AD 2006-12-21

[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Rules and Regulations]
[Pages 34793-34801]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 06-5326]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22481; Directorate Identifier 2004-NM-176-AD; 
Amendment 39-14647; AD 2006-12-21]
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.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain Bombardier Model CL-600-2B19 (Regional 
Jet Series 100) airplanes. That AD currently requires revising the 
airplane flight manual (AFM) to provide the flightcrew with revised 
procedures for checking the flap system. The existing AD also requires 
revising the maintenance program to provide procedures for checking the 
flap system, and performing follow-on actions, if necessary. This new 
AD requires installing new flap actuators, a new or retrofitted air 
data computer, a new skew detection system, and new airspeed limitation 
placards; and revising the AFM to include revised maximum allowable 
speeds for flight with the flaps extended, and a new skew detection 
system/crosswind-related limitation for take-off flap selection. This 
AD results from a number of cases of flap system failure that resulted 
in a twisted outboard flap panel. We are issuing this AD to prevent an 
unannunciated failure of the flap system, which could result in a flap 
asymmetry and consequent reduced controllability of the airplane.

DATES: This AD becomes effective July 21, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of July 21, 2006.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
room PL-401, Washington, DC.
    Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, 
Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for service 
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Daniel 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:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 98-20-01, amendment 39-
10767 (63 FR 49661, September 17, 1998). The existing AD applies to 
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100) series 
airplanes. That NPRM was published in the Federal Register on September 
21, 2005 (70 FR 55315). That NPRM proposed to require installing new 
flap actuators, a new or retrofitted air data computer, a new skew 
detection system, and new airspeed limitation placards; and revising 
the AFM to include revised maximum allowable speeds for flight with the 
flaps extended, and a new skew detection system/crosswind-related 
limitation for take-off flap selection.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Request To Address Defective Parts Manufacturer Approval (PMA) Parts

    Modification and Replacement Parts Association (MARPA) states that 
the NPRM specifies that the flap actuators be replaced in accordance 
with a manufacturer service bulletin, but that service bulletins are 
proprietary documents and are difficult to obtain for those who are not 
aircraft owners and/or operators. MARPA further states that when a 
service document is incorporated by reference into an airworthiness 
directive it loses its copyright status and becomes part of the public 
document. MARPA states that it

[[Page 34794]]

is not possible without reference to the service bulletin to determine 
precisely the actuators that are being replaced with ``new and 
improved'' actuators. For this reason, MARPA requests that the language 
in paragraph (h) of the NPRM be expanded to clarify its intent for 
those who do not have a copy of the referenced service information and, 
therefore, cannot determine the part number (P/N) of the actuators that 
are being replaced. MARPA requests that if certain P/Ns are now deemed 
to be not airworthy, the NPRM should be revised to identify those parts 
by P/N. MARPA further states that if these parts are not considered 
airworthy, the language in the NPRM should be expanded to embrace any 
approved PMA parts that have the same design data as the defective 
parts. MARPA states that these changes would assist parts sellers and 
maintenance, repair and overhaul (MRO) organizations to remove these 
parts from the supply stream, and producers of PMA parts would be 
apprised of the defects.
    We concur with the commenter's general request that, if we know 
that an unsafe condition also exists in PMA parts, the AD should 
address those parts, as well as the original parts. In this case, the 
NPRM identifies in paragraph (k) parts that are now deemed not to be 
airworthy. The commenter's remarks are timely in that the Transport 
Airplane Directorate currently is in the process of reviewing this 
issue as it applies to transport category airplanes. We acknowledge 
that there may be other ways of addressing this issue to ensure that 
unsafe PMA parts are identified and addressed. Once we have thoroughly 
examined all aspects of this issue, including input from industry, and 
have made a final determination, we will consider whether our policy 
regarding addressing PMA parts in ADs needs to be revised. We consider 
that to delay this AD action would be inappropriate, since we have 
determined that an unsafe condition exists and that replacement of 
certain parts must be accomplished to ensure continued safety. 
Therefore, no change has been made to the final rule in this regard.

