[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Rules and Regulations]
[Pages 57559-57561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26296]



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  Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / 
Rules and Regulations  

[[Page 57559]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0310; Directorate Identifier 2009-NM-012-AD; 
Amendment 39-16073; AD 2009-23-02]
RIN 2120-AA64


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

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

ACTION: Final rule.

-----------------------------------------------------------------------

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:

    During the Acceptance Test Procedure (ATP) of returned Inboard 
Flap Actuators * * * an excessive wear condition was identified 
regarding endplay between the flap actuator and ball screw. 
Excessive wear of the screw and ball nut could potentially lead to a 
flap system jam. * * *
* * * * *
The unsafe condition is a flap system jam, which could result in a 
skewed flap condition with consequent reduced controllability of the 
airplane. We are issuing this AD to require actions to correct the 
unsafe condition on these products.

DATES: This AD becomes effective December 14, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 14, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, 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) 228-7303; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on April 6, 2009 (74 FR 
15399). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During the Acceptance Test Procedure (ATP) of returned Inboard 
Flap Actuators [with Bombardier] Part Number (PN) 601R93101-19 [and 
Eaton PN 852D100-19], an excessive wear condition was identified 
regarding endplay between the flap actuator and ball screw. 
Excessive wear of the screw and ball nut could potentially lead to a 
flap system jam. A Temporary Revision (TR) has been made to the 
Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM), 
Appendix A, ``Certification Maintenance Requirements'' (CMR) to 
ensure that unacceptable wear on the nut and ball screw is detected 
and corrected.
    Revision 1 of this directive introduces a new phase-in schedule 
for performing a new CMR task C27-50-300-01.

The unsafe condition is a flap system jam, which could result in a 
skewed flap condition with consequent reduced controllability of the 
airplane. You may obtain further information by examining the MCAI in 
the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA), supports the 
NPRM. Given the potential consequences of a flap system jam while in 
flight, ALPA agrees that all reasonable steps should be taken to avoid 
such an occurrence, and encourages the FAA to implement the proposal as 
soon as possible.

Request To Confirm an Applicable Part Number

    Robert E. Briggs, a private citizen, requests that we confirm that 
Eaton PN 852D100-19, listed in the Bombardier CL-600-2B19 CMR, is also 
subject to this AD, as is the Bombardier PN 601R93101-19 specified in 
the NPRM.
    We agree. We have confirmed that both Eaton PN 852D100-19 and 
Bombardier PN 601R93101-19, the inboard flap actuators, are subject to 
the unsafe condition addressed by this AD. Both part numbers are 
specified in the service information identified in the NPRM and this 
final rule. We have revised the Discussion section and paragraph (e) of 
this AD to clarify that both the Bombardier and Eaton parts are 
affected.

Request To Revise Compliance Time

    Mr. Briggs states that the NPRM proposed an initial compliance time 
for the new CMR task of 500 flight hours after the effective date of 
the AD, while the CMR specifies an initial compliance time of 2,000 
flight cycles from November 7, 2007. Mr. Briggs asks why there is a 
difference with flight hours and flight cycles, and asserts that it 
would be easier to track and less confusing if they were the same.
    From this comment, we infer that Mr. Briggs is requesting that we 
revise the proposed compliance time specified in paragraph (f) of the 
NPRM. We do not agree. Transport Canada Civil Aviation (TCCA), in its 
Airworthiness Directive (AD) CF-2008-33R1, dated January 9, 2009 
(referenced in the NPRM as the MCAI), gave an additional 500 flight 
hours (not cycles) as a grace period only to avoid grounding airplanes 
that have already reached the initial compliance time, but that have 
not yet done the initial functional check introduced in Bombardier 
Temporary Revision 2A-41, dated November 7, 2007. Operators that have 
done the initial functional check before the effective date of the AD 
are required to comply with the CMR schedule. We concur with TCCA's 
decision to include the additional time for those airplanes to comply 
with this AD; therefore, we have not changed the AD in this regard.

