[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Proposed Rules]
[Pages 69609-69611]
[FR Doc No: 2010-28604]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1113; Directorate Identifier 2010-NM-121-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    During flight-testing of a wing anti-ice piccolo tube containing
a deliberate small breach, it was determined that the wing leading
edge thermal switches Part Number (P/N) 601R59320-1 were not
detecting the consequent bleed leak at the design threshold. As a
result, Airworthiness Limitation (AWL) tasks, consisting of a
functional check of the wing leading edge thermal switches (P/N
601R59320-1) and an inspection of the wing anti-ice duct piccolo
tubes on aeroplanes with these switches installed, have been
introduced. These tasks will limit exposure to dormant failure of
the wing leading edge thermal switches in the event of piccolo tube
failure, which could potentially compromise the structural integrity
of the wing leading edge and the effectiveness of the wing anti-ice
system.
* * * * *

    The unsafe condition is loss of control of the airplane. The
proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 30,
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:<PHONE_NUMBER>.
     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 proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail;
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-1113;
Directorate Identifier 2010-NM-121-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2010-12, dated May 26, 2010 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

    During flight-testing of a wing anti-ice piccolo tube containing
a deliberate small breach, it was determined that the wing leading
edge thermal switches Part Number

(P/N) 601R59320-1 were not detecting the consequent bleed leak at
the design threshold. As a result, Airworthiness Limitation (AWL)
tasks, consisting of a functional check of the wing leading edge
thermal switches (P/N 601R59320-1) and an inspection of the wing
anti-ice duct piccolo tubes on aeroplanes with these switches
installed, have been introduced. These tasks will limit exposure to
dormant failure of the wing leading edge thermal switches in the
event of piccolo tube failure, which could potentially compromise
the structural integrity of the wing leading edge and the
effectiveness of the wing anti-ice system.
    This directive mandates revision of the approved maintenance
schedule to include the above referenced tasks, including phase-in
schedules that supersede the phase-in schedules specified in the AWL
tasks.

    Note: Thermal switches, P/N 601R59320-1, were installed in
production on aircraft Serial Numbers (S/N) 7213 and subsequent.
Service Bulletin 601R-30-022 covered in-service installation of
these switches on aircraft S/Ns 7003 through 7212.

    The unsafe condition is loss of control of the airplane. You may
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Temporary Revisions (TR) 2A-49 and TR 2A-50,
both dated November 17, 2009, to Appendix A, ``Certification
Maintenance Requirements,'' of Part 2, ``Airworthiness Limitations,''
of the Bombardier CL-600-2B19 Maintenance Requirements Manual. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 628 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $53,380, or $85 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2010-1113; Directorate Identifier
2010-NM-121-AD.

Comments Due Date

    (a) We must receive comments by December 30, 2010.

Affected ADs

    (b) None.

Applicability

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

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    During flight-testing of a wing anti-ice piccolo tube containing
a deliberate small breach, it was determined that the wing leading
edge thermal switches Part Number (P/N) 601R59320-1 were not
detecting the consequent bleed leak at the design threshold. As a
result, Airworthiness Limitation (AWL) tasks, consisting of a
functional check of the wing leading edge thermal switches (P/N
601R59320-1) and an inspection of the wing anti-ice duct piccolo
tubes on aeroplanes with these switches installed, have been
introduced. These tasks will limit exposure to dormant failure of
the wing leading edge thermal switches in the event of piccolo tube
failure, which could potentially compromise the structural integrity
of the wing leading edge and the effectiveness of the wing anti-ice
system.
* * * * *
    The unsafe condition is loss of control of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Within 30 days after the effective date of this AD, revise
the Airworthiness Limitations section (ALS) of the Instructions for
Continued Airworthiness (ICA) by incorporating Task Number C36-20-
133-03 specified in Bombardier Temporary Revision (TR) 2A-50, dated
November 17, 2009; and Task Number C30-10-133-01 specified in
Bombardier TR 2A-49, dated November 17, 2009; into Appendix A,
``Certification Maintenance Requirements,'' of Part 2 of the
Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM). For
these tasks, the initial compliance time starts at the applicable
time specified in paragraphs (g)(1) and (g)(2) of this AD.
Thereafter, except as provided by paragraph (h) of this AD, no
alternative functional check of the thermal switch or detailed
visual inspection of the piccolo tube may be approved.

    Note 1: The actions required by paragraph (g) of this AD may be
done by inserting a copy of Bombardier TR 2A-49 and TR 2A-50, both
dated November 17, 2009, into the Appendix A of Part 2 of the
Bombardier CL-600-2B19 MRM. When these TRs have been included in
Appendix A of Part 2 of the general revisions of the MRM, the
general revisions may be inserted in the MRM, provided that the
relevant information in the general revision is identical to that in
Bombardier TR 2A-49 and TR 2A-50, both dated November 17, 2009.

    (1) For Task Number C36-20-133-03, the initial compliance time
is before the accumulation of 15,000 total flight hours or within 7
months after the effective date of this AD, whichever occurs later.
    (2) For Task Number C30-10-133-01, the initial compliance time
is before the accumulation of 15,000 total flight hours on the
piccolo tube or within 7 months after the effective date of this AD,
whichever occurs later.

FAA AD Differences

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

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York, 11590; telephone 516-
228-7300; fax<PHONE_NUMBER>. 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

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2010-12,
dated May 26, 2010; and Bombardier TR 2A-49, dated November 17,
2009, and Bombardier TR 2A-50, dated November 17, 2009 to Appendix
A, ``Certification Maintenance Requirements,'' of Part 2 of the
Bombardier CL-600-2B19 MRM; for related information.

    Issued in Renton, Washington, on November 3, 2010.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-28604 Filed 11-12-10; 8:45 am]
BILLING CODE 4910-13-P