[Federal Register Volume 68, Number 109 (Friday, June 6, 2003)]
[Rules and Regulations]
[Pages 33854-33856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13975]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-311-AD; Amendment 39-13179; AD 2003-11-20]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Bombardier Model CL-600-2B19 (Regional Jet 
Series 100 & 440) airplanes, that currently requires repetitive 
lubrication of the slide shaft of the input plunger of the brake 
control valve assembly. This amendment adds requirements for modifying 
the brake control valve assembly, which terminates the repetitive 
lubrications required by the existing AD. This amendment also adds 
subsequent repetitive lubrications of the valve utilizing the grease 
fittings installed during the modification. This amendment is prompted 
by reports of temporary loss of braking action upon landing. The 
actions specified by this AD are intended to prevent temporary loss of 
braking action due to the freezing of moisture on the input plunger of 
the brake control valve during steep descent.

DATES: Effective July 11, 2003.
    The incorporation by reference of Bombardier Service Bulletin 601R-
32-017, dated November 9, 1993, as listed in the regulations, is 
approved by the Director of the Federal Register as of July 11, 2003.
    The incorporation by reference of Canadair Regional Jet Alert 
Service Bulletin S.B.A601R-32-016, dated October 14, 1993, as listed in 
the regulations, was approved previously by the Director of the Federal 
Register as of February 4, 1994 (59 FR 2952, January 20, 1994).

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 (ACO), 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 ACO, 10 Fifth 
Street, Third Floor, Valley Stream, New York 11581; telephone (516) 
256-7505; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 93-21-04, 
amendment 39-8801 (59 FR 2952, January 20, 1994), which is applicable 
to certain Bombardier Model CL-600-2B19 (Regional Jet series 100) 
series airplanes, was published in the Federal Register on January 13, 
2003 (68 FR 1566). The action proposed to require repetitive 
lubrication of the slide shaft of the input plunger of the brake 
control valve assembly; modification of the brake control valve 
assembly, which would terminate the repetitive lubrications required by 
the existing AD; and subsequent repetitive lubrications of the valve 
utilizing the grease fittings that are installed during the 
modification.

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 Revise Identification of Regional Jet Series 100

    One commenter requests that the proposed AD be revised to either 
remove the reference to ``Regional Jet Series 100'' in association with 
the affected airplanes throughout the document or add a reference to 
series 440 airplanes. The commenter explains that the proposed AD 
applies to Model CL-600-2B19 airplanes. The type certificate data sheet 
(TCDS) identifies the affected airplane model as ``CL-600-2B19 
(Regional Jet Series 100 & 440).'' The commenter suggests that the 
references to this airplane model should be revised to reflect both the 
100 and 440 series.
    The FAA concurs with the request. After the proposed AD was issued, 
the TCDS was revised to incorporate this change. The final rule has 
been revised accordingly to correctly identify the affected airplanes 
where appropriate.

Request To Incorporate AD Actions Into the Maintenance Program

    Paragraph (c) of the proposed AD proposed to require repetitive

[[Page 33855]]

lubrication of the brake control valve in accordance with Bombardier 
Service Bulletin 601R-32-017. One commenter requests that the proposed 
AD be revised to instead require incorporation of the lubrication task 
(task 32-43-06-05 of the CL-600-2B19 Maintenance Requirements Manual 
(MRM)) into the approved maintenance program. The commenter asserts 
that the lubrication task, if incorporated into the MRM, would be 
considered a routine task subject to normal maintenance program 
development and escalation. The commenter adds that incorporating the 
task into the MRM would terminate the repetitive lubrication 
requirements specified in the proposed AD.
    The FAA does not concur with the request. An AD's requirements are 
mandated for all affected airplanes, but the applicable section of the 
MRM (Part 1, CSP A-053) is not approved by the FAA (although it is 
``accepted''). Consequently, the FAA does not control revisions to Part 
1 of the MRM. If a task were to be subsequently altered or deleted, the 
intent of the AD would then become nullified. However, under the 
provisions of 14 CFR 39.19 and paragraph (d)(1) of this AD, an operator 
may request approval of an alternative method of compliance (AMOC) to 
allow use of a particular task card for this AD. However, the AMOC 
granted would require adherence to a particular revision of the task 
card; use of any subsequent revisions would require a new AMOC request 
and approval to enable the cognizant ACO to determine that the intent 
of the AD requirement has not been altered. No change to the final rule 
is necessary regarding this issue.

