[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Proposed Rules]
[Pages 36067-36070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12298]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21599; Directorate Identifier 2005-NM-036-AD]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to all Bombardier Model CL-600-2B19 series 
airplanes. The existing AD currently requires revising the Airplane 
Flight Manual (AFM) to provide the flightcrew with operating 
limitations and procedures to enable them to maintain controllability 
of the airplane in the event that aileron control stiffness is 
encountered during flight. This proposed AD would revise the 
Airworthiness Limitations section of the Instructions of Continued 
Airworthiness to incorporate certain repetitive tasks for the aileron 
control system and would require a briefing to advise flight crews that 
certain aileron control checks are no longer required. After 
accomplishing the applicable initial tasks, the existing AFM revisions 
for the aileron control check may be removed from the AFM. This 
proposed AD is prompted by the development of terminating actions for 
the AFM revisions. We are proposing this AD to prevent aileron control 
stiffness during flight, which could result in reduced or possible loss 
of controllability of the airplane.

DATES: We must receive comments on this proposed AD by July 22, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed 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 proposed AD, contact 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, 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-2005-21599; the directorate identifier for this docket is 
2005-NM-036-AD.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-

[[Page 36068]]

2005-21599; Directorate Identifier 2005-NM-036-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We will consider all comments received by the closing date and may 
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed 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.

Examining the Docket

    You can examine the AD docket on the Internet at http://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.

Discussion

    On September 16, 2002, we issued AD 2002-19-07, amendment 39-12887 
(67 FR 60117, September 25, 2002), for all Bombardier Model CL-600-2B19 
series airplanes. That AD requires revising the Canadair Regional Jet 
Airplane Flight Manual (AFM) to provide the flightcrew with operating 
limitations and procedures to enable them to maintain controllability 
of the airplane in the event that aileron control stiffness is 
encountered during flight. That AD was prompted by a significant number 
of reports of aileron control stiffness. We issued that AD to prevent 
aileron control stiffness during flight, which could result in the 
reduction or possible loss of controllability of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2002-19-07, Transport Canada Civil Aviation 
(TCCA), which is the airworthiness authority for Canada, issued 
Canadian airworthiness directive CF-2002-35R2 on January 6, 2005 (CF-
2002-35R1, dated August 16, 2002, was referenced in AD 2002-19-07). 
TCCA mandated the service information described below and a briefing to 
advise flight crews that aileron control checks are no longer required 
to ensure the continued airworthiness of the affected airplanes in 
Canada.
    The airplane manufacturer has issued Canadair Regional Jet 
Temporary Revision (TR) 2B-2068, dated December 13, 2004, which 
describes, among others, the tasks specified in the following table. 
Accomplishing the applicable initial tasks eliminates the need for the 
AFM revisions for the aileron control check required by AD 2002-19-07. 
The compliance time for the applicable initial tasks range between 
1,000 flight hours and 10,500 flight hours.

                                          Table--Affected Task Numbers
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                                   Task No.                                                Description
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R22-11-A083-01................................................................  Lubrication of aileron autopilot
                                                                                 servo and servo mount engage
                                                                                 clutch faces.
R27-00-A053-01................................................................  Replacement of the aileron
                                                                                 control pulleys with new or
                                                                                 serviceable parts.
R27-11-A082-01................................................................  Lubrication of the aileron
                                                                                 control cables at the wing
                                                                                 pulley interfaces.
R27-11-A082-02................................................................  Lubrication of the aileron rear
                                                                                 quadrant and trim lever
                                                                                 bearings.
----------------------------------------------------------------------------------------------------------------

    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined TCCA's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 2002-19-07. This proposed AD 
would retain the requirements of the existing AD (i.e., AFM revisions). 
This proposed AD would also require revising the Airworthiness 
Limitations (AWL) section of the Instructions of Continued 
Airworthiness to incorporate certain repetitive tasks for the aileron 
control system specified in Canadair Regional Jet TR 2B-2068 described 
previously. After accomplishing the applicable initial tasks, the AFM 
revisions for the aileron control checks required by AD 2002-19-07 may 
be removed from the AFM.

Difference Between the Proposed AD and Canadian Airworthiness Directive

    Canadian airworthiness directive CF-2002-35R2 mandates revising the 
AFM by inserting a copy of the changes specified in Canadair Regional 
Jet TR RJ/142, dated August 16, 2004, into AFM CSP A-012. The TR 
specifies to delete the aileron control check and procedures covering 
suspected frozen ailerons, which were incorporated by the AFM revisions 
required by AD 2002-19-07 (paragraph (g) of this proposed AD). We have 
determined that the following sentence in paragraph (i) of the proposed 
AD would accomplish the intent of the Canadian airworthiness directive: 
``After accomplishing the applicable initial tasks, the AFM revisions 
required by paragraph (g) of this AD and allowed by paragraph (h) of 
this AD may be removed from the AFM.'' We have coordinated this 
difference with TCCA.

Clarification of Compliance Times Specified in Service Information

    Canadair Regional Jet TR 2B-2068 recommends accomplishing the 
applicable initial tasks no later than the applicable compliance time 
``from November 5, 2004.'' This proposed AD would require accomplishing 
the task within the applicable compliance time ``after the effective 
date of this AD.''

