[Federal Register Volume 70, Number 162 (Tuesday, August 23, 2005)]
[Rules and Regulations]
[Pages 49164-49167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16533]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22145; Directorate Identifier 2005-NM-148-AD; 
Amendment 39-14223; AD 2005-17-12]
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 inspecting to identify the wing anti-ice 
ducts (piccolo tubes) in the wing leading edge. For airplanes with 
affected piccolo tubes, this AD requires revising the airplane flight 
manual (AFM) to introduce new procedures for operation in icing 
conditions. The optional implementation of repetitive inspections for 
cracks of affected piccolo tubes, and corrective actions if necessary, 
terminates the operational limitations. The optional installation of 
certain new piccolo tubes terminates both the AFM revision and the 
inspections. This AD was prompted by reports of failed piccolo tubes. 
We are issuing this AD to prevent cracked piccolo tubes, which could 
result in air leakage, a possible adverse effect on the anti-ice air 
distribution pattern and anti-ice capability without annunciation to 
the flight crew, and consequent reduced controllability of the 
airplane.

DATES: This AD becomes effective September 7, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of September 7, 
2005.
    We must receive comments on this AD by October 24, 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 Centre-ville, 
Montreal, Quebec H3C 3G9, Canada.

FOR FURTHER INFORMATION CONTACT: Dan 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:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified us that an unsafe condition may exist on 
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. TCCA advises that it has received reports of failed wing 
anti-ice ducts (piccolo tubes) located in the wing leading edge. De-
icing capability was degraded on the wing that had the piccolo tube 
damage. Upon investigation, it has been determined that piccolo tubes 
manufactured since June 2000 are susceptible to cracking due to the 
process used to drill the air distribution holes. Such cracking may 
cause air leakage, a possible adverse effect on the anti-ice air 
distribution pattern and anti-ice capability without annunciation to 
the flight crew, and consequent reduced controllability of the 
airplane.

Relevant Service Information

    Bombardier has issued Canadair Temporary Revision (TR) RJ/155, 
dated July 5, 2005, to the Canadair Regional Jet Airplane Flight Manual 
(AFM), CSP A-012. The TR introduces new procedures for operation in 
icing conditions. The TR revises the Operating Limitations and Abnormal 
Procedures sections of AFM CSP A-012 to include new procedures for 
operation in icing conditions.
    Accomplishing the actions specified in the TR is intended to 
adequately address the unsafe condition. TCCA mandated the TR and 
issued Canadian airworthiness directive CF-2005-26, dated July 11, 
2005, to ensure the continued airworthiness of these airplanes in 
Canada.
    Bombardier has also issued Service Bulletin 601R-30-029, Revision 
A, dated July 7, 2005. The service bulletin describes procedures for:
     Repetitively inspecting, using fluorescent dye penetrant 
methods, the piccolo tubes to detect cracks.
     Replacing cracked piccolo tubes with acceptable parts, or 
reinstalling cracked piccolo tubes under certain conditions.
     Reporting the inspection results to the manufacturer.

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 we need to 
issue an AD for airplanes of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD, which requires identifying the 
part and serial numbers of the piccolo tubes installed on the airplane. 
For airplanes

[[Page 49165]]

with affected piccolo tubes, the AD requires revising the AFM as 
specified previously. In addition, the optional implementation of the 
repetitive inspection program described previously terminates the 
operational limitations, provided operators comply with the exception 
described under ``Differences Between the AD and the Service Bulletin/
Canadian Airworthiness Directive.'' The optional installation of 
certain new piccolo tubes terminates both the AFM revision and the 
repetitive inspections.

