DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-1008; Product Identifier 2018-NM-126-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD)
for
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes. This proposed AD was prompted by reports indicating
there is a possibility of excessive error in the signal generated by
the angle of attack (AOA) transducer. This proposed AD would require
replacing certain AOA transducers. We are proposing this AD to address
the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by January
25, 2019.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact
Bombardier, Inc., 400 Cote-Vertu Road West, Dorval, Quebec
H4S 1Y9, Canada; Widebody Customer Response Center North America toll-
free telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999;
fax 514-855-7401; email ac.yul@aero.bombardier.com; internet http://
www.bombardier.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.
gov by searching for and locating Docket No. FAA-2018-1008;
or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: John DeLuca, Aerospace Engineer,
Avionics and Electrical Systems Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7369; fax 516-794-5531; email 9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include "Docket No. FAA-2018-1008;
Product Identifier 2018-NM-126-AD" at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
We will post all comments we receive, without change, to http://www.
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2018-17, dated June 29, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or "the MCAI"), to correct an
unsafe condition for certain Bombardier, Inc., Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes. The MCAI states:
Bombardier has received reports from the manufacturer of its
Angle of Attack (AOA) transducers indicating that there is a
possibility of excessive error in the signal generated by the AOA
Transducer. It is possible that this error may not be detected by
the stall protection computer, which could lead to late stall
protection system activation and potentially result in the loss of
control of the aeroplane. The error could be a result of incorrect
assembly or/and internal wear in the AOA Transducer.
This [Canadian] AD mandates the modification or replacement of
the AOA transducers in order to prevent late activation of the stick
pusher in the stall protection system.
You may examine the MCAI in the AD docket on the internet at http://www.
regulations.gov by searching for and locating Docket No. FAA-2018-1008.
Related Service Information Under 1 CFR Part 51
Bombardier has issued Service Bulletin 601R-27-165, dated December
20, 2016. This service information describes procedures for replacing
certain AOA transducers with new or modified AOA transducers. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop
on other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require accomplishing the actions specified
in the service information described previously.
Differences Between This Proposed AD and the MCAI
The applicability of the MCAI is limited to Bombardier, Inc., Model
CL-600-2B19 (Regional Jet Series 100 & 440) airplanes having serial
number 7003 through 7067 inclusive and 7069 through 7891 inclusive, and
equipped with AOA transducers having part number (P/N) 45-150-340,
C16258AA, or C16258AB. However, the applicability of this proposed AD
specifies Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100
& 440) airplanes having serial number 7003 through 7067 inclusive and
7069 through 7891 inclusive. Airplanes having serial number 7003
through 7067 inclusive and 7069 through 7891 inclusive that are not
equipped with the affected parts must comply with the parts
installation prohibition specified in paragraph (h) of this proposed
AD.
Costs of Compliance
We estimate that this proposed AD affects 525 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs
Labor cost |
Parts cost |
Cost per product |
Cost on U.S. operators |
5 work-hours x $85 per hour =
$425 |
Up to $6,800 |
Up to $7,225 |
Up to $3,793,125 |
According to the manufacturer, some
or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. We do not control warranty coverage for
affected individuals. As a result, we have included all known costs in
our cost estimate.
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.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 airworthiness
directive (AD):
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