Request To Reference PMA Parts

    MARPA also requests that any ``new and improved'' parts cited in 
the service bulletin to be installed be designated by P/N with the 
qualifying phrase ``or other FAA-approved equivalent part,'' and that 
this phrase be appended to the list of approved part numbers. MARPA 
states that manufacturer service documents specify exclusively original 
equipment parts, and has never seen any service document that even 
acknowledges the existence of alternatively approved parts. In MARPA's 
experience, service bulletins from manufacturers specify exclusively 
original equipment manufacturer (OEM) parts, to the exclusion of other 
parts approved under 14 CFR part 21.303 (Parts Manufacturer Approval 
(PMA)). The commenter states that the proposed action is therefore in 
seeming conflict with the existing CFR.
    We infer that the commenter would like the AD to permit 
installation of any equivalent PMA parts so that it is not necessary 
for an operator to request approval of an alternative method of 
compliance (AMOC) in order to install an ``equivalent'' PMA part. 
Whether an alternative part is ``equivalent'' in adequately resolving 
the unsafe condition can only be determined on a case-by-case basis 
based on a complete understanding of the unsafe condition. Our policy 
is that, in order for operators to replace a part with one that is not 
specified in the AD, they must request an AMOC. This is necessary so 
that we can make a specific determination that an alternative part is 
or is not susceptible to the same unsafe condition.
    In response to the commenter's statement regarding 14 CFR 21.203, 
under which the FAA issues PMAs, this statement appears to reflect a 
misunderstanding of the relationship between ADs and the certification 
procedural regulations of part 21 of the Federal Aviation Regulations 
(14 CFR part 21). Those regulations, including section Sec.  21.303 of 
the Federal Aviation Regulations (14 CFR 21.203), are intended to 
ensure that aeronautical products comply with the applicable 
airworthiness standards. But ADs are issued when, notwithstanding those 
procedures, we become aware of unsafe conditions in these products or 
parts. Therefore, an AD takes precedence over design approvals when we 
identify an unsafe condition, and mandating installation of a certain 
part number in an AD is not at variance with section Sec.  21.303.
    The AD provides a means of compliance for operators to ensure that 
the identified unsafe condition is addressed appropriately. For an 
unsafe condition attributable to a part, the AD normally identifies the 
replacement parts necessary to obtain that compliance. As stated in 
section 39.7 of the Federal Aviation Regulations (14 CFR 39.7), 
``Anyone who operates a product that does not meet the requirements of 
an applicable airworthiness directive is in violation of this 
section.'' Unless an operator obtains approval for an AMOC, replacing a 
part with one not specified by the AD would make the operator subject 
to an enforcement action and result in a civil penalty. No change to 
the AD is necessary in this regard.

Request To Revise Cost Estimate

    Air Wisconsin states that certain cost estimates in the NPRM are 
incorrect. Air Wisconsin states that the estimated hours for doing the 
following actions should be revised: Installing the provisions in 
accordance with Bombardier Service Bulletin 601R-27-115, Revision D, 
dated March 18, 2004, should be 200 hours; installing the actuators in 
accordance with Bombardier Service Bulletin 601R-27-114, Revision B, 
dated December 4, 2003, should be 20 hours; and installing the sensors 
and skew detection system (SDS) in accordance with Bombardier Service 
Bulletin 601R-27-116, Revision B, dated February 2, 2004, should be 4.5 
hours for a total of 224.5 hours. The current estimate for doing those 
actions in the NPRM is 147 hours.
    We disagree. The cost estimates in ADs represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions. No change to the AD is 
necessary in this regard.