Differences Between the AD and the Service Bulletin/Canadian 
Airworthiness Directive

    The service bulletin specifies contacting the manufacturer for 
instructions on how to repair certain conditions, but this AD requires 
repair of those conditions using a method approved by the FAA or TCCA 
(or its delegated agent). In light of the type of repair required to 
address the unsafe condition, and consistent with existing bilateral 
airworthiness agreements, we have determined that, for this AD, a 
repair approved by the FAA or TCCA is acceptable for compliance with 
this AD.
    The applicability of the Canadian airworthiness directive specifies 
serial numbers 7417 through 7990 inclusive, and 8000 and subsequent. 
However, this AD expands that applicability to include additional 
airplanes that have been recently identified as having the affected 
piccolo tube installed. We have been informed that the Canadian 
airworthiness directive and the service bulletin will be revised in the 
near future to incorporate this change.
    These differences have 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 in the ADDRESSES section. Include ``Docket No. FAA-2005-
22145; Directorate Identifier 2005-NM-148-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    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 AD. Using the search function of that 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 may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may 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 
receives them.

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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-17-12 Bombardier, Inc. (Formerly Canadair): Amendment 39-14233. 
Docket No. FAA-2005-22145; Directorate Identifier 2005-NM-148-AD.

Effective Date

    (a) This AD becomes effective September 7, 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 the serial numbers listed below: 7013, 7017, 7037, 
7046, 7059, 7076, 7105, 7127, 7151, 7157, 7163, 7174, 7179, 7203, 
7204, 7228, 7271, 7347, 7362, 7378, 7417 through 7990 inclusive, 
8000 and subsequent.

Unsafe Condition

    (d) This AD was prompted by reports of failed wing anti-ice 
ducts (piccolo tubes) in the leading edge of the wing. We are 
issuing this AD to prevent cracked piccolo tubes,

[[Page 49166]]

which could result in air leakage, a possible adverse effect on the 
anti-ice air distribution pattern and anti-ice capability without 
annunciation to the flight crew, 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.

Service Bulletin References

    (f) For purposes of this AD, any reference to ``the service 
bulletin'' means the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-30-029, Revision A, dated July 7, 2005.

Identification of Affected Piccolo Tubes

    (g) Before the airplane accumulates 3,000 total flight hours, or 
within 14 days after the effective date of this AD, whichever occurs 
later: Determine whether any affected piccolo tube is installed on 
the airplane. Affected piccolo tubes are identified in paragraph 
1.A. of the service bulletin.

Revision to Aircraft Flight Manual (AFM)

    (h) For airplanes with an affected or unidentifiable piccolo 
tube: Before the airplane accumulates 3,000 total flight hours, or 
within 14 days after the effective date of this AD, whichever occurs 
later, revise the Operating Limitations and Abnormal Procedures 
sections of the Canadair Regional Jet AFM, CSP A-012, to include the 
information in Canadair Temporary Revision (TR) RJ/155, dated July 
5, 2005, as specified in the TR. This may be done by inserting a 
copy of the TR into the AFM. This TR introduces new procedures for 
operation in icing conditions. Operate the airplane according to the 
limitations and procedures in the TR. When this TR has been included 
in general revisions of the AFM, the general revisions may be 
inserted in the AFM, provided the relevant information in the 
general revision is identical to that in the TR.

Optional Inspections

    (i) For airplanes with an affected or unidentifiable piccolo 
tube: The operating limitations and abnormal procedures specified in 
the TR, as required by paragraph (h) of this AD, may be removed from 
the AFM, provided all requirements of this paragraph have been 
satisfied.
    (1) A fluorescent dye penetrant inspection for cracks of the 
piccolo tubes is done and repeated thereafter within 2,000-flight-
hour intervals in accordance with the service bulletin. An 
inspection done before the effective date of this AD in accordance 
with Bombardier Service Bulletin 601R-30-029, dated June 17, 2005, 
is acceptable for compliance with the requirements of paragraph 
(i)(1) of this AD.
    (2) All applicable corrective actions are done as specified in 
paragraph (k) of this AD.
    (3) Applicable inspection reports are submitted as specified in 
paragraph (o) of this AD.

AFM Limitations Required for Exceeding Inspection Interval

    (j) During any period in which the inspection interval exceeds 
2,000 flight hours after the initial inspection specified in 
paragraph (i)(1) of this AD, the airplane must be operated under the 
limitations and abnormal procedures specified in paragraph (h) of 
this AD.

