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2010-18-08 BOMBARDIER, INC: Amendment 39-16421. Docket No. FAA-2009-1110; Directorate Identifier 2009-NM-116-AD.
EFFECTIVE DATE

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

AFFECTED ADS

(b) This AD supersedes AD 2009-10-10, Amendment 39-15906.

APPLICABILITY

(c) This  AD  applies  to Bombardier, Inc. Model CL-600-2C10 (Regional Jet
    Series  700,  701, &  702)  airplanes, certificated  in  any category,
    serial numbers  10003 through  10260 inclusive;  and Model CL-600-2D15
    (Regional Jet Series  705) and CL-600-2D24  (Regional Jet Series  900)
    airplanes, certificated in any category, serial numbers 15001  through
    15095 inclusive.

SUBJECT

(d) Air Transport Association (ATA) of America Code 21: Air Conditioning.

REASON

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

    During testing, it  was discovered that  when the outflow  valve (OFV)
    manual mode  connector is  not connected,  the manual  mode motor  and
    altitude  limitation   are  not   properly  tested.   Consequently,  a
    disconnect of  the OFV  manual mode  and/or a  related wiring  failure
    could  potentially result  in a  dormant loss  of  several  CPC [cabin
    pressure  control]  backup/safety  functions,  including  OFV   manual
    control,  altitude  limitation, emergency  depressurization  and smoke
    clearance. This  deficiency is  applicable to  CPC units,  Part Number
    (P/N) GG670-98002-3 and -5,  and CPCP [cabin pressure  control panel],
    Part Number GG670-98001-5, -7 and -9.

    This [Canadian] directive mandates an interim repetitive check of  the
    OFV manual mode motor  and altitude limitation functions,  followed by
    modification (software update) of the CPC units and the CPCP.

    The corrective action for findings  of improper OFV manual mode  motor
    and altitude limitation functions is replacing the valve with a new or
    serviceable valve.

RESTATEMENT OF REQUIREMENTS OF AD 2009-10-10

ACTIONS AND COMPLIANCE

(f) Unless already done, do the following actions. Within 450 flight hours
    after May 29, 2009 (the effective date of AD 2009-10-10), inspect  the
    OFV  for  proper  operation  of the  manual  mode  motor  and altitude
    limitation functions, in accordance with Part A of the  Accomplishment
    Instructions of Bombardier Alert Service Bulletin A670BA-21-022, dated
    August 3, 2006 ("the service bulletin").  If the OFV manual mode motor
    or  altitude  limitation  functions do  not  operate  properly, before
    further  flight, do  the actions  specified in  paragraphs (f)(1)  and
    (f)(2) of this AD. Repeat  the inspection thereafter at intervals  not
    to exceed  450 flight  hours. Accomplishing  the actions  specified in
    paragraph  (g)  of  this  AD  terminates  the  requirements  of   this
    paragraph.

(1) Make  sure  that  the  electrical connectors, MPE23P1 and MPE23P2, are
    connected to the OFV.

(2) Repeat  the  inspection  of the OFV for proper operation of the manual
    mode motor and altitude limitation functions, in accordance with  Part
    A of the service  bulletin. If the OFV  manual mode motor or  altitude
    limitation functions do not  operate properly, before further  flight,
    replace the  OFV with  a new  or serviceable  valve in accordance with
    Tasks  21-32-01-000-801  and 21-32-01-400-801  of  the Bombardier  CRJ
    Regional Jet Series  Aircraft Maintenance Manual,  CSP B-001, Part  2,
    Volume 1, Revision 28, dated  January 20, 2009, and do  the inspection
    of the OFV specified in paragraph (f) of this AD.

NEW REQUIREMENTS OF THIS AD

ACTIONS AND COMPLIANCE

(g) Unless already done, do the following actions.

(1) Prior  to  accomplishing  the actions specified in paragraph (g)(2) of
    this AD:  Install modified  or new  CPC  units,  P/N GG670-98002-7, in
    accordance  with  Part  B   of  the  Accomplishment  Instructions   of
    Bombardier Alert Service Bulletin A670BA-21-022, dated August 3, 2006.

(2) Within 4,500 flight hours after the effective date of this AD: Install
    modified or new CPCPs, P/N  GG670-98001-11, in accordance with Part  C
    of  the  Accomplishment  Instructions  of  Bombardier  Alert   Service
    Bulletin  A670BA-21-022,  dated  August  3,  2006.  Doing  the actions
    required by paragraph (g)(2) of this AD terminates the requirements of
    paragraph (f) of this AD.

(h) Installing CPC units, P/N GG670-98002-9, in accordance with Bombardier
    Service Bulletin 670BA-21-030, dated December 22, 2009, is  acceptable
    for compliance with the corresponding requirements of paragraph (g)(1)
    of this AD.

