[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Proposed Rules]
[Pages 33658-33660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14348]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / 
Proposed Rules  

[[Page 33658]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0564; Directorate Identifier 2011-NM-021-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440); Model CL-600-2C10 (Regional Jet Series 
700, 701, & 702); Model CL-600-2D15 (Regional Jet Series 705); and 
Model CL-600-2D24 (Regional Jet Series 900) 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 been several in-service reports of airspeed mismatch 
between the pilot and co-pilot's airspeed indicators. It was 
discovered that during or after heavy rain, the pitot-static tubing 
may become partially or completely blocked by water, which fails to 
enter the drain bottles. Investigation revealed that drain bottles 
used in the primary pitot-static system include check valves, which 
impede the entry of water into the drain bottle. This condition, if 
not corrected, may result in erroneous airspeed and altitude 
indications.

* * * * *
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 July 25, 2011.

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; phone: 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: Christopher Alfano, Aerospace 
Engineer, Airframe & Mechanical Systems Branch, ANE-171, New York 
Aircraft Certification Office (ACO), FAA, 1600 Stewart Avenue, Suite 
410, Westbury, New York 11590; telephone: 516-228-7340; 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-2011-0564; 
Directorate Identifier 2011-NM-021-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 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 airworthiness 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2010-37, dated October 28, 2010 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    There have been several in-service reports of airspeed mismatch 
between the pilot and co-pilot's airspeed indicators. It was 
discovered that during or after heavy rain, the pitot-static tubing 
may become partially or completely blocked by water, which fails to 
enter the drain bottles. Investigation revealed that drain bottles 
used in the primary pitot-static system include check valves, which 
impede the entry of water into the drain bottle. This condition, if 
not corrected, may result in erroneous airspeed and altitude 
indications.
    This directive mandates replacement of the [certain] Water 
Accumulator Assemblies [with new water accumulator assemblies] to 
improve drainage of the pitot-static tubing.

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

Relevant Service Information

    Bombardier Inc., has issued Service Bulletin 601R-34-147, Revision 
B, dated March 8, 2011; and Service Bulletin 670BA-34-030, Revision B, 
dated March 23, 2010. 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

[[Page 33659]]

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 1,041 products of U.S. registry. We also estimate 
that it would take about 2 work-hours per product to comply with the 
basic requirements of this proposed AD. The average labor rate is $85 
per work-hour. Required parts would cost about $1,200 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 proposed AD on U.S. 
operators to be $1,426,170, or $1,370 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),
    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.

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-2011-0564; Directorate Identifier 
2011-NM-021-AD.

Comments Due Date

    (a) We must receive comments by July 25, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, serial numbers 7003 thru 
7067, 7069 thru 7990, 8000 thru 8107, and subsequent; 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.

Subject

    (d) Air Transport Association (ATA) of America Code 34: 
Navigation.

Reason

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

    There have been several in-service reports of airspeed mismatch 
between the pilot and co-pilot's airspeed indicators. It was 
discovered that during or after heavy rain, the pitot-static tubing 
may become partially or completely blocked by water, which fails to 
enter the drain bottles. Investigation revealed that drain bottles 
used in the primary pitot-static system include check valves, which 
impede the entry of water into the drain bottle. This condition, if 
not corrected, may result in erroneous airspeed and altitude 
indications.
* * * * *

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 9 months after the effective date of this AD, do the 
actions specified in paragraphs (g)(1) and (g)(2) of this AD, as 
applicable.
    (1) For Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes identified in Bombardier Service Bulletin 601R-34-147, 
Revision B, dated March 8, 2011: Replace water accumulator 
assemblies having part numbers (P/N) 50029-001, 9435015, 50030-001, 
and 9435014 installed on the pitot and static lines of the air data 
computer (ADC) with new or serviceable water accumulator assemblies 
having P/N 50036-001, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-34-147, Revision B, 
dated March 8, 2011.
    (2) For Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), 
CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet 
Series 900) airplanes: Replace water accumulator assemblies having 
P/N 50033-001 installed on the pitot and static lines of the ADC 
with new or serviceable water accumulator assemblies having P/N 
50036-001, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-34-030, Revision B, dated March 
23, 2010.

Parts Installation

    (h) As of the effective date of this AD, no person may install a 
water accumulator assembly P/N 50029-001, 9435015, 50030-001, or 
9435014 for Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes, or P/N 50033-001 for Model CL-600-2C10 (Regional Jet 
Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet Series 
705), and

[[Page 33660]]

Model CL-600-2D24 (Regional Jet Series 900) airplanes on the pitot 
and static lines of the ADC, on any airplane.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (i) Replacing water accumulator assemblies in accordance with 
Bombardier Service Bulletin 670BA-34-147, dated April 1, 2009; or 
Revision A, dated November 3, 2009; before the effective date of 
this AD is acceptable for compliance with the corresponding 
replacement required by paragraph (g)(1) of this AD.
    (j) Replacing water accumulator assemblies in accordance with 
Bombardier Service Bulletin 670BA-34-030, dated April 1, 2009; or 
Revision A, dated November 3, 2009; (for Model CL-600-2C10, CL-600-
2D15, and CL-600-2D24 airplanes), before the effective date of this 
AD, is acceptable for compliance with the corresponding replacement 
required by paragraph (g)(2) of this AD.

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. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the ACO, send it 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.

Related Information

    (l) Refer to MCAI Transport Canada Civil Aviation Airworthiness 
Directive CF-2010-37, dated October 28, 2010; Bombardier Service 
Bulletin 601R-34-147, Revision B, dated March 8, 2011; and 
Bombardier Service Bulletin 670BA-34-030, Revision B, dated March 
23, 2010; for related information.

    Issued in Renton, Washington, on May 31, 2011.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-14348 Filed 6-8-11; 8:45 am]
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