Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional Jet Series 700 & 701) Airplanes and CL-600-2D24 (Regional Jet Series 900) Airplanes, 63592-63595 [E9-28551]

Download as PDF 63592 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations inches of the repair(s) for cracking. Repeat the inspection thereafter at intervals not to exceed 3,000 flight cycles. If any crack is found during this inspection, before further flight, repair using a method approved in accordance with the procedures specified in paragraph (j) of this AD. jlentini on DSKJ8SOYB1PROD with RULES Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, Seattle 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: Nick Kusz, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6449; fax (425) 917–6590. Or, e-mail information to 9-ANM-Seattle-ACOAMOC-Requests@faa.gov. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. 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, in the FAA Flight Standards District Office (FSDO), or lacking a principal inspector, your local FSDO. The AMOC approval letter must specifically reference this AD. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Material Incorporated by Reference (k) You must use Boeing Alert Service Bulletin 747–53A2751, dated October 9, 2008, as applicable, to do the actions required by this AD, unless the AD specifies otherwise. (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 Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207; telephone 206– 544–9990; fax 206–766–5682; e-mail DDCS@boeing.com; Internet https:// www.myboeingfleet.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: http://www.archives.gov/federal_register/ VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on November 19, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–28552 Filed 12–3–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0436; Directorate Identifier 2009–NM–005–AD; Amendment 39–16114; AD 2009–24–20] RIN 2120–AA64 Airworthiness Directives; Bombardier Model CL–600–2C10 (Regional Jet Series 700 & 701) Airplanes and CL– 600–2D24 (Regional Jet Series 900) Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. 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: SUMMARY: Frost, snow, slush or ice on the wing leading edges and upper wing surfaces may change the stall speeds, stall characteristics and the protection provided by the stall protection system, which could result in reduced controllability of the aircraft. * * * * * We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective January 8, 2010. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 8, 2010. 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: Bruce Valentine, Aerospace Engineer, PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 Avionics and Flight Test Branch, ANE–172, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228–7328; 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 May 12, 2009 (74 FR 22123). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Frost, snow, slush or ice on the wing leading edges and upper wing surfaces may change the stall speeds, stall characteristics and the protection provided by the stall protection system, which could result in reduced controllability of the aircraft. Transport Canada has * * * approved temporary revisions to the Aircraft Flight Manuals (AFM), which emphasize the cold weather operational requirements to ensure that the wing leading edges and upper wing surfaces are free from frost, snow, slush or ice. The corrective action is revising the AFMs to introduce procedures for cold weather operations. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received. Request To Include Updated Temporary Revisions (TRs) Two commenters, Comair and Michael Donahue, request that we revise paragraph (f) of the NPRM to require inclusion of the updated TRs in the applicable AFM. The commenters both state that the TRs identified in the NPRM have been updated. Comair states that Bombardier (Canadair) TR RJ 900/48–3, dated August 19, 2008, to the Bombardier (Canadair) Regional Jet Series 900 AFM, CSP C–012, was superseded by Bombardier (Canadair) TR RJ 900/75, dated November 20, 2008; which was superseded by Bombardier (Canadair) TR RJ 900/75–1, dated November 20, 2008; which was superseded by Bombardier (Canadair) TR RJ 900/75–2, dated April 22, 2009. Comair states that Bombardier (Canadair) TR RJ 900/75–2 needs to be inserted in the Bombardier (Canadair) Regional Jet Series 900 AFM, CSP C–012. Comair also states that Bombardier (Canadair) TR RJ 700/87–3, dated E:\FR\FM\04DER1.SGM 04DER1 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations August 19, 2008 (which was superseded by Bombardier (Canadair) TR RJ 700/ 107, dated November 20, 2008), to the Bombardier (Canadair) Regional Jet Series 700 and 701 AFM, CSP B–012, was superseded by Bombardier (Canadair) TR RJ 700/107–1, dated November 20, 2008; which needs to be inserted in the Bombardier (Canadair) Regional Jet Series 700 and 701 AFM, CSP B–012. We agree that the latest TRs need to be included in the final rule. The new TRs introduce a new ozone converter option code and revise the applicability of the ozone concentration limitation. The new TRs do not add any new requirements. Paragraph (f) of this AD has been updated accordingly. Updated Contact Information We have updated paragraph (g)(1) of this AD to provide the appropriate contact information to use when submitting requests for approval of an alternative method of compliance (AMOC). 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. jlentini on DSKJ8SOYB1PROD with RULES Costs of Compliance We estimate that this AD will affect 336 products of U.S. registry. We also estimate that it will take about 1 workhour per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $26,880, or $80 per product. VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 63593 Authority for This Rulemaking List of Subjects in 14 CFR Part 39 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. Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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. PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 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: ■ 2009–24–20 Bombardier, Inc. (Formerly Canadair): Amendment 39–16114. Docket No. FAA–2009–0436; Directorate Identifier 2009–NM–005–AD. Effective Date (a) This airworthiness directive (AD) becomes effective January 8, 2010. Affected ADs (b) None. Applicability (c) This AD applies to all Bombardier Model CL–600–2C10 (Regional Jet Series 700 and 701) airplanes and CL–600–2D24 (Regional Jet Series 900) airplanes, certificated in any category. Subject (d) Air Transport Association (ATA) of America Code 57: Wings. Reason (e) The mandatory continuing airworthiness information (MCAI) states: Frost, snow, slush or ice on the wing leading edges and upper wing surfaces may change the stall speeds, stall characteristics and the protection provided by the stall protection system, which could result in reduced controllability of the aircraft. Transport Canada has * * * approved temporary revisions to the Aircraft Flight Manuals (AFM), which emphasize the cold weather operational requirements to ensure that the wing leading edges and upper wing surfaces are free from frost, snow, slush or ice. The corrective action is revising the AFMs to introduce procedures for cold weather operations. Actions and Compliance (f) Unless already done, within 14 days after the effective date of this AD, revise the Limitations—Operating Limitations section of the Bombardier (Canadair) Regional Jet Series 900 Airplane Flight Manual (AFM), CSP C–012; and the Bombardier (Canadair) Regional Jet Series 700 and 701 AFM, CSP B–012; to include the information in the E:\FR\FM\04DER1.SGM 04DER1 63594 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations Bombardier (Canadair) temporary revisions identified in Table 1 and Table 2 of this AD, as applicable. For Model CL–600–2D24 (Regional Jet Series 900) airplanes, include the information in any one of the TRs in Table 1 of this AD; for Model CL–600–2C10 (Regional Jet Series 700 and 701) airplanes, include the information in any one of the TRs in Table 2 of this AD. These TRs introduce procedures for cold weather operations to ensure that the wing leading edges and upper wing surfaces are free from frost, snow, slush, and ice. Operate the airplane according to the limitations and procedures in the applicable TRs. Note 1: This may be done by inserting a copy of the applicable TR into the applicable AFM. When the TR has been included in general revision of the applicable AFM, the general revision may be inserted into the AFM, provided the relevant information in the general revision is identical to the applicable AFM. TABLE 2—TEMPORARY REVISIONS FOR BOMBARDIER (CANADAIR) REGIONAL JET SERIES 700 AND 701 AFM, CSP B–012—Continued Bombardier (Canadair) TR— Dated— RJ 700/107 ................. RJ 700/107–1 ............. November 20, 2008. November 20, 2008. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: No differences. 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, ANE–170, FAA, has the authority to approve AMOCs for this AD, if TABLE 1—TEMPORARY REVISIONS FOR requested using the procedures found in 14 BOMBARDIER (CANADAIR) REGIONAL CFR 39.19. Send information to ATTN: JET SERIES 900 AFM, CSP C–012 Program Manager, Continuing Operational Safety, 1600 Stewart Avenue, Suite 41, Westbury, New York 11590; telephone (516) Bombardier (Canadair) Dated— 228–7300; fax (516) 794–5531. Before using TR— any approved AMOC on any airplane to which the AMOC applies, notify your RJ 900/48–3 ............... August 19, 2008. RJ 900/75 ................... November 20, 2008. principal maintenance inspector (PMI) or RJ 900/75–1 ............... November 20, 2008. principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, RJ 900/75–2 ............... April 22, 2009. your local Flight Standards District Office. The AMOC approval letter must specifically TABLE 2—TEMPORARY REVISIONS FOR reference this AD. BOMBARDIER (CANADAIR) REGIONAL in (2) Airworthy Product: For any requirement this AD to obtain corrective actions from JET SERIES 700 AND 701 AFM, a manufacturer or other source, use these CSP B–012 actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority Bombardier (Canadair) Dated— TR— (or their delegated agent). You are required to assure the product is airworthy before it RJ 700/87–3 ............... August 19, 2008. 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 (h) Refer to MCAI Canadian Airworthiness Directive CF–2005–02 dated February 2, 2005; and the Bombardier (Canadair) TRs identified in Tables 1 and 2 of this AD; for related information. Material Incorporated by Reference (i) You must use the applicable service information contained in Table 3 of this AD to do the actions required by this AD, unless the AD specifies otherwise. (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 http:// 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: http://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. TABLE 3—MATERIAL INCORPORATED BY REFERENCE Dated— To the— RJ 700/87–3 .................... August 19, 2008 .......... RJ RJ RJ RJ RJ RJ jlentini on DSKJ8SOYB1PROD with RULES Bombardier (Canadair) temporary revision— November 20, 2008 ..... November 20, 2008 ..... August 19, 2008 .......... November 20, 2008 ..... November 20, 2008 ..... April 22, 2009 .............. Bombardier (Canadair) Regional Jet Series 700 and 701 Aircraft Flight Manual (AFM), CSP B–012. Bombardier (Canadair) Regional Jet Series 700 and 701 AFM, CSP B–012. Bombardier (Canadair) Regional Jet Series 700 and 701 AFM, CSP B–012. Bombardier (Canadair) Regional Jet Series 900 AFM, CSP C–012. Bombardier (Canadair) Regional Jet Series 900 AFM, CSP C–012. Bombardier (Canadair) Regional Jet Series 900 AFM, CSP C–012. Bombardier (Canadair) Regional Jet Series 900 AFM, CSP C–012. 