[Federal Register Volume 71, Number 59 (Tuesday, March 28, 2006)]
[Rules and Regulations]
[Pages 15323-15325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2981]



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 Rules and Regulations
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  Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Rules 
and Regulations  

[[Page 15323]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24252; Directorate Identifier 2006-NM-062-AD; 
Amendment 39-14528; AD 2006-05-11 R1]
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.

-----------------------------------------------------------------------

SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
which 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 maintenance requirements manual (MRM) by 
incorporating procedures for repetitive functional tests of the pilot 
input lever of the pitch feel simulator (PFS) units. That AD also 
requires new repetitive functional tests of the pilot input lever of 
the PFS unit, and corrective actions if necessary; and after initiating 
the new tests, requires removal of the existing procedures for the 
repetitive functional tests from the MRM. This AD retains the 
requirements of the existing AD and further clarifies the requirements 
of the AD. 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: The effective date of this AD is March 27, 2006.
    On March 27, 2006 (71 FR 12277, March 10, 2006), the Director of 
the Federal Register approved the incorporation by reference of a 
certain publication.
    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 30, 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.

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 February 28, 2006, we issued AD 2006-05-11, amendment 39-14508 
(71 FR 12277, March 10, 2006). 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 maintenance 
requirements manual (MRM) by incorporating procedures for repetitive 
functional tests of the pilot input lever of the pitch feel simulator 
(PFS) units. That AD also requires new repetitive functional tests of 
the pilot input lever of the PFS unit, and corrective actions if 
necessary; and after initiating the new tests, requires removal of the 
existing procedures for the repetitive functional tests from the MRM. 
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, we received telephone calls from three 
airplane operators. Two operators stated that the requirement to remove 
the functional check specified in paragraph (f) of the AD from the CL-
600-2B19 Canadair Regional Jet Maintenance Requirements Manual was 
confusing and will cause an undue burden of possibly grounding 
airplanes. The third commenter stated that the reference to ``aircraft 
maintenance manual'' in paragraph (f) of the AD should be changed to 
``aircraft maintenance requirements manual'' for clarification 
purposes. That operator stated that it has both types of manuals and 
was not sure which manual needed to be revised.
    We agree with the operators that clarification is necessary. It was 
our intent that paragraph (f) of that AD refer to the ``maintenance 
requirements manual''; we have revised paragraph (f) of this AD 
accordingly. It was our intent that after accomplishing the initial 
functional test required by paragraph (g) of that AD, operators could 
stop performing the requirements of paragraph (f) of that AD and the 
repetitive functional checks of the pilot input lever of the PFS units, 
Task R27-31-A024-01, specified in the Airworthiness Limitations (AWL) 
section of the Instructions for Continued Airworthiness. Therefore, we 
have revised paragraph (g) of this AD to clarify this point.

[[Page 15324]]

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.
    Therefore, we are issuing this AD to revise AD 2006-05-11. This new 
AD retains the requirements of the existing AD and further clarifies 
the requirements of the AD.

Interim Action

    This is considered to be interim action. The inspection reports 
that are required by this AD will enable the manufacturer to obtain 
better insight into the nature, cause, and extent of the 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, 
the FAA 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-
24252; Directorate Identifier 2006-NM-062-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 Dockets

    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. 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 39-14508 (71 FR 12277, March 10, 2006) and adding 
the following new airworthiness directive (AD):

2006-05-11 R1 Bombardier, Inc. (Formerly Canadair): Amendment 39-
14528. Docket No. FAA-2006-24252; Directorate Identifier 2006-NM-
062-AD.

Effective Date

    (a) The effective date of this AD is March 27, 2006.

Affected ADs

    (b) This AD revises AD 2006-05-11.

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 simulator (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 Maintenance 
Requirements Manual

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

[[Page 15325]]

AD 2004-02-07), revise the AWL section of the Instructions for 
Continued Airworthiness of the maintenance requirements 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. Accomplishing the initial 
functional test terminates the requirements of paragraph (f) of this 
AD and the repetitive functional checks of the PFS pilot input 
lever, Task R27-31-A024-01, as specified in the AWL section of the 
Instructions for Continued Airworthiness of 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) On March 27, 2006 (71 FR 12277, March 10, 2006), the 
Director of the Federal Register approved the incorporation by 
reference of Bombardier Alert Service Bulletin A601R-27-144, 
Revision A, dated February 14, 2006, including Appendix A, dated 
September 15, 2005.
    (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/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 21, 2006.
Kyle L. Olsen,
Acting Manager , Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-2981 Filed 3-23-06; 3:18 pm]
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