[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Proposed Rules]
[Pages 25791-25794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10887]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0438; Directorate Identifier 2009-NM-265-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. 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
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 that would supersede an existing AD. 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:
The heating capability of several [angle of attack] AOA
transducer heating elements removed from in-service aircraft has
been found to be below the minimum requirement. Also, it was
discovered that a large number of AOA transducers repaired in an
approved maintenance facility were not calibrated accurately.
Inaccurate calibration of the AOA transducer and/or degraded AOA
transducer heating elements can result in early or late activation
of the stall warning, stick shaker and stick pusher by the Stall
Protection Computer (SPC).
Inaccurate calibration of the AOA transducers and/or degraded AOA
transducer heating elements could result in an ineffective response to
an
[[Page 25792]]
aerodynamic stall and reduced controllability of the airplane. 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 June 24, 2010.
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; telephone 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: Wing Chan, Aerospace Engineer,
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7311; 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-2010-0438;
Directorate Identifier 2009-NM-265-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 have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
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
On October 16, 2009, we issued AD 2009-22-12, Amendment 39-16065
(74 FR 55767, October 29, 2009). That AD required actions intended to
address an unsafe condition on the products listed above.
When we issued AD 2009-22-12, we stated that we did not include
certain actions (the inspection to determine if certain transducers are
installed and replaced if necessary in paragraph (h) of this proposed
AD) because the planned compliance time was not enough to give notice
as AD 2009-22-12 was issued as an immediately adopted rule. We now have
determined that further rulemaking is indeed necessary, and this
proposed AD follows from that determination.
Relevant Service Information
Bombardier Inc. has issued Service Bulletin 670BA-27-053, Revision
A, dated July 7, 2009. 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 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 368 products of U.S. registry.
The actions that are required by AD 2009-22-12 and retained in this
proposed AD take about 1 work-hour per product, at an average labor
rate of $85 per work hour. Based on these figures, the estimated cost
of the currently required actions is $85 per product.
We estimate that it would take about 5 work-hours per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $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 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 $156,400, or $425 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:
[[Page 25793]]
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); 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 proposed 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 removing Amendment 39-16065 (74 FR
55767, October 29, 2009) and adding the following new AD:
Bombardier, Inc.: Docket No. FAA-2010-0438; Directorate Identifier
2009-NM-265-AD.
Comments Due Date
(a) We must receive comments by June 24, 2010.
Affected ADs
(b) This AD supersedes AD 2009-22-12, Amendment 39-16065.
Applicability
(c) This AD applies to Bombardier, Inc. 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, that are
equipped with Thales angle of attack (AOA) transducers having part
number (P/N) C16258AA.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
Controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
The heating capability of several [angle of attack] AOA
transducer heating elements removed from in-service aircraft has
been found to be below the minimum requirement. Also, it was
discovered that a large number of AOA transducers repaired in an
approved maintenance facility were not calibrated accurately.
Inaccurate calibration of the AOA transducer and/or degraded AOA
transducer heating elements can result in early or late activation
of the stall warning, stick shaker and stick pusher by the Stall
Protection Computer (SPC).
This [Canadian] directive mandates a periodic inspection of the
inrush current to verify the AOA heating capability and replacement
of the inaccurately calibrated AOA transducers.
Inaccurate calibration of the AOA transducers and/or degraded AOA
transducer heating elements could result in an ineffective response
to an aerodynamic stall and reduced controllability of the airplane.
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.
Restatement of Requirements of AD 2009-22-12:
(g) Do the following actions.
(1) Within the applicable compliance times specified in Table 1
of this AD: Measure the inrush current of both AOA transducers, in
accordance with Part A of the Accomplishment Instructions of
Bombardier Service Bulletin 670BA-27-051, dated May 14, 2009.
Table 1--Initial Measurement
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For any AOA transducer that, as of
November 13, 2009 (the effective date Do the initial inrush current
of AD 2009-22-12), has accumulated-- measurement--
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Less than 6,500 total flight hours..... Before the AOA transducer has
accumulated 7,500 total flight
hours.
