[Federal Register Volume 75, Number 49 (Monday, March 15, 2010)]
[Proposed Rules]
[Pages 12152-12154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5515]



[[Page 12152]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0223; Directorate Identifier 2009-NM-105-AD]
RIN 2120-AA64


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

    Several cases of corrosion in lower structural members of the 
passenger door have been reported. It was subsequently determined 
that a drainage ramp (constructed from resin) had deteriorated with 
time and was retaining moisture. * * * Corrosion left undetected 
could eventually affect the structural integrity of the door and 
surrounding structure.

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 April 29, 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: Craig Yates, 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) 228-7355; 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-2010-0223; 
Directorate Identifier 2009-NM-105-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

    Transport Canada Civil Aviation, which is the aviation authority 
for Canada, has issued Canadian Airworthiness Directive CF-2009-23, 
dated May 19, 2009 (referred to after this as ``the MCAI''), to correct 
an unsafe condition for the specified products. The MCAI states:

    Several cases of corrosion in lower structural members of the 
passenger door have been reported. It was subsequently determined 
that a drainage ramp (constructed from resin) had deteriorated with 
time and was retaining moisture. The ramp, therefore, requires 
removal, both to prevent further corrosion and to allow full access 
to the door structure during future scheduled inspections. Corrosion 
left undetected could eventually affect the structural integrity of 
the door and surrounding structure.

    The required actions include a general visual inspection for 
corrosion and damage of the lower inner section of the door, repair if 
necessary, and application of corrosion inhibitor compound. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued the modification summary packages listed in 
the following table. The actions described in this service information 
are intended to correct the unsafe condition identified in the MCAI.

                                               Service Information
----------------------------------------------------------------------------------------------------------------
                                          Bombardier service
               Model                         information               Revision                  Date
----------------------------------------------------------------------------------------------------------------
CL[dash]600-2B19...................  Bombardier Modification      A1................  April 24, 2009.
                                      Summary IS601R52110030.
CL-600-2C10, CL-600-2D15 and CL-600- Bombardier Modification      A1................  April 24, 2009.
 2D24.                                Summary IS67052110074.
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[[Page 12153]]

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 1,072 products of U.S. registry. We also estimate 
that it would take about 28 work-hours per product to comply with the 
basic requirements of this proposed AD. Required parts would cost about 
$0 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. The average labor rate is $85 per work-hour. Based on 
these figures, we estimate the cost of the proposed AD on U.S. 
operators to be $2,551,360, or $2,380 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 adding the following new AD:

Bombardier, Inc: Docket No. FAA-2010-0223; Directorate Identifier 
2009-NM-105-AD.

Comments Due Date

    (a) We must receive comments by April 29, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Bombardier, Inc. airplanes identified 
in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in 
any category.
    (1) Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, 
serial numbers 7003 through 8089 inclusive;
    (2) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) 
airplanes, serial numbers 10003 through 10265 inclusive; and
    (3) Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24 
(Regional Jet Series 900) airplanes, serial numbers 15001 through 
15173 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 52: Doors.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Several cases of corrosion in lower structural members of the 
passenger door have been reported. It was subsequently determined 
that a drainage ramp (constructed from resin) had deteriorated with 
time and was retaining moisture. The ramp, therefore, requires 
removal, both to prevent further corrosion and to allow full access 
to the door structure during future scheduled inspections. Corrosion 
left undetected could eventually affect the structural integrity of 
the door and surrounding structure.
    The required actions include a general visual inspection for 
corrosion and damage of the lower inner section of the door, repair 
if necessary, and application of corrosion inhibitor compound.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Before the accumulation of 15,000 total flight hours, or 
within 5,000 flight hours after the effective date of this AD, 
whichever occurs later, do the actions specified in paragraphs 
(g)(1), (g)(2), and (g)(3) of this AD.
    (1) Remove the lower passenger door ramp, in accordance with the 
applicable Bombardier modification summary package specified in 
Table 1 of this AD.
    (2) Do a general visual inspection for any damage and corrosion 
behind the drainage ramp in the lower portion of the passenger door. 
If any damage or corrosion is found, before further flight repair in 
accordance with a method approved by the Manager, New York Aircraft 
Certification Office, FAA; or Transport Canada Civil Aviation (TCCA) 
(or its delegated agent).
    (3) Remove the lower passenger door ramp and apply corrosion 
inhibitor compound, in accordance with the applicable Bombardier 
modification summary package specified in Table 1 of this AD. 
Applying corrosion inhibitor compound is a terminating action for 
the requirements of this AD.

[[Page 12154]]



                                          Table 1--Service Information
----------------------------------------------------------------------------------------------------------------
       Applicable airplanes           Bombardier service information        Revision               Date
----------------------------------------------------------------------------------------------------------------
Model CL-600-2B19 airplanes.......  Bombardier Modification Summary     A1.............  April 24, 2009.
                                     Package IS601R52110030.
Model CL-600-2C10, CL-600-2D15,     Bombardier Modification Summary     A1.............  April 24, 2009.
 and CL-600-2D24 airplanes.          Package IS67052110074.
----------------------------------------------------------------------------------------------------------------

    (4) Inspections and modifications accomplished before the 
effective date of this AD according to Bombardier Modification 
Summary Package IS601R52110030, Revision A, dated July 5, 2006; or 
IS67052110074, Revision A, dated July 5, 2006; as applicable; are 
considered acceptable for compliance with the corresponding 
inspection or modification specified in this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    The MCAI does not require an inspection or application of a 
corrosion inhibitor compound. This AD requires both actions.

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-2009-23, 
dated May 19, 2009, and the Bombardier modification summary packages 
listed in Table 1 of this AD, for related information.

    Issued in Renton, Washington on March 4, 2010.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-5515 Filed 3-12-10; 8:45 am]
BILLING CODE 4910-13-P