[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Rules and Regulations]
[Pages 38011-38014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15818]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1227; Directorate Identifier 2009-NM-119-AD; 
Amendment 39-16347; AD 2010-14-02]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model CL-600-2B16 (CL-
604 Variant) Airplanes

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

ACTION: Final rule.

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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:

    Two cases of a crack on a ``dry'' ADG [air driven generator] 
(Hamilton Sundstrand part number in the 761339 series), in the aft 
area of the strut and generator housing assembly, have been reported 
on CL-600-2B19 aircraft. The same part number is also installed on 
CL-600-2B16 (CL-604) aircraft. Investigation determined that the 
crack was in an area of the strut where the wall thickness of the 
casting was below specification, due to a manufacturing anomaly in a 
specific batch of ADGs. Structural failure and departure of the ADG 
during deployment could possibly result in damage to the aircraft 
structure. If deployment were activated by a dual engine shutdown, 
ADG structural failure would also result in loss of hydraulics for 
the flight controls.
* * * * *

The unsafe condition is possible loss of control of the airplane. We 
are issuing this AD to require actions to correct the unsafe condition 
on these products.

DATES: This AD becomes effective August 5, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 5, 
2010.

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: Craig Yates, 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) 228-7355; 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 January 4, 2010 (75 
FR 91). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Two cases of a crack on a ``dry'' ADG [air driven generator] 
(Hamilton Sundstrand part number in the 761339 series), in the aft 
area of the strut and generator housing assembly, have been reported 
on CL-600-2B19 aircraft. The same part number is also installed on 
CL-600-2B16 (CL-604) aircraft. Investigation determined that the 
crack was in an area of the strut where the wall thickness of the 
casting was below specification, due to a manufacturing anomaly in a 
specific batch of ADGs. Structural failure and departure of the ADG 
during deployment could possibly result in damage to the aircraft 
structure. If deployment were activated by a dual engine shutdown, 
ADG structural failure would also result in loss of hydraulics for 
the flight controls.
    This directive gives instructions to check the part number of 
the installed ADG and, for ADGs with a part number in the 761339 
series, the serial numbers of the ADG and the strut and generator 
housing assembly are also to be checked. If these serial numbers are 
within specified ranges * * *, initial and

[[Page 38012]]

subsequent repeat fluorescent penetrant inspections of the ADG strut 
are required.
    This directive also gives instructions to perform a fluorescent 
penetrant inspection after each unscheduled in-flight ADG deployment 
and a [general] visual inspection after each unscheduled on-ground 
ADG deployment. Instructions regarding re-identification (where 
applicable) and replacement parts are also included.

The unsafe condition is possible loss of control 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.

Request to Change Table 1

    Bombardier Aerospace (Bombardier) asks that we change Table 1 of 
the NPRM to refer to Bombardier Alert Service Bulletin A604-24-017, 
Revision 01, dated January 15, 2007, instead of Bombardier Alert 
Service Bulletin A604-24-017, dated May 6, 2005. Bombardier states that 
Revision 01 is referenced throughout the NPRM.
    We do not agree with the commenter. The service information 
identified in Table 1 of this AD is to give credit for inspections done 
before the effective date of the AD in accordance with previously 
issued service information. Revision 01 of Bombardier Alert Service 
Bulletin A604-24-017 is the appropriate source of service information 
for accomplishing the actions required after the effective date of this 
AD. We have made no change to the AD in this regard.

Request to Change Paragraph (f)(4)

    Bombardier asks that the inspection type specified in paragraph 
(f)(4) of the NPRM be changed from a general visual inspection to a 
fluorescent penetrant inspection. Bombardier states that Bombardier 
Alert Service Bulletin A604-24-017, Revision 01, dated January 15, 
2007, specifies a fluorescent penetrant inspection.
    We agree with the commenter. Part III of the Transport Canada Civil 
Aviation (TCCA) AD, which equates to paragraph (f)(4) of this AD, 
requires merely ``inspecting'' the ADG strut; therefore, to further 
clarify the type of inspection, we inadvertently described a general 
visual inspection. However, Bombardier Alert Service Bulletin A604-24-
017, Revision 01, dated January 15, 2007, specifies a fluorescent 
penetrant inspection of the ADG strut for cracks, which we subsequently 
determined is the correct inspection type. Therefore, we have changed 
paragraph (f)(4) of this AD to require a fluorescent penetrant 
inspection of the ADG strut for cracks.

Explanation of Additional Changes Made to This AD

    We have changed this AD to identify the name of the manufacturer as 
published in the most recent type certificate data sheet for the 
affected airplane models.
    Paragraph (f)(1)(ii)(C)(1) of this AD was changed to clarify that 
the sub-paragraphs identified within that paragraph as (f)(6), (f)(7), 
and (f)(8), should have been identified as paragraphs (f)(5), (f)(6), 
and (f)(7).

