[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Rules and Regulations]
[Pages 13086-13089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6221]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0521; Directorate Identifier 2008-NM-040-AD; 
Amendment 39-15854; AD 2009-06-17]
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.

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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:

    Following in-flight test deployments, several Air-Driven 
generators (ADGs) failed to come on-line. Investigation revealed 
that, as a result of a wiring anomaly that had not been detected 
during ADG manufacture, a short circuit was possible between certain 
internal wires and their metallic over-braided shields, which could 
result in the ADG not providing power when deployed. * * *

The unsafe condition is that failure of the ADG could lead to loss of 
several functions essential for safe flight. We are issuing this AD to 
require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective April 30, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 30, 
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: Fabio Buttitta, Aerospace Engineer, 
Airframe & Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7303; 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 May 7, 2008 (73 FR 
25612). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Following in-flight test deployments, several Air-Driven 
generators (ADGs) failed to come on-line. Investigation revealed 
that, as a result of a wiring anomaly that had not been detected 
during ADG manufacture, a short circuit was possible between certain 
internal wires and their metallic over-braided shields, which could 
result in the ADG not providing power when deployed. This

[[Page 13087]]

directive mandates checking of the ADG and modification of the ADG 
internal wiring, if required. It also prohibits future installation 
of unmodified ADGs.

The unsafe condition is that failure of the ADG could lead to loss of 
several functions essential for safe flight. You may obtain further 
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Extend Compliance Time for Inspecting the Identification 
Plate

    Comair requests that we change the compliance time specified in 
paragraph (f)(1)(ii) of the NPRM to remove the ``before further 
flight'' phrase. Comair states that it has already reviewed its 
maintenance records and found that affected ADGs are installed on its 
fleet. Since the review was performed before the effective date of the 
AD, it is not clear when Comair would be required to inspect the ADG 
identification plate. Comair suggests a compliance time of 12 months 
after the effective date of the AD.
    We agree to change the compliance time. The intent of the AD is to 
inspect and modify the ADG wiring within 12 months after the effective 
date of the AD. We have revised the compliance time of paragraph 
(f)(1)(ii) of this AD accordingly.

Request To Shorten Compliance Time and Restrict Dispatch Conditions

    Air Line Pilots Association, International (ALPA), requests that 
the compliance time be shortened from 12 months to 3 months. ALPA 
states that although its review 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. In addition, ALPA states there are procedures for 
deferring an engine-driven or APU generator under certain 
circumstances, but the ADG is a non-deferrable item. ALPA recommends 
that, given the potential consequences of a full electrical system 
failure, particularly in low visibility weather conditions in which 
these airplanes routinely operate, we shorten the compliance time to 3 
months. ALPA also recommends that no flights be allowed with a non-
operating engine-driven or APU generator unless this AD has been 
complied with.
    We do not agree to shorten the compliance time. We have considered 
the risks (probability of dual engine shutdown due to a common cause 
and total loss of electrical power, including the emergency battery 
power) and have determined that a 12-month compliance time is 
appropriate. The issue of not allowing flights to be dispatched without 
an operational engine-driven or APU generator would be better addressed 
in the applicable Master Minimum Equipment List (MMEL). We are 
considering a revision to the MMEL for that issue. No change to the AD 
was made in this regard.

Request To Revise Applicability

    Air Wisconsin Airlines requests that the applicability section of 
the AD be revised to apply to the part and serial numbers of the ADG 
instead of the serial numbers of the airplanes. Air Wisconsin points 
out that the ADG is a rotable, serialized component which can be 
installed on any applicable airplane.
    We do not agree to revise the applicability. The serial number 
range for the airplane addresses airplanes on which the ADG was 
delivered and airplanes on which the ADG could be installed. Paragraph 
(f)(1) of this AD addresses airplanes that were delivered with ADGs 
installed, while paragraph (f)(2) of this AD addresses airplanes that 
ADGs could be installed on. We have not revised the AD in this regard.

Request To Revise Installation Criteria for Identification Plate

    Air Wisconsin requests that we revise a phrase in paragraph (f)(2) 
of this AD from ``* * * no ADG * * * may be installed * * * unless the 
identification plate of the ADG is identified with the symbol `24-2' '' 
to ``* * * no ADG * * * may be installed * * * unless the ADG has been 
modified in accordance with [Bombardier] SB 601R-24-113.'' Air 
Wisconsin considers that what is important is not that the data plate 
has been marked ``24-2'', but that the modification in the service 
bulletin is done. Part 121 operators have approved methods for showing 
compliance with ADs.
    We do not agree to revise the phrase in paragraph (f)(2) of this 
AD. Not all affected ADGs are installed on airplanes operated by Part 
121 operators. Bombardier Service Bulletin 601R-24-113, Revision A, 
dated August 11, 2005, refers to Hamilton Sundstrand Service Bulletin 
ERPS10AG-24-2, dated February 19, 2004, as a source of information for 
accomplishing the Bombardier service bulletin. The Hamilton Sundstrand 
service bulletin specifies that ADGs modified in accordance with that 
service bulletin should have ``24-2'' marked on the identification 
plates. We have not changed the AD in this regard.

