[Federal Register Volume 74, Number 34 (Monday, February 23, 2009)]
[Proposed Rules]
[Pages 8045-8048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3774]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0138; Directorate Identifier 2008-NM-216-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model BD-700-1A10 and BD-
700-1A11 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 the
products listed above that would supersede an existing AD. This
proposed 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 scheduled maintenance inspection, a bolt which connects
the PCU (power control unit) to the elevator surface was found
fractured in the assembly. Further inspection of the assembly
revealed that the bearing on the PCU rod end had seized, which
resulted in damage to the attachment fitting bushing and fracture of
the bolt. Inspection of other in-service airplanes revealed two more
seized PCU attachment joints. However, except seizure, no fractured
bolt was found on these airplanes. Failure of the bolts in both PCUs
on one side could result in disconnection of the elevator control
surface which would lead to flutter and loss of the aircraft.
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by March 25, 2009.
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: (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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 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 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; e-mail
[email protected]; 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,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221 or 425-227-1152.
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 (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Pong K. Lee, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7324; fax (516) 794-5531.
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-2009-0138;
Directorate Identifier 2008-NM-216-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
On November 16, 2008, we issued AD 2008-24-12, Amendment 39-15753
(73 FR 72316, November 28, 2008). That AD required actions intended to
address an unsafe condition on the products listed above. AD 2008-24-12
was issued as an Immediately Adopted Rule; therefore,
[[Page 8046]]
notice and opportunity for public comment before issuing AD 2008-24-12
were impracticable because good cause existed for making that AD
effective in fewer than 30 days.
In the Differences section of AD 2008-24-12, we indicated that the
planned compliance times for the inspection and lubrication of power
control units specified in Paragraph B. of the mandatory continuing
airworthiness information (MCAI) (i.e., Canadian Emergency
Airworthiness Directive CF-2008-31, dated October 9, 2008) would allow
enough time to provide notice and opportunity for prior public comment
on the merits of those actions, and that we were considering further
rulemaking to address that issue. We also indicated that we were
considering further rulemaking to require the optional terminating
action on all affected airplanes. We have now determined that further
rulemaking action is indeed necessary, and this proposed AD follows
from that determination.
The MCAI states:
During scheduled maintenance inspection, a bolt which connects
the PCU (power control unit) to the elevator surface was found
fractured in the assembly. Further inspection of the assembly
revealed that the bearing on the PCU rod end had seized, which
resulted in damage to the attachment fitting bushing and fracture of
the bolt. Inspection of other in-service airplanes revealed two more
seized PCU attachment joints. However, except seizure, no fractured
bolt was found on these airplanes. Failure of the bolts in both PCUs
on one side could result in disconnection of the elevator control
surface which would lead to flutter and loss of the aircraft.
This Airworthiness Directive (AD) is issued to mandate the
inspection and lubrication of all part number (P/N) GT411-3800-5 and
GT411-3800-7 PCU attachment joints.
The required actions include inspections for damage and seizure
(including signs of seizure) of the PCU attachment joints, an
inspection for damage (including wear damage, fretting, corrosion,
galling, scoring, fretting wear, and parts that do not meet inspection
requirements) of the PCU attachment joint components, and applicable
corrective actions. You may obtain further information by examining the
MCAI in the AD docket.
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.
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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect 157 products of U.S. registry. We also estimate that it
would take 4 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $50,240, or $320 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); 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 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing Amendment 39-15753 (73 FR
72316, November 28, 2008) and adding the following new AD:
Bombardier: Docket No. FAA-2009-0138; Directorate Identifier 2008-
NM-216-AD.
Comments Due Date
(a) We must receive comments by March 25, 2009.
Affected ADs
(b) The proposed AD supersedes AD 2008-24-12, Amendment 39-
15753.
Applicability
(c) This AD applies to Bombardier Model BD-700-1A10 and BD-700-
1A11 airplanes, certificated in any category, serial numbers (S/Ns)
9002 through 9222 inclusive; equipped with elevator power control
units (PCUs) having part number (P/N) GT411-3800-5 or GT411-3800-7.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
controls.
