[Federal Register Volume 72, Number 200 (Wednesday, October 17, 2007)]
[Proposed Rules]
[Pages 58763-58766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20465]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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.
 
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 

  Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / 
Proposed Rules  

[[Page 58763]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0047; Directorate Identifier 2007-NM-197-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. This 
proposed 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. * * *

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 16, 
2007.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building, Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.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 proposed 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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0047; 
Directorate Identifier 2007-NM-197-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On August 13, 2007, we issued AD 2007-17-07, Amendment 39-15165 (72 
FR 46555, August 21, 2007). That AD required actions intended to 
address an unsafe condition on certain Bombardier Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes. The actions required by AD 
2007-17-07 correspond, in part, to Canadian airworthiness directive CF-
2007-10, dated July 18, 2007 (referred to after this as ``the MCAI''), 
issued by Transport Canada Civil Aviation (TCCA), which is the 
airworthiness authority for Canada.
    Paragraph (1) of Note 2 of AD 2007-17-07 specified that the planned 
compliance times for certain actions required in the Canadian 
airworthiness directive would allow enough time to provide notice and 
opportunity for prior public comment on the merits of those actions and 
that we were considering further rulemaking to address this issue. We 
have determined that further rulemaking is indeed necessary, and this 
proposed AD follows from that determination.
    Accordingly, this proposed AD would supersede AD 2007-17-07. This 
proposed AD would retain the requirements of AD 2007-17-07, i.e., 
revising the airplane flight manual (AFM) by incorporating the 
information in Canadair Regional Jet Temporary Revision (TR) RJ/165, 
dated July 6, 2007, into the AFM and by adding operational procedures 
to the Limitations section of the AFM; training flight crewmembers and 
operational control/dispatch personnel on the operational procedures; 
and doing corrective ``maintenance actions.'' 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).

[[Page 58764]]

    This proposed AD would also require training flight crewmembers on 
reduced or zero flap landing, and doing additional corrective 
``maintenance actions'' that include a pressure test of the flexible 
drive-shaft, and corrective actions if necessary. The corrective 
actions include replacing any flexible drive-shaft which exhibits 
leakage (any sign of bubbles within one minute during the pressure test 
in water) with a serviceable flexible drive-shaft; and a low 
temperature torque test of the flap actuators, and corrective actions 
(including replacement with a serviceable actuator) if necessary. You 
may obtain further information by examining the MCAI in the AD docket.

FAA's Determination and Requirements of This Proposed 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 proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This 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 proposed 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 proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 684 products of U.S. registry. We also estimate that 
it would take about 27 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $1,477,440, or $2,160 per product.

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 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 this 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 proposed AD and placed it in the AD docket.

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 FAA amends Sec.  39.13 by removing Amendment 39-15165 (72 FR 
46555, August 21, 2007) and adding the following new AD:

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2007-0047; 
Directorate Identifier 2007-NM-197-AD.

Comments Due Date

    (a) We must receive comments by November 16, 2007.

Affected ADs

    (b) The proposed AD supersedes AD 2007-17-07, Amendment 39-
15165.

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 continuing airworthiness information (MCAI) 
states:

* * * * *
    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 includes retaining the requirements of the existing AD: 
Revising the airplane flight manual by incorporating a temporary 
revision and by adding operational procedures to the Limitations 
section; training flight crewmembers and operational control/
dispatch personnel on the operational procedures; and doing 
corrective ``maintenance actions.'' 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), 
and installing 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). This AD also requires training flight crewmembers 
on reduced or zero flap landing and doing additional corrective 
``maintenance actions'' that include a pressure test of the flexible 
drive-shaft and corrective actions (which

[[Page 58765]]

include replacing any flexible drive-shaft which exhibits leakage 
(any sign of bubbles within one minute during the pressure test in 
water) with a serviceable flexible drive-shaft) and a low 
temperature torque test of the flap actuators and corrective actions 
(which include installation of a serviceable actuator if torque test 
results are not satisfactory).

Restatement of Requirements of AD 2007-17-07

    (f) Unless already done, do the following actions.
    (1) Part I. Airplane Flight Manual (AFM) Change: Within 30 days 
after September 5, 2007 (the effective date of AD 2007-17-07), 
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 
September 5, 2007, 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
    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 useable 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 
useable 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 September 5, 2007, 
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 
September 5, 2007, 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.

New Requirements of This AD: Actions and Compliance

    (g) Unless already done, do the following actions.
    (1) As of November 30, 2008, no affected airplane may be 
operated unless the flight crewmembers of that airplane have 
received simulator training on reduced or zero flap landing that is 
acceptable to the Principal Operations Inspector (POI). Thereafter, 
this training must be done during the normal simulator training 
cycle, at intervals not to exceed 12 months.
    (2) Within 24 months or 4,000 flight hours after the effective 
date of this AD, whichever occurs first: Do a pressure test of the 
flexible drive-shaft, and do all applicable corrective actions, by 
doing all the applicable actions specified in ``PART B'' of the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
150, dated July 12, 2007. Do all applicable corrective actions 
before further flight.
    (3) Within 24 months after the effective date of this AD: Do a 
low temperature torque test of the flap actuators, and do all 
applicable corrective actions, by doing all the applicable actions 
specified in ``PART C'' of the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-27-150, dated July 12, 2007. Do all 
applicable corrective actions before further flight.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The maintenance tasks specified in the first row of the 
table in ``Part IV. Maintenance Actions'' of the MCAI do not specify 
a corrective action if an actuator is not serviceable (i.e., torque 
test results are not satisfactory). However, this AD requires 
contacting the FAA or installing a serviceable actuator before 
further flight if torque test results are not satisfactory. 
(Reference paragraph (f)(4) of this AD.)
    (2) Although paragraph 2. of ``Part III. Training'' of the MCAI 
recommends accomplishing the initial training within 1 year, this AD 
requires accomplishing the training before November 30, 2008, in 
order to ensure that the actions are completed prior to the onset of 
cold weather operations.


[[Page 58766]]



Other FAA AD Provisions

    (h) 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

    (i) 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.

    Issued in Renton, Washington, on October 9, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-20465 Filed 10-16-07; 8:45 am]
BILLING CODE 4910-13-P