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[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Proposed Rules]
[Pages 477-480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33329]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1307; Directorate Identifier 2010-NM-049-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model CL-600-2A12 (CL-
601) and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) 
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

    :During flight-testing of a wing anti-ice piccolo tube 
containing a deliberate small breach, it was determined that the 
wing leading edge thermal switches were not detecting the consequent 
bleed leak at the design threshold. As a result, new Airworthiness 
Limitation tasks, consisting of a functional test of the wing 
leading edge thermal switches and an inspection of the wing anti-ice 
duct piccolo tubes, have been introduced in order to limit exposure 
to dormant failure of the switches in the event of piccolo tube 
failure, which could potentially compromise the structural integrity 
of the wing leading edge and the effectiveness of the wing anti-ice 
system.

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 February 22, 
2011.

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 W12-140, 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,

[[Page 478]]

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: Cesar Gomez, 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) 228-7318; 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-2010-1307; 
Directorate Identifier 2010-NM-049-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 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-2009-49R1, 
dated January 21, 2010 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    During flight-testing of a wing anti-ice piccolo tube containing 
a deliberate small breach, it was determined that the wing leading 
edge thermal switches were not detecting the consequent bleed leak 
at the design threshold. As a result, new Airworthiness Limitation 
tasks, consisting of a functional test of the wing leading edge 
thermal switches and an inspection of the wing anti-ice duct piccolo 
tubes, have been introduced in order to limit exposure to dormant 
failure of the switches in the event of piccolo tube failure, which 
could potentially compromise the structural integrity of the wing 
leading edge and the effectiveness of the wing anti-ice system. This 
directive mandates the revision of the approved maintenance schedule 
to include these new tasks, including phase-in schedules.
    This revision clarifies the applicability of the directive for 
CL-600-2A12 aircraft, serial numbers 3001 through 3066, and for CL-
600-2B16 aircraft, serial numbers 5001 through 5194. The directive 
is only applicable to these aircraft if Bombardier Service Bulletin 
(SB) 601-0590 [Scheduled Maintenance Instructions (MSG-3) Derived--
Qualification] has been incorporated. There is no change required to 
the approved maintenance schedule if SB 601-0590 has not been 
incorporated.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier has issued the following service information:
     Challenger 601 Time Limits/Maintenance Checks, PSP 601-5, 
Revision 38, dated June 19, 2009.
     Challenger 601 Time Limits/Maintenance Checks, PSP 601A-5, 
Revision 34, dated June 19, 2009.
     Challenger 604 Time Limits/Maintenance Checks, CH 604 
TLMC, Revision 13, dated August 12, 2009.
     Challenger 605 Time Limits/Maintenance Checks, CH 605 
TLMC, Revision 1, dated August 12, 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 103 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 $8,755, 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

[[Page 479]]

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 adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2010-1307; Directorate Identifier 
2010-NM-049-AD.

Comments Due Date

    (a) We must receive comments by February 22, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD; certificated in any 
category.
    (1) Bombardier, Inc. Model CL-600-2A12 (CL-601) airplanes, 
serial numbers 3001 through 3066 inclusive on which Bombardier 
Service Bulletin 601-0590 has been accomplished.
    (2) Bombardier, Inc. CL-600-2B16 (CL-601-3A and CL-601-3R 
Variants) airplanes, serial numbers 5001 through 5194 inclusive on 
which Bombardier Service Bulletin 601-0590 has been accomplished.
    (3) Bombardier, Inc. CL-600-2B16 (CL-604 Variants) airplanes, 
serial numbers 5301 through 5665 inclusive.
    (4) Bombardier, Inc. CL-600-2B16 (CL-604 Variants) airplanes, 
serial numbers 5701 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 (j) 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 Codes 30 and 36: 
Ice and Rain Protection and Pneumatic, respectively.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During flight-testing of a wing anti-ice piccolo tube containing 
a deliberate small breach, it was determined that the wing leading 
edge thermal switches were not detecting the consequent bleed leak 
at the design threshold. As a result, new Airworthiness Limitation 
tasks, consisting of a functional test of the wing leading edge 
thermal switches and an inspection of the wing anti-ice duct piccolo 
tubes, have been introduced in order to limit exposure to dormant 
failure of the switches in the event of piccolo tube failure, which 
could potentially compromise the structural integrity of the wing 
leading edge and the effectiveness of the wing anti-ice system.

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) Within 30 days after the effective date of this AD: Revise 
the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness by incorporating the applicable tasks 
identified in table 1 of this AD.

