[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Rules and Regulations]
[Pages 60608-60611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24255]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0438; Directorate Identifier 2009-NM-265-AD; 
Amendment 39-16450; AD 2010-20-15]
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:

    The heating capability of several AOA [angle of attack] 
transducer heating elements removed from in-service aircraft has 
been found to be below the minimum requirement. Also, it was 
discovered that a large number of AOA transducers repaired in an 
approved maintenance facility were not calibrated accurately.
    Inaccurate calibration of the AOA transducer and/or degraded AOA 
transducer heating elements can result in early or late activation 
of the stall warning, stick shaker and stick pusher by the Stall 
Protection Computer (SPC).
* * * * *

Inaccurate calibration of the AOA transducers and/or degraded AOA 
transducer heating elements could result in an ineffective response to 
an aerodynamic stall and 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 November 5, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 5, 
2010.
    On November 13, 2009 (74 FR 55767, October 29, 2009), the Director 
of the Federal Register approved the incorporation by reference of a 
certain other publication listed in this AD.

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: Wing Chan, 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) 228-7311; 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 10, 2010 (75 FR 
25791), and proposed to supersede AD 2009-22-12, Amendment 39-16065 (74 
FR 55767, October 29, 2009). That NPRM proposed to correct an unsafe 
condition for the specified products.
    When we issued AD 2009-22-12, we stated that we did not include 
certain actions (the inspection to determine if certain transducers are 
installed and replaced if necessary in paragraph (h) of this AD) 
because the planned compliance time was not enough to give notice as AD 
2009-22-12 was issued as an immediately adopted rule. We now have 
determined that further rulemaking is indeed necessary, and this AD 
follows from that determination. You may obtain further information by 
examining the MCAI in the AD docket.
    Since we issued the NPRM we have reviewed Bombardier Service 
Bulletin 670BA-27-053, Revision B, dated January 12, 2010. We referred 
to Bombardier Service Bulletin 670BA-27-053, Revision A, dated July 7, 
2009, as the appropriate source of service information for doing 
certain actions specified in the NPRM. Bombardier Service Bulletin 
670BA-27-053, Revision B, dated January 12, 2010, contains minor 
editorial changes that do not have an effect on the technical content 
in this AD. We have revised paragraphs (h) and (i) of this AD to refer 
to Bombardier Service Bulletin 670BA-27-053, Revision B, dated January 
12, 2010. We have also added Bombardier Service Bulletin 670BA-27-053, 
Revision A, dated July 7, 2009, to paragraph (j) of this AD for credit 
for inspections and replacements accomplished before the effective date 
of this AD.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received. One commenter, Air Line 
Pilots Association, International, supports the NPRM.

Request to Reference the Correct Service Bulletin

    Comair, Inc. states that the intended reference for paragraph (j) 
of the NPRM should be Bombardier Service Bulletin 670BA-27-053, dated 
May 14, 2009, for inspections and replacements accomplished before the 
effective date of this AD.
    We agree with Comair, Inc. that Bombardier Service Bulletin 670BA-
27-053, dated May 14, 2009, is considered acceptable for compliance 
with the corresponding actions specified in this AD. We have added this 
service bulletin to paragraph (j) of this AD.

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 change described previously. We determined that this 
change 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

[[Page 60609]]

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 about 368 products of U.S. 
registry.
    The actions that are required by AD 2009-22-12 and retained in this 
AD take about 1 work-hour per product, at an average labor rate of $85 
per work-hour. Based on these figures, the estimated cost of the 
currently required actions is $85 per product.
    We estimate that it will take about 5 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will 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. Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $156,400, 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 39-16065 (74 FR 
55767, October 29, 2009) and adding the following new AD:

2010-20-15 Bombardier, Inc.: Amendment 39-16450. Docket No. FAA-
2010-0438; Directorate Identifier 2009-NM-265-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
5, 2010.

Affected ADs

    (b) This AD supersedes AD 2009-22-12, Amendment 39-16065.

Applicability

    (c) This AD applies to 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; certificated in any category, that are 
equipped with Thales angle of attack (AOA) transducers having part 
number (P/N) C16258AA.

Subject

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

Reason

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

    The heating capability of several AOA [angle of attack] 
transducer heating elements removed from in-service aircraft has 
been found to be below the minimum requirement. Also, it was 
discovered that a large number of AOA transducers repaired in an 
approved maintenance facility were not calibrated accurately.
    Inaccurate calibration of the AOA transducer and/or degraded AOA 
transducer heating elements can result in early or late activation 
of the stall warning, stick shaker and stick pusher by the Stall 
Protection Computer (SPC).
    This [Canadian] directive mandates a periodic inspection of the 
inrush current to verify the AOA heating capability and replacement 
of the inaccurately calibrated AOA transducers.

Inaccurate calibration of the AOA transducers and/or degraded AOA 
transducer heating elements could result in an ineffective response 
to an aerodynamic stall and reduced controllability of the airplane.

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.

Restatement of Requirements of AD 2009-22-12

    (g) Do the following actions.
    (1) Within the applicable compliance times specified in Table 1 
of this AD: Measure the inrush current of both AOA transducers, in 
accordance with Part A of the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-27-051, dated May 14, 2009.

