[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Rules and Regulations]
[Pages 35987-35989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12000]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19754; Directorate Identifier 2004-NM-181-AD; 
Amendment 39-14138; AD 2005-13-02]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700 & 701) Series Airplanes, and Model CL-600-2D24 (Regional 
Jet Series 900) Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier Model CL-600-2C10 (Regional Jet series 700 & 701) 
series airplanes, and Model CL-600-2D24 (Regional Jet series 900) 
series airplanes. This AD requires revising the Airworthiness 
Limitations section of the Instructions of Continued Airworthiness by 
incorporating new repetitive inspections and an optional terminating 
action for the repetitive inspections, and repairing any crack. This AD 
is prompted by reports of hydraulic pressure loss in either the number 
1 or number 2 hydraulic system due to breakage or leakage of hydraulic 
lines in the aft equipment bay and reports of cracks on the aft 
pressure bulkhead web around these feed-through holes. We are issuing 
this AD to prevent loss of hydraulic pressure, which could result in 
reduced controllability of the airplane, and to detect and correct 
cracks on the aft pressure bulkhead web, which could result in reduced 
structural integrity of the aft pressure bulkhead.

DATES: This AD becomes effective July 27, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of July 
27, 2005.

ADDRESSES: 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.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. 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 U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-19754; the directorate 
identifier for this docket is 2004-NM-181-AD.

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: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Bombardier Model CL-600-2C10 (Regional Jet 
series 700 & 701) series airplanes, and Model CL-600-2D24 (Regional Jet 
series 900) series airplanes. That action, published in the Federal 
Register on December 1, 2004 (69 FR 69842), proposed to require 
revising the Airworthiness Limitations section of the Instructions of 
Continued Airworthiness by incorporating new repetitive inspections and 
an optional terminating action for the repetitive inspections, and 
repairing any crack.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Request To Remove Airplanes From the Applicability

    One commenter requests that certain airplane serial numbers be 
excluded from the applicability specified in paragraph (c) of the 
proposed AD. The commenter states that the inspection of the hydraulic 
tube adapters specified in Bombardier CRJ 700/900 Series Temporary 
Revision (TR) MRM2-129, dated June 1, 2004 (referenced in the proposed 
AD as the appropriate source of service information), should be 
applicable to Bombardier Model CL-600-2C10 (Regional Jet Series 700 & 
701) series airplanes having serial numbers 10003 through 10099 
inclusive, since Modification Summary 670T11944 was introduced in 
production at serial number 10100. The commenter also states the two 
remaining inspections of the bulkhead assembly and pylon pressure pan 
specified in TR MRM2-129 should be applicable to only airplanes having 
serial numbers 10003 through 10156 inclusive, since Modification 
Summary 670T11508 was incorporated in production at serial number 
10157.
    We agree. Bombardier CRJ 700/900 Series MRM2-129, dated June 1, 
2004, identifies Modification Summaries 670T00494 or 670T11944; and 
Modification Summary 670T11508 or Bombardier Service Bulletin 670BA-29-
008, dated March 12, 2004, or Revision A, dated May 5, 2004; as 
terminating modification for the applicable repetitive inspections. 
Therefore, we have revised the applicability of this AD to ``exclud[e] 
those airplanes on which Modification Summaries 670T00494 or 670T11944; 
and Modification Summary 670T11508 or Bombardier Service Bulletin 
670BA-29-008, dated March 12, 2004, or Revision A, dated May 5, 2004); 
has been incorporated in production.''

Request To Refer to Latest Revision of Maintenance Requirement Manual

    One commenter requests that paragraph (f) of the proposed AD refer 
to Revision 4, dated September 9, 2004, of the general revisions of the 
Maintenance Requirement Manual instead of Bombardier CRJ 700/900 Series 
TR MRM2-129, dated June 1, 2004. The commenter states that TR MRM2-129 
was superseded by Revision 4 of the general revisions before

