27474 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules 

who violates the restrictions in § 1212.3 

also may be subject to other 

administrative, civil, or criminal 

remedies or penalties as provided in 

law. 

(c) Procedural rights. The procedures 

applicable to actions under paragraph 

(a) of this section are those provided in 

the Safety and Soundness Act under 

section 1376, in connection with the 

imposition of a civil money penalty; 

under section 1377, in connection with 

a removal and prohibition order (12 

U.S.C. 4636 and 4636a, respectively); 

and under any regulations issued by 

FHFA implementing such procedures. 

Dated: May 27, 2009. 

James B. Lockhart III, 

Director, Federal Housing Finance Agency. 

[FR Doc. E9–13620 Filed 6–9–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0525; Directorate 

Identifier 2009–NM–027–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

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: 

AD CF–2002–12 [which corresponds to 

FAA AD 2003–04–21, amendment 39–13070] 

mandated installation of revised overwing 

emergency exit placards showing that the 

exit door should be opened and disposed 

from a seated position. However, it was later 

discovered that the new placards illustrated 

an incorrect hand position for removal of the 

exit upper handle cover. These incorrect 

instructions could cause difficulty or delay 

when opening the overwing emergency exit. 

As a result, the timely and safe 

evacuation of passenger and crew may 

be impeded. 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 10, 2009. 

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 

W12–140, 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 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; email thd.crj@aero.bombardier.com; 

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: 

Christopher Alfano, 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– 

7340; 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–2009–0525; Directorate Identifier 

2009–NM–027–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 

On February 19, 2003, we issued AD 

2003–04–21, Amendment 39–13070 (68 

FR 9509, February 28, 2003). A 

correction of that AD was published in 

the Federal Register on March 25, 2003 

(68 FR 14309). That AD required actions 

intended to address an unsafe condition 

on the products listed above. 

Since we issued AD 2003–04–21, it 

was discovered that the new placards 

illustrated an incorrect hand position 

for removal of the exit upper handle 

cover. Transport Canada Civil Aviation, 

which is the aviation authority for 

Canada, has issued Canadian 

Airworthiness Directive CF–2009–02, 

dated January 19, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

AD CF–2002–12 [which corresponds to 

FAA AD 2003–04–21] mandated installation 

of revised overwing emergency exit placards 

showing that the exit door should be opened 

and disposed from a seated position. 

However, it was later discovered that the new 

placards illustrated an incorrect hand 

position for removal of the exit upper handle 

cover. These incorrect instructions could 

cause difficulty or delay when opening the 

overwing emergency exit. 

As a result, the timely and safe 

evacuation of passenger and crew may 

be impeded. The required actions 

include replacing the incorrect placards 

with revised placards. You may obtain 

further information by examining the 

MCAI in the AD docket. 

This NPRM adds certain airplanes to 

the applicability; we have determined 

that these additional airplanes are 

affected by the identified unsafe 

condition. These airplanes were added 

as they also have the same interior 

configuration. This NPRM also removes 

certain airplanes from the applicability; 

airplanes with serial numbers 7075, 

7099, 7136, 7140, 7152, 7176, and 7351 

have been removed because they have 

different placards installed. 


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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules 27475 

Relevant Service Information 

Bombardier has issued Service 

Bulletin 601R–11–088, Revision ‘A,’ 

dated March 24, 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 664 products of U.S. 

registry. 

We estimate that it would take about 

1 work-hour per product to comply with 

the new basic requirements of this 

proposed AD. The average labor rate is 

$80 per work-hour. Required parts 

would cost about $128 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 $138,112, or $208 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing Amendment 39–13070 (68 FR 

9509, February 28, 2003), corrected at 

68 FR 14309, March 25, 2003, and 

adding the following new AD: 

Bombardier, Inc. (Formerly Canadair): 

Docket No. FAA–2009–0525; Directorate 

Identifier 2009–NM–027–AD. 

