[Federal Register Volume 69, Number 19 (Thursday, January 29, 2004)]
[Rules and Regulations]
[Pages 4234-4236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1769]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-262-AD; Amendment 39-13442; AD 2004-02-07]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) 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-600-2B19 (Regional Jet 
Series 100 & 440) airplanes. This action requires revising the 
airworthiness limitations section of the Instructions for Continued 
Airworthiness of the aircraft maintenance manual by incorporating 
procedures for a functional test of the pilot input lever of the pitch 
feel simulator unit. This action also requires a functional test of the 
pilot input lever of the pitch feel simulator unit, and corrective 
action if necessary. This action is necessary to prevent undetected 
failure of the shear pin of both PFS units simultaneously, which could 
result in loss of pitch feel forces and consequent loss of control of 
the airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective February 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 13, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before March 1, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport

[[Page 4235]]

Airplane Directorate, ANM-114, Attention: Rules Docket No. 2003-NM-262-
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-262-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, 1600 Stewart Avenue, Westbury, 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, the FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Westbury, New York 11581; 
telephone (516) 228-7305; fax (516) 794-5531.

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-600-2B19 
(Regional Jet Series 100 & 440) airplanes. TCCA advises that the shear 
pin located in the input lever of two pitch feel simulator (PFS) units 
failed due to fatigue. One pin failed during endurance rig testing of a 
Model CL-600-2B19 airplane, and another failed in service. Failure of 
the shear pin is not always detectable by the flightcrew during normal 
operation of the airplane. Undetected failure of the shear pin of both 
PFS units simultaneously, if not corrected, could result in loss of 
pitch feel forces and consequent loss of control of the airplane.

Explanation of Relevant Service Information

    Bombardier has issued Temporary Revision (TR) 2B-1784, dated 
October 24, 2003, to the CL-600-2B19 Canadair Regional Jet Maintenance 
Requirements Manual, Part 2, Appendix B, ``Airworthiness Limitations.'' 
The TR describes procedures for a functional test of the pilot input 
lever of the PFS unit. Accomplishment of the action specified in the 
service information is intended to adequately address the identified 
unsafe condition. TCCA classified these actions as mandatory and issued 
Canadian airworthiness directive CF-2003-26, dated November 14, 2003, 
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 
Sec. 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 us informed of the 
situation described above. We have 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 undetected 
failure of the shear pin of the PFS unit, which could result in loss of 
pitch feel forces and consequent loss of control of the airplane. This 
AD requires revising the airworthiness limitations section of the 
Instructions for Continued Airworthiness of the aircraft maintenance 
manual by incorporating procedures for a functional test of the pilot 
input lever of the PFS unit. This AD also requires a functional test of 
the pilot input lever of the PFS unit, and corrective action if 
necessary. The actions are required to be accomplished in accordance 
with the service information described previously. This AD also 
includes a reporting requirement.

Interim Action

    This AD is considered to be interim action. The reports that are 
required by this AD will enable the manufacturer to obtain better 
insight into the nature, cause, and extent of failures of the shear 
pins of the PFS units, and eventually to develop final action to 
address the unsafe condition. Once final action has been identified, we 
may consider further rulemaking.

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 2003-NM-262-AD.'' The postcard will be date stamped 
and returned to the commenter.

[[Page 4236]]

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:

2004-02-07 Bombardier, Inc. (Formerly Canadair): Amendment 39-13442. 
Docket 2003-NM-262-AD.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes, serial numbers 7003 through 7999 inclusive, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent undetected failure of the shear pin of both pitch 
feel simulator (PFS) units simultaneously, which could result in 
loss of pitch feel forces and consequent loss of control of the 
airplane, accomplish the following:

Revise Airworthiness Limitations (AWL) Section of Aircraft Maintenance 
Manual

    (a) Within 14 days after the effective date of this AD: Revise 
the airworthiness limitations (AWL) section of the Instructions for 
Continued Airworthiness of the aircraft maintenance manual by 
incorporating the functional check of the PFS pilot input lever, 
Task R27-31-A024-01, as specified in Bombardier Temporary Revision 
(TR) 2B-1784, dated October 24, 2003, to the CL-600-2B19 Canadair 
Regional Jet Maintenance Requirements Manual, Part 2, Appendix B, 
``Airworthiness Limitations,'' into the AWL section. When this 
information is included in the general revisions of the maintenance 
manual, the TR may be removed.

Functional Test

    (b) Perform a functional test of the pilot input lever of the 
PFS unit before the accumulation of 4,000 total flight hours, or 
within 60 days after the effective date of this AD, whichever is 
later. Do the test per Task R27-31-A024-01 of Bombardier TR 2B-1784, 
dated October 24, 2003. If any unit fails during the functional 
test, replace with a new or serviceable part per a method approved 
by either the Manager, New York Aircraft Certification Office (ACO), 
FAA; or TCCA (or its delegated agent).

Reporting Requirement

    (c) Submit a report of any failure that occurs during any 
functional test to Bombardier, Inc., Canadair, Aerospace Group, 
Technical Help Desk, John Kahn, P.O. Box 6087, Station Centre-ville, 
Montreal, Quebec H3C 3G9, Canada; fax (514) 855-7708, at the 
applicable time specified in paragraph (c)(1) or (c)(2) 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 test was done after the effective date of this AD: 
Submit the report within 14 days after the inspection.
    (2) If the test was done before the effective date of this AD: 
Submit the report within 14 days after the effective date of this 
AD.

Alternative Methods of Compliance

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

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Bombardier Temporary Revision 2B-1784, dated 
October 24, 2003, to the CL-600-2B19 Canadair Regional Jet 
Maintenance Requirements Manual, Part 2, Appendix B, ``Airworthiness 
Limitations.'' 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, 
1600 Stewart Avenue, Westbury, 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-2003-26, dated November 14, 2003.

Effective Date

    (f) This amendment becomes effective on February 13, 2004.

    Issued in Renton, Washington, on January 20, 2004.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-1769 Filed 1-28-04; 8:45 am]
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