[Federal Register Volume 73, Number 223 (Tuesday, November 18, 2008)]
[Rules and Regulations]
[Pages 68313-68316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26915]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0265; Directorate Identifier 2007-NM-349-AD; 
Amendment 39-15732; AD 2008-23-11]
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 superseding an existing airworthiness directive 
(AD), which applies to certain Bombardier Model CL-600-2B19 airplanes. 
That AD currently requires repetitive eddy current inspections for 
cracking of the main landing gear (MLG) main fittings, and replacement 
with new or serviceable MLG main fittings if necessary. The existing AD 
also currently requires servicing the MLG shock struts; inspecting the 
MLG shock struts for nitrogen pressure, visible chrome dimension, and 
oil leakage; and performing corrective actions, if necessary. For 
certain airplanes, this new AD requires replacement of the MLG main 
fittings with new improved MLG main fittings, which would terminate the 
repetitive inspections of the MLG main fittings and inspection and 
servicing of the MLG shock struts. This AD results from premature 
failure of the MLG main fittings. We are issuing this AD to prevent 
failure of the MLG main fittings, which could result in collapse of the 
MLG upon landing.

DATES: This AD becomes effective December 23, 2008.
    On February 16, 2007 (72 FR 1430, January 12, 2007), the Director 
of the Federal Register approved the incorporation by reference of 
Bombardier Service Bulletin 601R-32-093, Revision B, dated July 14, 
2005.
    On June 13, 2003 (68 FR 31956, May 29, 2003), the Director of the 
Federal Register approved the incorporation by reference of Bombardier 
Alert Service Bulletin A601R-32-079, Revision `E,' dated September 12, 
2002; including Appendix 1, Revision `D,' dated September 12, 2002; 
including Appendices 2 and 3, dated September 12, 2002.

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-

[[Page 68314]]

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

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2003-11-11, amendment 
39-13170 (68 FR 31956, May 29, 2003). The existing AD applies to 
certain Bombardier Model CL-600-2B19 airplanes. That NPRM was published 
in the Federal Register on March 11, 2008 (73 FR 12901). That NPRM 
proposed to require replacement of the main landing gear (MLG) main 
fittings with new improved MLG main fittings, which would terminate the 
existing repetitive inspections of the MLG main fittings and inspection 
and servicing of the MLG shock struts.

Comments

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

Request To Clarify Airplanes on Which the Replacement Is Required

    Bombardier notes that the applicability in AD 2007-01-07 (specified 
in the NPRM as ``Other Related Rulemaking'') covers the entire fleet of 
Model CL-600-2B19 airplanes (serial number (S/N) 7003 through 7067 and 
7069 through 8999 inclusive) since S/N 7068 is a hull loss and the 
airplane series ends at S/N 8999. Bombardier states that the 
applicability specified in the NPRM will not cover additional Model CL-
600-2B19 airplanes. Bombardier adds that every Model CL-600-2B19 
airplane equipped with a MLG main fitting having part number (P/N) 
601R85001-3/4 (Messier-Dowty P/N 17064-101 through 104) will need to be 
in compliance with the replacement required by AD 2007-01-07 by May 16, 
2008.
    We infer that Bombardier requests that we clarify which airplanes 
are required to do the replacement specified in paragraph (r) of this 
AD. We agree that the airplanes affected by paragraph (r) of this AD 
should be further clarified. As stated by Bombardier, for Model CL-600-
2B19 airplanes having S/N 7003 through 7067 and 7069 through 8999 
inclusive, the replacement is already required in accordance with 
paragraph (l) of AD 2007-01-07. Therefore, we have changed paragraph 
(r) of this AD to specify that the replacement be accomplished only on 
airplanes having S/Ns 9000 and subsequent, which terminates the 
requirements of paragraphs (h) through (q) of this AD. We have also 
changed paragraph (t) of this AD to specify that, for the other 
airplanes on which the replacement required by paragraph (l) of AD 
2007-01-07 has been accomplished, it terminates the requirements of 
paragraphs (h) through (q) of this AD.
    We disagree with the commenter that the applicability in AD 2007-
01-07 covers the entire fleet. In order to ensure that any future 
production airplanes, S/N 9000 and subsequent, meet the compliance 
requirements of this AD, the replacement specified in paragraph (r) of 
this AD is necessary to address the identified unsafe condition. We 
have also revised the Estimated Costs table in the preamble of this AD 
by changing the number of U.S.-registered airplanes required to do the 
replacement from 618 to 0.

