[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Rules and Regulations]
[Pages 22432-22435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11025]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0428; Directorate Identifier 2009-NM-053-AD; 
Amendment 39-15900; AD 2009-10-05]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 and 440) Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new 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:

    A number of Flap Actuators with P/N [part number] 601R93101-21 
and 601R93101-25 were identified as having pinion gears that did not 
have acceptable certificates of conformance from the supplier. This 
condition could result in flap failure. * * *

Endurance testing conducted at Eaton Aerospace with representative 
discrepant gears predicted a 3,000 flight cycle life limit for the 
affected actuators. Fleet leaders with suspect installed actuators are 
rapidly approaching this threshold. Failure of the flap actuator pinion 
gear set could cause the right or left inboard panel to disconnect, 
which could result in flap asymmetry and

[[Page 22433]]

consequent reduced controllability of the airplane. This AD requires 
actions that are intended to address the unsafe condition described in 
the MCAI.

DATES: This AD becomes effective May 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 28, 2009.
    We must receive comments on this AD by June 12, 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.

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 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: Christopher Alfano, 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) 228-7340; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-13, dated March 26, 2009, (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    A number of Flap Actuators with [part number] P/N 601R93101-21 
and 601R93101-25 were identified as having pinion gears that did not 
have acceptable certificates of conformance from the supplier. This 
condition could result in flap failure. To correct this, operators 
are required to replace the Inboard Flap Actuators that are non-
conforming.

Endurance testing conducted at Eaton Aerospace with representative 
discrepant gears predicted a 3,000 flight cycle life limit for the 
affected actuators. Fleet leaders with suspect installed actuators are 
rapidly approaching this threshold. Failure of the flap actuator pinion 
gear set could cause the right or left inboard panel to disconnect, 
which could result in flap asymmetry and consequent reduced 
controllability of the airplane. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Section 27-53-01 of the Bombardier (Canadair) 
Regional Jet Aircraft Maintenance Manual, CSP A-001, Revision 40, dated 
September 10, 2008, which provides relevant instructions for removing 
and replacing the subject actuators. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because this 
condition could result in flap failure. Failure of the flap actuator 
pinion gear set could cause the right or left inboard panel to 
disconnect, which could result in flap asymmetry and consequent reduced 
controllability of the airplane. Therefore, we determined that notice 
and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-* * *; Directorate 
Identifier 2009-NM-053-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD 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 AD.

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

[[Page 22434]]

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-10-05 Bombardier, Inc. (Formerly Canadair): Amendment 39-15900. 
Docket No. FAA-2009-0428; Directorate Identifier 2009-NM-053-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 28, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model CL-600-2B19 
(Regional Jet series 100 and 440) airplanes, certificated in any 
category, with serial numbers (S/Ns) 7003 and later, equipped with 
inboard flap actuators part number (P/N) 601R93101-21 (Eaton P/N 
852D100-21) or P/N 601R93101-25 (Eaton P/N 852D100-25).

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Reason

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

    ``A number of Flap Actuators with P/N [part number] 601R93101-21 
and 601R93101-25 were identified as having pinion gears that did not 
have acceptable certificates of conformance from the supplier. This 
condition could result in flap failure. To correct this, operators 
are required to replace the Inboard Flap Actuators that are non-
conforming.''

Endurance testing conducted at Eaton Aerospace with representative 
discrepant gears predicted a 3,000 flight cycle life limit for the 
affected actuators. Fleet leaders with suspect installed actuators 
are rapidly approaching this threshold. Failure of the flap actuator 
pinion gear set could cause the right or left inboard panel to 
disconnect, which could result in flap asymmetry and consequent 
reduced controllability of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 100 flight cycles after the effective date of this 
AD: Inspect the serial number of each of the flap actuators having 
P/N 601R93101-21 and P/N 601R93101-25 installed on the airplane. If 
the serial number of the inspected actuator is listed in paragraph 
(f)(1)(i) or (f)(1)(ii) of this AD, before further flight, replace 
the flap actuator with an actuator that has a serial number not 
listed in paragraph (f)(1)(i), (f)(1)(ii), or (f)(2) of this AD, in 
accordance with Section 27-53-01 of Bombardier (Canadair) Regional 
Jet Aircraft Maintenance Manual (AMM), CSP A-001, Revision 40, dated 
September 10, 2008. If any of the serial numbers found have a suffix 
``A,'' replacement is not required. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the part number 
of the flap actuator can be conclusively determined from that 
review.
    (i) For P/N 601R93101-21: Serial numbers 7772, 7773, 7774, 7775, 
7776, 7778, 7779, 7780, 7781, 7782, 7784, 7786, 7787, 7788, 7790, 
7791, 7793, 7797, 7798, 7799, 7801, 7802, 7803, 7804, 7805, 7806, 
7807, 7808, 7810, 7813, 7815, 7816, 7817, 7818, 7819, 7820, 7821, 
7825, 7826, 7827, 7828, and 7829.
    (ii) For P/N 601R93101-25: Serial numbers 7783 and 7796.

