[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Proposed Rules]
[Pages 36075-36078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12302]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21595; Directorate Identifier 2002-NM-321-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-215-1A10 (Water 
Bomber), CL-215-6B11 (CL215T Variant), and CL-215-6B11 (CL415 Variant) 
Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Bombardier Model CL-215-1A10 
(Water Bomber), CL-215-6B11 (CL215T Variant), and CL-215-6B11 (CL415 
Variant) series airplanes. The existing AD currently requires 
repetitive ultrasonic inspections to detect cracking of the lower caps 
of the wing front spar and rear spar, and corrective action if 
necessary. This proposed AD would reduce the threshold to do the 
initial inspections and revise the repetitive inspection interval. This 
proposed AD also adds a repetitive ultrasonic inspection of the wing 
lower skin. This proposed AD is prompted by reports of cracks in the 
front and rear spar lower caps. We are proposing this AD to detect and 
correct cracking of the lower caps of the wing front spar and rear 
spar, which could result in reduced structural integrity of the 
airplane.

DATES: We must receive comments on this proposed AD by July 22, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed 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 proposed AD, contact 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, Montreal, Quebec H3C 3G9, Canada.
    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. This 
docket number is FAA-2005-21595; the directorate identifier for this 
docket is 2002-NM-321-AD.

FOR FURTHER INFORMATION CONTACT: David Lawson, 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) 228-7327; fax (516) 794-5531.

[[Page 36076]]


SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-21595; 
Directorate Identifier 2002-NM-321-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed 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 proposed 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.

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.

Discussion

    On February 4, 1998, we issued AD 98-04-08, amendment 39-10321 (63 
FR 7640, February 17, 1998), for certain Bombardier Model CL-215-1A10 
(Water Bomber) and CL-215-6B11 (CL215T Variant), and CL-215-6B11 (CL415 
Variant) series airplanes, to require repetitive ultrasonic inspections 
to detect cracking of the lower caps of the wing front and rear spars, 
and corrective action if necessary. That action was prompted by 
Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, issuing mandatory continuing airworthiness 
information to detect and correct cracking of the lower caps of the 
wing front spar and rear spar, which could result in reduced structural 
integrity of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 98-04-08, cracks were found in the front and 
rear spar caps at wing station 51 on several in-service airplanes. Some 
cracks propagated through the rear spar cap and fail-safe straps into 
the rear spar web and lower wing skin. As a result of these cracks, 
TCCA issued Canadian airworthiness directives CF-1992-26R1, dated 
September 24, 2002, and CF-1993-07R1, dated September 25, 2002, to 
ensure the continued airworthiness of these airplanes in Canada. The 
revised Canadian airworthiness directives mandate initial ultrasonic 
inspections to detect cracking of the lower caps of the wing front and 
rear spars for airplanes with 2,500 or more flight hours or 8,000 or 
more water drops; and repair of any cracked spar before further flight. 
Canadian airworthiness directive CF-1992-26R1 also adds an ultrasonic 
inspection to detect cracking of the wing lower skin.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin 215-A454, Revision 3, 
dated March 13, 2001; and Alert Service Bulletin 215-A463, Revision 2, 
dated March 13, 2001. Revision 1 of the service bulletins was 
referenced in the existing AD as the source of service information for 
doing the ultrasonic inspections for cracking of the rear and front 
spar lower caps, and any necessary corrective actions. Bombardier Alert 
Service Bulletin 215-A454, Revision 3, dated March 13, 2001; and 
Bombardier Alert Service Bulletin 215-A463, Revision 2, dated March 13, 
2001; contain similar actions to those specified in Revision 1 of the 
service bulletins. Revision 3 of Bombardier Alert Service Bulletin 215-
A454 also adds repetitive ultrasonic inspections for cracking of the 
wing lower skin. The corrective actions include reworking the rear and 
front spar lower caps, repairing any cracking, and contacting the 
manufacturer if cracking is found. The service bulletins also specify 
to submit inspection results to the manufacturer.

FAA's Determination and Requirements of the Proposed AD

    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 the FAA informed of 
the situation described above. We have examined TCCA's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 98-04-08 and would continue to 
require repetitive ultrasonic inspections for cracking of the front 
spar lower cap and rear spar lower cap, and corrective action if 
necessary. Consistent with the Canadian AD, this AD reduces the initial 
inspection threshold and repetitive inspection interval. This proposed 
AD would also require repetitive ultrasonic inspections for cracking of 
the wing lower skin and the submission of a report of any inspection 
results. This AD requires that the actions be accomplished in 
accordance with the service information described previously, except as 
discussed under ``Difference Between the Proposed AD and the Service 
Bulletins.''

Difference Between the Proposed AD and the Service Bulletins

    The service bulletins specify that you may contact the manufacturer 
for instructions on how to repair certain conditions, but this AD 
requires you to repair those conditions using a method that we or TCCA 
(or its delegated agent) approve. In light of the type of repair that 
would be required to address the unsafe condition, and consistent with 
existing bilateral airworthiness agreements, we have determined that, 
for this AD, a repair we or TCCA approve would be acceptable for 
compliance with this AD.

Changes to Existing AD

    This proposed AD would retain certain requirements of AD 98-04-08. 
Since AD 98-04-08 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                            Corresponding requirement in
        Requirement in AD 98-04-08                this proposed AD
------------------------------------------------------------------------
Paragraph (a).............................  Paragraphs (f), (g), (h) and
                                             (j).
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    In addition, we have revised the applicability of the existing AD 
to identify model designations as published in the most recent type

[[Page 36077]]

certificate data sheet for the affected models.

Clarification of Inspection Language

    The service bulletins and the Canadian airworthiness directives 
state that operators should ``visually inspect'' for certain cracks. 
This proposed AD refers to that inspection as a general visual 
inspection. We have defined this type of inspection in Note 1 of the 
proposed AD.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Costs of Compliance

    This proposed AD would affect about 3 airplanes of U.S. registry.
    The actions that are required by AD 98-04-08 and retained in this 
proposed AD take about 16 work hours per airplane, at an average labor 
rate of $65 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $1,040 per airplane, per 
inspection cycle.
    The new proposed inspection would 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 new inspections specified in this 
proposed AD for U.S. operators is $195, or $65 per airplane, per 
inspection cycle.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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 proposed 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing amendment 39-10321 (63 FR 
7640, February 17, 1998) and adding the following new airworthiness 
directive (AD):

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2005-21595; 
Directorate Identifier 2002-NM-321-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by July 22, 2005.

Affected ADs

    (b) This AD supersedes AD 98-04-08, amendment 39-10321 (63 FR 
7640, February 17, 1998).

Applicability

    (c) This AD applies to Bombardier Model CL-215-1A10 (Water 
Bomber) and CL-215-6B11 (CL215T Variant), and CL-215-6B11 (CL415 
Variant) series airplanes; certificated in any category; serial 
numbers 1001 through 1125 inclusive.

Unsafe Condition

    (d) This AD was prompted by reports of cracks in the front and 
rear spar lower caps. We are issuing this AD to detect and correct 
cracking of the lower caps of the wing front spar and rear spar, 
which could result in reduced structural integrity of the airplane.

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.

Restatement of Certain Requirements of AD 98-04-08

Initial Inspection of AD 98-04-08 With New Threshold

    (f) At the time specified in paragraph (g) of this AD: Perform 
an ultrasonic inspection to detect cracking of the lower cap of the 
wing front and rear spars at wing station 51, in accordance with the 
Accomplishment Instructions of Canadair Alert Service Bulletin 215-
A463, Revision 1, dated May 25, 1995, or Bombardier Alert Service 
Bulletin 215-A463, Revision 2, dated March 13, 2001 (for the front 
spar); and Canadair Alert Service Bulletin 215-A454, Revision 1, 
dated May 25, 1995, Bombardier Service Bulletin 215-A454, Revision 
2, dated January 27, 1999, or Bombardier Alert Service Bulletin 215-
A454, Revision 3, dated March 13, 2001 (for the rear spar). As of 
the effective date of this AD, the inspection must be done in 
accordance with the Accomplishment Instructions of Bombardier Alert 
Service Bulletin 215-A463, Revision 2, dated March 13, 2001 (for the 
front spar); and Bombardier Alert Service Bulletin 215-A454, 
Revision 3, dated March 13, 2001 (for the rear spar).
    (g) Do the inspections required by paragraph (f) of this AD at 
the earlier of the times specified in paragraphs (g)(1) and (g)(2) 
of this AD.
    (1) Prior to the accumulation of 3,000 total flight hours, or 
within 25 flight hours after March 4, 1998 (the effective date of AD 
98-04-08), whichever occurs later.
    (2) At the later of the times specified in paragraphs (g)(2)(i) 
and (g)(2)(ii) of this AD.
    (i) Prior to the accumulation of 2,500 total flight hours, or 
8,000 total water drops, whichever occurs first.
    (ii) Within 50 flight hours or 150 water drops after the 
effective date of this AD, whichever occurs first.

