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2010-17-17 BOMBARDIER, INC.: Amendment 39-16411. Docket No. FAA-2010-0482; Directorate Identifier 2009-NM-225-AD.
EFFECTIVE DATE

(a) This  airworthiness  directive (AD)  becomes  effective  September 29,
    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 through 7990 inclusive, and 8000 and subsequent.

NOTE 1: This  AD  requires  revisions   to  certain  operator  maintenance
documents to include new inspections. Compliance with these inspections is
required by  14 CFR  91.403(c). For  airplanes that  have been  previously
modified,  altered,  or   repaired  in  the   areas  addressed  by   these
inspections, the operator  may not be  able to accomplish  the inspections
described  in the  revisions. In  this situation,  to comply  with 14  CFR
91.403(c), the operator must request approval for an alternative method of
compliance according to  paragraph (h)(1) of  this AD. The  request should
include a  description of  changes to  the required  inspections that will
ensure the continued operational safety of the airplane.

SUBJECT

(d) Air Transport Association (ATA) of America Code 27: Flight controls.

REASON

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

    There have been  several Stick Pusher  Capstan Shaft failures  causing
    severe degradation  of the  stick pusher  function. This  directive is
    issued  to revise  the first  flight of  the day  check  of  the stall
    protection system to detect degradation of the stick pusher  function.
    It also introduces a new repetitive maintenance task to limit exposure
    to dormant failure of the stick pusher capstan shaft.

    Dormant loss or severe degradation of the stick pusher function  could
    result in reduced controllability 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) Do the following actions.

(1) Within  30  days  after  the  effective  date  of  this AD, revise the
    Limitations  section  of  the Canadair  Regional  Jet  Airplane Flight
    Manual (AFM) CSP A-012 to include the information in Canadair Regional
    Jet  Temporary  Revision  (TR)  RJ/178-1,  dated  March  8,  2010;  as
    specified in  the TR.  The Canadair  Regional Jet  TR RJ/178-1,  dated
    March 8, 2010, introduces procedures for performing a stall protection
    system test.  Operate the  airplane according  to the  limitations and
    procedures in the  Canadair Regional Jet  TR RJ/178-1, dated  March 8,
    2010.

NOTE 2: This may be done by  inserting a copy of Canadair Regional Jet  TR
RJ/178-1, dated March 8,  2010, into the Canadair  Regional Jet AFM CSP  A
-012. When  this Canadair  Regional Jet  TR has  been included  in general
revisions of the Canadair Regional  Jet AFM, the general revisions  may be
inserted  in  the  Canadair  Regional  Jet  AFM,  provided  the   relevant
information in the general revision  is identical to that in  the Canadair
Regional Jet TR.

(2) Within 30 days after  the effective date of this AD,  revise  Appendix
    A--Certification Maintenance Requirements of Part 2 of the  Bombardier
    CL-600-2B19 Maintenance Requirements Manual (MRM) by incorporating the
    information in Bombardier TR 2A-43, dated May 7, 2008; as specified in
    Bombardier TR 2A-43. The initial compliance time for the new MRM  task
    identified  in  Bombardier TR  2A-43  is at  the  later of  the  times
    specified  in  paragraphs  (g)(2)(i)   and  (g)(2)(ii)  of  this   AD.
    Thereafter, except  as provided  by paragraph  (h)(1) of  this AD,  no
    alternative task intervals may be used. Bombardier TR 2A-43, dated May
    7, 2008,  introduces  procedures  for  a function  check of  the stick
    pusher capstan.

(i) Prior to the accumulation of 5,000 total flight hours.

(ii) Within 500 flight hours after the effective date of this AD.

NOTE 3: The actions required by paragraph (g)(2) of this AD may be done by
inserting a copy of Bombardier TR 2A-43, dated May 7, 2008, into  Appendix
A--Certification Maintenance Requirements of  Part 2 of the  Bombardier CL
-600-2B19  MRM.  When this  Bombardier  TR has  been  included in  general
revisions of the Bombardier CL-600-2B19 MRM, the Bombardier CL-600-2B19 TR
may be  removed from  the MRM,  provided the  relevant information  in the
general revision is identical to that in Bombardier CL-600-2B19 TR  2A-43,
dated May 7, 2008.

FAA AD DIFFERENCES

NOTE 4: 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  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.

(4) Special Flight Permits: We are not allowing special flight permits, as
    described in Section 21.197 and Section 21.199 of the Federal Aviation
    Regulations (14 CFR 21.197 and 21.199).

RELATED INFORMATION

(i) Refer  to  MCAI  Canadian  Airworthiness  Directive  CF-2009-36, dated
    September 2, 2009; Bombardier CL-600-2B19 TR 2A-43, dated May 7, 2008,
    to Appendix A--Certification Maintenance Requirements of Part 2 of the
    Bombardier CL-600-2B19  MRM; and  Canadair Regional  Jet TR  RJ/178-1,
    dated March 8, 2010, to the  Canadair Regional Jet AFM CSP A-012;  for
    related information.

MATERIAL INCORPORATED BY REFERENCE

(j) You  must  use Bombardier Temporary Revision (TR) 2A-43,  dated May 7,
    2008, to Appendix A--Certification Maintenance Requirements of Part  2
    of  the Bombardier  CL-600-2B19 Maintenance  Requirements Manual;  and
    Canadair  Regional  Jet  TR  RJ/178-1, dated  March  8,  2010,  to the
    Canadair Regional Jet Airplane Flight Manual CSP A-012; as applicable;
    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.

(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 August 12, 2010.  Ali Bahrami,  Manager,
Transport Airplane Directorate, Aircraft Certification Service.

FOR FURTHER INFORMATION CONTACT: Bruce Valentine, Avionics and Flight Test
Branch, ANE-172, FAA, New  York Aircraft Certification Office  (ACO), 1600
Stewart Avenue, Suite 410, Westbury, New York 11590;  telephone (516) 228-
7328; fax (516) 794-5531.
PREAMBLE 

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:

There have been several Stick Pusher Capstan Shaft failures causing severe degradation of the stick pusher function. This directive is issued to revise the first flight of the day check of the stall protection system to detect degradation of the stick pusher function. It also introduces a new repetitive maintenance task to limit exposure to dormant failure of the stick pusher capstan shaft.

Dormant loss or severe degradation of the stick pusher function could result in 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 September 29, 2010.
The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of September 29, 2010.

ADDRESSES: You may examine the AD docket on the Internet at http:// www.regulations.gov 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, Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification Office (ACO), 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 June 3, 2010 (75 FR 31324). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:

There have been several Stick Pusher Capstan Shaft failures causing severe degradation of the stick pusher function. This directive is issued to revise the first flight of the day check of the stall protection system to detect degradation of the stick pusher function. It also introduces a new repetitive maintenance task to limit exposure to dormant failure of the stick pusher capstan shaft.

Dormant loss or severe degradation of the stick pusher function could result in 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 considered the comment received. Air Line Pilots Association, International supports the NPRM.

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.

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.

Costs of Compliance

We estimate that this AD will affect 601 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 $51,085, 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 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 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

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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: