[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Rules and Regulations]
[Pages 41421-41423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15511]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-149-AD; Amendment 39-13725; AD 2004-14-16]
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 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 action also requires 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: Effective August 13, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of August 13, 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 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.

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) 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 March 17, 2004 (69 FR 12587). That action proposed 
to 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. That action also 
proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Change Fax Number for Reporting Requirement

    One commenter, the manufacturer, requests that the fax number for 
reporting inspection results, as specified in paragraph (f) of the 
proposed AD, be revised.
    The FAA agrees. We have revised the fax number specified in 
paragraph (f) of the final rule accordingly.

Request To Require Reporting of Only Positive Eddy Current Inspection 
Findings

    The other commenter requests that the reporting requirement of the 
proposed AD be changed to require reporting of only the positive eddy 
current inspection findings. The commenter states that the repetitive 
detailed inspection interval of every 100 flight hours occurs within 
one week for many operators. Additionally, it estimates that there will 
be nearly 15,000 positive and negative findings as a result of the 
current requirement, an amount it considers to be excessive for the 
manufacturer's review and analysis of relevant data. The commenter 
asserts that reporting negative findings would serve no useful purpose.
    We agree with the commenter that reporting of negative findings 
serves no useful purpose. Also, Transport Canada Civil Aviation, which 
is the airworthiness authority for Canada, has informed us that 
reporting of the positive findings of only the eddy current inspections 
is sufficient for the requirements of this AD. Therefore, we have 
changed paragraph (f) of the final rule accordingly.

Editorial Change

    In the heading for paragraph (d) of the proposed rule, we 
inadvertently added the words ``* * *and Serving If Necessary.'' For 
clarification purposes, we have removed that phrase from the final 
rule.

Conclusion

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

Cost Impact

    The FAA estimates that 288 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 4 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $65 per work hour. Based on these figures, the cost impact of 
the 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 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,

[[Page 41422]]

planning time, or time necessitated by other administrative actions. 
Manufacturer warranty remedies may be available for certain labor costs 
associated with this AD. As a result, the costs attributable to the AD 
may be less than stated above.

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:

2004-14-16 Bombardier, Inc. (Formerly Canadair): Amendment 39-13725. 
Docket 2003-NM-149-AD.

    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

    (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 any positive finding of any eddy current 
inspection done per paragraph (b) or (c) of this AD, after each such 
inspection required by this AD, to Bombardier Aerospace, In-Service 
Engineering, attention Jean Gauthier, fax (514) 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 eddy current inspection is done after the effective 
date of this AD: Submit the report within 30 days after the 
applicable inspection.
    (2) If any eddy current inspection was done 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, 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.

Incorporation by Reference

    (i) The actions shall be done in accordance with Bombardier 
Alert Service Bulletin

[[Page 41423]]

A601R-32-088, including Appendices A, B, and C, dated February 20, 
2003. 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; 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 directive CF-2003-09, dated April 23, 2003.

Effective Date

    (j) This amendment becomes effective on August 13, 2004.

    Issued in Renton, Washington, on June 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-15511 Filed 7-8-04; 8:45 am]
BILLING CODE 4910-13-P