[Federal Register Volume 74, Number 221 (Wednesday, November 18, 2009)]
[Proposed Rules]
[Pages 59480-59483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27625]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 74, No. 221 / Wednesday, November 18, 2009 / 
Proposed Rules  

[[Page 59480]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1068; Directorate Identifier 2009-NM-042-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).

-----------------------------------------------------------------------

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:

    The heating capability of several Angle Of Attack (AOA) 
transducer heating elements removed from in-service aircraft have 
been found to be below the minimum requirement. Also, it was 
discovered that a large number of AOA transducers repaired in an 
approved maintenance facility were not calibrated accurately.
    Inaccurate calibration of the AOA transducer and/or degraded AOA 
transducer heating elements can result in early or late activation 
of the stall warning, stick shaker and stick pusher by the Stall 
Protection Computer (SPC).
* * * * *
The unsafe condition is 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 January 4, 2010.

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: Wing Chan, 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) 228-7311; 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-2009-1068; 
Directorate Identifier 2009-NM-042-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 5, 2009, we issued AD 2009-04-11, Amendment 39-15817 
(74 FR 7789, February 20, 2009). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Note 1 of AD 2009-04-11 stated that we were differing from Canadian 
Airworthiness Directive CF-2008-35, dated December 22, 2008, by not 
including or requiring certain actions that have planned compliance 
times that would allow enough time to provide notice and opportunity 
for prior public comment on the merits of those actions. We were 
considering further rulemaking at that time to address the unsafe 
condition. Since then, we have determined that further rulemaking is 
necessary and are proposing to mandate a one-time inspection of certain 
angle of attack (AOA) transducers, replacement of transducers having 
certain serial numbers, repetitive inspections of the inrush current 
for certain AOA transducers, and replacement of inaccurately calibrated 
AOA transducers.

Relevant Service Information

    Bombardier has issued Service Bulletin 601R-27-154, dated December 
1, 2008. The actions described in this service information are intended 
to

[[Page 59481]]

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 613 products of U.S. registry.
    The actions that are required by AD 2009-04-11 and retained in this 
proposed AD take about 1 work-hour per product, at an average labor 
rate of $80 per work hour. Based on these figures, the estimated cost 
of the currently required actions is $80 per product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new 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 $49,040, 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 removing Amendment 39-15817 (74 FR 
7789, February 20, 2009) and adding the following new AD:

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2009-1068; 
Directorate Identifier 2009-NM-042-AD.

Comments Due Date

    (a) We must receive comments by January 4, 2010.

Affected ADs

    (b) The proposed AD supersedes AD 2009-04-11, Amendment 39-
15817.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, serial numbers 7003 and subsequent, 
certificated in any category, that are equipped with Thales angle of 
attack (AOA) transducers having part number (P/N) 45150340 or 
C16258AA.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Reason

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

    The heating capability of several Angle Of Attack (AOA) 
transducer heating elements removed from in-service aircraft have 
been found to be below the minimum requirement. Also, it was 
discovered that a large number of AOA transducers repaired in an 
approved maintenance facility were not calibrated accurately.
    Inaccurate calibration of the AOA transducer and/or degraded AOA 
transducer heating elements can result in early or late activation 
of the stall warning, stick shaker and stick pusher by the Stall 
Protection Computer (SPC).
    This [Canadian] directive mandates a periodic inspection of the 
inrush current to verify the AOA heating capability and replacement 
of the inaccurately calibrated AOA transducers.

The unsafe condition is reduced controllability of the airplane. The 
required actions also include a one-time inspection for certain AOA 
transducers and replacement of transducers having certain serial 
numbers.

Restatement of Requirements of AD 2009-04-11, With No Changes

    (f) Unless already done, do the following actions:
    (1) For airplanes equipped with a transducer having accumulated 
more than 7,500 total flight hours as of March 9, 2009 (the 
effective date of AD 2009-04-11): Within 250 flight hours after 
March 9, 2009, measure the inrush current of both AOA transducers in 
accordance with Part A of the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-27-153, Revision A, dated December 
16, 2008.
    (i) If both AOA transducers are found to have an inrush current 
of 1.60 amps or more, repeat the measurement thereafter at intervals 
not to exceed the applicable interval specified in Table 1 of this 
AD. Do the measurement in accordance with Part A of the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.

