[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Proposed Rules]
[Pages 70571-70574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26796]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19763; Directorate Identifier 2004-NM-187-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. This proposed AD would require doing repetitive 
inspections for fractures and cracks of the links of the aileron power 
control unit (PCU); replacing any fractured/cracked link; and doing 
applicable related investigative and corrective actions, if necessary. 
This proposed AD is prompted by reports indicating that the links of 
the aileron PCU have failed. We are proposing this AD to prevent 
failure of both links of the aileron PCU, which could result in reduced 
lateral control of the airplane.

DATES: We must receive comments on this proposed AD by January 6, 2005.

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.

[[Page 70572]]

    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. This docket 
number is FAA-2004-19763; the directorate identifier for this docket is 
2004-NM-187-AD.

FOR FURTHER INFORMATION CONTACT: Technical information: Dan Parrillo, 
Aerospace Engineer, Systems and Flight Test Branch, ANE-172, FAA, New 
York Aircraft Certification Office, 1600 Stewart Avenue, Westbury, 
suite 410, New York 11590; telephone (516) 228-7305; fax (516) 794-
5531.
    Plain language information: Marcia Walters, <a href="/cdn-cgi/l/email-protection#e68b8794858f87c891878a92839495a6808787c8818990"><span class="__cf_email__" data-cfemail="a4c9c5d6c7cdc58ad3c5c8d0c1d6d7e4c2c5c58ac3cbd2">[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-2004-19763; 
Directorate Identifier 2004-NM-187-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 website, 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 us that an unsafe condition may exist on 
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. TCCA advises that it has received reports indicating that 
the links of the aileron power control unit (PCU) have failed on 
several in-service airplanes. Failure of one link is considered to be a 
dormant failure. Failure of both links, if not corrected, could result 
in reduced lateral control of the airplane.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin A601R-27-130, Revision 
``B,'' including Appendices A and B, dated May 11, 2004. The service 
bulletin describes procedures for doing repetitive detailed inspections 
for fractures and cracks of the links of the aileron PCU; replacing any 
fractured/cracked link; and doing applicable related investigative and 
corrective actions, if necessary. The related investigative/corrective 
actions include:
    <bullet> Recording the torque value of the forward and aft 
attachment bolts for both links of the applicable aileron PCU;
    <bullet> Checking for mismatch between the link and output fork of 
aileron PCU; and
    <bullet> Doing an eddy current inspection of the lugs of the 
aileron PCU, and contacting the airplane manufacturer if a crack is 
found.
    The service bulletin also describes procedures for submitting 
inspection findings and other information to the airplane manufacturer.
    TCAA mandated the service information and issued Canadian 
airworthiness directive CF-2004-13, dated July 20, 2004, 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 
Sec.  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 we need to 
issue an AD 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 actions specified in the service information 
described previously, except as discussed under ``Differences Between 
the AD and Service Bulletin.''

Differences Between Proposed AD and Service Bulletin

    The service bulletin specifies that you may contact the 
manufacturer for disposition of any cracked aileron lug, but this 
proposed AD would require you to disposition and replace any cracked 
aileron lug using a method that we or TCCA (or its delegated agent) 
approve. In light of the type of replacement that would be required to 
address the unsafe condition, and consistent with existing bilateral 
airworthiness agreements, we have determined that, for this proposed 
AD, a replacement we or TCCA approve would be acceptable for compliance 
with this proposed AD.
    Operators should note that, although the Accomplishment 
Instructions of the referenced service bulletin describe procedures for 
submitting a comment sheet related to service bulletin quality and a 
sheet recording compliance with the service bulletin, this proposed AD 
would not require those actions. We do not need this information from 
operators.

Interim Action

    This is considered to be interim action until final action is 
identified, at

[[Page 70573]]

which time we may consider further rulemaking.

Costs of Compliance

    This proposed AD would affect about 697 airplanes of U.S. registry. 
The proposed inspection would take about 1 work hour 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 $45,305, or $65 
per airplane, per inspection cycle.

