[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Rules and Regulations]
[Pages 55767-55770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25917]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0998; Directorate Identifier 2009-NM-198-AD;
Amendment 39-16065; AD 2009-22-12]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional
Jet Series 700, 701 & 702) Airplanes, Model CL-600-2D15 (Regional Jet
Series 705) Airplanes, and Model CL-600-2D24 (Regional Jet Series 900)
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
The heating capability of several [angle of attack] AOA
transducer heating elements removed from in-service aircraft has
been found to be below the minimum requirement. Also, it was
discovered that a large number of AOA transducers repaired in an
approved maintenance facility were not calibrated accurately.
Inaccurate calibration of the AOA transducer and/or degraded AOA
transducer heating elements can result in early or late activation
of the stall warning, stick shaker and stick pusher by the Stall
Protection Computer (SPC).
* * * * *
Inaccurate calibration of the AOA transducers and/or degraded AOA
transducer heating elements could result in ineffective response to
aerodynamic stall and reduced controllability of the airplane. This AD
requires actions that are intended to address the unsafe condition
described in the MCAI.
DATES: This AD becomes effective November 13, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 13,
2009.
We must receive comments on this AD by December 14, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer,
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7311; fax (516) 794-5531.
[[Page 55768]]
SUPPLEMENTARY INFORMATION:
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-35, dated August 31, 2009 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
The heating capability of several [angle of attack] AOA
transducer heating elements removed from in-service aircraft has
been found to be below the minimum requirement. Also, it was
discovered that a large number of AOA transducers repaired in an
approved maintenance facility were not calibrated accurately.
Inaccurate calibration of the AOA transducer and/or degraded AOA
transducer heating elements can result in early or late activation
of the stall warning, stick shaker and stick pusher by the Stall
Protection Computer (SPC).
This [Canadian] directive mandates a periodic inspection of the
inrush current to verify the AOA heating capability and replacement
of the inaccurately calibrated AOA transducers.
Inaccurate calibration of the AOA transducers and/or degraded AOA
transducer heating elements could result in ineffective response to
aerodynamic stall and reduced controllability of the airplane. You may
obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
Bombardier has issued Service Bulletin 670BA-27-051, dated May 14,
2009. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
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 the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between the AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
risk of having a degraded transducer is higher with units that have
more than 7,500 total flight hours accumulated. Degraded AOA
transducers can result in inaccurate activation of the stall warning,
stick shaker, or stick pusher, which could result in ineffective
response to aerodynamic stall and reduced controllability of the
airplane. Therefore, we determined that notice and opportunity for
public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-0998; Directorate
Identifier 2009-NM-198-AD'' 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 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 this AD:
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.
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 FAA amends Sec. 39.13 by adding the following new AD:
2009-22-12 Bombardier, Inc. (Formerly Canadair): Amendment 39-16065.
[[Page 55769]]
Docket No. FAA-2009-0998; Directorate Identifier 2009-NM-198-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective November
13, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier Model CL-600-2C10 (Regional
Jet Series 700, 701 & 702) airplanes, Model CL-600-2D15 (Regional
Jet Series 705) airplanes, and Model CL-600-2D24 (Regional Jet
Series 900) airplanes; certificated in any category, that are
equipped with Thales angle of attack (AOA) transducers having part
number C16258AA.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
Controls.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
The heating capability of several [angle of attack] AOA
transducer heating elements removed from in-service aircraft has
been found to be below the minimum requirement. Also, it was
discovered that a large number of AOA transducers repaired in an
approved maintenance facility were not calibrated accurately.
Inaccurate calibration of the AOA transducer and/or degraded AOA
transducer heating elements can result in early or late activation
of the stall warning, stick shaker and stick pusher by the Stall
Protection Computer (SPC).
This [Canadian] directive mandates a periodic inspection of the
inrush current to verify the AOA heating capability and replacement
of the inaccurately calibrated AOA transducers.
Inaccurate calibration of the AOA transducers and/or degraded
AOA transducer heating elements could result in ineffective response
to aerodynamic stall and reduced controllability of the airplane.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within the applicable compliance times specified in Table 1
of this AD: Measure the inrush current of both AOA transducers, in
accordance with Part A of the Accomplishment Instructions of
Bombardier Service Bulletin 670BA-27-051, dated May 14, 2009.
Table 1--Initial Measurement
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For any AOA transducer that, as of the
effective date of this AD, has Do the initial inrush current
accumulated-- measurement--
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Less than 6,500 total flight hours..... Before the AOA transducer has
accumulated 7,500 total flight
hours.
More than or equal to 6,500 total Within 500 flight hours after
flight hours but less than 7,500 total the effective date of this AD
flight hours. but before the AOA transducer
has accumulated 8,000 total
flight hours.
More than or equal to 7,500 total Within 250 flight hours after
flight hours. the effective date of this AD.
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(2) If, during any measurement required by paragraph (f)(1) of
this AD, an AOA transducer is found to have an inrush current less
than 1.60 amps (``degraded'' transducer), before further flight
replace the transducer with a new or serviceable transducer, in
accordance with Part C of the Accomplishment Instructions of
Bombardier Service Bulletin 670BA-27-051, dated May 14, 2009. Do the
measurement specified in paragraph (f)(1) of this AD for that
replacement transducer at the times specified in (f)(2)(i) or
(f)(2)(ii) of this AD.
(i) At the applicable time specified in Table 2 of this AD if
the degraded transducer was replaced with a serviceable transducer
that is not new; or
(ii) Within 2,000 flight hours after replacement if the degraded
transducer was replaced with a new one.
(3) If, during any measurement required by paragraph (f)(1) of
this AD, an AOA transducer is found to have an inrush current more
than or equal to 1.60 amps, repeat the measurement specified in
paragraph (f)(1) of this AD thereafter at intervals not to exceed
the applicable interval specified in Table 2 of this AD.
Table 2--Repetitive Measurement Intervals
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If the last inrush current measurement
of the serviceable AOA transducer is-- Then repeat the measurement--
------------------------------------------------------------------------
More than or equal to 1.90 amps........ Within 2,000 flight hours after
the last measurement.
More than or equal to 1.80 amps but Within 1,500 flight hours after
less than 1.90 amps. the last measurement.
More than or equal to 1.70 amps but Within 1,000 flight hours after
less than 1.80 amps. the last measurement.
More than or equal to 1.60 amps but Within 500 flight hours after
less than 1.70 amps. the last measurement.
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FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: This AD does not require the one-time inspection for
serial numbers and on-condition replacement in Paragraph 1. of the
MCAI. The planned compliance times for this action would allow
enough time to provide notice and opportunity for prior public
comment on the merits of those actions. Therefore, we are
considering further rulemaking to address this issue.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): 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 Attn: Wing Chan, Aerospace
Engineer, Avionics and Flight Test Branch, ANE-172, FAA, New York
ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone (516) 228-7311; fax (516) 794-5531. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
principal maintenance inspector (PMI) or principal avionics
inspector (PAI), as appropriate, or lacking a principal inspector,
your local Flight Standards District Office. The AMOC approval
letter must specifically reference this AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(h) Refer to MCAI Canadian Airworthiness Directive CF-2009-35,
dated August 31, 2009; and Bombardier Service Bulletin 670BA-27-051,
dated May 14, 2009; for related information.
[[Page 55770]]
Material Incorporated by Reference
(i) You must use Bombardier Service Bulletin 670BA-27-051, dated
May 14, 2009, to do the actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; e-mail [email protected]; Internet http://www.bombardier.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on October 16, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-25917 Filed 10-28-09; 8:45 am]
BILLING CODE 4910-13-P