[Federal Register Volume 67, Number 155 (Monday, August 12, 2002)]
[Rules and Regulations]
[Pages 52394-52396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19877]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-135-AD; Amendment 39-12841; AD 2002-16-02]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all Bombardier Model CL-600-2B19 series airplanes. 
This action requires revising the Airworthiness Limitations section of 
the maintenance requirements manual to incorporate life limits for 
certain horizontal stabilizer trim actuators (HSTAs), and replacing the 
HSTAs with new or serviceable HSTAs. This action is necessary to 
prevent failure of key components of the HSTAs, which could result in 
loss of horizontal trim control and consequent reduced controllability 
of the airplane. This action is intended to address the identified 
unsafe condition.

DATES: Effective August 27, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 27, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before September 11, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-135-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via the Internet must contain 
``Docket No. 2002-NM-135-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    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 FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, New York Aircraft Certification 
Office, 10 Fifth Street, Third Floor, Valley Stream, New York; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Parrillo, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York 11581; telephone (516) 256-7505; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: Transport Canada Civil Aviation (TCCA), 
which is the airworthiness authority for Canada, recently notified the 
FAA that an unsafe condition may exist on all Bombardier Model CL-600-
2B19 series airplanes. TCCA advises that endurance test results 
indicate that Appendix B--Airworthiness Limitations, Part 2, of the 
Canadair Regional Jet Maintenance Requirements Manual must be revised 
to incorporate life limits for certain horizontal stabilizer trim 
actuators (HSTAs), and replacement of those HSTAs to prevent failure of 
key components. Such failure, if not corrected, could result in loss of 
horizontal trim control and consequent reduced controllability of the 
airplane.

Explanation of Relevant Service Information

    Bombardier has issued Canadair Regional Jet Temporary Revision (TR) 
2B-816, dated November 28, 2001, which describes procedures for 
incorporating life limits for the HSTAs, Canadair part number (P/N) 
601R92305-1 (vendor P/N 8396-2), and Canadair P/N 601R92305-3 (vendor 
P/N 8396-3), into Appendix B--Airworthiness Limitations, Part 2, of the 
Canadair Regional Jet Maintenance Requirements Manual. Accomplishment 
of the action specified in the TR is intended to adequately address the 
identified unsafe condition. TCCA classified this service information 
as mandatory and issued Canadian airworthiness directive CF-2002-20, 
dated March 20, 2002, in order to assure the continued airworthiness of 
these airplanes in Canada.

FAA's Conclusions

    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
Sec. 21.29 of the Federal

[[Page 52395]]

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. The FAA has examined the findings of TCCA, reviewed all 
available information, and determined that AD action is necessary for 
products of this type design that are certificated for operation in the 
United States.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this AD is being issued to prevent failure of key 
components of the HSTAs, which could result in loss of horizontal trim 
control and consequent reduced controllability of the airplane. This AD 
requires revising Appendix B--Airworthiness Limitations, Part 2, of the 
Canadair Regional Jet Maintenance Requirements Manual to incorporate 
life limits for certain HSTAs, and replacing the HSTAs with new or 
serviceable HSTAs. The actions are required to be accomplished per the 
service information described previously, except as discussed below.

Difference Between This AD and Service Information

    Operators should note that the previously referenced Canadair 
airworthiness directive and TR do not include specific procedures for 
the replacement action. However, this AD requires replacement of the 
HSTAs with new or serviceable HSTAs per a method approved by the FAA.

