[Federal Register Volume 72, Number 161 (Tuesday, August 21, 2007)]
[Rules and Regulations]
[Pages 46555-46558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16367]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29014; Directorate Identifier 2007-NM-179-AD; 
Amendment 39-15165; AD 2007-17-07]
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: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    The Bombardier CL-600-2B19 airplanes have had a history of flap 
failures at various positions for several years. Flap failure may 
result in a significant increase in required landing distances and 
higher fuel consumption than planned during a diversion.

    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective September 5, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications, listed in the AD as of September 5, 
2007.
    We must receive comments on this AD by September 20, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Room W12-140 on the ground floor of the 
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

[[Page 46556]]

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Operations office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

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 aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2007-10, dated July 18, 2007 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    On November 22, 2006, due to weather conditions a CRJ 100 
executed a missed approach. At the same time, a flaps malfunction 
resulted in the flaps becoming unresponsive while in the fully 
deployed position (45 degree). The pilot declared an emergency and 
diverted to the alternate airport. Due to high fuel consumption when 
flying in this configuration, the aircraft landed at a diversion 
airport with 512 pounds of fuel remaining.
    The Bombardier CL-600-2B19 airplanes have had a history of flap 
failures at various positions for several years. Flap failure may 
result in a significant increase in required landing distances and 
higher fuel consumption than planned during a diversion. The nature 
of the malfunction is related to the design and reliability of some 
of the components of the flap system.
    To lower the risk of exposure until a permanent solution becomes 
available, Transport Canada is implementing the following four 
mandatory actions:
    Part I: AFM Change. This action is mandated to provide the crew 
with additional guidance information for the FLAPS FAIL abnormal 
procedure, to address the possibility of fuel exhaustion resulting 
from a flaps failure at other than 0 degrees, in combination with a 
diversion to an alternate airport.
    Part II: Operational Procedures: The operational procedures 
mandated herein are aimed at reducing or eliminating the risk caused 
by flaps failures. These Operational Procedures cover the three most 
critical flaps failure modes.
    Part III: Training Procedures: This action is mandated to 
provide personnel with training on the operational procedures of 
Part II of this directive and instruction on reduced or zero flap 
landing.
    Part IV: Maintenance Actions: The maintenance actions are 
mandated to improve overall Flaps System reliability and bring the 
failure rate to an acceptable level, until permanent solutions are 
implemented.

    The corrective ``maintenance actions'' include the cleaning and 
lubrication of the flexible shafts, and applicable related 
investigative and corrective actions (which include a detailed 
inspection of the actuator connector sealant bead for signs of damage 
or delamination, repair of damaged sealant, and if necessary, a low 
temperature torque check on the actuator and if torque test results are 
not satisfactory, an installation of a serviceable actuator or, if no 
serviceable actuators are available, contacting the FAA for corrective 
action). The corrective ``maintenance actions'' also include 
installation of metallic seals in the flexible drive-shafts, and 
applicable related investigative and corrective actions (which include 
a detailed inspection of the mating surfaces on the flexible drive-
shaft for damage (scratches or dents), and if mating surfaces have 
damage, cleaning the sealing washer and mating surfaces and applying 
sealant). You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 601R-27-150, including 
Appendix A, dated July 12, 2007; and Canadair Regional Jet Temporary 
Revision RJ/165, dated July 6, 2007, to the Canadair Regional Jet 
Airplane Flight Manual CSP A-012. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because the 
Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes 
have a history of flap failure during cold weather operations. Flap 
failure may result in a significant increase in required landing 
distances and higher fuel consumption than planned during a diversion; 
therefore, corrective actions are necessary prior to the onset of cold 
weather operations. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2007-29014; Directorate 
Identifier 2007-NM-179-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because 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 we 
receive about this AD.

[[Page 46557]]

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 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 this AD:
    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.

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 FAA amends Sec.  39.13 by adding the following new AD:

2007-17-07 Bombardier, Inc. (Formerly Canadair): Amendment 39-15165. 
Docket No. FAA-2007-29014; Directorate Identifier 2007-NM-179-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 5, 2007.