700/107 ...................... 700/107–1 .................. 900/48–3 .................... 900/75 ........................ 900/75–1 .................... 900/75–2 .................... VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations Issued in Renton, Washington, on November 19, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–28551 Filed 12–3–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–1106; Directorate Identifier 2009–NM–171–AD; Amendment 39–16122; AD 2008–09–24 R1] RIN 2120–AA64 Airworthiness Directives; Bombardier Model DHC–8–400, DHC–8–401, and DHC–8–402 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. We are adopting a new airworthiness directive (AD) for the products listed above that would revise an existing AD. 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: SUMMARY: jlentini on DSKJ8SOYB1PROD with RULES Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank safety standards introduced in Chapter 525 of the Airworthiness Manual through Notice of Proposed Amendment (NPA) 2002–043. The identified non-compliances were then assessed using Transport Canada Policy Letter No. 525–001, to determine if mandatory corrective action is required. The assessment showed that it is necessary to introduce Critical Design Configuration Control Limitations (CDCCL), in order to preserve critical fuel tank system ignition source prevention features during configuration changes such as modifications and repairs, or during maintenance actions. Failure to preserve critical fuel tank system ignition source prevention features could result in a fuel tank explosion. * * * This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective December 21, 2009. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of December 21, 2009. On June 6, 2008 (73 FR 24143, May 2, 2008), the Director of the Federal VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 Register approved the incorporation by reference of certain other publications listed in the AD. We must receive comments on this AD by January 19, 2010. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey, Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Bombardier, Inc., 400 ˆ ´ Cote-Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; telephone 514–855– 5000; fax 514–855–7401; e-mail thd.qseries@aero.bombardier.com; Internet http://www.bombardier.com. 63595 ALI–56, dated April 19, 2006; to Part 2, ‘‘Airworthiness Limitations Items,’’ of the Bombardier Dash 8 Q400 Maintenance Requirements Manual (MRM) PSM 1–84–7. Critical design configuration control limitations (CDCCLs) are limitation requirements to preserve a critical ignition source prevention feature of the fuel tank system design that is necessary to prevent the occurrence of an unsafe condition. The purpose of a CDCCL is to provide instruction to retain the critical ignition source prevention feature during configuration change that may be caused by alterations, repairs, or maintenance actions. A CDCCL is not a periodic inspection. Since we issued that AD, we have determined that it is necessary to clarify the AD’s intended effect on spare and on-airplane fuel tank system components, regarding the use of maintenance manuals and instructions for continued airworthiness. Section 91.403(c) of the Federal Aviation Regulations (14 CFR 91.403(c)) specifies the following: 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 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: Richard Fiesel, 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– 7304; fax (516) 794–5531. SUPPLEMENTARY INFORMATION: No person may operate an aircraft for which a manufacturer’s maintenance manual or instructions for continued airworthiness has been issued that contains an airworthiness limitation section unless the mandatory * * * procedures * * * have been complied with. Some operators have questioned whether existing components affected by the new CDCCLs must be reworked. We did not intend for the AD to retroactively require rework of components that had been maintained using acceptable methods before the effective date of the AD. Owners and operators of the affected airplanes therefore are not required to rework affected components identified as airworthy or installed on the affected airplanes before the required revisions of the ALS. But once the CDCCLs are incorporated into the ALS, future maintenance actions on components must be done in accordance with those CDCCLs. Discussion On April 24, 2008, we issued AD 2008–09–24, Amendment 39–15505 (73 FR 24143, May 2, 2008). That AD applied to all Bombardier Model DHC– 8–400, DHC–8–401, and DHC–8–402 airplanes. That AD required revising the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness to incorporate the CDCCLs specified in Dash 8 Q400 (Bombardier) Temporary Revisions (TRs) ALI–55, dated April 19, 2006; and PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 Relevant Service Information AD 2008–09–24 cites Dash 8 Q400 (Bombardier) Temporary Revision (TR) ALI–55, dated April 19, 2006; and TR ALI–56, dated April 19, 2006; to Part 2, ‘‘Airworthiness Limitations Items,’’ of the Bombardier Dash 8 Q400 Maintenance Requirements Manual PSM 1–84–7. Since we issued that AD, Bombardier has revised the referenced service information. We have reviewed Dash 8 Q400 (Bombardier) TR ALI–76, dated January 24, 2008, to Part 2, ‘‘Airworthiness Limitations Items,’’ of the Bombardier Dash 8 Q400 MRM PSM E:\FR\FM\04DER1.SGM 04DER1

