13094 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

Issued in Burlington, Massachusetts, on 

March 18, 2009. 

Thomas A. Boudreau, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–6387 Filed 3–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0522; Directorate 

Identifier 2008–NM–041–AD; Amendment 

39–15855; AD 2009–06–18] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

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 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

Following in-flight test deployments on 

CL–600–2B19 aircraft, several Air-Driven 

generators (ADGs) failed to come on-line. 

Investigation revealed that, as a result of a 

wiring anomaly that had not been detected 

during ADG manufacture, a short circuit was 

possible between certain internal wires and 

their metallic over-braided shields, which 

could result in the ADG not providing power 

when deployed. 

The unsafe condition is that failure of 

the ADG could lead to loss of several 

functions essential for safe flight. We are 

issuing this AD to require actions to 

correct the unsafe condition on these 

products. 

DATES: This AD becomes effective April 

30, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of April 30, 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: 

Fabio Buttitta, Aerospace Engineer, 

Airframe & Propulsion Branch, ANE– 

171, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7303; 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 May 8, 2008 (73 FR 26045). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Following in-flight test deployments on 

CL–600–2B19 aircraft, several Air-Driven 

generators (ADGs) failed to come on-line. 

Investigation revealed that, as a result of a 

wiring anomaly that had not been detected 

during ADG manufacture, a short circuit was 

possible between certain internal wires and 

their metallic over-braided shields, which 

could result in the ADG not providing power 

when deployed. This directive mandates 

checking of the ADG and modification of the 

ADG internal wiring, if required. It also 

prohibits future installation of unmodified 

ADGs. 

The unsafe condition is that failure of 

the ADG could lead to loss of several 

functions essential for safe flight. 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 comments received. 

Request To Extend Compliance Time 

for Inspecting the Identification Plate 

Comair requests that we change the 

compliance time specified in paragraph 

(f)(1)(ii) of the NPRM to remove the 

‘‘before further flight’’ phrase. Comair 

states that it has already reviewed their 

maintenance records and found that 

affected ADGs are installed on its fleet. 

Since the review was performed before 

the effective date of the AD, it is not 

clear when Comair would be required to 

inspect the ADG identification plate. 

Comair suggests a compliance time of 12 

months after the effective date of the 

AD. 

We agree to change the compliance 

time. The intent of the AD is to inspect 

and modify the ADG wiring within 12 

months after the effective date of the 

AD. We have revised the compliance 

time of paragraph (f)(1)(ii) of this AD 

accordingly. 

Request To Shorten Compliance Time 

and Restrict Dispatch Conditions 

Air Line Pilots Association, 

International (ALPA), requests that the 

compliance time be shortened from 12 

months to 3 months. ALPA states that 

although its review did not reveal any 

incidents of full electrical failures in 

Bombardier airplanes, the ADG is the 

only remaining source of electrical 

power sustaining the batteries and flight 

critical electrical systems if all other 

generators fail or are unavailable. In 

addition, ALPA states there are 

procedures for deferring an enginedriven or APU generator under certain 

circumstances, but the ADG is a nondeferrable item. ALPA recommends 

that, given the potential consequences 

of a full electrical system failure, 

particularly in low visibility weather 

conditions in which these airplanes 

routinely operate, we shorten the 

compliance time to 3 months. ALPA 

also recommends that no flights be 

allowed with a non-operating enginedriven or APU generator unless this AD 

has been complied with. 

We do not agree to shorten the 

compliance time. We have considered 

the risks (probability of dual engine 

shutdown due to a common cause and 

total loss of electrical power, including 

the emergency battery power) and have 

determined that a 12-month compliance 

time is appropriate. The issue of not 

allowing flights to be dispatched 

without an operational engine-driven or 

APU generator would be better 

addressed in the applicable Master 

Minimum Equipment List (MMEL). We 

are considering a revision to the MMEL 

for that issue. No change to the AD was 

made in this regard. 

Clarification 

We have revised paragraphs (f)(1)(i) 

and (f)(1)(ii)(A) of this AD from ‘‘* * * 

by this AD.’’ to ‘‘* * * by this 

paragraph.’’ to clarify that if the criteria 

in those paragraphs are met, no further 

actions are required by those 

paragraphs. The requirements of 

paragraph (f)(2) of this AD would still be 

in effect. 

We have removed reference to 

Hamilton Sundstrand Service Bulletin 

ERPS10AG–24–2, dated February 19, 

2004, from paragraph (f)(2) of this AD. 

Instead we have added Note 1 of this 

AD to include this information. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 13095 

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. 

Costs of Compliance 

We estimate that this AD will affect 

304 products of U.S. registry. We also 

estimate that it will take about 5 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Required parts will cost about $0 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 this AD 

to the U.S. operators to be $121,600, or 

$400 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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2009–06–18 Bombardier, Inc. (Formerly 

Canadair): Amendment 39–15855. 

Docket No. FAA–2008–0522; Directorate 

Identifier 2008–NM–041–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective April 30, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier Model 

CL–600–2C10 (Regional Jet Series 700, 701, 

& 702) airplanes, having serial numbers (SNs) 

10004 and subsequent; and Model CL–600– 

2D15 (Regional Jet Series 705) airplanes and 

Model CL–600–2D24 (Regional Jet Series 

900) airplanes, having SN 15002 and 

subsequent; certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 24: Electrical Power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Following in-flight test deployments on 

CL–600–2B19 aircraft, several Air-Driven 

generators (ADGs) failed to come on-line. 