Corrective Action

    (k) If any crack is found during any inspection required by 
paragraph (i) of this AD: Before further flight, do the actions 
specified in paragraph (k)(1), (k)(2), (k)(3), (k)(4), or (k)(5) of 
this AD, except as required by paragraph (l) of this AD.
    (1) Replace the cracked piccolo tube, in accordance with the 
service bulletin, with a new piccolo tube that has the same part 
number as identified in paragraph 1.A. of the service bulletin but 
that does not have a serial number listed in that paragraph.
    (2) Replace the cracked piccolo tube, in accordance with the 
service bulletin, with a new piccolo tube that has a part number 
identified in the applicable Bombardier illustrated parts catalog 
but not identified in paragraph 1.A. of the service bulletin, or 
with a new piccolo tube identified in paragraph (m) of this AD.
    (3) Replace the cracked piccolo tube, in accordance with the 
service bulletin, with a piccolo tube that has been inspected in 
accordance with the service bulletin, is not cracked, and has not 
accumulated any air time (hours time-in-service) since inspection.
    (4) Replace the cracked piccolo tube with a piccolo tube that 
has been repaired in accordance with a method approved by either the 
Manager, New York Aircraft Certification Office (ACO), ANE-172, FAA; 
or Transport Canada Civil Aviation (TCCA) (or its delegated agent); 
and has not accumulated any air time (hours time-in-service) since 
the repair.
    (5) Reinstall the cracked piccolo tube and operate the airplane 
in accordance with a method approved by either the Manager, New York 
ACO, or TCCA (or its delegated agent). Operation in accordance with 
the provisions of Master Minimum Equipment List (MMEL) entry 30-12-
03 is one acceptable method.

Exception to Service Bulletin Procedures

    (l) Where the service bulletin specifies that Bombardier may be 
contacted for information regarding repair, this AD requires repair 
according to a method approved by either the Manager, New York ACO, 
or TCCA (or its delegated agent).

Optional Terminating Action

    (m) Installation, in accordance with the service bulletin, of a 
complete set of new inboard, center, and outboard piccolo tubes, as 
identified in paragraphs (m)(1), (m)(2), and (m)(3) of this AD 
terminates the requirements of paragraphs (g), (h), (i), (j), and 
(k) of this AD. When these piccolo tubes have been installed, remove 
the Operating Limitations and Abnormal Procedures, if inserted in 
accordance with paragraph (h) of this AD, from the AFM.
    (1) For the inboard piccolo tube: P/N 601-80032-7 (14432-107) 
and 601-80032-8 (14432-108).
    (2) For the center piccolo tube: P/N 14464-105 and 14464-106.
    (3) For the outboard piccolo tube: P/N 14463-109 and 14463-110.

Parts Installation

    (n) As of the effective date of this AD, no person may install, 
on any airplane, a piccolo tube having a P/N listed in listed in 
paragraph 1.A. of the service bulletin, unless the requirements of 
this AD have been accomplished for that piccolo tube.

Report

    (o) For any inspection done in accordance with paragraph (i) of 
this AD: Submit a report of the inspection results (both positive 
and negative findings) in accordance with Appendix B of the service 
bulletin. 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 most recent inspection was done after the effective 
date of this AD: Submit the report within 10 days after the 
inspection.
    (2) If the most recent inspection was accomplished prior to the 
effective date of this AD: Submit the report within 10 days after 
the effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (p) The Manager, New York ACO, has the authority to approve 
AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.

Related Information

    (q) Canadian airworthiness directive CF-2005-26, dated July 11, 
2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (r) You must use Canadair Temporary Revision RJ/155, dated July 
5, 2005, to the Canadair Regional Jet Airplane Flight Manual, CSP A-
012; and Bombardier Service Bulletin 601R-30-029, Revision A, dated 
July 7, 2005, including Appendix A, dated June 17, 2005, and 
Appendix B, Revision A, dated July 7, 2005; to perform the actions 
that are required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference of this document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. For a copy of this service information, contact 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, Montreal, Quebec H3C 3G9, Canada. You may review 
copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at 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/

[[Page 49167]]

code--of--federal--regulations/ibr--locations.html.

    Issued in Renton, Washington, on August 11, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-16533 Filed 8-22-05; 8:45 am]
BILLING CODE 4910-13-P