    Note 1:  Replacing an existing flap actuator P/N 601R93101-21 
with a P/N 601R93101-25 that does not have a serial number listed in 
paragraph (f)(2) of this AD also satisfies the requirements of 
paragraph (f)(1) of this AD.

    (2) Within 500 flight cycles after the effective date of this 
AD: Inspect the serial number of each of the flap actuators P/N 
601R93101-25 installed on the airplane. If the serial number is 
3278, 3401, 3512, 3526, 3597, 3599, 3606, 3738, 3806, 3861, 4066, 
4284, 4315, 4401, 4499, 4538, 4582, 4658, 4979, 5007, 5094, 6422, 
6969, or 7867, before further flight, replace the flap actuator 
having P/N 601R93101-25 with a flap actuator having a serial number 
not identified in this paragraph or paragraph (f)(1) of this AD. Do 
the replacement in accordance with Section 27-53-01 of Bombardier 
(Canadair) Regional Jet AMM, CSP A-001, Revision 40, dated September 
10, 2008. If any of the serial numbers found have a suffix ``B,'' 
replacement is not required. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the part number 
of the flap actuator can be conclusively determined from that 
review.
    (3) As of the effective date of this AD, replacement of a flap 
actuator having P/N 601R93101-21 or 601R93101-25 with a serial 
number identified in paragraph (f)(1)(i), (f)(1)(ii), or (f)(2) of 
this AD is not allowed on any airplane unless the serial number of 
the actuator listed in paragraph (f)(1)(i) and (f)(1)(ii) of this AD 
is identified with suffix ``A,'' and the serial number of the 
actuator listed in paragraph (f)(2) is identified with suffix ``B.''

    Note 2: Serial number suffix ``A'' or ``B'' indicates that a 
conforming gear set has been installed.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, 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: Christopher Alfano, 
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) 228-7340; 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.
    (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.

[[Page 22435]]

Related Information

    (h) Refer to TCCA Canadian Airworthiness Directive CF-2009-13, 
dated March 26, 2009; and Bombardier (Canadair) Regional Jet AMM, 
CSP A-001, Revision 40, dated September 10, 2008; for related 
information.

Material Incorporated by Reference

    (i) You must use Section 27-53-01 of Bombardier (Canadair) 
Regional Jet AMM, CSP A-001, Revision 40, dated September 10, 2008, 
as applicable, unless the AD specifies otherwise. Bombardier 
(Canadair) Regional Jet AMM, CSP A-001, Revision 40, dated September 
10, 2008, contains the following effective pages:

                                             List of Effective Pages
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      Page title/ description           Page number(s)        Revision number          Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
AMM Title Page....................  None shown...........  40...................  September 10, 2008.
Organization of Manual............  1-3..................  None shown*..........  September 10, 2008.
Record of Revisions...............  1....................  40...................  September 10, 2008.
Chapter 27 List of Effective Pages  1-30.................  None shown*..........  September 10, 2008.
Section 27-53-01..................  401, 410-416.........  None shown*..........  September 10, 2008.
                                    402-409..............  None shown*..........  April 20, 2004.
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(* The revision level of this document is specified only on the title page and Record of Revisions page.)

    (1) For service information identified in this 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.
    (2) 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 or 425-227-1152.
    (3) 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 April 30, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-11025 Filed 5-12-09; 8:45 am]
BILLING CODE 4910-13-P