, 2003 (the effective date of AD 2003-  1,300 total landings.
 08-12).
More than 1,200 total landings, but      Within 100 landings after May
 less than 3,000 total landings as of     8, 2003 (the effective date of
 May 8, 2003 (the effective date of AD    AD 2003-08-12).
 landings after 2003-08-12).
3,000 total landings or more as of May   Within 50 landings after May 8,
 8, 2003 (the effective date of AD 2003-  2003 (the effective date of AD
 08-12).                                  2003-08-12).
------------------------------------------------------------------------



[[Page 25487]]

    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.''

No Crack Findings: Repetitive Inspections

    (b) If no crack is detected during the detailed inspection 
required by paragraph (a) of this AD, repeat that inspection 
thereafter at intervals not to exceed 100 landings.

Crack Findings: Corrective Actions

    (c) If any crack is detected during the detailed inspection 
required by paragraph (a) of this AD, before further flight, do the 
actions specified in paragraph (e) or (f) of this AD.

New Requirements of This AD

Terminating Actions

    (d) Do the actions specified in paragraph (e) or (f) of this AD, 
at the applicable time listed in Table 4--Compliance Time--
Terminating Actions.

             Table 4.--Compliance Time--Terminating Actions
------------------------------------------------------------------------
 For airplanes that have accumulated--       The compliance time is--
------------------------------------------------------------------------
Less than 2,000 total landings as of     Within 600 total landings after
 the effective date of this AD.           the effective date of this AD.
2,000 or more total landings as of the   Within 400 total landings after
 effective date of this AD.               the effective date of this AD.
------------------------------------------------------------------------

    (e) Do the actions specified in paragraphs (e)(1), (e)(2), and 
(e)(3) of this AD per Part B of the Accomplishment Instructions of 
the applicable alert service bulletin identified in Table 2 of this 
AD, unless otherwise specified in this AD. Accomplishment of these 
actions constitutes compliance with the requirements of paragraphs 
(a), (b), and (c) of this AD.
    (1) Do a detailed inspection to detect gaps at flap stations 
60.0, 98.5, and 137.0 between the vane bracket(s) and adjacent lower 
skin and vane actuator beam. If any gap is in excess of the limits 
specified in the applicable alert service bulletin, before further 
flight, repair per a method approved by either the Manager, New York 
Aircraft Certification Office (ACO), FAA; or Transport Canada Civil 
Aviation (TCCA) (or its delegated agent).
    (2) Measure the minimum edge distance (MED) for the fastener 
holes in all flap vane brackets and actuator beams. If the MED 
requirements for any bracket or actuator beam do not meet the 
allowable values specified in Figure 2 of the applicable alert 
service bulletin, before further flight, replace the out-of-
tolerance bracket and/or actuator beam with a new bracket and/or 
actuator beam that meets the MED requirements specified in Figure 2 
of the applicable alert service bulletin.
    (3) Do a nondestructive test (NDT) inspection on all vane 
brackets for cracks. If any crack is found, before further flight, 
accomplish the corrective actions (e.g., remove gaps, ensure that 
the MED requirements for the replacement brackets meet the allowable 
values specified in Figure 2 of the applicable alert service 
bulletin, and replace any cracked vane bracket with a new bracket 
that meets the MED requirements specified in Figure 2 of the 
applicable alert service bulletin). Although the applicable alert 
service bulletin describes procedures for identifying and returning 
all cracked vane brackets to Bombardier, this AD does not require 
such actions.
    (f) In lieu of the actions specified in paragraph (e) of this 
AD, do the actions specified in paragraphs (f)(1) and (f)(2) of this 
AD per Part C of the Accomplishment Instructions of the applicable 
alert service bulletin identified in Table 2 of this AD. 
Accomplishment of these actions constitutes compliance with the 
requirements of paragraphs (a), (b), and (c) of this AD.
    (1) Replace all 12 vane brackets with new brackets that meet the 
MED requirements specified in Figure 2 of the applicable alert 
service bulletin (including removal of any gap between the vane 
brackets and the adjacent lower skin and actuator beams).
    (2) Measure the MED for the fastener holes in all replacement 
flap vane brackets and actuator beams (including a detailed 
inspection for gaps).
    (i) If the MED requirements for any bracket or actuator beam do 
not meet the allowable values specified in Figure 2 of the 
applicable alert service bulletin, before further flight, replace 
the out-of-tolerance bracket and/or actuator beam with a new bracket 
and/or actuator beam that meets the MED requirements specified in 
Figure 2 of the applicable alert service bulletin.
    (ii) If any gap is detected, before further flight, repair the 
gap.

