[Federal Register Volume 75, Number 170 (Thursday, September 2, 2010)]
[Rules and Regulations]
[Pages 53851-53855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21415]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1110; Directorate Identifier 2009-NM-116-AD; 
Amendment 39-16421; AD 2010-18-08]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. 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), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing 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:

    During testing, it was discovered that when the outflow valve 
(OFV) manual mode connector is not connected, the manual mode motor 
and altitude limitation are not properly tested. Consequently, a 
disconnect of the OFV manual mode and/or a related wiring failure 
could potentially result in a dormant loss of several CPC [cabin 
pressure control] backup/safety functions, including OFV manual 
control, altitude limitation, emergency depressurization and smoke 
clearance. * * *
* * * * *
    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective October 7, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 7, 
2010.

[[Page 53852]]

    On May 29, 2009 (74 FR 22646, May 14, 2009), the Director of the 
Federal Register approved the incorporation by reference of certain 
other publications listed in this AD.

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 and Mechanical Systems 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 December 3, 2009 (74 
FR 63333), and proposed to supersede AD 2009-10-10, Amendment 39-15906 
(74 FR 22646, May 14, 2009). That NPRM proposed to correct an unsafe 
condition for the specified products. This AD retains the requirements 
of AD 2009-10-10 and also requires modification (software update) of 
the cabin pressure control units and cabin pressure control panels.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Allow Installation of a Certain Cabin Pressure Control (CPC) 
Part Number

    After the comment period for the NPRM closed, American Eagle 
Airlines (AEA) made an ex parte call to the FAA to request that we 
allow the installation of CPC units having part number (P/N) GG670-
98002-9 that were modified in accordance with Bombardier Service 
Bulletin 670BA-21-030, dated December 22, 2009, as a method of 
compliance with paragraph (g)(1) of the NPRM. AEA did not provide 
additional supporting information to substantiate this request.
    We agree with the commenter's request. After contacting Transport 
Canada Civil Aviation (TCCA) for further details, we determined that 
installation of certain CPC units modified according to Bombardier 
Service Bulletin 670BA-21-030, dated December 22, 2009, is acceptable 
for compliance with paragraph (g)(1) of this AD. We have added new 
paragraph (h) to this AD to provide this method of compliance, and have 
re-identified subsequent paragraphs accordingly.

Request To Allow Installation of Certain Modified CPCs and Cabin 
Pressure Control Panels (CPCPs)

    AEA also requests allowing certain CPC units and CPCPs that were 
modified in accordance with certain Liebherr service bulletins 
(identified in the following table) as a method of compliance with the 
actions specified in paragraphs (g)(1) and (g)(2) of the NPRM. AEA 
states that those Liebherr service bulletins were approved as an 
alternative method of compliance (AMOC) to AD 2009-10-10. AEA also 
suggests that allowing the use of those certain Liebherr service 
bulletins would prevent the need for future AMOCs.

                                           Liebherr Service Bulletins
----------------------------------------------------------------------------------------------------------------
       Liebherr Service Bulletin--                  Revision--                           Dated--
----------------------------------------------------------------------------------------------------------------
GG670-98001-21-03........................  Original....................  March 21, 2006.
GG670-98001-21-03........................  1...........................  November 15, 2007.
GG670-98002-21-02........................  Original....................  April 21, 2006.
GG670-98002-21-02........................  1...........................  November 15, 2007.
----------------------------------------------------------------------------------------------------------------

    We partially agree with the commenter's request. Since these 
Liebherr service bulletins were referenced as sources of additional 
guidance in Bombardier Service Bulletin A670BA-21-022, dated August 3, 
2006, that was required by AD 2009-10-10, we agree to provide credit 
for actions done according to those Liebherr service bulletins if the 
actions were accomplished before the effective date of AD 2009-10-10. 
We have added paragraph (i) to this AD to provide this credit.

Explanation of Change to Applicability

    We have revised the NPRM to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Explanation of Change to AMOC Paragraph

    We have revised paragraph (j)(1) of this AD to give credit for 
AMOCs approved previously for AD 2009-10-10.

Conclusion

    We reviewed the available data, including the comments received, 
and 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.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect about 353 products of U.S. 
registry.
    The actions that are required by AD 2009-10-10 and retained in this 
AD take about 2 work-hours 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 $170 per product.

