[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Rules and Regulations]
[Pages 59790-59793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22266]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19229; Directorate Identifier 2004-NM-195-AD; 
Amendment 39-13814; AD 2004-20-09]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This AD requires repetitive inspections for cracks, sealant 
damage, and corrosion of the main fittings of the main landing gear 
(MLG), and corrective actions if necessary. This AD is prompted by a 
report of a cracked main fitting of the MLG. We are issuing this AD to 
detect and correct fatigue cracking of the main fitting of the MLG and 
consequent failure of the main fitting, which could result in the 
collapse of the MLG.

DATES: Effective October 21, 2004.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of 
October 21, 2004.
    We must receive comments on this AD by December 6, 2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Bombardier, 
Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, 
Montreal, Quebec H3C 3G9, Canada. You can examine this information 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.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC.

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

FOR FURTHER INFORMATION CONTACT:
    Technical information: 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.
    Plain language information: Marcia Walters, [email protected].

SUPPLEMENTARY INFORMATION: 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 it has 
received a report of a cracked main fitting of the main landing gear 
(MLG) at the section between the forward face of the main fitting on 
the trunnion side and the area just above the upper attach lug radius 
of the shock strut. Laboratory examination has found that the fatigue 
crack was initiated from a corrosion pit located on the chamfer of the 
inner bore of the pintle pin socket of the main fitting of the MLG. 
This condition, if not detected and corrected in a timely manner, could 
cause failure of the main fitting of the MLG, which could result in the 
collapse of the MLG.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin A601R-32-099, 
including Appendices A through D, dated September 15, 2004. The service 
bulletin describes the following procedures:
     Repetitive detailed inspections for cracks of the inboard 
and outboard sides

[[Page 59791]]

of the main fitting of the MLG between the pintle pin trunnion and the 
radius of the shock strut lug;
     Repetitive detailed inspections for sealant damage or 
corrosion around the forward bushing of the left and right main 
fittings of the MLG;
     Repetitive ultrasonic inspections for cracks of the left 
and right main fittings of MLG; and
     Corrective actions if necessary. The corrective actions 
include replacing any cracked main fitting of the MLG with a new or 
serviceable main fitting; doing an eddy current inspection to verify 
that there is a crack on the fitting if necessary; and repeating 
certain inspections described previously at reduced intervals; as 
applicable.
    TCCA mandated the service bulletin and issued Canadian 
airworthiness directive CF-2004-18, dated September 16, 2004, to ensure 
the continued airworthiness of these airplanes in Canada.

FAA's Determination and Requirements of This AD

    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, TCAA has kept the FAA informed of 
the situation described above. We have examined TCCA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to detect and correct fatigue 
cracking of the main fitting of the MLG and consequent failure of the 
main fitting, which could result in the collapse of the MLG. This AD 
requires accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Between 
the AD and Referenced Service Bulletin/Canadian Airworthiness 
Directive.''

Differences Between the AD and Referenced Service Bulletin/Canadian 
Airworthiness Directive

    Operators should note that, although the Accomplishment 
Instructions of the referenced service bulletin describe procedures for 
reporting crack indications, returning cracked parts to Messier Dowty, 
and submitting a comment sheet related to service bulletin quality and 
a sheet recording compliance with the service bulletin, this AD, like 
Canadian airworthiness directive CF-2004-18, will not require those 
actions. We do not need this information from operators.
    In addition, if there is evidence of sealant damage or corrosion, 
the referenced service bulletin describes procedures for accomplishing 
only the ultrasonic inspection at intervals not to exceed 500 flight 
cycles. This AD, as well as the Canadian airworthiness directive, 
requires repeating the detailed inspection of the main fitting lateral 
surface within 5 days following the visual inspection of the sealant, 
and every 5 days thereafter, in addition to the ultrasonic inspections 
of the main fittings within 500 flight cycles.
    Canadian airworthiness directive CF-2004-18 specifies that the 
required actions must be done in accordance with Bombardier Alert 
Service Bulletin A601R-32-099, dated September 15, 2004, or ``later 
revisions approved by the Chief, Continuing Airworthiness, Aircraft 
Certification, Transport Canada.'' We cannot use the phrase, ``or later 
FAA-approved revisions,'' in an AD when referring to the service 
document because doing so violates 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. The AD may refer to the service document 
only if the OFR approved it for ``incorporation by reference.'' To 
allow operators to use later revisions of the referenced document 
(issued after publication of the AD), either we must revise the AD to 
reference specific later revisions, or operators must request approval 
to use later revisions as an alternative method of compliance with this 
AD under the provisions of paragraph (m) of this AD.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time we may consider further rulemaking.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2004-19229; 
Directorate Identifier 2004-NM-195-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of our docket 
web site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You can review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you can visit 
http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications with you. You can get more information about plain 
language at http://www/faa.gov/language and http://www.plainlanguage.gov.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that the 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. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities

[[Page 59792]]

under the criteria of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2004-20-09 Bombardier, Inc. (Formerly Canadair): Amendment 39-13814. 
Docket No. FAA-2004-19229; Directorate Identifier 2004-NM-195-AD.

Effective Date

    (a) This AD becomes effective October 21, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, serial numbers 7003 through 7067 
inclusive and 7069 through 8999 inclusive, certificated in any 
category; equipped with main landing gear (MLG) main fittings, part 
number (P/N) 601R85001-3 or -4 (Messier Dowty P/N 17064-101, -102, -
103, or -104).

Unsafe Condition

    (d) This AD was prompted by a report of a cracked main fitting 
of the MLG. The FAA is issuing this AD to detect and correct fatigue 
cracking of the main fitting of the MLG and consequent failure of 
the main fitting, which could result in the collapse of the MLG.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Service Bulletin

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A601R-32-099, including Appendices A, B, and D, and excluding 
Appendix C, dated September 15, 2004.

