[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Rules and Regulations]
[Pages 64801-64803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26081]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0564; Directorate Identifier 2011-NM-021-AD; 
Amendment 39-16830; AD 2011-21-07]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for 
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. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by an airworthiness 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.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective November 23, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 23, 
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: 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: 

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 June 9, 2011 (76 FR 
33658). That NPRM proposed 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 [Transport Canada Civil Aviation (TCCA)] 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.

Comments

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

Request for Frequent Repetitive Inspections Instead of Replacements

    Mesa Airlines requested we revise the NPRM (76 FR 33658, June 9, 
2011) to change the maintenance program to reduce the repetitive 
inspection intervals for the water accumulator as an option to 
installing the enlarged drain tubes. Mesa stated that the main pitot-
static drain assemblies on its fleet are inspected for moisture every 
500 or 600 flight hours (depending on the model).
    We disagree because the pitot static tubing/water accumulator has a 
design deficiency that may cause it to become partially or completely 
blocked by water. This pitot static tubing/water accumulator design 
must be replaced with a new pitot static water accumulator design to 
eliminate this unsafe condition. Inspecting the pitot static water 
accumulator more frequently will not meet the intent of this AD. Once 
we issue this AD, any operator may request approval of an alternative 
method of compliance (AMOC) under the provisions of paragraph (k)(1) of 
this AD. Sufficient data must be submitted to substantiate that 
repetitive inspections would provide an acceptable level of safety. We 
have not changed the AD in this regard.

Request To Change Applicability Serial Numbers To Match Service 
Bulletin

    American Eagle Airlines requested that paragraph (c) of the NPRM 
(76 FR 33658, June 9, 2011) be changed from including all serial 
numbers of the specified airplanes to only those serial numbers called 
out in 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. American Eagle stated as justification that the 
requirements of the NPRM were incorporated on airplanes going forward 
in production, and the illustrated parts catalog applicability has been 
updated for the affected part as well.
    We disagree. Transport Canada Civil Aviation (TCCA), which is the 
airworthiness authority for Canada, has determined that all serial 
numbers of the specified airplane models need to be called out in its 
AD in order to prevent unsafe parts from being installed in any 
airplane. We agree with TCCA that all serial numbers need to be 
included in this AD, and also have included in paragraph (h) of the AD 
a prohibition against installing certain unsafe water accumulator 
assemblies on the pitot and static lines of the air data computer on 
any airplane.

Conclusion

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

[[Page 64802]]

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 a U.S. court of 
law. 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 described in a separate paragraph of the AD. These requirements, if 
any, take precedence over the actions copied from the MCAI.

Costs of Compliance

    We estimate that this AD will affect 1,041 products of U.S. 
registry. We also estimate that it will take about 2 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work-hour. Required parts will 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 parts. 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 this AD to the 
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 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 (76 FR 33658, June 9, 2011), 
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:

2011-21-07 Bombardier, Inc.: Amendment 39-16830. Docket No. FAA-
2011-0564; Directorate Identifier 2011-NM-021-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
23, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, serial numbers 7003 
through 7067 inclusive, 7069 through 7990 inclusive, 8000 through 
8107 inclusive, and subsequent; all Model CL-600-2C10 (Regional Jet 
Series 700, 701, & 702) airplanes; all Model CL-600-2D15 (Regional 
Jet Series 705) airplanes; and all 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.

[[Page 64803]]

Parts Installation

    (h) As of the effective date of this AD, no person may install 
on any airplane 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 Model CL-600-2D24 (Regional Jet Series 900) 
airplanes on the pitot and static lines of the ADC.

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 ((for Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes)), 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 (Regional 
Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series 705), 
and CL-600-2D24 (Regional Jet Series 900) 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.

Material Incorporated by Reference

    (m) You must use 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; 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; phone: 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 September 28, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-26081 Filed 10-18-11; 8:45 am]
BILLING CODE 4910-13-P