[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Rules and Regulations]
[Pages 72361-72363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23511]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-46-AD; Amendment 39-14392; AD 2005-24-12]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700, 701, & 702) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Bombardier Model CL-600-2C10 (Regional Jet Series 
700, 701, & 702) airplanes, that requires an inspection of the thrust 
reverser cascades for correct installation; removing and reinstalling 
the cascade in the correct location, if necessary; and reworking the 
thrust reverser cascades to add locating spigots (metal protrusions) to 
each cascade; as applicable. This action is necessary to prevent 
asymmetric reverse thrust and consequent loss of control of the 
airplane during reverse thrust operation. This action is intended to 
address the identified unsafe condition.

DATES: Effective January 9, 2006.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 9, 2006.

ADDRESSES: The service information referenced in this AD may be 
obtained from Bombardier, Inc., Canadair, Aerospace Group, P.O. 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.

FOR FURTHER INFORMATION CONTACT: Rocco Viselli or James Delisio, 
Aerospace Engineers, New York Aircraft Certification Office, FAA, 
Engine and Propeller Directorate, 1600 Stewart Avenue, suite 410, 
Westbury, New York 11590; telephone (516) 228-7331; 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 Bombardier Model CL-600-2C10 
(Regional Jet Series 700, & 701) series airplanes was published in the 
Federal Register on May 19, 2004 (69 FR 28865). That action proposed to 
require an inspection of the thrust reverser cascades for correct 
installation; removing and reinstalling the cascade in the correct 
location, if necessary; and reworking the thrust reverser cascades to 
add locating spigots (metal protrusions) to each cascade; as 
applicable.

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 To Clarify Intent of Paragraph (b) of the Proposed AD

    The commenter requests clarification on the inspection of the 
cascades upon the reinstallation of a cascade. The commenter wonders: 
``In the event only one cascade is removed and reinstalled, does this 
paragraph require performance of the entire service bulletin 
([Bombardier Alert Service Bulletin] A670BA-78-001) meaning both 
[engine] nacelles, on the corresponding nacelle, or for the individual 
cascade?'
    We agree that clarification may be needed. We intended only for the 
corresponding nacelle or for the individual cascade to be inspected for 
correct installation when a cascade is removed and reinstalled. We have 
not changed the AD in this regard.

Request To Change the Applicability of Paragraph (b)

    The commenter requests that the applicability of paragraph (b) of 
the proposed AD be changed since the applicability of paragraph (a) is 
limited to airplanes with serial numbers (S/N) 10005 through 10040. The 
commenter suggests revising paragraph (b) to be applicable only to 
cascades that have been removed and reinstalled.
    We agree that the reasoning for the applicability of paragraph (b) 
of this AD needs to be clarified. However, we disagree that paragraph 
(b) needs to be revised. Airplanes with S/N 10005 through 10040 
inclusive may have been delivered to customers with incorrectly 
installed cascades (before awareness of the incorrect cascade 
installation occurred). Airplanes with S/N 10003, 10004, and 10041 
through 10116 were subject to a pre-delivery inspection to ensure that 
the airplanes were delivered with correctly configured cascades. 
However, those airplanes were delivered with cascades that could be 
mis-installed during maintenance actions. Airplanes with S/N 10117 and 
subsequent were delivered with cascades that were modified to help 
prevent mis-installation of the cascades. We have not changed the AD in 
this regard.

Request To Revise Cost Impact Statement

    The commenter states that the cost impact statements do not reflect 
those in the referenced service bulletins. We infer that the commenter 
requests that the cost estimates be revised.
    We partially agree to revise the cost impact statement. We 
erroneously stated the per nacelle cost to perform the modification as 
the per airplane cost. We have revised the statement to state the 
correct per airplane cost for the modification. However, we do not 
agree to revise the cost estimate for the inspection. We only include 
costs directly related to the required action. While the service 
bulletin includes an estimate on the cost to access and close-up the 
inspection area and other actions not directly a part of the 
inspection, we do not include those costs in our estimate. Those 
actions can be used in combination with other ADs, service bulletins, 
or maintenance actions that use the same access points.

Request To Delete Paragraph (e) of This AD

    The commenter states that due to the amount of work hours involved 
in modifying the cascades, the applicability of paragraph (e) of the 
proposed AD should be modified to be limited only to cascades that have 
been removed and reinstalled or replaced per the inspection criteria in 
paragraph (b) of the proposed AD.
    We do not agree to eliminate or modify paragraph (e) of this AD. 
The actions of paragraphs (b) and (e) of this AD are intended to 
differentiate between installation and reinstallation situations. For 
instance, a situation where an operator removes a cascade to gain 
access to an engine component may be considered a ``reinstallation'' 
situation, and the operator would be required to inspect the cascade 
installation to ensure that the removed cascade was reinstalled 
correctly. In that case, paragraph (b) would apply and the operator 
would not need to modify the cascade per paragraph (e). In contrast, if 
an operator was removing a cascade to do an action on it or to replace 
the cascade with another cascade, then the operator would be required 
to ensure that the cascade being installed has been modified in 
accordance with paragraph (e) and would not be permitted to only

[[Page 72362]]

inspect for proper installation. The modification in paragraph (e) is 
intended as a terminating action for the inspections required by this 
AD. We have not changed the AD in this regard.

Parts Availability

    The commenter also states that spares are not readily available. 
The commenter adds that the lead time (order to delivery) for kits to 
modify the thrust reverser cascades is 10 to 12 weeks. We infer that 
the commenter wants the compliance time for the modified parts required 
in paragraph (e) of this AD to be extended.
    We agree to extend the compliance time of paragraph (e) of this AD 
and have modified paragraph (e) to have a compliance time of 90 days 
after the effective date of this AD. We have evaluated the level of 
risk and have determined that extending the compliance time for 
paragraph (e) of this AD will not adversely affect safety. Should it be 
necessary, paragraph (g) of this AD provides operators the opportunity 
to request an additional extension of the compliance time if data (such 
as proof that parts have been ordered) are presented to justify such an 
extension.

