Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 72361 

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. 

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 closeup 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 

72362 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 

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 

■ 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 

■ 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. Section 39.13 is amended by adding 

the following new airworthiness 

directive: 

Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 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 § 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22033; Directorate 

Identifier 2004–NM–218–AD; Amendment 

39–14391; AD 2005–24–11] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 Airplanes 

and Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD) 

that applies to certain EMBRAER Model 

EMB–135 and Model EMB–145 series 

airplanes. The existing AD currently 

requires repetitive inspections of the 

spring cartridges of the elevator gust 

lock system to determine if the lock 

washer projection correctly fits the slots 

in the cartridge flange, and corrective 

action if necessary. The existing AD also 

provides for optional terminating action 

for the repetitive inspections for certain 

airplanes. This AD retains the 

requirements of the existing AD and 

adds a requirement for final terminating 

action for all affected airplanes. This AD 

results from reports of an improperly 

fitting lock washer causing the clevis of 

the spring cartridge in the 

electromechanical elevator gust lock 

system to become unscrewed. We are 

issuing this AD to prevent the 

unscrewing of the spring cartridge clevis 

from jamming the elevator, which could 

lead to reduced controllability of the 

airplane. 

DATES: This AD becomes effective 

January 9, 2006. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of January 9, 2006. 

On May 14, 2003 (68 FR 22585, April 

29, 2003), the Director of the Federal 

Register approved the incorporation by 

reference of EMBRAER Service Bulletin 

145–27–0098, dated December 9, 2002; 

and EMBRAER Service Bulletin 

145LEG–27–0006, dated December 9, 

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