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[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Proposed Rules]               
[Page 17086-17089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap10-23]                         


[[Page 17086]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0276; Directorate Identifier 2009-NM-144-AD]
RIN 2120-AA64

 
Airworthiness Directives; Bombardier, Inc. 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 that would supersede an existing AD. 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: Three cases of in-flight loss 
of cabin pressurization have been reported, resulting from failure of a 
bulkhead check valve in combination with failure of an air supply duct. 
In addition to mandating inspection, rework and/or replacement of the 
air supply ducts, Airworthiness Directive (AD) CF-2003-05 (subsequently 
revised to CF-2003-05R1) [which corresponds to FAA AD 2004-22-08] 
mandated the incorporation of a 4000 flight-hour repetitive inspection 
task for bulkhead check valves, Part Numbers (P/N) 92E20-3 and 92E20-4, 
into the approved maintenance schedule. However, this repetitive 
inspection task has since been superseded by a 3000 flight-hour 
periodic discard task for these bulkhead check valves. This directive 
mandates revision of the approved maintenance schedule to incorporate 
the discard task for bulkhead check valves, P/N 92E20-3 and 92E20-4, 
and supersedes the instructions in Corrective Actions, Part A, of AD 
CF-2003-05R1, dated 7 February 2006. 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 May 20, 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: Christopher Alfano, Airframe and 
Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone (516) 228-7340; 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-2010-0276; 
Directorate Identifier 2009-NM-144-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

    On October 18, 2004, we issued AD 2004-22-08, Amendment 39-13836 
(69 FR 62807, October 28, 2004). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2004-22-08, Transport Canada Civil Aviation 
(TCCA), which is the aviation authority for Canada, has issued Canadian 
Airworthiness Directive CF-2009-31, dated July 8, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Three cases of in-flight loss of cabin pressurization have been 
reported, resulting from failure of a bulkhead check valve in 
combination with failure of an air supply duct.
    In addition to mandating inspection, rework and/or replacement 
of the air supply ducts, Airworthiness Directive (AD) CF-2003-05 
(subsequently revised to CF-2003-05R1) [which corresponds to FAA AD 
2004-22-08] mandated the incorporation of a 4000 flight-hour 
repetitive inspection task for bulkhead check valves, Part Numbers 
(P/N) 92E20-3 and 92E20-4, into the approved maintenance schedule. 
However, this repetitive inspection task has since been superseded 
by a 3000 flight-hour periodic discard task for these bulkhead check 
valves.
    This directive mandates revision of the approved maintenance 
schedule to incorporate the discard task for bulkhead check valves, 
P/N 92E20-3 and 92E20-4, and supersedes the instructions in 
Corrective Actions, Part A, of AD CF-2003-05R1, dated 7 February 
2006.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier has issued Temporary Revision (TR) 1-2-39, dated 
December 12, 2008, to Section 2--Systems and Powerplant Program, of 
Part 1 of the Bombardier CL-600-2B19 Maintenance Requirements Manual 
(MRM) CSP A-053. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

[[Page 17087]]

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.

Changes to Existing AD

    This proposed AD would retain certain requirements of AD 2004-22-
08. Since AD 2004-22-08 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                      Corresponding requirement in this
   Requirement in  AD 2004-22-08                 proposed AD
------------------------------------------------------------------------
             paragraph (a)                        paragraph (g)
             paragraph (b)                        paragraph (h)
             paragraph (c)                        paragraph (i)
------------------------------------------------------------------------

    We have removed the service bulletin definition paragraph from the 
restated requirements of AD 2004-22-08. (That paragraph was identified 
as paragraph (a)(1) in AD 2004-22-08.) Instead, we have provided the 
full service bulletin citations throughout this NPRM.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 644 products of U.S. registry.
    The actions that are required by AD 2004-22-08 and retained in this 
proposed AD take about 15 work-hours per product, at an average labor 
rate of $85 per work hour. Required parts cost about $0 per product. 
Based on these figures, the estimated cost of the currently required 
actions is $1,869 per product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new requirement to revise the ALI. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of this requirement of the proposed AD on U.S. operators to be $54,740, 
or $85 per product.
    We estimate that it would take about 5 work-hours per product to 
comply with the new inspection requirement. The average labor rate is 
$85 per work-hour. Required parts would cost about $594 per product, 
per replacement cycle. 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 
inspection requirements of the proposed AD on U.S. operators to be 
$656,236, or $1,019 per product, per replacement cycle.

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 removing Amendment 39-13836 (69 FR 
62807, October 28, 2004) and adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2010-0276; Directorate Identifier 
2009-NM-144-AD.

Comments Due Date

    (a) We must receive comments by May 20, 2010.

Affected ADs

    (b) This AD supersedes AD 2004-22-08, Amendment 39-13836.

Applicability

    (c) This AD applies to all Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, serial numbers 7003 and 
subsequent, certificated in any category.

    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

[[Page 17088]]

situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (l) 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 21: Air 
conditioning.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Three cases of in-flight loss of cabin pressurization have been 
reported, resulting from failure of a bulkhead check valve in 
combination with failure of an air supply duct.
    In addition to mandating inspection, rework and/or replacement 
of the air supply ducts, Airworthiness Directive (AD) CF-2003-05 
(subsequently revised to CF-2003-05R1) [which corresponds to FAA AD 
2004-22-08] mandated the incorporation of a 4,000 flight-hour 
repetitive inspection task for bulkhead check valves, Part Numbers 
(P/N) 92E20-3 and 92E20-4, into the approved maintenance schedule. 
However, this repetitive inspection task has since been superseded 
by a 3000 flight-hour periodic discard task for these bulkhead check 
valves.
    This directive mandates revision of the approved maintenance 
schedule to incorporate the discard task for bulkhead check valves, 
P/N 92E20-3 and 92E20-4, and supersedes the instructions in 
Corrective Actions, Part A, of AD CF-2003-05R1, dated 7 February 
2006.

