[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Rules and Regulations]
[Pages 4129-4131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0625; Directorate Identifier 2008-NM-069-AD; 
Amendment 39-15789; AD 2009-01-10]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700, 701, and 702) Airplanes; CL-600-2D15 (Regional Jet 
Series 705) Airplanes; and CL-600-2D24 (Regional Jet Series 900) 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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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:

    During a pre-delivery flight of a CL-600-2C10 aircraft, the AC 
essential bus did not come on-line following deployment of the Air 
Driven Generator (ADG). Following investigation, it was determined 
that a specific batch of contactors in the ADG Power Center (ADGPC) 
is susceptible to failure due to low contact pressure. * * *

The unsafe condition is a malfunction of the emergency AC generation 
and control system that supplies emergency AC power to essential flight 
instruments, including the flap and slat system, pitch trim system, and 
hydraulic pump 3B. Loss of essential flight instruments could prevent 
continued safe flight and landing of the airplane. We are issuing this 
AD to require actions to correct the unsafe condition on these 
products.

DATES: This AD becomes effective February 27, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 27, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Wing Chan, 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) 228-7311; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on June 9, 2008 (73 FR 
32493). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During a pre-delivery flight of a CL-600-2C10 aircraft, the AC 
essential bus did not come on-line following deployment of the Air 
Driven Generator (ADG). Following investigation, it was determined 
that a specific batch of contactors in the ADG Power Center (ADGPC) 
is susceptible to failure due to low contact pressure. This 
directive mandates inspection of the ADGPC and replacement of any 
contactors in the suspect batch. It also prohibits future 
installation of ADGPCs and contactors that have not been inspected 
per this directive.

The unsafe condition is a malfunction of the emergency AC generation 
and control system that supplies emergency AC power to essential flight 
instruments, including the flap and slat system, pitch trim system, and 
hydraulic pump 3B. Loss of essential flight instruments could prevent 
continued safe flight and landing of the airplane. You may obtain 
further information by examining the MCAI in the AD docket.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received from a single commenter.

Request To Reduce Compliance Time

    The Air Line Pilots Association (ALPA) supports the intent of the 
NPRM, but recommends that the compliance time allowed for the proposed 
actions be shortened from 24 months to 3 months. ALPA states that 
although its review of available fleet data did not reveal any 
incidents of full electrical failures in Bombardier airplanes, the ADG 
is the only remaining source of electrical power sustaining the 
batteries and flight-critical electrical systems if all other 
generators fail or are unavailable. ALPA adds that, under certain 
circumstances, there are procedures for deferring activation of an 
engine-driven or auxiliary power unit (APU) generator; however, the ADG 
is a non-deferrable item. ALPA notes that, given the potential 
consequences of a full electrical system failure, particularly in the 
low visibility weather conditions in which these airplanes routinely 
operate, the compliance time should be reduced.
    We do not agree to reduce the compliance time specified in 
paragraph (f)(1) of this AD. In developing the compliance time for this 
AD action, we considered not only the safety implications of the 
identified unsafe condition, but the average utilization rate of the 
affected fleet, the practical aspects of an orderly inspection of the 
fleet during regular maintenance periods, and the availability of 
replacement parts. In addition, we also considered the manufacturer's 
recommendation for an appropriate compliance time. After considering 
all the available information, we determined that performing the 
actions within 5,000 flight hours or 24 months, whichever occurs first, 
represents an appropriate interval of time in which the required 
actions can be performed in a timely manner within the affected fleet, 
while still maintaining an adequate level of safety. We have made no 
change to the AD in this regard.

[[Page 4130]]

Request To Limit Special Flight Permit

    ALPA also recommends that no flights be allowed with a non-
operating engine-driven or APU generator unless the AD has been 
complied with.
    We do not agree to limit flights as ALPA recommends. In the event 
of failure of an ADG and one engine driven generator (EDG), the 
airplane can be powered by one EDG and the APU generator. If both the 
ADG and APU generator fail, the airplane AC buses can be powered by 
both EDGs. Based on these factors, we have determined that such a 
limitation is not necessary. We have not changed the AD in this regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

Differences Between This 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 our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 306 products of U.S. registry. 
We also estimate that it will take about 9 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will cost about $0 per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these parts. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of this AD to the U.S. operators 
to be $220,320, or $720 per product.

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.

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 the NPRM, 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.

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:

2009-01-10 Bombardier, Inc. (Formerly Canadair): Amendment 39-15789. 
Docket No. FAA-2008-0625; Directorate Identifier 2008-NM-069-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
27, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2C10 (Regional 
Jet Series 700, 701, & 702) airplanes, serial numbers 10004 and 
subsequent; Model CL-600-2D15 (Regional Jet Series 705) airplanes 
and Model CL-600-2D24 (Regional Jet Series 900) airplanes, serial 
numbers 15002 and subsequent; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 24: 
Electrical power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    ``During a pre-delivery flight of a CL-600-2C10 aircraft, the AC 
essential bus did not come on-line following deployment of the Air 
Driven Generator (ADG). Following investigation, it was determined 
that a specific batch of contactors in the ADG Power Center (ADGPC) 
is susceptible to failure due to low contact pressure. This 
directive mandates inspection of the ADGPC and replacement of any 
contactors in the suspect batch. It also prohibits future 
installation of ADGPCs and contactors that have not been inspected 
per this directive.''

The unsafe condition is malfunction of the emergency AC generation 
and control system that supplies emergency AC power to essential 
flight instruments, including the flap and slat system, pitch trim 
system, and hydraulic pump 3B. Loss of essential flight instruments 
could prevent continued safe flight and landing of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For Model CL-600-2C10 airplanes having serial numbers 10004 
through 10265, and Model CL-600-2D15 and CL-600-2D24 airplanes 
having serial numbers 15002 through 15162: Within 5,000 flight hours 
or 24 months after the effective date of this AD, whichever occurs 
first, inspect for the serial number of the installed ADGPC and, as

[[Page 4131]]

applicable, for the serial numbers of installed contactors K117, 
K147 and K153, in accordance with Part A of the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-24-021, Revision 
A, dated December 11, 2006. If the serial number of the ADGPC is in 
the range 134 through 250, and any installed contactor has a serial 
number in the range 411 through 777, before further flight, replace 
the affected contactor in accordance with Part B of Bombardier 
Service Bulletin 670BA-24-021, Revision A, dated December 11, 2006.
    (2) Previous inspection of the ADGPC, and replacement of 
contactors, before the effective date of this AD, in accordance with 
Bombardier Service Bulletin 670BA-24-021, dated May 30, 2005, meets 
the requirements of paragraphs (f)(1) of this AD if the ADGPC has 
not been replaced since accomplishment of Bombardier Service 
Bulletin 670BA-24-021, Revision A, dated December 11, 2006.
    (3) A review of the aircraft maintenance records to determine 
the ADGPC and contactor serial numbers also meets the inspection 
requirements of paragraph (f)(1) of this AD.

Parts Installation

    (g) As of the effective date of this AD: No replacement/spare 
ADGPC having part number 781GA01Y00, with a serial number in the 
range 134 through 250, is permitted to be installed on any aircraft, 
unless the ADGPC has been modified according to paragraph (f)(1) of 
this AD.
    (h) As of the effective date of this AD: No replacement/spare 
ADGPC contactor having part number 995CA01Y00, with a serial number 
in the range 411 through 777, is permitted to be installed on any 
aircraft, unless the ADGPC contactor is identified with two labels, 
as specified in Zodiac ECE Service Bulletin 995CA01Y-24-001, dated 
May 3, 2005.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (i) 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, Systems 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 
appropriate principal inspector (PI) in the FAA Flight Standards 
District Office (FSDO), or lacking a PI, your local FSDO.
    (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, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2008-14, 
dated February 19, 2008; Bombardier Service Bulletin 670BA-24-021, 
Revision A, dated December 11, 2006; and Zodiac ECE Service Bulletin 
995CA01Y-24-001, dated May 3, 2005; for related information.

Material Incorporated by Reference

    (k) You must use Bombardier Service Bulletin 670BA-24-021, 
Revision A, dated December 11, 2006; and Zodiac ECE Service Bulletin 
995CA01Y-24-001, dated May 3, 2005; as applicable; 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 that is 
incorporated by reference 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 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 December 18, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
 [FR Doc. E9-28 Filed 1-22-09; 8:45 am]
BILLING CODE 4910-13-P