                      Table 1--Initial Measurement
------------------------------------------------------------------------
   For any AOA transducer that, as of
 November 13, 2009 (the effective date    Do the initial inrush current
  of AD 2009-22-12), has accumulated--            measurement--
------------------------------------------------------------------------
Less than 6,500 total flight hours.....  Before the AOA transducer has
                                          accumulated 7,500 total flight
                                          hours.

[[Page 60610]]

 
More than or equal to 6,500 total        Within 500 flight hours after
 flight hours but less than 7,500 total   November 13, 2009, but before
 flight hours.                            the AOA transducer has
                                          accumulated 8,000 total flight
                                          hours.
More than or equal to 7,500 total        Within 250 flight hours after
 flight hours.                            November 13, 2009.
------------------------------------------------------------------------

     (2) If, during any measurement required by paragraph (g)(1) of 
this AD, an AOA transducer is found to have an inrush current less 
than 1.60 amps (``degraded'' transducer), before further flight 
replace the transducer with a new or serviceable transducer, in 
accordance with Part C of the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-27-051, dated May 14, 2009. Do the 
measurement specified in paragraph (g)(1) of this AD for that 
replacement transducer at the times specified in paragraph (g)(2)(i) 
or (g)(2)(ii) of this AD.
    (i) At the applicable time specified in Table 2 of this AD if 
the degraded transducer was replaced with a serviceable transducer 
that is not new; or
    (ii) Within 2,000 flight hours after replacement if the degraded 
transducer was replaced with a new one.
    (3) If, during any measurement required by paragraph (g)(1) of 
this AD, an AOA transducer is found to have an inrush current more 
than or equal to 1.60 amps, repeat the measurement specified in 
paragraph (g)(1) of this AD thereafter at intervals not to exceed 
the applicable interval specified in Table 2 of this AD.

                Table 2--Repetitive Measurement Intervals
------------------------------------------------------------------------
 If the last inrush current measurement
 of the serviceable AOA transducer is--   Then repeat the measurement--
------------------------------------------------------------------------
More than or equal to 1.90 amps........  Within 2,000 flight hours after
                                          the last measurement.
More than or equal to 1.80 amps but      Within 1,500 flight hours after
 less than 1.90 amps.                     the last measurement.
More than or equal to 1.70 amps but      Within 1,000 flight hours after
 less than 1.80 amps.                     the last measurement.
More than or equal to 1.60 amps but      Within 500 flight hours after
 less than 1.70 amps.                     the last measurement.
------------------------------------------------------------------------

New Requirements of This AD

    (h) Within 6,000 flight hours after the effective date of this 
AD: Do an inspection to determine the serial number of the AOA 
transducer having P/N C16258AA, and to determine if the serial 
number has suffix ``A,'' in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-27-053, Revision 
B, dated January 12, 2010.
    (1) If the serial number is not specified in paragraph 1.A.(1) 
of Bombardier Service Bulletin 670BA-27-053, Revision B, dated 
January 12, 2010, no further action is required by this paragraph.
    (2) If the serial number is specified in paragraph 1.A.(1) of 
Bombardier Service Bulletin 670BA-27-053, Revision B, dated January 
12, 2010, and the serial number has a suffix ``A,'' no further 
action is required by this paragraph.
    (3) If the serial number is specified in paragraph 1.A.(1) of 
Bombardier Service Bulletin 670BA-27-053, Revision B, dated January 
12, 2010, and the serial number does not have suffix ``A,'' before 
further flight, replace the AOA transducer with a serviceable 
transducer, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-27-053, Revision B, dated January 
12, 2010.
    (i) As of the effective date of this AD, no person may install, 
on any airplane, an AOA transducer having P/N C16258AA with any 
serial number specified in paragraph 1.A.(1) of Bombardier Service 
Bulletin 670BA-27-053, Revision B, dated January 12, 2010, unless 
the serial number has a suffix ``A.''
    (j) Inspections and replacements accomplished before the 
effective date of this AD, according to the service information 
specified in Table 3 of this AD, are considered acceptable for 
compliance with the corresponding actions specified in this AD.

                    Table 3--Credit Service Bulletins
------------------------------------------------------------------------
     Service Bulletin--            Revision--              Date--
------------------------------------------------------------------------
Bombardier Service Bulletin   Original............  May 14, 2009.
 670BA-27-053.
Bombardier Service Bulletin   A...................  July 7, 2009.
 670BA-27-053.
------------------------------------------------------------------------

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (k) 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

    (l) Refer to MCAI Canadian Airworthiness Directive CF-2009-35, 
dated August 31, 2009; Bombardier Service Bulletin 670BA-27-051, 
dated May 14, 2009; and Bombardier Service Bulletin 670BA-27-053, 
Revision B,

[[Page 60611]]

dated January 12, 2010; for related information.

Material Incorporated by Reference

    (m) You must use Bombardier Service Bulletin 670BA-27-051, dated 
May 14, 2009; and Bombardier Service Bulletin 670BA-27-053, Revision 
B, dated January 12, 2010; as applicable; 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 Bombardier Service Bulletin 670BA-27-
053, Revision B, dated January 12, 2010, under 5 U.S.C. 552(a) and 1 
CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Bombardier Service Bulletin 670BA-27-
051, dated May 14, 2009, on November 13, 2009 (74 FR 55767, October 
29, 2009).
    (3) 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.
    (4) 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.
    (5) 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 September 16, 2010.
Robert D. Breneman,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-24255 Filed 9-30-10; 8:45 am]
BILLING CODE 4910-13-P