Investigation revealed that, as a result of a 

wiring anomaly that had not been detected 

during ADG manufacture, a short circuit was 

possible between certain internal wires and 

their metallic over-braided shields, which 

could result in the ADG not providing power 

when deployed. This directive mandates 

checking of the ADG and modification of the 

ADG internal wiring, if required. It also 

prohibits future installation of unmodified 

ADGs. 

The unsafe condition is that failure of the 

ADG could lead to loss of several functions 

essential for safe flight. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) For airplanes identified in Table 1 of 

this AD: Within 12 months after the effective 

date of this AD, inspect the serial number of 

the installed ADG. A review of airplane 

maintenance records is acceptable in lieu of 

this inspection if the serial number of the 

ADG can be conclusively determined from 

that review. 

TABLE 1—BOMBARDIER AIRPLANE

IDENTIFICATION

Model Serial No. 

CL–600–2C10 airplanes.10004 through 10265. 

CL–600–2D15 and 

CL–600–2D24 airplanes.

15002 through 15162. 

(i) If the serial number is not listed in 

paragraph 1.A of Bombardier Service Bulletin 

670BA–24–015, Revision A, dated December 

18, 2006, no further action is required by this 

paragraph. 

(ii) If the serial number is listed in 

paragraph 1.A of Bombardier Service Bulletin 

670BA–24–015, Revision A, dated December 

18, 2006 (‘‘the service bulletin’’), within 12 

months after the effective date of this AD, 

13096 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

inspect the ADG identification plate and, as 

applicable, do the actions of paragraph 

(f)(1)(ii)(A) or (f)(1)(ii)(B) of this AD. 

(A) If the identification plate is marked 

with the symbol ‘‘24–2,’’ no further action is 

required by this paragraph. 

(B) If the identification plate is not marked 

with the symbol ‘‘24–2,’’ modify the ADG 

wiring in accordance with the 

Accomplishment Instructions of the service 

bulletin. 

(2) For all Model CL–600–2C10 airplanes 

having SN 10004 and subsequent, and Model 

CL–600–2D15 and CL–600–2D24 airplanes 

having SN 15002 and subsequent: As of the 

effective date of this AD, no ADG part 

number 604–90800–19 (761339E), having SN 

0101 through 0132, 0134 through 0167, 0169 

through 0358, 0360 through 0438, 0440 

through 0456, 0458 through 0467, 0469, 0471 

through 0590, 0592 through 0597, 0599 

through 0745, 0747 through 1005, or 1400 

through 1439, may be installed on any 

airplane, unless the identification plate of the 

ADG is identified with the symbol ‘‘24–2.’’ 

Note 1: Bombardier Service Bulletin 

670BA–24–015, Revision A, dated December 

18, 2006, refers to Hamilton Sundstrand 

Service Bulletin ERPS10AG–24–2, dated 

February 19, 2004, for further information on 

identifying the symbol ‘‘24–2.’’ 

(3) Actions done before the effective date 

of this AD according to Bombardier Service 

Bulletin 670BA–24–015, dated May 17, 2004, 

are considered acceptable for compliance 

with the corresponding actions specified in 

this AD, provided the ADG has not been 

replaced since those actions were done. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office, 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: Fabio Buttitta, 

Aerospace Engineer, Airframe & Propulsion 

Branch, ANE–171, FAA, New York Aircraft 

Certification Office, 1600 Stewart Avenue, 

Suite 410, Westbury, New York 11590; 

telephone (516) 228–7303; fax (516) 794– 

5531. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(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 FAAapproved 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, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to Canadian Airworthiness 

Directive CF–2008–10, dated February 5, 

2008; and Bombardier Service Bulletin 

670BA–24–015, Revision A, dated December 

18, 2006; for related information. 

Material Incorporated by Reference 

(i) You must use Bombardier Service 

Bulletin 670BA–24–015, Revision A, dated 

December 18, 2006, 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 CoˆteVertu Road West, Dorval, Que ́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 or 425–227–1152. 

(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 March 6, 

2009. 

Linda Navarro, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–6222 Filed 3–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0831; Directorate 

Identifier 2008–NM–051–AD; Amendment 

39–15853; AD 2009–06–16] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes 

and Model ERJ 190 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

It has been found the occurrence of failed 

bearings of the RAT [ram air turbine] 

generator, which may lead to a RAT 

generator failure. The RAT generator was 

designed to provide emergency electrical 

power to essential systems in case of loss of 

all other sources of aircraft AC electrical 

power. 

* * * * * 

Loss of emergency electrical power 

could result in reduced controllability 

of the airplane during in-flight 

emergencies. We are issuing this AD to 

require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective April 

30, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 30, 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: 

Kenny Kaulia, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2848; fax (425) 227–1149. 

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 August 4, 2008 (73 FR 

45178). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

It has been found the occurrence of failed 

bearings of the RAT [ram air turbine] 

generator, which may lead to a RAT 

generator failure. The RAT generator was 

designed to provide emergency electrical 

power to essential systems in case of loss of 

all other sources of aircraft AC electrical 

power. 

Loss of emergency electrical power 

could result in reduced controllability