[Federal Register Volume 71, Number 249 (Thursday, December 28, 2006)]
[Proposed Rules]
[Pages 78096-78099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22271]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 71, No. 249 / Thursday, December 28, 2006 / 
Proposed Rules  

[[Page 78096]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26378; Directorate Identifier 2006-NM-230-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B16 (CL-604) 
Airplanes and Model CL-600-2B19 (Regional Jet Series 100 & 440) 
Airplanes

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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

SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to certain Bombardier Model CL-600-2B16 
(CL-604) airplanes and Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. These models may be referred to by their marketing 
designations as RJ100, RJ200, RJ440, CRJ100, CRJ200, CRJ440, and CL-65. 
The original NPRM would have superseded an existing AD that currently 
requires revising the Emergency Procedures section of the airplane 
flight manual (AFM) to advise the flightcrew of additional procedures 
to follow in the event of stabilizer trim runaway. The existing AD also 
requires revising the Abnormal Procedures section of the AFM to advise 
the flightcrew of procedures to follow in the event of MACH TRIM, STAB 
TRIM, and horizontal stabilizer trim malfunctions. The existing AD also 
requires revising the Normal section of the AFM to require a review of 
the location of certain circuit breakers and a functional check of the 
stabilizer trim system. In addition, the existing AD requires 
installing circuit breaker identification collars and provides an 
optional terminating action for the requirements of the AD. The 
original NPRM proposed to require doing the previously optional 
terminating action (installation of a new horizontal stabilizer trim 
control unit). The original NPRM resulted from a determination that the 
terminating action is necessary to address reports of uncommanded 
horizontal stabilizer trim motion. This new action revises the original 
NPRM by not allowing the removal of applicable temporary revisions 
(TRs) to the Emergency and Abnormal Procedures sections of the AFM and 
by adding the proposed requirement for certain airplanes to re-insert 
the applicable TRs of the Emergency and Abnormal Procedures sections of 
the AFM under certain conditions. We are proposing this supplemental 
NPRM to prevent horizontal stabilizer trim uncommanded motion, which 
could result in reduced controllability of the airplane.

DATES: We must receive comments on this supplemental NPRM by January 
17, 2007.

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.
    Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, 
Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for service 
information identified in this proposed AD.

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:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposal. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2006-26378; Directorate Identifier 2006-NM-230-AD'' at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
supplemental NPRM. We will consider all comments received by the 
closing date and may amend this supplemental NPRM in light of those 
comments.
    We will post all comments submitted, 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 
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 ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System receives them.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) (the 
``original NPRM'') to amend 14 CFR part 39 to include an AD that 
supersedes AD 2006-22-06, amendment 39-14803 (71 FR 63219, October 30, 
2006). The existing AD applies to certain Bombardier Model CL-600-2B16 
(CL-604) airplanes and Model CL-600-2B19 (Regional Jet Series 100 & 
440)

[[Page 78097]]

airplanes. The original NPRM was published in the Federal Register on 
November 22, 2006 (71 FR 67502). The original NPRM proposed to 
supersede AD 2006-22-06 and proposed to require terminating action 
(installation of a new horizontal stabilizer trim control unit 
(HSTCU)).

Actions Since Original NPRM Was Issued

    Since we issued the original NPRM, we determined that paragraph (m) 
of AD 2006-22-06 inadvertently allows the removal of the airplane 
flight manual (AFM) revisions specified in paragraph (h) of AD 2006-22-
06. We also determined that paragraph (l) of the original NPRM 
inadvertently allowed the same removal of the AFM revisions. The AFM 
revisions specified in paragraph (f) of the original NPRM (which 
correspond to the AFM revisions specified in paragraph (h) of the AD 
2006-22-06) should not be allowed to be removed after the installation 
specified in paragraph (l) of the original NPRM unless the revision is 
incorporated into the general revisions of the corresponding AFM.
    Therefore, we have revised paragraph (l) of this supplemental NPRM 
by removing the phrase ``the AFM revisions required by paragraph (f) of 
this AD may be removed from the applicable AFM.''
    We have also added paragraph (n) of this supplemental NPRM to 
propose to reinsert the AFM revisions specified in paragraph (f) of 
this supplemental NPRM for airplanes for which the AFM revisions have 
been removed in accordance with the requirements of paragraph (m) of 
the AD 2006-22-06.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The changes discussed above expand the scope of the original NPRM; 
therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD. The average labor rate is $80 per work 
hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Number  of
                                                                                      U.S.-
            Action               Work hours        Parts        Cost per airplane   registered     Fleet cost
                                                                                    airplanes
----------------------------------------------------------------------------------------------------------------
AFM Revisions and Installation            2  $3...............  $163.............          875  $142,625
 of Circuit Breaker Collars
 (required by AD 2006-22-06).
Installation of HSTCU (new               11  Between $2,530     Between $3,410             875  Between
 proposed action).                            and $3,995.        and $4,875.                     $2,983,750 and
                                                                                                 $4,265,625
----------------------------------------------------------------------------------------------------------------