Repetitive Inspections With New Intervals

    (h) Repeat the ultrasonic inspection specified in paragraph (f) 
of this AD at the times specified in paragraph (h)(1) or (h)(2) of 
this AD, as applicable.
    (1) For airplanes on which any ultrasonic inspection required by 
paragraph (a) of AD 98-04-08 has been done before the effective date 
of this AD: Within 600 flight hours after the last ultrasonic 
inspection, do the ultrasonic inspection specified in paragraph (f) 
of this AD. Repeat the ultrasonic inspection specified in paragraph 
(f) of this

[[Page 36078]]

AD thereafter at intervals not to exceed 600 flight hours or 2,000 
water drops, whichever occurs first.
    (2) For airplanes on which the ultrasonic inspection required by 
paragraph (a) of AD 98-04-08 has not been done before the effective 
date of this AD: After accomplishing the initial ultrasonic 
inspection specified in paragraph (f) of this AD, repeat the 
ultrasonic inspection specified in paragraph (f) of this AD 
thereafter at intervals not to exceed 600 flight hours or 2,000 
water drops, whichever occurs first.

New Requirements of This AD

New Ultrasonic Inspection

    (i) At the later of the times specified in paragraphs (i)(1) and 
(i)(2) of this AD, do an ultrasonic inspection for cracks of the 
wing lower skin, in accordance with Bombardier Alert Service 
Bulletin 215-A454, Revision 3, dated March 13, 2001. Thereafter, do 
the ultrasonic inspection for cracks of the wing lower skin at the 
times specified for the ultrasonic inspection in paragraph (h) of 
this AD.
    (1) Within 50 flight hours or 150 water drops after the 
effective date of this AD, whichever occurs first.
    (2) Before further flight after accomplishing the first 
ultrasonic inspection required by paragraph (f) or (h) of this AD 
after the effective date of this AD.

Cracking Detected

    (j) If any cracking is detected during any inspection required 
by paragraph (f), (h), or (i) of this AD, before further flight, 
accomplish paragraphs (j)(1) and (j)(2) of this AD.
    (1) Rework the lower cap of the front or rear spar, as 
applicable, in accordance with the Accomplishment Instructions of 
Bombardier Alert Service Bulletin 215-A463, Revision 2, dated March 
13, 2001 (for the front spar); and Bombardier Alert Service Bulletin 
215-A454, Revision 3, dated March 13, 2001 (for the rear spar).
    (2) After doing the rework specified in paragraph (j)(1) of this 
AD, do a general visual inspection, from inside the wing box, to 
detect cracks of the front spar web or rear spar web, as applicable, 
and the lower skin area, in accordance with the Accomplishment 
Instructions of Bombardier Alert Service Bulletin 215-A463, Revision 
2, dated March 13, 2001 (for the front spar); and Bombardier Alert 
Service Bulletin 215-A454, Revision 3, dated March 13, 2001 (for the 
rear spar). If any cracking is detected, before further flight, 
repair in accordance with a method approved by 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: ``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 
ensure visual access to all 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.''

Actions Accomplished According to Previous Issues of the Service 
Bulletins

    (k) Actions accomplished before the effective date of this AD in 
accordance with Canadair Alert Service Bulletin 215-A463, dated 
April 8, 1993; Canadair Alert Service Bulletin 215-A463, Revision 1, 
dated May 25, 1995; Canadair Alert Service Bulletin 215-A454, dated 
October 13, 1993; Canadair Alert Service Bulletin 215-A454, Revision 
1, dated May 25, 1995; and Canadair Alert Service Bulletin 215-A454, 
Revision 2, dated January 27, 1999; are considered acceptable for 
compliance with the corresponding actions specified in this AD.

Actions Accomplished According to Alert Wire

    (l) Actions accomplished before the effective date of this AD in 
accordance with Bombardier Alert Wire 215-A454, dated December 23, 
1992; and Bombardier Alert Wire 215-A463, dated March 26, 1993; are 
considered acceptable for compliance with the corresponding actions 
specified in this AD.

Reporting Requirement

    (m) For any inspection required by this AD that is accomplished 
after the effective date of this AD, within 30 days after 
accomplishing the inspection, submit a report of any inspection 
results (both positive and negative findings) to Bombardier, Inc., 
Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, 
Montreal, Quebec H3C 3G9, Canada. 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 assigned OMB 
Control Number 2120-0056.

Alternative Methods of Compliance (AMOCs)

    (n) 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

    (o) Canadian airworthiness directives CF-1992-26R1, dated 
September 24, 2002, and CF-1993-07R1, dated September 25, 2002, also 
address the subject of this AD.

    Issued in Renton, Washington, on June 14, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12302 Filed 6-21-05; 8:45 am]
BILLING CODE 4910-13-P