AD Amdt-39-17211

[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Rules and Regulations]
[Pages 67559-67561]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-26890]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0335; Directorate Identifier 2011-NM-252-AD; 
Amendment 39-17211; AD 2011-21-07 R1]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are revising an existing airworthiness directive (AD) for 
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes; all Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) 
airplanes; all Model CL-600-2D15 (Regional Jet Series 705) airplanes; 
and all Model CL-600-2D24 (Regional Jet Series 900) airplanes. That AD 
currently requires replacing certain water accumulator assemblies 
having a certain part installed on the pitot and static lines of the 
air data computer (ADC). This new AD corrects an erroneous service 
document number and removes the other erroneously cited service 
document from that AD. This new AD was prompted by an error that was 
discovered in one service document number, and a determination that 
credit for accomplishing actions in another erroneously cited service 
document should be removed from that AD. We are issuing this AD to 
prevent pitot-static tubing from becoming partially or completely 
blocked by water, which could result in erroneous airspeed and altitude 
indications and consequent loss of control of the airplane.

DATES: This AD becomes effective December 18, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 23, 
2011 (76 FR 64801, October 19, 2011).

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: Cesar Gomez, Aerospace Engineer, 
Airframe & Mechanical Systems Branch, ANE-171, New York Aircraft 
Certification Office (ACO), FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone (516) 228-7318; 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 April 18, 2012 (77 
FR 23169), and proposed to revise AD 2011-21-07, Amendment 39-16830 (76 
FR 64801, October 19, 2011). That NPRM proposed to correct an unsafe 
condition for the specified products.
    Since we issued AD 2011-21-07, Amendment 39-16830 (76 FR 64801, 
October 19, 2011), an error was discovered in the document number 
specified in paragraph (i), ``Credit for Actions Accomplished in 
Accordance with Previous Service Information,'' of that AD. The 
citation in that paragraph should have read ``Bombardier Service 
Bulletin 601R-34-147, Revision A, dated November 3, 2009.'' 
Additionally, we have determined that ``Bombardier Service Bulletin 
670BA-34-147, dated April 1, 2009,'' was incorrectly included in AD 
2011-21-07 and should be removed from paragraph (i) of that AD.

Comments

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

Request for Credit for Previous Actions

    Air Wisconsin (AWI) requested that we revise the NPRM (77 FR 23169, 
April 18, 2012) to continue to give credit for previous actions for 
airplanes modified using Bombardier Service Bulletin 601R-34-147, dated 
April 1, 2009. AWI provided the following reasons for its request.
    <bullet> AWI stated that in the original issue of Bombardier 
Service Bulletin 601R-34-147, dated April 1, 2009, for airplane serial 
numbers (S/N) 7003 through 7890, this service information called for 
the use of a parts kit that was different from the parts kit used for 
airplane S/Ns 7891 and subsequent. AWI stated that it discovered, 
during the use of that service information, that there was no 
difference between the two groups of airplanes. AWI stated that 
airplane S/Ns 7891 and subsequent needed to use the same parts kit as 
airplane S/Ns 7003 through 7890, with the only difference being that 
the kit for airplane S/Ns 7891 and subsequent lacked two tee fittings, 
part number AS1033W040406, which were contained in the kits for 
airplane S/Ns 7003 through 7891. AWI stated that, as a result of its 
discovery,

[[Page 67560]]

Bombardier Service Bulletin 601R-34-147, dated April 1, 2009, was 
revised to Bombardier Service Bulletin 601R-34-147, Revision A, dated 
November 3, 2009, eliminating the reference to these two different 
groups of airplanes and correcting the materials kit to include the tee 
fittings.
    <bullet> AWI stated that Bombardier Service Bulletin 601R-34-147, 
Revision A, dated November 3, 2009, does nothing to change parts kits 
or instructions for airplane S/Ns 7003 through 7890, but only makes the 
correction for airplane S/Ns 7891 and subsequent.
    <bullet> AWI stated that airplane S/Ns 7891 and subsequent modified 
with the use of Bombardier Service Bulletin 601R-34-147, dated April 1, 
2009, that used the additional tee fittings are in compliance with 
Bombardier Service Bulletin 601R-34-147, Revision A, dated November 3, 
2009.
    <bullet> AWI stated that it has completed this modification on its 
fleet of 71 affected airplanes and that airplane S/Ns 7891 and 
subsequent used the necessary tee fittings called for in Bombardier 
Service Bulletin 601R-34-147, Revision A, dated November 3, 2009.
    <bullet> AWI stated that Bombardier Service Bulletin 601R-34-147, 
Revision A, dated November 3, 2009, clearly states on the transmittal, 
``The changes in this revision have no effect on aircraft that have 
incorporated a previous issue of the service bulletin.''
    We do not agree to provide credit for previous actions done using 
Bombardier Service Bulletin 601R-34-147, dated April 1, 2009. We issued 
the NPRM (77 FR 23169, April 18, 2012) due to an error that was 
discovered in AD 2011-21-07, Amendment 39-16830 (76 FR 64801, October 
19, 2011), in a service document number, and also due to a provision 
incorrectly giving credit for accomplishing previous actions in another 
erroneously cited service document. Credit for previous actions using 
Bombardier Service Bulletin 601R-34-147, dated April 1, 2009, is not 
appropriate because a modification kit requiring tee fittings was 
missing from that service information. In order to comply with the 
intent of the AD, Bombardier Service Bulletin 601R-34-147, Revision A, 
dated November 3, 2009, corrected the kit error, and hence, is mandated 
by this revised AD to correct the unsafe condition. Under the 
provisions of paragraph (j) of this AD, however, we will consider 
requests for approval of an alternative method of compliance (AMOC) if 
sufficient data are submitted to substantiate that a different method 
of compliance would provide an acceptable level of safety. We have not 
changed the AD in this regard.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed except for minor editorial changes. We have determined 
that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 23169, April 18, 2012) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 23169, April 18, 2012).

Costs of Compliance

    We estimate that this AD will affect about 1,041 products of U.S. 
registry. The new requirements of this AD add no additional economic 
burden. The current costs for this AD are repeated for the convenience 
of affected operators. The actions that are required by AD 2011-21-07, 
Amendment 39-16830 (76 FR 64801, October 19, 2011), and retained in 
this AD take about 2 work-hours per product, at an average labor rate 
of $85 per work-hour. Required parts cost about $1,200 per product. 
Based on these figures, the estimated cost of the currently required 
actions is $1,370 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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 (77 FR 23169, April 18, 
2012). 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

    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 removing Amendment 39-16830 (76 FR 
64801, October 19, 2011), and adding the following new AD:

2011-21-07 R1 Bombardier, Inc.: Amendment 39-17211. Docket No. FAA-
2012-0335; Directorate Identifier 2011-NM-252-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 18, 
2012.

[[Page 67561]]

(b) Affected ADs

    This AD revises AD 2011-21-07, Amendment 39-16830 (76 FR 64801, 
October 19, 2011).

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, serial numbers 7003 through 7067 
inclusive, 7069 through 7990 inclusive, 8000 through 8107 inclusive, 
and subsequent; all Model CL-600-2C10 (Regional Jet Series 700, 701, 
& 702) airplanes; all Model CL-600-2D15 (Regional Jet Series 705) 
airplanes; and all Model CL-600-2D24 (Regional Jet Series 900) 
airplanes; certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by reports of airspeed mismatch between the 
pilot and co-pilot's airspeed indicators. We are issuing this AD 
prevent pitot-static tubing from becoming partially or completely 
blocked by water, which could result in erroneous airspeed and 
altitude indications and consequent loss of control of the airplane.

(f) Compliance

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

(g) Retained Replacement

    This paragraph restates the requirements of paragraph (g) of AD 
2011-21-07, Amendment 39-16830 (76 FR 64801, October 19, 2011). 
Within 9 months after November 23, 2011 (the effective date of AD 
2011-21-07), do the actions specified in paragraphs (g)(1) and 
(g)(2) of this AD, as applicable.
    (1) For Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes identified in Bombardier Service Bulletin 601R-34-147, 
Revision B, dated March 8, 2011: Replace water accumulator 
assemblies having part numbers (P/N) 50029-001, 9435015, 50030-001, 
and 9435014 installed on the pitot and static lines of the air data 
computer (ADC) with new or serviceable water accumulator assemblies 
having P/N 50036-001, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-34-147, Revision B, 
dated March 8, 2011.
    (2) For Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), 
CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet 
Series 900) airplanes: Replace water accumulator assemblies having 
P/N 50033-001 installed on the pitot and static lines of the ADC 
with new or serviceable water accumulator assemblies having P/N 
50036-001, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-34-030, Revision B, dated March 
23, 2010.

(h) Parts Installation Prohibition

    As of November 23, 2011 (the effective date of AD 2011-21-07, 
Amendment 39-16830 (76 FR 64801, October 19, 2011)), no person may 
install on any airplane a water accumulator assembly, P/N 50029-001, 
9435015, 50030-001, or 9435014 for Model CL-600-2B19 (Regional Jet 
Series 100 & 440) airplanes; or P/N 50033-001 for Model CL-600-2C10 
(Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 
(Regional Jet Series 705) airplanes, and Model CL-600-2D24 (Regional 
Jet Series 900) airplanes; on the pitot and static lines of the ADC.

(i) Credit for Previous Actions

    This paragraph restates the provisions of paragraph (i) of AD 
2011-21-07, Amendment 39-16830 (76 FR 64801, October 19, 2011), with 
corrections.
    (1) This paragraph provides credit for the replacement required 
by paragraph (g)(1) of this AD, if the replacement was performed 
before November 23, 2011 (the effective date of AD 2011-21-07, 
Amendment 39-16830 (76 FR 64801, October 19, 2011)), using 
Bombardier Service Bulletin 601R-34-147, Revision A, dated November 
3, 2009 (for Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes).
    (2) This paragraph provides credit for the replacement required 
by paragraph (g)(2) of this AD, if the replacement was performed 
before November 23, 2011 (the effective date of AD 2011-21-07, 
Amendment 39-16830 (76 FR 64801, October 19, 2011)), using 
Bombardier Service Bulletin 670BA-34-030, dated April 1, 2009; or 
Revision A, dated November 3, 2009 (for Model CL-600-2C10 (Regional 
Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 (Regional 
Jet Series 705) airplanes, and Model CL-600-2D24 (Regional Jet 
Series 900) airplanes).

(j) Other FAA AD Provisions

    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. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the ACO, send it 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, 
notify your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding 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.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
November 23, 2011 (76 FR 64801, October 19, 2011).
    (i) Bombardier Service Bulletin 601R-34-147, Revision B, dated 
March 8, 2011.
    (ii) Bombardier Service Bulletin 670BA-34-030, Revision B, dated 
March 23, 2010.
    (4) For service information identified in this AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; phone: 514-855-5000; fax: 514-855-
7401; email: <a href="/cdn-cgi/l/email-protection#6a1e020e440918002a0b0f180544080507080b180e030f1844090507"><span class="__cf_email__" data-cfemail="f88c909cd69b8a92b8999d8a97d69a97959a998a9c919d8ad69b9795">[email&#160;protected]</span></a>; Internet: <a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (5) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (6) You may view this 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/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, WA, on September 28, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26890 Filed 11-9-12; 8:45 am]
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