Federal Register: October 16, 2008 (Volume 73, Number 201)

DOCID: fr16oc08-4 FR Doc E8-24549

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

CFR Citation: 14 CFR Part 39

Docket ID: [Docket No. FAA-2008-1096; Directorate Identifier 2008-NM-158-AD; Amendment 39-15693; AD 2008-21-09]

RIN ID: RIN 2120-AA64

NOTICE: RULES

DOCID: fr16oc08-4

ACTION: Airworthiness Directives:

DOCUMENT ACTION: Final rule; request for comments.

SUBJECT CATEGORY:

Airworthiness Directives; Bombardier Model CL-600-1A11 (CL- 600),CL-600-2A12 (CL-601), CL-600-2B16 (CL-601-3A, CL-601-3R, & CL-604 (Including CL-605 Marketing Variant)) Airplanes, and Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes

DATES: This AD becomes effective October 31, 2008.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of October 31, 2008.

On April 21, 2008 (73 FR 19989, April 14, 2008), the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD.

We must receive any comments on this AD by November 17, 2008.

DOCUMENT SUMMARY:

The FAA is superseding an existing airworthiness directive (AD) that applies to all Bombardier Model CL6002B19 (Regional Jet Series 100 & 440) airplanes and Model CL6001A11 (CL600), CL6002A12 (CL601), and CL6002B16 (CL6013A, CL6013R, and CL604) airplanes. The existing AD currently requires revising the airplane flight manuals (AFMs) to include new cold weather operations limitations and procedures. This AD requires revising the AFMs to include a requirement for flightcrew training regarding enhanced takeoff procedures and winter operations. This AD results from reports of uncommanded roll during takeoff. We are issuing this AD to prevent possible loss of control on takeoff resulting from even small amounts of frost, ice, snow, or slush on the wing leading edges or forward upper wing surfaces.

SUMMARY:

Bombardier Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), et al., Airplanes, and Model CL-600-2B19 Airplanes,

SUPPLEMENTAL INFORMATION

Discussion

On April 2, 2008, the FAA issued AD 20080806, amendment 3915458 (73 FR 19989, April 14, 2008). That AD applies to all Bombardier Model CL6002B19 (Regional Jet Series 100 & 440) airplanes and Model CL600 1A11 (CL600), CL6002A12 (CL601), and CL6002B16 (CL6013A, CL 6013R, and CL604) airplanes. That AD requires revising the airplane flight manuals (AFMs) to include new cold weather operations limitations and
[[Page 61337]]
procedures. That AD resulted from reports of uncommanded roll during takeoff. The actions specified in that AD are intended to prevent possible loss of control on takeoff resulting from even small amounts of frost, ice, snow, or slush on the wing leading edges or forward upper wing surfaces.

Actions Since AD Was Issued

The preamble to AD 20080806 specified that we considered the requirements ``interim action'' and that Transport Canada Civil Aviation (TCCA) advised that it was developing further actions, such as crew awareness and training with regard to winter operations to address the unsafe condition addressed by that AD. That AD explains that we might consider further rulemaking if those further actions are developed, approved, and available. TCCA has now advised us that the manufacturer has developed these actions, and we have determined that further rulemaking is indeed necessary; this AD follows from that determination.

Relevant Service Information

Bombardier has issued the temporary revisions (TRs) listed in the ``Temporary Revisions'' table. The temporary revisions describe limitations that include tactile inspections for ice during certain weather conditions, limitations and procedures for use of wing and cowl antiice during certain taxiing or takeoff conditions, and takeoff limitations to reduce highpitch attitudes during rotation. The temporary revisions also describe a limitation, effective November 1, 2008, that requires flightcrew training regarding enhanced takeoff procedures and winter operations. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. TCCA mandated the service information and issued Canadian airworthiness directives CF200815R1 and CF200816R1, both dated August 20, 2008 (referred to after this as ``the MCAI''), to ensure the continued airworthiness of these airplanes in Canada.
Temporary Revisions For Bombardier model Use Dated To the CL6002B16 (CL604) airplanes, Bombardier Temporary August 7, 2008................. Bombardier serial numbers 5301 through 5699. Revision 604/242. Challenger CL604 AFM, PSP 6041. CL6002B16 (CL604) airplanes, Bombardier Temporary August 7, 2008................. Bombardier serial numbers 5701 and Revision 605/12. Challenger CL605 subsequent (might also be AFM, PSP 6051. referred to by a marketing
designation as CL605).
CL6001A11 (CL600) airplanes.... Canadair Temporary August 7, 2008................. Canadair Challenger Revision 600/252. CL6001A11 AFM. CL6001A11 (CL600) airplanes.... Canadair Temporary August 7, 2008................. Canadair Challenger Revision 6001/202. CL6001A11 AFM (Winglets). CL6002A12 (CL601) airplanes.... Canadair Temporary August 7, 2008................. Canadair Challenger Revision 601/172. CL6002A12 AFM, PSP 6011B1. CL6002A12 (CL601) airplanes.... Canadair Temporary August 7, 2008................. Canadair Challenger Revision 601/182. CL6002A12 AFM, PSP 6011A1. CL6002A12 (CL601) airplanes.... Canadair Temporary August 7, 2008................. Canadair Challenger Revision 601/222. CL6002A12 AFM, PSP 6011B. CL6002B16 (CL6013A, and CL601 Canadair Temporary August 7, 2008................. Canadair Challenger 3R) airplanes. Revision 601/292. CL6002B16 AFM, PSP 601A1. CL6002A12 (CL601) airplanes.... Canadair Temporary August 7, 2008................. Canadair Challenger Revision 601/302. CL6002A12 AFM. CL6002B16 (CL6013A, and CL601 Canadair Temporary August 7, 2008................. Canadair Challenger 3R) airplanes. Revision 601/302. CL6002B16 AFM, PSP 601A11. CL6002B19 (Regional Jet Series Canadair Temporary August 7, 2008................. Canadair Regional 100 & 440) airplanes. Revision RJ/1555. Jet AFM, CSP A012. 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 an unsafe condition exists and is likely to exist or develop on other products of the same type design.

Therefore, we are issuing this AD to supersede AD 20080806. This new AD retains certain requirements of the existing AD. This AD also requires revising the AFMs to include a requirement for flightcrew training regarding enhanced takeoff procedures and winter operations. Differences Between This AD and the Canadian Airworthiness Directives

The Canadian airworthiness directives specify that operators should advise flightcrews of the changes introduced by the TRs; and review the ``Pilot's Checklist'' to ensure that the instructions regarding selection of the wing antiice system to ``ON,'' as specified in the AFM Limitations section, are incorporated. We do not require these actions because there is no method to determine compliance with these actions.

Change to Existing AD

This AD retains certain requirements of AD 20080806; however, certain paragraphs have been rearranged. As a result, the corresponding paragraph identifiers have changed in this AD, as listed in the following table:
Revised Paragraph Identifiers
Corresponding requirement in Requirement in AD 20080806 this AD Paragraph (f)............................. Not retained in this AD. Paragraph (g)............................. Paragraph (f).
Paragraph (h)............................. Paragraph (g).
Paragraph (i)............................. Paragraph (j).
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FAA's Justification and Determination of the Effective Date

We are rapidly approaching the ice/snow season and the pilot training regarding enhanced takeoff procedures and winter operations must be accomplished before the season begins. Because of our requirement to promote safe flight of civil aircraft and thus, the critical need to prevent uncommanded roll during takeoff and the short compliance time involved with this action, this AD must be issued immediately.

