AD 2010-07-06

[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Rules and Regulations]
[Pages 16646-16648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2010-6785]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1214; Directorate Identifier 2009-NM-091-AD; 
Amendment 39-16251; AD 2010-07-06]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model BD-100-1A10 
(Challenger 300) Airplanes

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

ACTION: Final rule.

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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:

    There has been an incident during a production flight test where 
the proximity-sensor electronic unit (PSEU) failed. This resulted in 
unannunciated loss of:
    <bullet> Wheel brakes below 10 knots;
    <bullet> Thrust reverser;
    <bullet> Nose wheel steering; and
    <bullet> Auto-deployment of the multi-function spoilers.
    A similar condition, if not corrected, may result in reduced 
controllability of the aircraft upon landing and possible overrun of 
the runway.
* * * * *
    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective May 7, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 7, 2010.

[[Page 16647]]


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: 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 December 29, 2009 
(74 FR 68741). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    There has been an incident during a production flight test where 
the proximity-sensor electronic unit (PSEU) failed. This resulted in 
unannunciated loss of:
    <bullet> Wheel brakes below 10 knots;
    <bullet> Thrust reverser;
    <bullet> Nose wheel steering; and
    <bullet> Auto-deployment of the multi-function spoilers.
    A similar condition, if not corrected, may result in reduced 
controllability of the aircraft upon landing and possible overrun of 
the runway.
    The original issue of this [Canadian] directive mandated the 
introduction of non-normal procedures to the airplane flight manual 
(AFM) as an interim corrective action to address PSEU failures.
    Revision 1 of this directive amends the aircraft applicability 
and introduces a note providing terminating action, for use at 
operator discretion, if the aircraft has incorporated a PSEU with 
software version 12 in accordance with Bombardier Service Bulletin 
(SB) 100-32-12.

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.

Explanation of Change Made to This AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the change described 
previously. We determined that this change 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.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 162 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 $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $13,770, 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 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:

2010-07-06 Bombardier, Inc.: Amendment 39-16251. Docket No. FAA-
2009-1214; Directorate Identifier 2009-NM-091-AD.

[[Page 16648]]

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 7, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model BD-100-1A10 
(Challenger 300) airplanes, certificated in any category, serial 
numbers 20002 through 20153 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    There has been an incident during a production flight test where 
the proximity-sensor electronic unit (PSEU) failed. This resulted in 
unannunciated loss of:
    <bullet> Wheel brakes below 10 knots;
    <bullet> Thrust reverser;
    <bullet> Nose wheel steering; and
    <bullet> Auto-deployment of the multi-function spoilers.
    A similar condition, if not corrected, may result in reduced 
controllability of the aircraft upon landing and possible overrun of 
the runway.
    The original issue of this directive mandated the introduction 
of non-normal procedures to the airplane flight manual (AFM) as an 
interim corrective action to address PSEU failures.
    Revision 1 of this directive amends the aircraft applicability 
and introduces a note providing terminating action, for use at 
operator discretion, if the aircraft has incorporated a PSEU with 
software version 12 in accordance with Bombardier Service Bulletin 
(SB) 100-32-12.

Actions and Compliance

    (f) Unless already done, within 14 days after the effective date 
of this AD: Revise the Limitations Section of the Bombardier 
Challenger 300 AFM, CSP 100-1, to include the information in 
Bombardier Temporary Revision TR-39, dated March 2, 2005, as 
specified in the temporary revision. This temporary revision 
introduces a procedure for ``PROX SYS FAULT (A)'' and modifies the 
``WOW FAIL (C)'' and ``GEAR SYS FAIL (C)'' procedures.

    Note 1:  This may be done by inserting a copy of Bombardier 
Temporary Revision TR-39, dated March 2, 2005, in the AFM. When this 
temporary revision has been included in general revisions of the 
AFM, the general revisions may be inserted in the AFM, provided the 
relevant information in the general revision is identical to that in 
Bombardier Temporary Revision TR-39, dated March 2, 2005.


    Note 2:  If the aircraft has incorporated a PSEU, part number 
(P/N) 30227-0401, 30227-0402, or 30227-0403, with software version 
12, installed in accordance with Bombardier Service Bulletin 100-32-
12, dated June 4, 2007, it is permissible to follow the revised AFM 
procedures included in Bombardier Temporary Revision TR-46, dated 
March 27, 2008, in lieu of using Bombardier Temporary Revision TR-
39, dated March 2, 2005, specified in paragraph (f) of this AD.

FAA AD Differences

    Note 3:  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 (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 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 Transport Canada Civil Aviation Airworthiness 
Directive CF-2005-12R1, dated December 23, 2008; and Bombardier 
Temporary Revision TR-39, dated March 2, 2005; for related 
information.

Material Incorporated by Reference

    (i) You must use Bombardier Temporary Revision TR-39, dated 
March 2, 2005, to the Bombardier Challenger 300 Airplane Flight 
Manual, CSP 100-1, 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 <a href="/cdn-cgi/l/email-protection#1d697579337e6f775d7c786f72337f72707f7c6f7974786f337e7270"><span class="__cf_email__" data-cfemail="0e7a666a206d7c644e6f6b7c61206c61636c6f7c6a676b7c206d6163">[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.
    (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>.

    Issued in Renton, Washington, on March 19, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-6785 Filed 4-1-10; 8:45 am]
BILLING CODE 4910-13-P