[[Page 35988]]

publication of the NPRM in the Federal Register.
    We contacted the commenter to get clarification about its request. 
In an e-mail response, the commenter states that its Maintenance 
Requirement Manual no longer contains TR MRM2-129, because it has been 
superseded by Revision 4 of the general revisions. The commenter also 
states that there are differences between the two documents and 
provides an example of such a difference.
    We do not agree with the commenter's request to revise paragraph 
(f) of the AD. We acknowledge that, once TR MRM2-129 is incorporated 
into the general revisions of the Maintenance Requirement Manual, it is 
void and no longer exists. It is impossible for us to ascertain the 
revision level of the general revisions at which the contents of a TR 
will be incorporated and to anticipate when that will be done. 
Therefore, we find it appropriate to refer to TR MRM2-129 in paragraph 
(f) of the AD. It should be noted that we attempted to address 
incorporation of the contents of TR MRM2-129 into the general revisions 
in paragraph (h) of the proposed AD, which states, ``When the 
information in TR MRM2-129, dated June 1, 2004, is included in the 
general revisions of the Maintenance Requirement Manual, this TR may be 
removed.'' However, we find that clarification is necessary and have 
revised paragraph (h) to read ``When the information in TR MRM2-129, 
dated June 1, 2004, is included in the general revisions of the 
Maintenance Requirement Manual, the general revisions may be inserted 
into the Airworthiness Limitations section of the Instructions of 
Continued Airworthiness and this TR may be removed.''

Request To Revise Compliance Time for Paragraph (h)(2) of the NPRM

    One commenter requests that a subparagraph be added to paragraph 
(h) of the proposed AD stating, ``Within 30 days after the effective 
date of this AD for cracks previously repaired revise the Airworthiness 
Limitations section of the Maintenance Requirement Manual as stated in 
(h)(2).'' The commenter notes that paragraph (h) of the proposed AD 
does not address airplanes that were previously repaired.
    A second commenter requests that paragraph (h)(2) of the proposed 
AD be extended from ``Within 30 days after repairing any crack * * *'' 
to ``Within 30 days after receiving any new inspection requirements for 
repairs * * *.'' The commenter states that it has experienced cases 
where the airplane manufacturer has exceeded 12 months for damage 
tolerance evaluations of its repairs.
    We agree with the first commenter that paragraph (h)(2) of the 
proposed AD does not address airplanes that have been repaired before 
the effective date of this AD. The specified compliance time of 
``within 30 days after repairing any crack in accordance with paragraph 
(h)(1) of this AD'' would ground those airplanes on the effective of 
this AD. We also agree with the second commenter to extend the 
compliance time of paragraph (h)(2) of the AD, but do not agree with 
the commenter's suggested compliance time. We have determined that the 
new inspection requirements are not always readily available after a 
repair. We have consulted with TCCA and determined that a 12-month 
compliance time is an adequate amount of time for operators to 
incorporate the new inspection criteria. Therefore, we have revised 
paragraph (h)(2) of the AD by including two new subparagraphs for the 
revised compliance time. The revised compliance time is as follows:
     If the repair required by paragraph (h)(1) of this AD is 
done after the effective date of this AD: Revise the Airworthiness 
Limitations section within 12 months after the repair.
     If the repair required by paragraph (h)(1) of this AD was 
accomplished before the effective date of this AD: Revise the 
Airworthiness Limitations section within 12 months after the repair or 
30 days after the effective date of this AD, whichever occurs later.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD 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.

Costs of Compliance

    This AD will affect about 116 airplanes of U.S. registry. The 
required actions will take about 1 work hour per airplane, at an 
average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the AD for U.S. operators is $7,540, or $65 per 
airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

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 this AD:
    (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.
    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):


[[Page 35989]]


2005-13-02 Bombardier, Inc. (Formerly Canadair): Amendment 39-14138. 
Docket No. FAA-2004-19754; Directorate Identifier 2004-NM-181-AD.

Effective Date

    (a) This AD becomes effective July 27, 2005.

Affected ADs

    (b) None.
    Applicability: (c) This AD applies to the airplanes listed in 
Table 1 of this AD, certificated in any category, excluding those 
airplanes on which Modification Summaries 670T00494 or 670T11944; 
and Modification Summary 670T11508 or Bombardier Service Bulletin 
670BA-29-008, dated March 12, 2004, or Revision A, dated May 5, 
2004; has been incorporated in production.

                         Table 1.--Applicability
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       Bombardier model                      Serial numbers
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(1) CL-600-2C10 (Regional Jet  10003 through 10999 inclusive.
 Series 700 & 701) series
 airplanes.
(2) CL-600-2D24 (Regional Jet  15001 through 15990 inclusive.
 Series 900) series airplanes.
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Unsafe Condition

    (d) This AD was prompted by reports of hydraulic pressure loss 
in either the number 1 or number 2 hydraulic system due to breakage 
or leakage of hydraulic lines in the aft equipment bay and reports 
of cracks on the aft pressure bulkhead web around these feed-through 
holes. We are issuing this AD to prevent loss of hydraulic pressure, 
which could result in reduced controllability of the airplane, and 
to detect and correct cracks on the aft pressure bulkhead web, which 
could result in reduced structural integrity of the aft pressure 
bulkhead.
    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.

Revision of Airworthiness Limitations Section

    (f) Within 30 days after the effective date of this AD, revise 
the Airworthiness Limitations section of the Instructions of 
Continued Airworthiness by inserting a copy of the new repetitive 
inspections and an optional terminating action of Bombardier CRJ 
700/900 Series Temporary Revision (TR) MRM2-129, dated June 1, 2004, 
into Section 1.4, Part 2 (Airworthiness Limitations), of Bombardier 
Regional Jet Model CL-600-2C10 and CL-600-2D24 Maintenance 
Requirements Manual, CSP B-053. Thereafter, except as provided in 
paragraph (h)(2) or (i) of this AD, no alternative structural 
inspection intervals may be approved for this aft pressure bulkhead 
and pylon pressure pan in the vicinity of the hydraulic fittings and 
the hydraulic tube adapters.
    (g) When the information in TR MRM2-129, dated June 1, 2004, is 
included in the general revisions of the Maintenance Requirement 
Manual, the general revisions may be inserted into the Airworthiness 
Limitations section of the Instructions of Continued Airworthiness 
and this TR may be removed.

Corrective Action

    (h) If any crack is found during any inspection done in 
accordance with Bombardier CRJ 700/900 Series TR MRM2-129, dated 
June 1, 2004, or the same inspection specified in the general 
revisions of the Maintenance Requirement Manual, do the actions 
specified in paragraphs (h)(1) and (h)(2) of this AD.
    (1) Before further flight, repair the crack in accordance with a 
method approved by either the Manager, New York Aircraft 
Certification Office (ACO), FAA; or Transport Canada Civil Aviation 
(TCCA) (or its delegated agent).
    (2) At the applicable time specified in paragraph (h)(2)(i) or 
(h)(2)(ii) of this AD, revise the Airworthiness Limitations section 
of the Instructions of Continued Airworthiness by inserting a copy 
of the inspection requirements for the repair required by paragraph 
(h)(1) of this AD into Section 1.4, Part 2 (Airworthiness 
Limitations), of Bombardier Regional Jet Model CL-600-2C10 and CL-
600-2D24 Maintenance Requirements Manual, CSP B-053. Thereafter, 
except as provided in paragraph (i) of this AD, no alternative 
structural inspection intervals may be approved for this aft 
pressure bulkhead and pylon pressure pan in the vicinity of the 
hydraulic fittings, and the hydraulic tube adapters.
    (i) If the repair required by paragraph (h)(1) of this AD is 
done after the effective date of this AD: Revise the Airworthiness 
Limitations section within 12 months after the repair.
    (ii) If the repair required by paragraph (h)(1) of this AD was 
accomplished before the effective date of this AD: Revise the 
Airworthiness Limitations section within 12 months after the repair 
or 30 days after the effective date of this AD, whichever occurs 
later.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, New York 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

    (j) Canadian airworthiness directive CF-2004-14, dated July 20, 
2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use Bombardier CRJ 700/900 Series Temporary 
Revision MRM2-129, dated June 1, 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. To get copies of the service information, contact 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, Montreal, Quebec H3C 3G9, Canada. To view the AD 
docket, contact the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC. To review copies of the service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at the 
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 June 10, 2005.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12000 Filed 6-21-05; 8:45 am]
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