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Federal Register / Vol. 70, No.

119 / Wednesday, June 22, 2005 / Rules and Regulations 35987

The Special Conditions action for the repetitive inspections, and Comments
repairing any crack. This AD is We provided the public the
■ Accordingly, pursuant to the authority
prompted by reports of hydraulic opportunity to participate in the
delegated to me by the Administrator, pressure loss in either the number 1 or
the following special conditions are development of this AD. We have
number 2 hydraulic system due to considered the comments that have
issued as part of the type certification breakage or leakage of hydraulic lines in
basis for the Raytheon Model 300 been submitted on the proposed AD.
the aft equipment bay and reports of
airplane modified by Duncan Aviation to cracks on the aft pressure bulkhead web Request To Remove Airplanes From the
add the Universal Avionics EFI–890 around these feed-through holes. We are Applicability
system. issuing this AD to prevent loss of
1. Protection of Electrical and One commenter requests that certain
hydraulic pressure, which could result airplane serial numbers be excluded
Electronic Systems from High Intensity
in reduced controllability of the from the applicability specified in
Radiated Fields (HIRF). Each system airplane, and to detect and correct
that performs critical functions must be paragraph (c) of the proposed AD. The
cracks on the aft pressure bulkhead web, commenter states that the inspection of
designed and installed to ensure that the which could result in reduced structural
operations, and operational capabilities the hydraulic tube adapters specified in
integrity of the aft pressure bulkhead. Bombardier CRJ 700/900 Series
of these systems to perform critical
DATES: This AD becomes effective July Temporary Revision (TR) MRM2–129,
functions, are not adversely affected
when the airplane is exposed to high 27, 2005. dated June 1, 2004 (referenced in the
The incorporation by reference of a proposed AD as the appropriate source
intensity radiated electromagnetic fields
certain publication listed in the AD is of service information), should be
external to the airplane.
2. For the purpose of these special approved by the Director of the Federal applicable to Bombardier Model CL–
conditions, the following definition Register as of July 27, 2005. 600–2C10 (Regional Jet Series 700 &
applies: Critical Functions: Functions ADDRESSES: For service information 701) series airplanes having serial
whose failure would contribute to, or identified in this AD, contact numbers 10003 through 10099
cause, a failure condition that would Bombardier, Inc., Canadair, Aerospace inclusive, since Modification Summary
prevent the continued safe flight and Group, P.O. Box 6087, Station Centre- 670T11944 was introduced in
landing of the airplane. ville, Montreal, Quebec H3C 3G9, production at serial number 10100. The
Canada. commenter also states the two
Issued in Kansas City, Missouri on June 15, Docket: The AD docket contains the
2005. remaining inspections of the bulkhead
proposed AD, comments, and any final assembly and pylon pressure pan
John R. Colomy, disposition. You can examine the AD
Acting Manager, Small Airplane Directorate,
specified in TR MRM2–129 should be
docket on the Internet at http:// applicable to only airplanes having
Aircraft Certification Service. dms.dot.gov, or in person at the Docket
[FR Doc. 05–12363 Filed 6–21–05; 8:45 am]
serial numbers 10003 through 10156
Management Facility office between 9 inclusive, since Modification Summary
BILLING CODE 4910–13–P a.m. and 5 p.m., Monday through 670T11508 was incorporated in
Friday, except Federal holidays. The production at serial number 10157.
Docket Management Facility office We agree. Bombardier CRJ 700/900
DEPARTMENT OF TRANSPORTATION (telephone (800) 647–5227) is located on
Series MRM2–129, dated June 1, 2004,
the plaza level of the Nassif Building at identifies Modification Summaries
Federal Aviation Administration
the U.S. Department of Transportation, 670T00494 or 670T11944; and
400 Seventh Street SW., room PL–401, Modification Summary 670T11508 or
14 CFR Part 39
Washington, DC. This docket number is Bombardier Service Bulletin 670BA–29–
[Docket No. FAA–2004–19754; Directorate FAA–2004–19754; the directorate 008, dated March 12, 2004, or Revision
Identifier 2004–NM–181–AD; Amendment identifier for this docket is 2004–NM–
39–14138; AD 2005–13–02] A, dated May 5, 2004; as terminating
181–AD. modification for the applicable
RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: repetitive inspections. Therefore, we
Serge Napoleon, Aerospace Engineer, have revised the applicability of this AD
Airworthiness Directives; Bombardier Airframe and Propulsion Branch, ANE– to ‘‘exclud[e] those airplanes on which
Model CL–600–2C10 (Regional Jet 171, FAA, New York Aircraft Modification Summaries 670T00494 or
Series 700 & 701) Series Airplanes, and Certification Office, 1600 Stewart 670T11944; and Modification Summary
Model CL–600–2D24 (Regional Jet Avenue, suite 410, Westbury, New York 670T11508 or Bombardier Service
Series 900) Series Airplanes 11590; telephone (516) 228–7312; fax Bulletin 670BA–29–008, dated March
AGENCY: Federal Aviation (516) 794–5531. 12, 2004, or Revision A, dated May 5,
Administration (FAA), Department of SUPPLEMENTARY INFORMATION: The FAA 2004); has been incorporated in
Transportation (DOT). proposed to amend 14 CFR part 39 with production.’’
ACTION: Final rule. an AD for certain Bombardier Model
CL–600–2C10 (Regional Jet series 700 & Request To Refer to Latest Revision of
SUMMARY: The FAA is adopting a new 701) series airplanes, and Model CL– Maintenance Requirement Manual
airworthiness directive (AD) for certain 600–2D24 (Regional Jet series 900) One commenter requests that
Bombardier Model CL–600–2C10 series airplanes. That action, published paragraph (f) of the proposed AD refer
(Regional Jet series 700 & 701) series in the Federal Register on December 1, to Revision 4, dated September 9, 2004,
airplanes, and Model CL–600–2D24 2004 (69 FR 69842), proposed to require of the general revisions of the
(Regional Jet series 900) series airplanes. revising the Airworthiness Limitations Maintenance Requirement Manual
This AD requires revising the section of the Instructions of Continued instead of Bombardier CRJ 700/900
Airworthiness Limitations section of the Airworthiness by incorporating new Series TR MRM2–129, dated June 1,
Instructions of Continued Airworthiness repetitive inspections and an optional 2004. The commenter states that TR
by incorporating new repetitive terminating action for the repetitive MRM2–129 was superseded by Revision
inspections and an optional terminating inspections, and repairing any crack. 4 of the general revisions before

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35988 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations

publication of the NPRM in the Federal months for damage tolerance detail the scope of the Agency’s
Register. evaluations of its repairs. authority.
We contacted the commenter to get We agree with the first commenter We are issuing this rulemaking under
clarification about its request. In an e- that paragraph (h)(2) of the proposed AD the authority described in subtitle VII,
mail response, the commenter states does not address airplanes that have part A, subpart III, section 44701,
that its Maintenance Requirement been repaired before the effective date of ‘‘General requirements.’’ Under that
Manual no longer contains TR MRM2– this AD. The specified compliance time section, Congress charges the FAA with
129, because it has been superseded by of ‘‘within 30 days after repairing any promoting safe flight of civil aircraft in
Revision 4 of the general revisions. The crack in accordance with paragraph air commerce by prescribing regulations
commenter also states that there are (h)(1) of this AD’’ would ground those for practices, methods, and procedures
differences between the two documents airplanes on the effective of this AD. We the Administrator finds necessary for
and provides an example of such a also agree with the second commenter safety in air commerce. This regulation
difference. to extend the compliance time of is within the scope of that authority
We do not agree with the commenter’s paragraph (h)(2) of the AD, but do not because it addresses an unsafe condition
request to revise paragraph (f) of the AD. agree with the commenter’s suggested that is likely to exist or develop on
We acknowledge that, once TR MRM2– compliance time. We have determined products identified in this rulemaking
129 is incorporated into the general that the new inspection requirements action.
revisions of the Maintenance are not always readily available after a
Requirement Manual, it is void and no Regulatory Findings
repair. We have consulted with TCCA
longer exists. It is impossible for us to and determined that a 12-month We have determined that this AD will
ascertain the revision level of the compliance time is an adequate amount not have federalism implications under
general revisions at which the contents of time for operators to incorporate the Executive Order 13132. This AD will
of a TR will be incorporated and to new inspection criteria. Therefore, we not have a substantial direct effect on
anticipate when that will be done. the States, on the relationship between
have revised paragraph (h)(2) of the AD
Therefore, we find it appropriate to refer the national government and the States,
by including two new subparagraphs for
to TR MRM2–129 in paragraph (f) of the or on the distribution of power and
the revised compliance time. The
AD. It should be noted that we responsibilities among the various
revised compliance time is as follows:
attempted to address incorporation of
the contents of TR MRM2–129 into the • If the repair required by paragraph levels of government.
(h)(1) of this AD is done after the For the reasons discussed above, I
general revisions in paragraph (h) of the
effective date of this AD: Revise the certify that this AD:
proposed AD, which states, ‘‘When the
information in TR MRM2–129, dated Airworthiness Limitations section (1) Is not a ‘‘significant regulatory
June 1, 2004, is included in the general within 12 months after the repair. action’’ under Executive Order 12866;
revisions of the Maintenance • If the repair required by paragraph (2) Is not a ‘‘significant rule’’ under
Requirement Manual, this TR may be (h)(1) of this AD was accomplished DOT Regulatory Policies and Procedures
removed.’’ However, we find that before the effective date of this AD: (44 FR 11034, February 26, 1979); and
clarification is necessary and have Revise the Airworthiness Limitations (3) Will not have a significant
revised paragraph (h) to read ‘‘When the section within 12 months after the economic impact, positive or negative,
information in TR MRM2–129, dated repair or 30 days after the effective date on a substantial number of small entities
June 1, 2004, is included in the general of this AD, whichever occurs later. under the criteria of the Regulatory
revisions of the Maintenance Flexibility Act.
Conclusion
Requirement Manual, the general We prepared a regulatory evaluation
revisions may be inserted into the We have carefully reviewed the of the estimated costs to comply with
Airworthiness Limitations section of the available data, including the comments this AD. See the ADDRESSES section for
Instructions of Continued Airworthiness that have been submitted, and a location to examine the regulatory
and this TR may be removed.’’ determined that air safety and the evaluation.
public interest require adopting the AD
Request To Revise Compliance Time for with the changes described previously. List of Subjects in 14 CFR Part 39
Paragraph (h)(2) of the NPRM We have determined that these changes Air transportation, Aircraft, Aviation
One commenter requests that a will neither increase the economic safety, Incorporation by reference,
subparagraph be added to paragraph (h) burden on any operator nor increase the Safety.
of the proposed AD stating, ‘‘Within 30 scope of the AD.
Adoption of the Amendment
days after the effective date of this AD
Costs of Compliance
for cracks previously repaired revise the ■ Accordingly, under the authority
Airworthiness Limitations section of the This AD will affect about 116 delegated to me by the Administrator,
Maintenance Requirement Manual as airplanes of U.S. registry. The required the FAA amends 14 CFR part 39 as
stated in (h)(2).’’ The commenter notes actions will take about 1 work hour per follows:
that paragraph (h) of the proposed AD airplane, at an average labor rate of $65
does not address airplanes that were per work hour. Based on these figures, PART 39—AIRWORTHINESS
previously repaired. the estimated cost of the AD for U.S. DIRECTIVES
A second commenter requests that operators is $7,540, or $65 per airplane.
paragraph (h)(2) of the proposed AD be ■ 1. The authority citation for part 39
Authority for This Rulemaking continues to read as follows:
extended from ‘‘Within 30 days after
repairing any crack * * *’’ to ‘‘Within Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701.
30 days after receiving any new specifies the FAA’s authority to issue
§ 39.13 [Amended]
inspection requirements for repairs rules on aviation safety. Subtitle I,
* * *.’’ The commenter states that it section 106, describes the authority of ■ 2. The FAA amends § 39.13 by adding
has experienced cases where the the FAA Administrator. Subtitle VII, the following new airworthiness
airplane manufacturer has exceeded 12 Aviation Programs, describes in more directive (AD):

