Airworthiness directives: Bombardier,

[Federal Register: August 21, 2007 (Volume 72, Number 161)]

[Rules and Regulations]

[Page 46555-46558]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr21au07-8]

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.

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:

   1. 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

   2. 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

   3. An emergency or abnormal situation occurs that requires landing at the nearest suitable airport; or

      [[Page 46558]]

   4. 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:

   1. 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

   2. 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

   3. 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

   4. 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