[Federal Register Volume 69, Number 113 (Monday, June 14, 2004)]
[Proposed Rules]
[Pages 32924-32927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13224]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-11-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 a one-time inspection of the shafts of the main landing gear 
(MLG) side-brace fittings to detect corrosion, and the forward and aft 
bushings in the left-hand and right-hand MLG side-brace fittings to 
detect discrepancies. This proposal also would require corrective and 
related actions if necessary. This action is necessary to prevent 
fractures of the MLG side-brace fitting shafts, and possible collapse 
of the MLG. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by July 14, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-11-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-11-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must

[[Page 32925]]

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-11-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-11-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 there have been reports of 
fractures of the side-brace fitting shafts of the main landing gear 
(MLG). The fractures occurred on Bombardier Model CL-604 series 
airplanes. Investigation revealed that the fractures were caused by 
corrosion on the forward side of the MLG side-brace fitting shafts. 
Fractures of the side-brace fitting shafts, if not corrected, could 
result in collapse of the MLG.
    The subject area on the affected Bombardier Model CL-604 series 
airplanes is almost identical to that on certain Bombardier Model CL-
600-2B19 (Regional Jet Series 100 & 440) airplanes. Therefore, Model 
CL-600-2B19 (Regional Jet Series 100 & 440) airplanes may be subject to 
the same unsafe condition revealed on the Bombardier Model CL-604 
series airplanes. The Model CL-604 series airplanes are the business 
version of the Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. The FAA may consider issuing further rulemaking for the 
affected Model CL-604 series airplanes.

Explanation of Relevant Service Information

    Bombardier has issued Service Bulletin 601R-57-036, Revision `C', 
including Appendix A, dated January 30, 2003, which describes 
procedures for a visual inspection of the shafts of the side-brace 
fittings of the MLG for corrosion; and a visual inspection of the 
forward and aft bushings in the MLG side-brace fittings for 
discrepancies (gouges, scores, corrosion, or other damage). If 
corrosion is found on the MLG side-brace fitting shaft, the corrective 
action is to replace the side-brace fitting shaft with a new or 
serviceable shaft. The service bulletin specifies that operators should 
complete a report detailing the extent of the corrosion, and send it to 
the manufacturer. If the forward and aft bushings in the MLG side-brace 
have any discrepancy, the corrective action is to contact Bombardier 
for replacement instructions.
    Following the inspection and any necessary corrective actions, the 
service bulletin describes related actions that include reconnecting 
the MLG side-brace fitting; installing a new improved nut having a new 
part number; and performing a functional test of the MLG extension/
retraction system.
    TCCA classified this service bulletin as mandatory and issued 
Canadian airworthiness directive CF-2002-41, dated September 20, 2002, 
to ensure the continued airworthiness of these airplanes in Canada.

FAA's Conclusions

    These airplane models are manufactured in Canada and are 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 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 require accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed below.

Differences Among the Proposed AD, the Service Bulletin, and the 
Canadian Airworthiness Directive

    Although the Canadian airworthiness directive and the service 
bulletin specify that operators may contact Bombardier for certain 
replacement instructions, this proposed AD would require operators to 
replace per a method approved by either the FAA or the TCCA (or its 
delegated agent). In light of the type of replacement that would be 
required to address the unsafe condition, and consistent with existing 
bilateral airworthiness agreements, we have determined that, for this 
proposed AD, a replacement approved by either the FAA or the TCCA would 
be acceptable for compliance with this proposed AD.

