[Federal Register: May 17, 2004 (Volume 69, Number 95)]
[Rules and Regulations]
[Page 27829-27831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17my04-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-321-AD; Amendment 39-13633; AD 2004-10-03]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 440) Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Bombardier Model CL-600-2B19 (Regional Jet Series
100 & 440) airplanes, that requires repetitive inspections for cracking
of the upper and lower web of the engine support beam between fuselage
station (FS) 625 and FS 640, and repair if necessary. This AD also
provides an optional terminating action for the repetitive inspections.
This action is necessary to prevent failure of the engine support beam,
a principal structural element, which could result in reduced
structural integrity of the airplane. This action is intended to
address the identified unsafe condition.
DATES: Effective June 21, 2004.
The incorporation by reference of a certain publication listed in
the regulations is approved by the Director of the Federal Register as
of June 21, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Bombardier, Inc., Canadair, Aerospace Group, P.O. Box
6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada. This
information may be examined at the Federal Aviation Administration
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue,
SW., Renton, Washington; at the FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, suite 410, Westbury, New York; 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
.
FOR FURTHER INFORMATION CONTACT: James Delisio, 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) 228-7321; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Bombardier Model CL-600-
2B19 (Regional Jet Series 100 & 440) airplanes was published in the
Federal Register on October 31, 2003 (68 FR 62029). That action
proposed to require repetitive inspections for cracking of the upper
and lower web of the engine support beam (ESB) at fuselage station 640,
and repair if necessary. That action also proposed to provide an
optional terminating action for the repetitive inspections.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. The FAA has duly considered the
comments received.
Request To Extend Compliance Time
One commenter requests that we extend the repetitive inspection
interval from 740 flight cycles to 1,100 flight cycles. The commenter
points out that Transport Canada Civil Aviation (TCCA), which is the
airworthiness authority for Canada, has approved an alternative method
of compliance (AMOC) for Canadian airworthiness directive CF-2001-26R1,
dated September 20, 2002, which is the parallel airworthiness directive
to this one. The AMOC to the Canadian airworthiness directive provides
for repetitive inspections at an interval of 1,100 flight cycles.
We concur. We have coordinated this issue with TCCA, and they have
confirmed that the AMOC referenced by the commenter was issued on
November 20, 2002. TCCA also advises that, if Canadian airworthiness
directive CF-2001-26R1 is revised in the future, the repetitive
inspection interval will be extended to 1,100 flight cycles. In
developing an appropriate compliance time for this AD, we considered
TCCA's recommendation and the degree of urgency associated with the
subject unsafe condition. In light of these factors, we find that a
repetitive interval of 1,100 flight cycles represents an appropriate
interval that will not compromise safety for affected airplanes. We
have revised paragraph (b) of this AD accordingly.
Request To Clarify Area of Inspection
One commenter requests that we clarify the area subject to
inspection per the proposed AD. The commenter notes that the proposed
AD specifies external detailed inspection for cracking of the upper and
lower web of the ESB at fuselage station (FS) 640. The commenter points
out that the instructions in the service bulletin specify inspection of
the area between FS 625 and FS 640.
We concur. We have revised the Summary section and paragraph (b) of
this AD to clarify that the area subject to the inspections is between
FS 625 and FS 640. We find that this change does not expand the scope
of the proposed AD because the area between FS 625 and FS 640 is the
subject area specified in the Accomplishment Instructions of Bombardier
Alert Service Bulletin A601R-53-059, Revision `D,' dated July 2, 2003,
and we stated no intent in the proposed AD to differ from the
referenced service bulletin in this regard.
[[Page 27830]]
Request To Give Credit for Previous Issues of the Service Bulletin
Two commenters request that we give credit for inspections and
repairs accomplished previously per Bombardier Alert Service Bulletin
A601R-53-059, Revision `B,' dated August 6, 2002; or Revision `C,'
dated February 3, 2003. The commenters state that the instructions in
these revisions of the service bulletin do not differ substantially
from the instructions in Revision `D' of the service bulletin, dated
July 2, 2003, which the proposed AD refers to as the appropriate source
of service information.
We concur and have added a new paragraph (a)(3) to this AD to give
credit for actions accomplished before the effective date of this AD
per Revision `B' or `C' of the service bulletin.
Request To Give Credit for Future Revisions of the Service Bulletin
One commenter requests that we give credit for any future revisions
of Bombardier Alert Service Bulletin A601R-53-059. The commenter notes
that this would eliminate the need for operators to apply for approval
of an AMOC if the service bulletin is revised in the future.
We do not concur. We cannot approve use of revisions of a service
document issued after publication of the AD because doing so would
violate Office of the Federal Register (OFR) regulations for approval
of materials ``incorporated by reference'' in rules. In general terms,
we are required by these OFR regulations to either publish the service
document contents as part of the actual AD language; or submit the
service document to the OFR for approval as ``referenced'' material, in
which case we may only refer to such material in the text of an AD. To
allow operators to use later revisions of the referenced service
bulletin, we must either revise the AD to reference specific later
revisions, or operators must request approval to use later revisions as
an AMOC under the provisions of paragraph (e) of this AD. We have not
revised this AD in this regard.
