[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Proposed Rules]
[Pages 76974-76979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30037]


 ========================================================================
 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. 73, No. 244 / Thursday, December 18, 2008 / 
Proposed Rules  

[[Page 76974]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1318; Directorate Identifier 2008-NM-155-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 January 20, 
2009.

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-171, FAA, New York ACO, 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-2008-1318; 
Directorate Identifier 2008-NM-155-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 January 3, 2008, we issued AD 2008-01-04, Amendment 39-15329 (73 
FR 1964, January 11, 2008), which superseded AD 2007-17-07, Amendment 
39-15165 (72 FR 46555, August 21, 2007). That AD required actions 
intended to address an unsafe condition on the products listed above.
    Since we issued AD 2008-01-04, we received a report that the AD was 
not effective in reducing the number of flap failures on Model CL-600-
2B19 airplanes. Transport Canada Civil Aviation (TCCA), which is the 
aviation authority for Canada, has issued Canadian Airworthiness 
Directive CF-2007-10R1, dated August 18, 2008 (referred to after this 
as ``the MCAI''), to correct an unsafe condition for the specified 
products. The 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 proposed AD would supersede AD 2008-01-04 and would retain the 
requirements of that AD, i.e., revising the airplane flight manual 
(AFM) to incorporate a temporary revision into the AFM, adding 
operational procedures into the AFM, training flight crewmembers and 
operational control/dispatch personnel on the operational procedures, 
and doing corrective maintenance actions.
    This proposed AD would also add corrective maintenance actions that 
include a pressure test of the flexible drive-shaft and corrective 
actions (which include replacing any flexible drive-shaft that 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 installing a serviceable actuator if torque test results 
are not satisfactory).
    This proposed AD would also require revising the AFM to incorporate 
a new temporary revision (TR) into the AFM. The TR adds maximum flaps 
operating speed data and clarifies maximum flaps extended speeds. This 
proposed AD would also modify the Operational Limitations and the 
annual simulator training for ``Flap Zero Landing'' events.
    In addition, this proposed AD also would require certain 
maintenance actions (including checking flap system components and 
repairing or replacing components of the flap system) following a flap 
fail event and installing

[[Page 76975]]

a cockpit placard that specifies new flap operating limitations. This 
proposed AD would also allow installing modified flap actuators, which 
would terminate certain sections of the operational procedures.
    This proposed AD also re-identifies the airplanes affected by 
paragraph (g)(3) of the existing AD. The accumulated time on the 
actuators specified in paragraphs (g)(3)(i) and (g)(3)(ii) of this AD 
has been extended from ``2,000 flight hours'' to ``5,000 flight 
cycles.'' This proposed AD would also require repetitive low 
temperature torque tests of the flap actuators.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier has issued the following service information:
     Service Bulletin 601R-11-090, dated August 15, 2008;
     Service Bulletin 601R-27-150, dated July 12, 2007;
     Service Bulletin 601R-27-151, Revision B, dated June 12, 
2008;
     Canadair Regional Jet TR RJ/165-1, dated August 7, 2008, 
to the Canadair Regional Jet Airplane Flight Manual CSP A-012; and
     Canadair Regional Jet TR 05-035, dated July 13, 2007, to 
the Canadair Regional Jet Aircraft Maintenance Manual; and Section 27-
50-00, Revision 38, dated January 10, 2008, of the Canadair Regional 
Jet Fault Isolation Manual.
    The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

Clarification of Part Number Reference

    In paragraph (g)(3) of AD 2008-01-04, we referred only to the 
vendor part numbers 852D100-19/-21, 853D100-19/-20, and 854D100-19/-20. 
In paragraph (g)(3) of this proposed AD, we have added the 
corresponding Bombardier part numbers 601R93101-19/-21, 601R93103-19/-
20, and 601R93104-19/-20.

Method of Compliance With AD 2006-12-21

    Installing flap actuators in accordance with paragraph (h)(5) of 
the proposed AD is acceptable for compliance with the installation of 
Number 3 and Number 4 flap actuators required by paragraph (h) of AD 
2006-12-21, Amendment 39-14647 (71 FR 34793, June 16, 2006), for that 
actuator only. The remaining requirements of paragraph (h) of AD 2006-
12-21 remain in effect.

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 18 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost a negligible amount per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these costs. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of the proposed AD on U.S. 
operators to be $984,960, or $1,440 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, Incorporation by 
reference, 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 39-15329 (73 FR 
1964, January 11, 2008) and adding the following new AD:

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2008-1318; 
Directorate Identifier 2008-NM-155-AD.