Other Means of Acceptable Compliance With Paragraph (f) of This AD

    (g) Accomplishment of the inspections and modifications per Part 
B or Part C of the applicable alert service bulletin listed in Table 
5 of this AD; and the MED dimension checks for the flap brackets and 
the actuator beams as specified in drawing K600-14251, including any 
required rework; is considered acceptable for compliance with the 
requirements of paragraph (f) of this AD. Table 5 of this AD is as 
follows:

        Table 5.--Acceptable Basic Issue Alert Service Bulletins
------------------------------------------------------------------------
                                           Use bombardier alert service
              For model--                           bulletin--
------------------------------------------------------------------------
CL-600-1A11 (CL-600) series airplanes..  A600-0699, Basic Issue, dated
                                          November 29, 2001.
CL-600-2A12 (CL-601) series airplanes,   A601-0532, Basic Issue, dated
 and CL-600-2B16 (CL-601-3A and CL-601-   November 29, 2001.
 3R) series airplanes.
CL-600-2B16 (CL-604) series airplanes..  A604-27-007, Basic Issue, dated
                                          November 29, 2001.
------------------------------------------------------------------------

Time Limits/Maintenance Checks

    (h) After doing the actions specified in paragraph (e) or (f) of 
this AD, revise the Airworthiness Limitation section (ALS) of the 
Instructions for Continued Airworthiness to state the following 
(this may be accomplished by inserting a copy of this AD in the 
ALS): ``Do the applicable Time Limits/Maintenance Checks (TLMC) 
inspection task for the flap vane brackets at the times specified in 
the following table:''

                    Table.--Compliance Time for TLMCs
------------------------------------------------------------------------
     Condition of brackets and gaps              Compliance time
------------------------------------------------------------------------
No gap or crack in any flap vane         Continue using existing TLMC
 bracket.                                 bracket schedule as published
                                          in the applicable ALS.

[[Page 25488]]

 
No crack in any flap vane bracket, but   For Model CL-600-1A11 (CL-600),
 shims added.                             CL-600-2A12 (CL-601), and CL-
                                          600-2B16 (CL-601-3A and CL-601-
                                          3R) series airplanes:
                                         Repeat inspections remain at
                                          600 landings from rework.
                                         For Model CL-600-2B16 (CL-604)
                                          series airplanes:
                                         Repeat inspections remain at
                                          1,800 landings from rework.
All 12 flap vane brackets have been      For Model CL-600-1A11 (CL-600),
 replaced.                                CL-600-2A12 (CL-601), and CL-
                                          600-2B16 (CL-601-3A and CL-601-
                                          3R) series airplanes:
                                         New threshold of 7,000 landings
                                          from installation of new flap
                                          vane brackets. Repeat
                                          inspections remain at 600
                                          landings.
                                         For Model CL-600-2B16 (CL-604)
                                          series airplanes:
                                         New threshold of 7,200 landings
                                          from installation of new flap
                                          vane brackets. Repeat
                                          inspections remains at 1,800
                                          landings.
------------------------------------------------------------------------

    (i) After doing the requirements of paragraph (h) of this AD, 
except as provided in paragraph (j) of this AD, no alternative 
inspection times may be approved for these flap vane brackets.

Alternative Methods of Compliance

    (j) In accordance with 14 CFR 39.19, the Manager, New York ACO, 
FAA, is authorized to approve alternative methods of compliance 
(AMOCs) for this AD.

Incorporation by Reference

    (k) Unless otherwise specified in this AD, the actions shall be 
done in accordance with the following Bombardier alert service 
bulletins as listed in Table 6 of this AD, as applicable. Table 6 of 
this AD is as follows:

                    Table 6.--Alert Service Bulletins
------------------------------------------------------------------------
   Bombardier alert service bulletin                Excluding
------------------------------------------------------------------------
A600-0699, Revision 01, dated July 8,    Service Bulletin Incorporation
 2002.                                    Sheet, Flap Vane Bracket
                                          Inspection Program page, and
                                          Minimum Edge Distance
                                          Inspection pages.
A601-0532, Revision 01, dated July 8,    Service Bulletin Incorporation
 2002.                                    Sheet, Flap Vane Bracket
                                          Inspection Program page, and
                                          Minimum Edge Distance
                                          Inspection pages
A604-27-007, Revision 01, dated July 8,  Service Bulletin Incorporation
 2002.                                    Sheet, Flap Vane Bracket
                                          Inspection Program page, and
                                          Minimum Edge Distance
                                          Inspection pages.
------------------------------------------------------------------------

    This incorporation by reference was previously approved by the 
Director of the Federal Register as of May 8, 2003 (68 FR 19940, 
April 23, 2003). Copies of the service bulletins 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, 1600 Stewart Avenue, suite 410, Westbury, New 
York; or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 
(202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Note 3: The subject of this AD is addressed in Canadian 
airworthiness directives CF-2002-36 and CF-2002-37, both effective 
August 30, 2002.

Effective Date

    (1) This amendment becomes effective on June 11, 2004.


    Issued in Renton, Washington, on April 28, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10375 Filed 5-6-04; 8:45 am]
BILLING CODE 4910-13-P