[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Rules and Regulations]
[Pages 34772-34774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15360]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1008; Product Identifier 2018-NM-126-AD; Amendment 
39-19666; AD 2019-12-11]
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: The FAA is 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 indicating there is a 
possibility of excessive error in the signal generated by the angle of 
attack (AOA) transducer. This AD requires replacing certain AOA 
transducers. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective August 23, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 23, 
2019.

ADDRESSES: 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 service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2018-1008.

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-2018-
1008; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: John DeLuca, Aerospace Engineer, 
Avionics and Electrical Systems Services Section, FAA, New York ACO 
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
516-228-7369; fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Bombardier, 
Inc., Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The 
NPRM published in the Federal Register on December 11, 2018 (83 FR 
63594). The NPRM was prompted by reports indicating there is a 
possibility of excessive error in the signal generated by the AOA 
transducer. The NPRM proposed to require replacing certain AOA 
transducers.
    The FAA is issuing this AD to address this potential error, which, 
if not detected by the stall protection computer, could lead to late 
activation of the stall protection system and possible loss of control 
of the airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2018-17, dated June 29, 
2018 (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:

    Bombardier has received reports from the manufacturer of its 
Angle of Attack (AOA) transducers indicating that there is a 
possibility of excessive error in the signal generated by the AOA 
Transducer. It is possible that this error may not be detected by 
the stall protection computer, which could lead to late stall 
protection system activation and potentially result in the loss of 
control of the aeroplane. The error could be a result of incorrect 
assembly or/and internal wear in the AOA Transducer.
    This [Canadian] AD mandates the modification or replacement of 
the AOA transducers in order to prevent late activation of the stick 
pusher in the stall protection system.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1008.

[[Page 34773]]

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request To Reduce Proposed Applicability of This AD

    Air Wisconsin Airlines (Air Wisconsin) recommended revising 
paragraph (c) of the proposed AD to restrict the applicability to only 
those airplanes equipped with the affected parts. Air Wisconsin 
suggested adding the phrase ``having AOA transducers P/Ns [part 
numbers] 45-150-340, C16258AA, or C16258AB'' to the end of the sentence 
that specifies the airplane models and serial numbers. Air Wisconsin 
pointed out that some airplanes might have unaffected part numbers 
installed, either by having installed a supplemental type certificate 
or prior accomplishment of the service information.
    The FAA has not changed the AD as recommended by the commenter, 
because the affected AOA transducers are rotable parts and might be 
later installed on airplanes not initially delivered with the affected 
AOA transducers, or that did not have an affected AOA installed on the 
effective date of this AD. Paragraph (f) of this AD provides relief for 
airplanes on which the AOA transducer has been replaced prior to the 
effective date of this AD.

Request To Extend Proposed Compliance Time for Parts Installation 
Prohibition

    Air Wisconsin requested that the compliance time for the Parts 
Installation Prohibition specified in paragraph (h) of the proposed AD 
be revised to match the compliance time for the AOA replacement 
required in paragraph (g) of this AD. Air Wisconsin suggested that, 
based on the date of the service information and the amount of time 
Bombardier recommends the service information be performed within, it 
would appear as through there is not an imminent pending failure of the 
parts.
    The FAA disagrees with the request to extend the compliance time 
for the parts installation prohibition specified in paragraph (h) of 
this AD. In general, once the FAA has determined that an unsafe 
condition exists, the FAA does not allow that condition to be 
introduced into the fleet. In developing the technical information on 
which every AD is based, the FAA considers the availability of 
replacement parts that the AD will require to be installed. Replacement 
parts are available to operators, and this AD prohibits installation of 
the unsafe parts. The FAA's determination regarding compliance time is 
consistent with TCCA's compliance time determination. The FAA has not 
changed this AD in this regard.

Request To Clarify Airplanes Affected by Parts Installation Prohibition

    Air Wisconsin requested a revision to paragraph (h) of the proposed 
AD to clarify that ``any airplane'' means those airplanes identified in 
paragraph (c) of the proposed AD.
    The FAA finds that the requested change is unnecessary, because 
paragraph (c) of this AD establishes the AD's applicability for the 
airplanes in which the actions in paragraph (h) of this AD apply.

Request To Address Connection Between the Proposed AD and AD 2010-08-
03, Amendment 39-16258 (75 FR 19203, April 14, 2010) (``AD 2010-08-
03'')

    Air Wisconsin requested that AD 2010-08-03 be addressed in this AD 
because that AD applies to the same airplane model, serial numbers, and 
AOA parts identified in the proposed AD.
    The FAA disagrees with the request to reference AD 2010-08-03, 
because that AD is not affected by this AD. Although, AD 2010-08-03 and 
this AD both require actions on the AOA transducer, the two ADs address 
different root causes or failure modes. The primary focus of AD 2010-
08-03 was heater element degradation and inaccurate calibration in AOA 
transducers. The focus of this AD is possible excessive error in the 
signal from the AOA transducer, which became known at a later time. 
Therefore, since the required actions in this AD are not related to the 
required actions in AD 2010-08-03, the FAA has not changed this AD in 
this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 601R-27-165, dated December 
20, 2016. This service information describes procedures for replacing 
certain AOA transducers with new or modified 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.

Costs of Compliance

    The FAA estimates that this AD affects 525 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Labor cost                  Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour =      Up to $6,800........  Up to $7,225.......  Up to $3,793,125.
 $425.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in its cost estimate.

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.
    The FAA is issuing this rulemaking under the authority described in

[[Page 34774]]

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    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) Will not affect intrastate aviation in Alaska, 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.

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 airworthiness 
directive (AD):

2019-12-11 Bombardier, Inc.: Amendment 39-19666; Docket No. FAA-
2018-1008; Product Identifier 2018-NM-126-AD.

(a) Effective Date

    This AD is effective August 23, 2019.

(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, 
having serial numbers 7003 through 7067 inclusive and 7069 through 
7891 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports indicating there is a 
possibility of excessive error in the signal generated by the angle 
of attack (AOA) transducer. The FAA is issuing this AD to address 
this potential error, which, if not detected by the stall protection 
computer, could lead to late activation of the stall protection 
system and possible loss of control of the airplane.

(f) Compliance

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

(g) Replacement of AOA Transducers

    Within 9,000 flight hours or 46 months, whichever occurs first, 
after the effective date of this AD, replace the AOA transducers 
having part number (P/N) 45-150-340, C16258AA, or C16258AB, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-27-165, dated December 20, 2016.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install any 
AOA transducer having P/N 45-150-340, C16258AA, or C16258AB, on any 
Bombardier, Inc., Model CL-600-2B19 airplane.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO Branch, 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 certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 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.
    (2) Contacting the Manufacturer: 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 
Branch, 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2018-17, dated June 29, 2018, 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-2018-1008.
    (2) For more information about this AD, contact John DeLuca, 
Aerospace Engineer, Avionics and Electrical Systems Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7369; fax 516-794-5531; email 
[email protected].

(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.
    (i) Bombardier Service Bulletin 601R-27-165, dated December 20, 
2016.
    (ii) [Reserved]
    (3) 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.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) 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 Des Moines, Washington, on June 28, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-15360 Filed 7-18-19; 8:45 am]
 BILLING CODE 4910-13-P