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[Federal Register: April 14, 2010 (Volume 75, Number 71)]
[Rules and Regulations]               
[Page 19203-19207]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap10-6]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1068; Directorate Identifier 2009-NM-042-AD; 
Amendment 39-16258; AD 2010-08-03]
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:

    The heating capability of several Angle Of Attack (AOA) 
transducer heating elements removed from in-service aircraft have 
been found to be below the minimum requirement. Also, it was 
discovered that a large number of AOA transducers repaired in an 
approved maintenance facility were not calibrated accurately.
    Inaccurate calibration of the AOA transducer and/or degraded AOA 
transducer heating elements can result in early or late activation 
of the stall warning, stick shaker and stick pusher by the Stall 
Protection Computer (SPC).
* * * * *
The unsafe condition is reduced controllability of the airplane. We are 
issuing this AD to require actions to

[[Page 19204]]

correct the unsafe condition on these products.

DATES: This AD becomes effective May 19, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 19, 
2010.
    The Director of the Federal Register previously approved the 
incorporation by reference of a certain publication listed in this AD 
as of March 9, 2009 (74 FR 7789, February 20, 2009).

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: 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: 

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 18, 2009 
(74 FR 59480), and proposed to supersede AD 2009-04-11, Amendment 39-
15817 (74 FR 7789, February 20, 2009). That NPRM proposed to correct an 
unsafe condition for the specified products.
    The mandatory continued airworthiness information (MCAI) states:

    The heating capability of several Angle Of Attack (AOA) 
transducer heating elements removed from in-service aircraft have 
been found to be below the minimum requirement. Also, it was 
discovered that a large number of AOA transducers repaired in an 
approved maintenance facility were not calibrated accurately.
    Inaccurate calibration of the AOA transducer and/or degraded AOA 
transducer heating elements can result in early or late activation 
of the stall warning, stick shaker and stick pusher by the Stall 
Protection Computer (SPC).
    This [Canadian] directive mandates a periodic inspection of the 
inrush current to verify the AOA heating capability and replacement 
of the inaccurately calibrated AOA transducers.

The unsafe condition is reduced controllability of the airplane. This 
AD retains the requirements of AD 2009-04-11 and also requires a one-
time inspection of certain angle of attack (AOA) transducers, 
replacement of transducers having certain serial numbers, repetitive 
inspections of the inrush current for certain AOA transducers, and 
replacement of inaccurately calibrated AOA transducers. 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.

Request To Allow Records Check

    Mesa Airlines requests that we allow the use of a records check in 
lieu of the inspection for serial numbers specified in paragraph (g)(2) 
of the NPRM. Mesa Airlines points out that serial numbers could already 
be known to operators after compliance with AD 2009-04-11. Mesa 
Airlines also notes that AOA transducers are delicate instruments that 
could be damaged by removal for the purpose of confirming serial 
numbers.
    For the reasons provided by Mesa Airlines, we agree to allow 
operators to perform a review of the airplane maintenance records in 
lieu of performing an inspection of the AOA transducer to determine the 
serial number, if the serial number can be conclusively determined from 
that review. We have revised paragraph (g)(2) of this AD accordingly.

Explanation of Change to Applicability

    We have revised the applicability of this AD to identify model 
designations as published in the most recent type certificate data 
sheet for the affected models.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We 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 613 products of U.S. 
registry.
    The actions that are required by AD 2009-04-11 and retained in this 
AD take about 1 work-hour per product, at an average labor rate of $85 
per work-hour. Based on these figures, the estimated cost of the 
currently required actions is $85 per product.
    We estimate that it will take about 1 work-hour per product to 
comply with the new 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 $52,105, 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,

[[Page 19205]]

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 removing Amendment 39-15817 (74 FR 
7789, February 20, 2009) and adding the following new AD:

2010-08-03 Bombardier, Inc: Amendment 39-16258. Docket No. FAA-2009-
1068; Directorate Identifier 2009-NM-042-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 19, 
2010.

Affected ADs

    (b) This AD supersedes AD 2009-04-11, Amendment 39-15817.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, serial numbers 7003 and 
subsequent, certificated in any category, that are equipped with 
Thales angle of attack (AOA) transducers having part number (P/N) 
45150340 or C16258AA.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    The heating capability of several Angle Of Attack (AOA) 
transducer heating elements removed from in-service aircraft have 
been found to be below the minimum requirement. Also, it was 
discovered that a large number of AOA transducers repaired in an 
approved maintenance facility were not calibrated accurately.
    Inaccurate calibration of the AOA transducer and/or degraded AOA 
transducer heating elements can result in early or late activation 
of the stall warning, stick shaker and stick pusher by the Stall 
Protection Computer (SPC).
    This [Canadian] directive mandates a periodic inspection of the 
inrush current to verify the AOA heating capability and replacement 
of the inaccurately calibrated AOA transducers.