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, 
serial numbers 7003 through 7990 and 8000 and subsequent.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:

    On November 22, 2006, due to weather conditions a CRJ 100 
executed a missed approach. At the same time, a flaps malfunction 
resulted in the flaps becoming unresponsive while in the fully 
deployed position (45 degree). The pilot declared an emergency and 
diverted to the alternate airport. Due to high fuel consumption when 
flying in this configuration, the aircraft landed at a diversion 
airport with 512 pounds of fuel remaining.
    The Bombardier CL-600-2B19 airplanes have had a history of flap 
failures at various positions for several years. Flap failure may 
result in a significant increase in required landing distances and 
higher fuel consumption than planned during a diversion. The nature 
of the malfunction is related to the design and reliability of some 
of the components of the flap system.
    To lower the risk of exposure until a permanent solution becomes 
available, Transport Canada is implementing the following four 
mandatory actions:
    Part I: AFM Change. This action is mandated to provide the crew 
with additional guidance information for the FLAPS FAIL abnormal 
procedure, to address the possibility of fuel exhaustion resulting 
from a flaps failure at other than 0 degrees, in combination with a 
diversion to an alternate airport.
    Part II: Operational Procedures: The operational procedures 
mandated herein are aimed at reducing or eliminating the risk caused 
by flaps failures. These Operational Procedures cover the three most 
critical flaps failure modes.
    Part III: Training Procedures: This action is mandated to 
provide personnel with training on the operational procedures of 
Part II of this directive and instruction on reduced or zero flap 
landing.
    Part IV: Maintenance Actions: The maintenance actions are 
mandated to improve overall Flaps System reliability and bring the 
failure rate to an acceptable level, until permanent solutions are 
implemented.

    The corrective ``maintenance actions'' include the cleaning and 
lubrication of the flexible shafts, and applicable related 
investigative and corrective actions (which include a detailed 
inspection of the actuator connector sealant bead for signs of 
damage or delamination, repair of damaged sealant, and if necessary, 
a low temperature torque check on the actuator and if torque test 
results are not satisfactory, an installation of a serviceable 
actuator or, if no serviceable actuators are available, contacting 
the FAA for corrective action). The corrective ``maintenance 
actions'' also include installation of metallic seals in the 
flexible drive-shafts, and applicable related investigative and 
corrective actions (which include a detailed inspection of the 
mating surfaces on the flexible drive-shaft for damage (scratches or 
dents), and if mating surfaces have damage, cleaning the sealing 
washer and mating surfaces and applying sealant).

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Part I. Airplane Flight Manual (AFM) Change: Within 30 days 
after the effective date of this AD, revise the Canadair Regional 
Jet Airplane Flight Manual CSP A-012, by incorporating the 
information in Canadair Regional Jet Temporary Revision (TR) RJ/165, 
dated July 6, 2007, into the AFM.

    Note 1: The actions required by paragraph (f)(1) of this AD may 
be done by inserting a copy of Canadair Regional Jet TR RJ/165, 
dated July 6, 2007, into the Canadair Regional Jet Airplane Flight 
Manual CSP A-012. When this TR has been included in general 
revisions of the AFM, the general revisions may be inserted in the 
AFM.

    (2) Part II. Operational Procedures: Within 30 days after the 
effective date of this AD, revise the Limitations Section of the 
Canadair Regional Jet Airplane Flight Manual CSP A-012, to include 
the following statement. This may be done by inserting a copy of 
paragraph (f)(2) of this AD in the AFM.

``1. Flap Extended Diversion

    Upon arrival at the destination airport, an approach shall not 
be commenced, nor shall the flaps be extended beyond the 0 degree 
position, unless one of the following conditions exists:
    a. When conducting a precision approach, the reported visibility 
(or RVR) is confirmed to be at or above the visibility associated 
with the landing minima for the approach in use, and can be 
reasonably expected to remain at or above this visibility until 
after landing; or
    b. When conducting a non-precision approach, the reported 
ceiling and visibility (or RVR) are confirmed to be at or above the 
ceiling and visibility associated with the landing minima for the 
approach in use, and can be reasonably expected to remain at or 
above this ceiling and visibility until after landing; or
    c. An emergency or abnormal situation occurs that requires 
landing at the nearest suitable airport; or

[[Page 46558]]

    d. The fuel remaining is sufficient to conduct the approach, 
execute a missed approach, divert to a suitable airport with the 
flaps extended to the landing position, conduct an approach at the 
airport and land with 1000 lb (454 kg) of fuel remaining.

    Note 1: The fuel burn factor (as per AFM TR/165) shall be 
applied to the normal fuel consumption for calculation of the flaps 
extended missed approach, climb, diversion and approach fuel 
consumption.


    Note 2: Terrain and weather must allow a minimum flight altitude 
not exceeding 15,000 feet along the diversion route.


    Note 3: For the purpose of this AD, a ``suitable airport'' is an 
airport that has at least one usable runway, served by an instrument 
approach if operating under Instrument Flight Rules (IFR), and the 
airport is equipped as per the applicable regulations and standards 
for marking and lighting. The existing and forecast weather for this 
airport shall be at or above landing minima for the approach in use.