Request To Use Latest Revisions of Service Bulletins

    Two commenters, Air Wisconsin and Comair, note that several of the 
service bulletins are not identified in the NPRM at their latest 
revision level. The commenters request that we update the AD to include 
the latest revisions of the service bulletins.
    We agree. We have reviewed the latest revisions of the service 
bulletins, and the procedures therein are essentially the same as those 
in the service bulletins cited in the NPRM. Therefore, we have revised 
the AD to include references to the latest revisions of several service 
bulletins. We have also revised paragraph (j) of the AD, ``Actions 
Accomplished in Accordance with Previous Revisions of Service 
Bulletins,'' to include reference to the applicable revision levels 
used before the effective date of this AD.

Request To Use Lower Flap Speed

    Air Wisconsin and Comair also request that we eliminate the 
requirement in paragraphs (i)(3) and (i)(4) of the NPRM to raise flap 
speeds in accordance with Bombardier Service Bulletin 601R-11-080, 
dated

[[Page 34795]]

November 28, 2003. Air Wisconsin prefers to remain conservative and 
continue to use a lower flap speed. Comair states that other operators, 
if they choose to do so, should be allowed to use the higher speeds and 
remove the limitation placard. Comair has operated these airplanes in 
this condition (where the air data computer (ADC) puts the high speed 
cue at 230 for flaps 8 and 20, but the placard specified 215 for flaps 
8 and 20), so there should be no additional operational issues. The 
high speed cue of 215 has worked well for Comair. Comair states that 
this cue is more conservative on the flap system and causes no 
operational concerns by differing from the ADC.
    We disagree. The new placards and aural warnings are based on 
aircraft limitations. If operators use a placard that is not consistent 
with the aural warning, they are essentially using a placard as an 
operating limit rather than the aircraft limit, which is a deviation 
from the basis of certification. Normally, this kind of deviation is 
acceptable only as an interim solution under an AD while a final fix is 
being pursued. We cannot impose lower limits than those that are 
established by the certification requirements. However, operators may 
use lower flap speeds, since these are within the aircraft limitations. 
An operator may choose to fly at lower limits for fleet standardization 
and commonality. Those limits must be coordinated with the Principal 
Operations Inspector. No change to the AD is necessary in this regard.

Request To Clarify Terminating Action

    Air Wisconsin requests that we make it clear that installing the 
skew detection system provides terminating action for all requirements 
of the AD. Air Wisconsin states that it was intended that incorporating 
the modifications would terminate the requirements of AD 98-20-01 
(visual inspection of the flaps prior to each flight and maintenance 
action required after ``Flap Fail'' message). Air Wisconsin states that 
Canadian airworthiness directive CF-1998-14R4, dated June 1, 2004 
(which is the parallel airworthiness directive for this AD), clearly 
indicates in Part VI, paragraph F, that compliance with the 
installation of the skew detection system provides terminating action 
for all requirements of that directive. Air Wisconsin states that this 
terminating action is not clearly indicated in the NPRM.
    We partially agree. We agree that clarifying the terminating action 
would be helpful to operators. Paragraph (i) of the NPRM states, 
``Accomplishing the actions in paragraph (h) and (i) of this AD 
terminates the requirements of paragraphs (f) and (g) of this AD, and 
the Airplane Flight Manual (AFM) revisions required by those paragraphs 
may be removed from the AFM.'' Paragraphs (f) and (g) of the NPRM are a 
restatement of the requirements of AD 98-20-01. Therefore, we have 
changed paragraph (i) to state, ``* * * terminates the requirements of 
paragraphs (f) and (g) of this AD (the requirements of AD 98-20-01)* * 
*.'' We disagree with adding the statement, ''* * * provides 
terminating action for all requirements of this AD* * *.'' Certain 
requirements of the new AD remain in effect even after the actions in 
paragraphs (h) and (i) are accomplished, and therefore the statement 
regarding ``all requirements'' is incorrect. For example, the 
requirements of paragraph (k) of this AD, which prohibits installation 
of certain part numbers, remain in effect.

