[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Rules and Regulations]
[Pages 40488-40490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14578]



[[Page 40488]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-7266; Directorate Identifier 2016-NM-085-AD; 
Amendment 39-18566; AD 2016-13-02]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2016-09-04 for 
certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. AD 2016-09-04 required replacement of incorrectly 
calibrated angle of attack (AOA) transducers. This new AD requires the 
same actions as AD 2016-09-04. This new AD was prompted by a report of 
a typographical error in the regulatory text of AD 2016-09-04. We are 
issuing this AD detect and replace incorrectly calibrated AOA 
transducers; incorrect calibration of the transducers could result in 
late activation of the stick pusher.

DATES: This AD is effective July 7, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 6, 2016 
(81 FR 26102, May 2, 2016).
    We must receive comments on this AD by August 8, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 W12-140, 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 final rule, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; Widebody Customer Response Center North America toll-
free telephone: 1-866-538-1247 or direct-dial telephone: 1-514-855-
2999; fax: 514-855-7401; email: [email protected]; Internet: 
http://www.bombardier.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221. It is also available on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2016-7266.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
7266; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., 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, 
NY 11590; telephone: 516-228-7318; fax: 516-794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    On April 20, 2016, we issued AD 2016-09-04, Amendment 39-18502 (81 
FR 26102, May 2, 2016) (``AD 2016-09-04''), for certain Bombardier, 
Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. AD 
2016-09-04 was prompted by the discovery of a number of incorrectly 
calibrated AOA transducers installed in the stall protection system. AD 
2016-09-04 required replacement of incorrectly calibrated AOA 
transducers. We issued AD 2016-09-04 to detect and replace incorrectly 
calibrated AOA transducers; incorrect calibration of the transducers 
could result in late activation of the stick pusher.
    Since we issued AD 2016-09-04, we received a report of a 
typographical error in the regulatory text of AD 2016-09-04. Paragraph 
(h) of AD 2016-09-04 inadvertently stated, ``having a part number or 
serial number.'' This should have stated ``having a part number and 
serial number.'' We have revised paragraph (h) of this AD accordingly.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2015-17, dated July 16, 
2015 (referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. The MCAI states:

    It was discovered that a number of AOA transducers installed on 
Bombardier CL-600-2B19 aeroplanes were incorrectly calibrated due to 
a quality control problem at both the production and repair 
facilities. Incorrect calibration of the AOA transducer could result 
in a late activation of the stick pusher.
    This [Canadian] AD mandates the replacement of the incorrectly 
calibrated AOA transducer.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
7266.

Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier Service Bulletin 601R-27-164, dated March 
30, 2015. The service information describes procedures for replacement 
of incorrectly calibrated AOA transducers with correctly calibrated AOA 
transducers. This service information is reasonably available because 
the interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

FAA's Justification and Determination of the Effective Date

    We are superseding AD 2016-09-04 to correct a typographical error 
in the regulatory text. No other changes have been made to AD 2016-09-
04. Therefore, we determined that notice and opportunity for public 
comment are unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and

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we did not precede it by notice and opportunity for public comment. We 
invite you to send any written relevant data, views, or arguments about 
this AD. Send your comments to an address listed under the ADDRESSES 
section. Include ``Docket No. FAA-2016-7266; Directorate Identifier 
2016-NM-085-AD'' at the beginning of your comments. We specifically 
invite comments on the overall regulatory, economic, environmental, and 
energy aspects of this AD. We will consider all comments received by 
the closing date and may amend this AD because of 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 AD.

Costs of Compliance

    We estimate that this AD affects 575 airplanes of U.S. registry.
    We also estimate that it would take about 4 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts would cost about $10,000 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $5,945,500, or $10,340 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, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

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 removing airworthiness directive (AD) 
2016-09-04, Amendment 39-18502 (81 FR 26102, May 2, 2016), and adding 
the following new AD:

2016-13-02 Bombardier, Inc.: Amendment 39-18566. Docket No. FAA-
2016-7266; Directorate Identifier 2016-NM-085-AD.

(a) Effective Date

    This AD is effective July 7, 2016.

(b) Affected ADs

    This AD replaces AD 2016-09-04, Amendment 39-18502 (81 FR 26102, 
May 2, 2016) (``AD 2016-09-04'').

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category, 
serial numbers 7003 through 7067 inclusive, 7069 through 7990 
inclusive, and 8000 through 8999 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Reason

    This AD was prompted by the discovery of a number of incorrectly 
calibrated angle of attack (AOA) transducers installed in the stall 
protection system. We are issuing this AD to detect and replace 
incorrectly calibrated AOA transducers; incorrect calibration of the 
transducers could result in late activation of the stick pusher.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Replacement of AOA Transducers With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2016-09-04, with no changes. For AOA transducers identified in 
paragraph 1.A., ``Effectivity,'' of Bombardier Service Bulletin 
601R-27-164, dated March 30, 2015: Within 2,500 flight hours or 12 
months, whichever occurs first after June 6, 2016 (the effective 
date of AD 2016-09-04), replace the AOA transducers with correctly 
calibrated AOA transducers, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-27-164, dated March 
30, 2015.

(h) Retained Parts Installation Prohibition, With a Change to the 
Affected Parts Language

    This paragraph restates the parts installation prohibition 
specified in paragraph (h) of AD 2016-09-04, with a change to the 
affected parts language. As of June 6, 2016 (the effective date of 
AD 2016-09-04), no person may install, on any airplane, an AOA 
transducer having a part number and serial number listed in 
paragraph 1.A., ``Effectivity,'' of Bombardier Service Bulletin 
601R-27-164, dated March 30, 2015.

(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 
410, Westbury, NY 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) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the Manager, New York ACO, ANE-170, FAA; or Transport 
Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design 
Approval Organization (DAO). If approved by the DAO, the approval 
must include the DAO-authorized signature.

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(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian AD CF-2015-17, dated July 16, 2015, for related 
information. This MCAI may be found in the AD docket on the Internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2016-7266.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
June 6, 2016, (81 FR 26102, May 2, 2016).
    (i) Bombardier Service Bulletin 601R-27-164, dated March 30, 
2015.
    (ii) Reserved.
    (4) For service information identified in this AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center 
North America toll-free telephone: 1-866-538-1247 or direct-dial 
telephone: 1-514-855-2999; fax: 514-855-7401; email: 
[email protected]; Internet: http://www.bombardier.com.
    (5) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (6) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 13, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-14578 Filed 6-21-16; 8:45 am]
 BILLING CODE 4910-13-P