The unsafe condition is reduced controllability of the airplane. 
This AD retains the requirements of AD 2009-04-11 and also requires 
a one-time inspection of certain AOA transducers, replacement of 
transducers having certain serial numbers, repetitive inspections of 
the inrush current for certain AOA transducers, and replacement of 
inaccurately calibrated AOA transducers.

Restatement of Requirements of AD 2009-04-11, With No Changes

    (f) Unless already done, do the following actions:
    (1) For airplanes equipped with a transducer having accumulated 
more than 7,500 total flight hours as of March 9, 2009 (the 
effective date of AD 2009-04-11): Within 250 flight hours after 
March 9, 2009, measure the inrush current of both AOA transducers in 
accordance with Part A of the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-27-153, Revision A, dated December 
16, 2008.
    (i) If both AOA transducers are found to have an inrush current 
of 1.60 amps or more, repeat the measurement thereafter at intervals 
not to exceed the applicable interval specified in Table 1 of this 
AD. Do the measurement in accordance with Part A of the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.

                Table 1--Repetitive Measurement Intervals
------------------------------------------------------------------------
 If the last inrush current measurement
 of the serviceable AOA transducer is--   Then repeat the measurement--
------------------------------------------------------------------------
More than or equal to 1.90 amps........  Within 2,000 flight hours after
                                          the last measurement.
More than or equal to 1.80 amps but      Within 1,500 flight hours after
 less than 1.90 amps.                     the last measurement.
More than or equal to 1.70 amps but      Within 1,000 flight hours after
 less than 1.80 amps.                     the last measurement.
More than or equal to 1.60 amps but      Within 500 flight hours after
 less than 1.70 amps.                     the last measurement.
------------------------------------------------------------------------

     (ii) If one AOA transducer is found to have an inrush current 
below 1.60 amps, and the other AOA transducer is found to have an 
inrush current of 1.60 amps or more: Do the actions required by 
paragraphs (f)(1)(ii)(A) and (f)(1)(ii)(B) of this AD.
    (A) For the AOA transducer having an inrush current of 1.60 amps 
or more: Repeat the measurement thereafter at intervals not to 
exceed the applicable interval specified in Table 1 of this AD. Do 
the measurement in accordance with Part A of the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-27-153, Revision A, 
dated December 16, 2008.
    (B) For the AOA transducer having an inrush current below 1.60 
amps (``degraded'' transducer): Within 1,000 flight hours after 
March 9, 2009, replace that transducer in accordance with Part C of 
the Accomplishment Instructions of Bombardier Service Bulletin 601R-
27-153, Revision A, dated December 16, 2008. At the applicable time 
specified in Table 1 of this AD if the degraded transducer was 
replaced with a serviceable transducer, or within 2,000 flight hours 
after replacement if the degraded transducer was replaced with a new 
transducer, do the measurement for that replacement transducer and 
repeat the measurements thereafter at intervals not to exceed the 
applicable interval specified in Table 1 of this AD. Do the 
measurement in accordance with Part A of the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-27-153, Revision A, 
dated December 16, 2008.
    (iii) If both AOA transducers are found to have an inrush 
current below 1.60 amps, do the action specified in paragraph 
(f)(1)(iii)(A) or (f)(1)(iii)(B) of this AD.
    (A) Before further flight, replace one of the degraded AOA 
transducers with a new or serviceable transducer; and replace the 
other degraded transducer with a new or

[[Page 19206]]