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Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations 35989

2005–13–02 Bombardier, Inc. (Formerly Affected ADs Summary 670T11508 or Bombardier Service
Canadair): Amendment 39–14138. (b) None. Bulletin 670BA–29–008, dated March 12,
Docket No. FAA–2004–19754; 2004, or Revision A, dated May 5, 2004; has
Applicability: (c) This AD applies to the
Directorate Identifier 2004–NM–181–AD. been incorporated in production.
airplanes listed in Table 1 of this AD,
Effective Date certificated in any category, excluding those
(a) This AD becomes effective July 27, airplanes on which Modification Summaries
2005. 670T00494 or 670T11944; and Modification

TABLE 1.—APPLICABILITY
Bombardier model Serial numbers

(1) CL–600–2C10 (Regional Jet Series 700 & 701) series airplanes .................................................................. 10003 through 10999 inclusive.
(2) CL–600–2D24 (Regional Jet Series 900) series airplanes ............................................................................. 15001 through 15990 inclusive.

Unsafe Condition (1) Before further flight, repair the crack in Bombardier, Inc., Canadair, Aerospace
(d) This AD was prompted by reports of accordance with a method approved by Group, P.O. Box 6087, Station Centre-ville,
hydraulic pressure loss in either the number either the Manager, New York Aircraft Montreal, Quebec H3C 3G9, Canada. To view
1 or number 2 hydraulic system due to Certification Office (ACO), FAA; or Transport the AD docket, contact the Docket
breakage or leakage of hydraulic lines in the Canada Civil Aviation (TCCA) (or its Management Facility, U.S. Department of
aft equipment bay and reports of cracks on delegated agent). Transportation, 400 Seventh Street SW.,
the aft pressure bulkhead web around these (2) At the applicable time specified in room PL–401, Nassif Building, Washington,
feed-through holes. We are issuing this AD to paragraph (h)(2)(i) or (h)(2)(ii) of this AD, DC. To review copies of the service
prevent loss of hydraulic pressure, which revise the Airworthiness Limitations section information, go to the National Archives and
could result in reduced controllability of the of the Instructions of Continued Records Administration (NARA). For
airplane, and to detect and correct cracks on Airworthiness by inserting a copy of the information on the availability of this
the aft pressure bulkhead web, which could inspection requirements for the repair material at the NARA, call (202) 741–6030,
result in reduced structural integrity of the required by paragraph (h)(1) of this AD into or go to http://www.archives.gov/
aft pressure bulkhead. Section 1.4, Part 2 (Airworthiness federal_register/code_of_federal
Compliance: (e) You are responsible for Limitations), of Bombardier Regional Jet _regulations/ibr_locations.html.
having the actions required by this AD Model CL–600–2C10 and CL–600–2D24
Maintenance Requirements Manual, CSP B– Issued in Renton, Washington, on June 10,
performed within the compliance times 2005.
specified, unless the actions have already 053. Thereafter, except as provided in
been done. paragraph (i) of this AD, no alternative Michael Kaszycki,
structural inspection intervals may be Acting Manager, Transport Airplane
Revision of Airworthiness Limitations approved for this aft pressure bulkhead and Directorate, Aircraft Certification Service.
Section pylon pressure pan in the vicinity of the [FR Doc. 05–12000 Filed 6–21–05; 8:45 am]
