[Federal Register Volume 74, Number 213 (Thursday, November 5, 2009)]
[Proposed Rules]
[Pages 57271-57273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26626]



[[Page 57271]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1029; Directorate Identifier 2009-NM-103-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) 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 supersede 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: 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. 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.

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: 

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-2009-1029; 
Directorate Identifier 2009-NM-103-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 March 6, 2009, we issued AD 2009-06-17, Amendment 39-15854 (74 
FR 13086, March 26, 2009). That AD required actions intended to address 
an unsafe condition on the products listed above.
    Since we issued AD 2009-06-17, we have been advised that additional 
air-driven generators may have been installed between the effective 
date of Canadian Airworthiness Directive CF-2008-09, and the effective 
date of the equivalent FAA AD 2009-06-17. Therefore, we have determined 
that the actions specified in paragraph (f)(1) of AD 2009-06-17 also 
must be done on airplanes having serial numbers 8084 through 8102.

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 686 products of U.S. registry.
    The actions that are required by AD 2009-06-17 and retained in this 
proposed AD take about 5 work-hours per product, at an average labor 
rate of $80 per work hour. Required parts cost about $0 per product. 
Where the service information lists required parts costs

[[Page 57272]]

that are covered under warranty, we have assumed that there will be no 
charge for these costs. 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 the proposed AD 
on U.S. operators to be $274,400, or $400 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 39-15854 (74 FR 
13086, March 26, 2009) and adding the following new AD:

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2009-1029; 
Directorate Identifier 2009-NM-103-AD.

Comments Due Date

    (a) We must receive comments by December 21, 2009.

Affected ADs

    (b) The proposed AD supersedes AD 2009-06-17, Amendment 39-
15854.

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.

Restatement of Requirements of AD 2009-06-17

    (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 April 30, 2009 (the 
effective date of AD 2009-06-17), 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 April 30, 2009, 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 SNs 7305 through 7990, and 8000 and 
subsequent: As of April 30, 2009, 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
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      ADG Part Number--                Having ADG Serial Number--
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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.
------------------------------------------------------------------------


[[Page 57273]]

     (3) Actions done before April 30, 2009, according to Bombardier 
Service Bulletin 601R-24-113, dated April 22, 2004, are considered 
acceptable for compliance with the corresponding actions specified 
in paragraph (f)(1) of this AD, provided the ADG has not been 
replaced since those actions were done.

New Requirements of This AD: Actions and Compliance

    (g) Unless already done, do the following actions.
    (1) For airplanes having SNs 8084 through 8102: 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 (g)(1)(ii)(A) or (g)(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) 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 paragraph (g)(1) of this AD, provided the ADG 
has not been replaced since those actions were done.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: The MCAI specifies to inspect SNs 7305 through 7990 and 
8000 through 8083. This AD also specifies to inspect S/Ns 8084 
through 8102.

Other FAA AD Provisions

    (h) 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, 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. 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

    (i) 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.

    Issued in Renton, Washington, on October 29, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-26626 Filed 11-4-09; 8:45 am]
BILLING CODE 4910-13-P