[[Page 76976]]

Comments Due Date

    (a) We must receive comments by January 20, 2009.

Affected ADs

    (b) The proposed AD supersedes AD 2008-01-04, Amendment 39-
15329.

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 supersedes AD 2008-01-04 and retains the requirements of 
that AD, i.e., revising the airplane flight manual (AFM) to 
incorporate a temporary revision into the AFM, adding operational 
procedures into the AFM, training flight crewmembers and operational 
control/dispatch personnel on the operational procedures, and doing 
corrective maintenance actions. This AD also adds corrective 
maintenance actions that include a pressure test of the flexible 
drive-shaft and corrective actions, and a low temperature torque 
test of the flap actuators and corrective actions. This AD also 
requires revising the AFM to incorporate a new temporary revision 
(TR) into the AFM. The TR adds maximum flaps operating speed data 
and clarifies maximum flaps extended speeds. This AD also modifies 
the Operational Limitations and the annual simulator training for 
``Flap Zero Landing'' events. In addition, this AD also requires 
certain maintenance actions following a flap fail event and 
installing a cockpit placard that specifies new flap operating 
limitations. This AD also allows installing modified flap actuators, 
which would terminate certain sections of the operational 
procedures. This AD also requires repetitive low temperature torque 
tests of the flap actuators.

Requirements of AD 2007-17-07, Amendment 39-15165: Actions and 
Compliance

    (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. 
Accomplishing the requirements of paragraph (h)(1) of this AD 
terminates the requirements of this paragraph and the AFM revision 
required by this paragraph may be removed from 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. Accomplishing the 
requirements of paragraph (h)(2) of this AD terminates the 
requirements of this paragraph and the AFM revision required by this 
paragraph may be removed from 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 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 an 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.''

    [/FOL LIT](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. 
Accomplishing the requirements of paragraph (h)(3)(i) of this AD 
terminates the requirements of this paragraph.
    (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

[[Page 76977]]

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.

Requirements of AD 2008-01-04: Actions and Compliance With Revised 
Affected Airplanes for Paragraph (g)(3)

    (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 POI. Thereafter, this training must be done during 
the normal simulator training cycle, at intervals not to exceed 12 
months. Accomplishing the requirements of paragraph (h)(3)(ii) of 
this AD terminates the requirements of this paragraph.
    (2) Within 24 months or 4,000 flight hours after February 15, 
2008 (the effective date of AD 2008-01-04), 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) For airplanes having flap actuators, part numbers (P/Ns), 
852D100-19/-21, 853D100-19/-20, and 854D100-19/-20 (Bombardier P/Ns 
601R93101-19/-21, 601R93103-19/-20, and 601R93104-19/-20), specified 
in paragraphs (g)(3)(i) and (g)(3)(ii) of this AD: Within 24 months 
after February 15, 2008, 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.
    (i) Airplanes having actuators that have not been repaired and 
that have accumulated more than 5,000 flight cycles since new.
    (ii) Airplanes having actuators that have been repaired and that 
have accumulated more than 5,000 flight cycles on the inboard pinion 
shaft seals, P/Ns 853SC177-1/-2.

New Requirements of This AD: Actions and Compliance

    (h) Unless already done, do the following actions.
    (1) Part I. New AFM Change: Within 30 days after the effective 
date of this AD, revise the Canadair Regional Jet Airplane Flight 
Manual (AFM) CSP A-012, by incorporating the information in Canadair 
Regional Jet Temporary Revision (TR) RJ/165-1, dated August 7, 2008, 
into the airplane flight manual. Accomplishing this action 
terminates the requirements of paragraph (f)(1) of this AD and after 
this action has been done, the AFM revision required by paragraph 
(f)(1) of this AD may be removed from the AFM.

