[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Rules and Regulations]
[Pages 37708-37711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15819]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1029; Directorate Identifier 2009-NM-103-AD;
Amendment 39-16348; AD 2010-14-03]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. This 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:
Following in-flight test deployments, several Air-Driven
generators (ADGs) failed to come on-line. Investigation revealed
that, as a result of a wiring anomaly that had not been detected
during ADG manufacture, a short circuit was possible between certain
internal wires and their metallic over-braided shields, which could
result in the ADG not providing power when deployed. * * *
The unsafe condition is failure of the ADG, which could lead to loss of
several functions essential for safe flight. We are issuing this AD to
require actions to correct the unsafe condition on these products.
DATES: This AD becomes effective August 4, 2010.
On April 30, 2009 (74 FR 13086, March 26, 2009), the Director of
the Federal Register approved the incorporation by reference of a
certain publication listed in this AD.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the 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: Fabio Buttitta, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7303; 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 5, 2009 (74
FR 57271), and proposed to supersede AD 2009-06-17, Amendment 39-15854
(74 FR 13086, March 26, 2009). That NPRM proposed to correct an unsafe
condition for the specified products.
Since we issued AD 2009-06-17, we have been advised that additional
air-driven generators may have been installed between the effective
date of Canadian Airworthiness Directive CF-2008-09, and the effective
date of the equivalent FAA AD 2009-06-17. Therefore, we have determined
that the actions specified in paragraph (f)(1) of AD 2009-06-17 also
must be done on airplanes having serial numbers 8084 through 8102.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Support for the NPRM
The Air Line Pilots Association, International supports the intent
of the NPRM.
Request To Revise the Proposed Applicability To Apply AD to Part, Not
Airplanes
Air Wisconsin Airlines Corporation (Air Wisconsin) suggests that we
revise the applicability statement of the NPRM to refer to the specific
serial numbers of the air-driven generators (ADGs) as installed on
Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes;
certificated in any category. Air Wisconsin states that the FAA said in
AD 2008-01-04, Amendment 39-15329 (73 FR 1964, January 11, 2008), that
parts on the shelf pose no safety concern.
From these statements, we infer that Air Wisconsin requests that we
change the applicability statement of the NPRM to refer to the ADG part
numbers instead of the airplane model. We disagree. When an unsafe
condition results from the installation of a particular component in
only one particular make and model of airplane, we apply the AD to the
airplane model, not the component. Thus, operators of those airplanes
will be notified directly of the unsafe condition and the action
required to correct it. Specifying the airplane models in the
applicability of the AD will ensure affected operators are aware of
their need to comply with
[[Page 37709]]
the AD. We have not changed the AD in this regard.
Request To Withdraw NPRM
Air Wisconsin requests that we rescind the NPRM for several
reasons. Air Wisconsin states the unsafe condition has already been
mitigated through AD 2009-06-17, Amendment 39-15854 (74 FR 13086, March
26, 2009), which this final rule supersedes. Air Wisconsin also notes
that all the referenced data in the NPRM is the same as in AD 2009-06-
17. Air Wisconsin points out that the airplanes referred to in
paragraphs (f)(1)(i), (f)(1)(ii), (f)(1)(ii)(B), (f)(3), (g)(1)(i),
(g)(1)(ii), (g)(1)(ii)(B), and (g)(2) of the NPRM do not indicate or
reference the proposed airplane change. Therefore, Air Wisconsin
argues, the NPRM does not apply to these airplanes. Finally, Air
Wisconsin states that paragraph (f)(2) of AD 2009-06-17 and paragraph
``B.'' of Canadian Airworthiness Directive CF-2008-09, dated February
5, 2008, prohibit the installation of ADGs identified in Table 1 of the
AD unless it is identified with the symbol ``24-2.''
We disagree with the request to withdraw the NPRM. AD 2009-06-17
applies to Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes;
certificated in any category; having serial numbers 7305 through 7990,
and 8000 and subsequent. The inspection requirement in that AD applied
to airplanes having serial numbers 7305 through 7990 inclusive, and
8000 through 8083 inclusive. We are now superseding AD 2009-06-17 to
expand the inspection requirement and to include airplanes having
serial numbers 8084 through 8102 inclusive. Because we have expanded
the applicability, we are superseding AD 2009-06-17 to address the
unsafe condition on those additional airplanes, even though the
technical data remains the same. Additionally, the requirements in the
previous AD do not address units that were installed on airplanes
before April 30, 2009 (the effective date of AD 2009-06-17). We have
not changed the AD in regard to this issue.
Explanation of Change Made to the Proposed AD
We have revised the NPRM to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We also determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.
Explanation of Change to Costs of Compliance
Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.
Costs of Compliance
We estimate that this AD will affect about 686 products of U.S.
registry.
The actions that are required by AD 2009-06-17 and retained in this
AD take about 5 work-hours per product, at an average labor rate of $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 this AD to the U.S. operators to be
$291,550, 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: 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 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); 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 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, 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
0
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:
[[Page 37710]]
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Amendment 39-15854 (74 FR
13086, March 26, 2009) and adding the following new AD:
2010-14-03 Bombardier, Inc.: Amendment 39-16348. Docket No. FAA-
2009-1029; Directorate Identifier 2009-NM-103-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective August
4, 2010.
Affected ADs
(b) This AD supersedes AD 2009-06-17, Amendment 39-15854.
Applicability
(c) This AD applies to Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes; certificated in any
category; having serial numbers (S/Ns) 7305 through 7990, and 8000
and subsequent.
