[Federal Register Volume 71, Number 102 (Friday, May 26, 2006)]
[Rules and Regulations]
[Pages 30270-30271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4847]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23841; Directorate Identifier 2005-NM-214-AD; 
Amendment 39-14613; AD 2006-11-09]
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: Final rule.

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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 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 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.

DATES: This AD becomes effective June 30, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 30, 
2006.

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, 
Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for service 
information identified in this 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:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Bombardier 
Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. That NPRM 
was published in the Federal Register on February 9, 2006 (71 FR 6683). 
That NPRM proposed to 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.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment received.

Request To Change Applicability

    Air Wisconsin notes that the applicability of the proposed AD 
includes airplanes with serial numbers 7003 and subsequent on which 
Bombardier Modsum TC601R16421 or TC601R16422 has not been accomplished. 
Air Wisconsin also notes that Modsums cannot be accomplished on in-
service airplanes because in-service airplanes are modified per service 
bulletins, in this case Bombardier Service Bulletin 601R-53-070. Air 
Wisconsin states that Bombardier Service Bulletin 601R-53-070 will be 
released very soon to communicate in-service Modsum TC601R16422; and 
that the actions in that service bulletin will be terminating action 
for in-service airplanes. This will limit the applicability to serial 
number 7003 to 8129 because production Modsum TC601R16421 will be 
accomplished on serial number 8130 and subsequent.
    We infer that Air Wisconsin is requesting that we change the 
applicability of the proposed AD to include a reference to Bombardier 
Service Bulletin 601R-53-070, and to limit the affected serial numbers 
to 7003 through 8129 inclusive. We disagree. There may be production 
delays that would result in a change to those airplanes on which 
production Modsum TC601R16421 is accomplished in production. In 
addition, Bombardier Service Bulletin 601R-53-070 has not been released 
by Bombardier, and we cannot refer to a document that is not yet 
released and approved. The actions in this AD are not required if one 
of the Modsums has been accomplished on an airplane. Bombardier can 
provide methods for showing that a Modsum has been accomplished. Also, 
an operator may request an alternative method of compliance in 
accordance with the procedures in paragraph (g) of this AD. We have not 
changed the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comment received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

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

                                                                     Estimated Costs
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                                                                                                                        Number of U.S.-
                               Action                                   Work hours     Average labor       Cost per        registered       Fleet cost
                                                                                       rate per hour       airplane        airplanes
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AWL Revision.......................................................               1              $65              $65              738          $47,970
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[[Page 30271]]

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 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-11-09 Bombardier, Inc. (Formerly Canadair): Amendment 39-14613. 
Docket No. FAA-2006-23841; Directorate Identifier 2005-NM-214-AD.

Effective Date

    (a) This AD becomes effective June 30, 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.

    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.

Material Incorporated by Reference

    (i) You must use Canadair Regional Jet Temporary Revision 2B-
2109, dated October 13, 2005, Part 2, Appendix B of the Canadair 
Regional Jet Maintenance Requirements Manual to perform the actions 
that are required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference of this document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. Contact Bombardier, Inc., Canadair, Aerospace Group, 
P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, 
Canada, for a copy of this service information. You may review 
copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at 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 May 16, 2006.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-4847 Filed 5-25-06; 8:45 am]
BILLING CODE 4910-13-P