20 February 2009
[Federal Register: February 20, 2009 (Volume 74, Number 33)]
[Rules and Regulations]
[Page 7789-7792]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe09-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0130; Directorate Identifier 2008-NM-225-AD;
Amendment 39-15817; AD 2009-04-11]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 440) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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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:
The heating capability of several Angle Of Attack (AOA)
transducer heating elements removed from in-service aircraft have
been found to be below the minimum requirement. Also, it was
discovered that a large number of AOA transducers repaired in an
approved maintenance facility were not calibrated accurately.
Inaccurate calibration of the AOA transducer and/or degraded AOA
transducer heating elements can result in early or late activation
of the stall warning, stick shaker and stick pusher by the Stall
Protection Computer (SPC).
* * * * *
The unsafe condition is reduced controllability of the airplane.
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective March 9, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 9,
2009.
We must receive comments on this AD by March 23, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 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 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: Wing Chan, Aerospace Engineer, Systems
and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone (516) 228-7311; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Discussion
The Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2008-35, dated December 22, 2008 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
The heating capability of several Angle Of Attack (AOA)
transducer heating elements removed from in-service aircraft have
been found to be below the minimum requirement. Also, it was
discovered that a large number of AOA transducers repaired in an
approved maintenance facility were not calibrated accurately.
Inaccurate calibration of the AOA transducer and/or degraded AOA
transducer heating elements can result in early or late activation
of the stall warning, stick shaker and stick pusher by the Stall
Protection Computer (SPC).
This [Canadian] directive mandates a periodic inspection of the
inrush current to verify the AOA heating capability and replacement
of the inaccurately calibrated AOA transducers.
The unsafe condition is reduced controllability of the airplane. You
may obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
Bombardier has issued Service Bulletin 601R-27-153, Revision A,
dated December 16, 2008. 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
[[Page 7790]]
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 the
risk of having a degraded transducer is higher with units that have
more than 7,500 total flight hours accumulated. Degraded AOA
transducers can result in inaccurate activation of the stall warning,
stick shaker, or stick pusher, which could result in ineffective
response to aerodynamic stall. 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-2009-0130; Directorate
Identifier 2008-NM-225-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 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 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.
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:
2009-04-11 Bombardier, Inc. (Formerly Canadair): Amendment 39-15817.
Docket No. FAA-2009-0130; Directorate Identifier 2008-NM-225-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective March 9,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes, serial number 7003 and subsequent,
certificated in any category, that are equipped with Thales angle of
attack (AOA) transducers having part number 45150340 or C16258AA.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
controls.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
The heating capability of several Angle Of Attack (AOA)
transducer heating elements removed from in-service aircraft have
been found to be below the minimum requirement. Also, it was
discovered that a large number of AOA transducers repaired in an
approved maintenance facility were not calibrated accurately.
Inaccurate calibration of the AOA transducer and/or degraded AOA
transducer heating elements can result in early or late activation
of the stall warning, stick shaker and stick pusher by the Stall
Protection Computer (SPC).
This [Canadian] directive mandates a periodic inspection of the
inrush current to verify the AOA heating capability and replacement
of the inaccurately calibrated AOA transducers.
The unsafe condition is reduced controllability of the airplane.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) For airplanes equipped with a transducer having accumulated
more than 7,500 total flight hours as of the effective date of this
AD: Within 250 flight hours after the effective date of this AD,
measure the inrush current of both AOA transducers in accordance
with Part A of the Accomplishment Instructions of Bombardier Service
Bulletin 601R-27-153, Revision A, dated December 16, 2008.
(i) If both AOA transducers are found to have an inrush current
of 1.60 amps or more, repeat the measurement thereafter at intervals
not to exceed the applicable interval specified in Table 1 of this
AD. Do the measurement in accordance with Part A of the
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.
[[Page 7791]]
Table 1--Repetitive Measurement Intervals
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If the last inrush current measurement
of the serviceable AOA transducer is-- Then repeat the measurement--
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More than or equal to 1.90 amps........ Within 2,000 flight hours after
the last measurement.
More than or equal to 1.80 amps but Within 1,500 flight hours after
less than 1.90 amps. the last measurement.
More than or equal to 1.70 amps but Within 1,000 flight hours after
less than 1.80 amps. the last measurement.
More than or equal to 1.60 amps but Within 500 flight hours after
less than 1.70 amps. the last measurement.
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(ii) If one AOA transducer is found to have an inrush current
below 1.60 amps, and the other AOA transducer is found to have an
inrush current of 1.60 amps or more: Do the actions required by
paragraphs (f)(1)(ii)(A) and (f)(1)(ii)(B) of this AD.
(A) For the AOA transducer having an inrush current of 1.60 amps
or more: Repeat the measurement thereafter at intervals not to
exceed the applicable interval specified in Table 1 of this AD. Do
the measurement in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 601R-27-153, Revision A,
dated December 16, 2008.
