[Federal Register Volume 75, Number 29 (Friday, February 12, 2010)]
[Proposed Rules]
[Pages 6862-6865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0039; Directorate Identifier 2009-NM-239-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model CL-600-1A11 (CL-
600), CL-600-2A12 (CL-601), CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-
604 Variants (Including CL-605 Marketing Variant)) 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:

    Seven cases of on-ground hydraulic accumulator screw cap or end 
cap failure have been experienced on CL-600-2B19 (CRJ) aircraft, 
resulting in loss of the associated hydraulic system and high-energy 
impact damage to adjacent systems and structure. * * *
* * * * *
    A detailed analysis of the systems and structure in the 
potential line of trajectory of a failed screw cap/end cap for each 
accumulator * * * has been conducted. It has been identified that 
the worst case scenario would be failure of one of the brake 
accumulator screw caps/end caps, resulting in impact damage causing 
loss of both hydraulic systems No. 2 and No. 3, with consequent loss 
of both braking and nose wheel steering and the potential for a 
runway excursion [resulting in damage to the airplane and hazards to 
persons or property on the ground].
* * * * *
The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

[[Page 6863]]


DATES: We must receive comments on this proposed AD by March 29, 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: 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:

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-2010-0039; 
Directorate Identifier 2009-NM-239-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-
2009-39, dated October 27, 2009 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Seven cases of on-ground hydraulic accumulator screw cap or end 
cap failure have been experienced on CL-600-2B19 (CRJ) aircraft, 
resulting in loss of the associated hydraulic system and high-energy 
impact damage to adjacent systems and structure. The lowest number 
of flight cycles accumulated at the time of failure, to date, has 
been 6991 flight cycles.
    Although there have been no failures to date on any CL-600-1A11, 
CL-600-2A12 or CL-600-2B16 aircraft, the same accumulators as those 
installed on the CL-600-2B19, Part Numbers (P/N) 08-60163-001, 08-
60163-002, 08-60164-001 and 08-60164-002, are installed on some of 
the aircraft listed in the Applicability section of this directive.
    Notes:
    1. Earlier accumulators, P/Ns 2770571-102, 2770571-103, 2770571-
104 and 2770571-105, were installed in production on the following 
aircraft: CL-600-1A11 [all Serial Numbers (S/Ns)], CL-600-2A12 (all 
S/Ns) and CL-600-2B16 (S/Ns 5001 through 5194 and 5301 through 5524 
only). These accumulators do not require inspection or replacement. 
However, if any of the accumulators with the above P/Ns have been 
replaced in-service by P/Ns 08-60163-001, 08-60163-002, 08-60164-001 
and 08-60164-002, these latter accumulators require replacement.
    2. The only accumulators ever installed on CL-600-2B16 aircraft, 
S/Ns 5525 through 5665 and 5701 and subsequent, are P/Ns 08-60163-
001, 08-60163-002, 08-60164-001 and 08-60164-002; these accumulators 
require replacement.
    A detailed analysis of the systems and structure in the 
potential line of trajectory of a failed screw cap/end cap for each 
accumulator, P/Ns 08-60163-001, 08-60163-002, 08-60164-001 and 08-
60164-002, has been conducted. It has been identified that the worst 
case scenario would be failure of one of the brake accumulator screw 
caps/end caps, resulting in impact damage causing loss of both 
hydraulic systems No. 2 and No. 3, with consequent loss of both 
braking and nose wheel steering and the potential for a runway 
excursion [resulting in damage to the airplane and hazards to 
persons or property on the ground].
    This directive gives instructions to perform identification and 
records checks, where applicable, and replace accumulators, P/Ns 08-
60163-001, 08-60163-002, 08-60164-001 and 08-60164-002, within the 
time compliance specified.

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

Relevant Service Information

    Bombardier has issued Service Bulletins 600-0742, 601-0597, 604-29-
008, and 605-29-001, all Revision 01, all dated July 6, 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.

[[Page 6864]]

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 340 products of U.S. registry. We also estimate that 
it would take about 20 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $7,717 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 $3,201,780, or $9,417 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.: Docket No. FAA-2010-0039; Directorate Identifier 
2009-NM-239-AD.

Comments Due Date

    (a) We must receive comments by March 29, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Bombardier, Inc. airplanes, 
certificated in any category, identified in paragraphs (c)(1), 
(c)(2), and (c)(3) of this AD.
    (1) Model CL-600-1A11 (CL-600) airplanes, serial numbers 1004 
through 1085 inclusive;
    (2) CL-600-2A12 (CL-601) airplanes, serial numbers 3001 through 
3066 inclusive; and
    (3) CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604) airplanes, 
serial numbers 5001 through 5194 inclusive, 5301 through 5665 
inclusive, and 5701 and subsequent.

    Note 1: Some Model CL-600-2B16 (CL-604) airplanes might be 
referred to by the marketing designation CL-605.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic power.