Request To Recognize Provisions of the Minimum Equipment List (MEL)

    Air Wisconsin states that the NPRM does not recognize operation of 
the aircraft under the provisions of the MEL. Air Wisconsin explains 
that since the AD does not specifically address any provisions of the 
MEL, any existing provisions would not be affected.
    We infer that Air Wisconsin requests that we revise the AD to 
include a reference to the MEL and a description of how it affects the 
MEL. We disagree. The AD does not specifically address any provisions 
of the MEL, and therefore any existing provisions are not affected. No 
change to the AD is necessary in this regard.

Request To Eliminate Decal-Removal Requirement

    Air Wisconsin states that paragraph (i)(5) of the NPRM indicates 
that the decals installed on the flight deck can be removed. Air 
Wisconsin states that these decals were never a requirement of AD 98-
20-01.
    We infer that Air Wisconsin is requesting that we eliminate the 
decal-removal requirement in paragraph (i)(5) of the AD. We disagree. 
The installation of the decals that say ``Visually inspect flaps prior 
to departure'' was not a requirement of AD 98-20-01. However, those 
decals were installed on many airplanes in accordance with various 
AMOCs issued against that AD. Consequently, we wish to eliminate those 
decals from airplanes that may have had them installed as part of an 
AMOC against AD 98-20-01. Paragraph (i)(5) of this AD specifically 
states that it applies only to those airplanes. No change to the AD is 
necessary in this regard.

Request To Acknowledge Installation of Different Part Number

    Comair requests that we revise paragraph (i)(2) of the AD to 
acknowledge the accomplishment of Bombardier Service Bulletin 601R-34-
107. Comair explains that paragraph (i)(2) requires, in part, ``install 
a new or retrofitted air data computer (ADC) in accordance with the 
accomplishment instructions of Bombardier Service Bulletin 601R-34-128, 
Revision B, dated September 7, 2001.'' Comair states that it has 
previously complied with Bombardier Service Bulletin 601R-34-107, ``ADC 
Calibrated for RVSM'' (Reduced Vertical Separation Minimum). The ADC 
incorporated during this service bulletin is P/N 822-0372-445.
    We disagree with the need to change the AD in this regard. The AD 
mandates installation of a new or retrofitted ADC in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 601R-34-
128. The resultant ADC P/Ns after doing this installation are: 822-
0372-154 without RVSM installed, or 822-0372-445 with RVSM installed. 
Both of these P/Ns meet the requirements of the AD. Bombardier Service 
Bulletin 601R-34-107 converts ADC P/N 822-0327-140 to P/N 822-0372-143. 
Since neither of these P/Ns have Bombardier Service Bulletin 601R-34-
128 installed, neither complies with the intent of the AD. However, 
Bombardier Service Bulletin 601R-34-107 also converts P/N 822-0372-154 
into P/N 822-0372-445. Both of these P/Ns are identified in Bombardier 
Service Bulletin 601R-34-128 and are, by definition, already 
acceptable. No change to the AD is necessary in this regard.

Explanation of Editorial Changes to Paragraphs (i)(1) and (i)(4)

    In paragraph (i)(1) of the NPRM, we inadvertently specified October 
27, 2004, as the date of Bombardier Service Bulletin 601R-27-115, 
Revision E. We have revised paragraph (i) of the AD to specify the 
correct issue date of this service bulletin, which is October 7, 2004. 
In paragraph (i)(4) of the NPRM, we inadvertently identified the 
Canadair Regional Jet AFM as CSP A-102. We have revised paragraph 
(i)(4) of the AD to refer to Canadair Regional Jet AFM, CSP A-012.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any

[[Page 34796]]

approved AMOC on any airplane to which the AMOC applies.

Clarification of Reporting Requirements

    We have also clarified this action to specify that where Bombardier 
Service Bulletins 601R-27-111, dated March 6, 2000; 601R-27-115, 
Revision E, dated October 7, 2004; and 601R-34-128, Revision C, dated 
March 28, 2005; specify to submit certain information to the 
manufacturer, this AD does not include those requirements.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD. For all actions the average labor rate is $65 
and the number of U.S.-registered airplanes is 651.

