[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63592-63595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28551]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0436; Directorate Identifier 2009-NM-005-AD; 
Amendment 39-16114; AD 2009-24-20]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700 & 701) Airplanes and CL-600-2D24 (Regional Jet Series 
900) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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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:

    Frost, snow, slush or ice on the wing leading edges and upper 
wing surfaces may change the stall speeds, stall characteristics and 
the protection provided by the stall protection system, which could 
result in reduced controllability of the aircraft.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective January 8, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 8, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Bruce Valentine, Aerospace Engineer, 
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7328; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on May 12, 2009 (74 FR 
22123). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Frost, snow, slush or ice on the wing leading edges and upper 
wing surfaces may change the stall speeds, stall characteristics and 
the protection provided by the stall protection system, which could 
result in reduced controllability of the aircraft.
    Transport Canada has * * * approved temporary revisions to the 
Aircraft Flight Manuals (AFM), which emphasize the cold weather 
operational requirements to ensure that the wing leading edges and 
upper wing surfaces are free from frost, snow, slush or ice.

The corrective action is revising the AFMs to introduce procedures for 
cold weather operations. You may obtain further information by 
examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Include Updated Temporary Revisions (TRs)

    Two commenters, Comair and Michael Donahue, request that we revise 
paragraph (f) of the NPRM to require inclusion of the updated TRs in 
the applicable AFM. The commenters both state that the TRs identified 
in the NPRM have been updated.
    Comair states that Bombardier (Canadair) TR RJ 900/48-3, dated 
August 19, 2008, to the Bombardier (Canadair) Regional Jet Series 900 
AFM, CSP C-012, was superseded by Bombardier (Canadair) TR RJ 900/75, 
dated November 20, 2008; which was superseded by Bombardier (Canadair) 
TR RJ 900/75-1, dated November 20, 2008; which was superseded by 
Bombardier (Canadair) TR RJ 900/75-2, dated April 22, 2009. Comair 
states that Bombardier (Canadair) TR RJ 900/75-2 needs to be inserted 
in the Bombardier (Canadair) Regional Jet Series 900 AFM, CSP C-012.
    Comair also states that Bombardier (Canadair) TR RJ 700/87-3, dated

[[Page 63593]]

August 19, 2008 (which was superseded by Bombardier (Canadair) TR RJ 
700/107, dated November 20, 2008), to the Bombardier (Canadair) 
Regional Jet Series 700 and 701 AFM, CSP B-012, was superseded by 
Bombardier (Canadair) TR RJ 700/107-1, dated November 20, 2008; which 
needs to be inserted in the Bombardier (Canadair) Regional Jet Series 
700 and 701 AFM, CSP B-012.
    We agree that the latest TRs need to be included in the final rule. 
The new TRs introduce a new ozone converter option code and revise the 
applicability of the ozone concentration limitation. The new TRs do not 
add any new requirements. Paragraph (f) of this AD has been updated 
accordingly.

Updated Contact Information

    We have updated paragraph (g)(1) of this AD to provide the 
appropriate contact information to use when submitting requests for 
approval of an alternative method of compliance (AMOC).

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 336 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $26,880, 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 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.

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 the NPRM, 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.

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:

2009-24-20 Bombardier, Inc. (Formerly Canadair): Amendment 39-16114. 
Docket No. FAA-2009-0436; Directorate Identifier 2009-NM-005-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
8, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model CL-600-2C10 
(Regional Jet Series 700 and 701) airplanes and CL-600-2D24 
(Regional Jet Series 900) airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

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

    Frost, snow, slush or ice on the wing leading edges and upper 
wing surfaces may change the stall speeds, stall characteristics and 
the protection provided by the stall protection system, which could 
result in reduced controllability of the aircraft.
    Transport Canada has * * * approved temporary revisions to the 
Aircraft Flight Manuals (AFM), which emphasize the cold weather 
operational requirements to ensure that the wing leading edges and 
upper wing surfaces are free from frost, snow, slush or ice.

The corrective action is revising the AFMs to introduce procedures 
for cold weather operations.

Actions and Compliance

    (f) Unless already done, within 14 days after the effective date 
of this AD, revise the Limitations--Operating Limitations section of 
the Bombardier (Canadair) Regional Jet Series 900 Airplane Flight 
Manual (AFM), CSP C-012; and the Bombardier (Canadair) Regional Jet 
Series 700 and 701 AFM, CSP B-012; to include the information in the

[[Page 63594]]

Bombardier (Canadair) temporary revisions identified in Table 1 and 
Table 2 of this AD, as applicable. For Model CL-600-2D24 (Regional 
Jet Series 900) airplanes, include the information in any one of the 
TRs in Table 1 of this AD; for Model CL-600-2C10 (Regional Jet 
Series 700 and 701) airplanes, include the information in any one of 
the TRs in Table 2 of this AD. These TRs introduce procedures for 
cold weather operations to ensure that the wing leading edges and 
upper wing surfaces are free from frost, snow, slush, and ice. 
Operate the airplane according to the limitations and procedures in 
the applicable TRs.

    Note 1:  This may be done by inserting a copy of the applicable 
TR into the applicable AFM. When the TR has been included in general 
revision of the applicable AFM, the general revision may be inserted 
into the AFM, provided the relevant information in the general 
revision is identical to the applicable AFM.


   Table 1--Temporary Revisions for Bombardier (Canadair) Regional Jet
                        Series 900 AFM, CSP C-012
------------------------------------------------------------------------
        Bombardier (Canadair) TR--                     Dated--
------------------------------------------------------------------------
RJ 900/48-3...............................  August 19, 2008.
RJ 900/75.................................  November 20, 2008.
RJ 900/75-1...............................  November 20, 2008.
RJ 900/75-2...............................  April 22, 2009.
------------------------------------------------------------------------


   Table 2--Temporary Revisions for Bombardier (Canadair) Regional Jet
                    Series 700 and 701 AFM, CSP B-012
------------------------------------------------------------------------
        Bombardier (Canadair) TR--                     Dated--
------------------------------------------------------------------------
RJ 700/87-3...............................  August 19, 2008.
RJ 700/107................................  November 20, 2008.
RJ 700/107-1..............................  November 20, 2008.
------------------------------------------------------------------------

FAA AD Differences

    Note 2:  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, 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, 1600 Stewart Avenue, Suite 41, 
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

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2005-02 
dated February 2, 2005; and the Bombardier (Canadair) TRs identified 
in Tables 1 and 2 of this AD; for related information.

Material Incorporated by Reference

    (i) You must use the applicable service information contained in 
Table 3 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.
    (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.

               Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
     Bombardier (Canadair)
     temporary revision--            Dated--              To the--
------------------------------------------------------------------------
RJ 700/87-3...................  August 19, 2008..  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    700 and 701 Aircraft
                                                    Flight Manual (AFM),
                                                    CSP B-012.
RJ 700/107....................  November 20, 2008  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    700 and 701 AFM, CSP
                                                    B-012.
RJ 700/107-1..................  November 20, 2008  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    700 and 701 AFM, CSP
                                                    B-012.
RJ 900/48-3...................  August 19, 2008..  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    900 AFM, CSP C-012.
RJ 900/75.....................  November 20, 2008  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    900 AFM, CSP C-012.
RJ 900/75-1...................  November 20, 2008  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    900 AFM, CSP C-012.
RJ 900/75-2...................  April 22, 2009...  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    900 AFM, CSP C-012.
------------------------------------------------------------------------



[[Page 63595]]

    Issued in Renton, Washington, on November 19, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28551 Filed 12-3-09; 8:45 am]
BILLING CODE 4910-13-P