[[Page 59482]]



                                    Table 1--Repetitive Measurement Intervals
----------------------------------------------------------------------------------------------------------------
    If the last inrush current
  measurement of the serviceable                           Then repeat the measurement--
       AOA transducer is--
----------------------------------------------------------------------------------------------------------------
More than or equal to 1.90 amps..  Within 2,000 flight hours after the last measurement.
More than or equal to 1.80 amps    Within 1,500 flight hours after the last measurement.
 but less than 1.90 amps.
More than or equal to 1.70 amps    Within 1,000 flight hours after the last measurement.
 but less than 1.80 amps.
More than or equal to 1.60 amps    Within 500 flight hours after the last measurement.
 but less than 1.70 amps.
----------------------------------------------------------------------------------------------------------------

     (ii) If one AOA transducer is found to have an inrush current 
below 1.60 amps, and the other AOA transducer is found to have an 
inrush current of 1.60 amps or more: Do the actions required by 
paragraphs (f)(1)(ii)(A) and (f)(1)(ii)(B) of this AD.
    (A) For the AOA transducer having an inrush current of 1.60 amps 
or more: Repeat the measurement thereafter at intervals not to 
exceed the applicable interval specified in Table 1 of this AD. Do 
the measurement in accordance with Part A of the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-27-153, Revision A, 
dated December 16, 2008.
    (B) For the AOA transducer having an inrush current below 1.60 
amps (``degraded'' transducer): Within 1,000 flight hours after 
March 9, 2009, replace that transducer in accordance with Part C of 
the Accomplishment Instructions of Bombardier Service Bulletin 601R-
27-153, Revision A, dated December 16, 2008. At the applicable time 
specified in Table 1 of this AD if the degraded transducer was 
replaced with a serviceable transducer, or within 2,000 flight hours 
after replacement if the degraded transducer was replaced with a new 
transducer, do the measurement for that replacement transducer and 
repeat the measurements thereafter at intervals not to exceed the 
applicable interval specified in Table 1 of this AD. Do the 
measurement in accordance with Part A of the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-27-153, Revision A, 
dated December 16, 2008.
    (iii) If both AOA transducers are found to have an inrush 
current below 1.60 amps, do the action specified in paragraph 
(f)(1)(iii)(A) or (f)(1)(iii)(B) of this AD.
    (A) Before further flight, replace one of the degraded AOA 
transducers with a new or serviceable transducer; and replace the 
other degraded transducer with a new or serviceable transducer 
within 1,000 flight hours after the measurement required by 
paragraph (f)(1) of this AD; in accordance with Part C of the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008. At the applicable time 
specified in Table 1 of this AD, if the degraded transducer was 
replaced with a serviceable transducer; or within 2,000 flight hours 
after replacement if the degraded transducer was replaced with a new 
transducer: Do the measurement for that replacement transducer and 
repeat the measurement thereafter at intervals not to exceed the 
applicable interval specified in Table 1 of this AD. Do the 
measurements in accordance with Part A of the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-27-153, Revision A, 
dated December 16, 2008.
    (B) Within 1,000 flight hours after the measurement required by 
paragraph (f) of this AD, replace both degraded AOA transducers with 
new or serviceable transducers in accordance with Part C of the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008. Until the replacement is 
done, dispatch with two degraded AOA transducers is allowed, 
provided that the applicable Limitations section of the airplane 
flight manual (AFM) is revised to include the following statement or 
a copy of this AD is inserted into the applicable Limitations 
section of the AFM.
    ``Dispatch is allowed if:
    (a) Operations are not conducted in visible moisture (including 
standing water and slush) in any form,
    (b) Operations are not conducted in known or forecast icing 
conditions,
    (c) Both Ice Detection Systems are operative; and,
    (d) Operations are conducted in day VMC conditions only.''

