[Federal Register Volume 68, Number 113 (Thursday, June 12, 2003)]
[Rules and Regulations]
[Pages 35152-35155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14676]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-98-AD; Amendment 39-13191; AD 2003-12-06]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Bombardier Model CL-600-2C10 (Regional Jet 
Series 700 & 701) series airplanes. This action requires a revision to 
the Airplane Flight Manual (AFM) to prohibit operations into known or 
forecast icing conditions under certain conditions. This action also 
requires an inspection to detect damage of the wing anti-ice (WAI) 
ducts to determine if the external shrouds of the ducts are open or 
cracked, and replacement of any damaged duct with a new duct or a duct 
with the same part number. This action also provides for an optional 
terminating action for the AFM revision and inspection. This action is 
necessary to prevent the WAI ducts from collapsing, cracking, or 
rupturing, which could cause leakage of hot air in the under-floor 
pressurized area of the fuselage when the anti-ice system is turned on. 
Such leakage of hot air results in insufficient heat for the anti-ice 
system and consequent aerodynamic degradation. This action is intended 
to address the identified unsafe condition.

DATES: Effective June 27, 2003.

[[Page 35153]]

    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 27, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before July 14, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-98-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. 2003-NM-98-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 or 
2000 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, notified the FAA that 
an unsafe condition may exist on certain Bombardier Model CL-600-2C10 
(Regional Jet Series 700 & 701) series airplanes. TCCA advises that it 
has received several reports of failure of the wing anti-ice (WAI) 
ducts. Failure analysis indicates that the WAI ducts, located in the 
under-floor pressurized area, can collapse due to insufficient strength 
for the applied differential pressure. This condition, if not 
corrected, could result in cracks or rupture of the WAI ducts, and 
consequent leakage of hot air in the under-floor pressurized area of 
the fuselage when the anti-ice system is turned on. Such leakage of hot 
air results in insufficient heat for the anti-ice system and consequent 
aerodynamic degradation.

TCCA Airworthiness Directive

    TCCA issued airworthiness directive CF-2003-07, effective on March 
25, 2003, to ensure the continued airworthiness of these airplanes in 
Canada. The Canadian airworthiness directive requires an amendment to 
the Master Minimum Equipment List (MMEL)/Minimum Equipment List (MEL) 
to prohibit operations into known or forecast icing conditions under 
certain conditions, and accomplishment of the actions specified in CRJ 
700/900 Series Regional Jet (Bombardier) Alert Service Bulletin A670BA-
30-007 (described below).

Explanation of Relevant Service Information

    The manufacturer has issued CRJ 700/900 Series Regional Jet 
(Bombardier) Alert Service Bulletin A670BA-30-007, Revision A, dated 
April 15, 2003. The alert service bulletin describes procedures for a 
detailed inspection to detect damage of the four WAI ducts and to 
determine if the external shrouds of the ducts are open or cracked, and 
replacement of any damaged duct with a new duct or a duct with the same 
part number (P/N) that is free of any dent or other handling damage. 
The alert service bulletin also describes procedures for eventual 
replacement of all four WAI ducts with new ducts.
    TCCA classified this service bulletin as mandatory and issued 
Canadian airworthiness directive CF-2003-07 to ensure 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 
section 21.29 of the Federal 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 the WAI ducts 
from collapsing, cracking, or rupturing, and consequent leakage of hot 
air in the under-floor pressurized area of the fuselage when the anti-
ice system is turned on. Such leakage of hot air results in 
insufficient heat for the anti-ice system and consequent aerodynamic 
degradation. This AD requires a revision to the Limitations Section of 
the Airplane Flight Manual (AFM) to prohibit operations into known or 
forecast icing conditions under certain conditions. This AD also 
requires accomplishment of the actions specified in the service 
bulletin described previously, except as described below.

Differences Between This AD and Service Bulletin/Canadian Airworthiness 
Directive

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for disposition of certain 
conditions of the surrounding equipment and structure of the external 
shroud of the WAI ducts, this AD requires the inspection of those areas 
to be accomplished per a method approved by either the FAA or TCCA (or 
its delegated agent). In light of the type of inspection that will be 
required to address the identified unsafe condition, and in consonance 
with existing bilateral airworthiness agreements, the FAA has 
determined that, for this AD, an inspection approved by either the FAA 
or TCAA (or its delegated agent) will be acceptable for compliance with 
this AD.
    The Canadian airworthiness directive requires an amendment to the 
MMEL/MEL to prohibit operations into known or forecast icing conditions 
under certain conditions. In the United States, the MMEL and the MEL 
are not developed or approved as part of the certification requirements 
of the airplane. Therefore, in order to prohibit operations into known 
or forecast icing conditions under certain conditions, the FAA has 
determined that it is necessary to address the identified unsafe 
condition by requiring a revision to the Limitations Section of the 
AFM. In accordance with 14 CFR 121.628(b)(2), this AD has the effect of 
overriding the MMEL/MEL, so it has the same effect as the Canadian 
airworthiness directive.

