[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Rules and Regulations]
[Pages 52233-52235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20487]
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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;
Amendment 39-16411; AD 2010-17-17]
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 adopting a new 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:
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. We are issuing this
AD to require actions to correct the unsafe condition on these
products.
DATES: This AD becomes effective September 29, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 29,
2010.
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: 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:
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 June 3, 2010 (75 FR
31324). That NPRM proposed 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.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received. Air Line Pilots
Association, International supports the NPRM.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.
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
[[Page 52234]]
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.
Costs of Compliance
We estimate that this AD will affect 601 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the 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 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:
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 AD:
2010-17-17 Bombardier, Inc.: Amendment 39-16411. Docket No. FAA-
2010-0482; Directorate Identifier 2009-NM-225-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective
September 29, 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 the 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 Canadair Regional Jet
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 Bombardier TR 2A-43. The initial compliance
time for the new MRM task identified in Bombardier TR 2A-43 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.
Bombardier TR 2A-43, dated May 7, 2008, introduces procedures for a
function check of the stick pusher capstan.
[[Page 52235]]
(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, into 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 CL-600-2B19
MRM, the Bombardier CL-600-2B19 TR may be removed from the MRM,
provided the relevant information in the general revision is
identical to that in Bombardier CL-600-2B19 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 (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.
(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; Bombardier CL-600-2B19 TR 2A-43, dated May
7, 2008, to Appendix A--Certification Maintenance Requirements of
Part 2 of the Bombardier CL-600-2B19 MRM; and Canadair Regional Jet
TR RJ/178-1, dated March 8, 2010, to the Canadair Regional Jet AFM
CSP A-012; for related information.
Material Incorporated by Reference
(j) You must use Bombardier 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 the Canadair Regional Jet Airplane Flight Manual CSP A-012; as
applicable; to do the actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(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 August 12, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-20487 Filed 8-24-10; 8:45 am]
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