    Note 2: The actions required by paragraph (h)(1) of this AD may 
be done by inserting a copy of Canadair Regional Jet TR RJ/165-1, 
dated August 7, 2008, into the Canadair Regional Jet AFM 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. New Operational Procedures: Within 30 days after 
the effective date of this AD, revise the Limitations Section of the 
Canadair Regional Jet AFM CSP A-012, to include the following 
statement. This may be done by inserting a copy of paragraph (h)(2) 
of this AD into the AFM. Accomplishing this action terminates the 
requirements of paragraph (f)(2) of this AD and after this action 
has been done, the AFM revision required by paragraph (f)(2) of this 
AD may be removed from 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 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 an 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 four conditions (a. through d.) exists:
    a. Each installed flap actuator meets one of the following three 
conditions:
    (i) Actuators have less than 5000 flight cycles (FC) since new 
or overhaul and/or the actuators have been verified serviceable in 
accordance with Part C (Low Temperature Torque Test of the Flap 
Actuators) of Bombardier Service Bulletin (SB) 601R-27-150, issued 
July 12, 2007, or
    (ii) Actuators have P/N 601R93101-19/-21 (Vendor P/N 852D100-19/
-21), P/N 601R93103-19/-20 (Vendor P/N 853D100-19/-20), or P/N 
601R93104-19/-20 (Vendor P/N 854D100-19/-20), and have less than 
5000 FC since repair (where it can be shown that the actuator 
inboard pinion seals, Eaton P/Ns 853SC177-1 and -2, were replaced), 
or
    (iii) Actuators have P/N 601R93101-23/-25 (Vendor P/N 852D100-
23/-25) installed at all inboard flap positions, P/N 601R93103-23/-
24 (Vendor P/N 853D100-23/-24) installed at outboard flap No.3 
position, and P/N 601R93104-23/-24 (Vendor P/N 854D100-23/-24) 
installed at outboard flap No.4 position.
    b. Pre-dispatch forecast ground temperature at the time of 
arrival at destination airport is above -25 deg C, utilizing a 
reliable weather forecast service acceptable to the principal 
operations inspector (POI).
    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.
    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.



[[Page 76978]]


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

4. Dispatch Following a Flap Failed Event

    If normal flap system operation can be restored after an on-
ground system reset, continued revenue operation of that airplane is 
permitted, provided conditions a., and b., and c. or d., below are 
satisfied:
    a. Prior to dispatch following an on-ground circuit breaker 
reset, the flaps must be operated for five full extension/retraction 
cycles by the flight crew with no subsequent failures.
    b. Prior to dispatch following an on-ground circuit breaker 
reset, the thrust reversers, ground spoilers and brake system are 
verified operational prior to each flight.
    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.
    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 4.d. above must 
be satisfied.


    Note 2: When conducting No Alternate IFR (NAIFR) operations, 
condition 4.c. above must be satisfied.''

    (3) Part III. New Training: Do the requirements specified in 
paragraphs (h)(3)(i) and (h)(3)(ii) of this AD.
    (i) 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 (h)(2) of this AD. Accomplishing this action 
terminates the requirements specified in paragraph (f)(3) of this 
AD.
    (ii) As of September 30, 2009, 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. Accomplishing this 
action terminates the requirements specified in paragraph (g)(1) of 
this AD.
    (4) Part IV. New Maintenance Action: For airplanes on which the 
low temperature torque test of the flap actuators is required by 
paragraph (g)(3) of this AD: Within 12 months after doing the low 
temperature torque test specified in paragraph (g)(3) of this AD, do 
a low temperature torque test of the flap actuators, and do all 
applicable corrective 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. For airplanes identified in paragraphs 
(h)(4)(i) and (h)(4)(ii) of this AD, repeat the low temperature 
torque test thereafter at intervals not to exceed 12 months.
    (i) Airplanes having actuators that have not been repaired and 
that have accumulated more than 5,000 flight cycles since new.
    (ii) Airplanes having actuators that have been repaired and that 
have accumulated more than 5,000 flight cycles on the inboard pinion 
shaft seals, P/Ns 853SC177-1/-2.
    (5) Part IV. New Optional Maintenance Action: Installation of 
actuators having P/N 601R93101-23/-25 (Vendor P/N 852D100-23/-25), 
P/N 601R93103-23/-24 (Vendor P/N 853D100-23/-24), and P/N 601R93104-
23/-24 (Vendor P/N 854D100-23/-24) in accordance with Bombardier 
Service Bulletin 601R-27-151, Revision B, dated June 12, 2008, 
terminates the requirements of paragraph ``3. Flap Zero Landing,'' 
of the statement required by paragraph (h)(2) of this AD. After 
doing the installation specified in this paragraph, paragraph ``3. 
Flap Zero Landing,'' specified in paragraph (h)(2) of this AD, may 
be removed from the limitations section of the AFM.
    (6) Part V. Dispatch following a flap fail event: For airplanes 
on which a flap fail message occurs, prior to further flight, do all 
applicable maintenance actions in accordance with Section 27-50-00 
of the Bombardier CRJ100/200/440 Fault Isolation Manual (FIM) CSP A-
009, Revision 38, dated January 10, 2008; except if maintenance 
actions cannot be done and normal flap system operation can be 
restored after an on-ground circuit breaker reset operation, then 
continued revenue operation is permitted without further maintenance 
action for up to 10 flight cycles, subject to the operating 
limitations specified by the procedure titled ``4. Dispatch 
Following a Flap Failed Event,'' specified in paragraph (h)(2) of 
this AD; except as provided by paragraphs (h)(6)(i) and (h)(6)(ii) 
of this AD. The circuit breaker reset operation can be performed by 
the flightcrew when authorized by the operator's maintenance control 
organization.
    (i) Within 10 flight cycles following the initial on-ground 
circuit breaker reset operation, do the maintenance actions 
specified in paragraph (h)(6) of this AD.
    (ii) If another flap fail event occurs any time after the 
initial circuit breaker reset operation, do the maintenance actions 
specified in paragraph (h)(6) of this AD before further flight.
    (7) Part V. Operators are required to report all fault data, 
including flaps electronic control unit (FECU) codes, to Bombardier 
within 30 days after each failure occurrence, or 30 days after the 
effective date of this AD, in accordance with Task 05-51-50-980-801 
as introduced in the Canadair Regional Jet TR 05-035, dated July 13, 
2007, to the Canadair Regional Jet Aircraft Maintenance Manual 
(AMM).
    (8) Part VI. Cockpit Placard: Within 120 days after the 
effective date of this AD, install a flight compartment placard in 
accordance with Bombardier Service Bulletin 601R-11-090, dated 
August 15, 2008.

