[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Proposed Rules]
[Pages 4125-4127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1167]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0047; Directorate Identifier 2007-NM-295-AD]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Bombardier Model CL-600-2B19 
(Regional Jet Series 100 & 400) 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 new action would require revised procedures for the functional 
tests. This proposed AD results from a report that the shear pin 
located in the input lever of two PFS units failed due to fatigue. We 
are proposing this AD to prevent undetected failure of the shear pins 
of both PFS units simultaneously, which could result in loss of pitch 
feel forces and consequent reduced control of the airplane.

DATES: We must receive comments on this proposed AD by February 25, 
2008.

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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
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 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, 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:

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-2008-0047; 
Directorate Identifier 2007-NM-295-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 because of 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 March 21, 2006, we issued AD 2006-05-11 R1, amendment 39-14528 
(71 FR 15323, March 28, 2006), for certain Bombardier Model CL-600-2B19 
(Regional Jet Series 100 & 400) 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. We issued that 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.

Relevant Service Information

    AD 2006-05-11 R1 cited Bombardier Alert Service Bulletin A601R-27-
144, Revision A, dated February 14, 2006, as the appropriate source of 
service information for the functional tests and associated corrective 
actions and reporting requirements. Since we issued that AD, Bombardier 
has revised the service bulletin. Revision B, dated December 20, 2006, 
revises the column check procedures by specifying ambient temperature 
conditions for performing the check. Remaining actions are unchanged.
    Revision B of the service bulletin contains an additional 
requirement. So we must supersede AD 2006-05-11 R1 to require the 
revised procedures specified in Revision B of the service bulletin.

FAA's Determination and Requirements of the Proposed AD

    These airplanes are manufactured in Canada and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to

[[Page 4126]]

this bilateral airworthiness agreement, TCCA has kept the FAA informed 
of the situation described above. We have examined TCCA's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 2006-05-11 R1 and retain its 
requirements, but in accordance with revised procedures for the 
functional tests.

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, 
we might consider further rulemaking.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
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                                                                                                      Number of U.S.-
             Action                Work hours    Average  labor           Cost per  airplane            registered                Fleet cost
                                                 rate  per hour                                          airplanes
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Revise MRM.....................               1             $80  $80................................             684  $54,720.
Functional tests...............               1             $80  $80, per test cycle................             684  $54,720, per test cycle.
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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 proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 39-14528 (71 FR 15323, March 28, 2006) and adding 
the following new airworthiness directive (AD):

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2008-0047; 
Directorate Identifier 2007-NM-295-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by February 
25, 2008.

Affected ADs

    (b) This AD supersedes AD 2006-05-11 R1.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 400) airplanes, certificated in any category, 
serial numbers 7003 through 7990 inclusive, and 8000 and subsequent.

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 pins 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 Requirements of AD 2006-05-11 R1

Revise Airworthiness Limitations (AWL) Section of Maintenance 
Requirements Manual

    (f) For airplanes having serial numbers 7003 through 7990 
inclusive: Within 14 days after February 13, 2004 (the effective 
date of AD 2004-02-07, which was superseded by AD 2006-05-11 R1), 
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 Repetitive Functional Tests and Corrective Actions

    (g) Before the accumulation of 4,000 total flight hours, or 
within 100 flight hours after March 27, 2006 (the effective date of 
AD 2006-05-11 R1), 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,

[[Page 4127]]

including Appendix A, dated September 15, 2005, except as required 
by paragraph (j) of this AD. 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, except as required 
by paragraph (j) of this AD.
    (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 March 27, 2006, 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.

New Requirements of This AD

New Service Bulletin for Functional Tests

    (j) As of the effective date of this AD, Bombardier Alert 
Service Bulletin A601R-27-144, Revision B, dated December 20, 2006, 
including Appendix A, Revision A, dated December 20, 2006, must be 
used for the actions required by paragraphs (g) and (h) of this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
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.

Related Information

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

    Issued in Renton, Washington, on January 14, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-1167 Filed 1-23-08; 8:45 am]
BILLING CODE 4910-13-P