[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Proposed Rules]
[Pages 258-260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31290]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / 
Proposed Rules  

[[Page 258]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1229; Directorate Identifier 2009-NM-106-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. (Type Certificate 
Previously Held by Bombardier Aerospace, Inc.; Canadair) Model CL-600-
2B19 (Regional Jet Series 100 & 440) 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:

    A specific batch of nose landing gear (NLG) and NLG door 
selector valves, part number (P/N) 601R75146-1 (Kaiser Fluid 
Technologies P/N 750006000), may have had their end caps incorrectly 
lock-wired and/or incorrectly torqued during assembly. This 
condition can lead to the end cap backing off, with consequent 
damage to a seal and internal leakage within the valve. 
Subsequently, if electrical power is transferred or removed from the 
aircraft before the NLG safety pin is installed, any pressure, 
including residual pressure, in the No. 3 hydraulic system can 
result in an uncommanded NLG retraction and/or uncommanded opening 
of the NLG doors. There have been six cases reported on CL600-2B19 
aircraft, one of which resulted in the collapse of the NLG at the 
departure gate.
* * * * *
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 February 19, 
2010.

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-2009-1229; 
Directorate Identifier 2009-NM-106-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, which is the aviation authority 
for Canada, has issued Canadian Airworthiness Directive CF-2009-19, 
dated April 29, 2009 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    A specific batch of nose landing gear (NLG) and NLG door 
selector valves, part number (P/N) 601R75146-1 (Kaiser Fluid 
Technologies P/N 750006000), may have had their end caps incorrectly 
lock-wired and/or incorrectly torqued during assembly. This 
condition can lead to the end cap backing off, with consequent 
damage to a seal and internal leakage within the valve. 
Subsequently, if electrical power is transferred or removed from the 
aircraft before the NLG safety pin is installed, any pressure, 
including residual pressure, in the No. 3 hydraulic system can 
result in an uncommanded NLG retraction and/or uncommanded opening 
of the NLG doors. There have been six cases reported on CL600-2B19 
aircraft, one of which resulted in the collapse of the NLG at the 
departure gate.
    This directive mandates [an inspection of the NLG and NLG 
selector valves to

[[Page 259]]

determine the serial number and marking of the part and] a check [to 
determine the torque value and correct lockwire installation] of the 
[affected] NLG and NLG door selector valves installed on all 
aircraft in the Applicability section * * *. Depending on the 
results, replacement, rework and/or additional identification of the 
valves may be required.

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

Relevant Service Information

    Bombardier has issued Service Bulletin 601R-32-104, dated March 3, 
2009. 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 652 products of U.S. registry. We also estimate that 
it would take about 1 work-hour 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 $40 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 $78,240, or $120 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, Incorporated 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. (Type Certificate Previously Held by Bombardier 
Aerospace, Inc.; Canadair): Docket No. FAA-2009-1229; Directorate 
Identifier 2009-NM-106-AD.

Comments Due Date

    (a) We must receive comments by February 19, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. (Type Certificate 
previously held by Bombardier Aerospace, Inc.; Canadair) Model CL-
600-2B19 (Regional Jet Series 100 & 440) airplanes, serial numbers 
7003 and subsequent; certificated in any category.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    A specific batch of nose landing gear (NLG) and NLG door 
selector valves, part number (P/N) 601R75146-1 (Kaiser Fluid 
Technologies P/N 750006000), may have had their end caps incorrectly 
lock-wired and/or incorrectly torqued during assembly. This 
condition can lead to the end cap backing off, with consequent 
damage to a seal and internal leakage within the valve. 
Subsequently, if electrical power is transferred or removed from the 
aircraft before the NLG safety pin is installed, any pressure, 
including residual pressure, in the No. 3 hydraulic system can 
result in an uncommanded NLG retraction and/or uncommanded opening 
of the NLG doors. There have been six cases reported on CL600-2B19 
aircraft, one of which resulted in the collapse of the NLG at the 
departure gate.
    This directive mandates [an inspection of the NLG and NLG 
selector valves to determine the serial number and marking of the 
part and] a check [to determine the torque value and correct 
lockwire installation] of the [affected] NLG and NLG door selector 
valves installed on all aircraft in the Applicability section * * *. 
Depending on the results, replacement, rework and/or additional 
identification of the valves may be required.

[[Page 260]]

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 1,600 flight hours or 18 months after the effective 
date of this AD, whichever occurs first: Do an inspection to 
determine the serial number and identification markings on the 
selector valve of the NLG and the door selector valve of the NLG, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-32-104, dated March 3, 2009.
    (2) For any airplane having both the selector valve of the NLG 
and the door selector valve of the NLG that have a serial number 
outside the range 0001 through 2126 inclusive, suffix ``T'' 
identification, or ``SB750006000-1'' marking, no further action is 
required for that valve.
    (3) For any selector valve of the NLG or any door selector valve 
of the NLG that does not have any serial number or identification 
marking specified in paragraph (f)(2) of this AD: Before further 
flight, after doing the inspection required by paragraph (f)(1) of 
this AD, inspect to determine the torque value and correct lockwire 
installation of the valve, and modify (replace, rework, or re-
identify) the valve, as applicable, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-32-
104, dated March 3, 2009.

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: Program 
Manager, Continuing Operational Safety, FAA, New York ACO, 1600 
Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 
228-7300; 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-2009-19, 
dated April 29, 2009; and Bombardier Service Bulletin 601R-32-104, 
dated March 3, 2009; for related information.

    Issued in Renton, Washington, on December 23, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-31290 Filed 1-4-10; 8:45 am]
BILLING CODE 4910-13-P