Explanation of Action Taken by the FAA

    In accordance with airworthiness standards requiring ``damage 
tolerance assessments'' for transport category airplanes [Sec. 25.571 
of the Federal Aviation Regulations (14 CFR 25.571), and the Appendices 
referenced in that section], all products certificated to comply with 
that section must have Instructions for Continued Airworthiness (or, 
for some products, maintenance manuals) that include an Airworthiness 
Limitations Section (ALS). That section must set forth:
     Mandatory replacement times for structural components,
     Structural inspection intervals, and
     Related approved structural inspection procedures 
necessary to show compliance with the damage-tolerance requirements.
    Compliance with the terms specified in the ALS is required by 
Secs. 43.16 (for persons maintaining products) and 91.403 (for 
operators) of the Federal Aviation Regulations (14 CFR 43.16 and 
91.403).
    In order to require compliance with these inspection intervals and 
life limits, the FAA must engage in rulemaking, namely the issuance of 
an AD. For products certificated to comply with the referenced part 25 
requirements, it is within the authority of the FAA to issue an AD 
requiring a revision to the ALS that includes reduced life limits, or 
new or different structural inspection requirements. These revisions 
then are mandatory for operators under Sec. 91.403(c) of the Federal 
Aviation Regulations (14 CFR 91.403), which prohibits operation of an 
airplane for which airworthiness limitations have been issued unless 
the inspection intervals specified in those limitations have been 
complied with.
    After that document is revised, as required, and the AD has been 
fully complied with, the life limit or structural inspection change 
remains enforceable as a part of the airworthiness limitations. (This 
is analogous to ADs that require changes to the Limitations Section of 
the Airplane Flight Manual.)
    Requiring a revision of the airworthiness limitations, rather than 
requiring individual inspections, is advantageous for operators because 
it allows them to record AD compliance status only once--at the time 
they make the revision--rather than after every inspection. It also has 
the advantage of keeping all airworthiness limitations, whether imposed 
by original certification or by AD, in one place within the operator's 
maintenance program, thereby reducing the risk of non-compliance 
because of oversight or confusion.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-135-AD.'' The postcard will be date stamped 
and returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency

[[Page 52396]]

regulation otherwise would be significant under DOT Regulatory Policies 
and Procedures, a final regulatory evaluation will be prepared and 
placed in the Rules Docket. A copy of it, if filed, 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.


Sec. 39.13  [Amended]

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

2002-16-02  Bombardier, Inc. (Formerly Canadair): Amendment 39-
12841. Docket 2002-NM-135-AD.

    Applicability: All Model CL-600-2B19 series airplanes, 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of key components of the horizontal 
stabilizer trim actuators (HSTAs), which could result in loss of 
horizontal trim control and consequent reduced controllability of 
the airplane, accomplish the following:

Airworthiness Limitations Revision

    (a) Within 14 days after the effective date of this AD, revise 
Appendix B--Airworthiness Limitations, Part 2, of the Canadair 
Regional Jet Maintenance Requirements Manual to include life limits 
for the HSTAs, Canadair part number (P/N) 601R92305-1 (vendor P/N 
8396-2), and Canadair P/N 601R92305-3 (vendor P/N 8396-3), as 
specified in Canadair Regional Jet Temporary Revision (TR) 2B-816, 
dated November 28, 2001. This may be accomplished by inserting the 
TR into the specified section of the maintenance requirements 
manual.

Replacement

    (b) Prior to the accumulation of 19,200 flight hours or within 
500 flight hours on the HSTAs, Canadair part number (P/N) 601R92305-
1 (vendor P/N 8396-2) and Canadair P/N 601R92305-3 (vendor P/N 8396-
3), after the effective date of this AD, whichever occurs later: 
Replace the HSTAs with new or serviceable HSTAs, per a method 
approved by the Manager, FAA, New York Aircraft Certification Office 
(ACO).
    (c) Except as provided by paragraph (d) of this AD: After the 
replacement specified in paragraph (b) of this AD has been 
accomplished, no alternative replacement times may be approved for 
the life limits for the HSTAs, Canadair part number (P/N) 601R92305-
1 (vendor P/N 8396-2) and Canadair P/N 601R92305-3 (vendor P/N 8396-
3), as specified in Canadair Regional Jet TR 2B-816, dated November 
28, 2001.

Alternative Methods of Compliance

    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, New York ACO. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, New York ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York ACO.

Special Flight Permits

    (e) Special flight permits may be issued in accordance with 
Sec. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.

Incorporation by Reference

    (f) The Airworthiness Limitations revision to the maintenance 
requirements manual required by paragraph (a) of this AD shall be 
done in accordance with Canadair Regional Jet Temporary Revision 2B-
816, dated November 28, 2001. 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. Copies may be obtained from 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, Montreal, Quebec H3C 3G9, Canada. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, 
New York; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2002-20, dated March 20, 2002.

Effective Date

    (g) This amendment becomes effective on August 27, 2002.

    Issued in Renton, Washington, on July 29, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-19877 Filed 8-9-02; 8:45 am]
BILLING CODE 4910-13-P