(B) For the AOA transducer having an inrush current below 1.60
amps (``degraded'' transducer): Within 1,000 flight hours after the
effective date of this AD, replace that transducer in accordance
with Part C of the Accomplishment Instructions of Bombardier Service
Bulletin 601R-27-153, Revision A, dated December 16, 2008. At the
applicable time specified in Table 1 of this AD if the degraded
transducer was replaced with a serviceable transducer, or within
2,000 flight hours after replacement if the degraded transducer was
replaced with a new transducer, do the measurement for that
replacement transducer and repeat the measurements thereafter at
intervals not to exceed the applicable interval specified in Table 1
of this AD. Do the measurement in accordance with Part A of the
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.
(iii) If both AOA transducers are found to have an inrush
current below 1.60 amps, do the action specified in paragraph
(f)(1)(iii)(A) or (f)(1)(iii)(B) of this AD.
(A) Before further flight, replace one of the degraded AOA
transducers with a new or serviceable transducer; and replace the
other degraded transducer with a new or serviceable transducer
within 1,000 flight hours after the measurement required by
paragraph (f)(1) of this AD; in accordance with Part C of the
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008. At the applicable time
specified in Table 1 of this AD, if the degraded transducer was
replaced with a serviceable transducer; or within 2,000 flight hours
after replacement if the degraded transducer was replaced with a new
transducer: Do the measurement for that replacement transducer and
repeat the measurement thereafter at intervals not to exceed the
applicable interval specified in Table 1 of this AD. Do the
measurements in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 601R-27-153, Revision A,
dated December 16, 2008.
(B) Within 1,000 flight hours after the measurement required by
paragraph (f) of this AD, replace both degraded AOA transducers with
new or serviceable transducers in accordance with Part C of the
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008. Until the replacement is
done, dispatch with two degraded AOA transducers is allowed,
provided that the applicable Limitations section of the airplane
flight manual (AFM) is revised to include the following statement or
a copy of this AD is inserted into the applicable Limitations
section of the AFM.
``Dispatch is allowed if:
(a) Operations are not conducted in visible moisture (including
standing water and slush) in any form,
(b) Operations are not conducted in known or forecast icing
conditions,
(c) Both Ice Detection Systems are operative; and,
(d) Operations are conducted in day VMC conditions only.''
After the replacement has been accomplished, the statement or
the copy of this AD may be removed from the AFM. At the applicable
time specified in Table 1 of this AD, if the degraded transducer was
replaced with a serviceable transducer; or within 2,000 flight hours
after replacement with a new transducer: Do the measurement for that
replacement transducer and repeat the measurement thereafter at
intervals not to exceed the applicable interval specified in Table 1
of this AD. Do the measurement in accordance with Part A of
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008.
(2) If, during any repetitive measurement required by paragraphs
(f)(1)(i), (f)(1)(ii), and (f)(1)(iii) of this AD, any AOA
transducer is found to have an inrush current below 1.60 amps,
before further flight, replace that transducer in accordance with
Part C of the Accomplishment Instructions of Bombardier Service
Bulletin 601R-27-153, Revision A, dated December 16, 2008. At the
applicable time specified in Table 1 of this AD, if the degraded
transducer was replaced with a serviceable transducer; or within
2,000 flight hours after replacement if the degraded transducer was
replaced with a new transducer: Do the measurement for that
replacement transducer as specified in paragraph (f)(1)(ii)(B) of
this AD and repeat the measurement thereafter at intervals not to
exceed the applicable interval specified in Table 1 of this AD.
(3) Actions done before the effective date of this AD in
accordance with Bombardier Service Bulletin 601R-27-153, dated
October 17, 2008, are acceptable for compliance with the
corresponding requirements of paragraphs (f)(1) and (f)(2) of this
AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: This AD does not require the following actions specified
in the MCAI: the one-time inspection for serial numbers and on-
condition replacement in Paragraph 1. of the MCAI, and the initial
inspection compliance times for transducers with 7,500 or fewer
flight hours as of the effective date of this AD in Paragraph 2. 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: Wing Chan, Aerospace
Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone (516) 228-7311; fax (516) 794-
5531. Before using any approved AMOC on any airplane to which the
AMOC applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector, as appropriate, or lacking a principal
inspector, your local Flight Standards District Office.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI Canadian Airworthiness Directive CF-2008-35,
dated December 22, 2008; and Bombardier Service Bulletin 601R-27-
153, Revision A, dated December 16, 2008; for related information.
[[Page 7792]]
Material Incorporated by Reference
(i) You must use Bombardier Service Bulletin 601R-27-153,
Revision A, dated December 16, 2008, 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 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.
Issued in Renton, Washington, on February 5, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-3262 Filed 2-19-09; 8:45 am]
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