[Federal Register: November 18, 2008 (Volume 73, Number 223)]
[Rules and Regulations]
[Page 68313-68316]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18no08-4]
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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
----------------------------------------------------------------------------------------------------------------
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.
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[[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 thd.crj@aero.bombardier.com; 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