[Federal Register Volume 71, Number 47 (Friday, March 10, 2006)]
[Rules and Regulations]
[Pages 12277-12280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2236]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24110; Directorate Identifier 2006-NM-020-AD; 
Amendment 39-14508; AD 2006-05-11]
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 superseding an existing airworthiness directive 
(AD) that applies to certain Bombardier Model CL-600-2B19 (Regional Jet 
Series 100 & 440) airplanes. The existing AD currently requires 
revising the airworthiness limitations section of the Instructions for 
Continued Airworthiness of the aircraft maintenance manual (AMM) by 
incorporating procedures for repetitive functional tests of the pilot 
input lever of the pitch feel simulator (PFS) units. This AD requires 
new repetitive functional tests of the pilot input lever of the PFS 
unit, and corrective actions if necessary. After initiating the new 
tests, this AD also requires removal of the existing procedures for the 
repetitive functional tests from the AMM. This AD results from a report 
that the shear pin located in the input lever of two PFS units failed 
due to fatigue. We are issuing this AD to prevent undetected failure of 
the shear pin of both PFS units simultaneously, which could result in 
loss of pitch feel forces and consequent reduced control of the 
airplane.

DATES: This AD becomes effective March 27, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 27, 
2006.
    On February 13, 2004 (69 FR 4234, January 29, 2004), the Director 
of the Federal Register approved the incorporation by reference of 
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.''
    We must receive any comments on this AD by May 9, 2006.

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.
    Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, 
Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for service 
information identified in this AD.
    You may examine the contents of the 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-2006-24110; the directorate identifier for this docket is 
2006-NM-020-AD.

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

SUPPLEMENTARY INFORMATION: 

Discussion

    On January 20, 2004, the FAA issued AD 2004-02-07, amendment 39-
13442 (69 FR 4234, January 29, 2004). That AD applies to certain 
Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. 
That AD requires revising the airworthiness limitations section of the 
Instructions for Continued Airworthiness of the aircraft maintenance 
manual (AMM) by incorporating procedures for repetitive functional 
tests of the pilot input lever of the pitch feel simulator (PFS) units. 
That AD also requires an initial functional test of the pilot input 
lever of the PFS units, and corrective action if necessary. That AD 
resulted from a report that the shear pin located in the input lever of 
two PFS units failed due to fatigue. The actions specified in that AD 
are intended to prevent undetected failure of the shear pin of both PFS 
units simultaneously, which could result in loss of pitch feel forces 
and consequent reduced control of the airplane.

Actions Since AD Was Issued

    Since we issued that AD, Transport Canada Civil Aviation (TCCA), 
which is the airworthiness authority for Canada, has informed us of a 
delay in developing a terminating modification. TCCA advises that 
Bombardier is encountering difficulties in developing a new, improved 
replacement input lever for the PFS units. The resulting delay is 
increasing the service time on the existing levers (and resulting risk 
exposure) to a level that is higher than TCCA anticipated when they 
issued Canadian Airworthiness Directive CF-2003-26, dated November 14, 
2003. The delay also results in more airplanes being delivered with the 
existing lever

[[Page 12278]]

design. As a consequence, the repetitive interval of the functional 
test is being reduced to help reduce the risk exposure to a failed 
input lever and shear pin. Therefore, TCCA superseded and cancelled 
Canadian Airworthiness Directive CF-2003-26 (which we referenced in AD 
2004-02-07 as the parallel Canadian Airworthiness Directive) with 
Canadian Airworthiness Directive CF-2005-41, dated December 22, 2005. 
Canadian Airworthiness Directive CF-2005-41 expands the applicability, 
reduces the repetitive interval of the functional tests, and adds 
repetitive functional tests of the pilot input lever to determine if 
the lever is disconnected, in accordance with new service information.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin A601R-27-144, Revision 
A, dated February 14, 2006, including Appendix A, dated September 15, 
2005. The alert service bulletin describes procedures for performing 
repetitive functional tests of the pilot input lever of the PFS units 
to determine if the lever is disconnected, and corrective actions if 
necessary. The corrective actions include replacing any defective PFS 
unit with a serviceable PFS unit, and using the data sheet of Appendix 
A to submit a test report to Bombardier. TCCA mandated the service 
information 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 
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 products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to supersede AD 2004-02-07. This 
new AD retains the repetitive functional tests of the existing AD. This 
AD also requires accomplishing the actions specified in the alert 
service bulletin described previously. Once the new functional tests 
are initiated, this AD also requires removal of the existing procedures 
for the repetitive functional tests from the AMM.

