[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Rules and Regulations]
[Pages 19203-19207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7801]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1068; Directorate Identifier 2009-NM-042-AD;
Amendment 39-16258; AD 2010-08-03]
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:
The heating capability of several Angle Of Attack (AOA)
transducer heating elements removed from in-service aircraft have
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).
* * * * *
The unsafe condition is reduced controllability of the airplane. We are
issuing this AD to require actions to
[[Page 19204]]
correct the unsafe condition on these products.
DATES: This AD becomes effective May 19, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 19,
2010.
The Director of the Federal Register previously approved the
incorporation by reference of a certain publication listed in this AD
as of March 9, 2009 (74 FR 7789, February 20, 2009).
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: Wing Chan, Aerospace Engineer, Systems
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:
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 18, 2009
(74 FR 59480), and proposed to supersede AD 2009-04-11, Amendment 39-
15817 (74 FR 7789, February 20, 2009). That NPRM proposed to correct an
unsafe condition for the specified products.
The mandatory continued airworthiness information (MCAI) states:
The heating capability of several Angle Of Attack (AOA)
transducer heating elements removed from in-service aircraft have
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.
The unsafe condition is reduced controllability of the airplane. This
AD retains the requirements of AD 2009-04-11 and also requires a one-
time inspection of certain angle of attack (AOA) transducers,
replacement of transducers having certain serial numbers, repetitive
inspections of the inrush current for certain AOA transducers, and
replacement of inaccurately calibrated AOA transducers. 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.
Request To Allow Records Check
Mesa Airlines requests that we allow the use of a records check in
lieu of the inspection for serial numbers specified in paragraph (g)(2)
of the NPRM. Mesa Airlines points out that serial numbers could already
be known to operators after compliance with AD 2009-04-11. Mesa
Airlines also notes that AOA transducers are delicate instruments that
could be damaged by removal for the purpose of confirming serial
numbers.
For the reasons provided by Mesa Airlines, we agree to allow
operators to perform a review of the airplane maintenance records in
lieu of performing an inspection of the AOA transducer to determine the
serial number, if the serial number can be conclusively determined from
that review. We have revised paragraph (g)(2) of this AD accordingly.
Explanation of Change to Applicability
We have revised the applicability of this AD to identify model
designations as published in the most recent type certificate data
sheet for the affected models.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We 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 613 products of U.S.
registry.
The actions that are required by AD 2009-04-11 and retained in this
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 will take about 1 work-hour per product to
comply with the new 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 $52,105, 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,
[[Page 19205]]
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 removing Amendment 39-15817 (74 FR
7789, February 20, 2009) and adding the following new AD:
2010-08-03 Bombardier, Inc: Amendment 39-16258. Docket No. FAA-2009-
1068; Directorate Identifier 2009-NM-042-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 19,
2010.
Affected ADs
(b) This AD supersedes AD 2009-04-11, Amendment 39-15817.
Applicability
(c) This AD applies to Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes, serial numbers 7003 and
subsequent, certificated in any category, that are equipped with
Thales angle of attack (AOA) transducers having part number (P/N)
45150340 or C16258AA.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
controls.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
The heating capability of several Angle Of Attack (AOA)
transducer heating elements removed from in-service aircraft have
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.
The unsafe condition is reduced controllability of the airplane.
This AD retains the requirements of AD 2009-04-11 and also requires
a one-time inspection of certain AOA transducers, replacement of
transducers having certain serial numbers, repetitive inspections of
the inrush current for certain AOA transducers, and replacement of
inaccurately calibrated AOA transducers.
Restatement of Requirements of AD 2009-04-11, With No Changes
(f) Unless already done, do the following actions:
(1) For airplanes equipped with a transducer having accumulated
more than 7,500 total flight hours as of March 9, 2009 (the
effective date of AD 2009-04-11): Within 250 flight hours after
March 9, 2009, measure the inrush current of both AOA transducers in
accordance with Part A of the Accomplishment Instructions of
Bombardier Service Bulletin 601R-27-153, Revision A, dated December
16, 2008.