                                                 Estimated Costs
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                                              Work                                     Cost per
                  Action                      hours               Parts                airplane     Fleet cost
----------------------------------------------------------------------------------------------------------------
Revise the AFM (required by AD 98-20-01)..         1  N/A..........................          $65         $42,315
Revise the maintenance program (required           1  N/A..........................           65          42,315
 by AD 98-20-01).
Install ADC (new action)..................         1  The manufacturer states that            65          42,315
                                                       it will supply required
                                                       parts to the operators at no
                                                       cost.
Install <greek-i>3 and <greek-i>4 flap            18  The manufacturer states that         1,170         761,670
 actuators (new action).                               it will supply required
                                                       parts to the operators at no
                                                       cost.
Install skew detection system (new action)       147  The manufacturer states that         9,555       6,220,305
                                                       it will supply required
                                                       parts to the operators at no
                                                       cost.
Install new airspeed limitation placards           1  The manufacturer states that            65          42,315
 (new action).                                         it will supply required
                                                       parts to the operators at no
                                                       cost.
Revise the AFM (new action)...............         1  N/A..........................           65          42,315
----------------------------------------------------------------------------------------------------------------

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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-10767 (63 FR 49661, September 17, 1998) and by 
adding the following new airworthiness directive (AD):

2006-12-21 Bombardier, Inc. (Formerly Canadair): Amendment 39-14647. 
Docket No. FAA-2005-22481; Directorate Identifier 2004-NM-176-AD.

Effective Date

    (a) This AD becomes effective July 21, 2006.

Affected ADs

    (b) This AD supersedes AD 98-20-01.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 400) airplanes, certificated in any category, 
serial numbers 7003 through 7903 inclusive.

Unsafe Condition

    (d) This AD results from a number of cases of flap system 
failure that resulted in a twisted outboard flap panel. We are 
issuing this AD to prevent an unannunciated failure of the flap 
system, which could result in a flap asymmetry and consequent 
reduced controllability of the airplane.

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 the Requirements of AD 98-20-01:

    Note 1: Bombardier Service Letter RJ-SL-27-002A, dated April 8, 
1998, and Service Letter RJ-SL-27-037, dated July 2, 1998, may 
provide operators with additional information concerning the actions 
required

[[Page 34797]]

by this AD. However, accomplishment of the procedures specified in 
these service letters should not be considered to be an acceptable 
method of compliance with the requirements of this AD.

    (f) Within 10 days after October 2, 1998 (the effective date of 
AD 98-20-01), accomplish the requirements of paragraphs (f)(1), 
(f)(2), and (f)(3) of this AD.
    (1) Revise the Limitations Section of the FAA-approved airplane 
flight manual (AFM) to include the following procedures and Figures 
1 and 2 of this AD. After accomplishing the actions in paragraphs 
(h) and (i) of this AD, remove the revisions required by this 
paragraph of this AD from the AFM.

``Air Operator Actions

    Important: If the outboard flap position is outside the ``GO'' 
range, as shown in figure 2., further flight is prohibited until 
required maintenance actions have been accomplished.
    1. Touch-and-go landings for the purposes of training must be 
accomplished using a flap setting of 20 degrees for the entire 
procedure.
    2. (a) Take-off flaps must be set prior to departure, and
    (b) An external visual check must be accomplished to detect any 
twisting, skewing, or abnormal deformation of the flaps, using the 
information given in Figures 1 and 2.

    Note 1: If the outboard flap position is outside the ``GO'' 
range as shown in figure 2., further flight is prohibited until 
required maintenance actions have been accomplished.


    Note 2: This visual check must be accomplished either by a 
member of the flight crew or by maintenance personnel, and the 
results reported directly to the pilot-in-command prior to take-off.

    3. If any additional change to the flap position is necessary, 
prior to take-off, accomplish the visual check specified by the 
preceding paragraph 2. (b).''
    (2) Revise the Normal Procedures Section of the FAA-approved AFM 
to include the following procedures:
    ``To minimize a possible flap twist in flight when operating 
flaps, operate the flap selector sequentially, stopping at each 
setting (i.e., 0 degrees, 8 degrees if applicable, 20 degrees, 30 
degrees, 45 degrees; or operate the flap selector in reverse order), 
and waiting for the flaps to reach each position before selecting 
the next setting. Monitor the control wheel for abnormal control 
wheel angles during each transition in flap position.

