2013-09008. Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. This proposed AD was prompted by reports of airspeed mismatch between the pilot and co-pilot's airspeed indicators, which occurred during or after heavy rain. This proposed AD would require, for certain airplanes, inspecting for drain bottles having certain part numbers, and replacing affected drain bottles. This proposed AD would require, for certain other airplanes, replacing drain bottles. We are proposing this AD to prevent pitot static tubing from becoming blocked by water, which if not corrected, could lead to erroneous airspeed and altitude indications, and consequent loss of control of the airplane.

DATES:

We must receive comments on this proposed AD by June 3, 2013.

ADDRESSES:

You may send comments by any of the following methods:

• Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
• Fax: [phone].
• 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: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this proposed AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone [phone]; fax [phone]; email [e-mail]; Internet http://www.bombardier.com. You may review copies of the referenced 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.

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 this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone [phone]) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Cesar Gomez, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone [phone]; fax [phone].

SUPPLEMENTARY INFORMATION:

Comments Invited

We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2013-0332; Directorate Identifier 2013-NM-009-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on 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 proposed AD.

Discussion

Transport Canada Civil Aviation, which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2012-30, dated December 7, 2012 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

A number of reports were received from the operators indicating airspeed mismatch between the pilot and co-pilot's airspeed indicators. The erroneous indication occurred during or after heavy rain. Further investigation revealed that during heavy precipitation, the pitot static tubing may become partially or completely blocked by the water which didn't enter the drain bottle(s). This condition, if not corrected, may result in erroneous airspeed and altitude indications [and consequent loss of control of the airplane].

This [Canadian] AD mandates [for certain airplanes] the replacement of the drain bottles to improve drainage of the pitot-static tubing [and, for certain other airplanes, an inspection for, and replacement of, certain drain bottles].

You may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

Bombardier, Inc. has issued the following service bulletins. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.

• Bombardier Service Bulletin 601-0617, Revision 03, dated December 20, 2012.
• Bombardier Service Bulletin 604-34-065, Revision 02, dated December 20, 2012.
• Bombardier Service Bulletin 605-34-027, Revision 02, dated December 20, 2012.

FAA's Determination and Requirements of This Proposed AD

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 pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design.

Costs of Compliance

Based on the service information, we estimate that this proposed AD would affect about 77 products of U.S. registry. We also estimate that it would take about 5 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost up to $2,939 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 parts. 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 the proposed AD on U.S. operators to be $259,028, or $3,364 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 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.

We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket.

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.

§ 39.13

[Amended]

2. The FAA amends § 39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2013-0332; Directorate Identifier 2013-NM-009-AD.

(a) Comments Due Date

We must receive comments by June 3, 2013.

(b) Affected ADs

None.

(c) Applicability

This AD applies to the airplanes specified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category.

(1) Bombardier, Inc. Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes, serial numbers 5001 through 5194 inclusive.

(2) Bombardier, Inc. Model CL-600-2B16 (CL-604 Variant) airplanes, serial numbers 5301 through 5665 inclusive, and 5701 through 5918 inclusive.

(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, which occurred during or after heavy rain. We are issuing this AD to prevent pitot static tubing from becoming blocked by water, which if not corrected, could lead to 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) Inspection and Replacement for Certain Model CL-600-2B16 (CL-601-3A and CL-601-3R) Variants Airplanes

For Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes having serial numbers 5001 through 5194 inclusive: Within 24 months after the effective date of this AD, inspect for drain bottles having part number (P/N) 50029-001, 50030-001, 9035000, 9035001, 9435014, 9435015, or 601A51704-5.

(1) If none of the part numbers identified in paragraph (g) of this AD are found, no further action is required by this paragraph for that airplane.

(2) If any part number identified in paragraph (g) of this AD is found: Before further flight, replace the drain bottles that are installed on the pitot and static lines of the air data computers (ADC), in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 601-0617, Revision 03, dated December 20, 2012.