Initial Inspections

    (g) Do the actions specified in Table 1 of this AD.

                      Table 1.--Initial Inspections
------------------------------------------------------------------------
                     Do--                          At the latest of--
------------------------------------------------------------------------
(1) A detailed inspection for cracks of the    (i) Before the
 inboard and outboard sides of the main         accumulation of 8,000
 fitting of the MLG between the pintle pin      total flight cycles
 trunnion and the radius of the shock strut     since the main fitting
 lug, in accordance with Part A of the          of the MLG was new.
 service bulletin.                             (ii) Within 8,000 flight
                                                cycles since the last
                                                overhaul of the MLG.
                                               (iii) Within 50 flight
                                                cycles after the
                                                effective date of this
                                                AD.
(2) A detailed inspection for sealant damage   (i) Before the
 or corrosion around the forward bushing of     accumulation of 8,000
 the left and right main fittings of the MLG,   total flight cycles
 in accordance with Part B of the service       since the main fitting
 bulletin.                                      of the MLG was new.
                                               (ii) Within 8,000 flight
                                                cycles since the last
                                                overhaul of the MLG.
                                               (iii) Within 500 flight
                                                cycles after the
                                                effective date of this
                                                AD.
(3) An ultrasonic inspection for cracks of     (i) Before the
 the left and right main fittings of the MLG,   accumulation of 8,000
 in accordance with Part C of the service       total flight cycles
 bulletin.                                      since the main fitting
                                                of the MLG was new.
                                               (ii) Within 8,000 flight
                                                cycles since the last
                                                overhaul of the MLG.
                                               (iii) Within 500 flight
                                                cycles after the
                                                effective date of this
                                                AD.
------------------------------------------------------------------------


    Note 1: For the purposes of this AD, a detailed inspection is 
``an intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirrors magnifying lenses, etc. may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Repetitive Inspections

    (h) Repeat the inspections required by paragraph (g) of this AD 
at the time specified in Table 2 of this AD.

                Table 2.--Repetitive Inspection Interval
------------------------------------------------------------------------
                                       Repeat at
For the inspection required by--   intervals not to    Until the action
                                       exceed--          required by--
------------------------------------------------------------------------
(1) Paragraph (g)(1) of this AD.  5 days............  Paragraph (g)(3)
                                                       of the AD is
                                                       done, unless
                                                       required by
                                                       paragraph (j) of
                                                       this AD.
(2) Paragraph (g)(2) of this AD.  500 flight cycles.  Paragraph (j)(2)
                                                       of this AD is
                                                       done.
(3) Paragraph (g)(3) of this AD.  5,000 flight        (None).
                                   cycles, except as
                                   required by
                                   paragraph (j)(2)
                                   of this AD.
------------------------------------------------------------------------


[[Page 59793]]

Corrective Actions

    (i) If there is an indication of a crack during any inspection 
required by paragraph (g)(1), (h)(1), or (j)(1) of this AD, before 
further flight, do the actions specified in paragraphs (i)(1) or 
(i)(2) of this AD in accordance with Part A of the service bulletin.
    (1) Replace the cracked main fitting of the MLG with a new or 
serviceable main fitting.
    (2) Do an eddy current inspection to verify whether there is a 
crack. If there is a crack, replace the cracked main fitting of the 
MLG with a new or serviceable main fitting.
    (j) If any sealant damage or corrosion is found during any 
inspection required by either paragraph (g)(2) or (h)(2) of this AD, 
do the actions specified in Table 3 of this AD in accordance with 
Part B of the service bulletin.

                          Table 3.--Corrective Actions for Sealant Damage or Corrosion
----------------------------------------------------------------------------------------------------------------
                                                                Repeat at intervals not      Until the action
   Do the inspection specified in--            Within--               to  exceed--            specified in--
----------------------------------------------------------------------------------------------------------------
(1) Paragraph (g)(1) of this AD......  5 days after doing the   5 days.................  Paragraph (j)(2) of
                                        inspection required by                            this AD is done.
                                        paragraph (g)(2) or
                                        (h)(2) of this AD, as
                                        aplicable.
(2) Paragraph (g)(3) of this AD......  500 flight cycles after  500 flight cycles......  (None).
                                        doing the inspection
                                        required by paragraph
                                        (g)(2) or (h)(2) of
                                        this AD, as applicable.
----------------------------------------------------------------------------------------------------------------

    (k) If there is an indication of a crack during any inspection 
required by paragraph (g)(3), (h)(3), or (j)(2) of this AD, before 
further flight, replace the cracked main fitting of the MLG with a 
new or serviceable main fitting in accordance with Part C of the 
service bulletin.

No Reporting or Returning of Parts

    (l) Although the service bulletin referenced in this AD 
specifies to submit certain information to the airplane manufacturer 
and to return cracked main fittings to the supplier, this AD does 
not include those requirements.

Alternative Methods of Compliance (AMOCs)

    (m) The Manager, New York Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

Related Information

    (n) Canadian airworthiness directive CF-2004-18, dated September 
16, 2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (o) You must use Bombardier Alert Service Bulletin A601R-32-099, 
including Appendices A, B, and D, and excluding Appendix C, dated 
September 15, 2004, to perform the actions that are required by this 
AD, unless the AD specifies otherwise. The Director of the Federal 
Register approves the incorporation by reference of this document in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of the 
service information, contact Bombardier, Inc., Canadair, Aerospace 
Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 
3G9, Canada. You can review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW, 
room PL-401, Nassif Building, Washington, DC; 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.

    Issued in Renton, Washington, on September 27, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service
[FR Doc. 04-22266 Filed 10-5-04; 8:45 am]
BILLING CODE 4910-13-P