[Federal Register Volume 69, Number 95 (Monday, May 17, 2004)]
[Rules and Regulations]
[Pages 27829-27831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10740]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-321-AD; Amendment 39-13633; AD 2004-10-03]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Bombardier Model CL-600-2B19 (Regional Jet Series 
100 & 440) airplanes, that requires repetitive inspections for cracking 
of the upper and lower web of the engine support beam between fuselage 
station (FS) 625 and FS 640, and repair if necessary. This AD also 
provides an optional terminating action for the repetitive inspections. 
This action is necessary to prevent failure of the engine support beam, 
a principal structural element, which could result in reduced 
structural integrity of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Effective June 21, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of June 21, 2004.

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; 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: James Delisio, 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) 228-7321; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Bombardier Model CL-600-
2B19 (Regional Jet Series 100 & 440) airplanes was published in the 
Federal Register on October 31, 2003 (68 FR 62029). That action 
proposed to require repetitive inspections for cracking of the upper 
and lower web of the engine support beam (ESB) at fuselage station 640, 
and repair if necessary. That action also proposed to provide an 
optional terminating action for the repetitive inspections.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. The FAA has duly considered the 
comments received.

Request To Extend Compliance Time

    One commenter requests that we extend the repetitive inspection 
interval from 740 flight cycles to 1,100 flight cycles. The commenter 
points out that Transport Canada Civil Aviation (TCCA), which is the 
airworthiness authority for Canada, has approved an alternative method 
of compliance (AMOC) for Canadian airworthiness directive CF-2001-26R1, 
dated September 20, 2002, which is the parallel airworthiness directive 
to this one. The AMOC to the Canadian airworthiness directive provides 
for repetitive inspections at an interval of 1,100 flight cycles.
    We concur. We have coordinated this issue with TCCA, and they have 
confirmed that the AMOC referenced by the commenter was issued on 
November 20, 2002. TCCA also advises that, if Canadian airworthiness 
directive CF-2001-26R1 is revised in the future, the repetitive 
inspection interval will be extended to 1,100 flight cycles. In 
developing an appropriate compliance time for this AD, we considered 
TCCA's recommendation and the degree of urgency associated with the 
subject unsafe condition. In light of these factors, we find that a 
repetitive interval of 1,100 flight cycles represents an appropriate 
interval that will not compromise safety for affected airplanes. We 
have revised paragraph (b) of this AD accordingly.

Request To Clarify Area of Inspection

    One commenter requests that we clarify the area subject to 
inspection per the proposed AD. The commenter notes that the proposed 
AD specifies external detailed inspection for cracking of the upper and 
lower web of the ESB at fuselage station (FS) 640. The commenter points 
out that the instructions in the service bulletin specify inspection of 
the area between FS 625 and FS 640.
    We concur. We have revised the Summary section and paragraph (b) of 
this AD to clarify that the area subject to the inspections is between 
FS 625 and FS 640. We find that this change does not expand the scope 
of the proposed AD because the area between FS 625 and FS 640 is the 
subject area specified in the Accomplishment Instructions of Bombardier 
Alert Service Bulletin A601R-53-059, Revision `D,' dated July 2, 2003, 
and we stated no intent in the proposed AD to differ from the 
referenced service bulletin in this regard.

[[Page 27830]]

Request To Give Credit for Previous Issues of the Service Bulletin

    Two commenters request that we give credit for inspections and 
repairs accomplished previously per Bombardier Alert Service Bulletin 
A601R-53-059, Revision `B,' dated August 6, 2002; or Revision `C,' 
dated February 3, 2003. The commenters state that the instructions in 
these revisions of the service bulletin do not differ substantially 
from the instructions in Revision `D' of the service bulletin, dated 
July 2, 2003, which the proposed AD refers to as the appropriate source 
of service information.
    We concur and have added a new paragraph (a)(3) to this AD to give 
credit for actions accomplished before the effective date of this AD 
per Revision `B' or `C' of the service bulletin.

Request To Give Credit for Future Revisions of the Service Bulletin

    One commenter requests that we give credit for any future revisions 
of Bombardier Alert Service Bulletin A601R-53-059. The commenter notes 
that this would eliminate the need for operators to apply for approval 
of an AMOC if the service bulletin is revised in the future.
    We do not concur. We cannot approve use of revisions of a service 
document issued after publication of the AD because doing so would 
violate Office of the Federal Register (OFR) regulations for approval 
of materials ``incorporated by reference'' in rules. In general terms, 
we are required by these OFR regulations to either publish the service 
document contents as part of the actual AD language; or submit the 
service document to the OFR for approval as ``referenced'' material, in 
which case we may only refer to such material in the text of an AD. To 
allow operators to use later revisions of the referenced service 
bulletin, we must either revise the AD to reference specific later 
revisions, or operators must request approval to use later revisions as 
an AMOC under the provisions of paragraph (e) of this AD. We have not 
revised this AD in this regard.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Cost Impact

