[Federal Register Volume 75, Number 82 (Thursday, April 29, 2010)]
[Rules and Regulations]
[Pages 22506-22508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9522]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1111; Directorate Identifier 2009-NM-147-AD; 
Amendment 39-16271; AD 2010-09-06]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., 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), 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:

    During an elevator Power Control Unit (PCU) Centering Functional 
Check on two CL-600-2C10 aircraft, sustained oscillations were 
discovered when a control rod was disconnected. These sustained 
oscillations could render the elevator surface inoperable and cause 
subsequent loss of pitch control of the aircraft.
* * * * *
    Loss of pitch control could result in reduced controllability of 
the airplane. We are issuing this AD to require actions to correct the 
unsafe condition on these products.

DATES: This AD becomes effective June 3, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 3, 
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: Christopher Alfano, 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) 228-7340; 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 December 3, 2009 (74 
FR 63331). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During an elevator Power Control Unit (PCU) Centering Functional 
Check on two CL-600-2C10 aircraft, sustained oscillations were 
discovered when a control rod was disconnected. These sustained 
oscillations could render the elevator surface inoperable and cause 
subsequent loss of pitch control of the aircraft.
    This directive mandates incorporation of a new centering 
mechanism on the elevator torque tube to prevent these sustained 
oscillations.

Loss of pitch control could result in reduced controllability of the 
airplane. 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 comment received.

Request To Include Revised Service Information

    Comair, Inc., asks that we allow the use of Revision C instead of 
Revision B of Bombardier Service Bulletin 670BA-27-042 for 
accomplishing the actions specified in paragraph (f)(1) of the NPRM. 
Comair, Inc., states that Bombardier has issued Bombardier Service 
Bulletin 670BA-27-042, Revision C, dated December 10, 2009. We referred 
to Bombardier Service Bulletin 670BA-27-042, Revision B, dated June 2, 
2009, in paragraph (f)(1) of the NPRM as the appropriate source of 
service information for accomplishing the specified actions.
    We agree with the commenter. Bombardier Service Bulletin 670BA-27-
042, Revision C, dated December 10, 2009, makes minor updates and 
editorial changes; no additional work is necessary on airplanes 
modified in accordance with Revision B. Therefore, we have revised 
paragraph (f)(1) of this final rule to refer to Bombardier Service 
Bulletin 670BA-27-042, Revision C, dated December 10, 2009, for 
accomplishing the specified actions. We have also revised paragraph 
(f)(2) of this AD to give credit for actions done in accordance with 
Bombardier Service Bulletin 670BA-27-042, Revision B, dated June 2, 
2009.

[[Page 22507]]

Explanation of Change Made to This AD

    We have changed this AD to identify the correct name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Conclusion

    We reviewed the available data, including the comment 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.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work hour to $85 per work hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 260 products of U.S. registry. 
We also estimate that it will take about 35 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $27,626 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 parts. 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 this AD to the 
U.S. operators to be $7,956,260, or $30,601 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:

2010-09-06 Bombardier, Inc.: Amendment 39-16271. Docket No. FAA-
2009-1111; Directorate Identifier 2009-NM-147-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 3, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Bombardier, Inc., airplanes 
identified in paragraphs (c)(1) and (c)(2) of this AD, certificated 
in any category.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) 
airplanes having serial numbers 10003 through 10259 inclusive.
    (2) Model CL-600-2D15 (Regional Jet Series 705) and Model CL-
600-2D24 (Regional Jet Series 900) airplanes having serial numbers 
15001 through 15099 inclusive.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During an elevator Power Control Unit (PCU) Centering Functional 
Check on two CL-600-2C10 aircraft, sustained oscillations were 
discovered when a control rod was disconnected. These sustained 
oscillations could render the elevator surface inoperable and cause 
subsequent loss of pitch control of the aircraft.
    This directive mandates incorporation of a new centering 
mechanism on the elevator torque tube to prevent these sustained 
oscillations.

Loss of pitch control could result in reduced controllability of the 
airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 6,000 flight hours after the effective date of this 
AD, install a new PCU centering mechanism, in accordance with the 
Accomplishment Instructions of Bombardier

[[Page 22508]]

Service Bulletin 670BA-27-042, Revision C, dated December 10, 2009.
    (2) Incorporation of Bombardier Service Bulletin 670BA-27-042, 
dated October 14, 2008; or Revision A, dated January 8, 2009; before 
the effective date of this AD, is considered acceptable for 
compliance with this AD only if Bombardier Repair Engineering Order 
(REO) 670-27-31-001, dated January 12, 2009; or Bombardier Service 
Non-Incorporated Engineering Order (SNIEO) S01 or S02 from 
Bombardier Kit Drawing KBA670-93702, Revision C, dated January 28, 
2009; is incorporated at the same time. Incorporation of Bombardier 
Service Bulletin 670BA-27-042, Revision B, dated June 2, 2009, 
before the effective date of this AD, is considered acceptable for 
compliance with the corresponding actions in this AD.

FAA AD Differences

    Note 1: 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, 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.
    (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 Canadian Airworthiness Directive CF-2009-28, dated 
June 29, 2009; and Bombardier Service Bulletin 670BA-27-042, 
Revision C, dated December 10, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 670BA-27-042, 
Revision C, dated December 10, 2009, 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.
    (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.

    Issued in Renton, Washington, on April 15, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-9522 Filed 4-28-10; 8:45 am]
BILLING CODE 4910-13-P