Request To Revise Reference in Note 2

    The commenter notes that the Bombardier service bulletin reference 
in Note 2 is missing a ``B'' from the service bulletin number.
    We agree. We have changed the reference in Note 2 to correctly 
reference the Bombardier service bulletin.

Explanation of Change to Applicability

    We have revised the applicability of the existing AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Clarification of Previous Difference With the Canadian Airworthiness 
Directive

    In the NPRM, we differed from the Canadian airworthiness directive 
available at that time (CF-2002-30, dated May 22, 2002) and proposed 
requiring the modification actions in paragraph (d) of this AD. We also 
noted that Transport Canada Civil Aviation (TCCA) was considering 
superseding their airworthiness directive to mandate the same actions 
we specified in paragraph (d). On June 22, 2004, the TCCA issued a 
revised Canadian airworthiness directive (CF-2002-30R1) that added a 
requirement for the modification that is the same as the actions of 
paragraph (d). We no longer differ from the Canadian airworthiness 
directive. We have revised Note 3 of this AD to refer to the revised 
Canadian airworthiness directive.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 102 airplanes of U.S. registry will be 
affected by this AD. The average labor rate is $65 per work hour.
    It will take approximately 1 work hour per airplane to accomplish 
the inspection. Based on these figures, the cost impact of the 
inspection on U.S. operators is estimated to be $6,630, or $65 per 
airplane, per inspection cycle.
    It will take approximately 6 work hours per airplane to accomplish 
the modification. Based on these figures, the cost impact of the rework 
on U.S. operators is estimated to be $39,780, or $390 per airplane.
    The cost impact figures discussed above are 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.

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 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

0
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

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


[[Page 72363]]


2005-24-12 Bombardier, Inc (Formerly Canadair): Amendment 39-14392. 
Docket No. 2003-NM-46-AD.

    Applicability: Model CL-600-2C10 (Regional Jet Series 700, 701, 
& 702) airplanes, serial numbers 10003 through 10116 inclusive, 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent asymmetric reverse thrust and consequent loss of 
control of the airplane during reverse thrust operation, accomplish 
the following:

Inspection

    (a) For airplanes with serial numbers 10005 through 10040 
inclusive: Within 72 flight hours or 30 days from the effective date 
of the AD, whichever occurs first, perform a general visual 
inspection of the thrust reverser cascades for correct installation, 
per the Accomplishment Instructions of Bombardier Alert Service 
Bulletin A670BA-78-001, Revision A, dated April 23, 2002.

    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.''

Repetitive Inspections for Certain Airplanes

    (b) For airplanes with serial numbers 10003 through 10116 
inclusive: Each time the thrust reverser cascade is removed and 
reinstalled, perform the action specified in paragraph (a) of this 
AD.

Corrective Action

    (c) If any thrust reverser cascade is found to be incorrectly 
installed during any inspection required by paragraph (a) or (b) of 
this AD, before further flight, remove and reinstall the cascade in 
the correct location, per the Accomplishment Instructions of 
Bombardier Alert Service Bulletin A670BA-78-001, Revision A, dated 
April 23, 2002.

Terminating Action

    (d) Within 6,000 flight hours from the effective date of the AD, 
rework the thrust reverser cascades by accomplishing all the actions 
in the Accomplishment Instructions of Bombardier Service Bulletin 
670BA-78-003, dated January 22, 2004. Accomplishment of the rework 
terminates the requirements of paragraphs (a) and (b) of this AD.

    Note 2: Bombardier Service Bulletin 670BA-78-003, references GE 
Aircraft Engines Service Bulletin 670GE-78-008, dated December 17, 
2003, as an additional source of service information for the 
accomplishment of the rework.

Parts Installation

    (e) Except as provided by paragraphs (b) and (c) of this AD, 
within 90 days after the effective date of this AD, no person may 
install on any airplane a thrust reverser cascade with powerplant 
system, serial numbers PS0003 through PS0116 inclusive, left- and 
right-hand, unless it has been reworked per Bombardier Service 
Bulletin 670BA-78-003, dated January 22, 2004.

Previous Actions

    (f) Inspections accomplished before the effective date of this 
AD per Bombardier Alert Service Bulletin A670BA-78-001, dated April 
19, 2002, are considered acceptable for compliance with paragraphs 
(a) and (b) of this AD.

Alternative Methods of Compliance (AMOCs)

    (g)(1) In accordance with 14 CFR 39.19, the Manager, New York 
Aircraft Certification Office, FAA, is authorized to approve AMOCs 
for this AD.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Incorporation by Reference

    (h) Unless otherwise specified in this AD, the actions must be 
done in accordance with Bombardier Alert Service Bulletin A670BA-78-
001, Revision A, dated April 23, 2002; and Bombardier Service 
Bulletin 670BA-78-003, dated January 22, 2004; as applicable. 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. To get copies of this service information, contact Bombardier, 
Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-
ville, Montreal, Quebec H3C 3G9, Canada. To inspect copies of this 
service information, go to the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; or to the FAA, New York 
Aircraft Certification Office, 1600 Stewart Avenue, suite 410, 
Westbury, New York; or to 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.

    Note 3: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2002-30R1, dated June 22, 2004.

Effective Date

    (i) This amendment becomes effective on January 9, 2006.

    Issued in Renton, Washington, on November 18, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23511 Filed 12-2-05; 8:45 am]
BILLING CODE 4910-13-P