[Federal Register Volume 74, Number 90 (Tuesday, May 12, 2009)]
[Proposed Rules]
[Pages 22123-22125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10992]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0436; Directorate Identifier 2009-NM-005-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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: Frost, snow, slush or ice on the wing leading edges and 
upper wing surfaces may change the stall speeds, stall characteristics 
and the protection provided by the stall protection system, which could 
result in reduced controllability of the aircraft. The proposed AD 
would require actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: We must receive comments on this proposed AD by June 11, 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.
    For service information identified in this proposed 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. You 
may review copies of the referenced 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.

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 proposed 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: Bruce Valentine, 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) 228-7328; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0436; 
Directorate Identifier 2009-NM-005-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 proposed AD.

[[Page 22124]]

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2005-02, dated February 2, 2005 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:


    Frost, snow, slush or ice on the wing leading edges and upper 
wing surfaces may change the stall speeds, stall characteristics and 
the protection provided by the stall protection system, which could 
result in reduced controllability of the aircraft.
    Transport Canada has * * * approved temporary revisions to the 
Aircraft Flight Manuals (AFM), which emphasize the cold weather 
operational requirements to ensure that the wing leading edges and 
upper wing surfaces are free from frost, snow, slush or ice.

    The corrective action is revising the AFMs to introduce procedures 
for cold weather operations. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Temporary Revision RJ 900/48-3, dated August 
19, 2008, to the Canadair Regional Jet Series 900 Airplane Flight 
Manual (AFM), CSP C-012; and Temporary Revision RJ 700/87-3, dated 
August 19, 2008, to the Canadair Regional Jet Series 700 and 701 AFM, 
CSP B-012. 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 Proposed 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 proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

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 proposed 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 proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 336 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $26,880, or $80 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
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 proposed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 AD:

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2009-0436; 
Directorate Identifier 2009-NM-005-AD.

Comments Due Date

    (a) We must receive comments by June 11, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model CL-600-2C10 
(Regional Jet Series 700 and 701) airplanes and CL-600-2D24 
(Regional Jet Series 900) airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
Frost, snow, slush or ice on the wing leading edges and upper wing 
surfaces may change the stall speeds, stall characteristics and the 
protection provided by the stall protection system, which could 
result in reduced controllability of the aircraft.
    Transport Canada has * * * approved temporary revisions to the 
Aircraft Flight Manuals (AFM), which emphasize the cold weather 
operational requirements to ensure that the wing leading edges and 
upper wing surfaces are free from frost, snow, slush or ice.
    The corrective action is revising the AFMs to introduce 
procedures for cold weather operations.

Actions and Compliance

    (f) Unless already done, within 14 days after the effective date 
of this AD, revise the Limitations--Operating Limitations sections

[[Page 22125]]

of the Canadair Regional Jet Series 900 Airplane Flight Manual 
(AFM), CSP C-012, and the Canadair Regional Jet Series 700 and 701 
AFM, CSP B-012, to include the information in Bombardier Temporary 
Revision (TR) RJ 900/48-3, dated August 19, 2008, and TR RJ 700/87-
3, dated August 19, 2008, as specified in the TRs, as applicable. 
These TRs introduce procedures for cold weather operations to ensure 
that the wing leading edges and upper wing surfaces are free from 
frost, snow, slush or ice. Operate the airplane according to the 
limitations and procedures in the TRs.

    Note 1: This may be done by inserting copies of Bombardier TR RJ 
700/87-3 and TR RJ 900/48-3 into the applicable AFM. When these TRs 
have been included in general revisions of the applicable AFM, the 
general revisions may be inserted into the AFM, provided the 
relevant information in the general revision is identical to the 
applicable AFM.

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: Bruce Valentine, 
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) 228-7328; 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, 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-2005-02 
dated February 2, 2005; Bombardier TR RJ 700/87-3, dated August 19, 
2008; and Bombardier TR RJ 900/48-3, dated August 19, 2008; for 
related information.

    Issued in Renton, Washington, on May 1, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-10992 Filed 5-11-09; 8:45 am]
BILLING CODE 4910-13-P