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Federal Register / Vol. 70, No.

232 / Monday, December 5, 2005 / Rules and Regulations 72361

DEPARTMENT OF TRANSPORTATION that is applicable to Bombardier Model mis-installed during maintenance

CL–600–2C10 (Regional Jet Series 700, & actions. Airplanes with S/N 10117 and
Federal Aviation Administration 701) series airplanes was published in subsequent were delivered with
the Federal Register on May 19, 2004 cascades that were modified to help
14 CFR Part 39 (69 FR 28865). That action proposed to prevent mis-installation of the cascades.
[Docket No. 2003–NM–46–AD; Amendment require an inspection of the thrust We have not changed the AD in this
39–14392; AD 2005–24–12] reverser cascades for correct regard.
installation; removing and reinstalling
RIN 2120–AA64 Request To Revise Cost Impact
the cascade in the correct location, if Statement
necessary; and reworking the thrust
Airworthiness Directives; Bombardier The commenter states that the cost
reverser cascades to add locating spigots
Model CL–600–2C10 (Regional Jet impact statements do not reflect those in
(metal protrusions) to each cascade; as
Series 700, 701, & 702) Airplanes the referenced service bulletins. We
AGENCY: Federal Aviation infer that the commenter requests that
Comments the cost estimates be revised.
Administration (FAA), Department of
Transportation (DOT). Interested persons have been afforded We partially agree to revise the cost
an opportunity to participate in the impact statement. We erroneously stated
ACTION: Final rule.
making of this amendment. Due the per nacelle cost to perform the
SUMMARY: This amendment adopts a consideration has been given to the modification as the per airplane cost.
new airworthiness directive (AD), comments received. We have revised the statement to state
applicable to certain Bombardier Model the correct per airplane cost for the
Request To Clarify Intent of Paragraph modification. However, we do not agree
CL–600–2C10 (Regional Jet Series 700,
(b) of the Proposed AD to revise the cost estimate for the
701, & 702) airplanes, that requires an
inspection of the thrust reverser The commenter requests clarification inspection. We only include costs
cascades for correct installation; on the inspection of the cascades upon directly related to the required action.
removing and reinstalling the cascade in the reinstallation of a cascade. The While the service bulletin includes an
the correct location, if necessary; and commenter wonders: ‘‘In the event only estimate on the cost to access and close-
reworking the thrust reverser cascades one cascade is removed and reinstalled, up the inspection area and other actions
to add locating spigots (metal does this paragraph require performance not directly a part of the inspection, we
protrusions) to each cascade; as of the entire service bulletin do not include those costs in our
applicable. This action is necessary to ([Bombardier Alert Service Bulletin] estimate. Those actions can be used in
prevent asymmetric reverse thrust and A670BA–78–001) meaning both [engine] combination with other ADs, service
consequent loss of control of the nacelles, on the corresponding nacelle, bulletins, or maintenance actions that
airplane during reverse thrust operation. or for the individual cascade?’ use the same access points.
This action is intended to address the We agree that clarification may be
Request To Delete Paragraph (e) of This
identified unsafe condition. needed. We intended only for the
DATES: Effective January 9, 2006.
corresponding nacelle or for the
individual cascade to be inspected for The commenter states that due to the
The incorporation by reference of
correct installation when a cascade is amount of work hours involved in
certain publications listed in the
removed and reinstalled. We have not modifying the cascades, the
regulations is approved by the Director
changed the AD in this regard. applicability of paragraph (e) of the
of the Federal Register as of January 9,
proposed AD should be modified to be
2006. Request To Change the Applicability of limited only to cascades that have been
ADDRESSES: The service information Paragraph (b) removed and reinstalled or replaced per
referenced in this AD may be obtained The commenter requests that the the inspection criteria in paragraph (b)
from Bombardier, Inc., Canadair, applicability of paragraph (b) of the of the proposed AD.
Aerospace Group, P.O. Box 6087, proposed AD be changed since the We do not agree to eliminate or
Station Centre-ville, Montreal, Quebec applicability of paragraph (a) is limited modify paragraph (e) of this AD. The
H3C 3G9, Canada. This information may to airplanes with serial numbers (S/N) actions of paragraphs (b) and (e) of this
be examined at the Federal Aviation 10005 through 10040. The commenter AD are intended to differentiate
Administration (FAA), Transport suggests revising paragraph (b) to be between installation and reinstallation
Airplane Directorate, Rules Docket, applicable only to cascades that have situations. For instance, a situation
1601 Lind Avenue, SW., Renton, been removed and reinstalled. where an operator removes a cascade to
Washington; or at the FAA, New York We agree that the reasoning for the gain access to an engine component may
Aircraft Certification Office, 1600 applicability of paragraph (b) of this AD be considered a ‘‘reinstallation’’
Stewart Avenue, suite 410, Westbury, needs to be clarified. However, we situation, and the operator would be
New York. disagree that paragraph (b) needs to be required to inspect the cascade
FOR FURTHER INFORMATION CONTACT: revised. Airplanes with S/N 10005 installation to ensure that the removed
Rocco Viselli or James Delisio, through 10040 inclusive may have been cascade was reinstalled correctly. In that
Aerospace Engineers, New York Aircraft delivered to customers with incorrectly case, paragraph (b) would apply and the
Certification Office, FAA, Engine and installed cascades (before awareness of operator would not need to modify the
Propeller Directorate, 1600 Stewart the incorrect cascade installation cascade per paragraph (e). In contrast, if
Avenue, suite 410, Westbury, New York occurred). Airplanes with S/N 10003, an operator was removing a cascade to
11590; telephone (516) 228–7331; fax 10004, and 10041 through 10116 were do an action on it or to replace the
(516) 794–5531. subject to a pre-delivery inspection to cascade with another cascade, then the
SUPPLEMENTARY INFORMATION: A ensure that the airplanes were delivered operator would be required to ensure
proposal to amend part 39 of the Federal with correctly configured cascades. that the cascade being installed has been
Aviation Regulations (14 CFR part 39) to However, those airplanes were modified in accordance with paragraph
include an airworthiness directive (AD) delivered with cascades that could be (e) and would not be permitted to only

