[Federal Register Volume 73, Number 234 (Thursday, December 4, 2008)]
[Rules and Regulations]
[Pages 73785-73788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28365]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1258; Directorate Identifier 2008-NM-142-AD; 
Amendment 39-15758; AD 2008-24-14]
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; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Cracks on the main landing gear trunnion fitting web have been 
discovered during fatigue testing. Failure of the main landing gear 
trunnion fitting web could compromise the structural integrity of 
the trunnion fitting and result in a main landing gear collapse. * * 
*

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective December 19, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 19, 
2008.
    We must receive comments on this AD by January 5, 2009.

ADDRESSES: You may send comments by any of the following methods:

[[Page 73786]]

     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
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 street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2008-21, dated June 12, 2008 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    Cracks on the main landing gear trunnion fitting web have been 
discovered during fatigue testing. Failure of the main landing gear 
trunnion fitting web could compromise the structural integrity of 
the trunnion fitting and result in a main landing gear collapse. A 
Temporary Revision has been made to the Bombardier CL-600-2B19 
Maintenance Requirements Manual, Appendix B, ``Airworthiness 
Limitations'' to ensure that fatigue cracking of the trunnion 
fitting web is detected and corrected.

The corrective action is revising the Airworthiness Limitations Section 
of the Instructions for Continued Airworthiness to incorporate new 
structural inspection requirements. You may obtain further information 
by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Temporary Revision 2B-2136, dated May 1, 
2008, to the Bombardier CL-600-2B19 Maintenance Requirements Manual, 
Part 2, Appendix B--Airworthiness Limitations.
    The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because if 
the actions specified in the service information are not accomplished 
at the specified threshold, cracking in the main landing gear trunnion 
fitting web could go undetected. Therefore, we determined that notice 
and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2008-1258; Directorate 
Identifier 2008-NM-142-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 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 this AD:
    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

[[Page 73787]]

    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.

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:

2008-24-14 Bombardier, Inc. (Formerly Canadair): Amendment 39-15758. 
Docket No. FAA-2008-1258; Directorate Identifier 2008-NM-142-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
19, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category.

    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 paragraph (g)(1) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane. The FAA has 
provided guidance for this determination in Advisory Circular (AC) 
25-1529-1A.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Cracks on the main landing gear trunnion fitting web have been 
discovered during fatigue testing. Failure of the main landing gear 
trunnion fitting web could compromise the structural integrity of 
the trunnion fitting and result in a main landing gear collapse. A 
Temporary Revision has been made to the Bombardier CL-600-2B19 
Maintenance Requirements Manual, Appendix B, ``Airworthiness 
Limitations'' to ensure that fatigue cracking of the trunnion 
fitting web is detected and corrected.

The corrective action is revising the Airworthiness Limitations 
Section of the Instructions for Continued Airworthiness to 
incorporate new structural inspection requirements.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 30 days after the effective date of this AD, revise 
the Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness to incorporate the Airworthiness Limitation 
(AWL) No. 57-21-161, as identified in Bombardier Temporary Revision 
2B-2136, dated May 1, 2008, to the Bombardier CL-600-2B19 
Maintenance Requirements Manual, Part 2, Appendix B--Airworthiness 
Limitations. The initial compliance time for the task starts from 
the applicable time specified in Table 1 or Table 2 of this AD, as 
applicable. Repeat the inspection thereafter at the applicable 
interval specified in Bombardier Temporary Revision 2B-2136, dated 
May 1, 2008.

                Table 1--Pre-Modsum TC601R15827 Airplanes
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 If the airplane has accumulated (as       Then phase in the initial
 of the effective date of this AD)--              inspection--
------------------------------------------------------------------------
23,500 total flight cycles or fewer..  Prior to the accumulation of
                                        25,000 total flight cycles.
23,501 to 25,000 total flight cycles.  Prior to the accumulation of
                                        26,000 total flight cycles, or
                                        within 1,500 flight cycles after
                                        the effective date of this AD,
                                        whichever occurs first.
25,001 to 26,000 total flight cycles.  Prior to the accumulation of
                                        26,500 total flight cycles, or
                                        within 1,000 flight cycles after
                                        the effective date of this AD,
                                        whichever occurs first.
26,001 or more total flight cycles...  Within 500 flight cycles after
                                        the effective date of this AD.
------------------------------------------------------------------------


               Table 2--Post-Modsum TC601R15827 Airplanes
------------------------------------------------------------------------
 If the airplane has accumulated (as       Then phase in the initial
 of the effective date of this AD)--              inspection--
------------------------------------------------------------------------
15,667 total flight cycles or fewer..  Prior to the accumulation of
                                        16,667 total flight cycles.
15,668 to 16,667 total flight cycles.  Prior to the accumulation of
                                        17,333 total flight cycles, or
                                        within 1,000 flight cycles after
                                        the effective date of this AD,
                                        whichever occurs first.
16,668 to 17,333 total flight cycles.  Prior to the accumulation of
                                        17,666 total flight cycles, or
                                        within 666 flight cycles after
                                        the effective date of this AD,
                                        whichever occurs first.
17,334 or more total flight cycles...  Within 333 flight cycles after
                                        the effective date of this AD.
------------------------------------------------------------------------

    (2) After accomplishing the actions specified in paragraph 
(f)(1) of this AD, no alternative inspections or inspection 
intervals may be used unless the inspection or inspection interval 
is approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (g)(1) of this 
AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): 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

[[Page 73788]]

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) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.
    (4) Special Flight Permits: Special flight permits, as described 
in Section 21.197 and Section 21.199 of the Federal Aviation 
Regulations (14 CFR 21.197 and 21.199), are not allowed.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2008-21, 
dated June 12, 2008; and Bombardier Temporary Revision 2B-2136, 
dated May 1, 2008, to the Bombardier CL-600-2B19 Maintenance 
Requirements Manual, Part 2, Appendix B--Airworthiness Limitations; 
for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Temporary Revision 2B-2136, dated 
May 1, 2008, to the Bombardier CL-600-2B19 Maintenance Requirements 
Manual, Part 2, Appendix B--Airworthiness Limitations Section, to do 
the actions required by this AD, unless the AD specifies otherwise.
    (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., 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.
    (3) 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 19, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-28365 Filed 12-3-08; 8:45 am]
BILLING CODE 4910-13-P