Because an unsafe condition exists that requires the immediate adoption of this AD, we find that notice and opportunity for prior public comment hereon are impracticable and that good cause exists for making this amendment effective in less than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments before it becomes effective. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA20081096; Directorate Identifier 2008NM158AD'' 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:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this 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 have 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 that the regulation:

1. Is not a ``significant regulatory action'' under Executive Order 12866;

2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by removing amendment 3915458 (73 FR 19989, April 14, 2008) and adding the following new AD:
20082109 Bombardier, Inc. (Formerly Canadair): Docket No. FAA 20081096; Directorate Identifier 2008NM158AD; Amendment 39
15693.
Effective Date
(a) This AD becomes effective October 31, 2008.
Affected ADs
(b) This AD supersedes AD 20080806.
Applicability
(c) This AD applies to all Bombardier Model CL6001A11 (CL 600), CL6002A12 (CL601), CL6002B16 (CL6013A, CL6013R, & CL
604) airplanes, and Model CL6002B19 (Regional Jet Series 100 & 440) airplanes, certificated in any category.

Note 1: Some Model CL6002B16 (CL604) airplanes might be referred to by a marketing designation as CL605.

Note 2: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (j) of this AD. The request should include a
description of changes to the required inspections that will ensure the continued operational safety of the airplane.
Unsafe Condition
(d) This AD results from reports of uncommanded roll during takeoff. We are issuing this AD to prevent possible loss of control on takeoff resulting from even small amounts of frost, ice, snow, or slush on the wing leading edges or forward upper wing surfaces. Compliance
(e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done.
Restatement of AD 20080806
Revision to Airplane Flight Manual (AFM)
(f) Within 7 days after April 21, 2008 (the effective date of AD 20080806), revise the applicable sections of the applicable AFM by inserting a copy of the applicable temporary revision (TR) listed in Table 1 of this AD. Thereafter, operate the airplanes per the limitation specified in the applicable TR, except as provided by paragraphs (h) and (j) of this AD. Doing the revision required by paragraph (h) of this AD terminates the requirements of this paragraph.
(g) When information identical to that in a TR specified in paragraph (f) of this AD has been included in the general revisions of the applicable AFM, the general revisions may be inserted into the AFM, and the TR may be removed from that AFM.
[[Page 61339]]
Table 1Temporary Revisions for AD 20080806 For Bombardier model Use Dated To the CL6001A11 (CL600) airplanes.... Canadair Temporary March 20, 2008................. Limitations and Revision 600/251. Normal Procedures sections of Canadair Challenger CL6001A11 AFM. CL6001A11 (CL600) airplanes.... Canadair Temporary March 20, 2008................. Limitations and Revision 6001/201. Normal Procedures sections of Canadair Challenger CL6001A11 AFM (Winglets). CL6002A12 (CL601) airplanes.... Canadair Temporary March 20, 2008................. Limitations and Revision 601/171. Normal Procedures sections of Canadair Challenger CL6002A12 AFM, PSP 6011B1. CL6002A12 (CL601) airplanes.... Canadair Temporary March 20, 2008................. Limitations and Revision 601/181. Normal Procedures sections of Canadair Challenger CL6002A12 AFM, PSP 6011A1. CL6002A12 (CL601) airplanes.... Canadair Temporary March 20, 2008................. Limitations and Revision 601/221. Normal Procedures sections of Canadair Challenger CL6002A12 AFM, PSP 6011B. CL6002A12 (CL601) airplanes.... Canadair Temporary March 20, 2008................. Limitations and Revision 601/301. Normal Procedures sections of Canadair Challenger CL6002A12 AFM. CL6002B16 (CL6013A, and CL601 Canadair Temporary March 20, 2008................. Limitations and 3R) airplanes. Revision 601/291. Normal Procedures sections of Canadair Challenger CL6002B16 AFM, PSP 601A1. CL6002B16 (CL6013A, and CL601 