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, 22646-22649 [E9-11139]
Download as PDF
<![CDATA[
22646
Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations
card issuer has established pursuant to
§ 681.1 of this part.
(d) Alternative timing of address
validation. A card issuer may satisfy the
requirements of paragraph (c) of this
section if it validates an address
pursuant to the methods in paragraph
(c)(1) or (c)(2) of this section when it
receives an address change notification,
before it receives a request for an
additional or replacement card.
(e) Form of notice. Any written or
electronic notice that the card issuer
provides under this paragraph must be
clear and conspicuous and provided
separately from its regular
correspondence with the cardholder.
§ 681.3
■
Authority: 15 U.S.C. 1681e, 1681g, 1681j,
1681m, 1681s, and 1681s–3; sections 211(d)
and 214(b), Public Law 108–159, 117
Stat.1952.
By the Office of the Comptroller of the
Currency.
Julie L. Williams,
First Senior Deputy Comptroller and Chief
Counsel.
33. The authority citation for part 698
continues to read as follows:
34. Appendix C to Part 698 is
amended by:
■ a. Redesignating Model Form C–5 as
Model Form C–6; and
■ b. Adding new paragraph B.10 and
new Model Form C–5 to read as follows:
■
Appendix C to Part 698—Model Forms
for Opt-Out Notices
[Removed]
31. Remove § 681.3.
*
Appendix A to Part 681 [Amended]
32. Appendix A to Part 681 is
amended by:
■ a. Revising the introduction;
■ b. Removing in sections VI(a)(2) and
VI(b)(1) the term ‘‘§ 681.2,’’ and adding
in its place the term ‘‘§ 681.1’’;
■ c. Removing, in Supplement A to
Appendix A, in paragraph 3, the term
‘‘§ 681.1(b)’’ and adding in its place the
term ‘‘§ 641.1(b)’’;
■ d. Removing, in Supplement A to
Appendix A, in paragraph 15, the
phrase ‘‘account number’’ and adding in
its place the word ‘‘address’’;
■ e. Removing, in Supplement A to
Appendix A, in paragraph 15, the
phrase ‘‘other customers’’ and adding in
its place the phrase ‘‘by other
customers’’; and
■ f. Removing, in Supplement A to
Appendix A, in paragraph 20, the
phrase ‘‘patterns of fraud patterns’’ and
adding in its place the phrase ‘‘patterns
of fraud’’.
The revision reads as follows:
■
Appendix A to Part 681—Interagency
Guidelines on Identity Theft Detection,
Prevention, and Mitigation
jlentini on PROD1PC65 with RULES
■
By order of the Board of Governors of the
Federal Reserve System, April 27, 2009.
Jennifer J. Johnson,
Secretary of the Board.
PART 698—MODEL FORMS AND
DISCLOSURES
*
*
*
*
B. * * *
10. Adding disclosures regarding the
treatment of opt-outs by joint consumers to
comply with § 680.23(a)(2) of part 680.
*
*
*
*
*
C–5—Model Form for Voluntary ‘‘No
Marketing’’ Notice
Your Choice To Stop Marketing
• [Name of Affiliate] is providing this notice.
• You may choose to stop all marketing from
us and our affiliates.
• [Your choice to stop marketing from us and
our affiliates will apply until you tell us to
change your choice.]
To stop all marketing, contact us [include all
that apply]:
• By telephone: 1–877–###–####
• On the Web: www.—.com
• By mail: Check the box and complete the
form below, and send the form to:
[Company name]
[Company address]
lDo not market to me.
*
*
*
*
*
Appendix C to Part 698 [Amended]
35. Effective January 1, 2010, newly
redesignated Model Form C–6 is
removed.
■
*
*
VerDate Nov<24>2008
*
Jkt 217001
PO 00000
By order of the National Credit Union
Administration Board.