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.

Restatement of Requirements of AD 2004-22-08

Service Information Clarifications

    (g) Paragraphs (g)(1), (g)(2), and (g)(3) of this AD pertain to 
the service information referenced in this AD.
    (1) Although Bombardier Alert Service Bulletin A601R-21-053, 
Revision `A,' dated January 28, 2003; and Bombardier Alert Service 
Bulletin A601R-21-054, dated November 8, 2001; specify to submit 
certain information to the manufacturer, this AD does not include 
such a requirement.
    (2) Bombardier Alert Service Bulletin A601R-21-054, dated 
November 8, 2001, recommends sending all damaged check valves to the 
manufacturer for analysis; however, this AD does not include that 
requirement.
    (3) Accomplishment of the actions specified in Bombardier Alert 
Service Bulletin A601R-21-053, dated November 8, 2001, before 
December 2, 2004 (the effective date of AD 2004-22-08), is 
considered acceptable for compliance with the applicable actions 
specified in this AD.

Repetitive Inspections/Related Corrective Actions

    (h) Within 500 flight hours after December 2, 2004: Do the 
detailed inspections and related corrective actions required by 
paragraphs (h)(1) and (h)(2) of this AD, per the Accomplishment 
Instructions of Bombardier Alert Service Bulletin A601R-21-053, 
Revision `A,' dated January 28, 2003; and Bombardier Alert Service 
Bulletin A601R-21-054, dated November 8, 2001; as applicable.
    (1) For airplanes having bulkhead check valves with part number 
(P/N) 92E20-3/-4, as identified in Bombardier Alert Service Bulletin 
A601R-21-054, dated November 8, 2001: Inspect the left- and right-
hand bulkhead check valves for damage (cracking, breakage). If any 
damage is found, before further flight, replace the damaged valve. 
Repeat the inspection at intervals not to exceed 4,000 flight hours 
until the replacement required by paragraph (j) of this AD is done.
    (2) For airplanes having serial numbers 7003 through 7067 
inclusive, and 7069 through 7477 inclusive: Inspect the left- and 
right-hand air supply ducts of the rear bulkhead for damage 
(tearing, delamination, or cracking). If any damage is found, before 
further flight, either rework or replace the damaged air supply 
duct, which ends the inspections for that air supply duct only. If 
no damage is found, repeat the inspection thereafter at intervals 
not to exceed 500 flight hours until accomplishment of paragraph (i) 
of this AD.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Terminating Action for Repetitive Inspections of Air Supply Ducts

    (i) Except as required by paragraph (h)(2) of this AD, for 
airplanes having serial numbers 7003 through 7067 inclusive, and 
7069 through 7477 inclusive: Within 5,000 flight hours after 
December 2, 2004, either rework or replace the left- and right-hand 
air ducts, as applicable, per the Accomplishment Instructions of 
Bombardier Alert Service Bulletin A601R-21-053, Revision `A,' dated 
January 28, 2003; and Bombardier Alert Service Bulletin A601R-21-
054, dated November 8, 2001; as applicable. Accomplishment of this 
paragraph ends the repetitive inspections required by paragraph 
(h)(2) of this AD.

New Requirements of This AD

Actions and Compliance

    (j) For airplanes having serial numbers 7003 and subsequent: 
Within 60 days after the effective date of this AD, revise the 
Airworthiness Limitations section of the Instructions for Continued 
Airworthiness to include the information in Bombardier Temporary 
Revision (TR) 1-2-39, dated December 12, 2008, to Section 2--Systems 
and Powerplant Program, Part 1 of the Bombardier CL-600-2B19 
Maintenance Requirement Manual (MRM) CSP-053. This task requires 
replacement of the bulkhead check valves having P/N 92E20-3 or 
92E20-4 at intervals not to exceed 3,000 flight hours. Operate the 
airplane thereafter according to the limitations and procedures in 
the TR.
    (k) Thereafter, except as provided in paragraph (j) of this AD, 
no alternative replacement times or structural inspection intervals 
may be approved for this bulkhead check valve.

    Note 3: The actions required by paragraph (j) of this AD may be 
done by inserting a copy of Bombardier TR 1-2-39, dated December 12, 
2008, into the MRM, which introduces Task 21-51-21-13. When 
Bombardier Task 21-51-21-13 has been included in general revisions 
of the MRM, the general revisions may be inserted into the MRM, 
provided the relevant information in the general revision is 
identical to that in the TR.

FAA AD Differences

    Note 4: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (l) 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. Send information to ATTN: Program Manager, 
Continuing Operational Safety, FAA, New York ACO, 1600 Stewart 
Avenue, Suite 410, Westbury, New York, 11590; telephone 516-7300; 
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

    (m) Refer to MCAI Canadian Airworthiness Directive CF-2009-31, 
dated July 8, 2009; and Bombardier TR 1-2-39, dated December 12, 
2008, to Section 2--Systems and

[[Page 17089]]

Powerplant Program, Part 1 of the Bombardier CL-600-2B19 MRM CSP-
053; for related information.

    Issued in Renton, Washington, on March 19, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-6850 Filed 4-2-10; 8:45 am]
BILLING CODE 4910-13-P
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