Conclusion
After careful review of the available data, including the comments
noted above, we have determined that air safety and the public interest
require the adoption of the rule 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.
Cost Impact
We estimate that 150 airplanes of U.S. registry will be affected by
this AD. It will take approximately 1 work hour per airplane to
accomplish the required inspection, at an average labor rate of $65 per
work hour. Based on these figures, the cost impact of the required
inspection on U.S. operators is estimated to be $9,750, or $65 per
airplane, per inspection cycle.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted. The cost impact figures discussed
in AD rulemaking actions represent only the time necessary to perform
the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
The optional terminating action, if done, would take approximately
290 work hours, at an average labor rate of $65 per work hour. Required
parts would be provided by the manufacturer at no charge. Based on
these figures, we estimate the cost of the optional terminating action
to be $18,850 per airplane.
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-10-03 Bombardier, Inc. (Formerly Canadair): Amendment 39-13633.
Docket 2001-NM-321-AD.
Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes; serial numbers 7003 through 7067 inclusive, and 7069
through 7782 inclusive; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the engine support beam (ESB), a principal
structural element, which could result in reduced structural
integrity of the airplane, accomplish the following:
Service Bulletin References
(a) The following information pertains to the service bulletin
referenced in this AD:
(1) The term ``service bulletin'' as used in this AD, means the
Accomplishment Instructions of Bombardier Alert Service Bulletin
A601R-53-059, excluding Appendix A, Revision `D,' dated July 2,
2003; and including Appendix B, dated August 6, 2002.
(2) Although the service bulletin specifies to complete a
comment sheet related to service bulletin quality, a sheet recording
compliance with the service bulletin, and an inspection results
reporting form (located in Appendix A of the service bulletin), and
submit this information to the manufacturer, this AD does not
include such a requirement.
(3) Inspections and repairs accomplished before the effective
date of this AD per Bombardier Alert Service Bulletin A601R-53-059,
Revision `B,' dated August 6, 2002; or Revision `C,' dated February
3, 2003; are acceptable for compliance with the corresponding
actions required by this AD.
Repetitive Inspections
(b) Perform an external detailed inspection for cracking of the
upper and lower web of the ESB between fuselage station (FS) 625 and
FS 640, according to Part A of the service bulletin. Do the initial
inspection at the time specified in paragraph (b)(1), (b)(2), or
(b)(3) of this AD, as applicable. Repeat the inspection thereafter
at intervals not to exceed 1,100 flight cycles.
[[Page 27831]]
(1) For airplanes with 7,500 total flight cycles or less as of
the effective date of this AD: Do the initial inspection prior to
the accumulation of 8,000 total flight cycles.
(2) For airplanes with 7,501 total flight cycles or more, but
11,750 total flight cycles or less, as of the effective date of this
AD: Do the initial inspection prior to the accumulation of 12,000
total flight cycles, or within 500 flight cycles after the effective
date of this AD, whichever is first.
(3) For airplanes with 11,751 total flight cycles or more as of
the effective date of this AD: Do the initial inspection within 250
flight cycles after the effective date of this AD.
Note 1: 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.''
Repair
(c) If any crack is found during any inspection performed per
paragraph (b) of this AD: Before further flight, repair per a method
approved by either the Manager, New York Aircraft Certification
Office (ACO), FAA; or Transport Canada Civil Aviation (or its
delegated agent).
Optional Terminating Action
(d) Modification of the ESB by accomplishing all actions in
paragraphs 2.D. and 2.E., and in steps (1) through (40) inclusive of
paragraph 2.F., of the service bulletin (including an eddy current
inspection for damage (e.g., cracking) of the fastener holes in the
flanges that attach the upper and lower forward angles to the upper
and lower webs; and repair (oversizing the fastener holes to remove
damage), if necessary) constitutes terminating action for the
repetitive inspections required by paragraph (b) of this AD. Any
required repair must be accomplished before further flight.
Alternative Methods of Compliance
(e) In accordance with 14 CFR 39.19, the Manager, New York ACO,
is authorized to approve alternative methods of compliance for this
AD.
Incorporation by Reference
(f) Unless otherwise specified in this AD, the actions shall be
done in accordance with Bombardier Alert Service Bulletin A601R-53-
059, excluding Appendix A, Revision `D,' dated July 2, 2003, and
including Appendix B, dated August 6, 2002; which includes the
following effective pages:
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Revision level
Page No. shown on page Date shown on page
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1-147......................... D................ July 2, 2003.
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Appendix B
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1-14.......................... Original......... August 6, 2002.
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This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be obtained from Bombardier, Inc., Canadair,
Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal,
Quebec H3C 3G9, Canada. Copies may be inspected at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; at the FAA, New York Aircraft Certification Office, 1600
Stewart Avenue, suite 410, Westbury, New York; 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.
Note 2: The subject of this AD is addressed in Canadian
airworthiness directive CF-2001-26R1, dated September 20, 2002.
Effective Date
(g) This amendment becomes effective on June 21, 2004.
Issued in Renton, Washington, on May 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-10740 Filed 5-14-04; 8:45 am]
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