[Federal Register Volume 74, Number 231 (Thursday, December 3, 2009)]
[Proposed Rules]
[Pages 63333-63335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28856]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1110; Directorate Identifier 2009-NM-116-AD]
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), 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: 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.
    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 19, 
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: 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-2009-1110; 
Directorate Identifier 2009-NM-116-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 May 6, 2009, we issued AD 2009-10-10, Amendment 39-15906 (74 FR 
22646, May 14, 2009). That AD required actions intended to address an 
unsafe condition on the products listed above. AD 2009-10-10 states 
that the planned compliance times for certain actions (paragraphs 
(f)(2) and (f)(3) of AD 2009-10-10 allow modification (software update) 
of the cabin pressure control units and cabin pressure control panels, 
which constituted optional terminating action for the required 
inspections) would allow enough time to provide notice and opportunity 
for prior public comment on the merits of those actions. We now have 
determined that further rulemaking is necessary to mandate the 
previously optional actions. This AD follows from that determination.

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

[[Page 63334]]

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 353 products of U.S. registry.
    The actions that are required by AD 2009-10-10 and retained in this 
proposed AD take about 2 work-hours 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 $160 per product.
    We estimate that it would take about 3 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $80 per work-hour. Required parts would cost about 
$43,000 per product. Where the service information lists required parts 
costs 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 new 
basic requirements of this proposed AD on U.S. operators to be 
$15,263,720, or $43,240 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 39-15906 (74 FR 
22646, May 14, 2009) and adding the following new AD:

Bombardier Inc. (Formerly Canadair): Docket No. FAA-2009-1110; 
Directorate Identifier 2009-NM-116-AD.

Comments Due Date

    (a) We must receive comments by January 19, 2010.

Affected ADs

    (b) The proposed AD supersedes AD 2009-10-10, Amendment 39-
15906.

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; and Model CL-600-2D15 
(Regional Jet Series 705) and 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 continuing 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 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.

Restatement of Requirements of AD 2009-10-10

Actions and Compliance

    (f) Unless already done, do the following actions. Within 450 
flight hours after May 29, 2009 (the effective date of AD 2009-10-
10), 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) and (f)(2) of this AD. Repeat the inspection 
thereafter at intervals not to exceed 450 flight hours. 
Accomplishing the actions specified in

[[Page 63335]]

paragraph (g) of this AD terminates the requirements of this 
paragraph.
    (1) Make sure that the electrical connectors, MPE23P1 and 
MPE23P2, are connected to the OFV.
    (2) 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) of this AD.

New Requirements of This AD

Actions and Compliance

    (g) Unless already done, do the following actions.
    (1) Prior to accomplishing paragraph (g)(2) of this AD: Install 
modified or new 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.
    (2) Within 4,500 flight hours after the effective date of this 
AD: Install modified or new 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. Doing the actions required by paragraph (g)(2) of this AD 
terminates the requirements of paragraph (f) of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: 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) and (f)(2) of this AD, which include replacing the 
valve if the OFV manual mode motor or altitude limitation functions 
do not operate properly.

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 (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-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.

    Issued in Renton, Washington, on November 19, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28856 Filed 12-2-09; 8:45 am]
BILLING CODE 4910-13-P