Reason

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

    Seven cases of on-ground hydraulic accumulator screw cap or end 
cap failure have been experienced on CL-600-2B19 (CRJ) aircraft, 
resulting in loss of the associated hydraulic system and high-energy 
impact damage to adjacent systems and structure. The lowest number 
of flight cycles accumulated at the time of failure, to date, has 
been 6991 flight cycles.
    Although there have been no failures to date on any CL-600-1A11, 
CL-600-2A12 or CL-600-2B16 aircraft, the same accumulators as those 
installed on the CL-600-2B19, Part Numbers (P/N) 08-60163-001, 08-
60163-002, 08-60164-001 and 08-60164-002, are installed on some of 
the aircraft listed in the Applicability section of this directive.
    Notes:
    1. Earlier accumulators, P/Ns 2770571-102, 2770571-103, 2770571-
104 and 2770571-105, were installed in production on the following 
aircraft: CL-600-1A11 [all Serial Numbers (S/Ns)], CL-600-2A12 (all 
S/Ns) and CL-600-2B16 (S/Ns 5001 through 5194 and 5301 through 5524 
only). These accumulators do not require inspection or replacement. 
However, if any of the accumulators with the above P/Ns have been 
replaced in-service by P/Ns 08-60163-001, 08-60163-002, 08-60164-001 
and 08-60164-002, these latter accumulators require replacement.
    2. The only accumulators ever installed on CL-600-2B16 aircraft, 
S/Ns 5525 through 5665 and 5701 and subsequent, are P/Ns 08-60163-
001, 08-60163-002, 08-60164-001 and 08-60164-002; these accumulators 
require replacement.
    A detailed analysis of the systems and structure in the 
potential line of trajectory of a failed screw cap/end cap for each 
accumulator, P/Ns 08-60163-001, 08-60163-002, 08-60164-001 and 08-
60164-002, has been conducted. It has been identified that the worst 
case scenario would be failure of one of the brake accumulator screw 
caps/end caps, resulting in impact damage causing loss of both 
hydraulic systems No. 2 and No. 3, with consequent loss of both 
braking and nose wheel steering and the potential for a runway 
excursion [resulting in damage to the airplane and hazards to 
persons or property on the ground].
    This directive gives instructions to perform identification and 
records checks, where applicable, and replace accumulators, P/Ns 08-
60163-001, 08-60163-002, 08-60164-001 and 08-60164-002, within the 
time compliance specified.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Do the following actions as applicable.
    (1) Within 50 flight hours after the effective date of this AD, 
inspect to determine the part numbers of the system accumulators 
numbers 1, 2, and 3 and brake accumulators numbers 2 and 3 that are 
installed on the airplane. A review of airplane maintenance records 
is acceptable in lieu of this inspection if the part number of the 
accumulator can be conclusively determined from that review. If all 
of the installed accumulators have P/N 2770571-102, 2770571-103, 
2770571-104, or 2770571-105, no further action is required by this 
AD.
    (2) At the applicable time in paragraph (g)(2)(i), (g)(2)(ii), 
or (g)(2)(iii) of this AD, replace the accumulator with a new 
accumulator with the same part number, in

[[Page 6865]]

accordance with the Accomplishment Instructions of the applicable 
service bulletin listed in Table 1 of this AD.

                                           Table 1--Service Bulletins
----------------------------------------------------------------------------------------------------------------
                                                 Bombardier
               Airplane model--                    Service     Revision--                 Dated--
                                                 Bulletin--
----------------------------------------------------------------------------------------------------------------
CL-600-1A11 (CL-600).........................        600-0742          01  July 6, 2009.
CL-600-2A12 (CL-601).........................        601-0597          01  July 6, 2009.
CL-600-2B16 (CL-601-3A, CL-601-3R variant)...
CL-600-2B16 (CL-604 variant).................      604-29-008          01  July 6, 2009.
CL-600-2B16 (CL-605).........................      605-29-001          01  July 6, 2009.
----------------------------------------------------------------------------------------------------------------

    (i) For each accumulator (P/Ns 08-60163-001, 08-60163-002, 08-
60164-001, and 08-60164-002) that has accumulated more than 3,650 
total flight cycles as of the effective date of this AD, replace the 
accumulator within 100 flight cycles after the effective date of 
this AD.
    (ii) For each accumulator (P/Ns 08-60163-001, 08-60163-002, 08-
60164-001, and 08-60164-002) that has accumulated 3,650 total flight 
cycles or fewer as of the effective date of this AD, replace the 
accumulator before the accumulation of 3,750 total flight cycles on 
the accumulator.
    (iii) For each accumulator (P/Ns 08-60163-001, 08-60163-002, 08-
60164-001, and 08-60164-002) for which it is not possible to 
determine the number of flight cycles accumulated, replace the 
accumulator within 100 flight cycles after the effective date of 
this AD.
    (3) Thereafter, before the accumulation of 3,750 total flight 
cycles on any accumulator having P/N 08-60163-001, 08-60163-002, 08-
60164-001, or 08-60164-002, replace the accumulator with a new 
accumulator having the same part number, in accordance with the 
Accomplishment Instructions of the applicable service bulletin 
listed in Table 1 of this AD.
    (4) Replacement of an accumulator with a new accumulator having 
the same part number is also acceptable for compliance with the 
requirements of paragraph (g)(2) of this AD, if done before the 
effective date of this AD in accordance with the applicable service 
bulletin listed in Table 2 of this AD:

                   Table 2--Previous Service Bulletins
------------------------------------------------------------------------
                                Bombardier
      Airplane model--            Service               Dated--
                                Bulletin--
------------------------------------------------------------------------
CL-600-1A11 (CL-600)........        600-0742  November 10, 2008.
CL-600-2A12 (CL-601)........        601-0597  November 10, 2008.
CL-600-2B16 (CL-601-3A, CL-
 601-3R variant).
CL-600-2B16 (CL-604 variant)      604-29-008  November 10, 2008.
CL-600-2B16 (CL-605)........      605-29-001  November 10, 2008.
------------------------------------------------------------------------

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The MCAI specifies that certain airplanes do not need to be 
inspected for the part number; however, this AD requires that 
inspections be done on all airplanes to determine the part number.
    (2) The MCAI specifies to record the number of flight cycles 
accumulated on each affected part. This AD does not require that 
operators record the number of flight cycles.

Other FAA AD Provisions

    (h) 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

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2009-39, 
dated October 27, 2009, and the service bulletins listed in Table 1 
of this AD, for related information.

    Issued in Renton, Washington, on February 5, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-2993 Filed 2-11-10; 8:45 am]
BILLING CODE 4910-13-P