[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Rules and Regulations]
[Pages 13120-13122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4644]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29257; Directorate Identifier 2007-NM-144-AD; 
Amendment 39-15422; AD 2008-06-10]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. 
This AD requires repetitive detailed inspections for cracking of the 
left side and right side frame and reinforcement angles at fuselage 
station (FS) 640 between stringer 9 and stringer 12, and corrective 
actions if necessary. This AD also provides an optional terminating 
action for the repetitive inspections. This AD results from reports 
that cracks have been discovered on the frame and reinforcement angles 
at FS 640. We are issuing this AD to detect and correct cracking of the 
frame, which could lead to failure of the fuselage structure and 
possible loss of the airplane.

DATES: This AD is effective April 16, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 16, 
2008.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Pong K. Lee, 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) 228-7324; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (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 September 
20, 2007 (72 FR 53704). That NPRM proposed to require repetitive 
detailed inspections for cracking of the left side and right side frame 
and reinforcement angles at fuselage station (FS) 640 between stringer 
9 and stringer 12, and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received.

Request To Address Possible Terminating Modification

    Air Wisconsin requests that we consider including a possible 
terminating modification in the NPRM. Air Wisconsin states that the 
NPRM does not recognize other options that can be taken to modify 
FS640. Air Wisconsin continues that, in fact, a certain option is 
significantly better, providing a higher level of safety than the 
modification in Part C of Bombardier Service Bulletin 601R-53-061, 
Revision E, dated December 7, 2006, including Appendix B, Revision C, 
dated June 25, 2003 (cited as the appropriate source of service 
information for doing the proposed actions described in the NPRM), 
which is an interim modification requiring further inspections. Air 
Wisconsin continues that Transport Canada Civil Aviation (TCCA) issued 
an alternate means of compliance (AMOC) indicating that the inspections 
of Service Bulletin 601R-53-061 can be terminated by doing applicable 
actions described in Bombardier Alert Service Bulletin A601R-53-059, 
Revision E, dated March 21, 2005 (or later); or Bombardier Service 
Bulletin 601R-53-065, Revision A, dated August 24, 2005 (or later). Air 
Wisconsin states it has already modified 23 airplanes using Service 
Bulletin A601R-53-059, Revision E; or Bombardier Alert Service Bulletin 
A601R-53-059, Revision F, dated April 21, 2006; and intends to modify 
all its other affected airplanes within the next one to two years. Air 
Wisconsin asserts that any AD issued against Service Bulletin 601R-53-
061 should specify that doing the applicable actions described in 
Service Bulletin A601R-53-059, Revision E or F; or Service Bulletin 
601R-53-065, Revision A; is acceptable for terminating the repetitive 
inspections of Service Bulletin 601R-53-061.

[[Page 13121]]

    We agree with this request. In the NPRM, we stated that we 
considered the proposed AD to be interim action, and that we might 
consider further rulemaking if final action was later identified. We 
have determined that Air Wisconsin's request addresses appropriate 
final action, as described in the following service information. We 
have reviewed Bombardier Alert Service Bulletin A601R-53-059, Revision 
E, dated March 21, 2005, and Revision F, dated April 21, 2006; and 
Bombardier Service Bulletin 601R-53-065, Revision A, dated August 24, 
2005, and Revision B, dated November 2, 2007. The service bulletins 
describe procedures for reinforcing the engine support beams that are 
acceptable for terminating the repetitive inspections described by 
Service Bulletin 601R-53-061, Revision E. We have determined that any 
reinforcement of the engine support beam done in accordance with Part 
A, B, or C, as applicable, of Alert Service Bulletin A601R 53-059, 
Revision E or F; or in accordance with Service Bulletin 601R-53-065, 
Revision A or B; is acceptable as optional terminating action for the 
repetitive inspections required by this AD. Therefore, we have added 
this service information to the AD; deleted existing paragraph (f) of 
the NPRM; revised subsequent paragraphs (g), (h), and (i) of this AD, 
and re-identified them as paragraphs (f), (g), and (h); relocated and 
reidentified paragraph (j) of the NPRM as new paragraph (h)(2)(ii) of 
this AD; added new paragraph (i) of this AD to describe the optional 
terminating action; and reidentified subsequent paragraphs (k), (l), 
and (m) of the NPRM, as paragraphs (j), (k), and (l) of this AD.

Request for Clarification of Special Flight Permits

    Comair requests that we clarify paragraph (i) of the NPRM 
(paragraph (h) of this AD) regarding relocation of airplanes to service 
facilities after the discovery of cracking. Comair is concerned that 
the requirement to repair the crack before further flight forbids 
moving the airplane to a repair facility to accomplish the repair. 
Comair cites earlier ADs that included a provision for obtaining 
special flight permits to move airplanes to repair facilities in 
accordance with sections 21.197 and 21.199 of the Federal Aviation 
Regulations (14 CFR 21.197 and 21.199). Comair requests that such a 
statement be inserted into the NPRM.
    We do not agree with this request. On July 10, 2002, we issued a 
new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which 
governs our ADs. Part 39 now includes material that relates to altered 
products, special flight permits, and AMOCs. Because this material now 
appears in part 39, an AD refers to special flight permits only when 
relocation flights are limited or not permitted. In that case, in 
accordance with 14 CFR 21.197 and 21.199 as described by the commenter, 
operators may apply for a special flight permit to move affected 
airplanes. However, special flights are neither limited nor prohibited 
by this AD; therefore, ``before further flight'' in this AD applies to 
any flight other than the flight taken to relocate the airplane to the 
repair facility. We have not changed the AD in this regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    This AD affects about 739 airplanes of U.S. registry. The required 
inspection takes about 2 work hours per airplane, at an average labor 
rate of $80 per work hour. Based on these figures, the estimated cost 
of the AD for U.S. operators is $118,240, or $160 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

    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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 AD:

2008-06-10 Bombardier, Inc. (Formerly Canadair): Amendment 39-15422. 
Docket No. FAA-2007-29257; Directorate Identifier 2007-NM-144-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 16, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category; as 
identified in Bombardier Service Bulletin 601R-53-061, Revision E, 
dated December 7, 2006.

