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[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Proposed Rules]
[Pages 25791-25794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10887]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0438; Directorate Identifier 2009-NM-265-AD]
RIN 2120-AA64

Airworthiness Directives; 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

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:

    The heating capability of several [angle of attack] AOA 
transducer heating elements removed from in-service aircraft has 
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).

Inaccurate calibration of the AOA transducers and/or degraded AOA 
transducer heating elements could result in an ineffective response to 
an

[[Page 25792]]

aerodynamic stall and reduced controllability of the airplane. 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 24, 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 
[email protected]; 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: Wing Chan, Aerospace Engineer, 
Avionics 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-2010-0438; 
Directorate Identifier 2009-NM-265-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 16, 2009, we issued AD 2009-22-12, Amendment 39-16065 
(74 FR 55767, October 29, 2009). That AD required actions intended to 
address an unsafe condition on the products listed above.
    When we issued AD 2009-22-12, we stated that we did not include 
certain actions (the inspection to determine if certain transducers are 
installed and replaced if necessary in paragraph (h) of this proposed 
AD) because the planned compliance time was not enough to give notice 
as AD 2009-22-12 was issued as an immediately adopted rule. We now have 
determined that further rulemaking is indeed necessary, and this 
proposed AD follows from that determination.

Relevant Service Information

    Bombardier Inc. has issued Service Bulletin 670BA-27-053, Revision 
A, dated July 7, 2009. 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.

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 368 products of U.S. registry.
    The actions that are required by AD 2009-22-12 and retained in this 
proposed 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 would take about 5 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would 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 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 proposed AD 
on U.S. operators to be $156,400, or $425 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:

[[Page 25793]]

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 39-16065 (74 FR 
55767, October 29, 2009) and adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2010-0438; Directorate Identifier 
2009-NM-265-AD.

Comments Due Date

    (a) We must receive comments by June 24, 2010.

Affected ADs

    (b) This AD supersedes AD 2009-22-12, Amendment 39-16065.

Applicability

    (c) This AD applies to 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; certificated in any category, that are 
equipped with Thales angle of attack (AOA) transducers having part 
number (P/N) C16258AA.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    The heating capability of several [angle of attack] AOA 
transducer heating elements removed from in-service aircraft has 
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.

Inaccurate calibration of the AOA transducers and/or degraded AOA 
transducer heating elements could result in an ineffective response 
to an aerodynamic stall and reduced controllability of the airplane.

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 2009-22-12:
    (g) Do the following actions.
    (1) Within the applicable compliance times specified in Table 1 
of this AD: Measure the inrush current of both AOA transducers, in 
accordance with Part A of the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-27-051, dated May 14, 2009.

                      Table 1--Initial Measurement
------------------------------------------------------------------------
   For any AOA transducer that, as of
 November 13, 2009 (the effective date    Do the initial inrush current
  of AD 2009-22-12), has accumulated--            measurement--
------------------------------------------------------------------------
Less than 6,500 total flight hours.....  Before the AOA transducer has
                                          accumulated 7,500 total flight
                                          hours.
More than or equal to 6,500 total        Within 500 flight hours after
 flight hours but less than 7,500 total   November 13, 2009 (the
 flight hours.                            effective date of AD
                                          2009[dash]22-12), but before
                                          the AOA transducer has
                                          accumulated 8,000 total flight
                                          hours.
More than or equal to 7,500 total        Within 250 flight hours after
 flight hours.                            November 13, 2009.
------------------------------------------------------------------------

    (2) If, during any measurement required by paragraph (g)(1) of 
this AD, an AOA transducer is found to have an inrush current less 
than 1.60 amps (``degraded'' transducer), before further flight 
replace the transducer with a new or serviceable transducer, in 
accordance with Part C of the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-27-051, dated May 14, 2009. Do the 
measurement specified in paragraph (g)(1) of this AD for that 
replacement transducer at the times specified in (g)(2)(i) or 
(g)(2)(ii) of this AD.
    (i) At the applicable time specified in Table 2 of this AD if 
the degraded transducer was replaced with a serviceable transducer 
that is not new; or
    (ii) Within 2,000 flight hours after replacement if the degraded 
transducer was replaced with a new one.
    (3) If, during any measurement required by paragraph (g)(1) of 
this AD, an AOA transducer is found to have an inrush current more 
than or equal to 1.60 amps, repeat the measurement specified in 
paragraph (g)(1) of this AD thereafter at intervals not to exceed 
the applicable interval specified in Table 2 of this AD.

[[Page 25794]]

                Table 2--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.
------------------------------------------------------------------------

New Requirements of This AD

    (h) Within 6,000 flight hours after the effective date of this 
AD: Do an inspection to determine the serial number of the AOA 
transducer having P/N C16258AA, and to determine if the serial 
number has suffix ``A,'' in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-27-053, Revision 
A, dated July 7, 2009.
    (1) If the serial number is not specified in paragraph 1.A.(1) 
of Bombardier Service Bulletin 670BA-27-053, Revision A, dated July 
7, 2009, no further action is required by this paragraph.
    (2) If the serial number is specified in paragraph 1.A.(1) of 
Bombardier Service Bulletin 670BA-27-053, Revision A, dated July 7, 
2009, and the serial number has a suffix ``A,'' no further action is 
required by this paragraph.
    (3) If the serial number is specified in paragraph 1.A.(1) of 
Bombardier Service Bulletin 670BA-27-053, Revision A, dated July 7, 
2009, and the serial number does not have suffix ``A,'' before 
further flight, replace the AOA transducer with a serviceable 
transducer, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-27-053, Revision A, dated July 7, 
2009.
    (i) As of the effective date of this AD, no person may install, 
on any airplane, an AOA transducer having P/N C16258AA with any 
serial number specified in paragraph 1.A.(1) of Bombardier Service 
Bulletin 670BA-27-053, Revision A, dated July 7, 2009, unless the 
serial number has a suffix ``A.''
    (j) Inspections and replacements accomplished before the 
effective date of this AD according to Bombardier Service Bulletin 
670BA-27-051, dated May 14, 2009, are considered acceptable for 
compliance with the corresponding actions specified in this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (k) 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

    (l) Refer to MCAI Canadian Airworthiness Directive CF-2009-35, 
dated August 31, 2009; Bombardier Service Bulletin 670BA-27-051, 
dated May 14, 2009; and Bombardier Service Bulletin 670BA-27-053, 
Revision A, dated July 7, 2009; for related information.

    Issued in Renton, Washington, on April 29, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-10887 Filed 5-7-10; 8:45 am]
BILLING CODE 4910-13-P
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