2. Flap Failure After Takeoff

    When a takeoff alternate is filed, terrain and weather must 
allow a minimum flight altitude not exceeding 15,000 feet along the 
diversion route to that alternate, or other suitable airport. The 
fuel at departure shall be sufficient to divert to the takeoff 
alternate or other suitable airport with the flaps extended to the 
takeoff position, conduct and approach and land with 1000 lb (454 
kg) of fuel remaining.

    Note: The fuel burn factor (as per AFM TR/165) shall be applied 
to the normal fuel consumption for calculation of the flaps 
extended, climb, diversion and approach fuel consumption.

3. Flap Zero Landing

    Operations where all useable runways at the destination and 
alternate airports are forecast to be wet or contaminated (as 
defined in the AFM) are prohibited during the cold weather season 
(December to March inclusive in the northern hemisphere) unless one 
of the following conditions exists:
    a. The flap actuators have been verified serviceable in 
accordance with Part C (Low Temperature Torque Test of the Flap 
Actuators) of SB 601R-27-150, July 12, 2007, or
    b. The flight is conducted at a cruise altitude where the SAT is 
-60 deg C or warmer. If the SAT in flight is colder than -60 deg C, 
descent to warmer air shall be initiated within 10 minutes, or
    c. The Landing Distance Available on a useable runway at the 
destination airport is at least equal to the actual landing distance 
required for flaps zero. This distance shall be based on Bombardier 
performance data, and shall take into account forecast weather and 
anticipated runway conditions, or
    d. The Landing Distance Available on a useable runway at the 
filed alternate airport, or other suitable airport is at least equal 
to the actual landing distance for flaps zero. This distance shall 
be based on Bombardier performance data, and shall take into account 
forecast weather and anticipated runway conditions.

    Note 1: If the forecast destination weather is less than 200 
feet above DH or MDA, or less than 1 mile (1500 meters) above the 
authorized landing visibility (or equivalent RVR), as applied to the 
usable runway at the destination airport, condition 3.a., 3.b., or 
3.d. above must be satisfied.


    Note 2: When conducting No Alternate IFR (NAIFR) operations, 
condition 3.a., 3.b., or 3.c. above must be satisfied.''

    (3) Part III. Training: As of 30 days after the effective date 
of this AD, no affected airplane may be operated unless the flight 
crewmembers of that airplane and the operational control/dispatch 
personnel for that airplane have received training that is 
acceptable to the Principal Operations Inspector (POI) on the 
operational procedures required by paragraph (f)(2) of this AD.
    (4) Part IV. Maintenance Actions: Within 120 days after the 
effective date of this AD, do the cleaning and lubrication of the 
flexible shafts, installation of metallic seals in the flexible 
drive-shafts, and all applicable related investigative and 
corrective actions by doing all the applicable actions specified in 
``PART A'' of the Accomplishment Instructions of Bombardier Service 
Bulletin 601R-27-150, dated July 12, 2007; except if torque test 
results are not satisfactory, before further flight, install a 
serviceable actuator in accordance with the service bulletin or, if 
no serviceable actuators are available, contact the Manager, New 
York Aircraft Certification Office, FAA, for corrective action. Do 
all applicable related investigative and corrective actions before 
further flight.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) This AD does not require the following actions specified in 
the MCAI: the training specified in Paragraph 2. of ``Part III. 
Training;'' and the maintenance tasks specified in the second and 
third rows of the table in ``Part IV. Maintenance Actions.'' The 
planned compliance times for those actions would allow enough time 
to provide notice and opportunity for prior public comment on the 
merits of those actions. Therefore, we are considering further 
rulemaking to address this issue.
    (2) The MCAI does not specify a corrective action if an actuator 
is not serviceable (i.e. torque test results are not satisfactory). 
This AD requires contacting the FAA or installing a serviceable 
actuator before further flight if torque test results are not 
satisfactory (corrective actions are specified in paragraph (f)(4) 
of this AD).

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: 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. Before using any approved AMOC on any airplane to which the 
AMOC applies, notify your appropriate principal inspector (PI) in 
the FAA Flight Standards District Office (FSDO), or lacking a PI, 
your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2007-10, 
dated July 18, 2007; Bombardier Service Bulletin 601R-27-150, dated 
July 12, 2007; and Canadair Regional Jet Temporary Revision RJ/165, 
dated July 6, 2007, to the Canadair Regional Jet Airplane Flight 
Manual CSP A-012; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 601R-27-150, 
including Appendix A, dated July 12, 2007; and Canadair Regional Jet 
Temporary Revision RJ/165, dated July 6, 2007, to the Canadair 
Regional Jet Airplane Flight Manual CSP A-012; as applicable, to do 
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) 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.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 13, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-16367 Filed 8-20-07; 8:45 am]
BILLING CODE 4910-13-P