[Federal Register Volume 75, Number 108 (Monday, June 7, 2010)]
[Rules and Regulations]
[Pages 32090-32092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13427]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1033; Directorate Identifier 2009-NM-104-AD; 
Amendment 39-16326; AD 2010-12-05]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model CL-600-2C10 
(Regional Jet Series 700, 701, & 702) Airplanes, Model CL-600-2D15 
(Regional Jet Series 705) Airplanes, and Model 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 superseding an existing 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:

    Following in-flight test deployments on CL-600-2B19 aircraft, 
several Air-Driven generators (ADGs) failed to come online. 
Investigation revealed that, as a result of a wiring anomaly that 
had not been detected during ADG manufacture, a short circuit was 
possible between certain internal wires and their metallic over-
braided shields, which could result in the ADG not providing power 
when deployed. * * *

The unsafe condition is failure of the ADG, which could lead to loss of 
several functions essential for safe flight. We are issuing this AD to 
require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective July 12, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of April 
30, 2009 (74 FR 13094, March 26, 2009).

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: 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: 

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 November 5, 2009 (74 
FR 57268), and proposed to supersede AD 2009-06-18, Amendment 39-15855 
(74 FR 13094, March 26, 2009). You may obtain further information by 
examining the MCAI in the AD docket.
    Since we issued AD 2009-06-18, we have received notice that 
additional suspect air-driven generators may have been installed 
between the effective date of Canadian Airworthiness Directive CF-2008-
10, dated February 5, 2008, and the effective date of the equivalent 
FAA AD, AD 2009-06-18. Therefore, we have determined that the actions 
required by paragraph (f)(1) of AD 2009-06-18 are also required for 
Model CL-600-2C10 airplanes having serial numbers 10266 through 10273 
inclusive, and Model CL-600-2D15 and CL-600-2D24 airplanes having 
serial numbers 15163 through 15223 inclusive.

Comments

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

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) supports the 
intent of the NPRM.

Request To Allow Previously Approved AMOCs

    American Eagle Airlines (American Eagle) requests that we allow 
alternative methods of compliance (AMOCs) previously approved for AD 
2009-06-18. American Eagle states that including a statement allowing 
previously approved AMOCs will prevent the need for duplicate requests 
for the same issue.
    We agree with the commenter's request. We have determined that 
AMOCs previously approved for AD 2009-06-18 are acceptable for 
compliance with the corresponding requirements of this AD. We have 
added a statement to paragraph (h)(1) of this AD to allow AMOCs 
approved previously in accordance with AD 2009-06-18.

Explanation of Change Made to This AD

    We have revised this AD to identify the legal 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 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 do 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

[[Page 32091]]

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 original 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 about 304 products of U.S. 
registry. The actions that are required by AD 2009-06-18 and retained 
in this AD take about 5 work-hours per product, at an average labor 
rate of $85 per work hour. Required parts cost about $0 per product. 
Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $129,200, or $425 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 removing Amendment 39-15855 (74 FR 
13094, March 26, 2009) and adding the following new AD:

2010-12-05 Bombardier, Inc.: Amendment 39-16326. Docket No. FAA-
2009-1033; Directorate Identifier 2009-NM-104-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 12, 
2010.

Affected ADs

    (b) This AD supersedes AD 2009-06-18, Amendment 39-15855.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2C10 
(Regional Jet Series 700, 701, & 702) airplanes, having serial 
numbers (S/Ns) 10004 and subsequent; and Model CL-600-2D15 (Regional 
Jet Series 705) airplanes and Model CL-600-2D24 (Regional Jet Series 
900) airplanes, having S/N 15002 and subsequent; certificated in any 
category.

Subject

    (d) Air Transport Association (ATA) of America Code 24: 
Electrical power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Following in-flight test deployments on CL-600-2B19 aircraft, 
several Air-Driven generators (ADGs) failed to come online. 
Investigation revealed that, as a result of a wiring anomaly that 
had not been detected during ADG manufacture, a short circuit was 
possible between certain internal wires and their metallic over-
braided shields, which could result in the ADG not providing power 
when deployed. This directive mandates checking of the ADG and 
modification of the ADG internal wiring, if required. It also 
prohibits future installation of unmodified ADGs.

The unsafe condition is failure of the ADG, which could lead to loss 
of several functions essential for safe flight.

Restatement of Requirements of AD 2009-06-18, With No Changes

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes identified in Table 1 of this AD: Within 12 
months after April 30, 2009 (the effective date of AD 2009-06-18), 
inspect the serial number of the installed ADG. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
serial number of the ADG can be conclusively determined from that 
review.

               Table 1--Bombardier Airplane Identification
------------------------------------------------------------------------
                  Model                             Serial No.
------------------------------------------------------------------------
CL-600-2C10 airplanes...................  10004 through 10265.
CL-600-2D15 and CL-600-2D24 airplanes...  15002 through 15162.
------------------------------------------------------------------------

     (i) If the serial number is not listed in paragraph 1.A of 
Bombardier Service Bulletin 670BA-24-015, Revision A, dated December 
18, 2006, no further action is required by this AD.
    (ii) If the serial number is listed in paragraph 1.A of 
Bombardier Service Bulletin 670BA-24-015, Revision A, dated December

[[Page 32092]]

18, 2006 (``the service bulletin''), within 12 months after April 
30, 2009, inspect the ADG identification plate and, as applicable, 
do the actions of paragraph (f)(1)(ii)(A) or (f)(1)(ii)(B) of this 
AD.
    (A) If the identification plate is marked with the symbol ``24-
2,'' no further action is required by this AD.
    (B) If the identification plate is not marked with the symbol 
``24-2,'' modify the ADG wiring in accordance with the 
Accomplishment Instructions of the service bulletin.
    (2) For all Model CL-600-2C10 airplanes having S/N 10004 and 
subsequent, and Model CL-600-2D15 and CL-600-2D24 airplanes having 
S/N 15002 and subsequent: As of April 30, 2009, no ADG part number 
604-90800-19 (761339E), having S/N 0101 through 0132, 0134 through 
0167, 0169 through 0358, 0360 through 0438, 0440 through 0456, 0458 
through 0467, 0469, 0471 through 0590, 0592 through 0597, 0599 
through 0745, 0747 through 1005, or 1400 through 1439, may be 
installed on any airplane, unless the identification plate of the 
ADG is identified with the symbol ``24-2.''

    Note 1: Bombardier Service Bulletin 670BA-24-015, Revision A, 
dated December 18, 2006, refers to Hamilton Sundstrand Service 
Bulletin ERPS10AG-24-2, dated February 19, 2004, for further 
guidance on identifying the symbol ``24-2.''

    (3) Actions done before April 30, 2009, according to Bombardier 
Service Bulletin 670BA-24-015, dated May 17, 2004, are considered 
acceptable for compliance with the corresponding actions specified 
in paragraph (f)(1) of this AD, provided the ADG has not been 
replaced since those actions were done.

New Requirements of This AD

Actions and Compliance

    (g) Unless already done, do the following actions.
    (1) For airplanes identified in Table 2 of this AD: Within 12 
months after the effective date of this AD, inspect the serial 
number of the installed ADG. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the serial 
number of the ADG can be conclusively determined from that review.

         Table 2--Additional Bombardier Airplane Identification
------------------------------------------------------------------------
            Model                              Serial No.
------------------------------------------------------------------------
CL-600-2C10 airplanes........  10266 through 10273 inclusive.
CL-600-2D15 and CL-600-2D24    15163 through 15223 inclusive.
 airplanes.
------------------------------------------------------------------------

     (i) If the serial number is not listed in paragraph 1.A of 
Bombardier Service Bulletin 670BA-24-015, Revision A, dated December 
18, 2006, no further action is required by this AD.
    (ii) If the serial number is listed in paragraph 1.A of 
Bombardier Service Bulletin 670BA-24-015, Revision A, dated December 
18, 2006 (``the service bulletin''), within 12 months after the 
effective date of this AD, inspect the ADG identification plate and, 
as applicable, do the actions of paragraph (g)(1)(ii)(A) or 
(g)(1)(ii)(B) of this AD.
    (A) If the identification plate is marked with the symbol ``24-
2'', no further action is required by this AD.
    (B) If the identification plate is not marked with the symbol 
``24-2'', modify the ADG wiring in accordance with the 
Accomplishment Instructions of the service bulletin.
    (2) Actions done before the effective date of this AD according 
to Bombardier Service Bulletin 670BA-24-015, dated May 17, 2004, are 
considered acceptable for compliance with the corresponding actions 
specified in paragraph (g)(1) of this AD, provided the ADG has not 
been replaced since those actions were done.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: The MCAI specifies to inspect Model CL-600-2C10 
airplanes having S/Ns 10004 through 10265 inclusive and Model CL-
600-2D15 and CL-600-2D24 airplanes having S/Ns 15002 through 15162 
inclusive. This AD also specifies to inspect Model CL-600-2C10 
airplanes having S/Ns 10266 through 10273, and Model CL-600-2D15 and 
CL-600-2D24 airplanes having S/Ns 15163 through 15223 inclusive.

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, 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. AMOCs approved previously in 
accordance with AD 2009-06-18, Amendment 39-15855, are approved as 
AMOCs for the corresponding provisions of 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-2008-10, 
dated February 5, 2008; and Bombardier Service Bulletin 670BA-24-
015, Revision A, dated December 18, 2006; for related information.

Material Incorporated by Reference

    (j) You must use Bombardier Service Bulletin 670BA-24-015, 
Revision A, dated December 18, 2006, to do the actions required by 
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register previously approved the 
incorporation by reference of Bombardier Service Bulletin 607BA-24-
015, Revision A, dated December 18, 2006, on April 30, 2009 (74 FR 
13094, March 26, 2009).
    (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 May 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-13427 Filed 6-4-10; 8:45 am]
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