Clarification

    We have revised paragraphs (f)(1)(i) and (f)(1)(ii)(A) of this AD 
from ``* * * by this AD.'' to ``* * * by this paragraph.'' to clarify 
that if the criteria in those paragraphs are met, no further actions 
are required by those paragraphs. The requirements of paragraph (f)(2) 
of this AD would still be in effect.
    We have removed reference to Hamilton Sundstrand Service Bulletin 
ERPS10AG-24-2, dated February 19, 2004, from paragraph (f)(2) of this 
AD. Instead, we have added Note 1 of this AD to include this 
information.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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 686 products of U.S. registry. 
We also estimate that it will take about 5 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 $274,400 or $400 per product.

[[Page 13088]]

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:

2009-06-17 Bombardier, Inc. (Formerly Canadair): Amendment 39-15854. 
Docket No. FAA-2008-0521; Directorate Identifier 2008-NM-040-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
30, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes; certificated in any category; 
having serial numbers (SNs) 7305 through 7990, and 8000 and 
subsequent.

Subject

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

Reason

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

    Following in-flight test deployments, several Air-Driven 
generators (ADGs) failed to come on-line. Investigation revealed 
that, as a result of a wiring anomaly that had not been detected 
during ADG manufacture, a short circuit was possible between certain 
internal wires and their metallic over-braided shields, which could 
result in the ADG not providing power when deployed. This directive 
mandates checking of the ADG and modification of the ADG internal 
wiring, if required. It also prohibits future installation of 
unmodified ADGs.

The unsafe condition is that failure of the ADG could lead to loss 
of several functions essential for safe flight.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes having serial number (SN) 7305 through 7990 
and 8000 through 8083: Within 12 months after the effective date of 
this AD, inspect the SN of the installed ADG. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
serial number of the ADG can be conclusively determined from that 
review.
    (i) If the serial number is not listed in paragraph 1.A of 
Bombardier Service Bulletin 601R-24-113, Revision A, dated August 
11, 2005, no further action is required by this paragraph.
    (ii) If the serial number is listed in paragraph 1.A of 
Bombardier Service Bulletin 601R-24-113, Revision A, dated August 
11, 2005, within 12 months after the effective date of this AD, 
inspect the ADG identification plate and, as applicable, do the 
actions of paragraph (f)(1)(ii)(A) or (f)(1)(ii)(B) of this AD.
    (A) If the identification plate is marked with the symbol ``24-
2,'' no further action is required by this paragraph.
    (B) If the identification plate is not marked with the symbol 
``24-2,'' modify the ADG wiring in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-24-
113, Revision A, dated August 11, 2005.
    (2) For airplanes having SN 7305 through 7990, and 8000 and 
subsequent: As of the effective date of this AD, no ADG as described 
in Table 1 of this AD may be installed on any airplane, unless the 
identification plate of the ADG is identified with the symbol ``24-
2.''

    Note 1: Bombardier Service Bulletin 601R-24-113, Revision A, 
dated August 11, 2005, refers to Hamilton Sundstrand Service 
Bulletin ERPS10AG-24-2, dated February 19, 2004, for further 
information on identifying the symbol ``24-2.''


                       Table 1--ADG Identification
------------------------------------------------------------------------
      ADG part number--                Having ADG serial number--
------------------------------------------------------------------------
604-90800-1 (761339C), 604-    0101 through 0132, 0134 through 0167,
 90800-17 (761339D), or 604-    0169 through 0358, 0360 through 0438,
 90800-19 (761339E).            0440 through 0456, 0458 through 0467,
                                0469, 0471 through 0590, 0592 through
                                0597, 0599 through 0745, 0747 through
                                1005, or 1400 through 1439.
------------------------------------------------------------------------

    (3) Actions done before the effective date of this AD according 
to Bombardier Service Bulletin 601R-24-113, dated April 22, 2004, 
are considered acceptable for compliance with the corresponding 
actions specified in this AD, provided the ADG has not been replaced 
since those actions were done.

[[Page 13089]]

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

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, 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: Fabio Buttitta, Aerospace 
Engineer, Airframe & Propulsion Branch, ANE-171, FAA, New York 
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone (516) 228-7303; 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

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2008-09, 
dated February 5, 2008; and Bombardier Service Bulletin 601R-24-113, 
Revision A, dated August 11, 2005; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 601R-24-113, 
Revision A, dated August 11, 2005, 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, Qubec 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 March 6, 2009.
Linda Navarro,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-6221 Filed 3-25-09; 8:45 am]
BILLING CODE 4910-13-P