[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Rules and Regulations]
[Pages 52006-52009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17333]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21599; Directorate Identifier 2005-NM-036-AD; 
Amendment 39-14246; AD-2005-18-06]
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.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all Bombardier Model CL-600-2B19 series 
airplanes. That AD currently requires revising the airplane flight 
manual (AFM) to provide the flightcrew with operating limitations and 
procedures to enable them to maintain controllability of the airplane 
in the event that aileron control stiffness is encountered during 
flight. This new AD requires revising the Airworthiness

[[Page 52007]]

Limitations section of the Instructions of Continued Airworthiness to 
incorporate certain repetitive tasks for the aileron control system and 
requires a briefing to advise flightcrews that certain aileron control 
checks are no longer required. After accomplishing the applicable 
initial tasks, the existing AFM revisions for the aileron control check 
may be removed from the AFM. This AD results from the development of 
terminating actions for the AFM revisions. We are issuing this AD to 
prevent aileron control stiffness during flight, which could result in 
reduced or possible loss of controllability of the airplane.

DATES: This AD becomes effective October 6, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of Canadair Regional Jet Temporary Revision 2B-2068, dated 
December 13, 2004, listed in the AD as of October 6, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of Canadair Regional Jet TR RJ/109-2, dated August 9, 2002, 
as of October 10, 2002 (67 FR 60117, September 25, 2002).

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.
    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: Dan Parillo, 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.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2002-19-07, amendment 
39-12887 (67 FR 60117, September 25, 2002). The existing AD applies to 
all Bombardier Model CL-600-2B19 series airplanes. That NPRM was 
published in the Federal Register on June 22, 2005 (70 FR 36067). That 
NPRM proposed to retain the requirements of the existing AD (i.e., 
airplane flight manual (AFM) revisions). That NPRM also proposed to 
require revising the Airworthiness Limitations section of the 
Instructions of Continued Airworthiness to incorporate certain 
repetitive tasks for the aileron control system and briefing 
flightcrews that certain aileron control checks are no longer required. 
After accomplishing the applicable initial tasks, the existing AFM 
revisions for the aileron control check may be removed from the AFM.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the NPRM or 
on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                                               Average                       Cost per      U.S.-
            Action               Work hours   labor rate       Parts         airplane    registered   Fleet cost
                                               per hour                                  airplanes
----------------------------------------------------------------------------------------------------------------
AFM revisions (required by AD             1          $65  None...........          $65          727      $47,255
 2002-19-07).
Airworthiness Limitation                  1          $65  None...........          $65          727      $47,255
 revision (new action).
----------------------------------------------------------------------------------------------------------------

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 this AD:
    (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.
    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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

[[Page 52008]]

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-12887 (67 FR 60117, September 25, 2002) and by 
adding the following new airworthiness directive (AD):

2005-18-06 Bombardier, Inc. (Formerly Canadair): Amendment 39-14246. 
Docket No. FAA-2005-21599; Directorate Identifier 2005-NM-036-AD.

Effective Date

    (a) This AD becomes effective October 6, 2005.

Affected ADs

    (b) This AD supersedes AD 2002-19-07.

Applicability

    (c) This AD applies to all Bombardier Model CL-600-2B19 
(Regional Jet series 100 & 440) airplanes, certificated in any 
category.


    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 (m) 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 was prompted by the development of terminating 
actions for the airplane flight manual (AFM) revisions. We are 
issuing this AD to prevent aileron control stiffness during flight, 
which could result in the reduction or possible loss of 
controllability 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.

Requirements of AD 2002-19-07

AFM Revisions

    (f) Within 14 days after October 10, 2002 (the effective date of 
AD 2002-19-07), insert the procedures for aileron system jams 
specified in Canadair Regional Jet Temporary Revision (TR) RJ/109-2, 
dated August 9, 2002, into the Emergency Procedures and Abnormal 
Procedures Sections, as applicable, of the FAA-approved Canadair 
Regional Jet AFM.
    (g) Upon the accumulation of 5,000 total flight hours, or within 
14 days after October 10, 2002, whichever occurs later, insert the 
procedures for the aileron control check specified in Canadair 
Regional Jet TR RJ/109-2, dated August 9, 2002, into the Limitations 
and Normal Procedures Sections, as applicable, of the Canadair 
Regional Jet AFM.