                Table 1--Airworthiness Limitations Tasks
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                                   Incorporate
 For Bombardier, Inc. model--       task(s)--         Identified in--
------------------------------------------------------------------------
CL-600-2A12 (CL-601)            30-11-00-101 and   Bombardier Challenger
 airplanes, serial numbers       30-11-00-102.      601 Time Limits/
 3001 through 3066 inclusive                        Maintenance Checks,
 on which Bombardier Service                        PSP 601-5, Revision
 Bulletin 601-0590 has been                         38, dated June 19,
 accomplished.                                      2009.
CL-600-2B16 (CL-601-3A and CL-  30-11-00-101 and   Bombardier Challenger
 601-3R Variants) airplanes,     30-11-00-102.      601 Time Limits/
 serial numbers 5001 through                        Maintenance Checks,
 5194 inclusive on which                            PSP 601A-5, Revision
 Bombardier Service Bulletin                        34, dated June 19,
 601-0590 has been                                  2009.
 accomplished.
CL-600-2B16 (CL-604 Variants)   30-11-00-101 and   Bombardier Challenger
 airplanes, serial numbers       36-21-00-101.      604 Time Limits/
 5301 through 5665 inclusive.                       Maintenance Checks,
                                                    CH 604 TLMC,
                                                    Revision 13, dated
                                                    August 12, 2009.
CL-600-2B16 (CL-604 Variants)   30-11-00-101 and   Bombardier Challenger
 airplanes, serial numbers       36-21-00-101.      605 Time Limits/
 5701 and subsequent.                               Maintenance Checks,
                                                    CH 605 TLMC,
                                                    Revision 1, dated
                                                    August 12, 2009.
------------------------------------------------------------------------

    (h) For all tasks identified in paragraph (g) of this AD, the 
initial compliance times for those tasks are within the applicable 
times specified in table 2 of this AD.

[[Page 480]]

                      Table 2--Initial Compliance Times for Airworthiness Limitations Tasks
----------------------------------------------------------------------------------------------------------------
 
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Bombardier, Inc. model--             Task(s)--                Initial compliance time (whichever occurs later)--
----------------------------------------------------------------------------------------------------------------
CL-600-2A12 (CL-601) airplanes,      30-11-00-101..........  Prior to the accumulation    Within 240 flight
 serial numbers 3001 through 3066                             of 4,800 total flight        hours after the
 inclusive; and CL-600-2B16 (CL-601-                          hours; or within 4,800       effective date of
 3A and CL-601-3R Variants)                                   flight hours after           this AD.
 airplanes, serial numbers 5001                               accomplishing Task 30-11-
 through 5194 inclusive; on which                             06-204 in Section 5-20-15
 Bombardier Service Bulletin 601-                             of the applicable Time
 0590 has been accomplished.                                  Limits/Maintenance Checks
                                                              manual; whichever occurs
                                                              later.
CL-600-2A12 (CL-601) airplanes,      30-11-00-102..........  Prior to the accumulation    Within 240 flight
 serial numbers 3001 through 3066                             of 4,800 total flight        hours after the
 inclusive; and CL-600-2B16 (CL-601-                          hours; or within 4,800       effective date of
 3A and CL-601-3R Variants)                                   flight hours after           this AD.
 airplanes, serial numbers 5001                               accomplishing Task 30-13-
 through 5194 inclusive; on which                             00-205 in Section 5-20-15
 Bombardier Service Bulletin 601-                             of the applicable Time
 0590 has been accomplished.                                  Limits/Maintenance Checks
                                                              manual; whichever occurs
                                                              later.
CL-600-2B16 (CL-604 Variants)        30-11-00-101 and 36-21- Prior to the accumulation    Within 320 flight
 airplanes, serial numbers 5301       00-101.                 of 6,400 total flight        hours after the
 through 5665 inclusive.                                      hours; except for            effective date of
                                                              airplanes having 6,400       this AD.
                                                              total flight hours or more
                                                              as of the effective date
                                                              of this AD on which the
                                                              task has not been
                                                              accomplished: Prior to the
                                                              next scheduled 6,400
                                                              flight hour task
                                                              inspection or prior to the
                                                              next scheduled
                                                              accomplishment of Task 57-
                                                              10-00-208 in the
                                                              applicable Time Limits/
                                                              Maintenance Checks manual,
                                                              whichever occurs first.
CL-600-2B16 (CL-604 Variants)        30-11-00-101 and 36-21- Prior to the accumulation    Within 320 flight
 airplanes, serial numbers 5701 and   00-101.                 of 6,400 total flight        hours after the
 subsequent.                                                  hours.                       effective date of
                                                                                           this AD.
----------------------------------------------------------------------------------------------------------------

    (i) After accomplishing the actions required by paragraph (g) of 
this AD, no alternative tasks or task intervals may be used unless 
the tasks or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (j)(1) of this AD.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (j) 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: A Federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave., 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Related Information

    (k) Refer to MCAI Canadian Airworthiness Directive CF-2009-49R1, 
dated January 21, 2010, and the service information specified in 
Table 1 of this AD for related information.

    Issued in Renton, Washington, on December 27, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-33329 Filed 1-4-11; 8:45 am]
BILLING CODE 4910-13-P
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