(h) Replacement for Certain Model CL-600-2B16 (CL-604 Variant) Airplanes

For Model CL-600-2B16 (CL-604 Variant) airplanes having serial numbers 5301 through 5665 inclusive: Within 24 months after the effective date of this AD, replace drain bottles installed on the pitot and static lines of the ADCs, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 604-34-065, Revision 02, dated December 20, 2012.

(i) Replacement for Certain Other Model CL-600-2B16 (CL-604 Variants) Airplanes

For Model CL-600-2B16 (CL-604 Variant) airplanes having serial numbers 5701 through 5918 inclusive: Within 24 months after the effective date of this AD, replace drain bottles installed on the pitot and static lines of the ADCs, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 605-34-027, Revision 02, dated December 20, 2012.

(j) Parts Installation Prohibitions

(1) As of the effective date of this AD, no person may install drain bottles having P/N 50029-001, 50030-001, 9035000, 9035001, 9435014, 9435015, or 601A51704-5 on any Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplane.

(2) As of the effective date of this AD, no person may install drain bottles having P/N 50029-001, 50030-001, 9035000, 9035001, 9435014, or 9435015 on the pitot and static lines of the ADCs; or drain bottles having P/N 50030-001, 50034-002, 9435014, or 9035001 on the pitot line of the integrated stand-by instrument (ISI); on any Model CL-600-2B16 (CL-604 Variant) airplanes, S/N 5301 through 5665 inclusive.

(3) As of the effective date of this AD, no person may install drain bottles having P/N 50029-001 or 50030-001 on the pitot and static lines of the ADCs; or P/N 50030-001 or 50034-002 on the pitot line of the ISI; on any Model CL-600-2B16 (CL-604 Variant) airplanes.

(k) Credit for Previous Actions

(1) This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using a service bulletin specified in paragraphs (k)(1)(i) through (k)(1)(iii) of this AD.

(i) Bombardier Service Bulletin 601-0617, Revision 02, dated November 14, 2012, which is not incorporated by reference in this AD.

(ii) Bombardier Service Bulletin 601-0617, Revision 01, dated November 12, 2012, which is not incorporated by reference in this AD.

(iii) Bombardier Service Bulletin 601-0617, dated July 31, 2012, which is not incorporated by reference in this AD.

(2) This paragraph provides credit for actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using a service bulletin specified in paragraph (k)(2)(i) or (k)(2)(ii) of this AD.

(i) Bombardier Service Bulletin 604-34-065, Revision 01, dated October 15, 2012, which is not incorporated by reference in this AD.

(ii) Bombardier Service Bulletin 604-34-065, dated July 31, 2012, which is not incorporated by reference in this AD.

(3) This paragraph provides credit for actions required by paragraph (i) of this AD, if those actions were performed before the effective date of this AD using a service bulletin specified in paragraph (k)(3)(i) or (k)(3)(ii) of this AD.

(i) Bombardier Service Bulletin 605-34-027, Revision 01, dated October 15, 2012, which is not incorporated by reference in this AD.

(ii) Bombardier Service Bulletin 605-34-027, dated July 31, 2012, which is not incorporated by reference in this AD.

(l) 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 ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone [phone]; fax [phone]. 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.

(m) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2012-30, dated December 7, 2012, and the service information specified in paragraphs (m)(1)(i) through (m)(1)(iii) of this AD, for related information.

(i) Bombardier Service Bulletin 601-0617, Revision 03, dated December 20, 2012.

(ii) Bombardier Service Bulletin 604-34-065, Revision 02, dated December 20, 2012.

(iii) Bombardier Service Bulletin 605-34-027, Revision 02, dated December 20, 2012.

(2) For service information identified in this AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone [phone]; fax [phone]; email [e-mail]; Internet http://www.bombardier.com. You may review copies of the referenced 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.

Issued in Renton, Washington, on April 5, 2013.

Ali Bahrami,

Manager, Transport Airplane Directorate, Aircraft Certification Service.