[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Proposed Rules]
[Pages 25788-25791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10884]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0436; Directorate Identifier 2009-NM-230-AD]
RIN 2120-AA64


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

    * * * There have recently been several in-service occurrences 
that have highlighted the inability of the existing [wing anti-ice] 
system to detect a low-heat condition in the wing leading edge at 
all times, with the potential consequence of unannunciated 
asymmetric ice build-up on the wing. * * * Such a condition, in 
combination with maneuvers close to stick shaker activation, could 
possibly result in reduced controllability of the aircraft.
* * * * *

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 June 24, 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.

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, 
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office (ACO), 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-2010-0436; 
Directorate Identifier 2009-NM-230-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 (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-37, dated September 30, 2009 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    At present, the Wing Anti-Ice System (WAIS) sufficient heat 
switches/sensors on CL-600-2B19 aircraft are located at the inboard 
end of each wing and require a simultaneous low-pressure signal to 
generate a L or R WING A/ICE amber caution. However, there have 
recently been several in-service occurrences that have highlighted 
the inability of the existing system to detect a low-heat condition 
in the wing leading edge at all times, with the potential 
consequence of unannunciated asymmetric ice build-up on the wing. 
These have included partial failure of several piccolo ducts [ref: 
Airworthiness Directive (AD) CF-2008-30] and partial (not fully 
closed or open) failure of a modulating and shut-off valve, the 
latter resulting in unannunciated asymmetric ice build-up on the 
wing leading edge. Such a condition, in combination with maneuvers 
close to stick shaker activation, could possibly result in reduced 
controllability of the aircraft.
    This directive mandates:
    (a) Revision of the Airplane Flight Manual (AFM) to notify the 
flight crew that, following installation and activation of the low-
heat detection switches, certain WAIS mode selection changes may 
result in a two-minute inhibition of the wing anti-ice message, if 
posted;
    (b) Revision of the approved maintenance schedule to include one 
revised and three new functional checks that are required following 
activation of the low-heat detection switches;
    (c) Replacement of the Data Concentrator Units (DCUs) with DCUs 
incorporating a software update that caters for the new outboard 
low-heat detection switches and generates the appropriate anti-ice 
message for the flight crew when a low-heat condition is detected;

    Note: Although not related to this directive, the software 
update also corrects the sampling rate of two previously non-
compliant Flight Data Recorder (FDR) parameters, normal acceleration 
and pitch attitude.

    (d) Installation of the low-heat detection switches in the wing 
outboard leading edges, the wing A/ICE box assembly and associated 
wires; and
    (e) Activation of the low-heat detection switches.

You may obtain further information by examining the MCAI in the AD 
docket.

[[Page 25789]]

Relevant Service Information

    Bombardier has issued the service information in the following 
table.

                                           Table--Service Information
----------------------------------------------------------------------------------------------------------------
           Service information                         Revision                              Date
----------------------------------------------------------------------------------------------------------------
Bombardier Service Bulletin 601R-30-031.  D.................................  February 3, 2010.
Bombardier Service Bulletin 601R-31-034.  A.................................  April 10, 2008.
Bombardier Temporary Revision 2A-46 to    Original..........................  July 24, 2009.
 Appendix A--Certification Maintenance
 Requirements of Part 2 of the
 Bombardier Maintenance Requirements
 Manual.
Bombardier Temporary Revision RJ/164-2    Original..........................  May 14, 2009.
 to the Canadair Regional Jet Airplane
 Flight Manual, CSP A-012.
----------------------------------------------------------------------------------------------------------------

The actions described in this service information are intended to 
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 599 products of U.S. registry. We also estimate that 
it would take about 21 work-hours per product to comply with the basic 
requirements of this proposed AD. 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 $1,069,215, or $1,785 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-2010-0436; Directorate Identifier 
2009-NM-230-AD.

Comments Due Date

    (a) We must receive comments by June 24, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category, serial numbers 7003 through 8101 inclusive.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (h)(1) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.


[[Page 25790]]



Subject

    (d) Air Transport Association (ATA) of America Code 30 and 31: 
Ice and rain protection, and instruments, respectively.