Clarification Between This AD and the Canadian Airworthiness Directive

    Canadian airworthiness directive CF-2005-41 references Bombardier 
Alert Service Bulletin A601R-27-144, including Appendix A, dated 
September 15, 2005, or later revision approved by TCCA, as the 
appropriate source of service information for doing the required 
actions. After TCCA issued that airworthiness directive, Bombardier 
issued Revision A of the alert service bulletin described previously. 
Revision A adds an illustration of a cotter pin for the bolt to Figure 
1 of the Accomplishment Instructions, and revises two of the steps to 
include the cotter pin. TCCA subsequently approved Revision A of the 
alert service bulletin. Therefore, this AD requires actions in 
accordance with Revision A of the alert service bulletin.

Change to Existing AD

    This AD would retain the repetitive functional test requirement of 
AD 2004-02-07. Since AD 2004-02-07 was issued, the AD format has been 
revised, and certain paragraphs have been rearranged. As a result, the 
corresponding paragraph identifier has changed in this AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                           Corresponding requirement in
      Requirement in AD 2004-02-07                   this AD
------------------------------------------------------------------------
paragraph (a)..........................  paragraph (f)
------------------------------------------------------------------------

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.

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-2006-
24110; Directorate Identifier 2006-NM-020-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 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 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

[[Page 12279]]

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 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13442 (69 FR 4234, January 29, 2004) and adding 
the following new AD:

2006-05-11 Bombardier, Inc. (Formerly Canadair): Docket No. FAA-
2006-24110; Directorate Identifier 2006-NM-020-AD; Amendment 39-
14508.

Effective Date

    (a) This AD becomes effective March 27, 2006.

Affected ADs

    (b) This AD supersedes AD 2004-02-07.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, serial numbers 7003 through 7999 
inclusive, and 8000 and subsequent, certificated in any category.

Unsafe Condition

    (d) This AD results from a report that the shear pin located in 
the input lever of two pitch feel stimulator (PFS) units failed due 
to fatigue. We are issuing this AD to prevent undetected failure of 
the shear pin of both PFS units simultaneously, which could result 
in loss of pitch feel forces and consequent reduced control 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.

Restatement of Certain Requirements of AD 2004-02-07

Revise Airworthiness Limitations (AWL) Section of Aircraft 
Maintenance Manual

    (f) For airplanes having serial numbers 7003 through 7999 
inclusive: Within 14 days after February 13, 2004 (the effective 
date of AD 2004-02-07), revise the 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.

New Requirements

New Repetitive Functional Tests and Corrective Actions

    (g) Before the accumulation of 4,000 total flight hours, or 
within 100 flight hours after the effective date of this AD, 
whichever occurs later: Do a functional test of the pilot input 
lever of the PFS units to determine if the lever is disconnected, in 
accordance with the Accomplishment Instructions of Bombardier Alert 
Service Bulletin A601R-27-144, Revision A, dated February 14, 2006, 
including Appendix A, dated September 15, 2005. Repeat the test at 
intervals not to exceed 100 flight hours. Before further flight, 
after performing the initial functional test, remove the procedures 
for the functional tests specified in paragraph (f) of this AD from 
the CL-600-2B19 Canadair Regional Jet Maintenance Requirements 
Manual.
    (h) If any lever is found to be disconnected during any 
functional test required by paragraph (g) of this AD, do the actions 
specified in paragraphs (h)(1) and (h)(2) of this AD in accordance 
with the Accomplishment Instructions of Bombardier Alert Service 
Bulletin A601R-27-144, Revision A, dated February 14, 2006, 
including Appendix A, dated September 15, 2005.
    (1) Before further flight, replace the defective PFS with a 
serviceable PFS in accordance with the Accomplishment Instructions 
of the alert service bulletin; and
    (2) Within 30 days after removing the defective PFS, submit a 
test report to the manufacturer in accordance with the 
Accomplishment Instructions of the alert service bulletin. Under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), 
the Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this AD and has 
assigned OMB Control Number 2120-0056.

Previously Accomplished Actions

    (i) Actions done before the effective date of this AD in 
accordance with Bombardier Alert Service Bulletin A601R-27-144, 
including Appendix A, dated September 15, 2005, are acceptable for 
compliance with the requirements of paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (k) Canadian airworthiness directive CF-2005-41, dated December 
22, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Bombardier Alert Service Bulletin A601R-27-144, 
Revision A, dated February 14, 2006, including Appendix A, dated 
September 15, 2005; and 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;'' as applicable, to perform the actions that are 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference Bombardier Alert Service Bulletin A601R-
27-144, Revision A, dated February 14, 2006, including Appendix A, 
dated September 15, 2005, in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51.
    (2) On February 13, 2004 (69 FR 4234, January 29, 2004), the 
Director of the Federal Register approved the incorporation by 
reference of 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.''
    (3) Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. 
Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, 
for a copy of this service information. 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/

[[Page 12280]]

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

    Issued in Renton, Washington, on February 28, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-2236 Filed 3-9-06; 8:45 am]
BILLING CODE 4910-13-P