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72362 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations

inspect for proper installation. The their airworthiness directive to mandate We are issuing this rulemaking under
modification in paragraph (e) is the same actions we specified in the authority described in Subtitle VII,
intended as a terminating action for the paragraph (d). On June 22, 2004, the Part A, Subpart III, section 44701,
inspections required by this AD. We TCCA issued a revised Canadian ‘‘General requirements.’’ Under that
have not changed the AD in this regard. airworthiness directive (CF–2002–30R1) section, Congress charges the FAA with
that added a requirement for the promoting safe flight of civil aircraft in
Parts Availability
modification that is the same as the air commerce by prescribing regulations
The commenter also states that spares actions of paragraph (d). We no longer for practices, methods, and procedures
are not readily available. The differ from the Canadian airworthiness the Administrator finds necessary for
commenter adds that the lead time directive. We have revised Note 3 of this safety in air commerce. This regulation
(order to delivery) for kits to modify the AD to refer to the revised Canadian is within the scope of that authority
thrust reverser cascades is 10 to 12 airworthiness directive. because it addresses an unsafe condition
weeks. We infer that the commenter that is likely to exist or develop on
wants the compliance time for the Conclusion
products identified in this rulemaking
modified parts required in paragraph (e) After careful review of the available action.
of this AD to be extended. data, including the comments noted
We agree to extend the compliance Regulatory Impact
above, the FAA has determined that air
time of paragraph (e) of this AD and safety and the public interest require the The regulations adopted herein will
have modified paragraph (e) to have a adoption of the rule with the changes not have a substantial direct effect on
compliance time of 90 days after the described previously. The FAA has the States, on the relationship between
effective date of this AD. We have determined that these changes will the national Government and the States,
evaluated the level of risk and have neither increase the economic burden or on the distribution of power and
determined that extending the on any operator nor increase the scope responsibilities among the various
compliance time for paragraph (e) of of the AD. levels of government. Therefore, it is
this AD will not adversely affect safety. determined that this final rule does not
Should it be necessary, paragraph (g) of Cost Impact
have federalism implications under
this AD provides operators the The FAA estimates that 102 airplanes Executive Order 13132.
opportunity to request an additional of U.S. registry will be affected by this For the reasons discussed above, I
extension of the compliance time if data AD. The average labor rate is $65 per certify that this action (1) is not a
(such as proof that parts have been work hour. ‘‘significant regulatory action’’ under
ordered) are presented to justify such an It will take approximately 1 work Executive Order 12866; (2) is not a
extension. hour per airplane to accomplish the ‘‘significant rule’’ under DOT
Request To Revise Reference in Note 2 inspection. Based on these figures, the Regulatory Policies and Procedures (44
cost impact of the inspection on U.S. FR 11034, February 26, 1979); and (3)
The commenter notes that the operators is estimated to be $6,630, or will not have a significant economic
Bombardier service bulletin reference in $65 per airplane, per inspection cycle. impact, positive or negative, on a
Note 2 is missing a ‘‘B’’ from the service substantial number of small entities
It will take approximately 6 work
bulletin number. under the criteria of the Regulatory
hours per airplane to accomplish the
We agree. We have changed the
modification. Based on these figures, the Flexibility Act. A final evaluation has
reference in Note 2 to correctly
cost impact of the rework on U.S. been prepared for this action and it is
reference the Bombardier service
operators is estimated to be $39,780, or contained in the Rules Docket. A copy
$390 per airplane. of it may be obtained from the Rules
Explanation of Change to Applicability The cost impact figures discussed Docket at the location provided under
We have revised the applicability of above are based on assumptions that no the caption ADDRESSES.
the existing AD to identify model operator has yet accomplished any of List of Subjects in 14 CFR Part 39
designations as published in the most the requirements of this AD action, and
recent type certificate data sheet for the that no operator would accomplish Air transportation, Aircraft, Aviation
affected models. those actions in the future if this AD safety, Incorporation by reference,
were not adopted. The cost impact Safety.
Clarification of Alternative Method of figures discussed in AD rulemaking
Compliance (AMOC) Paragraph Adoption of the Amendment
actions represent only the time
We have revised this action to clarify necessary to perform the specific actions ■ Accordingly, pursuant to the authority
the appropriate procedure for notifying actually required by the AD. These delegated to me by the Administrator,
the principal inspector before using any figures typically do not include the Federal Aviation Administration
approved AMOC on any airplane to incidental costs, such as the time amends part 39 of the Federal Aviation
which the AMOC applies. required to gain access and close up, Regulations (14 CFR part 39) as follows:
planning time, or time necessitated by
Clarification of Previous Difference other administrative actions. PART 39—AIRWORTHINESS
With the Canadian Airworthiness DIRECTIVES
Directive Authority for This Rulemaking
In the NPRM, we differed from the Title 49 of the United States Code ■ 1. The authority citation for part 39
Canadian airworthiness directive specifies the FAA’s authority to issue continues to read as follows:
available at that time (CF–2002–30, rules on aviation safety. Subtitle I, Authority: 49 U.S.C. 106(g), 40113, 44701.
dated May 22, 2002) and proposed section 106, describes the authority of
§ 39.13 [Amended]
requiring the modification actions in the FAA Administrator. Subtitle VII,
paragraph (d) of this AD. We also noted Aviation Programs, describes in more ■ 2. Section 39.13 is amended by adding
that Transport Canada Civil Aviation detail the scope of the Agency’s the following new airworthiness
(TCCA) was considering superseding authority. directive:

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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Rules and Regulations 72363

2005–24–12 Bombardier, Inc (Formerly Parts Installation DEPARTMENT OF TRANSPORTATION

Canadair): Amendment 39–14392. (e) Except as provided by paragraphs (b)
Docket No. 2003–NM–46–AD. and (c) of this AD, within 90 days after the Federal Aviation Administration
Applicability: Model CL–600–2C10 effective date of this AD, no person may
(Regional Jet Series 700, 701, & 702) install on any airplane a thrust reverser 14 CFR Part 39
airplanes, serial numbers 10003 through cascade with powerplant system, serial
10116 inclusive, certificated in any category. numbers PS0003 through PS0116 inclusive, [Docket No. FAA–2005–22033; Directorate
Compliance: Required as indicated, unless Identifier 2004–NM–218–AD; Amendment
left- and right-hand, unless it has been
accomplished previously. 39–14391; AD 2005–24–11]
reworked per Bombardier Service Bulletin
To prevent asymmetric reverse thrust and 670BA–78–003, dated January 22, 2004. RIN 2120–AA64
consequent loss of control of the airplane
during reverse thrust operation, accomplish Previous Actions
Airworthiness Directives; Empresa
the following: (f) Inspections accomplished before the Brasileira de Aeronautica S.A.
effective date of this AD per Bombardier (EMBRAER) Model EMB–135 Airplanes
Alert Service Bulletin A670BA–78–001,
(a) For airplanes with serial numbers 10005
and Model EMB–145, –145ER, –145MR,
dated April 19, 2002, are considered
through 10040 inclusive: Within 72 flight acceptable for compliance with paragraphs
–145LR, –145XR, –145MP, and –145EP
hours or 30 days from the effective date of (a) and (b) of this AD. Airplanes
the AD, whichever occurs first, perform a AGENCY: Federal Aviation
general visual inspection of the thrust Alternative Methods of Compliance
(AMOCs) Administration (FAA), Department of
reverser cascades for correct installation, per
the Accomplishment Instructions of (g)(1) In accordance with 14 CFR 39.19, the Transportation (DOT).
Bombardier Alert Service Bulletin A670BA– Manager, New York Aircraft Certification ACTION: Final rule.
78–001, Revision A, dated April 23, 2002. Office, FAA, is authorized to approve
AMOCs for this AD. SUMMARY: The FAA is superseding an
Note 1: For the purposes of this AD, a
(2) Before using any AMOC approved in existing airworthiness directive (AD)
general visual inspection is defined as: ‘‘A
visual examination of an interior or exterior accordance with § 39.19 on any airplane to that applies to certain EMBRAER Model
area, installation, or assembly to detect which the AMOC applies, notify the EMB–135 and Model EMB–145 series
obvious damage, failure, or irregularity. This appropriate principal inspector in the FAA airplanes. The existing AD currently
level of inspection is made from within Flight Standards Certificate Holding District requires repetitive inspections of the
touching distance unless otherwise specified. Office. spring cartridges of the elevator gust
A mirror may be necessary to enhance visual Incorporation by Reference lock system to determine if the lock
access to all exposed surfaces in the washer projection correctly fits the slots
inspection area. This level of inspection is (h) Unless otherwise specified in this AD,
the actions must be done in accordance with
in the cartridge flange, and corrective
made under normally available lighting action if necessary. The existing AD also
conditions such as daylight, hangar lighting, Bombardier Alert Service Bulletin A670BA–
78–001, Revision A, dated April 23, 2002; provides for optional terminating action
flashlight, or droplight and may require for the repetitive inspections for certain
