[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Proposed Rules]
[Pages 31324-31327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13305]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0482; Directorate Identifier 2009-NM-225-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. 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: There have been several Stick Pusher Capstan Shaft 
failures causing severe degradation of the stick pusher function. This 
directive is issued to revise the first flight of the day check of the 
stall protection system to detect degradation of the stick pusher 
function. It also introduces a new repetitive maintenance task to limit 
exposure to dormant failure of the stick pusher capstan shaft. Dormant 
loss or severe degradation of the stick pusher function could result in 
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 July 19, 2010.

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

[[Page 31325]]

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#9de9f5f9b3feeff7ddfcf8eff2b3fff2f0fffceff9f4f8efb3fef2f0"><span class="__cf_email__" data-cfemail="0f7b676b216c7d654f6e6a7d60216d60626d6e7d6b666a7d216c6062">[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: Bruce Valentine, Avionics and Flight 
Test Branch, ANE-172, FAA, New York Aircraft Certification Office 
(ACO), 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; 
telephone (516) 228-7328; 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-2010-0482; 
Directorate Identifier 2009-NM-225-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

    Transport Canada Civil Aviation, which is the aviation authority 
for Canada, has issued Canadian Airworthiness Directive CF-2009-36, 
dated September 2, 2009 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    There have been several Stick Pusher Capstan Shaft failures 
causing severe degradation of the stick pusher function. This 
directive is issued to revise the first flight of the day check of 
the stall protection system to detect degradation of the stick 
pusher function. It also introduces a new repetitive maintenance 
task to limit exposure to dormant failure of the stick pusher 
capstan shaft.

    Dormant loss or severe degradation of the stick pusher function 
could result in reduced controllability of the airplane. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Temporary Revision (TR) 2A-43, dated May 7, 
2008, to Appendix A--Certification Maintenance Requirements of Part 2 
of the Bombardier CL-600-2B19 Maintenance Requirements Manual; and 
Canadair Regional Jet TR RJ/178-1, dated March 8, 2010, to Canadair 
Regional Jet Airplane Flight Manual CSP A-012. 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 601 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $51,085, or $85 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.

[[Page 31326]]

    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, Inc.: Docket No. FAA-2010-0482; Directorate Identifier 
2009-NM-225-AD.

Comments Due Date

    (a) We must receive comments by July 19, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category, serial numbers 7003 through 7990 inclusive, and 8000 and 
subsequent.

    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 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (h)(1) 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 27: Flight 
controls.

Reason

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

    There have been several Stick Pusher Capstan Shaft failures 
causing severe degradation of the stick pusher function. This 
directive is issued to revise the first flight of the day check of 
the stall protection system to detect degradation of the stick 
pusher function. It also introduces a new repetitive maintenance 
task to limit exposure to dormant failure of the stick pusher 
capstan shaft.

Dormant loss or severe degradation of the stick pusher function 
could result in 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.

Actions

    (g) Do the following actions.
    (1) Within 30 days after the effective date of this AD, revise 
the Limitations section of Canadair Regional Jet Airplane Flight 
Manual (AFM) CSP A-012 to include the information in Canadair 
Regional Jet Temporary Revision (TR) RJ/178-1, dated March 8, 2010; 
as specified in the TR. The Canadair Regional Jet TR RJ/178-1, dated 
March 8, 2010, introduces procedures for performing a stall 
protection system test. Operate the airplane according to the 
limitations and procedures in the Canadair Regional Jet TR RJ/178-1, 
dated March 8, 2010.

    Note 2:  This may be done by inserting a copy of Canadair 
Regional Jet TR RJ/178-1, dated March 8, 2010, into the Canadair 
Regional Jet AFM CSP A-012. When this Canadair Regional Jet TR has 
been included in general revisions of the Canadair Regional Jet AFM, 
the general revisions may be inserted in the AFM, provided the 
relevant information in the general revision is identical to that in 
the Canadair Regional Jet TR.

    (2) Within 30 days after the effective date of this AD, revise 
Appendix A--Certification Maintenance Requirements of Part 2 of the 
Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM) by 
incorporating the information in Bombardier TR 2A-43, dated May 7, 
2008; as specified in the TR. The initial compliance time for the 
new MRM task identified in the TR is at the later of the times 
specified in paragraphs (g)(2)(i) and (g)(2)(ii) of this AD. 
Thereafter, except as provided by paragraph (h)(1) of this AD, no 
alternative task intervals may be used. The TR to the MRM introduces 
procedures for a function check of the stick pusher capstan.
    (i) Prior to the accumulation of 5,000 total flight hours.
    (ii) Within 500 flight hours after the effective date of this 
AD.

    Note 3: The actions required by paragraph (g)(2) of this AD may 
be done by inserting a copy of Bombardier TR 2A-43, dated May 7, 
2008, to Appendix A--Certification Maintenance Requirements of Part 
2 of the Bombardier CL-600-2B19 MRM. When this Bombardier TR has 
been included in general revisions of the Bombardier MRM, the 
Bombardier TR may be removed from the MRM, provided the relevant 
information in the general revision is identical to that in 
Bombardier TR 2A-43, dated May 7, 2008.

FAA AD Differences

    Note 4:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (h) 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 516-228-
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.
    (4) Special Flight Permits: We are not allowing special flight 
permits, as described in Section 21.197 and Section 21.199 of the 
Federal Aviation Regulations (14 CFR 21.197 and 21.199).

Related Information

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2009-36, 
dated September 2, 2009; and Bombardier TR 2A-43, dated May 7, 2008, 
to Appendix A--Certification Maintenance Requirements of Part 2 of 
the Bombardier CL-600-2B19 Maintenance Requirements Manual, dated 
May 7, 2008; and Canadair Regional Jet TR RJ/178-1, dated March 8, 
2010, to Canadair Regional Jet Airplane Flight Manual CSP A-012; for 
related information.


[[Page 31327]]


    Issued in Renton, Washington, on May 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-13305 Filed 6-2-10; 8:45 am]
BILLING CODE 4910-13-P


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