    Note 2: The Limitations and Normal Procedures specified by 
paragraph (g) of this AD are required to be implemented only when an 
airplane has accumulated 5,000 total flight hours. However, 
individual pilots may operate other airplanes that have not yet 
accumulated 5,000 total flight hours, and that are not subject to 
those limitations and procedures. Therefore, to avoid any confusion 
or misunderstanding, it is important that airlines have 
communication mechanisms in place to ensure that pilots are aware, 
for each flight, whether the Limitations and Normal Procedures 
apply.

    (h) When the information in Canadair Regional Jet TR RJ/109-2, 
dated August 9, 2002, of the Canadair Regional Jet AFM, has been 
incorporated into the FAA-approved general revisions of the AFM, the 
TR may be removed from the AFM.

New Actions Required by This AD

Revision of Airworthiness Limitations (AWL) Section

    (i) Within 60 days after the effective date of this AD, revise 
the AWL section of the Instructions of Continued Airworthiness by 
incorporating the tasks specified in Table 1 of this AD and the 
corresponding ``Task Threshold/Interval'' of Canadair Regional Jet 
TR 2B-2068, dated December 13, 2004, into Appendix B--Airworthiness 
Limitations of Part 2 of Canadair Regional Jet Model CL-600-2B19 
Maintenance Requirements Manual. Thereafter, except as provided in 
paragraph (m) of this AD, no alternative lubrication/replacement 
intervals may be approved for the aileron control system. After 
accomplishing the applicable initial tasks, the AFM revisions for 
the aileron control check required by paragraph (g) of this AD and 
allowed by paragraph (h) of this AD may be removed from the AFM.

                     Table 1.--Affected Task Numbers
------------------------------------------------------------------------
                   Task No.                           Description
------------------------------------------------------------------------
(1) R22-11-A083-01...........................  Lubrication of aileron
                                                autopilot servo and
                                                servo mount engage
                                                clutch faces.
(2) R27-00-A053-01...........................  Replacement of aileron
                                                control pulleys with new
                                                or serviceable parts.
(3) R27-11-A082-01...........................  Lubrication of the
                                                aileron control cables
                                                at the wing pulley
                                                interfaces.
(4) R27-11-A082-02...........................  Lubrication of the
                                                aileron rear quadrant
                                                and trim lever bearings.
------------------------------------------------------------------------

    (j) For airplanes that have exceeded the task threshold for the 
new tasks specified in paragraph (i) of this AD as of the effective 
date of this AD: Do the initial tasks at the applicable ``Phase-In'' 
time specified in Canadiar Regional Jet TR 2B-2068, dated December 
13, 2004; except where the TR specifies accomplishing the task no 
later than the applicable compliance time ``from November 5, 2004,'' 
this AD requires accomplishing the task within the applicable 
compliance time ``after the effective date of this AD.''
    (k) When the information in Canadair Regional Jet TR 2B-2068, 
dated December 13, 2004, is included in the general revisions of the 
maintenance requirements manual, this TR may be removed.

Flightcrew Briefing

    (l) After accomplishing the applicable initial tasks required by 
paragraph (i) of this AD, brief flightcrews that there is no longer 
a requirement to perform aileron control checks following takeoff 
from a wet or contaminated runway.

Alternative Methods of Compliance (AMOCs)

    (m) 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.

Related Information

    (n) Canadian airworthiness directive CF-2002-35R2, issued 
January 6, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (o) You must use Canadair Regional Jet TR RJ/109-2, dated August 
9, 2002; and Canadair Regional Jet Temporary Revision 2B-2068, dated 
December 13, 2004, to the Canadair Regional Jet Model CL-600-2B19 
Maintenance Requirements Manual; as applicable; to perform the 
actions that are required by this AD, unless the AD specifies 
otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Canadair Regional Jet Temporary 
Revision 2B-2068, dated December 13, 2004, in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register approved the 
incorporation by reference of Canadair Regional Jet TR RJ/109-2, 
dated

[[Page 52009]]

August 9, 2002, as of October 10, 2002 (67 FR 60117, September 25, 
2002).
    (3) Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. 
Box 6087, Station Centreville, 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 August 24, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-17333 Filed 8-31-05; 8:45 am]
BILLING CODE 4910-13-P