(i) If both AOA transducers are found to have an inrush current
of 1.60 amps or more, repeat the measurement thereafter at intervals
not to exceed the applicable interval specified in Table 1 of this
AD. Do the measurement in accordance with Part A of the
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.
Table 1--Repetitive Measurement Intervals
------------------------------------------------------------------------
If the last inrush current measurement
of the serviceable AOA transducer is-- Then repeat the measurement--
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
(ii) If one AOA transducer is found to have an inrush current
below 1.60 amps, and the other AOA transducer is found to have an
inrush current of 1.60 amps or more: Do the actions required by
paragraphs (f)(1)(ii)(A) and (f)(1)(ii)(B) of this AD.
(A) For the AOA transducer having an inrush current of 1.60 amps
or more: Repeat the measurement thereafter at intervals not to
exceed the applicable interval specified in Table 1 of this AD. Do
the measurement in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 601R-27-153, Revision A,
dated December 16, 2008.
(B) For the AOA transducer having an inrush current below 1.60
amps (``degraded'' transducer): Within 1,000 flight hours after
March 9, 2009, replace that transducer in accordance with Part C of
the Accomplishment Instructions of Bombardier Service Bulletin 601R-
27-153, Revision A, dated December 16, 2008. At the applicable time
specified in Table 1 of this AD if the degraded transducer was
replaced with a serviceable transducer, or within 2,000 flight hours
after replacement if the degraded transducer was replaced with a new
transducer, do the measurement for that replacement transducer and
repeat the measurements thereafter at intervals not to exceed the
applicable interval specified in Table 1 of this AD. Do the
measurement in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 601R-27-153, Revision A,
dated December 16, 2008.
(iii) If both AOA transducers are found to have an inrush
current below 1.60 amps, do the action specified in paragraph
(f)(1)(iii)(A) or (f)(1)(iii)(B) of this AD.
(A) Before further flight, replace one of the degraded AOA
transducers with a new or serviceable transducer; and replace the
other degraded transducer with a new or
[[Page 19206]]
serviceable transducer within 1,000 flight hours after the
measurement required by paragraph (f)(1) of this AD; in accordance
with Part C of the Accomplishment Instructions of Bombardier Service
Bulletin 601R-27-153, Revision A, dated December 16, 2008. At the
applicable time specified in Table 1 of this AD, if the degraded
transducer was replaced with a serviceable transducer; or within
2,000 flight hours after replacement if the degraded transducer was
replaced with a new transducer: Do the measurement for that
replacement transducer and repeat the measurement thereafter at
intervals not to exceed the applicable interval specified in Table 1
of this AD. Do the measurements in accordance with Part A of the
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.
(B) Within 1,000 flight hours after the measurement required by
paragraph (f) of this AD, replace both degraded AOA transducers with
new or serviceable transducers in accordance with Part C of the
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008. Until the replacement is
done, dispatch with two degraded AOA transducers is allowed,
provided that the applicable Limitations section of the airplane
flight manual (AFM) is revised to include the following statement or
a copy of this AD is inserted into the applicable Limitations
section of the AFM.
``Dispatch is allowed if:
(a) Operations are not conducted in visible moisture (including
standing water and slush) in any form,
(b) Operations are not conducted in known or forecast icing
conditions,
(c) Both Ice Detection Systems are operative; and,
(d) Operations are conducted in day VMC conditions only.''
After the replacement has been accomplished, the statement or the
copy of this AD may be removed from the AFM. At the applicable time
specified in Table 1 of this AD, if the degraded transducer was
replaced with a serviceable transducer; or within 2,000 flight hours
after replacement with a new transducer: Do the measurement for that
replacement transducer and repeat the measurement thereafter at
intervals not to exceed the applicable interval specified in Table 1
of this AD. Do the measurement in accordance with Part A of
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.
