[Federal Register Volume 71, Number 27 (Thursday, February 9, 2006)]
[Proposed Rules]
[Pages 6683-6685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1766]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23841; Directorate Identifier 2005-NM-214-AD]
RIN 2120-AA64


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

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. This proposed AD would require revising the 
Airworthiness Limitations section of the Instructions for Continuing 
Airworthiness of the Maintenance Requirements Manual to include revised 
threshold and repeat inspection intervals for the cargo door skin cut-
out. This proposed AD results from a report that a crack was discovered 
at the lower forward corner of a cargo door skin cut-out during fatigue 
testing. We are proposing this AD to detect and correct cracking in the 
lower forward corner of the cargo door skin cut-out, which could result 
in reduced structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by March 13, 2006.

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.
    Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, 
Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for service 
information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Richard Beckwith, 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) 228-7302; fax (516) 794-5531.

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 in the ADDRESSES section. Include the docket number ``FAA-2006-
23841; Directorate Identifier 2005-NM-214-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 
that 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may 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 Docket Management System 
receives them.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified us that an unsafe condition may exist on 
Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, 
serial numbers 7003 and subsequent, on which Modsum TC601R16421 has not 
been incorporated. TCCA advises that during a complete-airplane fatigue 
test on a Model CL-600-2B19 (Regional Jet Series 100) airplane, a crack 
was discovered at the lower forward corner of the cargo door skin cut-
out. This condition, if not corrected, could result in reduced 
structural integrity of the airplane.

Relevant Service Information

    Bombardier has issued Canadair Regional Jet Temporary Revision (TR) 
2B-2109, dated October 13, 2005, to Appendix B, ``Airworthiness 
Limitations,'' of the Canadair Regional Jet Maintenance Requirements 
Manual (MRM). The TR includes Airworthiness Limitations (AWL) Task 53-
61-141, which revises thresholds and revises repeat inspection 
intervals for the cargo door skin cut-out. The cargo door skin cut-out 
is identified as a principal structural element. Accomplishing the 
actions specified in the service information is intended to adequately 
address the unsafe condition. TCCA mandated AWL Task 53-61-141 of the 
TR and issued Canadian airworthiness directive CF-2005-05, dated 
February 18, 2005, to ensure the continued airworthiness of these 
airplanes in Canada.

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

[[Page 6684]]

TCCA's findings, evaluated all pertinent information, and determined 
that we need to issue an AD for airplanes of this type design that are 
certificated for operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Between 
the Proposed AD and the Canadian Airworthiness Directive.''

Differences Between the Proposed AD and the Canadian Airworthiness 
Directive

    Although the Canadian airworthiness directive references TR 2B-2048 
(which was later replaced by TR 2B-2084), this proposed AD would 
reference TR 2B-2109. TR 2B-2109 was issued after the Canadian 
airworthiness directive, and replaces both TR 2B-2048 and TR 2B-2084.
    Although the Canadian airworthiness directive contains initial 
inspection threshold information in paragraph B. ``Phase-In Schedule,'' 
this proposed AD does not state that information because it is included 
in TR 2B-2109.
    These differences have been coordinated with TCCA.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
              Action                  Work     Average labor       Cost per        registered       Fleet cost
                                      hours    rate per hour       airplane        airplanes
----------------------------------------------------------------------------------------------------------------
AWL Revision......................        1              $65              $65              738          $47,970
----------------------------------------------------------------------------------------------------------------

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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2006-23841; 
Directorate Identifier 2005-NM-214-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by March 13, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, serial numbers 7003 and subsequent, 
certificated in any category; on which Bombardier Modsum TC601R16421 
or TC601R16422 has not been accomplished.

Unsafe Condition

    (d) This AD results from a report that a crack was discovered at 
the lower forward corner of a cargo door skin cut-out during fatigue 
testing. We are issuing this AD to detect and correct cracking in 
the lower forward corner of the cargo door skin cut-out, 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.


    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to the procedures specified in paragraph (g) of this AD. The request 
should include a description of changes to the required inspections 
that will ensure the continued damage tolerance of the affected 
structure. The FAA has provided guidance for this determination in 
Advisory Circular (AC) 25-1529.

Maintenance Requirements Manual Revision

    (f) Within 30 days after the effective date of this AD, revise 
the Airworthiness Limitations (AWL) section (Appendix B) of the 
Instructions for Continuing Airworthiness of the Canadair Regional 
Jet Maintenance Requirements Manual (MRM), to include the 
information specified in AWL Task 53-61-141 in Canadair Regional Jet 
Temporary Revision (TR) 2B-2109, dated October 13, 2005. Thereafter, 
except as provided by paragraph (g) of this AD, no alternative 
structural inspection intervals may be approved for the cargo door 
skin cut-out.



[[Page 6685]]


    Note 2: The actions required by paragraph (f) of this AD may be 
done by inserting a copy of TR 2B-2109 into the AWL section of the 
Canadair Regional Jet MRM. When the contents of TR have been 
included in general revisions of the MRM, the general revisions may 
be inserted in the MRM, provided the relevant information in the 
general revision is identical to that in TR 2B-2109.

Alternative Methods of Compliance (AMOCs)

    (g)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (h) Canadian airworthiness directive CF-2005-05, dated February 
18, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on January 31, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-1766 Filed 2-8-06; 8:45 am]
BILLING CODE 4910-13-P