[Federal Register Volume 74, Number 213 (Thursday, November 5, 2009)]
[Proposed Rules]
[Pages 57273-57276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26592]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1021; Directorate Identifier 2009-NM-054-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model CL-600-1A11 (CL-600),
CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-
604) 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 that would revise an existing AD. 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:
[S]everal cases of wing anti-ice piccolo duct failure reported
on CL-600-2B19 (CRJ) aircraft. Although there have been no failures
reported on Challenger aircraft, similar ducts are installed on the
* * * [other] Challenger models. Cracking of the wing anti-ice
piccolo ducts could result in air leakage, with an adverse effect on
the anti-ice air distribution pattern and a possible unannunciated
insufficient heat condition.
The unsafe condition is anti-ice system air leakage with a possible
adverse effect on the anti-ice air distribution pattern and anti-ice
capability without annunciation to the flightcrew, and consequent
reduced controllability of the airplane. 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 December 21,
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.
[[Page 57274]]
FOR FURTHER INFORMATION CONTACT: Dan Parrillo, Aerospace Engineer,
Airframe and Mechanical Systems, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7305; 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-2009-1021;
Directorate Identifier 2009-NM-054-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 have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
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.
Discussion
On February 27, 2009, we issued AD 2009-06-05, Amendment 39-15841
(74 FR 12225, March 24, 2009). That AD required actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2009-06-05, Bombardier submitted comments after
the publication of that AD requesting that we change paragraphs (f)(2)
and (f)(4) of AD 2009-06-05 to allow compliance within 2,000 flight
hours or 60 months after the effective date of the AD, whichever occurs
first, instead of prior to the accumulation of 2,000 total flight hours
or within 60 months after the effective date of the AD, whichever
occurs first. We agree and we have revised paragraphs (f)(2) and (f)(4)
of this NPRM accordingly. The proposed compliance time matches the
intent of Transport Canada Civil Aviation (TCCA) AD CF-2008-18, dated
May 9, 2008, and represents the maximum interval of time allowable for
the affected airplanes to operate safely.
Bombardier has also requests that we change Table 2 of that AD to
replace references to two temporary revisions (TRs): Canadair TR 600/
23, dated August 16, 2006, to the Canadair Challenger Model CL-600-1A11
Airplane Flight Manual (AFM); and Canadair TR 600-1/19, dated August
16, 2006, to the Canadair Challenger Model CL-600-1A11 AFM (Winglets).
These two TRs are approved by TCCA, and should be replaced in AD 2009-
06-05 with references to the following FAA-approved TRs: Canadair TR
600/22, dated August 16, 2006, to the Canadair Challenger Model CL-600-
1A11 AFM; and Canadair TR 600-1/17, dated August 16, 2006, to the
Canadair Challenger Model CL-600-1A11 AFM (Winglets). We agree and we
have revised Table 2 of this NPRM accordingly.
Relevant Service Information
Bombardier has issued the service information listed in the
``Temporary Revisions (TRs)'' and ``Service Bulletins'' tables, below.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
Temporary Revisions (TRs)
------------------------------------------------------------------------
Canadair TR-- Dated-- To the--
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600/22........................ August 16, 2006.. Canadair Challenger
Model CL-600-1A11
AFM.
600-1/17...................... August 16, 2006.. Canadair Challenger
Model CL-600-1A11
AFM (Winglets).
601/14........................ August 16, 2006.. Canadair Challenger
Model CL-600-2A12
AFM, Product Support
Publication (PSP)
601-1B-1.
601/15........................ August 16, 2006.. Canadair Challenger
Model CL-600-2A12
AFM, PSP 601-1A-1.
601/19........................ August 16, 2006.. Canadair Challenger
Model CL-600-2A12
AFM, PSP 601-1B.
601/26........................ August 16, 2006.. Canadair Challenger
Model CL-600-2B16
AFM, PSP 601A-1.
601/27........................ August 16, 2006.. Canadair Challenger
Model CL-600-2A12
AFM.
601/27........................ August 16, 2006.. Canadair Challenger
Model CL-600-2B16
AFM, PSP 601A-1-1.
604/20........................ April 17, 2006... Canadair Challenger
Model CL-604 AFM,
PSP 604-1.