[[Page 53853]]

    We estimate that it will take about 3 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $43,000 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 this AD to the 
U.S. operators to be $15,269,015, or $43,255 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15906 (74 FR 
22646, May 14, 2009) and adding the following new AD:

2010-18-08 Bombardier, Inc: Amendment 39-16421. Docket No. FAA-2009-
1110; Directorate Identifier 2009-NM-116-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
7, 2010.

Affected ADs

    (b) This AD supersedes AD 2009-10-10, Amendment 39-15906.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2C10 
(Regional Jet Series 700, 701, & 702) airplanes, certificated in any 
category, serial numbers 10003 through 10260 inclusive; and Model 
CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24 (Regional Jet 
Series 900) airplanes, certificated in any category, serial numbers 
15001 through 15095 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 21: Air 
Conditioning.

Reason

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

    During testing, it was discovered that when the outflow valve 
(OFV) manual mode connector is not connected, the manual mode motor 
and altitude limitation are not properly tested. Consequently, a 
disconnect of the OFV manual mode and/or a related wiring failure 
could potentially result in a dormant loss of several CPC [cabin 
pressure control] backup/safety functions, including OFV manual 
control, altitude limitation, emergency depressurization and smoke 
clearance. This deficiency is applicable to CPC units, Part Number 
(P/N) GG670-98002-3 and -5, and CPCP [cabin pressure control panel], 
Part Number GG670-98001-5, -7 and -9.
    This [Canadian] directive mandates an interim repetitive check 
of the OFV manual mode motor and altitude limitation functions, 
followed by modification (software update) of the CPC units and the 
CPCP.

The corrective action for findings of improper OFV manual mode motor 
and altitude limitation functions is replacing the valve with a new 
or serviceable valve.

Restatement of Requirements of AD 2009-10-10

Actions and Compliance

    (f) Unless already done, do the following actions. Within 450 
flight hours after May 29, 2009 (the effective date of AD 2009-10-
10), inspect the OFV for proper operation of the manual mode motor 
and altitude limitation functions, in accordance with Part A of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A670BA-21-022, dated August 3, 2006 (``the service bulletin''). If 
the OFV manual mode motor or altitude limitation functions do not 
operate properly, before further flight, do the actions specified in 
paragraphs (f)(1) and (f)(2) of this AD. Repeat the inspection 
thereafter at intervals not to exceed 450 flight hours. 
Accomplishing the actions specified in paragraph (g) of this AD 
terminates the requirements of this paragraph.
    (1) Make sure that the electrical connectors, MPE23P1 and 
MPE23P2, are connected to the OFV.
    (2) Repeat the inspection of the OFV for proper operation of the 
manual mode motor and altitude limitation functions, in accordance 
with Part A of the service bulletin. If the OFV manual mode motor or 
altitude limitation functions do not operate properly, before 
further flight, replace the OFV with a new or serviceable valve in 
accordance with Tasks 21-32-01-000-801 and 21-32-01-400-801 of the 
Bombardier CRJ Regional Jet Series Aircraft Maintenance Manual, CSP 
B-001, Part 2, Volume 1, Revision 28, dated January 20, 2009, and do 
the inspection of the OFV specified in paragraph (f) of this AD.

New Requirements of This AD

Actions and Compliance

    (g) Unless already done, do the following actions.
    (1) Prior to accomplishing the actions specified in paragraph 
(g)(2) of this AD: Install modified or new CPC units, P/N GG670-
98002-7, in accordance with Part B of the Accomplishment 
Instructions of Bombardier Alert Service Bulletin A670BA-21-022, 
dated August 3, 2006.
    (2) Within 4,500 flight hours after the effective date of this 
AD: Install modified or

[[Page 53854]]

new CPCPs, P/N GG670-98001-11, in accordance with Part C of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A670BA-21-022, dated August 3, 2006. Doing the actions required by 
paragraph (g)(2) of this AD terminates the requirements of paragraph 
(f) of this AD.
    (h) Installing CPC units, P/N GG670-98002-9, in accordance with 
Bombardier Service Bulletin 670BA-21-030, dated December 22, 2009, 
is acceptable for compliance with the corresponding requirements of 
paragraph (g)(1) of this AD.
    (i) Actions done before May 29, 2009, in accordance with a 
Liebherr service bulletin identified in Table 1 of this AD, are 
acceptable for compliance with the corresponding requirements of 
paragraph (g)(1) or (g)(2) of this AD.

