[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Rules and Regulations]
[Pages 7789-7792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3262]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0130; Directorate Identifier 2008-NM-225-AD; 
Amendment 39-15817; AD 2009-04-11]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) 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 have 
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).
* * * * *
    The unsafe condition is 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 March 9, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 9, 
2009.
    We must receive comments on this AD by March 23, 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, 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

    The Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2008-35, dated December 22, 2008 (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 have 
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.

The unsafe condition is 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 601R-27-153, Revision A, 
dated December 16, 2008. 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

[[Page 7790]]

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. 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-2009-0130; Directorate 
Identifier 2008-NM-225-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:

2009-04-11 Bombardier, Inc. (Formerly Canadair): Amendment 39-15817. 
Docket No. FAA-2009-0130; Directorate Identifier 2008-NM-225-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 9, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, serial number 7003 and subsequent, 
certificated in any category, that are equipped with Thales angle of 
attack (AOA) transducers having part number 45150340 or 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 have 
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.

The unsafe condition is reduced controllability of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For airplanes equipped with a transducer having accumulated 
more than 7,500 total flight hours as of the effective date of this 
AD: Within 250 flight hours after the effective date of this AD, 
measure the inrush current of both AOA transducers in accordance 
with Part A of the Accomplishment Instructions of Bombardier Service 
Bulletin 601R-27-153, Revision A, dated December 16, 2008.
    (i) If both AOA transducers are found to have an inrush current 
of 1.60 amps or more, repeat the measurement thereafter at intervals 
not to exceed the applicable interval specified in Table 1 of this 
AD. Do the measurement in accordance with Part A of the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.

[[Page 7791]]



                Table 1--Repetitive Measurement Intervals
------------------------------------------------------------------------
 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.
------------------------------------------------------------------------

    (ii) If one AOA transducer is found to have an inrush current 
below 1.60 amps, and the other AOA transducer is found to have an 
inrush current of 1.60 amps or more: Do the actions required by 
paragraphs (f)(1)(ii)(A) and (f)(1)(ii)(B) of this AD.
    (A) For the AOA transducer having an inrush current of 1.60 amps 
or more: Repeat the measurement thereafter at intervals not to 
exceed the applicable interval specified in Table 1 of this AD. Do 
the measurement in accordance with Part A of the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-27-153, Revision A, 
dated December 16, 2008.
    (B) For the AOA transducer having an inrush current below 1.60 
amps (``degraded'' transducer): Within 1,000 flight hours after the 
effective date of this AD, replace that transducer in accordance 
with Part C of the Accomplishment Instructions of Bombardier Service 
Bulletin 601R-27-153, Revision A, dated December 16, 2008. At the 
applicable time specified in Table 1 of this AD if the degraded 
transducer was replaced with a serviceable transducer, or within 
2,000 flight hours after replacement if the degraded transducer was 
replaced with a new transducer, do the measurement for that 
replacement transducer and repeat the measurements thereafter at 
intervals not to exceed the applicable interval specified in Table 1 
of this AD. Do the measurement in accordance with Part A of the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.
    (iii) If both AOA transducers are found to have an inrush 
current below 1.60 amps, do the action specified in paragraph 
(f)(1)(iii)(A) or (f)(1)(iii)(B) of this AD.
    (A) Before further flight, replace one of the degraded AOA 
transducers with a new or serviceable transducer; and replace the 
other degraded transducer with a new or serviceable transducer 
within 1,000 flight hours after the measurement required by 
paragraph (f)(1) of this AD; in accordance with Part C of the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008. At the applicable time 
specified in Table 1 of this AD, if the degraded transducer was 
replaced with a serviceable transducer; or within 2,000 flight hours 
after replacement if the degraded transducer was replaced with a new 
transducer: Do the measurement for that replacement transducer and 
repeat the measurement thereafter at intervals not to exceed the 
applicable interval specified in Table 1 of this AD. Do the 
measurements in accordance with Part A of the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-27-153, Revision A, 
dated December 16, 2008.
    (B) Within 1,000 flight hours after the measurement required by 
paragraph (f) of this AD, replace both degraded AOA transducers with 
new or serviceable transducers in accordance with Part C of the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008. Until the replacement is 
done, dispatch with two degraded AOA transducers is allowed, 
provided that the applicable Limitations section of the airplane 
flight manual (AFM) is revised to include the following statement or 
a copy of this AD is inserted into the applicable Limitations 
section of the AFM.
    ``Dispatch is allowed if:
    (a) Operations are not conducted in visible moisture (including 
standing water and slush) in any form,
    (b) Operations are not conducted in known or forecast icing 
conditions,
    (c) Both Ice Detection Systems are operative; and,
    (d) Operations are conducted in day VMC conditions only.''
    After the replacement has been accomplished, the statement or 
the copy of this AD may be removed from the AFM. At the applicable 
time specified in Table 1 of this AD, if the degraded transducer was 
replaced with a serviceable transducer; or within 2,000 flight hours 
after replacement with a new transducer: Do the measurement for that 
replacement transducer and repeat the measurement thereafter at 
intervals not to exceed the applicable interval specified in Table 1 
of this AD. Do the measurement in accordance with Part A of 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.
    (2) If, during any repetitive measurement required by paragraphs 
(f)(1)(i), (f)(1)(ii), and (f)(1)(iii) of this AD, any AOA 
transducer is found to have an inrush current below 1.60 amps, 
before further flight, replace that transducer in accordance with 
Part C of the Accomplishment Instructions of Bombardier Service 
Bulletin 601R-27-153, Revision A, dated December 16, 2008. At the 
applicable time specified in Table 1 of this AD, if the degraded 
transducer was replaced with a serviceable transducer; or within 
2,000 flight hours after replacement if the degraded transducer was 
replaced with a new transducer: Do the measurement for that 
replacement transducer as specified in paragraph (f)(1)(ii)(B) of 
this AD and repeat the measurement thereafter at intervals not to 
exceed the applicable interval specified in Table 1 of this AD.
    (3) Actions done before the effective date of this AD in 
accordance with Bombardier Service Bulletin 601R-27-153, dated 
October 17, 2008, are acceptable for compliance with the 
corresponding requirements of paragraphs (f)(1) and (f)(2) of this 
AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: This AD does not require the following actions specified 
in the MCAI: the one-time inspection for serial numbers and on-
condition replacement in Paragraph 1. of the MCAI, and the initial 
inspection compliance times for transducers with 7,500 or fewer 
flight hours as of the effective date of this AD in Paragraph 2. of 
the MCAI. The planned compliance times for those actions 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, 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. Before using any approved AMOC on any airplane to which the 
AMOC applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector, as appropriate, or lacking a principal 
inspector, your local Flight Standards District Office.
    (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

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2008-35, 
dated December 22, 2008; and Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008; for related information.

[[Page 7792]]

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 601R-27-153, 
Revision A, dated December 16, 2008, 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 Cote-Vertu Road West, Dorval, Quebec 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 February 5, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-3262 Filed 2-19-09; 8:45 am]
BILLING CODE 4910-13-P