[Federal Register: March 12, 2008 (Volume 73, Number 49)]
[Rules and Regulations]
[Page 13120-13122]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr08-20]
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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
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1-44............................. E December 7, 2006.
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Appendix B
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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]
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