Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69073 

145LEG–32–0020, Revision 01, June 21, 

2005, contains the following effective pages: 

Page number Revision level shown 

on page 

Date shown on 

page 

1, 2, 15, 19 .......................................................................................................................................... 01 ................................ June 21, 2005. 

3–14, 16–18, 20, 21 ............................................................................................................................ Original ....................... April 1, 2005. 

The Director of the Federal Register 

approved the incorporation by reference of 

these documents in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Contact Empresa 

Brasileira de Aeronautica S.A. (EMBRAER), 

P.O. Box 343—CEP 12.225, Sao Jose dos 

Campos—SP, Brazil, for a copy of this service 

information. You may review copies at the 

Docket Management Facility, U.S. 

Department of Transportation, 400 Seventh 

Street SW., room PL–401, Nassif Building, 

Washington, DC; on the Internet at http:// 

dms.dot.gov; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at the 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 

November 2, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–22308 Filed 11–10–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22867; Directorate 

Identifier 2005–NM–209–AD; Amendment 

39–14359; AD 2005–23–01] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Bombardier Model CL–600–2B19 

(Regional Jet Series 100 & 440) 

airplanes. This AD requires revising the 

Airworthiness Limitations section of the 

Instructions for Continued 

Airworthiness of the Canadair Regional 

Jet Maintenance Requirements Manual 

by incorporating new procedures for 

repetitive detailed and special detailed 

inspections for cracking of the aft 

pressure bulkhead. This AD results from 

a fatigue test, which revealed cracking 

of the aft pressure bulkhead; subsequent 

in-service reports show that fatigue 

cracking has been found on other 

airplanes. We are issuing this AD to 

detect and correct cracking in the aft 

pressure bulkhead, which could result 

in reduced structural integrity and rapid 

decompression of the airplane. 

DATES: This AD becomes effective 

November 29, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 29, 2005. 

We must receive comments on this 

AD by January 13, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• 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. 

Contact Bombardier, Inc., Canadair, 

Aerospace Group, P.O. Box 6087, 

Station Centre-ville, Montreal, Quebec 

H3C 3G9, Canada, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Richard Beckwith, 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) 228–7302; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

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 during a 

complete aircraft fatigue test, cracking of 

the aft pressure bulkhead was found. 

Subsequent in-service reports show that 

fatigue cracking has been found on 

airplanes with as few as 17,821 total 

flight cycles. This condition, if not 

corrected, could result in reduced 

structural integrity and rapid 

decompression of the airplane. 

Relevant Service Information 

Bombardier has issued Canadair 

Regional Jet Temporary Revision (TR) 

2B–2109, dated October 13, 2005, to the 

Canadair Regional Jet Maintenance 

Requirements Manual (MRM), Part 2, 

Appendix B, ‘‘Airworthiness 

Limitations.’’ This TR incorporates 

repetitive special detailed and detailed 

inspections for cracking of the aft 

pressure bulkhead, in accordance with 

the procedures specified in the 

applicable task identified in the TR, into 

the MRM. TCCA mandated 

airworthiness limitations (AWL) 

Number 53–61–153 of the TR and 

issued Canadian airworthiness directive 

CF–2005–13R1, dated October 6, 2005, 

to ensure the continued airworthiness of 

these airplanes in Canada. 

FAA’s Determination and Requirements 

of This 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 we need to issue an AD 

for products of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are issuing this AD to 

detect and correct cracking in the aft 

pressure bulkhead, which could result 

in reduced structural integrity and rapid 

decompression of the airplane. This AD 

requires revising the AWL section of the 

Instructions for Continued 

Airworthiness of the Canadair Regional 

69074 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

Jet MRM by incorporating new 

repetitive detailed and special detailed 

inspections for cracking of the aft 

pressure bulkhead. This AD requires 

incorporating the actions specified in 

AWL Number 53–61–153 of the TR 

described previously into the Canadair 

Regional Jet MRM. 

Difference Between the AD and 

Canadian Airworthiness Directive 

The initial compliance times specified 

in the Canadian airworthiness directive 

are different than those that are required 

by this AD. The Canadian airworthiness 

directive contains a phase-in period 

based on a previous issue of that 

airworthiness directive; this AD does 

not include those compliance times. 

This difference has been coordinated 

with TCCA. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD; therefore, providing notice and 

opportunity for public comment before 

the AD is issued is impracticable, and 

good cause exists to make this AD 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

relevant written data, views, or 

arguments regarding this AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2005–22867; Directorate Identifier 

2005–NM–209–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD that might suggest a 

need to modify it. 

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 AD. Using the 

search function of that 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 may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78), or you may visit 

http://dms.dot.gov. 

Examining the Docket 

You may 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 Docket 

Management System receives them. 

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 

We have determined that 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 the 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 AD and placed it in the AD docket. 

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, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2005–23–01 Bombardier, Inc. (Formerly 

Canadair): Amendment 39–14359. 