Request To Change Compliance Time

    Bombardier Aerospace asks that we change the compliance time 
specified in the NPRM. Bombardier states that AD 2007-01-07 (under 
``Related Rulemaking'' in the NPRM) is effective for the same parts and 
also mandates incorporation of Bombardier Service Bulletin 601R-32-093, 
Revision B, dated July 14, 2005. Bombardier notes that AD 2007-01-07 
was effective on February 16, 2007, and its compliance date is May 16, 
2008. Bombardier adds that this compliance date is 9 months later than 
the date agreed to by Messier-Dowty, Bombardier Aerospace, and 
Transport Canada, based on careful consideration of fleet safety, MLG 
capability/logistics, and operator overhaul facilities capacity. 
Bombardier asks that the compliance time be the same as the time in AD 
2007-01-07 (i.e., no later than May 16, 2008). Bombardier considers 
that different compliance dates for the same service bulletin will 
create confusion among U.S. operators and unnecessary burden for all 
parties involved.
    We do not agree with the commenter. As stated previously, the new 
requirements in this AD apply only to airplanes having S/Ns 9000 and 
subsequent. Therefore, we have made no change to the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, 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

    The following table provides the estimated costs, at an average 
labor rate of $80 per work hour, for U.S. operators to comply with this 
AD. Due to other existing ADs, the actions have already been 
accomplished on the majority of affected U.S.-registered airplanes; 
therefore, the estimated costs will be significantly less than those 
specified in the table.

                                                 Estimated Costs
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                                                                                 Number of U.S.-
            Action               Work            Parts              Cost per       registered       Fleet cost
                                 hours                              airplane        airplanes
----------------------------------------------------------------------------------------------------------------
Detailed inspection (required         1  None.................  $80, per                    618  $49,440, per
 by AD 2003-11-11).                                              inspection                       inspection
                                                                 cycle.                           cycle.
Eddy current inspection               1  None.................  $80, per                    618  $49,440, per
 (required by AD 2003-11-11).                                    inspection                       inspection
                                                                 cycle.                           cycle.
Fluorescent penetrant                 1  None.................  $80, per                    618  $49,440, per
 inspection (required by AD                                      inspection                       inspection
 2003-11-11).                                                    cycle.                           cycle.
Inspection and servicing of           2  None.................  $160, per                   618  $98,880, per
 shock struts (required by AD                                    inspection                       inspection
 2003-11-11).                                                    cycle.                           cycle.
Replacement (new action).....        56  Up to $35,000........  Up to $39,480..               0  $0.
----------------------------------------------------------------------------------------------------------------


[[Page 68315]]

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 
removing amendment 39-13170 (68 FR 31956, May 29, 2003) and by adding 
the following new airworthiness directive (AD):

2008-23-11 Bombardier, Inc. (Formerly Canadair): Amendment 39-15732. 
Docket No. FAA-2008-0265; Directorate Identifier 2007-NM-349-AD.

Effective Date

    (a) This AD becomes effective December 23, 2008.

Affected ADs

    (b) This AD supersedes AD 2003-11-11.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category; 
having serial numbers (S/Ns) 7003 and subsequent, equipped with main 
landing gear (MLG) main fittings having part numbers (P/Ns) 
601R85001-3 and -4 (Messier-Dowty P/Ns 17064-101, -102, -103, and -
104).

Unsafe Condition

    (d) This AD results from premature failure of the MLG main 
fittings. We are issuing this AD to prevent failure of the MLG main 
fittings, which could result in collapse of the MLG upon landing.

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: Where there are differences between the referenced 
service bulletin and the AD, the AD prevails.

Restatement of Requirements of AD 2003-11-11

Service Bulletin References

    (f) Accomplishment of the inspections and servicing, as 
applicable, specified in paragraphs (h), (l), (m), and (n) of this 
AD, per Bombardier Alert Service Bulletin A601R-32-079, dated 
December 3, 1999; Revision `A,' dated January 7, 2000; Revision `B,' 
dated June 1, 2000; Revision `C,' dated October 26, 2000; or 
Revision `D,' dated December 1, 2000; prior to June 13, 2003 (the 
effective date of AD 2003-11-11), is considered acceptable for 
compliance with the requirements of paragraphs (h), (l), (m), and 
(n) of this AD.
    (g) The term ``service bulletin,'' as used in paragraphs (h) 
through (q) of this AD, means the Accomplishment Instructions of 
Bombardier Alert Service Bulletin A601R-32-079, Revision `E,' dated 
September 12, 2002; including Appendix 1, Revision `D,' dated 
September 12, 2002; including Appendices 2 and 3, dated September 
12, 2002.