Subject
(d) Air Transport Association (ATA) of America Code 24:
Electrical power.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Following in-flight test deployments, several Air-Driven
generators (ADGs) failed to come on-line. Investigation revealed
that, as a result of a wiring anomaly that had not been detected
during ADG manufacture, a short circuit was possible between certain
internal wires and their metallic over-braided shields, which could
result in the ADG not providing power when deployed. This directive
mandates checking of the ADG and modification of the ADG internal
wiring, if required. It also prohibits future installation of
unmodified ADGs.
The unsafe condition is failure of the ADG, which could lead to loss
of several functions essential for safe flight.
Restatement of Requirements of AD 2009-06-17, With No Changes
Actions and Compliance
(f) Unless already done, do the following actions.
(1) For airplanes having serial numbers (S/Ns) 7305 through 7990
and 8000 through 8083: Within 12 months after April 30, 2009 (the
effective date of AD 2009-06-17), inspect the S/N of the installed
ADG. A review of airplane maintenance records is acceptable in lieu
of this inspection if the serial number of the ADG can be
conclusively determined from that review.
(i) If the serial number is not listed in paragraph 1.A of
Bombardier Service Bulletin 601R-24-113, Revision A, dated August
11, 2005, no further action is required by this paragraph.
(ii) If the serial number is listed in paragraph 1.A of
Bombardier Service Bulletin 601R-24-113, Revision A, dated August
11, 2005, within 12 months after April 30, 2009, inspect the ADG
identification plate and, as applicable, do the actions of paragraph
(f)(1)(ii)(A) or (f)(1)(ii)(B) of this AD.
(A) If the identification plate is marked with the symbol ``24-
2,'' no further action is required by this paragraph.
(B) If the identification plate is not marked with the symbol
``24-2,'' modify the ADG wiring in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 601R-24-
113, Revision A, dated August 11, 2005.
(2) For airplanes having S/Ns 7305 through 7990, and 8000 and
subsequent: As of April 30, 2009, no ADG as described in Table 1 of
this AD may be installed on any airplane, unless the identification
plate of the ADG is identified with the symbol ``24-2.''
Note 1: Bombardier Service Bulletin 601R-24-113, Revision A,
dated August 11, 2005, refers to Hamilton Sundstrand Service
Bulletin ERPS10AG-24-2, dated February 19, 2004, for further
guidance on identifying the symbol ``24-2.''
Table 1--ADG Identification
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ADG Part No. Having ADG Serial No.
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604-90800-1 (761339C), 604- 0101 through 0132, 0134 through 0167,
90800-17 (761339D), or 604- 0169 through 0358, 0360 through 0438,
90800-19 (761339E). 0440 through 0456, 0458 through 0467,
0469, 0471 through 0590, 0592 through
0597, 0599 through 0745, 0747 through
1005, or 1400 through 1439.
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(3) Actions done before April 30, 2009, according to Bombardier
Service Bulletin 601R-24-113, dated April 22, 2004, are considered
acceptable for compliance with the corresponding actions specified
in paragraph (f)(1) of this AD, provided the ADG has not been
replaced since those actions were done.
New Requirements of This AD
Actions and Compliance
(g) Unless already done, do the following actions.
(1) For airplanes having S/Ns 8084 through 8102: Within 12
months after the effective date of this AD, inspect the serial
number of the installed ADG. A review of airplane maintenance
records is acceptable in lieu of this inspection if the serial
number of the ADG can be conclusively determined from that review.
(i) If the serial number is not listed in paragraph 1.A of
Bombardier Service Bulletin 601R-24-113, Revision A, dated August
11, 2005, no further action is required by this paragraph.
(ii) If the serial number is listed in paragraph 1.A of
Bombardier Service Bulletin 601R-24-113, Revision A, dated August
11, 2005, within 12 months after the effective date of this AD,
inspect the ADG identification plate and, as applicable, do the
actions specified in paragraph (g)(1)(ii)(A) or (g)(1)(ii)(B) of
this AD.
(A) If the identification plate is marked with the symbol ``24-
2,'' no further action is required by this paragraph.
(B) If the identification plate is not marked with the symbol
``24-2,'' modify the ADG wiring in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 601R-24-
113, Revision A, dated August 11, 2005.
(2) Actions done before the effective date of this AD according
to Bombardier Service Bulletin 601R-24-113, dated April 22, 2004,
are considered acceptable for compliance with the corresponding
actions specified in paragraph (g)(1) of this AD, provided the ADG
has not been replaced since those actions were done.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service
information as follows: The MCAI specifies to inspect S/Ns 7305
through 7990 and 8000 through 8083. This AD also specifies to
inspect S/Ns 8084 through 8102.
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
[[Page 37711]]
requirements and has assigned OMB Control Number 2120-0056.
Related Information
(i) Refer to MCAI Canadian Airworthiness Directive CF-2008-09,
dated February 5, 2008; and Bombardier Service Bulletin 601R-24-113,
Revision A, dated August 11, 2005; for related information.
Material Incorporated by Reference
(j) You must use Bombardier Service Bulletin 601R-24-113,
Revision A, dated August 11, 2005, to do the actions required by
this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register previously approved the
incorporation by reference of Bombardier Service Bulletin 601R-24-
113, Revision A, dated August 11, 2005, on April 30, 2009 (74 FR
13086, March 26, 2009).
(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; e-mail [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 NARA, 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 June 17, 2010.
Robert D. Breneman,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-15819 Filed 6-29-10; 8:45 am]
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