[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
----------------------------------------------------------------------------------------------------------------
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