Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes, 1964-1968 [E8-249]
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1964
Federal Register / Vol. 73, No. 8 / Friday, January 11, 2008 / Rules and Regulations
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(2) SBA award certificates and
medals;
(3) SBA awards for career service;
(4) Security credentials and employee
identification cards;
(5) Business cards for SBA employees;
(6) Official SBA signs;
(7) Plaques; the design of the SBA seal
may be incorporated in plaques for
display in Agency auditoriums,
presentation rooms, lobbies, offices and
on buildings occupied by SBA;
(8) The SBA flag;
(9) Officially authorized reports or
publications of the SBA; or
(10) For such other purposes as
determined necessary by the
Administrator.
(d) Unauthorized use. The official seal
shall not be used, except as authorized
by the Administrator, in connection
with:
(1) Contractor operated facilities;
(2) Souvenir or novelty items;
(3) Toys or commercial gifts or
premiums;
(4) Letterhead design, except on
official SBA stationery;
(5) Clothing or equipment; or
(6) Any article which may disparage
the seal or reflect unfavorably upon
SBA.
(e) SBA’s seal will not be used in any
manner which implies SBA
endorsement of commercial products or
services or of the user’s policies or
activities.
(f) Reproduction of Official Seal.
Requests for permission to reproduce
the SBA seal in circumstances other
than those listed in paragraph (c) of this
section must be made in writing to the
Administrator. The decision whether to
grant permission will be made in
writing on a case-by-case basis, in
consultation with the General Counsel,
with consideration of any relevant
factors which may include the benefit or
cost to the Agency of granting the
request; the unintended appearance of
endorsement or authentication by SBA;
the potential for misuse; the reputability
of the use; the extent of control by SBA
over the use; and the extent of control
by SBA over distribution of any
products or publications bearing the
SBA seal.
(g) Penalties for Unauthorized Use.
Fraudulent or wrongful use of SBA’s
seal can lead to criminal penalties under
18 U.S.C. 506 or 18 U.S.C. 1017.
Dated: January 4, 2008.
Steven C. Preston,
Administrator.
[FR Doc. E8–338 Filed 1–10–08; 8:45 am]
BILLING CODE 8025–01–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0047; Directorate
Identifier 2007–NM–197–AD; Amendment
39–15329; AD 2008–01–04]
RIN 2120–AA64
Airworthiness Directives; Bombardier
Model CL–600–2B19 (Regional Jet
Series 100 & 440) Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: We are superseding an
existing 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. * * *
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
February 15, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of September 5, 2007 (72 FR 46555,
August 21, 2007).
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
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
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
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apply to the specified products. That
NPRM was published in the Federal
Register on October 17, 2007 (72 FR
58763) and proposed to supersede AD
2007–17–07, Amendment 39–15165 (72
FR 46555, August 21, 2007). That NPRM
proposed to correct an unsafe condition
for the specified products.
That NPRM proposed to retain the
requirements of AD 2007–17–07, i.e.,
revising the airplane flight manual
(AFM) to incorporate Canadair Regional
Jet Temporary Revision (TR) RJ/165,
dated July 6, 2007, 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.’’
That NPRM also proposed to 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. You may obtain
further information by examining the
MCAI in the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request To Exclude Certain Parts From
Inspection
Comair requests that we exclude from
the proposed actions actuators with less
than 2,000 flight hours since new or
since repair as of July 12, 2007 (the
issue date of Bombardier Service
Bulletin 601R–27–150). Comair states
that those actuators would not require
the inspections of Part C of the
Accomplishment Instructions of the
service bulletin. Comair suggests that
paragraph ‘‘(f)(3)’’ of the NPRM contain
a statement qualifying under what
conditions flap actuators must comply
with Part C of the service bulletin by
stating that new actuators, and those
recently repaired where it can be shown
that the inboard pinion shaft seals, part
numbers (P/Ns) 853SC177–1/–2, were
replaced, should be exempt from Part C
(low temperature torque check test).