[[Page 32926]]

    The Canadian airworthiness directive mandates, and the Bombardier 
service bulletin recommends, compliance at the next scheduled ``C-
check,'' but no later than June 30, 2004. Because ``C-check'' schedules 
vary among operators, this proposed AD would require compliance within 
4,000 flight cycles or 20 months after the effective date of this AD, 
whichever occurs first. We find that 4,000 flight cycles or 20 months 
is appropriate for affected airplanes to continue to operate without 
compromising safety.
    Although the Canadian airworthiness directive refers to an 
inspection of the bore surface of the bushing for roughness, this 
proposed AD would not include this inspection. This inspection was 
removed from Revision `C' of Bombardier Service Bulletin 601R-57-036, 
which is the source of service information for the actions in this 
proposed AD.
    The Canadian airworthiness directive does not include the 
functional test of the MLG extension/retraction system as part of the 
corrective actions. However, this test is included in Revision `C' of 
Bombardier Service Bulletin 601R-57-036. Therefore, this proposed AD 
would include this test as part of the related actions following any 
necessary replacement of a side-brace fitting and following the 
inspections. This test is also included in the Cost Impact estimate of 
this proposed AD.
    These differences have been coordinated with TCCA.

Clarification of Inspection Type

    The Canadian airworthiness directive refers to the required 
inspections as ``visual inspections.'' In this proposed AD, we refer to 
these inspections as ``general visual inspections.'' Note 1 of this 
proposed AD defines this type of inspection.

Interim Action

    This proposed AD is considered to be interim action. The inspection 
reports that are required by this proposed AD will enable the 
manufacturer to obtain better insight into the nature, cause, and 
extent of the corrosion of the shafts of the MLG side-brace fittings, 
and eventually to develop final action to address the unsafe condition. 
Once final action has been identified, we may consider further 
rulemaking.

Cost Impact

    We estimate that 462 airplanes of U.S. registry would be affected 
by this proposed AD, that it would take approximately 5 work hours per 
airplane to accomplish the proposed inspections and functional test, 
and that the average labor rate is $65 per work hour. Based on these 
figures, the cost impact of the inspection proposed by this AD on U.S. 
operators is estimated to be $150,150, or $325 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.

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-11-AD.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes, serial numbers 7003 through 7651 inclusive; certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fractures of the main landing gear (MLG) side-brace 
fitting shafts, and possible collapse of the MLG, accomplish the 
following:

Inspections, Corrective Actions, and Related Actions

    (a) Within 20 months or 4,000 flight cycles after the effective 
date of this AD, whichever occurs first: Do a general visual 
inspection of the shafts of the side-brace fittings of the MLG for 
corrosion, and of the forward and aft bushings in the left-hand and 
right-hand MLG side-brace fittings for discrepancies (gouges, 
scores, corrosion, or other damage); and any applicable corrective 
and related actions. Do all of the actions per the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-57-036, Revision 
`C', including Appendix A, dated January 30, 2003. Do any applicable 
corrective and related actions prior to further flight. Where the 
service bulletin specifies to contact the manufacturer for certain 
replacement instructions: Before further flight, replace 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).

    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Reporting

    (b) Submit a report of any corrosion of the shafts of the side-
brace fittings of the MLG found during the inspections required by 
paragraph (a) of this AD to the Bombardier Technical Help Desk at 
fax number (514) 833-8501. Submit the report at the applicable time 
specified in paragraph (b)(1) or (b)(2) of this AD. Submission of 
the Field-Report Data Sheet in Appendix A of the service bulletin is 
an acceptable method for complying with this requirement. Include 
the inspection results (including the percentage of the corrosion), 
a digital photo of the shafts (if available), the location (zone) in 
which the

[[Page 32927]]

corrosion is found, the serial number of the airplane, the name of 
the inspector, the service bulletin number, and the date of the 
inspection. 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 the inspections are done after the effective date of this 
AD: Submit the report within 30 days after the inspection.
    (2) If the inspections were done prior to the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

Actions Accomplished Per Previous Issue of Service Bulletin

    (c) Actions accomplished before the effective date of this AD 
per Bombardier Service Bulletin 601R-57-036, Revision `A', including 
Appendix A, dated May 17, 2002; or Revision `B', including Appendix 
A, dated July 4, 2002; are considered acceptable for compliance with 
the corresponding actions specified in this AD.

Alternative Methods of Compliance

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

    Note 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2002-41, dated September 20, 2002.


    Issued in Renton, Washington, on June 3, 2004.
Franklin Tiangsing,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-13224 Filed 6-10-04; 8:45 am]
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