AD 2009-06-05

[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Rules and Regulations]
[Pages 12225-12228]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-5968]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules 
and Regulations

[[Page 12225]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1216; Directorate Identifier 2008-NM-111-AD; 
Amendment 39-15841; AD 2009-06-05]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-1A11 (CL-600), 
CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-
604) 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:

    [S]everal cases of wing anti-ice piccolo duct failure reported 
on CL-600-2B19 (CRJ) aircraft. Although there have been no failures 
reported on Challenger aircraft, similar ducts are installed on the 
above Challenger models.
* * * * *
    Cracking of the wing anti-ice piccolo ducts could result in air 
leakage, with an adverse effect on the anti-ice air distribution 
pattern and a possible unannunciated insufficient heat condition. * 
* *

    The unsafe condition is anti-ice system air leakage with a possible 
adverse effect on the anti-ice air distribution pattern and anti-ice 
capability without annunciation to the flightcrew, and consequent 
reduced controllability of the airplane. We are issuing this AD to 
require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective April 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 28, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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: Dan Parrillo, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7305; 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 November 17, 2008 
(73 FR 67820). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    There have been several cases of wing anti-ice piccolo duct 
failure reported on CL-600-2B19 (CRJ) aircraft. Although there have 
been no failures reported on Challenger aircraft, similar ducts are 
installed on the above Challenger models [Bombardier CL-600-1A11, 
CL-600-2A12, and CL-600-2B16 airplanes].
    Upon investigation, it has been determined that ducts 
manufactured since June 2000, and installed since 1 August 2000, are 
susceptible to cracking due to the process used to drill the holes 
in the ducts. These ducts were installed on CL-600-2B16 aircraft, 
serial numbers 5469 through 5635 in production, but may also have 
been installed as replacements on CL-600-1A11, CL-600-2A12 and other 
CL-600-2B16 aircraft.
    Cracking of the wing anti-ice piccolo ducts could result in air 
leakage, with an adverse effect on the anti-ice air distribution 
pattern and a possible unannunciated insufficient heat condition. As 
a result, the airplane flight manual (AFM) instructions have been 
revised to provide proper annunciation of an insufficient heat 
condition, utilizing existing messages and indications, with 
instructions, to the pilot, to leave icing conditions if sufficient 
heat cannot be achieved or maintained.
    This directive mandates the amendment of the AFM procedures, in 
addition to checking the part numbers and serial numbers of the 
installed wing anti-ice piccolo ducts and replacing them as 
necessary.

    The unsafe condition is anti-ice system air leakage with a possible 
adverse effect on the anti-ice air distribution pattern and anti-ice 
capability without annunciation to the flightcrew, and consequent 
reduced controllability of the airplane. 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 received no comments on the NPRM or on the determination of 
the cost to the public.

Change to Applicability

    Since we issued the NPRM, we discovered that we inadvertently 
designated duplicate models in paragraphs (c)(3) and (c)(4) of Table 1 
of the NPRM. Those paragraphs both specified Bombardier Model ``CL-600-
2B16 (CL-601-3A, CL-601-3R, & CL-604) airplanes.'' However, paragraph 
(c)(3) of the AD should have identified Bombardier Model ``CL-600-2B16 
(CL-601-3A & CL-601-3R) airplanes,'' and paragraph (c)(4) of the AD 
should have identified Model ``CL-600-2B16 (CL-604) airplanes.'' The 
serial numbers that appeared in paragraphs (c)(3) and (c)(4) of the 
NPRM were identified correctly in the NPRM and remain unchanged in this 
final rule. We have changed paragraphs (c)(3) and (c)(4) of this AD 
accordingly.

Conclusion

    We reviewed the available data 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

[[Page 12226]]

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 108 products of U.S. registry. 
We also estimate that it will take about 37 work-hours 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 $319,680, or $2,960 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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:

2009-06-05 Bombardier, Inc. (Formerly Canadair): Amendment 39-15841. 
Docket No. FAA-2008-1216; Directorate Identifier 2008-NM-111-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
28, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in Table 1, 
paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this AD, 
certificated in any category.

                 Table 1--Airplanes Affected by This AD
------------------------------------------------------------------------
        Bombardier model                        Serial Nos.
------------------------------------------------------------------------
(1) CL-600-1A11 (CL-600)          1004 through 1085 inclusive.
 airplanes.
(2) CL-600-2A12 (CL-601)          3001 through 3066 inclusive.
 airplanes.
(3) CL-600-2B16 (CL-601-3A & CL-  5001 through 5194 inclusive.
 601-3R) airplanes.
(4) CL-600-2B16 (CL-604)          5301 through 5635 inclusive.
 airplanes.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association (ATA) of America Code 30: Ice and 
Rain Protection.