Initial Eddy Current Inspection

    (h) Perform an eddy current inspection to detect cracking of the 
MLG main fittings, per PART B of the service bulletin, at the 
earlier of the times specified in paragraph (h)(1) or (h)(2) of this 
AD.
    (1) Prior to the accumulation of 1,500 total flight cycles on 
the MLG, or within 150 flight cycles after December 4, 2001 (the 
effective date of AD 2001-22-09, amendment 39-12488, which was 
superseded by AD 2003-11-11), whichever occurs later.
    (2) Prior to the accumulation of 1,000 total flight cycles on 
the MLG, or within 150 flight cycles after June 13, 2003, whichever 
occurs later.

Repetitive Eddy Current Inspections

    (i) Repeat the eddy current inspection specified in paragraph 
(h) of this AD at the time specified in paragraph (i)(1), (i)(2), or 
(i)(3), as applicable, except as provided by paragraph (i)(4) of 
this AD, per PART B of the service bulletin.
    (1) For airplanes on which the eddy current inspection required 
by paragraph (h) of this AD is accomplished after June 13, 2003: 
Repeat the inspection at intervals not to exceed 500 flight cycles.
    (2) For airplanes on which the repetitive eddy current 
inspection required by AD 2001-22-09 has been accomplished, and on 
which the repetitive intervals have been increased per paragraph (j) 
of AD 2001-22-09 before June 13, 2003: Repeat the inspection within 
500 flight cycles after June 13, 2003, or within 1,000 flight cycles 
since the last eddy current inspection, whichever occurs first, and 
thereafter at intervals not to exceed 500 flight cycles.
    (3) For airplanes on which the repetitive eddy current 
inspection required by AD 2001-22-09 has been accomplished, and on 
which the repetitive intervals have not been increased per paragraph 
(j) of AD 2001-22-09 before June 13, 2003: Repeat the eddy current 
inspection at intervals not to exceed 500 flight cycles.
    (4) For airplanes on which an eddy current inspection has been 
accomplished to confirm the detailed inspection required by 
paragraph (o) of this AD: The next eddy current inspection must be 
done within 500 flight cycles following the last detailed inspection 
required by paragraph (o) of this AD, and thereafter at intervals 
not to exceed 500 flight cycles.

Corrective Actions

    (j) If no cracking of the MLG main fittings is suspected during 
the next eddy current inspection required by paragraph (h) or (i) of 
this AD, but the paint has been removed: Prior to further flight, 
apply a new finish and install the harness clamp on the brake line 
with the bolt, washers, nut, and cotter pin; per PART B of the 
service bulletin.
    (k) If any cracking of the MLG main fittings is found during any 
eddy current inspection required by paragraph (h) or (i) of this AD: 
Prior to further flight, replace any cracked MLG main fitting with a 
new or serviceable part per the service bulletin.

Servicing the Shock Struts

    (l) Prior to the accumulation of 1,500 total flight cycles on 
the MLG shock struts, or

[[Page 68316]]

within 500 flight cycles after December 4, 2001, whichever occurs 
later: Service (Oil and Nitrogen) the left and right MLG shock 
struts per PART C (for airplanes on the ground) or PART D (for 
airplanes on jacks) of the service bulletin.

Other Inspections

    (m) Within 500 flight cycles after completing the actions 
required by paragraph (l) of this AD: Inspect the MLG left and right 
shock struts for nitrogen pressure, visible chrome dimension, and 
oil leakage, in accordance with PART E of the service bulletin. 
Thereafter, repeat the inspection at intervals not to exceed 500 
flight cycles.

Corrective Actions for Certain Inspections

    (n) If the chrome extension dimension of the shock strut 
pressure reading is outside the limits specified in the Airplane 
Maintenance Manual, Task 32-11-05-220-801, or any oil leakage is 
found during any inspection required by paragraph (m) of this AD: 
Prior to further flight, service the MLG shock strut in accordance 
with PART C (for airplanes on the ground) or PART D (for airplanes 
on jacks) of the service bulletin.

Detailed and Follow-On Inspections and Corrective Action

    (o) Prior to the accumulation of 1,000 total flight cycles on 
the MLG, or within 250 flight cycles after June 13, 2003, whichever 
occurs later: Accomplish a detailed inspection of the MLG main 
fittings to detect signs of cracking (including linear paint cracks 
along the circumference of the main fitting tube, lack of paint 
(paint peeling) or other paint damage, lack of adhesion or paint 
bulging, and signs of corrosion), per PART A of the service 
bulletin. Repeat the inspection thereafter at intervals not to 
exceed 100 flight cycles.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (p) If any linear paint crack along the circumference of the 
main fitting tube, lack of paint (paint peeling) or other paint 
damage, evidence of paint bulging due to lack of adhesion, or 
evidence of corrosion is found during any inspection required by 
paragraph (o) of this AD: Prior to further flight, accomplish either 
an eddy current inspection to detect cracking, per PART B of the 
service bulletin; or a fluorescent penetrant inspection to detect 
cracking, per PART F of the service bulletin.
    (1) If no cracking of the MLG main fittings is found during any 
inspection required by paragraph (p) of this AD: Prior to further 
flight, repaint and/or repair/rework any paint damage per PART B of 
the service bulletin.
    (2) If any cracking of the MLG main fittings is found during any 
inspection required by paragraph (p) of this AD: Prior to further 
flight, replace any cracked MLG main fitting with a new or 
serviceable part per the service bulletin.