Comments Due Date 

(a) We must receive comments by July 10, 

2009. 

Affected ADs 

(b) The proposed AD supersedes AD 2003– 

04–21 R1, Amendment 39–13070. 

Applicability 

(c) This AD applies to Bombardier Model 

CL–600–2B19 (Regional Jet Series 100 & 400) 

airplanes, serial numbers 7003 through 7074 

inclusive, 7076 through 7098 inclusive, 7100 

through 7135 inclusive, 7137 through 7139 

inclusive, 7141 through 7151 inclusive, 7153 

through 7175 inclusive, 7177 through 7350 

inclusive, 7352 through 7583 inclusive, 7585 

through 7638 inclusive, 7640 through 7716 

inclusive, 7718 through 7845 inclusive, 7847 

through 8042 inclusive, 8044 through 8047 

inclusive, 8050, 8058, 8059, 8061, 8062, and 

8064; certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 11: Placards and markings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

AD CF–2002–12 [which corresponds to FAA 

AD 2003–04–21] mandated installation of 

revised overwing emergency exit placards 

showing that the exit door should be opened 

and disposed from a seated position. 

However, it was later discovered that the new 

placards illustrated an incorrect hand 

position for removal of the exit upper handle 

cover. These incorrect instructions could 

cause difficulty or delay when opening the 

overwing emergency exit. 

As a result, the timely and safe evacuation 

of passenger and crew may be impeded. The 

required action includes replacing the 

incorrect placards with revised placards. 

Actions and Compliance 

(f) Unless already done, within 24 months 

after the effective date of this AD, replace the 

existing overwing emergency exit placards 

with new placards, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 601R–11–088, Revision ‘A,’ 

dated March 24, 2009. 

(g) Replacement of the overwing 

emergency exit placards with new placards 

accomplished before the effective date of this 

AD in accordance with Bombardier Service 

Bulletin 601R–11–088, dated June 25, 2008, 

is considered acceptable for compliance with 

the corresponding action specified in this 

AD. 


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27476 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules 

FAA AD Differences 

NOTE 1: 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, 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: Christopher 

Alfano, 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) 228–7340; 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. 

(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 

(i) Refer to MCAI Canadian Airworthiness 

Directive CF–2009–02, dated January 19, 

2009; and Bombardier Service Bulletin 601R– 

11–088, Revision ‘A,’ dated March 24, 2009; 

for related information. 

Issued in Renton, Washington, on June 2, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–13506 Filed 6–9–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0526; Directorate 

Identifier 2009–NM–029–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

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: 

Four aircraft have experienced a dual AC 

generator shutdown, caused by a broken 

propeller de-ice bus bar which shortcircuited with the backplate assembly. 

* * * A short circuit can cause a dual AC 

generator shutdown that, particularly in 

conjunction with an engine failure in icing 

conditions, could result in reduced 

controllability of the aircraft. 

* * * * * 

Reduced controllability of the airplane 

in certain operating conditions affects 

continued safe flight and landing. 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 10, 2009. 

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 

W12–140, 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 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; email thd.qseries@aero.bombardier.com; 

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, 

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–2009–0526; Directorate Identifier 

2009–NM–029–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–2009–01, 

dated January 19, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

Four aircraft have experienced a dual AC 

generator shutdown, caused by a broken 

propeller de-ice bus bar which shortcircuited with the backplate assembly. 

It was subsequently determined that any 

friction or contact between a propeller de-ice 

bus bar and the backplate assembly can cause 

an intermittent short circuit. Such a short 

circuit can cause a dual AC generator 

shutdown that, particularly in conjunction 

with an engine failure in icing conditions, 

could result in reduced controllability of the 

aircraft. 

This directive mandates revision of the 

Airplane Flight Manual (AFM) to introduce 

a procedure that restores AC power following 

a failure of No. 1 and No. 2 AC generators 

with propeller de-ice on. Additionally, in 


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