Method of Compliance With AD 2006-12-21

    (i) Installing flap actuators in accordance with paragraph 
(h)(5) of this AD is acceptable for compliance with the installation 
of Number 3 and Number 4 flap actuators required by paragraph (h) of 
AD 2006-12-21, Amendment 39-14647. All other requirements of 
paragraph (h) of AD 2006-12-21 are still applicable and must be 
complied with.

FAA AD Differences

    Note 3: 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 new training within 1 year, this AD 
requires accomplishing the training before September 30, 2009, in 
order to ensure that the actions are completed prior to the onset of 
cold weather operations.
    (3) For the Flaps Zero Landing Requirements of Part II 3.a (i), 
the MCAI refers to actuators with less than 5,000 flight cycles. We 
have clarified sub-paragraph 3.a.(i) of paragraph ``3. Flap Zero 
Landing,'' of the statement specified in paragraph (h)(2) of this AD 
that the 5,000 flight cycles is since new or overhauled.
    (4) For the Flaps Zero Landing requirements of Part II.3 c., the 
MCAI requires a pre-dispatch forecast ground temperature at the time 
of arrival at the destination airport to be above -25 deg C. This AD 
clarifies sub-paragraph 3.b. of paragraph ``3. Flap Zero Landing,'' 
of the statement specified in paragraph (h)(2) of this AD that the 
source of the forecast is to be a reliable weather forecast service 
acceptable to the principal operations inspector.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1)(i) Alternative Methods of Compliance (AMOCs): The Manager, 
New York Aircraft Certification Office (ACO), 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-171, FAA, 
New York ACO, 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.
    (ii) AMOCs approved previously in accordance with AD 2008-01-04 
are

[[Page 76979]]

approved as AMOCs for the corresponding provisions of this AD.
    (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

    (k) Refer to MCAI Canadian Airworthiness Directive CF-2007-10R1, 
dated August 18, 2008, and the service information identified in 
Table 1 of this AD for related information.

                  Table 1--Related Service Information
------------------------------------------------------------------------
       Service information           Revision level           Date
------------------------------------------------------------------------
Bombardier Service Bulletin 601R-  Original..........  July 12, 2007.
 27-150.
Bombardier Service Bulletin 601R-  B.................  June 12, 2008.
 27-151.
Bombardier Service Bulletin 601R-  Original..........  August 15, 2008.
 11-090.
Canadair Regional Jet TR RJ/165    Original..........  July 6, 2007.
 to the Canadair Regional Jet AFM
 CSP A-012.
Canadair Regional Jet TR RJ/165-1  Original..........  August 7, 2008.
 to the Canadair Regional Jet AFM
 CSP A-012.
Canadair Regional Jet TR 05-035    Original..........  July 13, 2007.
 to the Canadair Regional Jet AMM.
Section 27-50-00 of the Canadair   38................  January 10, 2008.
 Regional Jet CRJ100/200/440 FIM.
------------------------------------------------------------------------


    Issued in Renton, Washington, on December 11, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-30037 Filed 12-17-08; 8:45 am]
BILLING CODE 4910-13-P