(i) Actions  done  before  May 29, 2009,  in  accordance  with  a Liebherr
    service bulletin identified in Table 1 of this AD, are acceptable  for
    compliance with the corresponding requirements of paragraph (g)(1)  or
    (g)(2) of this AD.

                     TABLE 1--LIEBHERR SERVICE BULLETINS
    ______________________________________________________________________
    LIEBHERR SERVICE BULLETIN -         REVISION -          DATED -
    ______________________________________________________________________
        GG670-98001-21-03               Original        March 21, 2006
        GG670-98001-21-03                  1            November 15, 2007
        GG670-98002-21-02               Original        April 21, 2006
        GG670-98002-21-02                  1            November 15, 2007
    ______________________________________________________________________

FAA AD DIFFERENCES

NOTE 1: This  AD differs  from  the  MCAI  and/or  service information  as
follows: The MCAI  and  Bombardier  Alert  Service Bulletin A670BA-21-022,
dated August 3, 2006, do  not describe corrective actions for  findings of
improper OFV manual mode motor and altitude limitation functions. This  AD
requires the  actions in  paragraphs (f)(1)  and (f)(2)  of this AD, which
include  replacing the  valve if  the OFV  manual mode  motor or  altitude
limitation functions do not operate properly.

OTHER FAA AD PROVISIONS

(j) 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. AMOCs
    approved previously in accordance  with AD 2009-10-10 are  approved as
    AMOCs for the corresponding provisions of 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

(k) Refer to MCAI Canadian  Airworthiness  Directive  CF-2009-08R1,  dated
    April 13, 2010; and the  service information identified in Table  2 of
    this AD; for related information.

                    TABLE 2--RELATED SERVICE INFORMATION
    ______________________________________________________________________
    BOMBARDIER SERVICE INFORMATION      REVISION LEVEL        DATE
    ______________________________________________________________________
    Bombardier Alert Service Bulletin      Original       August 3, 2006
    A670BA-21-022

    Bombardier Service Bulletin            Original      December 22, 2009
    670BA-21-030

    Task 21-32-01-000-801 of the             28          January 20, 2009
    Bombardier CRJ Regional Jet
    Series Aircraft Maintenance
    Manual, CSP B-001, Part 2,
    Volume 1

    Task 21-32-01-400-801, of the            28          January 20, 2009
    Bombardier CRJ Regional Jet
    Series Aircraft Maintenance
    Manual, CSP B-001, Part 2,
    Volume 1
    ______________________________________________________________________

MATERIAL INCORPORATED BY REFERENCE

(l) You must use the  applicable service information identified in Table 3
    of this  AD, to  do the  actions required  by this  AD, unless  the AD
    specifies otherwise. If accomplished, you must use Bombardier  Service
    Bulletin 670BA-21-030,  dated December  22, 2009,  to do  the optional
    actions specified by this AD, unless the AD specifies otherwise.

             TABLE 3--REQUIRED MATERIAL INCORPORATED BY REFERENCE
    ______________________________________________________________________
    BOMBARDIER SERVICE INFORMATION      REVISION LEVEL        DATE
    ______________________________________________________________________
    Bombardier Alert Service Bulletin      Original       August 3, 2006
    A670BA-21-022

    Task 21-32-01-000-801 of the             28          January 20, 2009
    Bombardier CRJ Regional Jet
    Series Aircraft Maintenance
    Manual, CSP B-001, Part 2,
    Volume 1

    Task 21-32-01-400-801, of the            28          January 20, 2009
    Bombardier CRJ Regional Jet
    Series Aircraft Maintenance
    Manual, CSP B-001, Part 2,
    Volume 1
    ______________________________________________________________________

(1) The Director of the Federal Register  approved  the  incorporation  by
    reference of Bombardier Service Bulletin 670BA-21-030, dated  December
    22, 2009, under 5 U.S.C. 552(a) and 1 CFR part 51.

(2) The  Director  of  the  Federal  Register  previously   approved   the
    incorporation by  reference of  the service  information contained  in
    Table 4 of this AD on May 29, 2009 (74 FR 22646, May 14, 2009).

            TABLE 4--MATERIAL PREVIOUSLY INCORPORATED BY REFERENCE
    ______________________________________________________________________
    BOMBARDIER SERVICE INFORMATION      REVISION LEVEL        DATE
    ______________________________________________________________________
    Bombardier Alert Service Bulletin      Original       August 3, 2006
    A670BA-21-022

    Task 21-32-01-000-801 of the             28          January 20, 2009
    Bombardier CRJ Regional Jet
    Series Aircraft Maintenance
    Manual, CSP B-001, Part 2,
    Volume 1

    Task 21-32-01-400-801, of the            28          January 20, 2009
    Bombardier CRJ Regional Jet
    Series Aircraft Maintenance
    Manual, CSP B-001, Part 2,
    Volume 1
    ______________________________________________________________________

(3) 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.

(4) 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.

(5) 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  13, 2010. Ali  Bahrami, Manager,
Transport Airplane Directorate, Aircraft Certification Service.

FOR  FURTHER  INFORMATION  CONTACT:  Fabio  Buttitta,  Aerospace Engineer,
Airframe and Mechanical  Systems Branch, ANE-171,  FAA, New York  Aircraft
Certification Office, 1600 Stewart  Avenue, Suite 410, Westbury,  New York
11590; telephone (516) 228-7303; fax (516) 794-5531.
PREAMBLE 

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

ACTION: Final rule.

SUMMARY: We are superseding an existing 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:

During testing, it was discovered that when the outflow valve (OFV) manual mode connector is not connected, the manual mode motor and altitude limitation are not properly tested. Consequently, a disconnect of the OFV manual mode and/or a related wiring failure could potentially result in a dormant loss of several CPC [cabin pressure control] backup/safety functions, including OFV manual control, altitude limitation, emergency depressurization and smoke clearance. * * *
* * * * *

We are issuing this AD to require actions to correct the unsafe condition on these products.

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

On May 29, 2009 (74 FR 22646, May 14, 2009), the Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD.

DATES: This AD becomes effective October 7, 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: Fabio Buttitta, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228-7303; 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 3, 2009 (74 FR 63333), and proposed to supersede AD 2009-10-10, Amendment 39-15906 (74 FR 22646, May 14, 2009). That NPRM proposed to correct an unsafe condition for the specified products. This AD retains the requirements of AD 2009-10-10 and also requires modification (software update) of the cabin pressure control units and cabin pressure control panels.

Comments

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

Request To Allow Installation of a Certain Cabin Pressure Control (CPC) Part Number

After the comment period for the NPRM closed, American Eagle Airlines (AEA) made an ex parte call to the FAA to request that we allow the installation of CPC units having part number (P/N) GG670- 98002-9 that were modified in accordance with Bombardier Service Bulletin 670BA-21-030, dated December 22, 2009, as a method of compliance with paragraph (g)(1) of the NPRM. AEA did not provide additional supporting information to substantiate this request.
We agree with the commenter's request. After contacting Transport Canada Civil Aviation (TCCA) for further details, we determined that installation of certain CPC units modified according to Bombardier Service Bulletin 670BA-21-030, dated December 22, 2009, is acceptable for compliance with paragraph (g)(1) of this AD. We have added new paragraph (h) to this AD to provide this method of compliance, and have re-identified subsequent paragraphs accordingly.

Request To Allow Installation of Certain Modified CPCs and Cabin Pressure Control Panels (CPCPs)

AEA also requests allowing certain CPC units and CPCPs that were modified in accordance with certain Liebherr service bulletins (identified in the following table) as a method of compliance with the actions specified in paragraphs (g)(1) and (g)(2) of the NPRM. AEA states that those Liebherr service bulletins were approved as an alternative method of compliance (AMOC) to AD 2009-10-10. AEA also suggests that allowing the use of those certain Liebherr service bulletins would prevent the need for future AMOCs.

Liebherr Service Bulletins

Liebherr Service Bulletin -
Revision -
Dated -
GG670-98001-21-03
Original
March 21, 2006
GG670-98001-21-03
1
November 15, 2007
GG670-98002-21-02
Original
April 21, 2006
GG670-98002-21-02
1
November 15, 2007

We partially agree with the commenter's request. Since these Liebherr service bulletins were referenced as sources of additional guidance in Bombardier Service Bulletin A670BA-21-022, dated August 3, 2006, that was required by AD 2009-10-10, we agree to provide credit for actions done according to those Liebherr service bulletins if the actions were accomplished before the effective date of AD 2009-10-10. We have added paragraph (i) to this AD to provide this credit.

Explanation of Change to Applicability

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

Explanation of Change to AMOC Paragraph

We have revised paragraph (j)(1) of this AD to give credit for AMOCs approved previously for AD 2009-10-10.

Conclusion

We reviewed the available data, including the comments received, 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 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 about 353 products of U.S. registry.
The actions that are required by AD 2009-10-10 and retained in this AD take about 2 work-hours per product, at an average labor rate of $85 per work hour. Based on these figures, the estimated cost of the currently required actions is $170 per product.

We estimate that it will take about 3 work-hours per product to comply with the new basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $43,000 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $15,269,015, or $43,255 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 removing Amendment 39-15906 (74 FR 22646, May 14, 2009) and adding the following new AD: