[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Proposed Rules]
[Pages 8559-8563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3827]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0169; Directorate Identifier 2009-NM-102-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model CL-600-1A11 (CL-
600), CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and 
CL-604 Variants) 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 that would supersede an existing AD. 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.

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

[[Page 8560]]


DATES: We must receive comments on this proposed AD by April 12, 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-2010-0169; 
Directorate Identifier 2009-NM-102-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

    On June 25, 2007, we issued AD 2007-14-02, Amendment 39-15124 (72 
FR 38004, July 12, 2007). That AD required actions intended to address 
an unsafe condition on the products listed above.
    Since we issued AD 2007-14-02, we have received a report that a 
number of nose landing gears (NLG) and door selector valves of the NLG 
may have had their end caps incorrectly lock-wired and incorrectly 
torqued during assembly. Transport Canada Civil Aviation, which is the 
aviation authority for Canada, has issued Canadian Airworthiness 
Directive CF-2009-21R1, dated May 20, 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.
    Although there have been no such cases reported on the 
Challenger models covered by this directive, there have been six 
cases reported on the CRJ (CL600-2B19) aircraft, one of which 
resulted in the collapse of the NLG at the departure gate.
    This directive mandates a check of the 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.
    This [MCAI] revision corrects a Service Bulletin number in the 
Corrective Actions table.
    Notes:
    1. The check is required whether or not an aircraft has 
previously been checked in accordance with AD CF-2006-16R1 (now 
superseded and cancelled by this AD). This is necessary since, 
following the issuance of AD CF-2006-16R1, it has been determined 
that the serial number (S/N) range of the affected valves requires 
expansion from the previous upper limit of S/N 0767 to S/N 2126 and 
the exact location of each of these additional valves is unknown.
    2. Valves that have a S/N with suffix ``T'' have been 
manufactured by Tactair Fluid Controls Inc. and do not require any 
corrective action.
    3. Valves manufactured by Kaiser Fluid Technologies, P/N 
750006000, with S/N 0001 through 2126, and ink stamp ``SB750006000-
1'', have already been checked and reworked as necessary and do not 
require any additional corrective action.
    4. The Illustrated Parts Catalog, for each of the models covered 
in the Applicability section * * *, gives instructions not to 
install a valve manufactured by Kaiser Fluid Technologies, P/N 
750006000, with S/N 0001 through 2126, if the marking ``SB750006000-
1'' is not ink stamped on the valve.
    5. CL-600-2B16 (CL-605) aircraft, S/Ns 5701 and subsequent, are 
not affected by this directive. They were delivered with valves, P/N 
750006000, that have either a S/N with suffix ``T'' or have the ink 
stamp marking ``SB750006000-1''.

    We have clarified the applicability of this AD by removing serial 
numbers 5666 through 5699 that were included in AD 2007-14-02. Those 
serial numbers do not exist for the affected airplane models in this 
AD. You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 600-0721, Revision 03, dated 
February 23, 2009; Service Bulletin 601-0558, Revision 03, dated 
February 23, 2009; and Service Bulletin 604-32-021, Revision 04, dated 
February 23, 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

[[Page 8561]]

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 82 products of U.S. registry.
    The actions that are required by AD 2007-14-02 and retained in this 
proposed AD take about 1 work-hour per product, at an average labor 
rate of $85 per work hour. Based on these figures, the estimated cost 
of the currently required actions for U.S. operators is $6,970, or $85 
per product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $6,970, or $85 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 removing Amendment 39-15124 (72 FR 
38004, July 12, 2007) and adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2010-0169; Directorate Identifier 
2009-NM-102-AD.

Comments Due Date

    (a) We must receive comments by April 12, 2010.

Affected ADs

    (b) The proposed AD supersedes AD 2007-14-02, Amendment 39-
15124.

Applicability

    (c) This AD applies to 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), serial numbers 1004 through 1085 
inclusive.
    (2) Model CL-600-2A12 (CL-601), serial numbers 3001 through 3066 
inclusive.
    (3) Model CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604), serial 
numbers 5001 through 5194 inclusive, and serial numbers 5301 through 
5665 inclusive.