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-2004-19763; 
Directorate Identifier 2004-NM-187-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by January 6, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, serial numbers 7003 and subsequent; 
certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports indicating that the links of 
the aileron power control unit (PCU) have failed. We are issuing 
this AD to prevent failure of both links of the aileron PCU, which 
could result in reduced lateral control of the airplane.

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.

Repetitive Inspections

    (f) Before the accumulation of 2,000 total flight hours, or 
within 550 flight hours after the effective date of this AD, 
whichever occurs later, do a detailed inspection for fractures and 
cracks of the links of the aileron PCU, in accordance with Part A of 
the Accomplishment Instructions of Bombardier Alert Service Bulletin 
A601R-27-130, Revision ``B,'' including Appendices A and B, dated 
May 11, 2004. Repeat the detailed inspection thereafter at intervals 
not to exceed 1,000 flight hours.

    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 
mirrors magnifying lenses, etc. may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Corrective Action

    (g) If any fractured or cracked link is detected during any 
inspection required by paragraph (f) of this AD, before further 
flight, replace the fractured/cracked link and do the applicable 
related investigative and corrective actions by doing all the 
actions in accordance with Part B of the Accomplishment Instructions 
of Bombardier Alert Service Bulletin A601R-27-130, Revision ``B,'' 
including Appendices A and B, dated May 11, 2004; except as required 
by paragraph (h) of this AD.
    (h) If any crack is found on the aileron lugs during any related 
investigative action required by paragraph (g) of this AD, and the 
service bulletin recommends contacting Bombardier for disposition: 
Before further flight, disposition and replace the cracked aileron 
lug in accordance with a method approved by the Manager, New York 
Aircraft Certification Office (ACO), FAA, or Transport Canada Civil 
Aviation (TCCA) (or its delegated agent).

Acceptable Revisions of the Referenced Service Bulletin

    (i) Actions specified in paragraphs (f) and (g) of this AD done 
before the effective date of this AD in accordance with Bombardier 
Alert Service Bulletin A601R-27-130, Revision ``A,'' including 
Appendices A and B, dated December 22, 2003; are acceptable for 
compliance with the corresponding requirements of paragraphs (f) and 
(g) of this AD.
    (j) Accomplishment of the initial inspection of the links of the 
aileron PCU, and replacement if necessary, before the effective date 
of this AD in accordance with Bombardier Alert Service Bulletin 
A601R-27-130, including Appendices A and B, dated November 13, 2003, 
is acceptable for compliance with the corresponding requirements of 
paragraphs (f) and (g) of this AD; except as provided by paragraph 
(k) of this AD.
    (k) Airplanes on which a fractured or cracked link of the 
aileron PCU was found that were not subject to an NDT inspection of 
the aileron lugs (i.e., related investigative action required by 
paragraph (h) of this AD) before the effective date of this AD must 
do an NDT inspection of the applicable lugs in accordance with 
paragraph (g) of this AD at the next repetitive detailed inspection 
of the link of the aileron PCU required by this AD.

Reporting

    (l) Submit a report of the findings (both positive and negative) 
of the initial inspection required by paragraph (f) of this AD and 
any associated fractured or cracked link to Bombardier Aerospace 
Inc., c/o In-Service Engineering, 3rd floor, Dept. 508, 400 Cote 
Vertu Road West, Dorval, QC, Canada H4S 1Y9, at the applicable time 
specified in paragraph (l)(1) or (l)(2) of this AD. The report must 
be done in accordance with Appendices A and B of Bombardier Alert 
Service Bulletin A601R-27-130, Revision ``B,'' dated May 11, 20004. 
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 inspection was done after the effective date of this 
AD: Submit the report and any fractured/cracked link within 30 days 
after the inspection.
    (2) If the inspection was accomplished prior to the effective 
date of this AD: Submit the report and any fractured/cracked link 
within 30 days after the effective date of this AD.

No Submission of Comment Sheets

    (m) Although the service bulletin referenced in this AD 
specifies to submit comment and compliance sheets to the 
manufacturer, this AD does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (n) The Manager, New York Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

[[Page 70574]]

Related Information

    (o) Canadian airworthiness directive CF-2004-13, dated July 20, 
2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on November 26, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-26796 Filed 12-6-04; 8:45 am]
BILLING CODE 4910-13-P


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