Mary F. Rupp,
Secretary of the Board.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E9–10009 Filed 5–13–09; 8:45 am]
BILLING CODE 4810–33–P, 6210–01–P, 6714–01–P,
6720–01–P, 7535–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0448; Directorate
Identifier 2009–NM–052–AD; Amendment
39–15906; AD 2009–10–10]
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), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
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
*
18:53 May 13, 2009
By the Office of Thrift Supervision,
John E. Bowman,
Acting Director.
SUMMARY: We are adopting a new
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:
Section 681.1 of this part requires each
financial institution and creditor that offers
or maintains one or more covered accounts,
as defined in § 681.1(b)(3) of this part, to
develop and provide for the continued
administration of a written Program to detect,
prevent, and mitigate identity theft in
connection with the opening of a covered
account or any existing covered account.
These guidelines are intended to assist
financial institutions and creditors in the
formulation and maintenance of a Program
that satisfies the requirements of § 681.1 of
this part.
*
By order of the Board of Directors, Federal
Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
Frm 00008
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14MYR1
Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations
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 AD requires actions that are
intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective May
29, 2009.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of May 29, 2009.
We must receive comments on this
AD by June 15, 2009.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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.
jlentini on PROD1PC65 with RULES
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 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:
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
The Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian
Airworthiness Directive CF–2009–08,
dated March 9, 2009 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
VerDate Nov<24>2008
18:53 May 13, 2009
Jkt 217001
condition for the specified products.
The 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 or
altitude limitation functions is replacing
the valve with a new or serviceable
valve. You may obtain further
information by examining the MCAI in
the AD docket.
Relevant Service Information
Bombardier has issued Alert Service
Bulletin A670BA–21–022, dated August
3, 2006. Bombardier has also issued
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.
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 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 issuing this
AD because we evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Differences Between the 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.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
22647
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 FAA policies.
Any such differences are highlighted in
a NOTE within the AD.
FAA’s Determination of the Effective
Date
An unsafe condition exists that
requires the immediate adoption of this
AD. The FAA has found that the risk to
the flying public justifies waiving notice
and comment prior to adoption of this
rule because of possible latent failure of
several CPC backup/safety functions,
including OFV manual control, altitude
limitation, emergency depressurization,
and smoke clearance, which could
result in altitude limitation, emergency
depressurization, and smoke clearance
issues. Therefore, we determined that
notice and opportunity for public
comment before issuing this AD are
impracticable and that good cause exists
for making this amendment effective in
fewer than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not precede it by notice and
opportunity for public comment. We
invite you to send any written relevant
data, views, or arguments about this AD.
Send your comments to an address
listed under the ADDRESSES section.
Include ‘‘Docket No. FAA–2009–0448;
Directorate Identifier 2009–NM–052–
AD’’ at the beginning of your comments.
We specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this AD. We will consider all comments
received by the closing date and may
amend this AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this AD.
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.
E:\FR\FM\14MYR1.SGM
14MYR1
22648
Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations
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.
Effective Date
(a) This airworthiness directive (AD)
becomes effective May 29, 2009.
Regulatory Findings
Subject
(d) Air Transport Association (ATA) of
America Code 21: Air Conditioning.
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 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 adding
the following new AD:
jlentini on PROD1PC65 with RULES
■
2009–10–10 Bombardier Inc. (Formerly
Canadair): Amendment 39–15906.
Docket No. FAA–2009–0448; Directorate
Identifier 2009–NM–052–AD.
VerDate Nov<24>2008
18:53 May 13, 2009
Jkt 217001
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier Model
CL–600–2C10 (Regional Jet Series 700, 701,
& 702) airplanes, certificated in any category,
serial numbers 10003 through 10260
inclusive; Model CL–600–2D15 (Regional Jet
Series 705) airplanes and Model CL–600–
2D24 (Regional Jet Series 900) airplanes,
certificated in any category, serial numbers
15001 through 15095 inclusive.