We infer that Comair meant to refer to
paragraph (g)(3) of the NPRM. We
referred to Bombardier Service Bulletin
601R–27–150 as the appropriate source
of service information for accomplishing
the actions specified in paragraph (g)(3)
of the NPRM. Paragraph (g)(3) of the
NPRM proposes to require doing actions
in accordance with Part C of the service
bulletin. We agree that the actions
specified in paragraph (g)(3) of this AD
apply only to certain actuators as
specified in paragraph 1.D.,
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‘‘Compliance,’’ of the service bulletin.
The actions in paragraph (g)(3) of this
AD do not apply to new actuators with
2,000 or fewer flight hours and repaired
actuators that have 2,000 or fewer flight
hours since the pinion seals were
changed. We have coordinated with
TCCA, and we have revised paragraph
(g)(3) of this AD to clarify which
airplanes are subject to that paragraph.
Request To Remove Requirement
Specified in Paragraph (g)(3) of the
NPRM
Mesaba Airlines requests that we
remove the requirement proposed in
paragraph (g)(3) of the NPRM to do a
low temperature torque test of the flap
actuators and all applicable corrective
actions. Mesaba Airlines states that
Bombardier and the flap actuator
manufacturer (Eaton) are very close to
certifying a new seal for the flap
actuator. Mesaba Airlines explains that
this new seal is intended to fix the
internal fluid leakage issue in the
actuator that could result in an actuator
problem (and result in the actuator
failing the low temperature torque test).
Mesaba Airlines notes that once the
modified flap actuator is certified, a
fleet retrofit with the modified actuator
would result in a more robust fix for the
actuator issue.
Mesaba Airlines further states that
there is no guarantee currently that an
actuator installed to replace an actuator
that fails the low temperature torque test
would not have the same issue shortly
after installation (negating the benefit of
performing the test). Mesaba Airlines
concludes that the flight operations
requirements instituted under AD 2007–
17–07 provide an acceptable margin of
safety until the modified actuator
becomes available for retrofit.
We disagree with the request to
remove the requirement specified in
paragraph (g)(3) of this AD. Bombardier
and TCCA are discussing possible
terminating action for Part C (low
temperature torque test) of Bombardier
Service Bulletin 601R–27–150.
Although it has been proposed that the
replacement of the current actuators
with actuators incorporating the new
inboard seal should be terminating
action for the actuator cold soak
requirement specified in Part C of the
service bulletin, this has not yet been
agreed to. Additionally, the new seal is
still undergoing endurance testing at
Eaton and is not yet approved.
Once this new seal is developed,
approved, and available, we might
consider additional rulemaking. The
actions specified in paragraph (g)(3) of
this AD are intended to mitigate the
potential of flap failures utilizing the
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solutions that are currently available.
We have not revised this AD in this
regard. However, according to the
provisions of paragraph (h)(1) of the AD,
operators may request an alternative
method of compliance if the request
includes data that prove that the new
action would provide an acceptable
level of safety.
In regard to Mesaba Airlines’
statement that there is no guarantee that
a replacement actuator installed to
replace an actuator failing the low
temperature torque test would not have
the same issue shortly after installation,
we acknowledge that there is no
guarantee that a replacement unit will
not fail. However, replacing a known
contaminated unit with a new unit, as
required by paragraph (g)(3) of this AD,
adequately addresses the identified
unsafe condition. The actions in
paragraph (g)(3) mitigate the risk of a
failure as time in service increases.
As stated earlier, we have revised
paragraph (g)(3) of this AD to clarify that
the actions apply only to certain
actuators with more than 2,000 flight
hours since new or actuators that have
accumulated more than 2,000 flight
hours since the pinion shaft seals were
replaced. Bombardier has determined
that the effects of oil contamination
typically do not manifest until the
actuators have accumulated over 6,000
flight hours, depending on aircraft
utilization. The 24-month compliance
time specified in paragraph (g)(3) of this
AD is necessary to ensure that actuators
that are in the range of 6,000 flight
hours are inspected. We have not
revised this AD in this regard.
Request To Allow Another Method of
Compliance With Part C of the Service
Bulletin
Comair also requests that we allow
the replacement of the inboard pinion
shaft seals, P/Ns 853SC177–1/–2, as a
method of compliance with Part C of the
service bulletin. Comair notes that it has
had and will have many actuators
removed in accordance with
Maintenance Requirement Manual,
Certification Maintenance Requirements
(CMR) Task C27–50–111–10, Functional
Check of the Inboard Flap Actuator
Torque Limiter. Comair states that
actuators removed to comply with this
CMR task should not also be subject to
Part C of the service bulletin because the
CMR task is an example of an event
when the pinion seals must be replaced.
We agree with the commenter that
replacement actuators with inboard
pinion shaft seals, P/Ns 853SC177–1/–2,
are not subject to the actions in Part C
of the service bulletin. As specified in
paragraph 1.D., ‘‘Compliance,’’ of the
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service bulletin, Part C only applies to
certain actuators with more than 2,000
flight hours since new or since repair
where it can be shown that the inboard
pinion shaft seals P/Ns 853SC177–1/–2
were replaced. As stated previously, we
have revised paragraph (g)(3) of this AD
to clarify the actuators subject to the
actions in that paragraph. If a repair was
done and the inboard pinion shaft seals
were replaced, the actuator would not
be subject to Part C of the service
bulletin unless the part had over 2,000
flight hours since the seal replacement.
Request To Allow Previous Alternative
Methods of Compliance (AMOCs)
Comair also requests that we add to
the AMOC paragraph of this AD a
statement that AMOCs approved
previously according to AD 2007–17–07
are approved as AMOCs for the
corresponding provisions of this AD.
We agree that AMOCs approved
previously in accordance with AD
2007–17–07 are acceptable for
compliance with the corresponding
provisions of this AD. We have revised
paragraph (h)(1) of this AD accordingly.
Request To Remove Requirements
Larry Nelson, a private citizen, states
that the training requirements in AD
2007–17–07 and paragraphs (f)(3) and
(g)(1) of the NPRM do not meet the
requirements of sections 39.3 and 39.5
of the Federal Aviation Regulations (14
CFR 39.3 and 14 CFR 39.5). The
commenter notes that section 14 CFR
39.3 states that rules ‘‘* * * apply to
the following products: Aircraft, aircraft
engines, propellers, and appliances.’’
The commenter concludes that the
training specified in the NPRM has
nothing to do with the aircraft.
The commenter adds that paragraphs
(a) and (b) of section 14 CFR 39.5 state,
‘‘An unsafe condition exists in the
product;’’ and ‘‘the condition is likely to
exist or develop in other products of the
same type design.’’ The commenter
states that the perceived unsafe
condition, although part of the aircraft,
actually applies to the specific parts
mentioned in paragraphs (f)(1), (g)(2),
and (g)(3) of the NPRM (flap flex shafts
and flap actuators).
We infer that the commenter requests
we remove the requirements for training
and for doing any actions related to
parts (and not the airplane itself) from
the NPRM. We disagree. Section 14 CFR
39.11 describes the types of actions that
ADs can require, including ‘‘conditions
and limitations you must comply with.’’
In section 14 CFR 39.11, we intended to
retain broad authority to require
whatever types of corrective actions are
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determined to be most effective in
addressing identified unsafe conditions.
In this AD, we have found that one of
the factors contributing to the identified
unsafe condition is lack of training in
operating an airplane when flap failure
occurs in-flight (such as in freezing
conditions). Due to the unsafe
condition, we determined that these
training requirements, in conjunction
with the other requirements of this AD,
are necessary to safely operate the
airplane; and you must comply with
them if you are an operator.
As for the commenter’s statement that
the unsafe condition only applies to the
part and not the airplane itself, we do
not agree. We routinely issue ADs
against the product that has a part
installed that we have found to be
unsafe. The AD applies to the product,
and not the parts themselves, because
parts that are not installed on operated
products do not create an unsafe
condition. As stated above, we
determined that inadequate training and
operating limitations also contributed to
the unsafe condition of this AD. We
have not revised the AD in this regard.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We determined that these changes will
not increase the economic burden on
any operator or increase the scope of the
AD.
Request for Clarification of Compliance
Larry Nelson also requests
clarification on how to provide
compliance documentation for the
operations/dispatch and flight
crewmembers’ training specified in
paragraph (f)(3) of this AD. The
commenter states that section 39.11 of
the Federal Aviation Regulations (14
CFR 39.11) specifies, ‘‘Airworthiness
directives specify inspections you must
carry out, conditions and limitations
you must comply with, and any actions
you must take to resolve an unsafe
condition.’’ The commenter states that
this requirement would be met until one
or more parts are changed. The
commenter notes that since this NPRM
is written against the airplane and does
not include the specific parts addressed
in the AD, NPRM, and service bulletin,
it would therefore be difficult to
manage.
We find that clarification is necessary.
As stated in paragraph (f)(3) of this AD,
the training on the information in
paragraph (f)(2) of this AD must be
approved by the Principal Operations
Inspector (POI). The method for
documenting compliance should be
included in the training approved by the
POI. However, the method in which
operators implement training in their
operations and the method in which
operators document compliance may
vary greatly. Therefore, we have not
included that information in this AD.
We have not revised this AD in this
regard.
Costs of Compliance
We estimate that this AD will affect
684 products of U.S. registry. We also
estimate that it will take about 27 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $80 per work-hour.
Based on these figures, we estimate the
cost of this AD to the U.S. operators to
be $1,477,440, or $2,160 per product.
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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 required different
actions in this AD from those in the
MCAI in order to follow our FAA
policies. Any such differences are
highlighted in a NOTE within the AD.
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
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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.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Amendment 39–15165 (72 FR
46555, August 21, 2007) and adding the
following new AD:
I
2008–01–04 Bombardier, Inc. (Formerly
Canadair): Amendment 39–15329.
Docket No. FAA–2007–0047; Directorate
Identifier 2007–NM–197–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective February 15, 2008.
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Affected ADs
(b) This 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. * * *
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*
*
*
*
*
This AD retains the requirements of AD
2007–17–07, 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.’’ 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 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
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.
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(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 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
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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 °C or warmer.
If the SAT in flight is colder than ¥60 °C,
descent to warmer air shall be initiated
within 10 minutes, or
c. The Landing Distance Available on a
useable runway at the destination airport is
at least equal to the actual landing distance
required for flaps zero. This distance shall be
based on Bombardier performance data, and
shall take into account forecast weather and
anticipated runway conditions, or
d. The Landing Distance Available on a
useable runway at the filed alternate airport,
or other suitable airport is at least equal to
the actual landing distance for flaps zero.
This distance shall be based on Bombardier
performance data, and shall take into account
forecast weather and anticipated runway
conditions.
Note 1: If the forecast destination weather
is less than 200 feet above DH or MDA, or
less than 1 mile (1500 meters) above the
authorized landing visibility (or equivalent
RVR), as applied to the usable runway at the
destination airport, condition 3.a., 3.b., or
3.d. above must be satisfied.
Note 2: When conducting No Alternate IFR
(NAIFR) operations, condition 3.a., 3.b., or
3.c. above must be satisfied.’’
(3) Part III. Training: As of 30 days after
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
E:\FR\FM\11JAR1.SGM
11JAR1
1968
Federal Register / Vol. 73, No. 8 / Friday, January 11, 2008 / Rules and Regulations
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 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) For airplanes having flap actuators, part
numbers (P/Ns) 852D100–19/–21, 853D100–
19/–20, and 854D100–19/–20, specified in
paragraphs (g)(3)(i) and (g)(3)(ii) of this AD:
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.
(i) Airplanes having actuators that have not
been repaired and that have accumulated
more than 2,000 flight hours since new.
(ii) Airplanes having actuators that have
been repaired and that have accumulated
more than 2,000 flight hours on the inboard
pinion shaft seals, P/Ns 853SC177–1/–2.
ebenthall on PRODPC61 with RULES
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.
(3) The MCAI does not specify which
actuators are applicable to the actions
specified in ‘‘Part C’’ of Bombardier Service
VerDate Aug<31>2005
14:32 Jan 10, 2008
Jkt 214001
Bulletin 601R–27–150, dated July 12, 2007.
This AD requires that ‘‘Part C’’ of the service
bulletin only be done for the actuators
specified in paragraph (g)(3) of this AD.
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 (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–172, 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. AMOCs
approved previously in accordance with AD
2007–17–07 are 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 FAAapproved 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.
Material Incorporated by Reference
(j) 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
previously approved the incorporation by
reference of 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 on September 5,
2007 (72 FR 46555, August 21, 2007).
(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.
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
(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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on January
3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–249 Filed 1–10–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0374; Directorate
Identifier 2007–SW–02–AD; Amendment 39–
15313; AD 2007–26–11]
RIN 2120–AA64
Airworthiness Directives;
Intertechnique Zodiac Aircraft
Systems, Oxygen Reserve Cylinders
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
oxygen reserve cylinders. This AD
results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country with which we have a
bilateral agreement to identify and
correct an unsafe condition on an
aviation product. The MCAI describes
the unsafe condition as:
This Airworthiness Directive (AD) is
issued following information concerning the
risk of high-pressure oxygen cylinder tearing
with sudden emptying. These cylinders are
used for missions at high altitudes or to
ensure respiratory air for passengers feeling
sick.
It has been demonstrated that the material
characteristics of the Aluminum Alloy 5283
(AA5283) from which the cylinders are
manufactured deteriorate in the course of
time and may possibly lead these oxygen
cylinders to tear and abruptly vent aboard an
aircraft.
This unsafe condition requires
immediate action due to the risk of
oxygen cylinders exploding on board an
aircraft and creating a fire hazard. This
AD requires actions that are intended to
address this unsafe condition.
E:\FR\FM\11JAR1.SGM
11JAR1
]]>Agencies
[Federal Register Volume 73, Number 8 (Friday, January 11, 2008)]
[Rules and Regulations]
[Pages 1964-1968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-249]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0047; Directorate Identifier 2007-NM-197-AD;
Amendment 39-15329; AD 2008-01-04]
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.
-----------------------------------------------------------------------
SUMMARY: We are superseding an existing 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. * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective February 15, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 5,
2007 (72 FR 46555, August 21, 2007).
ADDRESSES: You may examine the AD docket on the Internet at https://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
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
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 17, 2007 (72
FR 58763) and proposed to supersede AD 2007-17-07, Amendment 39-15165
(72 FR 46555, August 21, 2007). That NPRM proposed to correct an unsafe
condition for the specified products.
That NPRM proposed to retain the requirements of AD 2007-17-07,
i.e., revising the airplane flight manual (AFM) to incorporate Canadair
Regional Jet Temporary Revision (TR) RJ/165, dated July 6, 2007, 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.''
That NPRM also proposed to 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. You may obtain
further information by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Exclude Certain Parts From Inspection
Comair requests that we exclude from the proposed actions actuators
with less than 2,000 flight hours since new or since repair as of July
12, 2007 (the issue date of Bombardier Service Bulletin 601R-27-150).
Comair states that those actuators would not require the inspections of
Part C of the Accomplishment Instructions of the service bulletin.
Comair suggests that paragraph ``(f)(3)'' of the NPRM contain a
statement qualifying under what conditions flap actuators must comply
with Part C of the service bulletin by stating that new actuators, and
those recently repaired where it can be shown that the inboard pinion
shaft seals, part numbers (P/Ns) 853SC177-1/-2, were replaced, should
be exempt from Part C (low temperature torque check test).
We infer that Comair meant to refer to paragraph (g)(3) of the
NPRM. We referred to Bombardier Service Bulletin 601R-27-150 as the
appropriate source of service information for accomplishing the actions
specified in paragraph (g)(3) of the NPRM. Paragraph (g)(3) of the NPRM
proposes to require doing actions in accordance with Part C of the
service bulletin. We agree that the actions specified in paragraph
(g)(3) of this AD apply only to certain actuators as specified in
paragraph 1.D.,
[[Page 1965]]
``Compliance,'' of the service bulletin. The actions in paragraph
(g)(3) of this AD do not apply to new actuators with 2,000 or fewer
flight hours and repaired actuators that have 2,000 or fewer flight
hours since the pinion seals were changed. We have coordinated with
TCCA, and we have revised paragraph (g)(3) of this AD to clarify which
airplanes are subject to that paragraph.
Request To Remove Requirement Specified in Paragraph (g)(3) of the NPRM
Mesaba Airlines requests that we remove the requirement proposed in
paragraph (g)(3) of the NPRM to do a low temperature torque test of the
flap actuators and all applicable corrective actions. Mesaba Airlines
states that Bombardier and the flap actuator manufacturer (Eaton) are
very close to certifying a new seal for the flap actuator. Mesaba
Airlines explains that this new seal is intended to fix the internal
fluid leakage issue in the actuator that could result in an actuator
problem (and result in the actuator failing the low temperature torque
test). Mesaba Airlines notes that once the modified flap actuator is
certified, a fleet retrofit with the modified actuator would result in
a more robust fix for the actuator issue.
Mesaba Airlines further states that there is no guarantee currently
that an actuator installed to replace an actuator that fails the low
temperature torque test would not have the same issue shortly after
installation (negating the benefit of performing the test). Mesaba
Airlines concludes that the flight operations requirements instituted
under AD 2007-17-07 provide an acceptable margin of safety until the
modified actuator becomes available for retrofit.
We disagree with the request to remove the requirement specified in
paragraph (g)(3) of this AD. Bombardier and TCCA are discussing
possible terminating action for Part C (low temperature torque test) of
Bombardier Service Bulletin 601R-27-150. Although it has been proposed
that the replacement of the current actuators with actuators
incorporating the new inboard seal should be terminating action for the
actuator cold soak requirement specified in Part C of the service
bulletin, this has not yet been agreed to. Additionally, the new seal
is still undergoing endurance testing at Eaton and is not yet approved.
Once this new seal is developed, approved, and available, we might
consider additional rulemaking. The actions specified in paragraph
(g)(3) of this AD are intended to mitigate the potential of flap
failures utilizing the solutions that are currently available. We have
not revised this AD in this regard. However, according to the
provisions of paragraph (h)(1) of the AD, operators may request an
alternative method of compliance if the request includes data that
prove that the new action would provide an acceptable level of safety.
In regard to Mesaba Airlines' statement that there is no guarantee
that a replacement actuator installed to replace an actuator failing
the low temperature torque test would not have the same issue shortly
after installation, we acknowledge that there is no guarantee that a
replacement unit will not fail. However, replacing a known contaminated
unit with a new unit, as required by paragraph (g)(3) of this AD,
adequately addresses the identified unsafe condition. The actions in
paragraph (g)(3) mitigate the risk of a failure as time in service
increases.
As stated earlier, we have revised paragraph (g)(3) of this AD to
clarify that the actions apply only to certain actuators with more than
2,000 flight hours since new or actuators that have accumulated more
than 2,000 flight hours since the pinion shaft seals were replaced.
Bombardier has determined that the effects of oil contamination
typically do not manifest until the actuators have accumulated over
6,000 flight hours, depending on aircraft utilization. The 24-month
compliance time specified in paragraph (g)(3) of this AD is necessary
to ensure that actuators that are in the range of 6,000 flight hours
are inspected. We have not revised this AD in this regard.
Request To Allow Another Method of Compliance With Part C of the
Service Bulletin
Comair also requests that we allow the replacement of the inboard
pinion shaft seals, P/Ns 853SC177-1/-2, as a method of compliance with
Part C of the service bulletin. Comair notes that it has had and will
have many actuators removed in accordance with Maintenance Requirement
Manual, Certification Maintenance Requirements (CMR) Task C27-50-111-
10, Functional Check of the Inboard Flap Actuator Torque Limiter.
Comair states that actuators removed to comply with this CMR task
should not also be subject to Part C of the service bulletin because
the CMR task is an example of an event when the pinion seals must be
replaced.
We agree with the commenter that replacement actuators with inboard
pinion shaft seals, P/Ns 853SC177-1/-2, are not subject to the actions
in Part C of the service bulletin. As specified in paragraph 1.D.,
``Compliance,'' of the service bulletin, Part C only applies to certain
actuators with more than 2,000 flight hours since new or since repair
where it can be shown that the inboard pinion shaft seals P/Ns
853SC177-1/-2 were replaced. As stated previously, we have revised
paragraph (g)(3) of this AD to clarify the actuators subject to the
actions in that paragraph. If a repair was done and the inboard pinion
shaft seals were replaced, the actuator would not be subject to Part C
of the service bulletin unless the part had over 2,000 flight hours
since the seal replacement.
Request To Allow Previous Alternative Methods of Compliance (AMOCs)
Comair also requests that we add to the AMOC paragraph of this AD a
statement that AMOCs approved previously according to AD 2007-17-07 are
approved as AMOCs for the corresponding provisions of this AD.
We agree that AMOCs approved previously in accordance with AD 2007-
17-07 are acceptable for compliance with the corresponding provisions
of this AD. We have revised paragraph (h)(1) of this AD accordingly.
Request To Remove Requirements
Larry Nelson, a private citizen, states that the training
requirements in AD 2007-17-07 and paragraphs (f)(3) and (g)(1) of the
NPRM do not meet the requirements of sections 39.3 and 39.5 of the
Federal Aviation Regulations (14 CFR 39.3 and 14 CFR 39.5). The
commenter notes that section 14 CFR 39.3 states that rules ``* * *
apply to the following products: Aircraft, aircraft engines,
propellers, and appliances.'' The commenter concludes that the training
specified in the NPRM has nothing to do with the aircraft.
The commenter adds that paragraphs (a) and (b) of section 14 CFR
39.5 state, ``An unsafe condition exists in the product;'' and ``the
condition is likely to exist or develop in other products of the same
type design.'' The commenter states that the perceived unsafe
condition, although part of the aircraft, actually applies to the
specific parts mentioned in paragraphs (f)(1), (g)(2), and (g)(3) of
the NPRM (flap flex shafts and flap actuators).
We infer that the commenter requests we remove the requirements for
training and for doing any actions related to parts (and not the
airplane itself) from the NPRM. We disagree. Section 14 CFR 39.11
describes the types of actions that ADs can require, including
``conditions and limitations you must comply with.'' In section 14 CFR
39.11, we intended to retain broad authority to require whatever types
of corrective actions are
[[Page 1966]]
determined to be most effective in addressing identified unsafe
conditions.
In this AD, we have found that one of the factors contributing to
the identified unsafe condition is lack of training in operating an
airplane when flap failure occurs in-flight (such as in freezing
conditions). Due to the unsafe condition, we determined that these
training requirements, in conjunction with the other requirements of
this AD, are necessary to safely operate the airplane; and you must
comply with them if you are an operator.
As for the commenter's statement that the unsafe condition only
applies to the part and not the airplane itself, we do not agree. We
routinely issue ADs against the product that has a part installed that
we have found to be unsafe. The AD applies to the product, and not the
parts themselves, because parts that are not installed on operated
products do not create an unsafe condition. As stated above, we
determined that inadequate training and operating limitations also
contributed to the unsafe condition of this AD. We have not revised the
AD in this regard.
Request for Clarification of Compliance
Larry Nelson also requests clarification on how to provide
compliance documentation for the operations/dispatch and flight
crewmembers' training specified in paragraph (f)(3) of this AD. The
commenter states that section 39.11 of the Federal Aviation Regulations
(14 CFR 39.11) specifies, ``Airworthiness directives specify
inspections you must carry out, conditions and limitations you must
comply with, and any actions you must take to resolve an unsafe
condition.'' The commenter states that this requirement would be met
until one or more parts are changed. The commenter notes that since
this NPRM is written against the airplane and does not include the
specific parts addressed in the AD, NPRM, and service bulletin, it
would therefore be difficult to manage.
We find that clarification is necessary. As stated in paragraph
(f)(3) of this AD, the training on the information in paragraph (f)(2)
of this AD must be approved by the Principal Operations Inspector
(POI). The method for documenting compliance should be included in the
training approved by the POI. However, the method in which operators
implement training in their operations and the method in which
operators document compliance may vary greatly. Therefore, we have not
included that information in this AD. We have not revised this AD in
this regard.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 684 products of U.S. registry.
We also estimate that it will take about 27 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Based on these figures, we estimate the cost of
this AD to the 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 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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
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 the NPRM, 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.
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 removing Amendment 39-15165 (72 FR
46555, August 21, 2007) and adding the following new AD:
2008-01-04 Bombardier, Inc. (Formerly Canadair): Amendment 39-15329.
Docket No. FAA-2007-0047; Directorate Identifier 2007-NM-197-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective February
15, 2008.
[[Page 1967]]
Affected ADs
(b) This 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 retains the requirements of AD 2007-17-07, 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.'' 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 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
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 usable runway, served by an instrument
approach if operating under Instrument Flight Rules (IFR), and the
airport is equipped as per the applicable regulations and standards
for marking and lighting. The existing and forecast weather for this
airport shall be at or above landing minima for the approach in use.
2. Flap Failure After Takeoff
When a takeoff alternate is filed, terrain and weather must
allow a minimum flight altitude not exceeding 15,000 feet along the
diversion route to that alternate, or other suitable airport. The
fuel at departure shall be sufficient to divert to the takeoff
alternate or other suitable airport with the flaps extended to the
takeoff position, conduct and approach and land with 1000 lb (454
kg) of fuel remaining.
Note: The fuel burn factor (as per AFM TR/165) shall be applied
to the normal fuel consumption for calculation of the flaps
extended, climb, diversion and approach fuel consumption.
3. Flap Zero Landing
Operations where all useable runways at the destination and
alternate airports are forecast to be wet or contaminated (as
defined in the AFM) are prohibited during the cold weather season
(December to March inclusive in the northern hemisphere) unless one
of the following conditions exists:
a. The flap actuators have been verified serviceable in
accordance with Part C (Low Temperature Torque Test of the Flap
Actuators) of SB 601R-27-150, July 12, 2007, or
b. The flight is conducted at a cruise altitude where the SAT is
-60 [deg]C or warmer. If the SAT in flight is colder than -60
[deg]C, descent to warmer air shall be initiated within 10 minutes,
or
c. The Landing Distance Available on a useable runway at the
destination airport is at least equal to the actual landing distance
required for flaps zero. This distance shall be based on Bombardier
performance data, and shall take into account forecast weather and
anticipated runway conditions, or
d. The Landing Distance Available on a useable runway at the
filed alternate airport, or other suitable airport is at least equal
to the actual landing distance for flaps zero. This distance shall
be based on Bombardier performance data, and shall take into account
forecast weather and anticipated runway conditions.
Note 1: If the forecast destination weather is less than 200
feet above DH or MDA, or less than 1 mile (1500 meters) above the
authorized landing visibility (or equivalent RVR), as applied to the
usable runway at the destination airport, condition 3.a., 3.b., or
3.d. above must be satisfied.
Note 2: When conducting No Alternate IFR (NAIFR) operations,
condition 3.a., 3.b., or 3.c. above must be satisfied.''
(3) Part III. Training: As of 30 days after 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
[[Page 1968]]
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 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) For airplanes having flap actuators, part numbers (P/Ns)
852D100-19/-21, 853D100-19/-20, and 854D100-19/-20, specified in
paragraphs (g)(3)(i) and (g)(3)(ii) of this AD: 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.
(i) Airplanes having actuators that have not been repaired and
that have accumulated more than 2,000 flight hours since new.
(ii) Airplanes having actuators that have been repaired and that
have accumulated more than 2,000 flight hours on the inboard pinion
shaft seals, P/Ns 853SC177-1/-2.
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.
(3) The MCAI does not specify which actuators are applicable to
the actions specified in ``Part C'' of Bombardier Service Bulletin
601R-27-150, dated July 12, 2007. This AD requires that ``Part C''
of the service bulletin only be done for the actuators specified in
paragraph (g)(3) of this AD.
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 (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-172, 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. AMOCs
approved previously in accordance with AD 2007-17-07 are 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
(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.
Material Incorporated by Reference
(j) 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 previously approved the
incorporation by reference of 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 on September
5, 2007 (72 FR 46555, August 21, 2007).
(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: https://www.archives.gov/federal-register/cfr/ibr-
locations.html.
Issued in Renton, Washington, on January 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-249 Filed 1-10-08; 8:45 am]
BILLING CODE 4910-13-P