Canadair Temporary March 20, 2008................. Limitations and 3R) airplanes. Revision 601/301. Normal Procedures sections of Canadair Challenger CL6002B16 AFM, PSP 601A11. CL6002B16 (CL604) airplanes, Bombardier Temporary March 20, 2008................. Limitations and serial numbers 5301 through 5699. Revision 604/241. Normal Procedures sections of Bombardier Challenger CL604 AFM, PSP 6041. CL6002B16 (CL604) airplanes, Bombardier Temporary March 20, 2008................. Limitations and serial numbers 5701 and Revision 605/11. Normal Procedures subsequent. sections of Bombardier Challenger CL605 AFM, PSP 6051. CL6002B19 (Regional Jet Series Canadair Temporary March 25, 2008................. Limitations and 100 & 440) airplanes. Revision RJ/1553. Abnormal Procedures sections and Supplement 15 of Canadair Regional Jet AFM, CSP A012. New Requirements of This AD
New Revision to the AFM
(h) Within 14 days after the effective date of this AD, revise the applicable sections of the applicable AFM by inserting a copy of the applicable TR listed in Table 2 of this AD. Thereafter, operate the airplanes per the limitation specified in the applicable TR, except as provided by paragraph (j) of this AD. Once the applicable temporary revision required by this paragraph is inserted into the AFM, the applicable revision required by paragraph (f) of this AD may be removed from the AFM.
(i) When information identical to that in a TR specified in paragraph (h) of this AD has been included in the general revisions of the applicable AFM, the general revisions may be inserted into the AFM, and the TR may be removed from that AFM.
Table 2Current/New Temporary Revisions For Bombardier model Use Dated To the CL6002B16 (CL604) airplanes, Bombardier Temporary August 7, 2008................. Limitations and serial numbers 5301 through 5699. Revision 604/242. Normal Procedures sections of Bombardier Challenger CL604 AFM, PSP 6041. CL6002B16 (CL604) airplanes, Bombardier Temporary August 7, 2008................. Limitations and serial numbers 5701 and Revision 605/12. Normal Procedures subsequent (might also be sections of referred to by a marketing Bombardier designation as CL605). Challenger CL605 AFM, PSP 6051. CL6001A11 (CL600) airplanes.... Canadair Temporary August 7, 2008................. Limitations and Revision 600/252. Normal Procedures sections of Canadair Challenger CL6001A11 AFM. CL6001A11 (CL600) airplanes.... Canadair Temporary August 7, 2008................. Limitations and Revision 6001/202. Normal Procedures sections of Canadair Challenger CL6001A11 AFM (Winglets). CL6002A12 (CL601) airplanes.... Canadair Temporary August 7, 2008................. Limitations and Revision 601/172. Normal Procedures sections of Canadair Challenger CL6002A12 AFM, PSP 6011B1. [[Page 61340]]
CL6002A12 (CL601) airplanes.... Canadair Temporary August 7, 2008................. Limitations and Revision 601/182. Normal Procedures sections of Canadair Challenger CL6002A12 AFM, PSP 6011A1. CL6002A12 (CL601) airplanes.... Canadair Temporary August 7, 2008................. Limitations and Revision 601/222. Normal Procedures sections of Canadair Challenger CL6002A12 AFM, PSP 6011B. CL6002B16 (CL6013A, and CL601 Canadair Temporary August 7, 2008................. Limitations and 3R) airplanes. Revision 601/292. Normal Procedures sections of Canadair Challenger CL6002B16 AFM, PSP 601A1. CL6002A12 (CL601) airplanes.... Canadair Temporary August 7, 2008................. Limitations and Revision 601/302. Normal Procedures sections of Canadair Challenger CL6002A12 AFM. CL6002B16 (CL6013A, and CL601 Canadair Temporary August 7, 2008................. Limitations and 3R) airplanes. Revision 601/302. Normal Procedures sections of Canadair Challenger CL6002B16 AFM, PSP 601A11. CL6002B19 (Regional Jet Series Canadair Temporary August 7, 2008................. Limitations and 100 & 440) airplanes. Revision RJ/1555. Abnormal Procedures sections and Supplement 15 of Canadair Regional Jet AFM, CSP A012. Alternative Methods of Compliance (AMOCs)
(j) 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

FOR FURTHER INFORMATION CONTACT

Bruce Valentine, Aerospace Engineer, Systems and Flight Test Branch, ANE172, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 2287328; fax (516) 7945531.