Reason

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

    There have been several cases of wing anti-ice piccolo duct 
failure reported on CL-600-2B19 (CRJ) aircraft. Although there have 
been no failures reported on Challenger aircraft, similar ducts are 
installed on the above Challenger models.
    Upon investigation, it has been determined that ducts 
manufactured since June 2000, and installed since 1 August 2000, are 
susceptible to cracking due to the process used to drill the holes 
in the ducts. These ducts were installed on CL-600-2B16 aircraft, 
serial numbers 5469 through 5635 in production, but may also have 
been installed as replacements on CL-600-1A11, CL-600-2A12 and other 
CL-600-2B16 aircraft.
    Cracking of the wing anti-ice piccolo ducts could result in air 
leakage, with an adverse effect on the anti-ice air distribution 
pattern and a possible unannunciated insufficient heat condition. As 
a result, the airplane flight manual (AFM) instructions have been 
revised to provide proper annunciation of an insufficient heat 
condition, utilizing existing messages and indications, with 
instructions, to the pilot, to leave icing conditions if sufficient 
heat cannot be achieved or maintained.
    This directive mandates the amendment of the AFM procedures, in 
addition to checking the part numbers and serial numbers of the 
installed wing anti-ice piccolo ducts and replacing them as 
necessary.

The unsafe condition is anti-ice system air leakage with a possible 
adverse effect on the anti-ice air distribution pattern and anti-ice 
capability without annunciation to the flightcrew, and consequent 
reduced controllability of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes identified in paragraphs (c)(1), (c)(2), 
(c)(3), and (c)(4) of this AD: Within 30 days after the effective 
date of this AD, revise the Normal and Abnormal Procedures sections 
of the applicable

[[Page 12227]]

Canadair Challenger Airplane Flight Manual (AFM) by inserting a copy 
of the applicable temporary revision (TR) listed in Table 2 of this 
AD. When the information in the applicable TR is included in the 
general revisions of the AFM, the general revisions may be inserted 
in the AFM and the TR may be removed.

                      Table 2--Temporary Revisions
------------------------------------------------------------------------
         Canadair TR--               Dated--              To the--
------------------------------------------------------------------------
(i) 600/23....................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-1A11
                                                    AFM.
(ii) 600-1/19.................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-1A11
                                                    AFM (Winglets).
(iii) 601/14..................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-2A12
                                                    AFM, Product Support
                                                    Publication (PSP)
                                                    601-1B-1.
(iv) 601/15...................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-2A12
                                                    AFM, PSP 601-1A-1.
(v) 601/19....................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-2A12
                                                    AFM, PSP 601-1B.
(vi) 601/26...................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-2B16
                                                    AFM, PSP 601A-1.
(vii) 601/27..................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-2A12
                                                    AFM.
(viii) 601/27.................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-2B16
                                                    AFM, PSP 601A-1-1.
(ix) 604/20...................  April 17, 2006...  Canadair Challenger
                                                    Model CL-604 AFM,
                                                    PSP 604-1.
------------------------------------------------------------------------

    (2) For airplanes identified in paragraphs (c)(1), (c)(2) and 
(c)(3) of this AD, and for Model CL-600-2B16 (CL-604) airplanes, 
serial numbers 5301 through 5468 inclusive: Prior to the 
accumulation of 2,000 total flight hours, or within 60 months after 
the effective date of this AD, whichever occurs first, review the 
airplane maintenance records to determine if any anti-ice piccolo 
ducts or complete leading edge sections were replaced since August 
1, 2000.
    (3) For airplanes identified in paragraphs (c)(1), (c)(2) and 
(c)(3) of this AD, and for Model CL-600-2B16 (CL-604) airplanes, 
serial numbers 5301 through 5468 inclusive: If, during the action 
required by paragraph (f)(2) of this AD, it is determined that any 
anti-ice piccolo duct has been replaced since August 1, 2000, before 
further flight do a visual inspection to determine if any affected 
serial number is installed as identified in paragraph 2.C. of the 
applicable service bulletin identified in Table 3 of this AD. A 
review of airplane maintenance records is acceptable in lieu of this 
inspection if the serial number of the duct can be conclusively 
determined from that review. If any affected serial number is 
installed, before further flight replace the piccolo duct with a 
serviceable piccolo duct that does not have a serial number 
identified in paragraph 2.C. of the applicable service bulletin 
identified in Table 3 of this AD. Do all actions in accordance with 
the Accomplishment Instructions of the applicable service bulletin 
listed in Table 3 of this AD.

                                           Table 3--Service Bulletins
----------------------------------------------------------------------------------------------------------------
                                     Bombardier Service
              Model--                    Bulletin--          Revision level--                 Date--
----------------------------------------------------------------------------------------------------------------
(i) CL-600-1A11 (CL-600) airplanes              600-0734  Original.............  November 30, 2006.
(ii) CL-600-2A12 (CL-601)                       601-0585  Original.............  November 30, 2006.
 airplanes.
(iii) CL-600-2B16 (CL-601-3A, CL-               601-0585  Original.............  November 30, 2006.
 601-3R) airplanes.
(iv) CL-600-2B16 (CL-604)                     604-30-003  01...................  January 21, 2008.
 airplanes.
----------------------------------------------------------------------------------------------------------------

    (4) For Model CL-600-2B16 (CL-604) airplanes, serial numbers 
5469 through 5635 inclusive: Prior to the accumulation of 2,000 
total flight hours, or within 60 months after the effective date of 
this AD, whichever occurs first, do a visual inspection of the anti-
ice piccolo ducts to determine if any affected serial number 
identified in paragraph 2.C. of the Bombardier Service Bulletin 604-
30-003, Revision 01, dated January 21, 2008, is installed. If any 
affected serial number is installed, before further flight replace 
the piccolo duct with a serviceable piccolo duct that does not have 
a serial number identified in paragraph 2.C. of Bombardier Service 
Bulletin 604-30-003, Revision 01, dated January 21, 2008. Do all 
actions in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 604-30-003, Revision 01, dated January 
21, 2008.
    (5) As of the effective date of this AD, no person may install 
on any airplane an anti-ice piccolo duct with a serial number 
identified in paragraph 2.C. of the applicable service bulletin 
identified in Table 3 of this AD.
    (6) Actions done before the effective date of this AD in 
accordance with Bombardier Service Bulletin 604-30-003, dated 
November 30, 2006, are acceptable for compliance with the 
corresponding actions in this AD.

FAA AD Differences

    Note 1: 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, 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: Dan Parrillo, Aerospace 
Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York 
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone (516) 228-7305; fax (516) 794-
5531. Before using any approved AMOC on any airplane to which the 
AMOC applies, notify your appropriate principal maintenance 
inspector (PMI) or principal avionics inspector (PAI), as 
appropriate, or lacking a principal inspector, your local Flight 
Standards District Office.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2008-18, 
dated May 9, 2008, and the service information identified in Table 2 
and Table 3 of this AD, for related information.

Material Incorporated by Reference

    (i) You must use the service information contained in Tables 4 
and 5 of this AD to do the actions required by this AD, as 
applicable, unless the AD specifies otherwise.

[[Page 12228]]

    (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 <a href="/cdn-cgi/l/email-protection#aedac6ca80cddcc4eecfcbdcc180ccc1c3cccfdccac7cbdc80cdc1c3"><span class="__cf_email__" data-cfemail="7a0e121e541908103a1b1f081554181517181b081e131f0854191517">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

                              Table 4--Service Bulletins Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
      Bombardier Service Bulletin--                 Revision--                           Dated--
----------------------------------------------------------------------------------------------------------------
600-0734.................................  Original....................  November 30, 2006.
601-0585.................................  Original....................  November 30, 2006.
604-30-003...............................  01..........................  January 21, 2008.
----------------------------------------------------------------------------------------------------------------


         Table 5--Temporary Revisions Incorporated by Reference
------------------------------------------------------------------------
         Canadair TR--               Dated--              To the--
------------------------------------------------------------------------
600/23........................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-1A11
                                                    AFM.
600-1/19......................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-1A11
                                                    AFM (Winglets).
601/14........................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-2A12
                                                    AFM, PSP 601-1B-1.
601/15........................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-2A12
                                                    AFM, PSP 601-1A-1.
601/19........................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-2A12
                                                    AFM, PSP 601-1B.
601/26........................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-2B16
                                                    AFM, PSP 601A-1.
601/27........................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-2A12
                                                    AFM.
601/27........................  August 16, 2006..  Canadair Challenger
                                                    Model CL-600-2B16
                                                    AFM, PSP 601A-1-1.
604/20........................  April 17, 2006...  Canadair Challenger
                                                    Model CL-604 AFM,
                                                    PSP 604-1.
------------------------------------------------------------------------


    Issued in Renton, Washington, on February 27, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-5968 Filed 3-23-09; 8:45 am]
BILLING CODE 4910-13-P