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[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Proposed Rules]               
[Page 43882-43884]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy10-24]                         

[[Page 43882]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0700; Directorate Identifier 2010-NM-123-AD]
RIN 2120-AA64

 
Airworthiness Directives; Bombardier, Inc. Model CL-600-2C10 
(Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series 
705), and CL-600-2D24 (Regional Jet Series 900) 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:

    The manufacturer has informed Transport Canada that a certain 
number of the resolver stators, which were installed in the angle of 
attack (AOA) transducers, were not cleaned correctly. This condition 
can degrade the AOA transducer performance at low temperatures 
resulting in freezing of the AOA transducer resolver, which may 
provide inaccurate AOA data to the Stall Protection System (SPS). If 
not corrected, this condition can result in early or late activation 
of the stick shaker and/or stick pusher.

    These conditions could result in reduced ability of the flight crew 
to maintain a safe flight and landing of the airplane. 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 10, 
2010.

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 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. 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: Joseph Licata, Aerospace Engineer, 
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone (516) 228-7361; 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-2010-0700; 
Directorate Identifier 2010-NM-123-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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-
2010-13, dated May 6, 2010 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    The manufacturer has informed Transport Canada that a certain 
number of the resolver stators, which were installed in the angle of 
attack (AOA) transducers, were not cleaned correctly. This condition 
can degrade the AOA transducer performance at low temperatures 
resulting in freezing of the AOA transducer resolver, which may 
provide inaccurate AOA data to the Stall Protection System (SPS). If 
not corrected, this condition can result in early or late activation 
of the stick shaker and/or stick pusher.

    These conditions could result in reduced ability of the flight crew 
to maintain a safe flight and landing of the airplane. The required 
actions include an inspection to determine if certain AOA transducers 
are installed and replacement of affected transducers. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin A670BA-27-054, 
Revision A, dated January 18, 2010. 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

[[Page 43883]]

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 380 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 $32,300, 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 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-2010-0700; Directorate Identifier 
2010-NM-123-AD.

Comments Due Date

    (a) We must receive comments by September 10, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2C10 
(Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet 
Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes, 
certificated in any category, equipped with Thales angle of attack 
transducers having part number (P/N) C16258AA.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    ``The manufacturer has informed Transport Canada that a certain 
number of the resolver stators, which were installed in the angle of 
attack (AOA) transducers, were not cleaned correctly. This condition 
can degrade the AOA transducer performance at low temperatures 
resulting in freezing of the AOA transducer resolver, which may 
provide inaccurate AOA data to the Stall Protection System (SPS). If 
not corrected, this condition can result in early or late activation 
of the stick shaker and/or stick pusher.''

These conditions could result in reduced ability of the flight crew 
to maintain a safe flight and landing of the airplane.

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.

Inspection

    (g) Within 750 flight hours after the effective date of this AD, 
inspect the serial number of each AOA transducer having P/N C16258AA 
to determine if the serial number is identified in paragraph 1.A. of 
Bombardier Alert Service Bulletin A670BA-27-054, Revision A, dated 
January 18, 2010, in accordance with the Accomplishment Instructions 
of Bombardier Alert Service Bulletin A670BA-27-054, Revision A, 
dated January 18, 2010. 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.
    (1) If the serial number is not listed in paragraph 1.A. of 
Bombardier Alert Service Bulletin A670BA-27-054, Revision A, dated 
January 18, 2010, no further action is required by this AD other 
than compliance with paragraph (h) of this AD.
    (2) If the serial number is listed in paragraph 1.A. of 
Bombardier Alert Service Bulletin A670BA-27-054, Revision A, dated 
January 18, 2010, and has the suffix ``C'', no further action is 
required by this AD other than compliance with paragraph (h) of this 
AD.
    (3) If the serial number is listed in paragraph 1.A. of 
Bombardier Alert Service Bulletin A670BA-27-054, Revision A, dated 
January 18, 2010, and does not have the suffix ``C'', before further 
flight, replace the AOA transducer with a new or serviceable 
transducer, in accordance with Part C of the Accomplishment 
Instructions of Bombardier Alert Service Bulletin A670BA-27-054, 
Revision A, dated January 18, 2010.

    Note 1:  To replace any AOA transducer, the replacement AOA 
transducer must either be outside of the affected serial numbers as 
identified in paragraph 1.A. of Bombardier Alert Service Bulletin 
A670BA-27-054, Revision A, dated January 18, 2010, or have the 
suffix ``C''.

    (h) As of the effective date of this AD, no AOA transducer 
having both a serial number and P/N C16258AA as identified in 
paragraph 1.A. of Bombardier Alert Service Bulletin A670BA-27-054, 
Revision A, dated January 18, 2010, may be installed on any airplane 
unless the AOA transducer has been inspected by the manufacturer and 
identified with the suffix ``C''.

FAA AD Differences

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

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft

[[Page 43884]]

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

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2010-13, 
dated May 6, 2010; and Bombardier Alert Service Bulletin A670BA-27-
054, Revision A, dated January 18, 2010; for related information.

    Issued in Renton, Washington, on July 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-18291 Filed 7-26-10; 8:45 am]
BILLING CODE 4910-13-P
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