Clarification of Requirements

    Certain portions of the preamble and paragraph (b) of this final 
rule have been revised to clarify that the modification includes 
applying grease to the grease fittings that are installed during the 
modification.
    The repetitive lubrication interval was clarified in paragraph (c) 
of this final rule. Whereas the proposed AD specified that the 
lubrication be done ``at intervals of 1,500 flight hours,'' this final 
rule will require that the lubrication be done ``at intervals not to 
exceed 1,500 flight hours.''
    Paragraph (d)(2) has been revised in this final rule to clarify 
that AMOCs approved previously in accordance with AD 93-21-04 are 
approved as alternative methods of compliance with paragraph (a) of 
this AD only.

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 previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. Because we have now included this material in part 39, we 
no longer need to include it in each individual AD; however, the office 
authorized to approve AMOCs is identified in paragraph (d)(1) of this 
AD.

Cost Impact

    The FAA estimates that 2 airplanes of U.S. registry are affected by 
AD 93-21-04. The actions that are currently required by that AD take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the currently required actions is estimated to be $60 per 
airplane.
    Approximately 194 airplanes of U.S. registry will be affected by 
this AD.
    The modification required by this AD will take approximately 4 work 
hours per airplane to accomplish, at an average labor rate of $60 per 
work hour. Required parts will cost approximately $3,812 per airplane. 
Based on these figures, the cost impact of the modification on U.S. 
operators is estimated to be $786,088, or $4,052 per airplane.
    The lubrication of the brake control valve required by this AD will 
take approximately 1 work hour per airplane to accomplish, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of this action on U.S. operators is estimated to be 
$11,640, or $60 per airplane, per lubrication.
    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.

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 removing amendment 39-8801 (59 FR 2952, 
January 20, 1994), and by adding a new airworthiness directive (AD), 
amendment 39-13179, to read as follows:

2003-11-20 Bombardier, Inc. (Formerly Canadair): Amendment 39-13179. 
Docket 2000-NM-311-AD. Supersedes AD 93-21-04, Amendment 39-8801.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes, certificated in any category.

[[Page 33856]]

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent temporary loss of braking action due to the freezing 
of moisture on the input plunger of the brake control valve during 
steep descent, accomplish the following:

Requirements of AD 93-21-04

Lubrications

    (a) Within 3 days after February 4, 1994 (the effective date of 
AD 93-21-04, amendment 39-8801), and thereafter at intervals not to 
exceed 3 days, lubricate, with grease, the sliding shaft of the 
input plunger of the brake control valve assembly, per Canadair 
Regional Jet Alert Service Bulletin S.B.A601R-32-016, dated October 
14, 1993, until modification of the brake control valve, as required 
by paragraph (b) of this AD, is accomplished.

New Actions Required by This AD

Modification

    (b) Within 12 months after the effective date of this AD: Modify 
the brake control valve assembly by accomplishing all the actions 
(including the application of grease to the grease fittings) 
specified in Bombardier Service Bulletin 601R-32-017, dated November 
9, 1993, per the service bulletin. Such modification terminates the 
repetitive lubrications of the sliding shaft of the input plunger of 
the brake control valve assembly required by paragraph (a) of this 
AD.

Repetitive Lubrications

    (c) Within 1,500 flight hours after doing the modification 
required by paragraph (b) of this AD, and thereafter at intervals 
not to exceed 1,500 flight hours, lubricate with grease the brake 
control valve per paragraph 2.B.(18) of the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-32-017, dated 
November 9, 1993.

Alternative Methods of Compliance

    (d)(1) In accordance with 14 CFR 39.19, the Manager, New York 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance for this AD.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 93-21-04, amendment 39-8801, are approved as 
alternative methods of compliance with paragraph (a) of this AD.

Incorporation by Reference

    (e) The actions shall be done in accordance with Canadair 
Regional Jet Alert Service Bulletin S.B.A601R-32-016, dated October 
14, 1993; and Bombardier Service Bulletin 601R-32-017, dated 
November 9, 1993; as applicable.
    (1) The incorporation by reference of Bombardier Service 
Bulletin 601R-32-017, dated November 9, 1993, is approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51.
    (2) The incorporation by reference of Canadair Regional Jet 
Alert Service Bulletin S.B.A601R-32-016, dated October 14, 1993, was 
approved previously by the Director of the Federal Register as of 
February 4, 1994 (59 FR 2952, January 20, 1994).
    (3) Copies of these service bulletins 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 (ACO), 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 1: The subject of this AD is addressed in Canadian 
airworthiness directive CF-93-26R2, dated January 18, 1994.

Effective Date

    (f) This amendment becomes effective on July 11, 2003.

    Issued in Renton, Washington, on May 28, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-13975 Filed 6-5-03; 8:45 am]
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