Reason
(e) The mandatory continued 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.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 450 flight hours after the
effective date of this AD, 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)(i) and (f)(1)(ii) of this AD.
Repeat the inspection thereafter at intervals
not to exceed 450 flight hours.
Accomplishing the actions specified in
paragraph (f)(3) of this AD terminates the
requirements of this paragraph.
(i) Make sure that the electrical connectors,
MPE23P1 and MPE23P2, are connected to the
OFV.
(ii) Repeat the inspection of the OFV for
proper operation of the manual mode motor
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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)(1) of this AD.
(2) Prior to accomplishing paragraph (f)(3)
of this AD: Install modified CPC units, Part
Number GG670–98002–7, in accordance with
Part B of the Accomplishment Instructions of
Bombardier Alert Service Bulletin A670BA–
21–022, dated August 3, 2006.
(3) Installing modified CPCPs, Part Number
GG670–98001–11, in accordance with Part C
of the Accomplishment Instructions of
Bombardier Alert Service Bulletin A670BA–
21–022, dated August 3, 2006, terminates the
requirements of paragraph (f)(1) of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows:
(1) 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)(i) and (f)(1)(ii) of this AD,
which includes replacing the valve if the
OFV manual mode motor or altitude
limitation functions do not operate properly.
(2) This AD does not require the software
update of the CPC units specified in Part 2
of the MCAI, and the software update of the
CPCP specified in Part 3 of the MCAI. The
planned compliance times for those actions
would allow enough time to provide notice
and opportunity for prior public comment on
the merits of those actions. Therefore, we are
considering further rulemaking to address
this issue.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), 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: Fabio
Buttitta, Aerospace Engineer, Airframe and
Mechanical Systems Branch, ANE–171, FAA,
New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone
(516) 228–7303; 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
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14MYR1
Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations
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
(h) Refer to MCAI Canadian Airworthiness
Directive CF–2009–08, dated March 9, 2009;
Bombardier Alert Service Bulletin A670BA–
21–022, dated August 3, 2006; and 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; for related information.
Material Incorporated by Reference
(i) You must use Bombardier Alert Service
Bulletin A670BA–21–022, dated August 3,
2006; Task 21–32–01–000–801 of the
Bombardier CRJ Regional Jet Series Aircraft
Maintenance Manual, CSP B–001, Part 2,
Volume 1, Revision 28, dated January 20,
2009; and Task 21–32–01–400–801, of the
22649
Bombardier CRJ Regional Jet Series Aircraft
Maintenance Manual, CSP B–001, Part 2,
Volume 1, Revision 28, dated January 20,
2009; as applicable; to do the actions
required by this AD, unless the AD specifies
otherwise. The optional terminating actions,
if done, must be done in accordance with
Bombardier Alert Service Bulletin A670BA–
21–022, dated August 3, 2006. Bombardier
CRJ Regional Jet Series Aircraft Maintenance
Manual, CSP B–001, Part 2, Volume 1,
Revision 28, dated January 20, 2009, contains
the following effective pages:
LIST OF EFFECTIVE PAGES
Page title/description
Page number(s)
Revision number
Title Page ...............................................................................
List of Chapters ......................................................................
Chapter 21 List of Effective Pages ........................................
Task 21–32–01–000–801 ......................................................
Task 21–32–01–400–801 ......................................................
None shown ...................
1–2 ..................................
1–39 ................................
401–403 ..........................
408–411 ..........................
28 ....................................
28 ....................................
None shown* ..................
None shown* ..................
None shown* ..................
Date shown on page(s)
January 20, 2009.
January 20, 2009.
January 20, 2009.
July 20, 2008.
July 20, 2008.
(* The revision level is specified only on the title page and List of Chapters pages of this document.)
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
ˆ
this AD, contact Bombardier, Inc., 400 Cote´
Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; telephone 514–855–5000; fax 514–
855–7401; e-mail
thd.crj@aero.bombardier.com; Internet
https://www.bombardier.com.
