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 reverser cascades to add locating spigots The commenter states that the cost Model CL–600–2C10 (Regional Jet (metal protrusions) to each cascade; as impact statements do not reflect those in Series 700, 701, & 702) Airplanes applicable. the referenced service bulletins. We AGENCY: infer that the commenter requests that Federal Aviation Comments Administration (FAA), Department of the cost estimates be revised. Transportation (DOT). Interested persons have been afforded We partially agree to revise the cost impact statement. We erroneously stated ACTION: Final rule. an opportunity to participate in the 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 CL–600–2C10 (Regional Jet Series 700, modification. However, we do not agree (b) of the Proposed AD 701, & 702) airplanes, that requires an to revise the cost estimate for the 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. We agree that clarification may be This action is intended to address the Request To Delete Paragraph (e) of This needed. We intended only for the identified unsafe condition. AD corresponding nacelle or for the DATES: Effective January 9, 2006. The commenter states that due to the The incorporation by reference of individual cascade to be inspected for amount of work hours involved in certain publications listed in the correct installation when a cascade is modifying the cascades, the regulations is approved by the Director removed and reinstalled. We have not applicability of paragraph (e) of the of the Federal Register as of January 9, changed the AD in this regard. 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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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 Conclusion wants the compliance time for the 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 Regulatory Impact We agree to extend the compliance 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 Cost Impact Should it be necessary, paragraph (g) of 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 It will take approximately 6 work substantial number of small entities bulletin number. hours per airplane to accomplish the under the criteria of the Regulatory 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 bulletin. $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 Adoption of the Amendment Compliance (AMOC) Paragraph actions represent only the time We have revised this action to clarify necessary to perform the specific actions I 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 I 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 I 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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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 [Docket No. FAA–2005–22033; Directorate 10116 inclusive, certificated in any category. numbers PS0003 through PS0116 inclusive, Identifier 2004–NM–218–AD; Amendment Compliance: Required as indicated, unless left- and right-hand, unless it has been 39–14391; AD 2005–24–11] accomplished previously. 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 Inspection (EMBRAER) Model EMB–135 Airplanes Alert Service Bulletin A670BA–78–001, and Model EMB–145, –145ER, –145MR, (a) For airplanes with serial numbers 10005 dated April 19, 2002, are considered –145LR, –145XR, –145MP, and –145EP through 10040 inclusive: Within 72 flight acceptable for compliance with paragraphs hours or 30 days from the effective date of (a) and (b) of this AD. Airplanes the AD, whichever occurs first, perform a Alternative Methods of Compliance AGENCY: Federal Aviation general visual inspection of the thrust Administration (FAA), Department of reverser cascades for correct installation, per (AMOCs) 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 existing airworthiness directive (AD) general visual inspection is defined as: ‘‘A (2) Before using any AMOC approved in 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 (h) Unless otherwise specified in this AD, inspection area. This level of inspection is in the cartridge flange, and corrective made under normally available lighting the actions must be done in accordance with Bombardier Alert Service Bulletin A670BA– action if necessary. The existing AD also conditions such as daylight, hangar lighting, provides for optional terminating action flashlight, or droplight and may require 78–001, Revision A, dated April 23, 2002; and Bombardier Service Bulletin 670BA–78– for the repetitive inspections for certain removal or opening of access panels or doors. airplanes. This AD retains the Stands, ladders, or platforms may be required 003, dated January 22, 2004; as applicable. 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 (b) For airplanes with serial numbers results from reports of an improperly service information, contact Bombardier, 10003 through 10116 inclusive: Each time fitting lock washer causing the clevis of 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. service information, go to the FAA, Transport system to become unscrewed. We are 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 Stewart Avenue, suite 410, Westbury, New inspection required by paragraph (a) or (b) of lead to reduced controllability of the York; or to the National Archives and this AD, before further flight, remove and airplane. Records Administration (NARA). For reinstall the cascade in the correct location, information on the availability of this DATES: This AD becomes effective per the Accomplishment Instructions of material at the NARA, call (202) 741–6030, January 9, 2006. Bombardier Alert Service Bulletin A670BA– or go to http://www.archives.gov/ The Director of the Federal Register 78–001, Revision A, dated April 23, 2002. federal_register/code_of_federal_regulations/ 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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