    We estimate that 150 airplanes of U.S. registry will be affected by 
this AD. It will take approximately 1 work hour per airplane to 
accomplish the required inspection, at an average labor rate of $65 per 
work hour. Based on these figures, the cost impact of the required 
inspection on U.S. operators is estimated to be $9,750, or $65 per 
airplane, per inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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 action, if done, would take approximately 
290 work hours, at an average labor rate of $65 per work hour. Required 
parts would be provided by the manufacturer at no charge. Based on 
these figures, we estimate the cost of the optional terminating action 
to be $18,850 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 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 adding the following new airworthiness 
directive:

2004-10-03 Bombardier, Inc. (Formerly Canadair): Amendment 39-13633. 
Docket 2001-NM-321-AD.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes; serial numbers 7003 through 7067 inclusive, and 7069 
through 7782 inclusive; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the engine support beam (ESB), a principal 
structural element, which could result in reduced structural 
integrity of the airplane, accomplish the following:

Service Bulletin References

    (a) The following information pertains to the service bulletin 
referenced in this AD:
    (1) The term ``service bulletin'' as used in this AD, means the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A601R-53-059, excluding Appendix A, Revision `D,' dated July 2, 
2003; and including Appendix B, dated August 6, 2002.
    (2) Although the service bulletin specifies to complete a 
comment sheet related to service bulletin quality, a sheet recording 
compliance with the service bulletin, and an inspection results 
reporting form (located in Appendix A of the service bulletin), and 
submit this information to the manufacturer, this AD does not 
include such a requirement.
    (3) Inspections and repairs accomplished before the effective 
date of this AD per Bombardier Alert Service Bulletin A601R-53-059, 
Revision `B,' dated August 6, 2002; or Revision `C,' dated February 
3, 2003; are acceptable for compliance with the corresponding 
actions required by this AD.

Repetitive Inspections

    (b) Perform an external detailed inspection for cracking of the 
upper and lower web of the ESB between fuselage station (FS) 625 and 
FS 640, according to Part A of the service bulletin. Do the initial 
inspection at the time specified in paragraph (b)(1), (b)(2), or 
(b)(3) of this AD, as applicable. Repeat the inspection thereafter 
at intervals not to exceed 1,100 flight cycles.

[[Page 27831]]

    (1) For airplanes with 7,500 total flight cycles or less as of 
the effective date of this AD: Do the initial inspection prior to 
the accumulation of 8,000 total flight cycles.
    (2) For airplanes with 7,501 total flight cycles or more, but 
11,750 total flight cycles or less, as of the effective date of this 
AD: Do the initial inspection prior to the accumulation of 12,000 
total flight cycles, or within 500 flight cycles after the effective 
date of this AD, whichever is first.
    (3) For airplanes with 11,751 total flight cycles or more as of 
the effective date of this AD: Do the initial inspection within 250 
flight cycles after the effective date of this AD.

    Note 1: 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.''

Repair

    (c) If any crack is found during any inspection performed per 
paragraph (b) of this AD: Before further flight, repair per a method 
approved by either the Manager, New York Aircraft Certification 
Office (ACO), FAA; or Transport Canada Civil Aviation (or its 
delegated agent).

Optional Terminating Action

    (d) Modification of the ESB by accomplishing all actions in 
paragraphs 2.D. and 2.E., and in steps (1) through (40) inclusive of 
paragraph 2.F., of the service bulletin (including an eddy current 
inspection for damage (e.g., cracking) of the fastener holes in the 
flanges that attach the upper and lower forward angles to the upper 
and lower webs; and repair (oversizing the fastener holes to remove 
damage), if necessary) constitutes terminating action for the 
repetitive inspections required by paragraph (b) of this AD. Any 
required repair must be accomplished before further flight.

Alternative Methods of Compliance

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

Incorporation by Reference

    (f) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Bombardier Alert Service Bulletin A601R-53-
059, excluding Appendix A, Revision `D,' dated July 2, 2003, and 
including Appendix B, dated August 6, 2002; which includes the 
following effective pages:

------------------------------------------------------------------------
                                  Revision level
           Page No.               shown on page      Date shown on page
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1-147.........................  D................  July 2, 2003.
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                               Appendix B
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1-14..........................  Original.........  August 6, 2002.
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    This incorporation by reference was 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; 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 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-26R1, dated September 20, 2002.

Effective Date

    (g) This amendment becomes effective on June 21, 2004.

    Issued in Renton, Washington, on May 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10740 Filed 5-14-04; 8:45 am]
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