(3) 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 or 425–227–1152.
(4) 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: https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
Issued in Renton, Washington, on May 6,
2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–11139 Filed 5–13–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 63, 65, 91, 120, 121,
135
[Docket No. FAA–2008–0937; Amendment
Nos. 61–122, 63–37, 65–53, 91–307, 120–
0, 121–343, 135–117]
RIN 2120–AJ37
Drug and Alcohol Testing Program
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: This action amends the FAA’s
drug and alcohol regulations to place
them in a new part. The FAA is not
making any substantive changes to the
drug and alcohol regulations in this
rulemaking.
DATES:
Effective Date: July 13, 2009.
FOR FURTHER INFORMATION CONTACT:
Rafael Ramos, Office of Aerospace
Medicine, Drug Abatement Division,
AAM–800, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone (202) 267–8442; facsimile
(202) 267–5200; e-mail
drugabatement@faa.gov.
Background
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with RULES
Authority for Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of United States Code. Subtitle
I, section 106, describes the authority of
the FAA Administrator. Subtitle VII,
VerDate Nov<24>2008
18:53 May 13, 2009
Jkt 217001
PO 00000
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Sfmt 4700
Aviation Programs, describes in more
detail the scope of the FAA’s authority.
These rules were originally
promulgated under the authority
described in Subtitle VII, Part A Chapter
451—Alcohol and Controlled
Substances Testing. Under section
45102, the FAA is charged with
prescribing regulations for air carriers
and foreign air carriers to establish and
to conduct preemployment, reasonable
suspicion, random, and post-accident
drug and alcohol testing. Some of these
rules, for example those dealing with
contract air traffic controllers, were
promulgated under the FAA’s general
rulemaking authority in 49 U.S.C.
44701(a)(5).
This rule is intended to reorganize the
requirements for drug and alcohol
testing into a single part. It also clarifies
the rules by, for example, replacing
references to appendices I and J with
references to part 120. It is expected that
this rule will simplify locating specific
provisions and changes to those
provisions for individuals and entities
required to comply with the FAA’s drug
and alcohol testing requirements. For
this reason, the changes are within the
scope of our authority and are a
reasonable and necessary exercise of our
statutory obligations.
The regulations governing FAArequired drug and alcohol testing
requirements currently are scattered
throughout Chapter I of Title 14, Code
of Federal Regulations. Requirements
for affected certificated airmen are
located in parts 61, 63, 65, and 67.
E:\FR\FM\14MYR1.SGM
14MYR1
]]>Agencies
[Federal Register Volume 74, Number 92 (Thursday, May 14, 2009)]
[Rules and Regulations]
[Pages 22646-22649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11139]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0448; Directorate Identifier 2009-NM-052-AD;
Amendment 39-15906; AD 2009-10-10]
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), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new 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
[[Page 22647]]
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 AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective May 29, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 29, 2009.
We must receive comments on this AD by June 15, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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 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: 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
The Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-08, dated March 9, 2009 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The 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 or
altitude limitation functions is replacing the valve with a new or
serviceable valve. You may obtain further information by examining the
MCAI in the AD docket.
Relevant Service Information
Bombardier has issued Alert Service Bulletin A670BA-21-022, dated
August 3, 2006. Bombardier has also issued 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. 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 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between the 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 FAA policies. Any such differences are
highlighted in a NOTE within the AD.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because of
possible latent failure of several CPC backup/safety functions,
including OFV manual control, altitude limitation, emergency
depressurization, and smoke clearance, which could result in altitude
limitation, emergency depressurization, and smoke clearance issues.
Therefore, we determined that notice and opportunity for public comment
before issuing this AD are impracticable and that good cause exists for
making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-0448; Directorate
Identifier 2009-NM-052-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
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.
[[Page 22648]]
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.
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 adding the following new AD:
2009-10-10 Bombardier Inc. (Formerly Canadair): Amendment 39-15906.
Docket No. FAA-2009-0448; Directorate Identifier 2009-NM-052-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 29,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier Model CL-600-2C10 (Regional
Jet Series 700, 701, & 702) airplanes, certificated in any category,
serial numbers 10003 through 10260 inclusive; Model CL-600-2D15
(Regional Jet Series 705) airplanes and Model 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 continued 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.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 450 flight hours after the effective date of this AD,
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)(i) and (f)(1)(ii) of this AD. Repeat the
inspection thereafter at intervals not to exceed 450 flight hours.
Accomplishing the actions specified in paragraph (f)(3) of this AD
terminates the requirements of this paragraph.
(i) Make sure that the electrical connectors, MPE23P1 and
MPE23P2, are connected to the OFV.
(ii) 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)(1)
of this AD.
(2) Prior to accomplishing paragraph (f)(3) of this AD: Install
modified CPC units, Part Number GG670-98002-7, in accordance with
Part B of the Accomplishment Instructions of Bombardier Alert
Service Bulletin A670BA-21-022, dated August 3, 2006.
(3) Installing modified CPCPs, Part Number GG670-98001-11, in
accordance with Part C of the Accomplishment Instructions of
Bombardier Alert Service Bulletin A670BA-21-022, dated August 3,
2006, terminates the requirements of paragraph (f)(1) of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows:
(1) 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)(i) and
(f)(1)(ii) of this AD, which includes replacing the valve if the OFV
manual mode motor or altitude limitation functions do not operate
properly.
(2) This AD does not require the software update of the CPC
units specified in Part 2 of the MCAI, and the software update of
the CPCP specified in Part 3 of the MCAI. The planned compliance
times for those actions would allow enough time to provide notice
and opportunity for prior public comment on the merits of those
actions. Therefore, we are considering further rulemaking to address
this issue.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), 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: Fabio Buttitta, Aerospace
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New
York ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone (516) 228-7303; 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
[[Page 22649]]
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
(h) Refer to MCAI Canadian Airworthiness Directive CF-2009-08,
dated March 9, 2009; Bombardier Alert Service Bulletin A670BA-21-
022, dated August 3, 2006; and 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; for related information.
Material Incorporated by Reference
(i) You must use Bombardier Alert Service Bulletin A670BA-21-
022, dated August 3, 2006; Task 21-32-01-000-801 of the Bombardier
CRJ Regional Jet Series Aircraft Maintenance Manual, CSP B-001, Part
2, Volume 1, Revision 28, dated January 20, 2009; and Task 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; as applicable; to do the actions required by this
AD, unless the AD specifies otherwise. The optional terminating
actions, if done, must be done in accordance with Bombardier Alert
Service Bulletin A670BA-21-022, dated August 3, 2006. Bombardier CRJ
Regional Jet Series Aircraft Maintenance Manual, CSP B-001, Part 2,
Volume 1, Revision 28, dated January 20, 2009, contains the
following effective pages:
List of Effective Pages
----------------------------------------------------------------------------------------------------------------
Page title/description Page number(s) Revision number Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
Title Page........................... None shown............. 28..................... January 20, 2009.
List of Chapters..................... 1-2.................... 28..................... January 20, 2009.
Chapter 21 List of Effective Pages... 1-39................... None shown*............ January 20, 2009.
Task 21-32-01-000-801................ 401-403................ None shown*............ July 20, 2008.
Task 21-32-01-400-801................ 408-411................ None shown*............ July 20, 2008.
----------------------------------------------------------------------------------------------------------------
(* The revision level is specified only on the title page and List of Chapters pages of this document.)
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) 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 thd.crj@aero.bombardier.com; Internet https://www.bombardier.com.
(3) 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 or 425-227-1152.
(4) 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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on May 6, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-11139 Filed 5-13-09; 8:45 am]
BILLING CODE 4910-13-P
