[Federal Register Volume 69, Number 216 (Tuesday, November 9, 2004)]
[Proposed Rules]
[Pages 64869-64871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24937]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / 
Proposed Rules

[[Page 64869]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19563; Directorate Identifier 2003-NM-10-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B16 (CL-604) 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier Model CL-600-2B16 (CL-604) series airplanes. 
This proposed AD would require replacing the side-brace fitting shafts 
of the main landing gear (MLG) with new, improved side-brace fitting 
shafts; inspecting for corrosion of the MLG side-brace fitting shafts; 
and replacing the nut, washer, and cotter pin of the MLG side-brace 
fitting shafts with new parts; as applicable. This proposed AD is 
prompted by the discovery of fractures of the MLG side-brace fitting 
shafts caused by corrosion on the forward side of the side-brace 
fitting shafts. We are proposing this AD to prevent fracture of the MLG 
side-brace fitting shafts, which could result in collapse of the MLG.

DATES: We must receive comments on this proposed AD by December 9, 
2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> By fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, Montreal, Quebec H3C 3G9, Canada.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT:
    Technical information: Serge Napoleon, 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) 228-7312; fax (516) 794-5531.
    Plain Language information: Marcia Walters, <a href="/cdn-cgi/l/email-protection#703d11021319115e07111c04150203301611115e171f06"><span class="__cf_email__" data-cfemail="feb39f8c9d979fd0899f928a9b8c8dbe989f9fd0999188">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19563; 
Directorate Identifier 2003-NM-10-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified the FAA that an unsafe condition may 
exist on certain Bombardier Model CL-600-2B16 (CL-604) series 
airplanes. TCAA advises that there have been reports of fractures of 
the side-brace fitting shafts of the main landing gear (MLG). 
Investigation revealed that the fractures were caused by corrosion on 
the forward side of the MLG side-brace fitting shafts. Fractures of the 
side-brace

[[Page 64870]]

fitting shafts, if not corrected, could result in collapse of the MLG.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin (ASB) A604-32-018, 
Revision 01, dated February 22, 2002. The procedures in that ASB are 
divided into Parts A, B, and C, each of which applies to different 
groups of airplanes. Part A of the ASB describes procedures for 
replacing the side-brace fitting shafts of the left-hand (LH) and 
right-hand (RH) MLG with new, improved side-brace fitting shafts; and 
replacing the nut, washer, and cotter pin of the MLG side-brace fitting 
shafts with new parts. Part B of the ASB describes procedures for 
inspecting for corrosion of the LH and RH MLG side-brace fitting 
shafts, replacing the shafts with new, improved shafts if corrosion is 
found, and replacing the nut, washer, and cotter pin of the MLG side-
brace fitting shafts with new parts. Part C of the ASB describes 
procedures for replacing, with new parts, the nut and washer on the 
forward side of each MLG side-brace fitting shaft. Accomplishing the 
applicable actions specified in the ASB is intended to adequately 
address the unsafe condition. TCCA mandated the ASB and issued Canadian 
airworthiness directive CF-2002-43, dated September 30, 2002, to ensure 
the continued airworthiness of these airplanes in Canada.

FAA's Determination and Requirements of the Proposed AD

    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, TCCA has kept the FAA informed of 
the situation described above. We have examined TCCA's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States. Therefore, we are proposing this AD, 
which would require accomplishing the applicable actions specified in 
the service information described previously, except as discussed under 
``Difference Among the Proposed AD, ASB, and Canadian Airworthiness 
Directive.''

Clarification of Inspection Terminology

    In this proposed AD, we refer to the inspection for corrosion that 
is specified in the ASB as a ``general visual inspection.'' We have 
included the definition for this type of inspection in a note in the 
proposed AD.

Difference Among the Proposed AD, ASB, and Canadian Airworthiness 
Directive

    Both the ASB and Canadian Airworthiness Directive specify reporting 
certain information and returning removed parts to Bombardier. This 
proposed AD would not require these actions.

Costs of Compliance

    This proposed AD would affect about 163 airplanes of U.S. registry. 
The proposed actions would take up to 16 work hours per airplane, at an 
average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is up to $169,520, 
or up to $1,040 per airplane.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    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
    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 proposed AD. 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2004-19563; 
Directorate Identifier 2003-NM-10-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by December 9, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. CL-600-2B16 (CL-604) 
series airplanes, serial numbers 5301 through 5550 inclusive, 
certificated in any category.

Unsafe Condition

    (d) This AD is prompted by the discovery of fractures of the 
main landing gear (MLG) side-brace fitting shafts caused by 
corrosion on the forward side of the side-brace fitting shafts. We 
are issuing this AD to prevent fracture of the MLG side-brace 
fitting shafts, which could result in collapse of the MLG.

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.

Service Bulletin Reference

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A604-32-018, Revision 01, dated February 22, 2002.

Inspection/Replacement of MLG Side-Brace Fitting Shaft and Hardware

    (g) Do the actions specified in paragraph (g)(1), (g)(2), or 
(g)(3) of this AD, as applicable, at the applicable compliance times 
specified in those paragraphs.
    (1) For airplanes subject to Part A of the service bulletin as 
specified in paragraph 1.C., ``Effectivity,'' of the service 
bulletin: Within 3 months after the effective date of this AD, 
replace the side-brace fitting shafts of the left-hand (LH) and 
right-hand (RH) MLG with new, improved side-brace fitting shafts; 
and replace the nut, washer, and cotter pin of the MLG side-brace 
fitting shafts with new parts. Do these actions in accordance with 
Part A of the Accomplishment Instructions of the service bulletin.
    (2) For airplanes subject to Part B of the service bulletin as 
specified in paragraph 1.C., ``Effectivity,'' of the service 
bulletin: Within 5 months after the effective date of this AD, 
perform a general visual inspection for corrosion of the LH and RH 
MLG side-brace fitting shafts, replace the shafts with new, improved 
shafts if corrosion is found, and replace the nut, washer, and 
cotter pin of the MLG side-brace fitting shafts with new parts. Do 
these actions in accordance with Part B of the Accomplishment 
Instructions of the service bulletin.

[[Page 64871]]

    (3) For airplanes subject to Part C of the service bulletin as 
specified in paragraph 1.C., ``Effectivity,'' of the service 
bulletin: Within 5 months after the effective date of this AD, 
replace, with new parts, the nut, washer, and cotter pin on the 
forward side of each MLG side-brace fitting shaft. Do these actions 
in accordance with Part C of the Accomplishment Instructions of the 
service bulletin.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Actions Done Previously

    (h) Actions done before the effective date of this AD in 
accordance with Bombardier Alert Service Bulletin A604-32-018, dated 
October 23, 2001, are acceptable for compliance with the 
corresponding actions required by this AD, provided that the 
additional actions specified in Part C of the Accomplishment 
Instructions of Bombardier ASB A604-32-018, Revision 01, dated 
February 22, 2002, are done, as applicable.

No Reporting Requirement

    (i) Although the service bulletin referenced in this AD 
specifies reporting certain information and returning removed parts 
to Bombardier, this AD does not require these actions.

Alternative Methods of Compliance

    (j) In accordance with 14 CFR 39.19, the Manager, New York ACO, 
is authorized to approve alternative methods of compliance for this 
AD.

    Note 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2002-43, dated September 30, 2002.


    Issued in Renton, Washington, on November 1, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24937 Filed 11-8-04; 8:45 am]
BILLING CODE 4910-13-P


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