[Federal Register Volume 69, Number 216 (Tuesday, November 9, 2004)]
[Rules and Regulations]
[Pages 64856-64858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24629]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-11-AD; Amendment 39-13851; AD 2004-22-23]
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 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 AD also requires 
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: Effective December 14, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of December 14, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Bombardier, Inc., Canadair, Aerospace Group, PO 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) 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 June 14, 2004 (69 FR 32924). That action proposed 
to 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. That action also proposed to require corrective 
and related actions if necessary.

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 for Credit for Actions Done per the Original Issue of the 
Service Bulletin

    One commenter requests that actions done per the original issue of 
Bombardier Service Bulletin 601R-57-036 be considered acceptable for 
compliance with the corresponding actions in the proposed AD. The 
commenter notes that Revisions A and B of the service bulletin are 
mentioned in paragraph (c) of the proposed AD as being acceptable for 
compliance with the corresponding actions but the paragraph does not 
state that actions done per the original issue are considered 
acceptable for compliance with the corresponding actions.
    The FAA agrees that actions done per the original issue of the 
service bulletin are considered acceptable for compliance with the 
corresponding actions of the final rule. Revision C of the service 
bulletin, cited as the appropriate source of service information for 
the final rule, specifies that no additional action is needed for 
airplanes on which actions were done per previous issues of the service 
bulletin. We have revised paragraph (c) of the final rule accordingly.

Request To Remove Reference to Functional Test

    The same commenter requests that references to the functional test 
in the proposed AD need not be specified. The commenter states that the 
``Explanation of Requirements of Proposed AD'' paragraph of the 
proposed AD specifies that the Canadian airworthiness directive CF-
2002-41, dated September 20, 2002, does not include the

[[Page 64857]]

requirement for a functional test of the MLG system, and that the 
functional test is included in Revision C of the service bulletin. The 
commenter contends that someone may then believe that the functional 
test is not a part of the original issue, Revision A, or Revision B of 
the service bulletin. The commenter notes that the functional test is 
included in the work instructions of all issues of the service 
bulletin.
    We partially agree with the commenter's request. We acknowledge 
that the functional test is included in all revisions of the service 
bulletin. We referenced only Revision C of the service bulletin in the 
preamble of the proposed AD because it is cited as the appropriate 
source of service information. Our intent was to explain a 
``difference'' between the Canadian airworthiness directive and the 
proposed AD in that the Canadian airworthiness directive does not 
specifically call out the functional test. We confirmed with Transport 
Canada Civil Aviation (TCCA), which is the airworthiness authority for 
Canada, that operators are expected to do the functional test and that 
this AD will call attention to accomplishing the functional test. We do 
not find that any further clarification is needed. Since the references 
to the functional test are in certain parts of the preamble of the 
proposed AD that are not restated in the final rule, we have made no 
change to the final rule regarding this issue.

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.

Interim Action

    This AD is considered to be interim action. The inspection reports 
that are required by this 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 will be affected by 
this AD, that it will take approximately 5 work hours per airplane to 
accomplish the required inspections and functional test, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the actions required 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 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 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:

2004-22-23 Bombardier, Inc. (Formerly Canadair): Amendment 39-13851. 
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 in accordance with 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 before 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

[[Page 64858]]

corrosion), a digital photo of the shafts (if available), the 
location (zone) in which the 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 before 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 in 
accordance with Bombardier Service Bulletin 601R-57-036, including 
Appendix A, dated April 30, 2002; 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.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Bombardier Service Bulletin 601R-57-036, 
Revision ``C'', including Appendix A, dated January 30, 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 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2002-41, dated September 20, 2002.

Effective Date

    (f) This amendment becomes effective on December 14, 2004.

    Issued in Renton, Washington, on October 20, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24629 Filed 11-8-04; 8:45 am]
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