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.
    ``Although there have been no such cases reported on the 
Challenger models covered by this directive, there have been six 
cases reported on the CRJ (CL600-2B19) aircraft, one of which 
resulted in the collapse of the NLG at the departure gate.
    ``This directive mandates a check of the 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.
    ``This [MCAI] revision corrects a Service Bulletin number in the 
Corrective Actions table.
    ``Notes:
    ``1. The check is required whether or not an aircraft has 
previously been checked in accordance with AD CF-2006-16R1 (now 
superseded and cancelled by this AD). This is necessary since, 
following the issuance of AD CF-2006-16R1, it has been determined 
that the serial number (S/N) range of the affected valves requires 
expansion from the previous upper limit of S/N 0767 to S/N 2126 and 
the exact location of each of these additional valves is unknown.
    ``2. Valves that have a S/N with suffix `T' have been 
manufactured by Tactair Fluid Controls Inc. and do not require any 
corrective action.
    ``3. Valves manufactured by Kaiser Fluid Technologies, P/N 
750006000, with S/N 0001 through 2126, and ink stamp `SB750006000-
1', have already been checked and reworked as necessary and do not 
require any additional corrective action.
    ``4. The Illustrated Parts Catalog, for each of the models 
covered in the Applicability section * * *, gives instructions not 
to install a valve manufactured by Kaiser Fluid Technologies, P/N 
750006000, with S/N 0001 through 2126, if the marking `SB750006000-
1' is not ink stamped on the valve.
    ``5. CL-600-2B16 (CL-605) aircraft, S/Ns 5701 and subsequent, 
are not affected by this

[[Page 8562]]

directive. They were delivered with valves, P/N 750006000, that have 
either a S/N with suffix `T' or have the ink stamp marking 
`SB750006000-1'.''

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.

Restatement of Requirements of AD 2007-14-02 With New Service 
Information but No Changes to Actions

Inspection and Corrective Action

    (g) For airplanes having serial numbers (S/Ns) as identified in 
the service bulletins specified in Table 1 of this AD, as 
applicable: Within 500 flight hours or 12 months after August 16, 
2007 (the effective date AD 2007-14-02), whichever occurs first, 
inspect to determine the manufacturer part numbers (P/Ns) and serial 
numbers of the selector valves of the nose landing gear (NLG) and 
nose gear door. A review of airplane maintenance records is 
acceptable in lieu of this inspection if the serial numbers of the 
selector valves can be conclusively determined from that review. For 
any subject selector valve having Tactair Fluid Controls P/N 
750006000 and a S/N from 0001 through 0767 inclusive, before further 
flight, do related investigative (including a general visual 
inspection for proper installation of the lock wire of the end cap) 
and corrective actions; in accordance with the applicable service 
bulletin identified in Table 1 of this AD. After the effective date 
of this AD, use only the applicable service bulletin specified in 
Table 2 of this AD.

                                      Table 1--Bombardier Service Bulletins
----------------------------------------------------------------------------------------------------------------
                                        Bombardier Service
               Model--                      Bulletin--         Revision--                  Dated--
----------------------------------------------------------------------------------------------------------------
CL-600-1A11 (CL-600) airplanes.......              600-0721              01  February 20, 2006.
CL-600-2A12 (CL-601), and CL-600-2B16              601-0558              01  February 20, 2006.
 (CL-601-3A and CL-601-3R) airplanes.
CL-600-2B16 (CL-604) airplanes.......            604-32-021              02  February 20, 2007.
----------------------------------------------------------------------------------------------------------------


                       Table 2--Bombardier Service Bulletins for Paragraph (g) of This AD
----------------------------------------------------------------------------------------------------------------
                                        Bombardier Service
               Model--                      Bulletin--         Revision--                  Dated--
----------------------------------------------------------------------------------------------------------------
CL-600-1A11 (CL-600) airplanes.......              600-0721              03  February 23, 2009.
CL-600-2A12 (CL-601), and CL-600-2B16              601-0558              03  February 23, 2009.
 (CL-601-3A and CL-601-3R) airplanes.
CL-600-2B16 (CL-604) airplanes.......            604-32-021              04  February 23, 2009.
----------------------------------------------------------------------------------------------------------------


    Note 1: Operators should be aware that selector valves having 
Bombardier P/N 601R75146-1 may be supplied by different 
manufacturers and have different manufacturer part numbers. Only 
airplanes having selector valves manufactured by Tactair Fluid 
Controls, having P/N 750006000, are subject to the investigative and 
corrective actions specified in paragraph (g) of this AD.


