Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Proposed Rules 38999 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0689; Directorate 

Identifier 2009–NM–092–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–1A11 (CL–600), CL– 

600–2A12 (CL–601), CL–600–2B16 (CL– 

601–3A) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

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: 

Two cases have been reported in which the 

ADG [air driven generator] has failed to 

power the essential bus following in-flight 

deployment as part of its periodic operational 

check. Subsequent inspection revealed that 

the ADG power feeder harness wire (* * * 

aromatic polyimide) had chafed on the 

backshell of its own connector (P1XC), 

resulting in a short circuit, wire damage and 

disconnection of the wire from the ADG. 

Coupled with a dual generator failure, such 

a disconnection would result in the loss of 

emergency power to critical systems, with a 

consequent adverse effect on the 

controllability of the aircraft. 

* * * * * 

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 September 4, 2009. 

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 

W12–40, 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 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; 

e-mail thd.crj@aero.bombardier.com; 

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: 

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: 

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–2009–0689; Directorate Identifier 

2009–NM–092–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 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2009–18, 

dated April 27, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

Two cases have been reported in which the 

ADG [air driven generator] has failed to 

power the essential bus following in-flight 

deployment as part of its periodic operational 

check. Subsequent inspection revealed that 

the ADG power feeder harness wire (* * * 

aromatic polyimide) had chafed on the 

backshell of its own connector (P1XC), 

resulting in a short circuit, wire damage and 

disconnection of the wire from the ADG. 

Coupled with a dual generator failure, such 

a disconnection would result in the loss of 

emergency power to critical systems, with a 

consequent adverse effect on the 

controllability of the aircraft. 

This directive mandates an inspection to 

determine the type of wire in the installed 

ADG power feeder harness. If the wires are 

a * * * (aromatic polyimide) type, the ADG 

power feeder harness is to be replaced with 

one incorporating * * * (non-aromatic 

polyimide) type wire. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Bombardier has issued Service 

Bulletins 600–0737 and 601–0591, both 

dated July 23, 2007. 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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
39000 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Proposed Rules 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 203 products of U.S. 

registry. We also estimate that it would 

take about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$32,480, or $160 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. 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Bombardier, Inc. (Formerly Canadair): 

Docket No. FAA–2009–0689; Directorate 

Identifier 2009–NM–092–AD. 

Comments Due Date 

(a) We must receive comments by 

September 4, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes, 

certificated in any category, as identified in 

paragraphs (c)(1), (c)(2), and (c)(3) of this AD. 

(1) Bombardier Model CL–600–1A11 (CL– 

600) airplanes, serial numbers 1004 through 

1085 inclusive. 

(2) Bombardier Model CL–600–2A12 (CL– 

601) airplanes, serial numbers 3001 through 

3066 inclusive. 

(3) Bombardier Model CL–600–2B16 (CL– 

601–3A) airplanes, serial numbers 5001 

through 5131 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 24: Electrical power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Two cases have been reported in which the 

ADG [air driven generator] has failed to 

power the essential bus following in-flight 

deployment as part of its periodic operational 

check. Subsequent inspection revealed that 

the ADG power feeder harness wire (* * * 

aromatic polyimide) had chafed on the 

backshell of its own connector (P1XC), 

resulting in a short circuit, wire damage and 

disconnection of the wire from the ADG. 

Coupled with a dual generator failure, such 

a disconnection would result in the loss of 

emergency power to critical systems, with a 

consequent adverse effect on the 

controllability of the aircraft. 

This directive mandates an inspection to 

determine the type of wire in the installed 

ADG power feeder harness. If the wires are 

a * * * (aromatic polyimide) type, the ADG 

power feeder harness is to be replaced with 

one incorporating * * * (non-aromatic 

polyimide) type wire. 

Actions and Compliance 

(f) Unless already done, within 26 months 

after the effective date of this AD, inspect the 

ADG power feeder harness to determine the 

wire type, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 600–0737 or 601–0591, both 

dated July 23, 2007, as applicable. A review 

of airplane maintenance records is acceptable 

in lieu of this inspection if the wire type of 

the power feeder harness can be conclusively 

determined from that review. If the wire type 

is determined to be aromatic polyimide, 

replace the ADG power feeder harness, before 

further flight, in accordance with Part B of 

the Accomplishment Instructions of 

Bombardier Service Bulletin 600–0737 or 

601–0591, both dated July 23, 2007, as 

applicable. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), 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: Wing 

Chan, Aerospace Engineer, Systems and 

Flight Test Branch, ANE–172, FAA, New 

York ACO, 1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone (516) 

228–7311; 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, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Canadian Airworthiness 

Directive CF–2009–18, dated April 27, 2009; 

and Bombardier Service Bulletins 600–0737 

and 601–0591, both dated July 23, 2007; for 

related information. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Proposed Rules 39001 

Issued in Renton, Washington, on July 2, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–18640 Filed 8–4–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0554; Airspace 

Docket No. 09–ANM–8] 

Proposed Establishment of Class E 

Airspace; Eastsound, WA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This action proposes to 

establish Class E airspace at Eastsound, 

WA. Controlled airspace is necessary to 

accommodate aircraft using a new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedure (SIAP) at 

Eastsound Orcas Island Airport, 

Eastsound, WA. The FAA is proposing 

this action to enhance the safety and 

management of aircraft operations at 

Eastsound Orcas Island Airport, 

Eastsound, WA. 

DATES: Comments must be received on 

or before September 21, 2009. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Telephone (202) 366–9826. You must 

identify FAA Docket No. FAA–2009– 

0554; Airspace Docket No. 09–ANM–8, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA 

2009–0554 and Airspace Docket No. 09– 

ANM–8) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2009–0554 and 

Airspace Docket No. 09–ANM–8’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http://www.faa.

gov/airports_airtraffic/air_traffic/

publications/airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9 a.m. and 

5 p.m., Monday through Friday, except 

federal holidays. An informal docket 

may also be examined during normal 

business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Area, 

Operations Support Group, 1601 Lind 

Avenue, SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 by establishing Class E 

airspace designated as a surface area at 

Eastsound Orcas Island Airport, 

Eastsound, WA. Controlled airspace is 

necessary to accommodate aircraft using 

the new RNAV (GPS) SIAP at Eastsound 

Orcas Island Airport, Eastsound, WA. 

This action would enhance the safety 

and management of aircraft operations 

at Eastsound Orcas Island Airport, 

Eastsound, WA. 

Class E airspace designations are 

published in paragraph 6002 of FAA 

Order 7400.9S, signed October 3, 2008, 

and effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in this Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

Is not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this proposed rule, 

when promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority for 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

additional controlled airspace at 

Eastsound Orcas Island Airport, 

Eastsound, WA. 


srobinson on DSKHWCL6B1PROD with PROPOSALS