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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2012-0293; Directorate Identifier 2012-NM-034-AD]
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of proposed rulemaking (NPRM).

# SUMMARY:

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, and Model CL-600-2D24 (Regional Jet Series 900) airplanes. This proposed AD was prompted by reports of a bleed air leak from the high pressure ducts which was not immediately detected by the bleed leak detection system. This proposed AD would require installing new sensing elements in the main landing gear wheel well and the overwing area, protective blankets on the upper surface of the wing box and fuel tubes, and protective shields on the rudder quadrant support-beam in the aft equipment compartment. We are proposing this AD to prevent an undetected bleed air leak which can cause loss of rudder control, can lead to degradation of structural integrity, and could be a potential heat source that can lead to fuel being ignited.

# DATES:

We must receive comments on this proposed AD by May 7, 2012.

# 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 W12-140, 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 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email                         *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:

Cesar Gomez, 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) 228-7318; 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-2012-0293; Directorate Identifier 2012-NM-034-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-2012-06, dated January 26, 2012 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

There have been multiple events reported where a bleed air leak from the high pressure ducts was not immediately detected by the Bleed Leak Detection System (BLDS).

An investigation revealed that if a bleed air leak develops due to a cracked or ruptured duct, the duct shroud may not channel sufficient bleed air to the sensing loop elements to enable an automatic shutdown of the bleed air system. The inability to detect a bleed air leak could result in the rudder quadrant bracket, pressure floor, pressure floor beam, fuel vent boot or fuel tubes being exposed to high temperatures. This could potentially lead to the loss of rudder control, degrade the structural integrity of primary structure or fuel ignition.

                        This [Canadian] Airworthiness Directive (AD) mandates the installation of newly designed sensing elements in the main landing gear wheel well and the overwing area, protective blankets on the upper surface of the wing box and fuel tubes, as well as                               ( print page 16491)                            protective shields on the rudder quadrant support-beam in the aft equipment compartment.                    

You may obtain further information by examining the MCAI in the AD docket.

## Relevant Service Information

Bombardier, Inc. has issued the service bulletins below.
    - Bombardier Service Bulletin 670BA-36-014, Revision A, dated October 11, 2011.
    - Bombardier Service Bulletin 670BA-36-016, Revision A, dated October 11, 2011.

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.

## Costs of Compliance

Based on the service information, we estimate that this proposed AD would affect about 409 products of U.S. registry. We also estimate that it would take about 78 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $21,353 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 parts. 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 $11,445,047, or $27,983 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);

3. Will not affect intrastate aviation in Alaska; and

4. 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.

§ 39.13 

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

**Bombardier, Inc.:**                                 Docket No. FAA-2012-0293; Directorate Identifier 2012-NM-034-AD.                            

## (a) Comments Due Date

We must receive comments by May 7, 2012.

## (b) Affected ADs

None.

## (c) Applicability

This AD applies to the airplanes specified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category.

(1) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, serial numbers 10003 through 10331 inclusive.

(2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers 15001 through 15279 inclusive.

## (d) Subject

Air Transport Association (ATA) of America Code 36: Pneumatic.

## (e) Reason

This AD was prompted by reports of a bleed air leak from the high pressure ducts which was not immediately detected by the bleed leak detection system. We are issuing this AD to prevent an undetected bleed air leak which can cause loss of rudder control, can lead to degradation of structural integrity, and could be a potential heat source that can lead to fuel being ignited.

## (f) Compliance

You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done.

## (g) Install Protective Shields

For Model CL-600-2C10 airplanes having serial numbers 10003 through 10326 inclusive, and Model CL-600-2D15 and CL-600-2D24 airplanes having serial numbers 15001 through 15267 inclusive: Within 6,600 flight hours or 24 months after the effective date of this AD, whichever occurs first, install protective shields on the rudder quadrant support-beam in the aft equipment compartment, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-36-014, Revision A, dated October 11, 2011.

## (h) Install Protective Blankets and Sensing Elements

For Model CL-600-2C10 airplanes having serial numbers 10003 through 10331 inclusive and Models CL-600-2D15 and CL-600-2D24 airplanes having serial numbers 15001 through 15279 inclusive: Within 6,600 flight hours or 24 months after the effective date of this AD, whichever occurs first, install protective blankets on the upper surface of the wing box and fuel components, and install new sensing elements in the wheel well of the main landing gear and the overwing area, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-36-016, Revision A, dated October 11, 2011.

## (i) Credit for Previous Actions

                                This paragraph provides credit for installations, as required by paragraphs (g)                                       ( print page 16492)                                    and (h) of this AD, if those actions were done before the effective date of this AD using Bombardier Service Bulletin 670BA-36-014 or 670BA-36-016, both dated April 7, 2011.                            

## (j) Other FAA AD Provisions

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. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the ACO, send it 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, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding 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.                            

## (k) Related Information

Refer to MCAI Canadian Airworthiness Directive CF-2012-06, dated January 26, 2012; and the service bulletins specified in paragraphs (k)(1) and (k)(2) of this AD; for related information.

(1) Bombardier Service Bulletin 670BA-36-014, Revision A, dated October 11, 2011.

(2) Bombardier Service Bulletin 670BA-36-016, Revision A, dated October 11, 2011.

Issued in Renton, Washington, on March 12, 2012.

John P. Piccola,

Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2012-6769 Filed 3-20-12; 8:45 am]

BILLING CODE 4910-13-P