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Service Bulletins
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Bombardier Service Bulletin-- Revision level-- Dated--
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600-0734............................. Original............... November 30, 2006.
601-0585............................. Original............... November 30, 2006.
604-30-003........................... 01..................... January 21, 2008.
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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.
[[Page 57275]]
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 108 products of U.S. registry. We also estimate that
it would take about 37 work-hours 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 $319,680, or $2,960 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 removing Amendment 39-15841 (74 FR
12225, March 24, 2009) and adding the following new AD:
Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2009-1021;
Directorate Identifier 2009-NM-054-AD.
Comments Due Date
(a) We must receive comments by December 21, 2009.
Affected ADs
(b) The proposed AD revises AD 2009-06-05, Amendment 39-15841.
Applicability
(c) This AD applies to the airplanes identified in Table 1,
paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this AD,
certificated in any category.
Table 1--Airplanes Affected by This AD
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Bombardier model Serial Nos.
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(1) CL-600-1A11 (CL-600) 1004 through 1085 inclusive.
airplanes.
(2) CL-600-2A12 (CL-601) 3001 through 3066 inclusive.
airplanes.
(3) CL-600-2B16 (CL-601-3A & CL- 5001 through 5194 inclusive.
601-3R) airplanes.
(4) CL-600-2B16 (CL-604) 5301 through 5635 inclusive.
airplanes.
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Subject
(d) Air Transport Association (ATA) of America Code 30: Ice and
Rain Protection.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
There have been several cases of wing anti-ice piccolo duct
failure reported on CL-600-2B19 (CRJ) aircraft. Although there have
been no failures reported on Challenger aircraft, similar ducts are
installed on the * * * [other] Challenger models.
Upon investigation, it has been determined that ducts
manufactured since June 2000, and installed since 1 August 2000, are
susceptible to cracking due to the process used to drill the holes
in the ducts. These ducts were installed on CL-600-2B16 aircraft,
serial numbers 5469 through 5635 in production, but may also have
been installed as replacements on CL-600-1A11, CL-600-2A12 and other
CL-600-2B16 aircraft.
Cracking of the wing anti-ice piccolo ducts could result in air
leakage, with an adverse effect on the anti-ice air distribution
pattern and a possible unannunciated insufficient heat condition. As
a result, the airplane flight manual (AFM) instructions have been
revised to provide proper annunciation of an insufficient heat
condition, utilizing existing messages and indications, with
instructions, to the pilot, to leave icing conditions if sufficient
heat cannot be achieved or maintained.
This directive mandates the amendment of the AFM procedures, in
addition to checking the part numbers and serial numbers of the
installed wing anti-ice piccolo ducts and replacing them as
necessary.
The unsafe condition is anti-ice system air leakage with a
possible adverse effect on the anti-ice air distribution pattern and
anti-ice capability without annunciation to the flightcrew, and
consequent reduced controllability of the airplane.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) For airplanes identified in paragraphs (c)(1), (c)(2),
(c)(3), and (c)(4) of this AD: Within 30 days after the effective
date of this AD, revise the Normal and Abnormal Procedures sections
of the applicable Canadair Challenger Airplane Flight Manual (AFM)
by inserting a copy of the applicable temporary revision (TR) listed
in Table 2 of this AD. When the information in the applicable TR is
included in the general revisions of the AFM, the general revisions
may be inserted in the AFM, as applicable, and the TR may be
removed.
[[Page 57276]]
Table 2--Temporary Revisions
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Canadair TR-- Dated-- To the--
------------------------------------------------------------------------
(i) 600/22.................... August 16, 2006.. Canadair Challenger
Model CL-600-1A11
AFM.
(ii) 600-1/17................. August 16, 2006.. Canadair Challenger
Model CL-600-1A11
AFM (Winglets).
(iii) 601/14.................. August 16, 2006.. Canadair Challenger
Model CL-600-2A12
AFM, Product Support
Publication (PSP)
601-1B-1.
(iv) 601/15................... August 16, 2006.. Canadair Challenger
Model CL-600-2A12
AFM, PSP 601-1A-1.
(v) 601/19.................... August 16, 2006.. Canadair Challenger
Model CL-600-2A12
AFM, PSP 601-1B.
(vi) 601/26................... August 16, 2006.. Canadair Challenger
Model CL-600-2B16
AFM, PSP 601A-1.
