### 64856 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Rules and Regulations

T ABLE 

### 2.

— M ATERIAL 

### I NCORPORATED BY 

### R EFERENCE

Service bulletin Revision level Date

Airbus Service Bulletin A300

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– 6048 ............................................................................................................... 01 July 12, 2000. Airbus Service Bulletin A300

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– 6050, excluding Appendix 01 ........................................................................ 02 April 16, 2003. Airbus Service Bulletin A310

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– 2086 ............................................................................................................... 01 July 12, 2000. Airbus Service Bulletin A310

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– 2088, excluding Appendix 01 ........................................................................ 01 February 3, 2003.

(1) The Director of the Federal Register approved the incorporation by reference of Airbus Service Bulletin A300

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– 6050, Revision 02, excluding Appendix 01, dated April 16, 2003; and Airbus Service Bulletin A310

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– 2088, Revision 01, excluding Appendix 01, dated February 3, 2003; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

(2) The incorporation by reference of Airbus Service Bulletin A300

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– 6048, Revision 01, dated July 12, 2000; and Airbus Service Bulletin A310

– 29

– 2086, Revision 01, dated July 12, 2000, was approved previously by the Director of the Federal Register as of August 6, 2001 (66 FR 34798, July 2, 2001).

(3) For copies of the service information, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. For information on the availability of this material at the National Archives and Records Administration (NARA), call (202) 741

– 6030, or go to http://www.archives.gov/ federal

_register/code

_ of

_ federal

_regulations/ ibr

_locations.html. You may view the AD docket at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL

– 401, Nassif Building, Washington, DC.

Issued in Renton, Washington, on October 20, 2004. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 04

– 24628 Filed 11

– 8

– 04; 8:45 am]
**BILLING CODE 4910**

**– 13** 

**– P** 

**DEPARTMENT OF TRANSPORTATION**
**Federal Aviation Administration**

**14 CFR Part 39 [Docket No. 2003** 

**– NM** 

**– 11** 

**– AD; Amendment**  **39**

**– 13851; AD 2004** 

**– 22** 

**– 23]** 
**RIN 2120**

**– AA64**  **Airworthiness Directives; Bombardier Model CL** 

**– 600** 

**– 2B19 (Regional Jet**  **Series 100 & 440) Airplanes**

**AGENCY :**  Federal Aviation Administration, DOT. **ACTION :**  Final rule.

**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 a one-time inspection of the shafts of the main landing gear (MLG) side-brace fittings to detect corrosion, and the forward andaft bushings in the left-hand and righthand MLG side-brace fittings to detect discrepancies. This AD also requires corrective and related actions if necessary. This action is necessary to prevent fractures of the MLG side-brace fitting shafts, and possible collapse of the MLG. This action is intended to address the identified unsafe condition. **DATES :**  Effective December 14, 2004.

The incorporation by reference of a certain publication listed in the regulations is approved by the Director of the Federal Register as of December 14, 2004. **ADDRESSES :**  The service information referenced in this AD may be obtained from Bombardier, Inc., Canadair, Aerospace Group, PO 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; or 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 :**  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. **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 June 14, 2004 (69 FR 32924). That action proposed to require a one-time inspection of the shafts of the main landing gear (MLG) side-brace fittings to detect corrosion, and the forward andaft bushings in the left-hand and righthand MLG side-brace fittings to detect discrepancies. That action also proposed to require corrective and related actions if necessary. Comments

Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. Request for Credit for Actions Done per the Original Issue of the Service Bulletin

One commenter requests that actions done per the original issue of Bombardier Service Bulletin 601R

– 57

– 036 be considered acceptable for compliance with the corresponding actions in the proposed AD. The commenter notes that Revisions A and B of the service bulletin are mentioned in paragraph (c) of the proposed AD as being acceptable for compliance with the corresponding actions but the paragraph does not state that actions done per the original issue are considered acceptable for compliance with the corresponding actions.

The FAA agrees that actions done per the original issue of the service bulletin are considered acceptable for compliance with the corresponding actions of the final rule. Revision C of the service bulletin, cited as the appropriate source of service information for the final rule, specifies that no additional action is needed for airplanes on which actions were done per previous issues of the service bulletin. We have revised paragraph (c) of the final rule accordingly. Request To Remove Reference to Functional Test

The same commenter requests that references to the functional test in the proposed AD need not be specified. The commenter states that the ‘‘ Explanation of Requirements of Proposed AD ’’ paragraph of the proposed AD specifies that the Canadian airworthiness directive CF

– 2002

– 41, dated September 20, 2002, does not include the


### 64857 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Rules and Regulations
requirement for a functional test of the MLG system, and that the functional test is included in Revision C of the service bulletin. The commenter contends that someone may then believe that the functional test is not a part of the original issue, Revision A, or Revision B of the service bulletin. The commenter notes that the functional test is included in the work instructions of all issues of the service bulletin.