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 supplemental NPRM 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14803 (71 FR 63219, October 30, 2006) and adding 
the following new airworthiness directive (AD):

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2006-26378; 
Directorate Identifier 2006-NM-230-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by January 
17, 2007.

Affected ADs

    (b) This AD supersedes AD 2006-22-06.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B16 (CL-604) 
airplanes, serial numbers 5301 through 5665 inclusive; and Model CL-
600-2B19 (Regional Jet Series 100 & 440) airplanes, serial numbers 
7003 through 7990 inclusive and 8000 through 8066 inclusive; 
certificated in any category.

    Note 1: The Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes may be

[[Page 78098]]

referred to by their marketing designations as RJ100, RJ200, RJ440, 
CRJ100, CRJ200, CRJ440, and CL-65.

Unsafe Condition

    (d) This AD results from reports of uncommanded horizontal 
stabilizer trim motion. We are issuing this AD to prevent horizontal 
stabilizer trim uncommanded motion, which could result in 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.

Restatement of Certain Requirements of AD 2006-22-06

Airplane Flight Manual (AFM) Revisions

    (f) Within 14 days after November 14, 2006 (the effective date 
of AD 2006-22-06), make the applicable AFM revisions specified in 
paragraph (f)(1) or (f)(2) of this AD by incorporating the 
applicable Canadair (Bombardier) temporary revisions (TRs) 
identified in Table 1 of this AD into the applicable AFM.
    (1) For Model CL-600-2B16 (CL-604) airplanes: Revise the 
Emergency and Abnormal Procedures sections of the AFM to advise the 
flightcrew of additional procedures to follow in the event of 
stabilizer trim runaway and to advise the flightcrew of revised 
procedures to follow in the event of MACH TRIM, STAB TRIM, and 
horizontal stabilizer trim malfunctions.
    (2) For Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes: Revise the Emergency and Abnormal Procedures sections of 
the AFM to advise the flightcrew of revised procedures to follow in 
the event of stabilizer trim runaway and in the event of MACH TRIM, 
STAB TRIM, and horizontal stabilizer trim malfunctions.

                                                  Table 1.--TRs
----------------------------------------------------------------------------------------------------------------
       For Bombardier Model                     Use                     Dated                    To the
----------------------------------------------------------------------------------------------------------------
CL-600-2B16 (CL-604) airplanes....  Canadair Challenger TR 604/ October 3, 2006......  Canadair Challenger CL-
                                     21-1.                                              604 AFM, PSP 604-1.
CL-600-2B19 (Regional Jet Series    Canadair Regional Jet TR    October 3, 2006......  Canadair Regional Jet
 100 & 440) airplanes.               RJ/152-5.                                          AFM, CSP A-012.
----------------------------------------------------------------------------------------------------------------

    (g) When the applicable TR specified in paragraph (f) of this AD 
has been included in the general revisions of the applicable AFM, 
those general revisions may be inserted into the AFM and the 
applicable TR may be removed, provided the relevant information in 
the general revisions is identical to that in the TR.

Installation of Circuit Breaker Identification Collars

    (h) Within 14 days after November 14, 2006, install circuit 
breaker identification collars in accordance with Bombardier 
Modification Summary Package IS601R27410051, Revision C, dated 
September 29, 2006 (for Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes); or the Accomplishment Instructions of Bombardier 
Alert Service Bulletin A604-27-029, dated September 28, 2006 (for 
Model CL-600-2B16 (CL-604) airplanes); as applicable.

Additional AFM Revision

    (i) For Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes: Within 14 days after November 14, 2006, revise the Normal 
section of the Canadair Regional Jet AFM, CSP A-012, to include the 
statement specified in Figure 1 of this AD. This may be done by 
inserting a copy of Figure 1 of this AD into the AFM.

``Prior to the flightcrew's first flight of the day, do the 
following actions:
1. Review the location of the STAB CH1 HSTCU and STAB CH2 HSTCU 
circuit breakers.
2. Complete a functional check of the stabilizer trim system as 
detailed below.