[[Page 36069]]

Change to Existing AD

    This proposed AD would retain all requirements of AD 2002-19-07. 
Since AD 2002-19-07 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                             Corresponding  requirement
       Requirement in AD 2002-19-07             in this  proposed AD
------------------------------------------------------------------------
Paragraph (a).............................  Paragraph (f).
Paragraph (b).............................  Paragraph (g).
Paragraph (c).............................  Paragraph (h).
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Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
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                                                                                                                          Number of U.S.-
                  Action                     Work hours     Average labor              Parts                 Cost per       registered      Fleet cost
                                                            rate per hour                                    airplane        airplanes
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AFM revisions (required by AD 2002-19-07)               1             $65  None.........................             $65             727         $47,255
AWL revision (new proposed action).......               1              65  None.........................              65             727          47,255
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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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
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 proposed 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing amendment 39-12887 (67 FR 
60117, September 25, 2002) and adding the following new airworthiness 
directive (AD):

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2005-21599; 
Directorate Identifier 2005-NM-036-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by July 22, 2005.

Affected ADs

    (b) This AD supersedes AD 2002-19-07, amendment 39-12887 (67 FR 
60117, September 25, 2002).

Applicability

    (c) This AD applies to all Bombardier Model CL-600-2B19 
(Regional Jet series 100 & 440) airplanes, certificated in any 
category.

    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 (m) 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 was prompted by the development of terminating 
actions for the Airplane Flight Manual (AFM) revisions. We are 
issuing this AD to prevent aileron control stiffness during flight, 
which could result in the reduction or possible loss of 
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.

Requirements of AD 2002-19-07

AFM Revisions

    (f) Within 14 days after October 10, 2002 (the effective date of 
AD 2002-19-07), insert the procedures for aileron system jams 
specified in Canadair Regional Jet Temporary Revision (TR) RJ/109-2, 
dated August 9, 2002, into the Emergency Procedures and Abnormal 
Procedures Sections, as applicable, of the FAA-approved Canadair 
Regional Jet AFM.
    (g) Upon the accumulation of 5,000 total flight hours, or within 
14 days after October 10, 2002, whichever occurs later, insert the 
procedures for the aileron control check specified in Canadair 
Regional Jet TR RJ/109-2, dated August 9, 2002, into the Limitations

[[Page 36070]]

and Normal Procedures Sections, as applicable, of the Canadair 
Regional Jet AFM.

    Note 2: The Limitations and Normal Procedures specified by 
paragraph (g) of this AD are required to be implemented only when an 
airplane has accumulated 5,000 total flight hours. However, 
individual pilots may operate other airplanes that have not yet 
accumulated 5,000 total flight hours, and that are not subject to 
those limitations and procedures. Therefore, to avoid any confusion 
or misunderstanding, it is important that airlines have 
communication mechanisms in place to ensure that pilots are aware, 
for each flight, whether the Limitations and Normal Procedures 
apply.

    (h) When the information in Canadair Regional Jet TR RJ/109-2, 
dated August 9, 2002, of the Canadair Regional Jet AFM, has been 
incorporated into the FAA-approved general revisions of the AFM, the 
TR may be removed from the AFM.

New Actions Required by This AD

Revision of Airworthiness Limitations (AWL) Section

    (i) Within 60 days after the effective date of this AD, revise 
the AWL section of the Instructions of Continued Airworthiness by 
incorporating the tasks specified in Table 1 of this AD and the 
corresponding ``Task Threshold/Interval'' of Canadair Regional Jet 
TR 2B-2068, dated December 13, 2004, into Appendix B--Airworthiness 
Limitations of Part 2 of Canadair Regional Jet Model CL-600-2B19 
Maintenance Requirements Manual. Thereafter, except as provided in 
paragraph (m) of this AD, no alternative lubrication/replacement 
intervals may be approved for the aileron control system. After 
accomplishing the applicable initial tasks, the AFM revisions for 
the aileron control check required by paragraph (g) of this AD and 
allowed by paragraph (h) of this AD may be removed from the AFM.

                                         Table 1.--Affected Task Numbers
----------------------------------------------------------------------------------------------------------------
                                   Task No.                                                Description
----------------------------------------------------------------------------------------------------------------
(1) R22-11-A083-01............................................................  Lubrication of aileron autopilot
                                                                                 servo and servo mount engage
                                                                                 clutch faces.
(2) R27-00-A053-01............................................................  Replacement of aileron control
                                                                                 pulleys with new or serviceable
                                                                                 parts.
(3) R27-11-A082-01............................................................  Lubrication of the aileron
                                                                                 control cables at the wing
                                                                                 pulley interfaces.
(4) R27-11-A082-02............................................................  Lubrication of the aileron rear
                                                                                 quadrant and trim lever
                                                                                 bearings.
----------------------------------------------------------------------------------------------------------------

    (j) For airplanes that have exceeded the task threshold for the 
new tasks specified in paragraph (i) of this AD as of the effective 
date of this AD: Do the initial tasks at the applicable ``Phase-In'' 
time specified in Canadair Regional Jet TR 2B-2068, dated December 
13, 2004; except where the TR specifies accomplishing the task no 
later than the applicable compliance time ``from November 5, 2004,'' 
this AD requires accomplishing the task within the applicable 
compliance time ``after the effective date of this AD.''
    (k) When the information in Canadair Regional Jet TR 2B-2068, 
dated December 13, 2004, is included in the general revisions of the 
Maintenance Requirements Manual, this TR may be removed.

Flight Crew Briefing

    (l) After accomplishing the applicable initial tasks required by 
paragraph (i) of this AD, brief flight crews that there is no longer 
a requirement to perform aileron control checks following takeoff 
from a wet or contaminated runway.

Alternative Methods of Compliance (AMOCs)

    (m) The Manager, New York Aircraft Certification Office (ACO), 
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

    (n) Canadian airworthiness directive CF-2002-35R2, issued 
January 6, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on June 15, 2005.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12298 Filed 6-21-05; 8:45 am]
BILLING CODE 4910-13-P