[Federal Register Volume 74, Number 92 (Thursday, May 14, 2009)]
[Rules and Regulations]
[Pages 22646-22649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11139]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0448; Directorate Identifier 2009-NM-052-AD; 
Amendment 39-15906; AD 2009-10-10]
RIN 2120-AA64


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

    During testing, it was discovered that when the outflow valve 
(OFV) manual mode connector is not connected, the manual mode motor 
and altitude limitation are not properly tested. Consequently, a 
disconnect

[[Page 22647]]

of the OFV manual mode and/or a related wiring failure could 
potentially result in a dormant loss of several CPC [cabin pressure 
control] backup/safety functions, including OFV manual control, 
altitude limitation, emergency depressurization and smoke clearance. 
* * *
* * * * *
    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective May 29, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 29, 2009.
    We must receive comments on this AD by June 15, 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: Fabio Buttitta, Aerospace Engineer, 
Airframe and Mechanical Systems 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

    The Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-08, dated March 9, 2009 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    During testing, it was discovered that when the outflow valve 
(OFV) manual mode connector is not connected, the manual mode motor 
and altitude limitation are not properly tested. Consequently, a 
disconnect of the OFV manual mode and/or a related wiring failure 
could potentially result in a dormant loss of several CPC [cabin 
pressure control] backup/safety functions, including OFV manual 
control, altitude limitation, emergency depressurization and smoke 
clearance. This deficiency is applicable to CPC units, Part Number 
(P/N) GG670-98002-3 and -5, and CPCP [cabin pressure control panel], 
Part Number GG670-98001-5, -7 and -9.
    This [Canadian] directive mandates an interim repetitive check 
of the OFV manual mode motor and altitude limitation functions, 
followed by modification (software update) of the CPC units and the 
CPCP.

The corrective action for findings of improper OFV manual mode motor or 
altitude limitation functions is replacing the valve with a new or 
serviceable valve. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin A670BA-21-022, dated 
August 3, 2006. Bombardier has also issued Tasks 21-32-01-000-801 and 
21-32-01-400-801 of the Bombardier CRJ Regional Jet Series Aircraft 
Maintenance Manual, CSP B-001, Part 2, Volume 1, Revision 28, dated 
January 20, 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 of 
possible latent failure of several CPC backup/safety functions, 
including OFV manual control, altitude limitation, emergency 
depressurization, and smoke clearance, which could result in altitude 
limitation, emergency depressurization, and smoke clearance issues. 
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-2009-0448; Directorate 
Identifier 2009-NM-052-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.

[[Page 22648]]

    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:

2009-10-10 Bombardier Inc. (Formerly Canadair): Amendment 39-15906. 
Docket No. FAA-2009-0448; Directorate Identifier 2009-NM-052-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 29, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2C10 (Regional 
Jet Series 700, 701, & 702) airplanes, certificated in any category, 
serial numbers 10003 through 10260 inclusive; Model CL-600-2D15 
(Regional Jet Series 705) airplanes and Model CL-600-2D24 (Regional 
Jet Series 900) airplanes, certificated in any category, serial 
numbers 15001 through 15095 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 21: Air 
Conditioning.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    During testing, it was discovered that when the outflow valve 
(OFV) manual mode connector is not connected, the manual mode motor 
and altitude limitation are not properly tested. Consequently, a 
disconnect of the OFV manual mode and/or a related wiring failure 
could potentially result in a dormant loss of several CPC [cabin 
pressure control] backup/safety functions, including OFV manual 
control, altitude limitation, emergency depressurization and smoke 
clearance. This deficiency is applicable to CPC units, Part Number 
(P/N) GG670-98002-3 and -5, and CPCP [cabin pressure control panel], 
Part Number GG670-98001-5, -7 and -9.
    This [Canadian] directive mandates an interim repetitive check 
of the OFV manual mode motor and altitude limitation functions, 
followed by modification (software update) of the CPC units and the 
CPCP.
    The corrective action for findings of improper OFV manual mode 
motor and altitude limitation functions is replacing the valve with 
a new or serviceable valve.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 450 flight hours after the effective date of this AD, 
inspect the OFV for proper operation of the manual mode motor and 
altitude limitation functions, in accordance with Part A of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A670BA-21-022, dated August 3, 2006 (``the service bulletin''). If 
the OFV manual mode motor or altitude limitation functions do not 
operate properly, before further flight, do the actions specified in 
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD. Repeat the 
inspection thereafter at intervals not to exceed 450 flight hours. 
Accomplishing the actions specified in paragraph (f)(3) of this AD 
terminates the requirements of this paragraph.
    (i) Make sure that the electrical connectors, MPE23P1 and 
MPE23P2, are connected to the OFV.
    (ii) Repeat the inspection of the OFV for proper operation of 
the manual mode motor and altitude limitation functions, in 
accordance with Part A of the service bulletin. If the OFV manual 
mode motor or altitude limitation functions do not operate properly, 
before further flight, replace the OFV with a new or serviceable 
valve in accordance with Tasks 21-32-01-000-801 and 21-32-01-400-801 
of the Bombardier CRJ Regional Jet Series Aircraft Maintenance 
Manual, CSP B-001, Part 2, Volume 1, Revision 28, dated January 20, 
2009, and do the inspection of the OFV specified in paragraph (f)(1) 
of this AD.
    (2) Prior to accomplishing paragraph (f)(3) of this AD: Install 
modified CPC units, Part Number GG670-98002-7, in accordance with 
Part B of the Accomplishment Instructions of Bombardier Alert 
Service Bulletin A670BA-21-022, dated August 3, 2006.
    (3) Installing modified CPCPs, Part Number GG670-98001-11, in 
accordance with Part C of the Accomplishment Instructions of 
Bombardier Alert Service Bulletin A670BA-21-022, dated August 3, 
2006, terminates the requirements of paragraph (f)(1) of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    (1) The MCAI and Bombardier Alert Service Bulletin A670BA-21-
022, dated August 3, 2006, do not describe corrective actions for 
findings of improper OFV manual mode motor and altitude limitation 
functions. This AD requires the actions in paragraphs (f)(1)(i) and 
(f)(1)(ii) of this AD, which includes replacing the valve if the OFV 
manual mode motor or altitude limitation functions do not operate 
properly.
    (2) This AD does not require the software update of the CPC 
units specified in Part 2 of the MCAI, and the software update of 
the CPCP specified in Part 3 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: Fabio Buttitta, Aerospace 
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New 
York ACO, 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 
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

[[Page 22649]]

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-2009-08, 
dated March 9, 2009; Bombardier Alert Service Bulletin A670BA-21-
022, dated August 3, 2006; and Tasks 21-32-01-000-801 and 21-32-01-
400-801 of the Bombardier CRJ Regional Jet Series Aircraft 
Maintenance Manual, CSP B-001, Part 2, Volume 1, Revision 28, dated 
January 20, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Alert Service Bulletin A670BA-21-
022, dated August 3, 2006; Task 21-32-01-000-801 of the Bombardier 
CRJ Regional Jet Series Aircraft Maintenance Manual, CSP B-001, Part 
2, Volume 1, Revision 28, dated January 20, 2009; and Task 21-32-01-
400-801, of the Bombardier CRJ Regional Jet Series Aircraft 
Maintenance Manual, CSP B-001, Part 2, Volume 1, Revision 28, dated 
January 20, 2009; as applicable; to do the actions required by this 
AD, unless the AD specifies otherwise. The optional terminating 
actions, if done, must be done in accordance with Bombardier Alert 
Service Bulletin A670BA-21-022, dated August 3, 2006. Bombardier CRJ 
Regional Jet Series Aircraft Maintenance Manual, CSP B-001, Part 2, 
Volume 1, Revision 28, dated January 20, 2009, contains the 
following effective pages:

                                             List of Effective Pages
----------------------------------------------------------------------------------------------------------------
        Page title/description              Page number(s)          Revision number       Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
Title Page...........................  None shown.............  28.....................  January 20, 2009.
List of Chapters.....................  1-2....................  28.....................  January 20, 2009.
Chapter 21 List of Effective Pages...  1-39...................  None shown*............  January 20, 2009.
Task 21-32-01-000-801................  401-403................  None shown*............  July 20, 2008.
Task 21-32-01-400-801................  408-411................  None shown*............  July 20, 2008.
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(* The revision level is specified only on the title page and List of Chapters pages of this document.)

    (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 May 6, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-11139 Filed 5-13-09; 8:45 am]
BILLING CODE 4910-13-P