Control Wheel Stab Trim Disconnect Check

Control Wheel Stab Trim Disconnect switches--Check
 Make sure STAB TRIM caution message is out.
 Activate the pilot's Control
    Wheel Stab Trim Disconnect switch and make sure the STAB TRIM 
caution message comes on.

    Note: During ground testing only, do not activate the Control 
Wheel Stab Trim Disconnect switch if the horizontal stabilizer trim 
is in motion.

 Engage the STAB TRIM switches and make sure the STAB TRIM 
caution message is out.
 Activate the co-pilot's Control Wheel Stab Trim Disconnect 
switch and make sure the STAB TRIM caution message comes on.
 Engage the STAB TRIM and MACH TRIM switches and make sure 
the STAB TRIM and MACH TRIM caution messages are out.''

Figure 1

    Note 2: When a statement identical to that in paragraph (i) of 
this AD has been included in the general revisions of the applicable 
AFM, those general revisions may be inserted into the AFM, and the 
copy of this AD may be removed from the AFM.

    (j) For Model CL-600-2B16 (CL-604) airplanes: Within 14 days 
after November 14, 2006, revise the Normal section of the Canadair 
Challenger CL-604 AFM, PSP 604-1, to include the following 
statement. This may be done by inserting a copy of this AD into the 
AFM.

``Prior to the flightcrew's first flight of the day, do the 
following actions:
1. Review the location of the STAB CH1 HSTCU and STAB CH2 HSTCU 
circuit breakers.
2. Check the stabilizer trim system as detailed in CL-604 AFM 
`Normal Procedures' section titled `Flight Controls Trim Systems, 
Before Flight--First Flight of the Day.' ''

    Note 3: When a statement identical to that in paragraph (j) of 
this AD has been included in the general revisions of the applicable 
AFM, those general revisions may be inserted into the AFM, and the 
copy of this AD may be removed from the AFM.

Previous Actions Accomplished According to Modification Summary 
Package

    (k) Actions accomplished before November 14, 2006, in accordance 
with Bombardier Modification Summary Package IS601R27410051, 
Revision A, dated September 18, 2006; or Revision B, dated September 
27, 2006; are considered acceptable for compliance with the action 
specified in paragraph (h) of this AD, provided that the circuit 
breaker collars meet the color requirements of Bombardier 
Modification Summary Package IS601R27410051, Revision C, dated 
September 29, 2006.

New Requirements of This AD

Terminating Action--Installation of New, Improved Part

    (l) Within 9 months after the effective date of this AD, install 
horizontal stabilizer trim control unit (HSTCU), part number (P/N) 
601R92301-15 (vendor P/N 7060-10) or higher dash number, in 
accordance with the Accomplishment Instructions of Bombardier Alert 
Service Bulletin A604-27-029, dated September 28, 2006 (for Model 
CL-600-2B16 (CL-604) airplanes); or Bombardier Service Bulletin 
601R-27-147, dated September 28, 2006 (for Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes); as applicable. After 
doing the installation, the circuit breaker identification collars 
required by paragraph (h) of this AD may be removed. After doing the 
installation, the AFM revision required by paragraphs (i) and (j) of 
this AD may also be removed from the AFM but operators should note 
that the functional check of the stabilizer trim system on the 
airplane's first flight of the day must still be done.

    Note 4: Bombardier Service Bulletin 601R-27-147, dated September 
28, 2006, refers to Sagem Service Bulletin HSTCU-27-011, dated 
September 22, 2006, as an additional source of service information 
for accomplishment of the installation.


[[Page 78099]]



Service Bulletin Exception

    (m) Although Bombardier Alert Service Bulletin A604-27-029, 
dated September 28, 2006, specifies to return certain parts to the 
manufacturer, this AD does not include that requirement.

Reinsert AFM Revisions

    (n) For airplanes on which the AFM revisions required by 
paragraph (f) of this AD were removed from the applicable AFM before 
the effective date of this AD: Within 14 days after the effective 
date of this AD, reinsert the applicable AFM revisions specified in 
paragraph (f) of this AD. When the applicable TR specified in 
paragraph (f) of this AD has been included in the general revisions 
of the applicable AFM, the applicable TR may be removed.

Alternative Methods of Compliance (AMOCs)

    (o)(1) 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.
    (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

    (p) Canadian airworthiness directives CF-2006-20R1, dated 
October 4, 2006, and CF-2006-21R1, dated October 3, 2006, also 
address the subject of this AD.

    Issued in Renton, Washington, on December 14, 2006.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-22271 Filed 12-27-06; 8:45 am]
BILLING CODE 4910-13-P