(2) If, during any repetitive measurement required by paragraphs
(f)(1)(i), (f)(1)(ii), and (f)(1)(iii) of this AD, any AOA
transducer is found to have an inrush current below 1.60 amps,
before further flight, replace that transducer in accordance with
Part C of the Accomplishment Instructions of Bombardier Service
Bulletin 601R-27-153, Revision A, dated December 16, 2008. At the
applicable time specified in Table 1 of this AD, if the degraded
transducer was replaced with a serviceable transducer; or within
2,000 flight hours after replacement if the degraded transducer was
replaced with a new transducer: Do the measurement for that
replacement transducer as specified in paragraph (f)(1)(ii)(B) of
this AD and repeat the measurement thereafter at intervals not to
exceed the applicable interval specified in Table 1 of this AD.
(3) Actions done before March 9, 2009, in accordance with
Bombardier Service Bulletin 601R-27-153, dated October 17, 2008, are
acceptable for compliance with the corresponding requirements of
paragraphs (f)(1) and (f)(2) of this AD.
New Requirements of This AD: Actions and Compliance
(g) Unless already done, do the following actions.
(1) For airplanes equipped with a transducer having accumulated
7,500 or fewer flight hours as of March 9, 2009, except transducers
that have been measured in accordance with paragraph (f)(1) of this
AD: Do the actions specified in paragraph (f)(1) of this AD before
the transducer accumulates 7,500 total flight hours, or within 500
flight hours after the effective date of this AD, whichever occurs
later.
(2) Within 900 flight hours after the effective date of this AD,
inspect AOA transducers having P/N 45150340 or C16258AA to determine
the serial numbers. A review of airplane maintenance records is
acceptable in lieu of this inspection if the serial number of the
AOA transducer can be conclusively determined from that review.
(i) If the serial number is not identified in paragraph 1.A.(1)
of Bombardier Service Bulletin 601R-27-154, dated December 1, 2008,
no further action is required by this paragraph.
(ii) If the part number and serial number are identified in one
of the tables in paragraph 1.A.(1) of Bombardier Service Bulletin
601R-27-154, dated December 1, 2008, and have the suffix ``A,'' no
further action is required by this paragraph.
Note 1: Bombardier Service Bulletin 601R-27-154, dated December
1, 2008, references Thales Avionics Service Bulletins 45150340-31-
004 and C16258A-27-002, both dated November 28, 2008, as additional
sources of guidance for part and serial number information.
(iii) If the part number and serial number are identified in a
table in paragraph 1.A.(1) of Bombardier Service Bulletin 601R-27-
154, dated December 1, 2008, before further flight, replace the AOA
transducer with a new or serviceable transducer, in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin 601R-
27-154, dated December 1, 2008.
(3) As of the effective date of this AD, no person may install a
replacement AOA transducer having P/N 45150340 or P/N C16258AA with
a serial number identified in paragraph 1.A.(1) of Bombardier
Service Bulletin 601R-27-154, dated December 1, 2008, unless the
serial number has the suffix ``A.''
FAA AD Differences
Note 2: 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.
Related Information
(i) Refer to MCAI Canadian Airworthiness Directive CF-2008-35,
dated December 22, 2008; Bombardier Service Bulletin 601R-27-154,
dated December 1, 2008; and Bombardier Service Bulletin 601R-27-153,
Revision A, dated December 16, 2008; for related information.
Material Incorporated by Reference
(j) You must use Bombardier Service Bulletin 601R-27-154, dated
December 1, 2008; and Bombardier Service Bulletin 601R-27-153,
Revision A, dated December 16, 2008; 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 Bombardier Service Bulletin 601R-27-
154, dated December 1, 2008, under 5 U.S.C. 552(a) and 1 CFR part
51.
(2) The Director of the Federal Register previously approved the
incorporation by reference of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008, on March 9, 2009 (74 FR
7789, February 20, 2009).
(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; telephone 514-855-5000; fax 514-855-
7401; e-mail [email protected]; Internet http://www.bombardier.com.
(4) You may review copies of the service information at the FAA,
Transport Airplane
[[Page 19207]]
Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
(5) 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 March 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-7801 Filed 4-13-10; 8:45 am]
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