[[Page 35154]]

Interim Action

    The FAA is considering further rulemaking action to supersede this 
AD to require replacement of all four WAI ducts with new ducts per CRJ 
700/900 Series Regional Jet (Bombardier) Alert Service Bulletin A670BA-
30-007, which would terminate the inspection and AFM requirements of 
this AD. However, the planned compliance time for the replacement is 
sufficiently long so that notice and opportunity for prior public 
comment will be practicable.

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 (AMOC). Because we have now included this material in part 
39, only the office authorized to approved AMOCs is identified in each 
individual AD.

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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the AD is 
being requested.
    [sbull] 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 2003-NM-98-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 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

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:

2003-12-06 Bombardier, Inc. (Formerly Canadair): Amendment 39-13191. 
Docket 2003-NM-98-AD.

    Applicability: Model CL-600-2C10 (Regional Jet Series 700 & 701) 
series airplanes, serial numbers 10004 through 10119 inclusive; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the wing anti-ice (WAI) ducts from collapsing, 
cracking, or rupturing, consequent leakage of hot air in the under-
floor pressurized area of the fuselage when the anti-ice system is 
turned on, insufficient heat for the anti-ice system, and 
aerodynamic degradation, accomplish the following:

Referenced Service Information

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of CRJ 700/900 Series Regional Jet 
(Bombardier) Alert Service Bulletin A670BA-30-007, Revision A, dated 
April 15, 2003, including Appendices A and B, dated March 18, 2003.

Airplane Flight Manual (AFM) Revision

    (b) Within 48 hours after the effective date of this AD, revise 
the Limitations Section of the CRJ 700 AFM to include the following 
(this may be accomplished by inserting a copy of this AD into the 
AFM):
    ``1. Anti-Ice Bleed Leak Detection Controller (AILC) Channels 
(see Note 1):
    Flight with ``WING A/I FAULT'' status message on the engine 
indication and crew alerting system (EICAS) is not authorized, 
except as follows:
    One may be inoperative as indicated by ``WING A/I FAULT'' status 
message on EICAS provided:
    (a) Wing Anti-Ice switch is selected OFF, and
    (b) Operations are not conducted into known or forecast icing 
conditions.
    2. Wing/Fuselage Anti-Ice Bleed Leak Detection Loops (see Note 
1):
    Flight with Wing/Fuselage Anti-Ice Bleed Leak Detection Loops 
inoperative is not authorized, except as follows:
    One loop (A or B) may be inoperative provided:
    (a) Wing Anti-Ice switch is selected OFF, and
    (b) Operations are not conducted into known or forecast icing 
conditions.

    Note 1: This limitation supersedes the Master Minimum Equipment 
List (MMEL).''


[[Page 35155]]



Detailed Inspection and Corrective Actions if Necessary

    (c) Within 150 flight hours after the effective date of this AD, 
do a detailed inspection to detect damage of the four WAI ducts and 
to determine if the external shrouds of the WAI ducts are open or 
cracked, per the alert service bulletin.
    (1) If no discrepancy is found, no further action is required by 
this AD.
    (2) If any external shroud of a WAI duct is found open or 
cracked, before further flight, inspect the surrounding equipment 
and structure per a method approved by the Manager, New York 
Aircraft Certification Office, FAA, or Transport Canada Civil 
Aviation (TCCA) (or its delegated agent).
    (3) If any damaged WAI duct is found, before further flight, 
replace the WAI duct with a new duct or a duct with the same part 
number (P/N) that is free of any dent, crease, or other handling 
damage, per the alert service bulletin.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Optional Terminating Action

    (d) Replacement of all four WAI ducts with new ducts having P/N 
GG670-80504-5 or -6, or P/N GG670-80312-3 or -4, as applicable, per 
the service bulletin, terminates the requirements of this AD. After 
doing the replacement, the AFM revision required by paragraph (b) of 
this AD may be removed.

Reporting Requirement

    (e) Submit a report of the results of the inspection required by 
paragraph (c) of this AD per the alert service bulletin specified in 
paragraph (c) of this AD. Information collection requirements 
contained in this AD have been approved by the Office of Management 
and Budget (OMB) under the provisions of the Paperwork Reduction Act 
of 1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB Control 
Number 2120-0056.
    (1) If the inspection was done after the effective date of this 
AD: Submit the report within 14 days after the inspection.
    (2) If the inspection was accomplished prior to the effective 
date of this AD: Submit the report within 14 days after the 
effective date of this AD.

Alternative Methods of Compliance

    (f) In accordance with 14 CFR 39.19, the Manager, New York ACO, 
FAA, is authorized to approve alternative methods of compliance for 
this AD.

Incorporation by Reference

    (g) Unless otherwise specified in this AD, the actions must be 
done per CRJ 700/900 Series Regional Jet (Bombardier) Alert Service 
Bulletin A670BA-30-007, Revision A, dated April 15, 2003, including 
Appendices A and B, dated March 18, 2003. 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 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2003-07, effective on March 25, 2003.

Effective Date

    (h) This amendment becomes effective on June 27, 2003.

    Issued in Renton, Washington, on June 5, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-14676 Filed 6-11-03; 8:45 am]
BILLING CODE 4910-13-P