[[Page 8047]]
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
During scheduled maintenance inspection, a bolt which connects
the PCU (power control unit) to the elevator surface was found
fractured in the assembly. Further inspection of the assembly
revealed that the bearing on the PCU rod end had seized, which
resulted in damage to the attachment fitting bushing and fracture of
the bolt. Inspection of other in-service airplanes revealed two more
seized PCU attachment joints. However, except seizure, no fractured
bolt was found on these airplanes. Failure of the bolts in both PCUs
on one side could result in disconnection of the elevator control
surface which would lead to flutter and loss of the aircraft.
This Airworthiness Directive (AD) is issued to mandate the
inspection and lubrication of all part number (P/N) GT411-3800-5 and
GT411-3800-7 PCU attachment joints.
The required actions include inspections for damage and seizure
(including signs of seizure) of the PCU attachment joints, an
inspection for damage (including wear damage, fretting, corrosion,
galling, scoring, fretting wear, and parts that do not meet
inspection requirements) of the PCU attachment joint components, and
applicable corrective actions.
Restatement of Requirements of AD 2008-24-12
(f) Unless already done: For airplanes on which elevator PCUs
with P/N GT411-3800-5 or P/N GT411-3800-7, S/N 0615 and lower, are
installed, excluding P/N GT411-3800-7 PCUs having a serial number
listed in Table 1 of this AD, and excluding P/N GT411-3800-7 PCUs on
which less than 1,000 flight hours have accumulated on the PCUs as
of December 15, 2008 (the effective date of AD 2008-24-12), do the
actions specified in paragraphs (f)(1), (f)(2), and (f)(3) of this
AD.
Note 1: Units listed in Table 1 of this AD have been lubricated
by the vendor and the inspections required by paragraphs (f)(1),
(f)(2), (f)(3), and (f)(4) of this AD are not required for those
units.
Table 1--Serial Numbers
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0030 0097 0156 0188 0218 0369 0438
0031 0101 0161 0190 0222 0406 0453
0033 0105 0163 0191 0223 0407 0491
0041 0108 0164 0197 0240 0408 0495
0046 0109 0165 0198 0262 0413 0504
0060 0110 0171 0199 0265 0420 0506
0062 0111 0173 0202 0281 0427 0513
0066 0119 0174 0205 0296 0429 0533
0081 0130 0178 0206 0301 0430 0536
0083 0138 0179 0208 0310 0431 0586
0087 0141 0181 0210 0323 0433 ....................
0092 0145 0183 0214 0365 0435 ....................
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(1) Within 10 flight cycles or 50 flight hours after December
15, 2008, whichever occurs first: Inspect for damage and wear and
lubricate the PCU attachment joints in accordance with Bombardier
Alert Service Bulletin A700-1A11-27-024, Revision 01, dated October
3, 2008; or Bombardier Alert Service Bulletin A700-27-066, Revision
01, dated October 3, 2008; as applicable.
(2) Within 90 days or 200 flight hours after performing the
actions required by paragraph (f)(1) of this AD, whichever occurs
first: Repeat the inspection and lubrication of the PCU attachment
joints in accordance with Bombardier Alert Service Bulletin A700-
1A11-27-024, Revision 01, dated October 3, 2008; or Bombardier Alert
Service Bulletin A700-27-066, Revision 01, dated October 3, 2008; as
applicable.
(3) Within 45 days or 100 flight hours after performing the
actions required by paragraph (f)(2) of this AD, whichever occurs
first: Repeat the inspection and lubrication of the PCU attachment
joints in accordance with Bombardier Alert Service Bulletin A700-
1A11-27-024, Revision 01, dated October 3, 2008; or Bombardier Alert
Service Bulletin A700-27-066, Revision 01, dated October 3, 2008; as
applicable. Repeat the inspection thereafter at intervals not to
exceed 45 days or 100 flight hours, whichever occurs first, until
paragraph (f)(4) of this AD is accomplished.
