[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Proposed Rules]
[Pages 69609-69611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28604]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1113; Directorate Identifier 2010-NM-121-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:

    During flight-testing of a wing anti-ice piccolo tube containing 
a deliberate small breach, it was determined that the wing leading 
edge thermal switches Part Number (P/N) 601R59320-1 were not 
detecting the consequent bleed leak at the design threshold. As a 
result, Airworthiness Limitation (AWL) tasks, consisting of a 
functional check of the wing leading edge thermal switches (P/N 
601R59320-1) and an inspection of the wing anti-ice duct piccolo 
tubes on aeroplanes with these switches installed, have been 
introduced. These tasks will limit exposure to dormant failure of 
the wing leading edge thermal switches in the event of piccolo tube 
failure, which could potentially compromise the structural integrity 
of the wing leading edge and the effectiveness of the wing anti-ice 
system.
* * * * *

    The unsafe condition is loss of control of the airplane. 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 December 30, 
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: Cesar Gomez, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone (516) 228-7318; 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-2010-1113; 
Directorate Identifier 2010-NM-121-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

    The Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2010-12, dated May 26, 2010 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    During flight-testing of a wing anti-ice piccolo tube containing 
a deliberate small breach, it was determined that the wing leading 
edge thermal switches Part Number

[[Page 69610]]

(P/N) 601R59320-1 were not detecting the consequent bleed leak at 
the design threshold. As a result, Airworthiness Limitation (AWL) 
tasks, consisting of a functional check of the wing leading edge 
thermal switches (P/N 601R59320-1) and an inspection of the wing 
anti-ice duct piccolo tubes on aeroplanes with these switches 
installed, have been introduced. These tasks will limit exposure to 
dormant failure of the wing leading edge thermal switches in the 
event of piccolo tube failure, which could potentially compromise 
the structural integrity of the wing leading edge and the 
effectiveness of the wing anti-ice system.
    This directive mandates revision of the approved maintenance 
schedule to include the above referenced tasks, including phase-in 
schedules that supersede the phase-in schedules specified in the AWL 
tasks.

    Note: Thermal switches, P/N 601R59320-1, were installed in 
production on aircraft Serial Numbers (S/N) 7213 and subsequent. 
Service Bulletin 601R-30-022 covered in-service installation of 
these switches on aircraft S/Ns 7003 through 7212.


    The unsafe condition is loss of control of the airplane. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Temporary Revisions (TR) 2A-49 and TR 2A-50, 
both dated November 17, 2009, to Appendix A, ``Certification 
Maintenance Requirements,'' of Part 2, ``Airworthiness Limitations,'' 
of the Bombardier CL-600-2B19 Maintenance Requirements Manual. 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 628 products of U.S. registry. We also estimate that 
it would take about 1 work-hour 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 $53,380, or $85 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-2010-1113; Directorate Identifier 
2010-NM-121-AD.

Comments Due Date

    (a) We must receive comments by December 30, 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 and subsequent.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During flight-testing of a wing anti-ice piccolo tube containing 
a deliberate small breach, it was determined that the wing leading 
edge thermal switches Part Number (P/N) 601R59320-1 were not 
detecting the consequent bleed leak at the design threshold. As a 
result, Airworthiness Limitation (AWL) tasks, consisting of a 
functional check of the wing leading edge thermal switches (P/N 
601R59320-1) and an inspection of the wing anti-ice duct piccolo 
tubes on aeroplanes with these switches installed, have been 
introduced. These tasks will limit exposure to dormant failure of 
the wing leading edge thermal switches in the event of piccolo tube 
failure, which could potentially compromise the structural integrity 
of the wing leading edge and the effectiveness of the wing anti-ice 
system.
* * * * *
    The unsafe condition is loss of control of the airplane.

[[Page 69611]]

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) Within 30 days after the effective date of this AD, revise 
the Airworthiness Limitations section (ALS) of the Instructions for 
Continued Airworthiness (ICA) by incorporating Task Number C36-20-
133-03 specified in Bombardier Temporary Revision (TR) 2A-50, dated 
November 17, 2009; and Task Number C30-10-133-01 specified in 
Bombardier TR 2A-49, dated November 17, 2009; into Appendix A, 
``Certification Maintenance Requirements,'' of Part 2 of the 
Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM). For 
these tasks, the initial compliance time starts at the applicable 
time specified in paragraphs (g)(1) and (g)(2) of this AD. 
Thereafter, except as provided by paragraph (h) of this AD, no 
alternative functional check of the thermal switch or detailed 
visual inspection of the piccolo tube may be approved.

    Note 1: The actions required by paragraph (g) of this AD may be 
done by inserting a copy of Bombardier TR 2A-49 and TR 2A-50, both 
dated November 17, 2009, into the Appendix A of Part 2 of the 
Bombardier CL-600-2B19 MRM. When these TRs have been included in 
Appendix A of Part 2 of the general revisions of the MRM, the 
general revisions may be inserted in the MRM, provided that the 
relevant information in the general revision is identical to that in 
Bombardier TR 2A-49 and TR 2A-50, both dated November 17, 2009.

    (1) For Task Number C36-20-133-03, the initial compliance time 
is before the accumulation of 15,000 total flight hours or within 7 
months after the effective date of this AD, whichever occurs later.
    (2) For Task Number C30-10-133-01, the initial compliance time 
is before the accumulation of 15,000 total flight hours on the 
piccolo tube or within 7 months after the effective date of this AD, 
whichever occurs later.

FAA AD Differences

    Note 2:  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 Canadian Airworthiness Directive CF-2010-12, 
dated May 26, 2010; and Bombardier TR 2A-49, dated November 17, 
2009, and Bombardier TR 2A-50, dated November 17, 2009 to Appendix 
A, ``Certification Maintenance Requirements,'' of Part 2 of the 
Bombardier CL-600-2B19 MRM; for related information.

    Issued in Renton, Washington, on November 3, 2010.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-28604 Filed 11-12-10; 8:45 am]
BILLING CODE 4910-13-P