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[Federal Register: June 30, 2010 (Volume 75, Number 125)]
[Rules and Regulations]               
[Page 37708-37711]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn10-2]                         

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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
------------------------------------------------------------------------
         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.
------------------------------------------------------------------------

     (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 thd.crj@aero.bombardier.com; 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]
BILLING CODE 4910-13-P
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