[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Rules and Regulations]
[Pages 8605-8607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3041]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1113; Directorate Identifier 2010-NM-121-AD; 
Amendment 39-16603; AD 2011-04-03]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

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 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. We are issuing 
this AD to require actions to correct the unsafe condition on these 
products.

DATES: This AD becomes effective March 22, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 22, 
2011.

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: 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:

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 15, 2010 
(75 FR 69609). That NPRM proposed 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 (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.

[[Page 8606]]

    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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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.

Costs of Compliance

    We estimate that this AD will affect 628 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the 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 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

    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:

2011-04-03 Bombardier, Inc.: Amendment 39-16603. Docket No. FAA-
2010-1113; Directorate Identifier 2010-NM-121-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
22, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 and 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.

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 maintenance 
program by incorporating Task C36-20-133-03 specified in Bombardier 
Temporary Revision (TR) 2A-50, dated November 17, 2009; and Task 
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

[[Page 8607]]

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 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 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, notify 
your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding 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: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave., 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

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.

Material Incorporated by Reference

    (j) You must use Bombardier Temporary Revision 2A-49, dated 
November 17, 2009; and Bombardier Temporary Revision 2A-50, dated 
November 17, 2009; to Appendix A, ``Certification Maintenance 
Requirements,'' of Part 2 of the Bombardier CL-600-2B19 Maintenance 
Requirements Manual; 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 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 February 3, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-3041 Filed 2-14-11; 8:45 am]
BILLING CODE 4910-13-P