[[Page 57560]]

Request To Withdraw the NPRM

    Air Wisconsin Airlines Corporation (Air Wisconsin) states that an 
AD is redundant in this case because the applicable CMR is already 
mandatory, and an AD puts the two documents in conflict.
    From this comment, we infer that Air Wisconsin is requesting that 
we withdraw the NPRM. We do not agree. The FAA issues an AD on a 
specific product when we find that an unsafe condition exists in the 
product and the condition is likely to exist or develop in other 
products of the same type design. In this case, we have identified an 
unsafe condition of excessive wear of the ball screw and ball nut of 
certain inboard flap actuators. This AD introduces a new phase-in 
schedule for performing a new CMR task (inspecting the ball screw and 
ball nut) to correct that unsafe condition. If a conflict arises 
between an AD and the specified service information, the AD must be 
followed. We have not changed the AD in this regard.

Explanation of Change to the Unsafe Condition

    We have revised the unsafe condition statement throughout this AD 
to expand on the possible end-level effect of a flap system jam.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 668 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $160,320, or $240 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 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.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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:

2009-23-02 Bombardier, Inc. (Formerly Canadair): Amendment 39-16073. 
Docket No. FAA-2009-0310; Directorate Identifier 2009-NM-012-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, all serial numbers, certificated in 
any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (g)(1) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

Subject

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

Reason

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

    During the Acceptance Test Procedure (ATP) of returned Inboard 
Flap Actuators [with Bombardier] Part Number (PN) 601R93101-19 [and 
Eaton PN 852D100-19], an excessive wear condition was identified 
regarding endplay between the flap actuator and ball screw. 
Excessive wear of the screw

[[Page 57561]]

and ball nut could potentially lead to a flap system jam. A 
Temporary Revision (TR) has been made to the Bombardier CL-600-2B19 
Maintenance Requirements Manual (MRM), Appendix A, ``Certification 
Maintenance Requirements'' (CMR) to ensure that unacceptable wear on 
the nut and ball screw is detected and corrected.
    Revision 1 of this directive introduces a new phase-in schedule 
for performing a new CMR task C27-50-300-01.

The unsafe condition is a flap system jam, which could result in a 
skewed flap condition with consequent reduced controllability of the 
airplane.

Actions and Compliance

    (f) Unless already done, within 30 days after the effective date 
of this AD, revise the Airworthiness Requirements Section of the 
Bombardier CL-600-2B19 MRM to include the information in Bombardier 
TR 2A-41, dated November 7, 2007, to Appendix A of the Airworthiness 
Requirements, Part 2, of the Bombardier CL-600-2B19 MRM. The initial 
compliance with the new CMR task must be done within 500 flight 
hours after the effective date of this AD.

    Note 2: The actions required by paragraph (f) of this AD may be 
done by inserting a copy of Bombardier TR 2A-41, dated November 7, 
2007, to Appendix A of the Airworthiness Requirements, Part 2, of 
the Bombardier CL-600-2B19 MRM. When this TR has been included in 
general revisions of the MRM, the TR may be removed from the MRM, 
provided the relevant information in the general revision is 
identical to that in Bombardier TR 2A-41, dated November 7, 2007.

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 (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: Fabio Buttitta, Aerospace 
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New 
York ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; 
telephone (516) 228-7303; 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.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2008-33R1, 
dated January 9, 2009; and Bombardier TR 2A-41, dated November 7, 
2007, to Appendix A of the Airworthiness Requirements, Part 2, of 
the Bombardier CL-600-2B19 MRM; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Temporary Revision 2A-41, dated 
November 7, 2007, to Appendix A of the Airworthiness Requirements, 
Part 2, of the Bombardier CL-600-2B19 Maintenance Requirements 
Manual, to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) 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.
    (3) 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.
    (4) 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 October 19, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-26296 Filed 11-6-09; 8:45 am]
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