(f) Within 30 days after the effective date hydraulic fittings, and the hydraulic tube
BILLING CODE 4910–13–P
of this AD, revise the Airworthiness adapters.
Limitations section of the Instructions of (i) If the repair required by paragraph (h)(1)
Continued Airworthiness by inserting a copy of this AD is done after the effective date of
of the new repetitive inspections and an this AD: Revise the Airworthiness DEPARTMENT OF TRANSPORTATION
optional terminating action of Bombardier Limitations section within 12 months after
CRJ 700/900 Series Temporary Revision (TR) the repair. Federal Aviation Administration
MRM2–129, dated June 1, 2004, into Section (ii) If the repair required by paragraph
1.4, Part 2 (Airworthiness Limitations), of (h)(1) of this AD was accomplished before the 14 CFR Part 39
Bombardier Regional Jet Model CL–600–2C10 effective date of this AD: Revise the
[Docket No. FAA–2004–19678; Directorate
and CL–600–2D24 Maintenance Airworthiness Limitations section within 12
Identifier 2004–NM–62–AD; Amendment 39–
Requirements Manual, CSP B–053. months after the repair or 30 days after the
14141; AD 2005–13–05]
Thereafter, except as provided in paragraph effective date of this AD, whichever occurs
(h)(2) or (i) of this AD, no alternative later. RIN 2120–AA64
structural inspection intervals may be
Alternative Methods of Compliance
approved for this aft pressure bulkhead and Airworthiness Directives; Boeing
pylon pressure pan in the vicinity of the (AMOCs)
Model 747–400F Series Airplanes
hydraulic fittings and the hydraulic tube (i) The Manager, New York ACO, FAA, has
adapters. the authority to approve AMOCs for this AD, AGENCY: Federal Aviation
(g) When the information in TR MRM2– if requested in accordance with the Administration (FAA), Department of
129, dated June 1, 2004, is included in the procedures found in 14 CFR 39.19. Transportation (DOT).
general revisions of the Maintenance
Related Information ACTION: Final rule.
Requirement Manual, the general revisions
may be inserted into the Airworthiness (j) Canadian airworthiness directive CF–
2004–14, dated July 20, 2004, also addresses SUMMARY: The FAA is adopting a new
Limitations section of the Instructions of
Continued Airworthiness and this TR may be the subject of this AD. airworthiness directive (AD) for certain
removed. Boeing Model 747–400F series
Material Incorporated by Reference airplanes. This AD requires initial
Corrective Action (k) You must use Bombardier CRJ 700/900 detailed and open-hole high frequency
(h) If any crack is found during any Series Temporary Revision MRM2–129, eddy current inspections for cracking of
inspection done in accordance with dated June 1, 2004, to perform the actions the web, upper chord, and upper chord
Bombardier CRJ 700/900 Series TR MRM2– that are required by this AD, unless the AD
129, dated June 1, 2004, or the same specifies otherwise. The Director of the
strap of the upper deck floor beams, and
inspection specified in the general revisions Federal Register approves the incorporation repair of any cracking. This AD also
of the Maintenance Requirement Manual, do by reference of this document in accordance requires a preventive modification of
the actions specified in paragraphs (h)(1) and with 5 U.S.C. 552(a) and 1 CFR part 51. To the upper deck floor beams, and
(h)(2) of this AD. get copies of the service information, contact repetitive inspections for cracking after

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