Reporting Requirement

    (q) Within 30 days after each inspection and servicing required 
by paragraphs (h), (i), (l), (m), (o), and (p) of this AD, report 
all findings, positive or negative, to: Bombardier Aerospace, In-
Service Engineering, fax number 514-855-8501. Although the service 
bulletin references completion of a ``Service Bulletin Comment 
Sheet-Facsimile Reply Sheet,'' this AD does not require that action. 
Information collection requirements contained in this regulation 
have been approved by the Office of Management and Budget (OMB) 
under the provisions of the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120-
0056.

New Requirements of This AD

Replacement

    (r) For airplanes having serial numbers 9000 and subsequent: 
Within 6 months after the effective date of this AD, replace the MLG 
main fittings with new improved MLG main fittings, in accordance 
with Bombardier Service Bulletin 601R-32-093, Revision `B,' dated 
July 14, 2005. Replacing the MLG main fittings terminates the 
requirements of paragraphs (h) through (q) of this AD.

Credit for Actions Done According to Previous Issues of the Service 
Bulletin

    (s) Replacements done before the effective date of this AD in 
accordance with Bombardier Service Bulletin 601R-32-093, dated 
October 17, 2003; or Revision `A,' dated September 21, 2004; are 
acceptable for compliance with the requirements of paragraph (r) of 
this AD.

Credit for AD 2007-01-07

    (t) For airplanes having S/Ns 7003 through 7067 inclusive and S/
Ns 7069 through 8999 inclusive, equipped with MLG main fittings 
having P/N 601R85001-3 or -4 (Messier-Dowty P/N 17064-101, -102, -
103, or -104): Accomplishing the replacement required by paragraph 
(l) of AD 2007-01-07, amendment 39-14879, terminates the 
requirements of paragraphs (h) through (q) of this AD.

Alternative Methods of Compliance (AMOCs)

    (u)(1) The Manager, New York Aircraft Certification Office 
(ACO), FAA, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Pong K. Lee, Aerospace Engineer, Airframe and 
Propulsion Branch, ANE-171, FAA, New York ACO, 1600 Stewart Avenue, 
Suite 410, Westbury, New York 11590; telephone (516) 228-7324; fax 
(516) 794-5531. 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.
    (2) AMOCs issued to allow escalation of the repetitive intervals 
for the eddy current inspections from 500 to 1,000 flight cycles in 
accordance with paragraph (e) of AD 2001-22-09 are not approved as 
AMOCs with this AD.

    Note 3: Information concerning the existence of AMOCs with this 
AD, if any, may be obtained from the New York ACO.

Related Information

    (v) Canadian airworthiness directive CF-1999-32R3, dated 
September 21, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (w) You must use Bombardier Service Bulletin 601R-32-093, 
Revision `B,' dated July 14, 2005; and Bombardier Alert Service 
Bulletin A601R-32-079, Revision `E,' dated September 12, 2002; 
including Appendix 1, Revision `D,' dated September 12, 2002; 
including Appendices 2 and 3, dated September 12, 2002; as 
applicable; to perform the actions that are required by this AD, 
unless the AD specifies otherwise.
    (1) On February 16, 2007 (72 FR 1430, January 12, 2007), the 
Director of the Federal Register approved the incorporation by 
reference of Bombardier Service Bulletin 601R-32-093, Revision `B,' 
dated July 14, 2005.
    (2) On June 13, 2003 (68 FR 31956, May 29, 2003), the Director 
of the Federal Register approved the incorporation by reference of 
Bombardier Alert Service Bulletin A601R-32-079, Revision `E,' dated 
September 12, 2002; including Appendix 1, Revision `D,' dated 
September 12, 2002; including Appendices 2 and 3, dated September 
12, 2002.
    (3) Contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, 
Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 
514-855-7401; e-mail [email protected]; Internet http://www.bombardier.com for a copy of this service information. You may 
review copies 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 4, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-26915 Filed 11-17-08; 8:45 am]
BILLING CODE 4910-13-P