After the replacement has been accomplished, the statement or the 
copy of this AD may be removed from the AFM. At the applicable time 
specified in Table 1 of this AD, if the degraded transducer was 
replaced with a serviceable transducer; or within 2,000 flight hours 
after replacement with a new transducer: Do the measurement for that 
replacement transducer and repeat the measurement thereafter at 
intervals not to exceed the applicable interval specified in Table 1 
of this AD. Do the measurement in accordance with Part A of 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.
    (2) If, during any repetitive measurement required by paragraphs 
(f)(1)(i), (f)(1)(ii), and (f)(1)(iii) of this AD, any AOA 
transducer is found to have an inrush current below 1.60 amps, 
before further flight, replace that transducer in accordance with 
Part C of the Accomplishment Instructions of Bombardier Service 
Bulletin 601R-27-153, Revision A, dated December 16, 2008. At the 
applicable time specified in Table 1 of this AD, if the degraded 
transducer was replaced with a serviceable transducer; or within 
2,000 flight hours after replacement if the degraded transducer was 
replaced with a new transducer: Do the measurement for that 
replacement transducer as specified in paragraph (f)(1)(ii)(B) of 
this AD and repeat the measurement thereafter at intervals not to 
exceed the applicable interval specified in Table 1 of this AD.
    (3) Actions done before March 9, 2009, in accordance with 
Bombardier Service Bulletin 601R-27-153, dated October 17, 2008, are 
acceptable for compliance with the corresponding requirements of 
paragraphs (f)(1) and (f)(2) of this AD.

New Requirements of This AD: Actions and Compliance

    (g) Unless already done, do the following actions.
    (1) For airplanes equipped with a transducer having accumulated 
7,500 or fewer flight hours as of March 9, 2009, except transducers 
that have been measured in accordance with paragraph (f)(1) of this 
AD: Do the actions specified in paragraph (f)(1) of this AD before 
the transducer accumulates 7,500 total flight hours, or within 500 
flight hours after the effective date of this AD, whichever occurs 
later.
    (2) Within 900 flight hours after the effective date of this AD, 
inspect AOA transducers having P/N 45150340 or C16258AA to determine 
the serial numbers.
    (i) If the serial number is not identified in paragraph 1.A.(1) 
of Bombardier Service Bulletin 601R-27-154, dated December 1, 2008, 
no further action is required by this paragraph.
    (ii) If the part number and serial number are identified in one 
of the tables in paragraph 1.A.(1) of Bombardier Service Bulletin 
601R-27-154, dated December 1, 2008, and have the suffix ``A,'' no 
further action is required by this paragraph.

    Note 1: Bombardier Service Bulletin 601R-27-154, dated December 
1, 2008, references Thales Avionics Service Bulletins 45150340-31-
004 and C16258A-27-002, both dated November 28, 2008, as additional 
sources of information for part and serial number information.

    (iii) If the part number and serial number are identified in a 
table in paragraph 1.A.(1) of Bombardier Service Bulletin 601R-27-
154, dated December 1, 2008, before further flight, replace the AOA 
transducer with a new or serviceable transducer, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 601R-
27-154, dated December 1, 2008.
    (3) As of the effective date of this AD, no person may install a 
replacement AOA transducer having P/N 45150340 or P/N C16258AA with 
a serial number identified in paragraph 1.A.(1) of Bombardier 
Service Bulletin 601R-27-154, dated December 1, 2008, unless the 
serial number has the suffix ``A.''

FAA AD Differences

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

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:

[[Page 59483]]

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, 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: Program 
Manager, Continuing Operational Safety, FAA, New York ACO, 1600 
Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 
228-7300; 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 (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

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2008-35, 
dated December 22, 2008; Bombardier Service Bulletin 601R-27-154, 
dated December 1, 2008; and Bombardier Service Bulletin 601R-27-153, 
Revision A, dated December 16, 2008; for related information.

    Issued in Renton, Washington, on November 6, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-27625 Filed 11-17-09; 8:45 am]
BILLING CODE 4910-13-P