    Note: This procedure is not applicable during a go-around or 
during any emergency aircraft handling procedure where prompt flap 
retraction is required. In these cases, follow the applicable AFM 
procedures.''

    (3) Revise the Abnormal Procedures Section of the FAA-approved 
AFM to include the following procedures.
    ``If abnormal aileron control wheel angles develop during flap 
operation with the autopilot on, or if the aircraft rolls without 
pilot input with the autopilot off (with or without a `FLAPS FAIL' 
caution message), perform the following actions:
    1. If flaps are being extended, immediately return the flaps to 
the previously selected position (e.g., for flaps selected from 8 
degrees to 20 degrees, re-select 8 degrees).
    2. If flaps are being retracted, the flap selector should remain 
in the currently selected position (e.g., for flaps selected from 20 
degrees to 8 degrees, leave selector at 8 degrees).
    3. Do not attempt to operate the flaps any further.
    4. If the flaps are engaged, disconnect the autopilot.

    Note: When disconnecting the autopilot, anticipate an out-of-
trim situation and hold the aileron control wheel in its current 
position.

    5. For landing, perform the ``Flaps Failure'' procedure for the 
following conditions:
    (a) If an abnormal aileron control wheel angle to the left 
develops, do not land if a crosswind from the left is greater than 
20 knots.
    (b) If an abnormal aileron control wheel angle to the right 
develops, do not land if a crosswind from the right is greater than 
20 knots.
    6. After landing, do not attempt to retract the flaps. Record 
the event in the Aircraft Maintenance Log Book and notify the person 
responsible for maintenance.''
BILLING CODE 4910-13-U

[[Page 34798]]

[GRAPHIC] [TIFF OMITTED] TR16JN06.030


[[Page 34799]]


[GRAPHIC] [TIFF OMITTED] TR16JN06.031


[[Page 34800]]


    (g) Within 10 days after October 2, 1998, revise the FAA-
approved maintenance program to include the following procedures and 
Figures 1 and 2 of this AD:

``Maintenance Procedure

    Whenever a ``FLAPS FAIL'' caution message occurs, carry out the 
following procedures after landing:

    Note: These procedures are to be accomplished by maintenance 
personnel only.

    1. Check that there have been no other ``FLAPS FAIL'' caution 
messages reported within the previous 72 hours. If a previous 
message has been reported, prior to further flight, perform the 
actions required in the following Maintenance Action section. If no 
previous ``FLAPS FAIL'' caution message has been reported, continue 
with the following:
    2. Carry out an external visual check of each outboard flap for 
evidence of twisting, skewing, or abnormal deformation. (Reference 
Figures 1 and 2.)
    3. If there is no evidence of twisting, skewing, or abnormal 
deformation, proceed as follows:
    (a) Reset the flap system ONLY ONCE by cycling circuit breakers 
CB1-F4 and CB2-F4.
    (b) If the system does not reset (i.e., the ``FLAPS FAIL'' 
caution message is still posted), prior to further flight, perform 
the actions required in the following Maintenance Action section.
    (c) If the system resets, cycle the flaps to 45 degrees and back 
to 0 degrees. Continued flap operation for up to a maximum of 72 
hours is then permitted as long as no additional ``FLAPS FAIL'' 
caution message is indicated.
    (d) If an additional ``FLAPS FAIL'' caution message occurs 
within the period of 72 hours, as specified above, prior to further 
flight, perform the actions required in the following Maintenance 
Action section.
    (e) Within 72 hours, even if no further ``FLAPS FAIL'' messages 
have been indicated, perform the actions required in the following 
Maintenance Action section.
    4. If there is evidence of twisting, skewing, or abnormal 
deformation, PRIOR TO FURTHER FLIGHT, perform the actions required 
in the following Maintenance Action section.

Maintenance Action

    Whenever the outboard flap position indicator is outside the 
``GO'' range as shown in Figure 2, or whenever directed to do so by 
the Maintenance Procedure above, perform the following procedures:
    A. Interrogate the flap electronic control unit (FECU) per Fault 
Isolation Manual, Section 27-50-00, ``Flaps Fault Isolation,'' and 
rectify as applicable.
    B. Visually check each flap for evidence of twisting, skewing, 
or abnormal deformation.
    1. If there is no evidence of twisting, skewing, or abnormal 
deformation, manually isolate any jammed, disconnected, or dragging 
component; and rectify all discrepant conditions.
    2. If there is evidence of twisting, skewing, or abnormal 
deformation, replace both actuators and any discrepant flap panel 
with new or serviceable components. In addition, inspect flexible 
shaft(s) inboard of the most outboard actuator removed for 
discrepancies, and replace any discrepant flexible shaft with a new 
or serviceable flexible shaft.

    Note: An acceptable procedure for testing the flap drive 
breakaway input torque is detailed in Aircraft Maintenance Manual 
Temporary Revision 27-203, Task 27-53-00-750-802, dated July 17, 
1998.

    C. Within 3 days after identifying a flap panel twist or logging 
a ``FLAPS FAIL'' caution message, notify Bombardier Aerospace, via 
the Canadair Regional Jet Action Center, of all findings and actions 
taken.''

New Requirements of the AD

Install New Flap Actuators

    (h) Within 12 months after the effective date of this AD: 
Install new Number 3 and Number 4 flap actuators in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 601R-
27-114, excluding Appendix A, Revision C, dated November 9, 2004. 
The actions in paragraph (h) of this AD must be accomplished prior 
to or concurrently with the actions in paragraph (i) of this AD.

Install Skew Detection System (SDS) and Air Data Computer

    (i) Within 30 months after the effective date of this AD, but 
after the actions required by paragraph (h) of this AD have been 
accomplished: Install the SDS in accordance with paragraphs (i)(1), 
(i)(2), (i)(3), (i)(4), and (i)(5) of this AD. These actions must be 
accomplished in the order stated in this paragraph. Accomplishing 
the actions in paragraphs (h) and (i) of this AD terminates the 
requirements of paragraphs (f) and (g) (the requirements of AD 98-
20-01) of this AD, and the AFM revisions required by those 
paragraphs may be removed from the AFM.
    (1) Install the electrical provisions for the SDS in accordance 
with the Accomplishment Instructions of Bombardier Service Bulletin 
601R-27-115, Revision E, dated October 7, 2004. Although the service 
bulletin specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.
    (2) Install and activate the SDS in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
116, Revision C, dated August 26, 2004; and install a new or 
retrofitted air data computer (ADC) in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-34-
128, Revision C, dated March 28, 2005. Although the service bulletin 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.
    (3) Install new airspeed limitation placards in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 601R-
11-080, Revision A, dated October 11, 2005.
    (4) Revise the Limitations section of the AFM to include the 
information specified in Canadair Temporary Revision (TR) RJ/128, 
dated November 28, 2003, to Canadair Regional Jet AFM, CSP A-012, to 
include revised V<INF>FE</INF> values, and a new SDS and crosswind-
related limitation for take-off flap selection.

    Note 2: The action in paragraph (i)(4) of this AD may be 
accomplished by inserting a copy of Canadair TR RJ/128 in the AFM. 
When this temporary revision has been incorporated into the general 
revisions of the AFM, the general revisions may be inserted in the 
AFM, provided the information contained in the general revision is 
identical to that specified in Canadair TR RJ/128.

