[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Proposed Rules]
[Pages 38993-38995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18731]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0703; Directorate Identifier 2009-NM-093-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700, 701 & 702) Airplanes, Model CL-600-2D15 (Regional Jet 
Series 705) Airplanes, and Model CL-600-2D24 (Regional Jet Series 900) 
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. 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: There have been four reports of loose or detached main 
landing gear torque link apex pin locking plate and the locking plate 
retainer bolt. This condition could result in torque link apex pin 
disengagement, heavy vibration during landing, damage to main landing 
gear components and subsequent main landing gear collapse.
    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 September 4, 
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 Cote-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 Lee, 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) 228-7324; 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-2009-0703; 
Directorate Identifier 2009-NM-093-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://

[[Page 38994]]

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 (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-20, dated May 1, 2009 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    There have been four reports of loose or detached main landing 
gear torque link apex pin locking plate and the locking plate 
retainer bolt. This condition could result in torque link apex pin 
disengagement, heavy vibration during landing, damage to main 
landing gear components and subsequent main landing gear collapse.
    Investigation has determined that incorrect stack-up tolerances 
of the apex joint or improper installation of the locking plate and 
apex nut could result in torque link apex pin disengagement. This 
directive mandates [a one-time detailed] inspection of the torque 
link apex joint [for correct installation and damage, and corrective 
actions if necessary] and replacement of the torque link apex nut.

The corrective actions include re-installing parts that are not 
correctly installed and replacing damaged parts. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 670BA-32-019, Revision A, 
dated September 18, 2008. 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 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 about 361 products of U.S. registry. We also estimate that 
it would take about 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 $115,520, 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 adding the following new AD:

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2009-0703; 
Directorate Identifier 2009-NM-093-AD.

Comments Due Date

    (a) We must receive comments by September 4, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Bombardier airplanes identified in 
paragraphs (c)(1) and (c)(2) of this AD, certificated in any 
category.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) 
airplanes, serial numbers (S/Ns) 10003 and subsequent.
    (2) Model CL-600-2D15 (Regional Jet Series 705) airplanes and 
Model CL-600-2D24 (Regional Jet Series 900) airplanes, S/Ns 15001 
and subsequent.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    There have been four reports of loose or detached main landing 
gear torque link apex pin locking plate and the locking plate 
retainer bolt. This condition could result in torque link apex pin 
disengagement, heavy vibration during landing, damage to main 
landing gear components and subsequent main landing gear collapse.
    Investigation has determined that incorrect stack-up tolerances 
of the apex joint or improper installation of the locking plate and 
apex nut could result in torque link apex pin disengagement. This 
directive mandates [a

[[Page 38995]]

one-time detailed] inspection of the torque link apex joint [for 
correct installation and damage, and corrective actions if 
necessary] and replacement of the torque link apex nut.

The corrective actions include re-installing parts that are not 
correctly installed and replacing damaged parts.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For Model CL-600-2C10 airplanes, S/Ns 10003 through 10223 
inclusive; and Model CL-600-2D15 and Model CL-600-2D24 airplanes, S/
Ns 15001 through 15035 inclusive, 15038, 15039, and 15042: Within 
900 flight hours after the effective date of this AD, perform a one-
time detailed inspection and all applicable corrective actions on 
the torque link apex joint, in accordance with Part A of the 
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
019, Revision A, dated September 18, 2008, except as provided by 
paragraph (f)(5) of this AD. Do all applicable corrective actions 
before further flight.
    (2) For Model CL-600-2C10 airplanes, S/Ns 10003 through 10239 
inclusive; and Model CL-600-2D15 and CL-600-2D24 airplanes, S/Ns 
15001 through 15057 inclusive: Within 4,500 flight hours after the 
effective date of this AD, replace or rework the apex nut, in 
accordance with Part B of the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-32-019, Revision A, dated 
September 18, 2008.
    (3) As of the effective date of this AD, no person may install, 
on any airplane, a replacement MLG shock strut assembly identified 
in paragraph (f)(3)(i) or (f)(3)(ii) of this AD, unless it has been 
reworked in accordance with Part B of the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-32-019, Revision 
A, dated September 18, 2008.
    (i) Part number (P/N) 49000-11 through 49000-22 inclusive, and 
with a serial number in the range of S/N 0001 through 0284 inclusive 
(the serial number can start with ``MA,'' ``MAL,'' or ``MA-'').
    (ii) P/N 49050-5 through 49050-10 inclusive, and with a serial 
number in the range of S/N 1001 through 1114 inclusive (the serial 
number can start with ``MA,'' ``MAL,'' or ``MA-'').
    (4) Inspections, corrective actions, replacements, and rework 
accomplished before the effective date of this AD in accordance with 
Bombardier Service Bulletin 670BA-32-019, dated March 16, 2006, are 
considered acceptable for compliance with the corresponding actions 
specified in this AD.
    (5) The inspections specified in paragraph (f)(1) of this AD are 
not required if the actions specified in paragraph (f)(2) of this AD 
have already been accomplished; or if Bombardier Repair Engineering 
Order 670-32-11-0022, dated October 22, 2005; or Goodrich Service 
Concession Request SCR 0056-05, dated October 22, 2005; has been 
incorporated.

FAA AD Differences

    Note 1: 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 (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 Lee, 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) 228-7324; 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. 
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.
    (h) Special Flight Permits: 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), are not allowed.

Related Information

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2009-20, 
dated May 1, 2009; and Bombardier Service Bulletin 670BA-32-019, 
Revision A, dated September 18, 2008; for related information.

    Issued in Renton, Washington, on July 28, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-18731 Filed 8-4-09; 8:45 am]
BILLING CODE 4910-13-P