Unsafe Condition

    (d) This AD results from reports that cracks have been 
discovered on the frame and reinforcement angles at fuselage station 
(FS) 640. Failure of this frame could degrade the structural 
integrity of the airplane. We are issuing this AD to detect and 
correct cracking of the frame, which could lead to failure of the 
fuselage structure and possible loss of the airplane.

[[Page 13122]]

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.

Detailed Inspection

    (f) Before the accumulation of 8,600 total flight cycles, or 
within 1,100 flight cycles after the effective date of this AD, 
whichever occurs later: Perform a detailed inspection to detect 
cracking of the left side and right side frames and reinforcement 
angles at FS640 between stringer 9 and stringer 12, in accordance 
with Part A of the Accomplishment Instructions of Bombardier Service 
Bulletin 601R-53-061, Revision E, dated December 7, 2006.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Repetitive Inspection and Corrective Action

    (g) If no crack is found during the inspection required by 
paragraph (f) of this AD: Repeat the detailed inspection thereafter 
at intervals not to exceed 1,100 flight cycles, until the frame 
modification described in paragraph (h)(2) of this AD or the 
optional terminating modification described in paragraph (i) of this 
AD has been done.
    (h) If any crack is found during the inspection required by 
paragraph (g) of this AD: Before further flight, repair the crack in 
accordance with paragraph (h)(1), (h)(2), or (h)(3) of this AD, as 
applicable.
    (1) For any crack found in the frame at the stringer 9 cut-out 
only, repair in accordance with Part A of the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-53-061, Revision E, 
dated December 7, 2006.
    (2) For any crack found in the frame reinforcement doubler only, 
do the actions described in paragraphs (h)(2)(i) and (h)(2)(ii) of 
this AD.
    (i) Do the frame modification (including related investigative 
and corrective actions) described in Part C of the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-53-061, Revision E, 
dated December 7, 2006; except where the service bulletin specifies 
to contact the manufacturer for repair instructions, repair the 
crack using a method approved by either the Manager, New York 
Aircraft Certification Office (ACO), FAA; or Transport Canada Civil 
Aviation (TCCA) (or its delegated agent).
    (ii) Within 12,000 flight cycles after doing the modification 
required by paragraph (h)(2)(i) of this AD, do the detailed 
inspection required by paragraph (f) of this AD, then repeat the 
detailed inspection thereafter at intervals not to exceed 1,100 
flight cycles.
    (3) For any crack found in areas of the inspection zone 
described in paragraph (f) of this AD other than those areas 
described in paragraphs (h)(1) and (h)(2) of this AD: Repair the 
crack using a method approved by either the Manager, New York ACO, 
FAA; or TCCA (or its delegated agent).

Optional Terminating Action

    (i) Reinforcement of any engine support beam in accordance with 
the Accomplishment Instructions of the service information described 
in paragraph (i)(1) or (i)(2) of this AD, as applicable, ends all 
repetitive inspections required by this AD for that support beam.
    (1) For all airplanes: If the reinforcement is done before the 
effective date of this AD, Bombardier Alert Service Bulletin A601R-
53-059, Revision E, dated March 21, 2005; or Revision F, dated April 
21, 2006; may be used. After the effective date of this AD, only 
Bombardier Alert Service Bulletin A601R-53-059, Revision F, may be 
used.
    (2) For airplanes identified in Bombardier Service Bulletin 
601R-53-065, Revision B, dated November 2, 2007: If the 
reinforcement is done before the effective date of this AD, 
Bombardier Service Bulletin 601R-53-065, Revision A, dated August 
24, 2005, or Revision B, may be used. After the effective date of 
this AD, only Bombardier Service Bulletin 601R-53-065, Revision B, 
may be used.

No Reporting Requirement

    (j) Although Bombardier Service Bulletin 601R-53-061, Revision 
E, dated December 7, 2006, specifies to submit certain information 
to the manufacturer, this AD does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (k)(1) 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.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Related Information

    (l) Canadian airworthiness directive CF-2003-12, dated May 7, 
2003, also addresses the subject of this AD.

Material Incorporated by Reference

    (m) You must use Bombardier Service Bulletin 601R-53-061, 
Revision E, dated December 7, 2006, including Appendix B, Revision 
C, dated June 25, 2003, to do the actions required by this AD, 
unless the AD specifies otherwise. If you accomplish the optional 
actions specified by this AD, you must use Bombardier Alert Service 
Bulletin A601R-53-059, Revision F, dated April 21, 2006, excluding 
Appendix A, dated June 14, 2001; or Bombardier Service Bulletin 
601R-53-065, Revision B, dated November 2, 2007; as applicable; to 
perform those actions, unless the AD specifies otherwise. Bombardier 
Service Bulletin 601R-53-061, Revision E, dated December 7, 2006, 
includes the following effective pages:

------------------------------------------------------------------------
                                    Revision
                                     level
            Page Nos.               shown on      Date shown on page
                                      page
------------------------------------------------------------------------
1-44.............................          E  December 7, 2006.
------------------------------------------------------------------------
                               Appendix B
------------------------------------------------------------------------
B1-B8............................          C  June 25, 2003.
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    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) 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.
    (3) You may review copies of the service information 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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.

    Issued in Renton, Washington, on March 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-4644 Filed 3-11-08; 8:45 am]
BILLING CODE 4910-13-P