[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Proposed Rules]
[Pages 25612-25614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10097]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0521; Directorate Identifier 2008-NM-040-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) 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:

    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 that failure of the ADG could lead to loss of 
several functions essential for safe flight. 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 June 6, 2008.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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.

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: Fabio Buttitta, 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) 228-7303; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

[[Page 25613]]

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-2008-0521; 
Directorate Identifier 2008-NM-040-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-
2008-09, dated February 5, 2008 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
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 that failure of the ADG could lead to loss of 
several functions essential for safe flight. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 601R-24-113, Revision A, 
dated August 11, 2005. 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 686 products of U.S. registry. We also estimate that 
it would take about 5 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 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 the proposed AD on U.S. operators to 
be $274,400, or $400 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, 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. (Formerly Canadair): Docket No. FAA-2008-0521; 
Directorate Identifier 2008-NM-040-AD.

Comments Due Date

    (a) We must receive comments by June 6, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes; certificated in any category; 
having serial numbers (SNs) 7305 through 7990 and 8000 and 
subsequent.

[[Page 25614]]

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 that failure of the ADG could lead to 
loss of several functions essential for safe flight.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes having serial number (SN) 7305 through 7990 
and 8000 through 8083: Within 12 months after the effective date of 
this AD, inspect the SN 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 AD.
    (ii) If the serial number is listed in paragraph 1.A of 
Bombardier Service Bulletin 601R-24-113, Revision A, dated August 
11, 2005, before further flight, 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 AD.
    (B) If the identification plate is not marked with the symbol 
``24-2'', modify the ADG wiring in accordance with the 
Accomplishment Instructions of the service bulletin.
    (2) For airplanes having SN 7305 through 7990 and 8000 and 
subsequent: As of the effective date of this AD, 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'' (refer to Hamilton Sundstrand Service Bulletin ERPS10AG-24-2 for 
further information).

                      Table 1.--ADG Identification
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          ADG part No.--                   Having ADG serial No.--
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604-90800-1 (761339C), 604-90800-   0101 through 0132, 0134 through
 17 (761339D), or 604-90800-19       0167, 0169 through 0358, 0360
 (761339E).                          through 0438, 0440 through 0456,
                                     0458 through 0467, 0469, 0471
                                     through 0590, 0592 through 0597,
                                     0599 through 0745, 0747 through
                                     1005, or 1400 through 1439.
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    (3) 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 this AD, provided the ADG has not been replaced 
since those actions were done.

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, 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: Fabio Buttitta, 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) 228-7303; fax (516) 794-
5531. Before using any approved AMOC on any airplane to which the 
AMOC applies, notify your appropriate principal inspector (PI) in 
the FAA Flight Standards District Office (FSDO), or lacking a PI, 
your local FSDO.
    (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-2008-09, 
dated February 5, 2008, and Bombardier Service Bulletin 601R-24-113, 
Revision A, dated August 11, 2005, for related information.

    Issued in Renton, Washington, on April 25, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-10097 Filed 5-6-08; 8:45 am]
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