    Note 2: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''


    Note 3: The service bulletins identified in Table 1 of this AD 
refer to Tactair Fluid Controls Service Bulletin SB750006000-1, 
Revision A, dated September 6, 2005, as an additional source of 
service information for doing the related investigative and 
corrective actions required by this AD.

Actions Accomplished According to Previous Issue of Service 
Bulletin

    (h) Actions accomplished before August 16, 2007, in accordance 
with Bombardier Service Bulletin 604-32-021, Revision 01, dated 
February 20, 2006 (for Model CL-600-2B16 (CL-605) airplanes), are 
considered acceptable for compliance with the corresponding actions 
specified in paragraph (g) of this AD.

New Requirements of This AD

Actions

    (i) Unless already done, do the following actions.
    (1) Within 250 flight hours or within 6 months after the 
effective date of this AD, whichever occurs first: Do an inspection 
of the selector valve of the NLG and the door selector valve of the 
NLG to determine if P/N 601R75146-1 (Kaiser Fluid Technologies P/N 
750006000) is installed, in accordance with the Accomplishment 
Instructions of the applicable service bulletin listed in Table 3 of 
this AD. Doing the inspection required by this paragraph terminates 
the inspection required by paragraph (g) of this AD.

                  Table 3--Bombardier Service Bulletins for Actions in Paragraph (h) of This AD
----------------------------------------------------------------------------------------------------------------
                                        Bombardier Service
               Model--                      Bulletin--         Revision--                   Date--
----------------------------------------------------------------------------------------------------------------
CL-600-1A11 (CL-600) airplanes.......              600-0721              03  February 23, 2009.
CL-600-2A12 (CL-601), and CL-600-2B16              601-0558              03  February 23, 2009.
 (CL-601-3A and CL-601-3R) airplanes.
CL-600-2B16 (CL-604) airplanes.......            604-32-021              04  February 23, 2009.
----------------------------------------------------------------------------------------------------------------

     (2) If, during any inspection required by paragraph (i)(1) of 
this AD, any selector valve having P/N 601R75146-1 (Kaiser Fluid 
Technologies P/N 750006000) and having a S/N from 0001 through 2126 
inclusive without a suffix ``T'' is found, and the valve is not ink-
stamped with the marking ``SB750006000-1'': Before further flight, 
do a general visual inspection for proper

[[Page 8563]]

installation of the lock wire of the end cap, and replace it with a 
serviceable selector valve as applicable, in accordance with the 
Accomplishment Instructions in the applicable service bulletin 
listed in Table 3 of this AD.
    (3) Doing the actions before the effective date of this AD in 
accordance with the applicable service bulletin listed in Table 4 of 
this AD is acceptable for compliance with the corresponding actions 
specified in this AD.

                    Table 4--Credit Service Bulletins
------------------------------------------------------------------------
      Service Bulletin        Revision level             Date
------------------------------------------------------------------------
Bombardier Service Bulletin               02  June 16, 2008.
 600-0721.
Bombardier Service Bulletin               02  June 16, 2008.
 601-0558.
Bombardier Service Bulletin               03  June 16, 2008.
 604-32-021.
------------------------------------------------------------------------

FAA AD Differences

    Note 4: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (j) 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

    (k) Refer to MCAI Canadian Airworthiness Directive CF-2009-21R1, 
dated May 20, 2009; Bombardier Service Bulletin 600-0721, Revision 
03, dated February 23, 2009; Bombardier Service Bulletin 601-0558, 
Revision 03, dated February 23, 2009; and Bombardier Service 
Bulletin 604-32-021, Revision 04, dated February 23, 2009; for 
related information.

    Issued in Renton, Washington, on February 17, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3827 Filed 2-24-10; 8:45 am]
BILLING CODE 4910-13-P