More than or equal to 6,500 total Within 500 flight hours after
flight hours but less than 7,500 total November 13, 2009 (the
flight hours. effective date of AD
2009[dash]22-12), but before
the AOA transducer has
accumulated 8,000 total flight
hours.
More than or equal to 7,500 total Within 250 flight hours after
flight hours. November 13, 2009.
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(2) If, during any measurement required by paragraph (g)(1) of
this AD, an AOA transducer is found to have an inrush current less
than 1.60 amps (``degraded'' transducer), before further flight
replace the transducer with a new or serviceable transducer, in
accordance with Part C of the Accomplishment Instructions of
Bombardier Service Bulletin 670BA-27-051, dated May 14, 2009. Do the
measurement specified in paragraph (g)(1) of this AD for that
replacement transducer at the times specified in (g)(2)(i) or
(g)(2)(ii) of this AD.
(i) At the applicable time specified in Table 2 of this AD if
the degraded transducer was replaced with a serviceable transducer
that is not new; or
(ii) Within 2,000 flight hours after replacement if the degraded
transducer was replaced with a new one.
(3) If, during any measurement required by paragraph (g)(1) of
this AD, an AOA transducer is found to have an inrush current more
than or equal to 1.60 amps, repeat the measurement specified in
paragraph (g)(1) of this AD thereafter at intervals not to exceed
the applicable interval specified in Table 2 of this AD.
[[Page 25794]]
Table 2--Repetitive Measurement Intervals
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If the last inrush current measurement
of the serviceable AOA transducer is-- Then repeat the measurement--
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More than or equal to 1.90 amps........ Within 2,000 flight hours after
the last measurement.
More than or equal to 1.80 amps but Within 1,500 flight hours after
less than 1.90 amps. the last measurement.
More than or equal to 1.70 amps but Within 1,000 flight hours after
less than 1.80 amps. the last measurement.
More than or equal to 1.60 amps but Within 500 flight hours after
less than 1.70 amps. the last measurement.
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New Requirements of This AD
(h) Within 6,000 flight hours after the effective date of this
AD: Do an inspection to determine the serial number of the AOA
transducer having P/N C16258AA, and to determine if the serial
number has suffix ``A,'' in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-27-053, Revision
A, dated July 7, 2009.
(1) If the serial number is not specified in paragraph 1.A.(1)
of Bombardier Service Bulletin 670BA-27-053, Revision A, dated July
7, 2009, no further action is required by this paragraph.
(2) If the serial number is specified in paragraph 1.A.(1) of
Bombardier Service Bulletin 670BA-27-053, Revision A, dated July 7,
2009, and the serial number has a suffix ``A,'' no further action is
required by this paragraph.
(3) If the serial number is specified in paragraph 1.A.(1) of
Bombardier Service Bulletin 670BA-27-053, Revision A, dated July 7,
2009, and the serial number does not have suffix ``A,'' before
further flight, replace the AOA transducer with a serviceable
transducer, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 670BA-27-053, Revision A, dated July 7,
2009.
(i) As of the effective date of this AD, no person may install,
on any airplane, an AOA transducer having P/N C16258AA with any
serial number specified in paragraph 1.A.(1) of Bombardier Service
Bulletin 670BA-27-053, Revision A, dated July 7, 2009, unless the
serial number has a suffix ``A.''
(j) Inspections and replacements accomplished before the
effective date of this AD according to Bombardier Service Bulletin
670BA-27-051, dated May 14, 2009, are considered acceptable for
compliance with the corresponding actions specified in 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. Send information 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 on any
airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards 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.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(l) Refer to MCAI Canadian Airworthiness Directive CF-2009-35,
dated August 31, 2009; Bombardier Service Bulletin 670BA-27-051,
dated May 14, 2009; and Bombardier Service Bulletin 670BA-27-053,
Revision A, dated July 7, 2009; for related information.
Issued in Renton, Washington, on April 29, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-10887 Filed 5-7-10; 8:45 am]
BILLING CODE 4910-13-P