We partially agree with the commenter ’ s request. We acknowledge that the functional test is included in all revisions of the service bulletin. We referenced only Revision C of the service bulletin in the preamble of the proposed AD because it is cited as the appropriate source of service information. Our intent was to explain
a ‘‘ difference ’’ between the Canadian airworthiness directive and the proposed AD in that the Canadian airworthiness directive does not specifically call out the functional test. We confirmed with Transport Canada Civil Aviation (TCCA), which is the airworthiness authority for Canada, that operators are expected to do the functional test and that this AD will call attention to accomplishing the functional test. We do not find that any further clarification is needed. Since the references to the functional test are in certain parts of the preamble of the proposed AD that are not restated in the final rule, we have made no change to the final rule regarding this issue. 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. Interim Action

This AD is considered to be interim action. The inspection reports that are required by this AD will enable the manufacturer to obtain better insight into the nature, cause, and extent of thecorrosion of the shafts of the MLG sidebrace fittings, and eventually to develop final action to address the unsafe condition. Once final action has been identified, we may consider further rulemaking. Cost Impact

We estimate that 462 airplanes of U.S. registry will be affected by this AD, that it will take approximately 5 work hours per airplane to accomplish the required inspections and functional test, and that the average labor rate is $65 per work hour. Based on these figures, the cost impact of the actions required by this AD on U.S. operators is estimated to be $150,150, or $325 per airplane.

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. 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

■ 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**

■ 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. **§ 39.13 [Amended]** 

■ 2. Section 39.13 is amended by adding the following new airworthiness directive:
2004

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– 23 Bombardier, Inc. (Formerly Canadair): Amendment 39

– 13851. Docket 2003

–NM

– 11

–AD. Applicability: Model CL

– 600

– 2B19 (Regional Jet Series 100 & 440) airplanes, serial numbers 7003 through 7651 inclusive; certificated in any category.

Compliance: Required as indicated, unless accomplished previously.

To prevent fractures of the main landing gear (MLG) side-brace fitting shafts, and possible collapse of the MLG, accomplish the following: Inspections, Corrective Actions, and Related Actions

(a) Within 20 months or 4,000 flight cycles after the effective date of this AD, whichever occurs first: Do a general visual inspection of the shafts of the side-brace fittings of the MLG for corrosion, and of the forward and aft bushings in the left-hand and right-hand MLG side-brace fittings for discrepancies (gouges, scores, corrosion, or other damage); and any applicable corrective and related actions. Do all of the actions in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 601R

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– 036, Revision ‘‘ C ’’ , including Appendix A, dated January 30, 2003. Do any applicable corrective and related actions before further flight. Where the service bulletin specifies to contact the manufacturer for certain replacement instructions: Before further flight, replace per a method approved by either the Manager, New York Aircraft Certification Office (ACO), FAA; or Transport Canada Civil Aviation (TCCA) (or its delegated agent).

Note 1: For the purposes of this AD, a general visual inspection is defined as: ‘‘ 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 enhance visual access to all exposed 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. ’’ Reporting

(b) Submit a report of any corrosion of the shafts of the side-brace fittings of the MLG found during the inspections required by paragraph (a) of this AD to the Bombardier Technical Help Desk at fax number (514) 833

– 8501. Submit the report at the applicable time specified in paragraph (b)(1) or (b)(2) of this AD. Submission of the Field-Report Data Sheet in Appendix A of the service bulletin is an acceptable method for complying with this requirement. Include the inspection results (including the percentage of the


### 64858 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Rules and Regulations

corrosion), a digital photo of the shafts (if available), the location (zone) in which the corrosion is found, the serial number of the airplane, the name of the inspector, the service bulletin number, and the date of the inspection. Under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq. ), the Office of Management and Budget (OMB) has approved the information collection requirements contained in this AD and has assigned OMB Control Number 2120

– 0056.

(1) If the inspections are done after the effective date of this AD: Submit the report within 30 days after the inspection.

