[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Proposed Rules]
[Pages 31324-31327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13305]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0482; Directorate Identifier 2009-NM-225-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) 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. 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: There have been several Stick Pusher Capstan Shaft
failures causing severe degradation of the stick pusher function. This
directive is issued to revise the first flight of the day check of the
stall protection system to detect degradation of the stick pusher
function. It also introduces a new repetitive maintenance task to limit
exposure to dormant failure of the stick pusher capstan shaft. Dormant
loss or severe degradation of the stick pusher function could result in
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 July 19, 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
[[Page 31325]]
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 or 425-227-1152.
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: Bruce Valentine, 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) 228-7328; 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-2010-0482;
Directorate Identifier 2009-NM-225-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
Transport Canada Civil Aviation, which is the aviation authority
for Canada, has issued Canadian Airworthiness Directive CF-2009-36,
dated September 2, 2009 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:
There have been several Stick Pusher Capstan Shaft failures
causing severe degradation of the stick pusher function. This
directive is issued to revise the first flight of the day check of
the stall protection system to detect degradation of the stick
pusher function. It also introduces a new repetitive maintenance
task to limit exposure to dormant failure of the stick pusher
capstan shaft.
Dormant loss or severe degradation of the stick pusher function
could result in reduced controllability of the airplane. You may obtain
further information by examining the MCAI in the AD docket.
Relevant Service Information
Bombardier has issued Temporary Revision (TR) 2A-43, dated May 7,
2008, to Appendix A--Certification Maintenance Requirements of Part 2
of the Bombardier CL-600-2B19 Maintenance Requirements Manual; and
Canadair Regional Jet TR RJ/178-1, dated March 8, 2010, to Canadair
Regional Jet Airplane Flight Manual CSP A-012. 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 601 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $51,085, or $85 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 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.
[[Page 31326]]
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 adding the following new AD:
Bombardier, Inc.: Docket No. FAA-2010-0482; Directorate Identifier
2009-NM-225-AD.
Comments Due Date
(a) We must receive comments by July 19, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes, certificated in any
category, serial numbers 7003 through 7990 inclusive, and 8000 and
subsequent.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (h)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
There have been several Stick Pusher Capstan Shaft failures
causing severe degradation of the stick pusher function. This
directive is issued to revise the first flight of the day check of
the stall protection system to detect degradation of the stick
pusher function. It also introduces a new repetitive maintenance
task to limit exposure to dormant failure of the stick pusher
capstan shaft.
Dormant loss or severe degradation of the stick pusher function
could result in 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.
Actions
(g) Do the following actions.
(1) Within 30 days after the effective date of this AD, revise
the Limitations section of Canadair Regional Jet Airplane Flight
Manual (AFM) CSP A-012 to include the information in Canadair
Regional Jet Temporary Revision (TR) RJ/178-1, dated March 8, 2010;
as specified in the TR. The Canadair Regional Jet TR RJ/178-1, dated
March 8, 2010, introduces procedures for performing a stall
protection system test. Operate the airplane according to the
limitations and procedures in the Canadair Regional Jet TR RJ/178-1,
dated March 8, 2010.
Note 2: This may be done by inserting a copy of Canadair
Regional Jet TR RJ/178-1, dated March 8, 2010, into the Canadair
Regional Jet AFM CSP A-012. When this Canadair Regional Jet TR has
been included in general revisions of the Canadair Regional Jet AFM,
the general revisions may be inserted in the AFM, provided the
relevant information in the general revision is identical to that in
the Canadair Regional Jet TR.
(2) Within 30 days after the effective date of this AD, revise
Appendix A--Certification Maintenance Requirements of Part 2 of the
Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM) by
incorporating the information in Bombardier TR 2A-43, dated May 7,
2008; as specified in the TR. The initial compliance time for the
new MRM task identified in the TR is at the later of the times
specified in paragraphs (g)(2)(i) and (g)(2)(ii) of this AD.
Thereafter, except as provided by paragraph (h)(1) of this AD, no
alternative task intervals may be used. The TR to the MRM introduces
procedures for a function check of the stick pusher capstan.
(i) Prior to the accumulation of 5,000 total flight hours.
(ii) Within 500 flight hours after the effective date of this
AD.
Note 3: The actions required by paragraph (g)(2) of this AD may
be done by inserting a copy of Bombardier TR 2A-43, dated May 7,
2008, to Appendix A--Certification Maintenance Requirements of Part
2 of the Bombardier CL-600-2B19 MRM. When this Bombardier TR has
been included in general revisions of the Bombardier MRM, the
Bombardier TR may be removed from the MRM, provided the relevant
information in the general revision is identical to that in
Bombardier TR 2A-43, dated May 7, 2008.
FAA AD Differences
Note 4: This AD differs from the MCAI and/or service
information as follows: No differences.
Other FAA AD Provisions
(h) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, 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.
(4) Special Flight Permits: We are not allowing special flight
permits, as described in Section 21.197 and Section 21.199 of the
Federal Aviation Regulations (14 CFR 21.197 and 21.199).
Related Information
(i) Refer to MCAI Canadian Airworthiness Directive CF-2009-36,
dated September 2, 2009; and Bombardier TR 2A-43, dated May 7, 2008,
to Appendix A--Certification Maintenance Requirements of Part 2 of
the Bombardier CL-600-2B19 Maintenance Requirements Manual, dated
May 7, 2008; and Canadair Regional Jet TR RJ/178-1, dated March 8,
2010, to Canadair Regional Jet Airplane Flight Manual CSP A-012; for
related information.
[[Page 31327]]
Issued in Renton, Washington, on May 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-13305 Filed 6-2-10; 8:45 am]
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