(vii) 601/27.................. August 16, 2006.. Canadair Challenger
Model CL-600-2A12
AFM.
(viii) 601/27................. August 16, 2006.. Canadair Challenger
Model CL-600-2B16
AFM, PSP 601A-1-1.
(ix) 604/20................... April 17, 2006... Canadair Challenger
Model CL-604 AFM,
PSP 604-1.
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(2) For airplanes identified in paragraphs (c)(1), (c)(2), and
(c)(3) of this AD, and for Model CL-600-2B16 (CL-604) airplanes,
serial numbers 5301 through 5468 inclusive: Within 2,000 flight
hours or 60 months after the effective date of this AD, whichever
occurs first, review the airplane maintenance records to determine
if any anti-ice piccolo ducts or complete leading edge sections were
replaced on or after August 1, 2000.
(3) For airplanes identified in paragraphs (c)(1), (c)(2), and
(c)(3) of this AD, and for Model CL-600-2B16 (CL-604) airplanes,
serial numbers 5301 through 5468 inclusive: If, during the
accomplishment of the action required by paragraph (f)(2) of this
AD, it is determined that any anti-ice piccolo duct has been
replaced on or after August 1, 2000, before further flight, inspect
to determine if any affected serial number identified in paragraph
2.C. of the applicable service bulletin listed in Table 3 of this AD
is installed. A review of airplane maintenance records is acceptable
in lieu of this inspection if the serial number of the duct can be
conclusively determined from that review. If any affected serial
number is installed, before further flight, replace the piccolo duct
with a serviceable piccolo duct that does not have a serial number
identified in paragraph 2.C. of the applicable service bulletin
listed in Table 3 of this AD. Do all actions in accordance with the
Accomplishment Instructions of the applicable service bulletin
listed in Table 3 of this AD.
Table 3--Service Bulletins
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Bombardier
Model-- Service Revision level-- Date--
Bulletin--
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(i) CL-600-1A11 (CL-600) 600-0734......... Original......... November 30, 2006.
airplanes.
(ii) CL-600-2A12 (CL-601) 601-0585......... Original......... November 30, 2006.
airplanes.
(iii) CL-600-2B16 (CL-601-3A, 601-0585......... Original......... November 30, 2006.
CL-601-3R) airplanes.
(iv) CL-600-2B16 (CL-604) 604-30-003....... 01............... January 21, 2008.
airplanes.
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(4) For Model CL-600-2B16 (CL-604) airplanes, serial numbers
5469 through 5635 inclusive: Within 2,000 flight hours or 60 months
after the effective date of this AD, whichever occurs first, inspect
the anti-ice piccolo ducts to determine if any affected serial
number identified in paragraph 2.C. of the Bombardier Service
Bulletin 604-30-003, Revision 01, dated January 21, 2008, is
installed. If any affected serial number is installed, before
further flight, replace the piccolo duct with a serviceable piccolo
duct that does not have a serial number identified in paragraph 2.C.
of Bombardier Service Bulletin 604-30-003, Revision 01, dated
January 21, 2008. Do all actions in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 604-30-
003, Revision 01, dated January 21, 2008.
(5) As of April 28, 2009 (the effective date of AD 2009-06-05),
no person may install on any airplane an anti-ice piccolo duct with
a serial number identified in paragraph 2.C. of the applicable
service bulletin identified in Table 3 of this AD.
(6) Actions done before April 28, 2009, in accordance with
Bombardier Service Bulletin 604-30-003, dated November 30, 2006, are
acceptable for compliance with the corresponding actions in this AD.
FAA AD Differences
Note 1: 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: Dan Parrillo, Aerospace
Engineer, Airframe and Mechanical Systems, ANE-171, FAA, New York
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone (516) 228-7305; fax (516) 794-
5531. Before using any approved AMOC on any airplane to which the
AMOC applies, notify your appropriate principal maintenance
inspector (PMI) or principal avionics inspector (PAI), 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 (44
U.S.C. 3501 et seq.), 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-2008-18,
dated May 9, 2008, and the service information identified in Table 2
and Table 3 of this AD, for related information.
Issued in Renton, Washington, on October 26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-26592 Filed 11-4-09; 8:45 am]
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