removal or opening of access panels or doors. and Bombardier Service Bulletin 670BA–78–
003, dated January 22, 2004; as applicable. airplanes. This AD retains the
Stands, ladders, or platforms may be required
to gain proximity to the area being checked.’’ This incorporation by reference was requirements of the existing AD and
approved by the Director of the Federal adds a requirement for final terminating
Repetitive Inspections for Certain Airplanes Register in accordance with 5 U.S.C. 552(a) action for all affected airplanes. This AD
and 1 CFR part 51. To get copies of this results from reports of an improperly
(b) For airplanes with serial numbers
service information, contact Bombardier, fitting lock washer causing the clevis of
10003 through 10116 inclusive: Each time
Inc., Canadair, Aerospace Group, P.O. Box
the thrust reverser cascade is removed and the spring cartridge in the
6087, Station Centre-ville, Montreal, Quebec
reinstalled, perform the action specified in
H3C 3G9, Canada. To inspect copies of this electromechanical elevator gust lock
paragraph (a) of this AD. system to become unscrewed. We are
service information, go to the FAA, Transport
Corrective Action Airplane Directorate, 1601 Lind Avenue, issuing this AD to prevent the
SW., Renton, Washington; or to the FAA, unscrewing of the spring cartridge clevis
(c) If any thrust reverser cascade is found
New York Aircraft Certification Office, 1600 from jamming the elevator, which could
to be incorrectly installed during any
inspection required by paragraph (a) or (b) of
Stewart Avenue, suite 410, Westbury, New lead to reduced controllability of the
York; or to the National Archives and airplane.
this AD, before further flight, remove and
Records Administration (NARA). For
reinstall the cascade in the correct location, DATES: This AD becomes effective
information on the availability of this
per the Accomplishment Instructions of January 9, 2006.
material at the NARA, call (202) 741–6030,
Bombardier Alert Service Bulletin A670BA– The Director of the Federal Register
or go to http://www.archives.gov/
78–001, Revision A, dated April 23, 2002. approved the incorporation by reference
Terminating Action ibr_locations.html. of certain publications listed in the AD
(d) Within 6,000 flight hours from the Note 3: The subject of this AD is addressed as of January 9, 2006.
effective date of the AD, rework the thrust in Canadian airworthiness directive CF– On May 14, 2003 (68 FR 22585, April
reverser cascades by accomplishing all the 2002–30R1, dated June 22, 2004. 29, 2003), the Director of the Federal
actions in the Accomplishment Instructions Register approved the incorporation by
of Bombardier Service Bulletin 670BA–78– Effective Date reference of EMBRAER Service Bulletin
003, dated January 22, 2004. (i) This amendment becomes effective on 145–27–0098, dated December 9, 2002;
Accomplishment of the rework terminates January 9, 2006. and EMBRAER Service Bulletin
the requirements of paragraphs (a) and (b) of Issued in Renton, Washington, on 145LEG–27–0006, dated December 9,
this AD. November 18, 2005. 2002.
Note 2: Bombardier Service Bulletin Kalene C. Yanamura,
670BA–78–003, references GE Aircraft ADDRESSES: You may examine the AD
Engines Service Bulletin 670GE–78–008, Acting Manager, Transport Airplane docket on the Internet at http://
dated December 17, 2003, as an additional Directorate, Aircraft Certification Service. dms.dot.gov or in person at the Docket
source of service information for the [FR Doc. 05–23511 Filed 12–2–05; 8:45 am] Management Facility, U.S. Department
accomplishment of the rework. BILLING CODE 4910–13–P of Transportation, 400 Seventh Street

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