Transport Canada Civil Aviation, which is the airworthiness authority for Canada, notified the FAA that an unsafe condition may exist on certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. TCCA advises that a potential for failure of the secondary nut of the horizontal stabilizer trim actuator (HSTA), in conjunction with a latent failure of the HSTA primary load path, was discovered during HSTA sampling program activities. Failure of the HSTA secondary nut, in conjunction with a latent failure of the HSTA primary load path, if not corrected, could result in loss of horizontal trim control and consequent reduced controllability of the airplane.
Relevant Service Information
Bombardier has issued Canadair Regional Jet Temporary Revision 2A- 8, dated December 10, 2003, to the Canadair Regional Jet Maintenance Requirements Manual (MRM), CSP A-053, Appendix A, "Certification Maintenance Requirements." This temporary revision incorporates Task C27-42-103-01, "Detailed Inspection of the HSTA Secondary Load Path Indicator," into the MRM. TCCA mandated the temporary revision and issued Canadian airworthiness directive CF-2005-04, dated February 14, 2005, to ensure the continued airworthiness of these airplanes in Canada.
FAA's Determination and Requirements of This AD
This airplane model is manufactured in Canada and is type certificated for operation in the United States under the provisions of Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the TCCA has kept the FAA informed of the situation described above. We have examined the TCCA's findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States.
Therefore, we are issuing this AD to require revising the Airworthiness Limitations section of the Instructions for Continued Airworthiness of the Canadair Regional Jet MRM by incorporating new repetitive detailed inspections of the HSTA secondary load path indicator. This AD requires incorporating the actions specified in the temporary revision described previously into the Canadair Regional Jet MRM, except as discussed under "Difference Between the AD and Canadian Airworthiness Directive."
Difference Between the AD and Canadian Airworthiness Directive
The Canadian airworthiness directive gives operators credit for previously accomplished initial inspections of the HSTA secondary load path indicator done in accordance with Bombardier Alert Service Bulletin A601R-27-128, dated February 17, 2003; or Revision A, dated April 17, 2003. This AD also gives operators credit for initial inspections done before the effective date of this AD in accordance with Revision B of Bombardier Alert Service Bulletin A601R-27-128, dated March 2, 2005, which wasissued after the Canadian airworthiness directive was issued. This difference has been coordinated with TCCA.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this AD; therefore, providing notice and opportunity for public comment before the AD is issued is impracticable, and good cause exists to make this AD effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include "Docket No. FAA-2005-21204; Directorate Identifier 2005-NM-078-AD" at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of our docket web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You can review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or you can visit http://dms.dot.gov.
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 detailthe 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. 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 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS 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 FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD):