[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Rules and Regulations]
[Pages 28181-28184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9553]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21204; Directorate Identifier 2005-NM-078-AD; 
Amendment 39-14087; AD 2005-10-10]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This AD requires revising the Airworthiness Limitations 
section of the Instructions for Continued Airworthiness of the Canadair 
Regional Jet Maintenance Requirements Manual by incorporating new 
repetitive detailed inspections of the secondary load path indicator 
for the horizontal stabilizer

[[Page 28182]]

trim actuator (HSTA). This AD is prompted by a report of a potential 
failure of the horizontal stabilizer trim actuator (HSTA) secondary nut 
in conjunction with a latent failure of the HSTA primary load path 
discovered during sampling program activities. We are issuing this AD 
to detect and correct latent failure of the primary load path of the 
HSTA, which, in conjunction with a failure of the HSTA secondary nut, 
could result in loss of horizontal trim control and consequent reduced 
controllability of the airplane.

DATES: Effective June 1, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of June 
1, 2005.
    We must receive comments on this AD by July 18, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Bombardier, 
Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centreville, 
Montreal, Quebec H3C 3G9, Canada.
    You can examine the contents of this 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 SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-21204; the directorate identifier for this docket is 
2005-NM-078-AD.

Examining the Docket

    You can examine the AD docket on the Internet at http://www.dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
(DMS) receives them.

FOR FURTHER INFORMATION CONTACT: Daniel Parrillo, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New 
York 11590; telephone (516) 228-7305; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: Transport Canada Civil Aviation, 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 a potential for 
failure of the secondary nut of the horizontal stabilizer trim actuator 
(HSTA), in conjunction with a latent failure of the HSTA primary load 
path, was discovered during HSTA sampling program activities. Failure 
of the HSTA secondary nut, in conjunction with a latent failure of the 
HSTA primary load path, if not corrected, could result in loss of 
horizontal trim control and consequent reduced controllability of the 
airplane.

Relevant Service Information

    Bombardier has issued Canadair Regional Jet Temporary Revision 2A-
8, dated December 10, 2003, to the Canadair Regional Jet Maintenance 
Requirements Manual (MRM), CSP A-053, Appendix A, ``Certification 
Maintenance Requirements.'' This temporary revision incorporates Task 
C27-42-103-01, ``Detailed Inspection of the HSTA Secondary Load Path 
Indicator,'' into the MRM. TCCA mandated the temporary revision and 
issued Canadian airworthiness directive CF-2005-04, dated February 14, 
2005, to ensure the continued airworthiness of these airplanes in 
Canada.

FAA's Determination and Requirements of This AD

    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, the TCCA has kept the FAA informed 
of the situation described above. We have examined the TCCA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to require revising the 
Airworthiness Limitations section of the Instructions for Continued 
Airworthiness of the Canadair Regional Jet MRM by incorporating new 
repetitive detailed inspections of the HSTA secondary load path 
indicator. This AD requires incorporating the actions specified in the 
temporary revision described previously into the Canadair Regional Jet 
MRM, except as discussed under ``Difference Between the AD and Canadian 
Airworthiness Directive.''

Difference Between the AD and Canadian Airworthiness Directive

    The Canadian airworthiness directive gives operators credit for 
previously accomplished initial inspections of the HSTA secondary load 
path indicator done in accordance with Bombardier Alert Service 
Bulletin A601R-27-128, dated February 17, 2003; or Revision A, dated 
April 17, 2003. This AD also gives operators credit for initial 
inspections done before the effective date of this AD in accordance 
with Revision B of Bombardier Alert Service Bulletin A601R-27-128, 
dated March 2, 2005, which was issued after the Canadian airworthiness 
directive was issued. This difference has been coordinated with TCCA.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2005-21204; 
Directorate Identifier 2005-NM-078-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal

[[Page 28183]]

information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this AD. Using 
the search function of our docket web site, anyone can find and read 
the comments in any of our dockets, including the name of the 
individual who sent the comment (or signed the comment on behalf of an 
association, business, labor union, etc.). You can review the DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78), or you can visit http://dms.dot.gov.

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 Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-10-10 Bombardier, Inc. (Formerly Canadair): Amendment 39-14087. 
Docket No. FAA-2005-21204; Directorate Identifier 2005-NM-078-AD.

Effective Date

    (a) This AD becomes effective June 1, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category, 
having serial numbers 7003 and subsequent.

    Note 1:
    This AD requires revisions to certain operator maintenance 
documents to include new inspections. Compliance with these 
inspections is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered, or repaired in the areas 
addressed by these inspections, the operator may not be able to 
accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (j) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25-1529.

Unsafe Condition

    (d) This AD is prompted by a report of a potential failure of 
the horizontal stabilizer trim actuator (HSTA) secondary nut in 
conjunction with a latent failure of the HSTA primary load path 
discovered during sampling program activities. We are issuing this 
AD to detect and correct latent failure of the primary load path of 
the HSTA, which, in conjunction with a failure of the HSTA secondary 
nut, could result in loss of horizontal trim control and consequent 
reduced controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Revision to the Airworthiness Limitations (AWL) Section

    (f) Within 30 days after the effective date of this AD: Revise 
the AWL section of the Instructions for Continued Airworthiness of 
the Canadair Regional Jet Maintenance Requirements Manual (MRM), CSP 
A-053, Appendix A, ``Certification Maintenance Requirements,'' by 
incorporating Task C27-42-103-01, ``Detailed Inspection of the HSTA 
Secondary Load Path Indicator'' of Canadair Regional Jet Temporary 
Revision 2A-8, dated December 10, 2003, into the AWL section. 
Thereafter, except as provided by paragraph (j) of this AD, no 
alternative structural inspection intervals may be approved for this 
HSTA secondary load path indicator.
    (g) When the information in Canadair Regional Jet Temporary 
Revision 2A-8, dated December 10, 2003, is included in the general 
revisions of the MRM, the general revisions may be inserted into the 
AWL section of the Instructions for Continued Airworthiness and this 
temporary revision may be removed from the MRM.

Initial Inspection Phase-In Schedule

    (h) Prior to accumulating 5,000 total flight hours on the HSTA 
or within 500 flight hours after the effective date of this AD, 
whichever occurs later: Do the initial inspection of the HSTA 
secondary load path indicator according to the task specified in 
paragraph (f) of this AD.

Initial Inspections According to Bombardier Service Bulletin A601R-27-
128

    (i) Inspections of the HSTA secondary load path indicator 
accomplished before the effective date of this AD in accordance with 
Bombardier Alert Service Bulletin A601R-27-128, dated February 17, 
2003; Revision A, dated April 17, 2003; or Revision B, dated March 
2, 2005; are acceptable for compliance with the initial inspection 
requirement of paragraph (h) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, New York Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

Related Information

    (k) Canadian airworthiness directive CF-2005-04, dated February 
14, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Canadair Regional Jet Temporary Revision 2A-8, 
dated December 10, 2003, to the Canadair Regional Jet Maintenance 
Requirements Manual, CSP A-053, Appendix A, ``Certification 
Maintenance Requirements,'' to perform the actions that are required 
by this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approves the incorporation

[[Page 28184]]

by reference of this document in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. To get copies of the service information, contact 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centreville, Montreal, Quebec H3C 3G9, Canada. To view the AD 
docket, go to the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC. To review copies of the service 
information, go 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.

    Issued in Renton, Washington, on May 5, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-9553 Filed 5-16-05; 8:45 am]
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