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[Federal Register: August 25, 2010 (Volume 75, Number 164)]
[Rules and Regulations]               
[Page 52233-52235]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au10-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0482; Directorate Identifier 2009-NM-225-AD; 
Amendment 39-16411; AD 2010-17-17]
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 adopting a new 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:

    There have been several Stick Pusher Capstan Shaft failures 
causing severe degradation of the stick pusher function. This 
directive is issued to revise the first flight of the day check of 
the stall protection system to detect degradation of the stick 
pusher function. It also introduces a new repetitive maintenance 
task to limit exposure to dormant failure of the stick pusher 
capstan shaft.

Dormant loss or severe degradation of the stick pusher function could 
result in reduced controllability of the airplane. We are issuing this 
AD to require actions to correct the unsafe condition on these 
products.

DATES: This AD becomes effective September 29, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 29, 
2010.

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: Bruce Valentine, 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) 228-7328; 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 June 3, 2010 (75 FR 
31324). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    There have been several Stick Pusher Capstan Shaft failures 
causing severe degradation of the stick pusher function. This 
directive is issued to revise the first flight of the day check of 
the stall protection system to detect degradation of the stick 
pusher function. It also introduces a new repetitive maintenance 
task to limit exposure to dormant failure of the stick pusher 
capstan shaft.

Dormant loss or severe degradation of the stick pusher function could 
result in reduced controllability of the airplane. You may obtain 
further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. Air Line Pilots 
Association, International supports the NPRM.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

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

[[Page 52234]]

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.

Costs of Compliance

    We estimate that this AD will affect 601 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $51,085, 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 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:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-17-17 Bombardier, Inc.: Amendment 39-16411. Docket No. FAA-
2010-0482; Directorate Identifier 2009-NM-225-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 29, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category, serial numbers 7003 through 7990 inclusive, and 8000 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 (h)(1) 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 Code 27: Flight 
controls.

Reason

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

    There have been several Stick Pusher Capstan Shaft failures 
causing severe degradation of the stick pusher function. This 
directive is issued to revise the first flight of the day check of 
the stall protection system to detect degradation of the stick 
pusher function. It also introduces a new repetitive maintenance 
task to limit exposure to dormant failure of the stick pusher 
capstan shaft.

Dormant loss or severe degradation of the stick pusher function 
could result in reduced controllability 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.

Actions

    (g) Do the following actions.
    (1) Within 30 days after the effective date of this AD, revise 
the Limitations section of the Canadair Regional Jet Airplane Flight 
Manual (AFM) CSP A-012 to include the information in Canadair 
Regional Jet Temporary Revision (TR) RJ/178-1, dated March 8, 2010; 
as specified in the TR. The Canadair Regional Jet TR RJ/178-1, dated 
March 8, 2010, introduces procedures for performing a stall 
protection system test. Operate the airplane according to the 
limitations and procedures in the Canadair Regional Jet TR RJ/178-1, 
dated March 8, 2010.

    Note 2: This may be done by inserting a copy of Canadair 
Regional Jet TR RJ/178-1, dated March 8, 2010, into the Canadair 
Regional Jet AFM CSP A-012. When this Canadair Regional Jet TR has 
been included in general revisions of the Canadair Regional Jet AFM, 
the general revisions may be inserted in the Canadair Regional Jet 
AFM, provided the relevant information in the general revision is 
identical to that in the Canadair Regional Jet TR.

    (2) Within 30 days after the effective date of this AD, revise 
Appendix A--Certification Maintenance Requirements of Part 2 of the 
Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM) by 
incorporating the information in Bombardier TR 2A-43, dated May 7, 
2008; as specified in Bombardier TR 2A-43. The initial compliance 
time for the new MRM task identified in Bombardier TR 2A-43 is at 
the later of the times specified in paragraphs (g)(2)(i) and 
(g)(2)(ii) of this AD. Thereafter, except as provided by paragraph 
(h)(1) of this AD, no alternative task intervals may be used. 
Bombardier TR 2A-43, dated May 7, 2008, introduces procedures for a 
function check of the stick pusher capstan.

[[Page 52235]]

    (i) Prior to the accumulation of 5,000 total flight hours.
    (ii) Within 500 flight hours after the effective date of this 
AD.

    Note 3: The actions required by paragraph (g)(2) of this AD may 
be done by inserting a copy of Bombardier TR 2A-43, dated May 7, 
2008, into Appendix A--Certification Maintenance Requirements of 
Part 2 of the Bombardier CL-600-2B19 MRM. When this Bombardier TR 
has been included in general revisions of the Bombardier CL-600-2B19 
MRM, the Bombardier CL-600-2B19 TR may be removed from the MRM, 
provided the relevant information in the general revision is 
identical to that in Bombardier CL-600-2B19 TR 2A-43, dated May 7, 
2008.

FAA AD Differences

    Note 4: This AD differs from the MCAI and/or service information 
as follows: No differences.

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 (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.
    (4) Special Flight Permits: We are not allowing special flight 
permits, as described in Section 21.197 and Section 21.199 of the 
Federal Aviation Regulations (14 CFR 21.197 and 21.199).

Related Information

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2009-36, 
dated September 2, 2009; Bombardier CL-600-2B19 TR 2A-43, dated May 
7, 2008, to Appendix A--Certification Maintenance Requirements of 
Part 2 of the Bombardier CL-600-2B19 MRM; and Canadair Regional Jet 
TR RJ/178-1, dated March 8, 2010, to the Canadair Regional Jet AFM 
CSP A-012; for related information.

Material Incorporated by Reference

    (j) You must use Bombardier Temporary Revision (TR) 2A-43, dated 
May 7, 2008, to Appendix A--Certification Maintenance Requirements 
of Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements 
Manual; and Canadair Regional Jet TR RJ/178-1, dated March 8, 2010, 
to the Canadair Regional Jet Airplane Flight Manual CSP A-012; as 
applicable; to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (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 August 12, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-20487 Filed 8-24-10; 8:45 am]
BILLING CODE 4910-13-P
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