[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24362-24364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9199]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1224; Directorate Identifier 2011-NM-175-AD; 
Amendment 39-17021; AD 2012-08-04]
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 certain 
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This AD was prompted by reports of the air driven generator 
(ADG) failing to power essential buses during functional tests, due to 
the low threshold setting of the circuit protection on the ADG's 
generator control unit (GCU) preventing the ADG from supplying power to 
the essential buses. This AD requires installing a new or serviceable 
ADG GCU. We are issuing this AD to prevent loss of power from the ADG 
to the essential buses which, in the event of an emergency, could 
prevent continued safe flight.

DATES: This AD becomes effective May 29, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 29, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the

[[Page 24363]]

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: Assata Dessaline, Aerospace Engineer, 
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone (516) 228-7301; 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 8, 2011 (76 
FR 69157). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    There have been several occurrences of the air driven generator 
(ADG) failure to power essential buses during functional tests of 
the ADG. It was found that the low threshold setting of the circuit 
protection on the ADG generator control unit (GCU) can prevent the 
supply of power from the ADG to the essential buses. In the event of 
an emergency, loss of power to the essential buses can prevent 
continued safe flight.
This [TCCA] directive mandates the replacement of the ADG GCU.

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 have considered the comments received.

Request To Shorten the Compliance Time

    The Air Line Pilots Association, International (ALPA) requested the 
compliance time of ``24 months after the effective date of the AD'' be 
reduced because ALPA believes that the compliance time is too long to 
comply with the proposed AD (76 FR 69157, November 8, 2011) based on 
the importance of replacement.
    We do not agree to shorten the compliance time. In developing the 
compliance time, we determined that the compliance time of 24 months is 
appropriate in considering the safety implications, the average 
utilization rate of the affected fleet, the practical aspects of an 
orderly inspection of the fleet during regular maintenance periods, and 
the availability of required replacement parts. In addition, our 
compliance time corresponds with the 24-month compliance time of the 
parallel AD issued by Transport Canada Civil Aviation (TCCA). We have 
not changed the AD in this regard.

Request To Reference Hamilton Sundstrand's Part Number

    Comair, Inc. requested that we revise paragraphs (g) and (h) of the 
NPRM (76 FR 69157, November 8, 2011) to reference Hamilton Sundstrand's 
part number, in addition to the Bombardier part numbers for the ADG 
GCU, because by doing so, Comair believes the AD will make certain all 
suspect ADG GCUs are removed and replaced and will be congruent with 
the manufacturer's manual.
    We agree with the request to reference Hamilton Sundstrand's part 
number for the ADG GCU that is affected, and not higher assembly part 
numbers. Bombardier Service Bulletin 601R-24-130, dated April 27, 2011, 
refers to Hamilton Sundstrand Service Bulletin ERPS10G-24-1, dated 
February 9, 2011, as an additional source of guidance for modifying and 
testing the ADG GCU with new printed wiring assemblies and re-
identifying the GCU with a new part number. We have updated paragraphs 
(g) and (h) of this AD to include the Hamilton Sundstrand part number.

Request To Revise Costs of Compliance Section

    Air Wisconsin requested that we revise the Costs of Compliance 
section of the NPRM (76 FR 69157, November 8, 2011) to show a more 
accurate cost to operators of 7 hours labor. While the task of 
replacing the ADG CGU requires 2 hours of labor, the commenter states 
that post-modification testing requires an additional 5 work-hours.
    We partially agree. The work-hours quoted in Bombardier Service 
Bulletin 601R-24-130, dated April 28, 2011, include only the labor time 
required for replacement, while the Hamilton Sundstrand service 
information estimates 4 work-hours for replacement of the printed 
wiring assemblies from the GCU and functional testing of the ADG. 
Because it may be necessary to do a non-destructive test (NDT) 
inspection on some airplanes, we have added an additional work-hour. We 
have changed the labor time required to 6 work-hours in the Costs of 
Compliance section 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 changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD affects 
589 products of U.S. registry. We also estimate that it takes 6 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 cost $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 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 the AD 
on U.S. operators to be $300,390, or $510 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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative,

[[Page 24364]]

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 69157, November 8, 
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:

2012-08-04 Bombardier, Inc.: Amendment 39-17021. Docket No. FAA-
2011-1224; Directorate Identifier 2011-NM-175-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 29, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category, 
serial numbers 7305 through 7990 inclusive, and 8000 through 8109 
inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 24: Electrical 
Power.

(e) Reason

    This AD was prompted by reports of the air driven generator 
(ADG) failing to power essential buses during functional tests, due 
to the low threshold setting of the circuit protection on the ADG's 
generator control unit (GCU) preventing the ADG from supplying power 
to the essential buses. We are issuing this AD to prevent loss of 
power from the ADG to the essential buses which, in the event of an 
emergency, could prevent continued safe flight.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Actions

    Within 24 months after the effective date of this AD, remove the 
ADG GCU, Bombardier part number (P/N) 604-90800-7 (Hamilton 
Sundstrand P/N 761341A), and install a new or serviceable ADG GCU, 
Bombardier P/N 604-90800-27 (Hamilton Sundstrand P/N 761341B), in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-24-130, dated April 27, 2011.

(h) Parts Installation

    As of the effective date of this AD, no person may install an 
ADG GCU, Bombardier P/N 604-90800-7 (Hamilton Sundstrand P/N 
761341A) on any airplane.

(i) Other FAA AD Provisions

    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 ACO, send it to Attn: Program Manager, Continuing 
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 
10, 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.

(j) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-26, dated 
July 25, 2011; and Bombardier Service Bulletin 601R-24-130, dated 
April 27, 2011; for related information.

(k) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:
    (i) Bombardier Service Bulletin 601R-24-130, dated April 27, 
2011.
    (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; email [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 an NARA facility, 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 April 6, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-9199 Filed 4-23-12; 8:45 am]
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