    (5) For airplanes on which decals stating ``Visually inspect 
flaps prior to departure'' have been installed in production or in 
accordance with an alternative method of compliance (AMOC) granted 
by the FAA: After the installation required by paragraphs (h)(1), 
(i)(1), (i)(2), (i)(3), and (i)(4) of this AD, remove the decals in 
accordance with Part A of Bombardier Service Bulletin 601R-27-111, 
dated March 6, 2000. Although the service bulletin specifies to 
submit certain information to the manufacturer, this AD does not 
include that requirement.

Actions Accomplished in Accordance With Previous Revisions of 
Service Bulletins

    (j) Actions accomplished before the effective date of this AD 
according to the service bulletins identified in paragraphs (j)(1), 
(j)(2), (j)(3), and (j)(4) of this AD, are considered acceptable for 
compliance with the corresponding action specified in paragraphs (h) 
and (i) of this AD.
    (1) For the action in paragraph (h) of this AD: Bombardier 
Service Bulletin 601R-27-114, dated March 22, 2002; Revision A, 
dated November 6, 2002; or Revision B, dated December 4, 2003.
    (2) For the actions in paragraph (i)(1) of this AD: Bombardier 
Service Bulletin 601R-27-115, Revision D, dated March 18, 2004.
    (3) For the actions in paragraph (i)(2) of this AD: Bombardier 
Service Bulletin 601R-27-116, dated July 23, 2003; Revision A, dated 
September 10, 2003; or Revision B, dated February 2, 2004; and 
Bombardier Service Bulletin 601R-34-128, Revision B, dated September 
7, 2001.
    (4) For the actions in paragraph (i)(3) of this AD: Bombardier 
Service Bulletin 601R-11-080, dated November 28, 2003.

Parts Installation

    (k)(1) As of 12 months after the effective date of this AD, no 
person may install on any airplane a flap actuator with part numbers 
(P/Ns) 601R93103-5, -6, -7, -8, -9, -10, -11, -12, -17, and -18 
(Vendor P/Ns 853D100-7, -8, -9, -10, -11, -12, -13, -14, -17 and -
18).
    (2) As of 12 months after the effective date of this AD, no 
person may install on any airplane a flap actuator with P/Ns 
601R93104-5, -6, -7, -8, -9 and -10 (Vendor P/Ns 854D100-7, -8, -9, 
-10, -11 and -12).
    (3) As of 30 months after the effective date of this AD, no 
person may install on any airplane an ADC with P/Ns 822-0372-140 and 
-143.

AMOCs

    (l)(1) The Manager, New York Aircraft Certification Office 
(ACO), FAA, has the authority to approve AMOCs for this AD, if 
requested in accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to

[[Page 34801]]

which the AMOC applies, notify the appropriate principal inspector 
in the FAA Flight Standards Certificate Holding District Office.
    (3) AMOCs approved previously according to AD 98-20-01, are 
approved as AMOCs for the corresponding provisions of this AD.

Related Information

    (m) Canadian airworthiness directive CF-1998-14R4, dated June 1, 
2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (n) You must use the service information listed in Table 1 of 
this AD, as applicable, to perform the actions that are required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of these 
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, 
Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for a copy 
of this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street, SW., room PL-401, Nassif Building, Washington, DC; on the 
Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a>; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

                                  Table 1.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
           Service information                    Revision level                           Date
----------------------------------------------------------------------------------------------------------------
Bombardier Service Bulletin 601R-11-080..  A...........................  October 11, 2005.
Bombardier Service Bulletin 601R-27-111..  Original....................  March 6, 2000.
Bombardier Service Bulletin 601R-27-114,   C...........................  November 9, 2004.
 excluding Appendix A.
Bombardier Service Bulletin 601R-27-115..  E...........................  October 7, 2004.
Bombardier Service Bulletin 601R-27-116..  C...........................  August 26, 2004.
Bombardier Service Bulletin 601R-34-128..  C...........................  March 28, 2005.
Canadair Temporary Revision RJ/128 to the  Original....................  November 28, 2003.
 Canadair Regional Jet Airplane Flight
 Manual, CSP A-012.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on June 5, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5326 Filed 6-15-06; 8:45 am]
BILLING CODE 4910-13-U