[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Proposed Rules]
[Pages 19902-19904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9866]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / 
Proposed Rules

[[Page 19902]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0399; Directorate Identifier 2008-NM-226-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700, 701 & 702), CL-600-2D15 (Regional Jet Series 705), and 
CL-600-2D24 (Regional Jet Series 900) 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. 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:

    A change in dimensions of the fuse blocks in the Auxiliary Power 
Unit (APU) Start Contactor Assembly (ASCA) box assembly can cause an 
incorrect interface between the bus bars and fuses. This condition 
can result in an increase in temperature, which could damage the 
ASCA box and/or compromise the availability of battery bus supply.

The unsafe condition could result in the ignition of a fire in the ASCA 
box. 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 June 1, 2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 
<a href="/cdn-cgi/l/email-protection#95e1fdf1bbf6e7ffd5f4f0e7fabbf7faf8f7f4e7f1fcf0e7bbf6faf8"><span class="__cf_email__" data-cfemail="8df9e5e9a3eeffe7cdece8ffe2a3efe2e0efecffe9e4e8ffa3eee2e0">[email protected]</span></a>; 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 or 425-227-1152.

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: 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:

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-2009-0399; 
Directorate Identifier 2008-NM-226-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-
2008-34, dated December 2, 2008 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    A change in dimensions of the fuse blocks in the Auxiliary Power 
Unit (APU) Start Contactor Assembly (ASCA) box assembly can cause an 
incorrect interface between the bus bars and fuses. This condition 
can result in an increase in temperature, which could damage the 
ASCA box and/or compromise the availability of battery bus supply.

The unsafe condition could result in the ignition of a fire in the ASCA 
box. The required actions include inspecting the ASCA boxes to 
determine the part number; and for certain ASCA boxes, doing a detailed 
inspection of the fuse block date code, and replacement of the fuse 
block with new hardware if necessary. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 670BA-49-012, Revision A, 
dated August 28, 2008. 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

[[Page 19903]]

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 108 products of U.S. registry. We also estimate that 
it would take about 5 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $43,200, 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 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 adding the following new AD:

Bombardier (Formerly Canadair): Docket No. FAA-2009-0399; 
Directorate Identifier 2008-NM-226-AD.

Comments Due Date

    (a) We must receive comments by June 1, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes, certificated in any 
category, identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Bombardier Model CL-600-2C10 (Regional Jet Series 700, 701 & 
702), serial numbers 10112 through 10199, and 10201 through 10206.
    (2) Bombardier Model CL-600-2D15 (Regional Jet Series 705) and 
CL-600-2D24 (Regional Jet Series 900), serial numbers 15007 through 
15026, 15030, and 15031.

Subject

    (d) Air Transport Association (ATA) of America Code 49: Airborne 
Auxiliary Power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    A change in dimensions of the fuse blocks in the Auxiliary Power 
Unit (APU) Start Contactor Assembly (ASCA) box assembly can cause an 
incorrect interface between the bus bars and fuses. This condition 
can result in an increase in temperature, which could damage the 
ASCA box and/or compromise the availability of battery bus supply.

The unsafe condition could result in the ignition of a fire in the 
ASCA box. The required actions include inspecting the ASCA boxes to 
determine the part number; and for certain ASCA boxes, doing a 
detailed inspection of the fuse block date code, and replacement of 
the fuse block with new hardware if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 1,500 flight hours after the effective date of this 
AD, perform an inspection of the ASCA box to determine the part 
number and, for ASCA boxes having part number BA670-53328-1 or 
BA670-53328-951, perform a detailed inspection of the fuse block 
date code, in accordance with Bombardier Service Bulletin 670BA-49-
012, Revision A, dated August 28, 2008. Before further flight, 
replace all fuse blocks that have a date code between K23 (0323) 
through M08 (0508) inclusive, in accordance with Bombardier Service 
Bulletin 670BA-49-012, Revision A, dated August 28, 2008.
    (2) Inspections and replacement actions are also acceptable for 
compliance with the requirements of paragraph (f)(1) of this AD, if 
done before the effective date of this AD in accordance with 
Bombardier Service Bulletin 670BA-49-012, dated June 28, 2007.

FAA AD Differences

    Note 1:  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, 
Systems and Flight Test Branch, ANE-172, 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: 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. 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.
    (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.

[[Page 19904]]

    (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 MCAI Transport Canada Civil Aviation Airworthiness 
Directive CF-2008-34, dated December 2, 2008; and Bombardier Service 
Bulletin 670BA-49-012, Revision A, dated August 28, 2008; for 
related information.

    Issued in Renton, Washington, on April 22, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-9866 Filed 4-29-09; 8:45 am]
BILLING CODE 4910-13-P


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