(2) If the inspections were done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD. Actions Accomplished per Previous Issue of Service Bulletin

(c) Actions accomplished before the effective date of this AD in accordance with Bombardier Service Bulletin 601R

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– 036, including Appendix A, dated April 30, 2002; Revision ‘‘ A ’’ , including Appendix A, dated May 17, 2002; or Revision ‘‘ B ’’ , including Appendix A, dated July 4, 2002; are considered acceptable for compliance with the corresponding actions specified in this AD. Alternative Methods of Compliance

(d) 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

(e) Unless otherwise specified in this AD, the actions shall be done in accordance with Bombardier Service Bulletin 601R

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– 036, Revision ‘‘ C ’’ , including Appendix A, dated January 30, 2003. 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; or 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

– 2002

– 41, dated September 20, 2002.
Effective Date

(f) This amendment becomes effective on December 14, 2004. Issued in Renton, Washington, on October 20, 2004. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 04

– 24629 Filed 11

– 8

– 04; 8:45 am]
**BILLING CODE 4910**

**– 13** 

**– P** 

**DEPARTMENT OF TRANSPORTATION**
**Federal Aviation Administration**

**14 CFR Part 39 [Docket No. 2004** 

**– CE** 

**– 11** 

**– AD; Amendment**  **39**

**– 13856; AD 2004** 

**– 22** 

**– 28]** 
**RIN 2120**

**– AA64**  **Airworthiness Directives; Raytheon Aircraft Company Model B100**  **Airplanes**

**AGENCY :**  Federal Aviation Administration (FAA), DOT. **ACTION :**  Final rule.

**SUMMARY :**  The FAA adopts a new airworthiness directive (AD) for certain Raytheon Aircraft Company (Raytheon) Model B100 airplanes. This AD requires you to drill holes in the hot lip tube ‘‘ B ’’ nuts, tighten the ‘‘ B ’’ nuts to specified torque ranges, and secure the ‘‘ B ’’ nuts with safety wire. This AD is the result of reports of loose ‘‘ B ’’ nuts on the engine inlet that may loosen and permit a leak in the engine inlet anti-ice system. We are issuing this AD to detect and correct loose ‘‘ B ’’ nuts on the engine inlet, which could result in failure of the engine inlet anti-ice system and consequent ice buildup. This failure and ice buildup could lead to an engine ’ s ingestion of ice with loss of engine power or loss of engine. **DATES :**  This AD becomes effective on December 27, 2004.

As of December 27, 2004, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. **ADDRESSES :**  You may get the service information identified in this AD from Raytheon Aircraft Company, 9709 E. Central, Wichita, Kansas 67201

– 0085; telephone: (800) 429

– 5372 or (316) 676

– 3140.

You may view the AD docket at FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2004

– CE

– 11

–AD, 901 Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. to 4 p.m., Monday through Friday, except Federal holidays. **FOR FURTHER INFORMATION CONTACT :**  Jeff Pretz, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Wichita, Kansas 67209; telephone: (316) 946

– 4153; facsimile: (316) 946

– 4407. **SUPPLEMENTARY INFORMATION :**  Discussion

What events have caused this AD? The FAA has received six reports of loose ‘‘ B ’’ nuts on the Raytheon Model B100 engine inlet anti-ice system found during routine maintenance. These loose ‘‘ B ’’ nuts may permit a leak in the engine inlet anti-ice system that would result in failure of the system with consequent ice buildup on the engine inlet.

What is the potential impact if FAA took no action? Failure of the engine inlet anti-ice system and consequent ice buildup could lead to an engine ’ s ingestion of ice with loss of engine power or loss of engine.

Has FAA taken any action to this point? We issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain Raytheon Model B100 airplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on May 26, 2004 (69 FR 29910). The NPRM proposed to require you to drill holes in the hot lip tube ‘‘ B ’’ nuts, tighten the ‘‘ B ’’ nuts to specified torque ranges, and secure the

‘‘ B ’’ nuts with safety wire. Comments

Was the public invited to comment? We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion

What is FAA ’ s final determination on this issue? We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections:

—Are consistent with the intent that

was proposed in the NPRM for correcting the unsafe condition; and

—Do not add any additional burden

upon the public than was already proposed in the NPRM. Changes to 14 CFR Part 39

—Effect on the AD

How does the revision to 14 CFR part 39 affect this AD? On July 10, 2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the FAA ’ s AD system. This regulation now includes material that relates to altered products, special