Reason

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

    At present, the Wing Anti-Ice System (WAIS) sufficient heat 
switches/sensors on CL-600-2B19 aircraft are located at the inboard 
end of each wing and require a simultaneous low-pressure signal to 
generate a L or R WING A/ICE amber caution. However, there have 
recently been several in-service occurrences that have highlighted 
the inability of the existing system to detect a low-heat condition 
in the wing leading edge at all times, with the potential 
consequence of unannunciated asymmetric ice build-up on the wing. 
These have included partial failure of several piccolo ducts [ref: 
Airworthiness Directive (AD) CF-2008-30] and partial (not fully 
closed or open) failure of a modulating and shut-off valve, the 
latter resulting in unannunciated asymmetric ice build-up on the 
wing leading edge. Such a condition, in combination with maneuvers 
close to stick shaker activation, could possibly result in reduced 
controllability of the aircraft.
    This directive mandates:
    (a) Revision of the Airplane Flight Manual (AFM) to notify the 
flight crew that, following installation and activation of the low-
heat detection switches, certain WAIS mode selection changes may 
result in a two-minute inhibition of the wing anti-ice message, if 
posted;
    (b) Revision of the approved maintenance schedule to include one 
revised and three new functional checks that are required following 
activation of the low-heat detection switches;
    (c) Replacement of the Data Concentrator Units (DCUs) with DCUs 
incorporating a software update that caters for the new outboard 
low-heat detection switches and generates the appropriate anti-ice 
message for the flight crew when a low-heat condition is detected;

    Note: Although not related to this directive, the software 
update also corrects the sampling rate of two previously non-
compliant Flight Data Recorder (FDR) parameters, normal acceleration 
and pitch attitude.

    (d) Installation of the low-heat detection switches in the wing 
outboard leading edges, the wing A/ICE box assembly and associated 
wires; and
    (e) Activation of the low-heat detection switches.

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) Do the following actions.
    (1) Within 30 days after the effective date of this AD, revise 
the Limitations and Normal Procedures sections of the Canadair 
Regional Jet Airplane Flight Manual (AFM), CSP A-012, to include the 
information in Canadair (Bombardier) Temporary Revision (TR) RJ/164-
2, dated May 14, 2009. This TR introduces procedures for operation 
in icing conditions. Operate the airplane according to the 
limitations and procedures in the TR.

    Note 2: This may be done by inserting a copy of Canadair 
(Bombardier) TR RJ/164-2, dated May 14, 2009, into the AFM. When 
this TR has been included in general revisions of the AFM, the 
general revisions may be inserted in the AFM, provided the relevant 
information in the general revision is identical to that in Canadair 
(Bombardier) TR RJ/164-2, dated May 14, 2009.

    (2) Within 30 days after the effective date of this AD, revise 
the Airworthiness Limitations Instructions (ALI) of the Instructions 
for Continued Airworthiness (ICA) by incorporating the inspection 
requirements contained in Bombardier TR 2A-46, dated July 24, 2009, 
into Appendix A, ``Certification Maintenance Requirements,'' of Part 
2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual 
(MRM). The initial compliance times for the tasks identified in 
Bombardier TR 2A-46, dated July 24, 2009, are specified in Table 1 
of this AD.

    Note 3: The actions required by paragraph (g)(2) of this AD may 
be done by inserting a copy of Bombardier TR 2A-46, dated July 24, 
2009, into the Bombardier CL-600-2B19 MRM. When this TR has been 
included in general revisions of the MRM, the general revisions may 
be inserted into the MRM, provided the relevant information in the 
general revision is identical to that in Bombardier TR 2A-46, dated 
July 24, 2009.


                       Table 1--Initial Compliance Times for Tasks in Bombardier TR 2A-46
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
               Task                         Applicabilty                      Initial compliance time
                                                                             (whichever occurs later)
----------------------------------------------------------------------------------------------------------------
C30-10-141-01.....................  All airplanes...............  Before the              Within 5 flight hours
                                                                   accumulation of 6,000   after the effective
                                                                   total flight hours.     date of this AD.
C30-10-141-03.....................  Airplanes on which            Before the              Within 5 flight hours
                                     Modification Summary          accumulation of 6,000   after the effective
                                     TC601R17494 or actions        total flight hours.     date of this AD.
                                     specified in Bombardier
                                     Service Bulletin 601R-30-
                                     031 have been done.
C30-10-141-05.....................  Airplanes with outboard       Before the              Within 5 flight hours
                                     sufficient heat switches      accumulation of 6,000   after the effective
                                     installed in accordance       total flight hours.     date of this AD.
                                     with Modification Summary
                                     TC601R17494 or actions
                                     specified in Bombardier
                                     Service Bulletin 601R-30-
                                     031 have been done.
C30-10-141-07.....................  Airplanes with outboard       Before the              Within 5 flight hours
                                     sufficient heat switches      accumulation of 6,000   after the effective
                                     installed in accordance       total flight hours.     date of this AD.
                                     with Modification Summary
                                     TC601R17494 or actions
                                     specified in Bombardier
                                     Service Bulletin 601R-30-
                                     031 have been done.
----------------------------------------------------------------------------------------------------------------

