[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Proposed Rules]
[Pages 55493-55495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25866]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0995; Directorate Identifier 2009-NM-123-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700 & 701) 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:

    Investigation into a landing gear retraction problem on a 
production test flight revealed that, during aircraft pressurization 
and depressurization cycles, the pressure floor in the main landing 
gear bay deflects to a small extent. This causes relative 
misalignment between the [alternate-extension system] AES bypass 
valve, the downlock assist valve and the summing lever which, in 
turn, can result in damage to and potential failure of the 
respective clevis attached to one or both of the valves. Such a 
clevis failure could remain dormant and, in the subsequent event 
that use of the AES was required, full landing gear extension may 
not be achievable.
* * * * *
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 December 14, 
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: Cesar Gomez, 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) 228-7318; 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-2009-0995; 
Directorate Identifier 2009-NM-123-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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 (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-22, dated May 14, 2009 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    Investigation into a landing gear retraction problem on a 
production test flight revealed that, during aircraft pressurization 
and depressurization cycles, the pressure floor in the main landing 
gear bay deflects to a small extent. This causes relative 
misalignment between the [alternate-extension system] AES bypass 
valve, the downlock assist valve and the summing lever which, in 
turn, can result in damage to and potential failure of the 
respective clevis attached to one or both of the valves. Such a 
clevis failure could remain dormant and, in the subsequent event 
that use of the AES was required, full landing gear extension may 
not be achievable.
    This directive gives instructions to replace the clevis, with a 
new part, for both the bypass and the downlock assist valves. It 
also gives instructions to install new support brackets for both 
valves, in order to increase the stiffness of the installations and 
thus prevent future relative misalignment and potential clevis 
failure.

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

Relevant Service Information

    Bombardier has issued Alert Service Bulletin A670BA-32-022, 
Revision A, including Appendix A, dated May 1, 2009. The actions 
described in this service information are intended to

[[Page 55494]]

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 203 products of U.S. registry. We also estimate that 
it would take 12 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $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 costs. 
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 $385,497, or $1,899 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-2009-0995; 
Directorate Identifier 2009-NM-123-AD.

Comments Due Date

    (a) We must receive comments by December 14, 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) airplanes, 
serial numbers 10003 through 10216 inclusive.
    (2) Model CL-600-2D15 (Regional Jet Series 705) and Model CL-
600-2D24 (Regional Jet Series 900) airplanes, serial numbers 15001 
through 15039 inclusive.

Subject

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

Reason

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

    Investigation into a landing gear retraction problem on a 
production test flight revealed that, during aircraft pressurization 
and depressurization cycles, the pressure floor in the main landing 
gear bay deflects to a small extent. This causes relative 
misalignment between the [alternate-extension system] AES bypass 
valve, the downlock assist valve and the summing lever which, in 
turn, can result in damage to and potential failure of the 
respective clevis attached to one or both of the valves. Such a 
clevis failure could remain dormant and, in the subsequent event 
that use of the AES was required, full landing gear extension may 
not be achievable.
    This directive gives instructions to replace the clevis, with a 
new part, for both the bypass and the downlock assist valves. It 
also gives instructions to install new support brackets for both 
valves, in order to increase the stiffness of the installations and 
thus prevent future relative misalignment and potential clevis 
failure.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For any bypass valve having part number (P/N) 53342-3, at 
the applicable time in paragraph (f)(1)(i), (f)(1)(ii), or 
(f)(1)(iii) of this AD, replace the existing clevis with a new 
clevis having P/N 2323H037, in accordance with Part A of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A670BA-32-022, Revision A, dated May 1, 2009. The replacement is not 
required if paragraph (f)(3) of this AD has already been done.
    (i) If the bypass valve has accumulated 9,400 total flight 
cycles or fewer as of the effective date of this AD, replace the 
clevis before the accumulation of 10,000 total flight cycles on the 
valve.
    (ii) If the bypass valve has accumulated more than 9,400 total 
flight cycles as of the effective date of this AD, replace the 
clevis within 550 flight hours after the effective date of this AD.
    (iii) If it is not possible to determine the total flight cycles 
accumulated on the bypass

[[Page 55495]]

valve, replace the clevis within 550 flight hours after the 
effective date of this AD.
    (2) For any downlock assist valve having (P/N) 53341-5, at the 
applicable time in paragraph (f)(2)(i), (f)(2)(ii), or (f)(2)(iii) 
of this AD, replace the existing clevis with a new clevis, having P/
N 2323H037, in accordance with Part B of the Accomplishment 
Instructions of Bombardier Alert Service Bulletin A670BA-32-022, 
Revision A, dated May 1, 2009. The replacement is not required if 
paragraph (f)(3) of this AD has already been done.
    (i) If the valve has accumulated 9,400 total flight cycles or 
fewer as of the effective date of this AD, replace the clevis before 
the valve has accumulated 10,000 total flight cycles on the valve.
    (ii) If the valve has accumulated more than 9,400 total flight 
cycles as of the effective date of this AD, replace the clevis 
within 550 flight hours after the effective date of this AD.
    (iii) If it is not possible to determine the total flight cycles 
accumulated by the downlock assist valve, replace the clevis within 
550 flight hours after the effective date of this AD.
    (3) At the earliest of the times in (f)(3)(i), (f)(3)(ii), and 
(f)(3)(iii) of this AD, install new support brackets for the bypass 
valve and downlock assist valve, in accordance with Part C of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A670BA-32-022, Revision A, dated May 1, 2009. Installing the support 
brackets terminates the requirements of paragraphs (f)(1) and (f)(2) 
of this AD.
    (i) Within 4,500 flight hours after the effective date of this 
AD.
    (ii) Within 6,000 flight cycles after accomplishing the actions 
specified in paragraph (f)(1) of this AD or within 600 flight cycles 
after the effective date of this AD, whichever occurs later.
    (iii) Within 6,000 flight cycles after accomplishing the actions 
specified in paragraph (f)(2) of this AD or within 600 flight cycles 
after the effective date of this AD, whichever occurs later.
    (4) Replacing the clevises for the bypass valve and downlock 
assist valve before the effective date of this AD, in accordance 
with the Accomplishment Instructions of Bombardier Alert Service 
Bulletin A670BA-32-022, dated November 8, 2007, is considered 
acceptable for compliance with the corresponding actions in 
paragraphs (f)(1) and (f)(2) of this AD.

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), ANE-170, 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: Cesar 
Gomez, 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-
7318; 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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2009-22, 
dated May 14, 2009; and Bombardier Alert Service Bulletin A670BA-32-
022, Revision A, dated May 1, 2009; for related information.

    Issued in Renton, Washington, on October 19, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-25866 Filed 10-27-09; 8:45 am]
BILLING CODE 4910-13-P