(4) Completion of a disassembly with an inspection for damage,
applicable corrective actions, and lubrication of the PCU attachment
joint components in accordance with Bombardier Service Bulletin 700-
1A11-27-025, dated October 9, 2008; or Bombardier Service Bulletin
700-27-067, dated October 9, 2008; as applicable; constitutes
terminating action for the inspections required by paragraphs
(f)(1), (f)(2), and (f)(3) of this AD.
(5) Unless already done, if any damage or seizure is found
during any inspection required by paragraphs (f)(1), (f)(2), (f)(3),
and (f)(4) of this AD, before further flight, replace the affected
part in accordance with Bombardier Service Bulletin 700-1A11-27-025,
dated October 9, 2008, or Bombardier Service Bulletin 700-27-067,
dated October 9, 2008, as applicable.
(6) Actions done before December 15, 2008, in accordance with
the Bombardier Alert Service Bulletins A700-1A11-27-024 and A700-27-
066, both dated October 2, 2008, are acceptable for compliance with
the corresponding requirements of this AD.
(7) Unless already done, submit a report to Bombardier of all
findings found during any inspection required by paragraphs (f)(1),
(f)(2), (f)(3), and (f)(4) of this AD, in accordance with the
applicable service bulletin listed in Table 2 of this AD.
(i) If the inspection was done on or after December 15, 2008:
Submit the report within 14 days after the inspection.
(ii) If the inspection was done before December 15, 2008: Submit
the report within 14 days after December 15, 2008.
Table 2--Service Bulletins for Reports
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Service Bulletin Revision level Date
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Bombardier Alert Service Bulletin 01.................................. October 3, 2008.
A700-1A11-27-024.
Bombardier Alert Service Bulletin 01.................................. October 3, 2008.
A700-27-066.
Bombardier Service Bulletin 700-1A11- Original............................ October 9, 2008.
27-025.
Bombardier Service Bulletin 700-27- Original............................ October 9, 2008.
067.
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[[Page 8048]]
New Requirements of this AD: Actions and Compliance
(g) Unless already done, do the actions specified in paragraph
(g)(1) or (g)(2) of this AD, as applicable, at the time specified.
(1) For airplanes identified in paragraph (f) of this AD: Within
45 days or 100 flight hours after the effective date of this AD,
whichever occurs first, complete a disassembly with an inspection
for damage, applicable corrective actions, and lubrication of the
PCU attachment joint components in accordance with Bombardier
Service Bulletin 700-1A11-27-025, dated October 9, 2008; or
Bombardier Service Bulletin 700-27-067, dated October 9, 2008; as
applicable.
(2) For airplanes not identified in paragraph (f) of this AD on
which elevator PCUs with P/N GT411-3800-7 are installed: Within 180
days or 400 flight hours after the effective date of this AD,
whichever occurs first, complete a disassembly with an inspection
for damage, applicable corrective actions, and lubrication of the
PCU attachment joint components in accordance with Bombardier
Service Bulletin 700-1A11-27-025, dated October 9, 2008; or
Bombardier Service Bulletin 700-27-067, dated October 9, 2008; as
applicable.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: Paragraph A.3. of the MCAI requires a one-time
inspection; however, since we have changed the compliance time for
the terminating action in paragraph A.4. of the MCAI (refer to
paragraph (g)(1) of this AD), paragraph (f)(3) of this AD requires
repeating the inspections until the terminating action is performed.
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), 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: Pong K. Lee, Aerospace
Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York
ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone (516) 228-7324; 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.
(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, 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: As described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), special flight permits are not allowed.
Related Information
(i) Refer to MCAI Canadian Emergency Airworthiness Directive CF-
2008-31, dated October 9, 2008, and the service information
specified in Table 2 of this AD, for related information.
Issued in Renton, Washington, on January 30, 2009.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E9-3774 Filed 2-20-09; 8:45 am]
BILLING CODE 4910-13-P