Agencies

[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63592-63595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28551]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0436; Directorate Identifier 2009-NM-005-AD; 
Amendment 39-16114; AD 2009-24-20]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700 & 701) Airplanes and CL-600-2D24 (Regional Jet Series 
900) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

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:

    Frost, snow, slush or ice on the wing leading edges and upper 
wing surfaces may change the stall speeds, stall characteristics and 
the protection provided by the stall protection system, which could 
result in reduced controllability of the aircraft.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective January 8, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 8, 
2010.

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: Bruce Valentine, Aerospace Engineer, 
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7328; 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 May 12, 2009 (74 FR 
22123). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Frost, snow, slush or ice on the wing leading edges and upper 
wing surfaces may change the stall speeds, stall characteristics and 
the protection provided by the stall protection system, which could 
result in reduced controllability of the aircraft.
    Transport Canada has * * * approved temporary revisions to the 
Aircraft Flight Manuals (AFM), which emphasize the cold weather 
operational requirements to ensure that the wing leading edges and 
upper wing surfaces are free from frost, snow, slush or ice.

The corrective action is revising the AFMs to introduce procedures for 
cold weather operations. You may obtain further information by 
examining the MCAI in the AD docket.

Comments

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

Request To Include Updated Temporary Revisions (TRs)

    Two commenters, Comair and Michael Donahue, request that we revise 
paragraph (f) of the NPRM to require inclusion of the updated TRs in 
the applicable AFM. The commenters both state that the TRs identified 
in the NPRM have been updated.
    Comair states that Bombardier (Canadair) TR RJ 900/48-3, dated 
August 19, 2008, to the Bombardier (Canadair) Regional Jet Series 900 
AFM, CSP C-012, was superseded by Bombardier (Canadair) TR RJ 900/75, 
dated November 20, 2008; which was superseded by Bombardier (Canadair) 
TR RJ 900/75-1, dated November 20, 2008; which was superseded by 
Bombardier (Canadair) TR RJ 900/75-2, dated April 22, 2009. Comair 
states that Bombardier (Canadair) TR RJ 900/75-2 needs to be inserted 
in the Bombardier (Canadair) Regional Jet Series 900 AFM, CSP C-012.
    Comair also states that Bombardier (Canadair) TR RJ 700/87-3, dated

[[Page 63593]]

August 19, 2008 (which was superseded by Bombardier (Canadair) TR RJ 
700/107, dated November 20, 2008), to the Bombardier (Canadair) 
Regional Jet Series 700 and 701 AFM, CSP B-012, was superseded by 
Bombardier (Canadair) TR RJ 700/107-1, dated November 20, 2008; which 
needs to be inserted in the Bombardier (Canadair) Regional Jet Series 
700 and 701 AFM, CSP B-012.
    We agree that the latest TRs need to be included in the final rule. 
The new TRs introduce a new ozone converter option code and revise the 
applicability of the ozone concentration limitation. The new TRs do not 
add any new requirements. Paragraph (f) of this AD has been updated 
accordingly.

Updated Contact Information

    We have updated paragraph (g)(1) of this AD to provide the 
appropriate contact information to use when submitting requests for 
approval of an alternative method of compliance (AMOC).

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.