serviceable transducer within 1,000 flight hours after the 
measurement required by paragraph (f)(1) of this AD; in accordance 
with Part C of the Accomplishment Instructions of Bombardier Service 
Bulletin 601R-27-153, Revision A, dated December 16, 2008. At the 
applicable time specified in Table 1 of this AD, if the degraded 
transducer was replaced with a serviceable transducer; or within 
2,000 flight hours after replacement if the degraded transducer was 
replaced with a new transducer: Do the measurement for that 
replacement transducer and repeat the measurement thereafter at 
intervals not to exceed the applicable interval specified in Table 1 
of this AD. Do the measurements in accordance with Part A of the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.
    (B) Within 1,000 flight hours after the measurement required by 
paragraph (f) of this AD, replace both degraded AOA transducers with 
new or serviceable transducers in accordance with Part C of the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008. Until the replacement is 
done, dispatch with two degraded AOA transducers is allowed, 
provided that the applicable Limitations section of the airplane 
flight manual (AFM) is revised to include the following statement or 
a copy of this AD is inserted into the applicable Limitations 
section of the AFM.
    ``Dispatch is allowed if:
    (a) Operations are not conducted in visible moisture (including 
standing water and slush) in any form,
    (b) Operations are not conducted in known or forecast icing 
conditions,
    (c) Both Ice Detection Systems are operative; and,
    (d) Operations are conducted in day VMC conditions only.''
After the replacement has been accomplished, the statement or the 
copy of this AD may be removed from the AFM. At the applicable time 
specified in Table 1 of this AD, if the degraded transducer was 
replaced with a serviceable transducer; or within 2,000 flight hours 
after replacement with a new transducer: Do the measurement for that 
replacement transducer and repeat the measurement thereafter at 
intervals not to exceed the applicable interval specified in Table 1 
of this AD. Do the measurement in accordance with Part A of 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.
    (2) If, during any repetitive measurement required by paragraphs 
(f)(1)(i), (f)(1)(ii), and (f)(1)(iii) of this AD, any AOA 
transducer is found to have an inrush current below 1.60 amps, 
before further flight, replace that transducer in accordance with 
Part C of the Accomplishment Instructions of Bombardier Service 
Bulletin 601R-27-153, Revision A, dated December 16, 2008. At the 
applicable time specified in Table 1 of this AD, if the degraded 
transducer was replaced with a serviceable transducer; or within 
2,000 flight hours after replacement if the degraded transducer was 
replaced with a new transducer: Do the measurement for that 
replacement transducer as specified in paragraph (f)(1)(ii)(B) of 
this AD and repeat the measurement thereafter at intervals not to 
exceed the applicable interval specified in Table 1 of this AD.
    (3) Actions done before March 9, 2009, in accordance with 
Bombardier Service Bulletin 601R-27-153, dated October 17, 2008, are 
acceptable for compliance with the corresponding requirements of 
paragraphs (f)(1) and (f)(2) of this AD.

New Requirements of This AD: Actions and Compliance

    (g) Unless already done, do the following actions.
    (1) For airplanes equipped with a transducer having accumulated 
7,500 or fewer flight hours as of March 9, 2009, except transducers 
that have been measured in accordance with paragraph (f)(1) of this 
AD: Do the actions specified in paragraph (f)(1) of this AD before 
the transducer accumulates 7,500 total flight hours, or within 500 
flight hours after the effective date of this AD, whichever occurs 
later.
    (2) Within 900 flight hours after the effective date of this AD, 
inspect AOA transducers having P/N 45150340 or C16258AA to determine 
the serial numbers. 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.
    (i) If the serial number is not identified in paragraph 1.A.(1) 
of Bombardier Service Bulletin 601R-27-154, dated December 1, 2008, 
no further action is required by this paragraph.
    (ii) If the part number and serial number are identified in one 
of the tables in paragraph 1.A.(1) of Bombardier Service Bulletin 
601R-27-154, dated December 1, 2008, and have the suffix ``A,'' no 
further action is required by this paragraph.

    Note 1:  Bombardier Service Bulletin 601R-27-154, dated December 
1, 2008, references Thales Avionics Service Bulletins 45150340-31-
004 and C16258A-27-002, both dated November 28, 2008, as additional 
sources of guidance for part and serial number information.

    (iii) If the part number and serial number are identified in a 
table in paragraph 1.A.(1) of Bombardier Service Bulletin 601R-27-
154, dated December 1, 2008, before further flight, replace the AOA 
transducer with a new or serviceable transducer, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 601R-
27-154, dated December 1, 2008.
    (3) As of the effective date of this AD, no person may install a 
replacement AOA transducer having P/N 45150340 or P/N C16258AA with 
a serial number identified in paragraph 1.A.(1) of Bombardier 
Service Bulletin 601R-27-154, dated December 1, 2008, unless the 
serial number has the suffix ``A.''

FAA AD Differences

    Note 2:  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.

Related Information

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2008-35, 
dated December 22, 2008; Bombardier Service Bulletin 601R-27-154, 
dated December 1, 2008; and Bombardier Service Bulletin 601R-27-153, 
Revision A, dated December 16, 2008; for related information.

Material Incorporated by Reference

    (j) You must use Bombardier Service Bulletin 601R-27-154, dated 
December 1, 2008; and Bombardier Service Bulletin 601R-27-153, 
Revision A, dated December 16, 2008; 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 Bombardier Service Bulletin 601R-27-
154, dated December 1, 2008, under 5 U.S.C. 552(a) and 1 CFR part 
51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008, on March 9, 2009 (74 FR 
7789, February 20, 2009).
    (3) 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.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane

[[Page 19207]]

Directorate, 1601 Lind Avenue SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) 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 March 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-7801 Filed 4-13-10; 8:45 am]
BILLING CODE 4910-13-P
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