                                       Table 1--Liebherr Service Bulletins
----------------------------------------------------------------------------------------------------------------
       Liebherr Service Bulletin--                  Revision--                           Dated--
----------------------------------------------------------------------------------------------------------------
GG670-98001-21-03........................  Original....................  March 21, 2006.
GG670-98001-21-03........................  1...........................  November 15, 2007.
GG670-98002-21-02........................  Original....................  April 21, 2006.
GG670-98002-21-02........................  1...........................  November 15, 2007.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: The MCAI and Bombardier Alert Service Bulletin A670BA-
21-022, dated August 3, 2006, do not describe corrective actions for 
findings of improper OFV manual mode motor and altitude limitation 
functions. This AD requires the actions in paragraphs (f)(1) and 
(f)(2) of this AD, which include replacing the valve if the OFV 
manual mode motor or altitude limitation functions do not operate 
properly.

Other FAA AD Provisions

    (j) 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. AMOCs approved previously in 
accordance with AD 2009-10-10 are approved as AMOCs for the 
corresponding provisions of 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

    (k) Refer to MCAI Canadian Airworthiness Directive CF-2009-08R1, 
dated April 13, 2010; and the service information identified in 
Table 2 of this AD; for related information.

                                      Table 2--Related Service Information
----------------------------------------------------------------------------------------------------------------
       Bombardier Service information               Revision level                         Date
----------------------------------------------------------------------------------------------------------------
Bombardier Alert Service Bulletin A670BA-21- Original...................  August 3, 2006.
 022.
Bombardier Service Bulletin 670BA-21-030...  Original...................  December 22, 2009.
Task 21-32-01-000-801 of the Bombardier CRJ  28.........................  January 20, 2009.
 Regional Jet Series Aircraft Maintenance
 Manual, CSP B-001, Part 2, Volume 1.
Task 21-32-01-400-801, of the Bombardier     28.........................  January 20, 2009.
 CRJ Regional Jet Series Aircraft
 Maintenance Manual, CSP B-001, Part 2,
 Volume 1.
----------------------------------------------------------------------------------------------------------------

Material Incorporated by Reference

    (l) You must use the applicable service information identified 
in Table 3 of this AD, to do the actions required by this AD, unless 
the AD specifies otherwise. If accomplished, you must use Bombardier 
Service Bulletin 670BA-21-030, dated December 22, 2009, to do the 
optional actions specified by this AD, unless the AD specifies 
otherwise.

                              Table 3--Required Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
       Bombardier Service information               Revision level                         Date
----------------------------------------------------------------------------------------------------------------
Bombardier Alert Service Bulletin A670BA-21- Original...................  August 3, 2006.
 022.
Task 21-32-01-000-801 of the Bombardier CRJ  28.........................  January 20, 2009.
 Regional Jet Series Aircraft Maintenance
 Manual, CSP B-001, Part 2, Volume 1.
Task 21-32-01-400-801, of the Bombardier     28.........................  January 20, 2009.
 CRJ Regional Jet Series Aircraft
 Maintenance Manual, CSP B-001, Part 2,
 Volume 1.
----------------------------------------------------------------------------------------------------------------

     (1) The Director of the Federal Register approved the 
incorporation by reference of Bombardier Service Bulletin 670BA-21-
030, dated December 22, 2009, under 5 U.S.C. 552(a) and 1 CFR part 
51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of the service information contained in 
Table 4 of this AD on May 29, 2009 (74 FR 22646, May 14, 2009).

[[Page 53855]]



                             Table 4--Material Previously Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
       Bombardier Service information               Revision level                         Date
----------------------------------------------------------------------------------------------------------------
Bombardier Alert Service Bulletin A670BA-21- Original...................  August 3, 2006.
 022.
Task 21-32-01-000-801 of the Bombardier CRJ  28.........................  January 20, 2009.
 Regional Jet Series Aircraft Maintenance
 Manual, CSP B-001, Part 2, Volume 1.
Task 21-32-01-400-801, of the Bombardier     28.........................  January 20, 2009.
 CRJ Regional Jet Series Aircraft
 Maintenance Manual, CSP B-001, Part 2,
 Volume 1.
----------------------------------------------------------------------------------------------------------------

     (3) For service information identified in this 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#46322e226825342c06272334296824292b242734222f23346825292b"><span class="__cf_email__" data-cfemail="5f2b373b713c2d351f3e3a2d30713d30323d3e2d3b363a2d713c3032">[email protected]</span></a>; Internet http://www.bombardier.com.
    (4) 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.
    (5) 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 August 13, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-21415 Filed 9-1-10; 8:45 am]
BILLING CODE 4910-13-P


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