Costs of Compliance

    We estimate that this AD will affect 336 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $26,880, or $80 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 adding the following new AD:

2009-24-20 Bombardier, Inc. (Formerly Canadair): Amendment 39-16114. 
Docket No. FAA-2009-0436; Directorate Identifier 2009-NM-005-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
8, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model CL-600-2C10 
(Regional Jet Series 700 and 701) airplanes and CL-600-2D24 
(Regional Jet Series 900) airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

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

    Frost, snow, slush or ice on the wing leading edges and upper 
wing surfaces may change the stall speeds, stall characteristics and 
the protection provided by the stall protection system, which could 
result in reduced controllability of the aircraft.
    Transport Canada has * * * approved temporary revisions to the 
Aircraft Flight Manuals (AFM), which emphasize the cold weather 
operational requirements to ensure that the wing leading edges and 
upper wing surfaces are free from frost, snow, slush or ice.

The corrective action is revising the AFMs to introduce procedures 
for cold weather operations.

Actions and Compliance

    (f) Unless already done, within 14 days after the effective date 
of this AD, revise the Limitations--Operating Limitations section of 
the Bombardier (Canadair) Regional Jet Series 900 Airplane Flight 
Manual (AFM), CSP C-012; and the Bombardier (Canadair) Regional Jet 
Series 700 and 701 AFM, CSP B-012; to include the information in the

[[Page 63594]]

Bombardier (Canadair) temporary revisions identified in Table 1 and 
Table 2 of this AD, as applicable. For Model CL-600-2D24 (Regional 
Jet Series 900) airplanes, include the information in any one of the 
TRs in Table 1 of this AD; for Model CL-600-2C10 (Regional Jet 
Series 700 and 701) airplanes, include the information in any one of 
the TRs in Table 2 of this AD. These TRs introduce procedures for 
cold weather operations to ensure that the wing leading edges and 
upper wing surfaces are free from frost, snow, slush, and ice. 
Operate the airplane according to the limitations and procedures in 
the applicable TRs.

    Note 1:  This may be done by inserting a copy of the applicable 
TR into the applicable AFM. When the TR has been included in general 
revision of the applicable AFM, the general revision may be inserted 
into the AFM, provided the relevant information in the general 
revision is identical to the applicable AFM.


   Table 1--Temporary Revisions for Bombardier (Canadair) Regional Jet
                        Series 900 AFM, CSP C-012
------------------------------------------------------------------------
        Bombardier (Canadair) TR--                     Dated--
------------------------------------------------------------------------
RJ 900/48-3...............................  August 19, 2008.
RJ 900/75.................................  November 20, 2008.
RJ 900/75-1...............................  November 20, 2008.
RJ 900/75-2...............................  April 22, 2009.
------------------------------------------------------------------------


   Table 2--Temporary Revisions for Bombardier (Canadair) Regional Jet
                    Series 700 and 701 AFM, CSP B-012
------------------------------------------------------------------------
        Bombardier (Canadair) TR--                     Dated--
------------------------------------------------------------------------
RJ 700/87-3...............................  August 19, 2008.
RJ 700/107................................  November 20, 2008.
RJ 700/107-1..............................  November 20, 2008.
------------------------------------------------------------------------

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows: No differences.

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, 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, 1600 Stewart Avenue, Suite 41, 
Westbury, New York 11590; telephone (516) 228-7300; fax (516) 794-
5531. Before using any approved AMOC on any airplane to which the 
AMOC applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2005-02 
dated February 2, 2005; and the Bombardier (Canadair) TRs identified 
in Tables 1 and 2 of this AD; for related information.

Material Incorporated by Reference

    (i) You must use the applicable service information contained in 
Table 3 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.
    (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 http://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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

               Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
     Bombardier (Canadair)
     temporary revision--            Dated--              To the--
------------------------------------------------------------------------
RJ 700/87-3...................  August 19, 2008..  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    700 and 701 Aircraft
                                                    Flight Manual (AFM),
                                                    CSP B-012.
RJ 700/107....................  November 20, 2008  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    700 and 701 AFM, CSP
                                                    B-012.
RJ 700/107-1..................  November 20, 2008  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    700 and 701 AFM, CSP
                                                    B-012.
RJ 900/48-3...................  August 19, 2008..  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    900 AFM, CSP C-012.
RJ 900/75.....................  November 20, 2008  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    900 AFM, CSP C-012.
RJ 900/75-1...................  November 20, 2008  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    900 AFM, CSP C-012.
RJ 900/75-2...................  April 22, 2009...  Bombardier (Canadair)
                                                    Regional Jet Series
                                                    900 AFM, CSP C-012.
------------------------------------------------------------------------



[[Page 63595]]

    Issued in Renton, Washington, on November 19, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28551 Filed 12-3-09; 8:45 am]
BILLING CODE 4910-13-P