    (3) For airplanes having S/Ns 7003 through 8095 inclusive: 
Before or concurrently with accomplishing the actions required by 
paragraph (g)(5) of this AD: Replace any data concentrator units 
(DCUs) having part number (P/N) 622-9820-007, 622-9820-008, or 622-
9820-009 with modified DCUs having P/N 622-9820-010, and, if 
applicable, modify the configuration strapping units (CSUs), in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-31-034, Revision A, dated April 10, 2008.
    (4) Before or concurrently with accomplishing the actions 
required by paragraph (g)(5) of this AD: Install the outboard low-
heat detection switches, wing A/ICE box assembly and associated 
wires, in accordance with the Accomplishment Instructions of Parts 
A, C, D, and E of Bombardier Service Bulletin 601R-30-031, Revision 
D, dated February 3, 2010.

    Note 4: A small number of cases have been reported in which 
piccolo ducts were found to have been installed in the opposite 
wing, resulting in the incorrect orientation of the bleed holes. 
During reinstallation of the piccolo ducts and leading edge 
assemblies after installing the low-heat detection switches, 
particular attention should be paid to the correct alignment of the 
piccolo ducts. Guidance can be found in Task 30-11-41-820-801 of the 
Bombardier Aircraft Maintenance Manual.

    (5) Within 11 months after the effective date of this AD: 
Activate the outboard low-heat detection switches in accordance with 
Part F of the Accomplishment Instructions of Service Bulletin 601R-
30-031, Revision D, dated February 3, 2010.

[[Page 25791]]

    (6) Actions accomplished in accordance with the service 
information specified in Table 2 of this AD, before the effective 
date of this AD, are acceptable for compliance with the 
corresponding actions required by paragraphs (g)(4) and (g)(5) of 
this AD.

                                     Table 2--Acceptable Service Information
----------------------------------------------------------------------------------------------------------------
     Bombardier Service Bulletin--                  Revision--                             Dated--
----------------------------------------------------------------------------------------------------------------
601R[dash]30-031......................  Original..........................  May 15, 2009.
601R[dash]30-031......................  A.................................  September 8, 2009.
601R[dash]30-031......................  B.................................  October 28, 2009.
601R[dash]30-031......................  C.................................  December 23, 2009.
----------------------------------------------------------------------------------------------------------------

    (7) Replacing DCUs P/N 622-9820-007, 622-9820-008, or 622-9820-
009 with modified DCUs having P/N 622-9820-010, and modifying CSUs, 
are also acceptable for compliance with the requirements of 
paragraph (g)(3) of this AD if done before the effective date of 
this AD, in accordance with Accomplishment Instructions of 
Bombardier Service Bulletin 601R-30-034, dated November 19, 2007.

FAA AD Differences

    Note 5: 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:
    (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 Transport Canada Civil Aviation (TCCA) 
Airworthiness Directive CF-2009-37, dated September 30, 2009; and 
the service information specified in Table 3 of this AD; for related 
information.

                                          Table 3--Service Information
----------------------------------------------------------------------------------------------------------------
          Service information                        Revision                               Date
----------------------------------------------------------------------------------------------------------------
Bombardier Service Bulletin 601R-30-    D.................................  February 3, 2010.
 031.
Bombardier Service Bulletin 601R-31-    A.................................  April 10, 2008.
 034.
Bombardier Temporary Revision 2A-46 to  Original..........................  July 24, 2009.
 Appendix A--Certification Maintenance
 Requirements of Part 2 of the
 Bombardier CL[dash]600-2B19
 Maintenance Requirements Manual.
Canadair (Bombardier) Temporary         Original..........................  May 14, 2009.
 Revision RJ/164-2 to the Canadair
 Regional Jet Airplane Flight Manual
 CSP A-012.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on April 28, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-10884 Filed 5-7-10; 8:45 am]
BILLING CODE 4910-13-P