Docket No. FAA–2005–22867; 

Directorate Identifier 2005–NM–209–AD. 

Effective Date 

(a) This AD becomes effective November 

29, 2005. 

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, having 

serial numbers 7003 through 8025 inclusive, 

8030 and 8034. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance according 

to paragraph (h) of this AD. The request 

should include a description of changes to 

the required inspections that will ensure the 

continued damage tolerance of the affected 

structure. The FAA has provided guidance 

for this determination in Advisory Circular 

(AC) 25–1529. 

Unsafe Condition 

(d) This AD results from a fatigue test 

which revealed cracking of the aft pressure 

bulkhead; subsequent in-service reports show 

that fatigue cracking has been found on 

certain other airplanes. We are issuing this 

AD to detect and correct cracking in the aft 

pressure bulkhead, which could result in 

reduced structural integrity and rapid 

decompression of the airplane. 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69075 

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. 

Revision to the Airworthiness Limitations 

(AWL) Section 

(f) Within 30 days after the effective date 

of this AD: Revise the Airworthiness 

Limitations section of the Instructions for 

Continued Airworthiness of the Canadair 

Regional Jet Maintenance Requirements 

Manual (MRM), Part 2, Appendix B, 

‘‘Structural Airworthiness Limitations’’ by 

incorporating the information specified in 

AWL Number 53–61–153 of the Canadair 

Regional Jet Temporary Revision (TR) 2B–

2109, dated October 13, 2005, into the AWL 

section. Perform the applicable detailed and 

special detailed inspections for cracking of 

the aft pressure bulkhead, as specified in the 

TR, at the applicable compliance time 

specified in Table 1 of this AD. Repeat the 

detailed inspection thereafter at intervals not 

to exceed 1,085 flight cycles, and repeat the 

special detailed inspection thereafter at 

intervals not to exceed 4,360 flight cycles, in 

accordance with the procedures specified in 

Structural Airworthiness Limitations, AWL 

Number 53–61–153, as introduced by the 

MRM. 

TABLE 1.—COMPLIANCE TIMES FOR INITIAL INSPECTIONS

As of the effective date of this AD: If the total flight cycles accumulated 

on the airplane are— Inspect before the airplane accumulates—

8,000 or fewer .......................................................................................... 12,000 total flight cycles. 

More than 8,000 but fewer than 12,000 ................................................... 15,000 total flight cycles or within 4,000 flight cycles after the effective 

date of this AD, whichever is first. 

12,000 or more but fewer than 15,000 .................................................... 17,000 total flight cycles or within 3,000 flight cycles after the effective 

date of this AD, whichever is first. 

15,000 or more but fewer than 17,000 .................................................... 18,500 total flight cycles or within 2,000 flight cycles after the effective 

date of this AD, whichever is first. 

17,000 or more but fewer than 18,500 .................................................... 19,500 total flight cycles or within 1,500 flight cycles after the effective 

date of this AD, whichever is first. 

18,500 or more but fewer than 19,500 .................................................... 20,000 total flight cycles or within 1,000 flight cycles after the effective 

date of this AD, whichever is first. 

19,500 or more ......................................................................................... 500 flight cycles after the effective date of this AD. 

(g) When the information in AWL Number 

53–61–153 of the Canadair Regional Jet TR 

2B–2109, dated October 13, 2005, is included 

in the general revisions of the MRM, the 

general revisions may be inserted into the 

AWL section of the Instructions for 

Continued Airworthiness, and this 

information may be removed from the MRM. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) 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. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Related Information 

(i) Canadian airworthiness directive CF–

2005–13R1, dated October 6, 2005, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(j) You must use Canadair Regional Jet 

Temporary Revision 2B–2109, dated October 

13, 2005, to the Canadair Regional Jet 

Maintenance Requirements Manual, Part 2, 

Appendix B, ‘‘Airworthiness Limitations,’’ to 

perform the actions that are required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference of this document 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Contact Bombardier, Inc., Canadair, 

Aerospace Group, P.O. Box 6087, Station 

Centre-ville, Montreal, Quebec H3C 3G9, 

Canada, for a copy of this service 

information. You may review copies at the 

Docket Management Facility, U.S. 

Department of Transportation, 400 Seventh 

Street SW., room PL–401, Nassif Building, 

Washington, DC; on the Internet at http:// 

dms.dot.gov; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at the 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 October 

31, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–22309 Filed 11–10–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22910; Directorate 

Identifier 2005–NM–208–AD; Amendment 

39–14372; AD 2005–23–14] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 airplanes. 

This AD requires repetitively replacing 

the low-stage check valve and 

associated seals of the right-hand engine 

bleed system. This AD results from a 

report that an engine shut down during 

flight due to the failure of the low-stage 

check valve to close. We are issuing this 

AD to prevent failure of the low-stage 

check valve, which could result in an 

engine shutting down during flight. 

DATES: This AD becomes effective 

November 29, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 29, 2005. 

We must receive comments on this 

AD by January 13, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington,