[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]
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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.
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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:
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
[[Page 46558]]
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 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