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.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 378 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $0 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 parts. 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 this AD to the U.S. operators 
to be $64,260, or $170 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

[[Page 38013]]

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

0
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:

2010-14-02 Bombardier, Inc.: Amendment 39-16347. Docket No. FAA-
2009-1227; Directorate Identifier 2009-NM-119-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
5, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2B16 (CL-
604 Variant) airplanes; certificated in any category; serial numbers 
5408 through 5665 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 24: 
Electrical Power.

Reason

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

    Two cases of a crack on a ``dry'' ADG [air driven generator] 
(Hamilton Sundstrand part number in the 761339 series), in the aft 
area of the strut and generator housing assembly, have been reported 
on CL-600-2B19 aircraft. The same part number is also installed on 
CL-600-2B16 (CL-604) aircraft. Investigation determined that the 
crack was in an area of the strut where the wall thickness of the 
casting was below specification, due to a manufacturing anomaly in a 
specific batch of ADGs. Structural failure and departure of the ADG 
during deployment could possibly result in damage to the aircraft 
structure. If deployment were activated by a dual engine shutdown, 
ADG structural failure would also result in loss of hydraulics for 
the flight controls.
    This directive gives instructions to check the part number of 
the installed ADG and, for ADGs with a part number in the 761339 
series, the serial numbers of the ADG and the strut and generator 
housing assembly are also to be checked. If these serial numbers are 
within specified ranges * * *, initial and subsequent repeat 
fluorescent penetrant inspections of the ADG strut are required.
    This directive also gives instructions to perform a fluorescent 
penetrant inspection after each unscheduled in-flight ADG deployment 
and a [general] visual inspection after each unscheduled on-ground 
ADG deployment. Instructions regarding re-identification (where 
applicable) and replacement parts are also included.

The unsafe condition is possible loss of control of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 400 flight hours after the effective date of this AD, 
inspect to determine the part number of the installed ADG and 
accomplish the actions required by paragraph (f)(1)(i) or (f)(1)(ii) 
of this AD, as applicable. A review of airplane maintenance records 
is acceptable in lieu of this inspection if the part number of the 
ADG can be conclusively determined from that review.
    (i) If the part number of the ADG is 604-90800-23 (Hamilton 
Sundstrand part number 1711405), the strut wall thickness is within 
specification and no further action is required by this paragraph.
    (ii) If the part number of the ADG is 604-90800-1, -17 or -19 
(Hamilton Sundstrand part number in the 761339 series), inspect to 
determine the ADG serial number and do the applicable action 
required by paragraph (f)(1)(ii)(A), (f)(1)(ii)(B), or (f)(1)(ii)(C) 
of this AD. A review of airplane maintenance records is acceptable 
in lieu of this inspection if the serial number of the ADG can be 
conclusively determined from that review.
    (A) If the serial number of the ADG is 2000 or higher, the strut 
wall thickness is within specification and only re-identification is 
required. Do the actions required by paragraph (f)(8) of this AD.
    (B) If the serial number of the ADG is in the range 0101 through 
1999 inclusive, and the symbol 24-3 is marked in the serial number 
block of the identification plate, the strut wall thickness is 
within specification and only re-identification is required. Do the 
actions required by paragraph (f)(8) of this AD.
    (C) If the serial number of the ADG is in the range 0101 through 
1999 inclusive, and the symbol 24-3 is not marked in the serial 
number block of the identification plate, inspect to determine the 
serial number of the strut and generator housing assembly and do the 
applicable action required by paragraph (f)(1)(ii)(C)(1) or 
(f)(1)(ii)(C)(2) of this AD, as applicable.

    Note 1: Guidance on serial number location can be found in 
Figure 1, Sheet 1, of Hamilton Sundstrand Service Bulletin ERPS10AG-
24-3, Revision 3, dated March 12, 2009.

    (1) If the serial number of the strut and generator housing 
assembly is in the range 0001 through 2503 inclusive, the 
fluorescent penetrant inspection specified in paragraph (f)(2) of 
this AD is required. For airplanes on which an unscheduled in-flight 
or on-ground ADG deployment has occurred after accomplishing the 
actions required by this paragraph, do the actions required by 
paragraph (f)(5), (f)(6), or (f)(7) of this AD, as applicable.
    (2) If the serial number of the strut and generator housing 
assembly is 2504 or higher, the strut wall thickness is within 
specification and only re-identification is required. Do the actions 
required by paragraph (f)(8) of this AD.
    (2) For airplanes having a strut and generator housing assembly 
identified in paragraph (f)(1)(ii)(C)(1) of this AD, except for 
airplanes with serial numbers 5611 through 5665 on which Bombardier 
conducted the initial fluorescent penetrant inspection prior to 
aircraft delivery and on which the ADG has not been replaced since 
aircraft delivery: Within 400 flight hours after the effective date 
of this AD, do a fluorescent penetrant inspection of the ADG strut, 
and replace the ADG, as applicable, in accordance with paragraphs 
2.A., 2.C., and 2.D. of the Accomplishment Instructions in 
Bombardier Alert Service Bulletin A604-24-017, Revision 01, dated 
January 15, 2007. If the ADG is replaced by an ADG with part number 
604-90800-23 (Hamilton Sundstrand part number 1711405), no further 
action is required by this paragraph. Accomplishing the requirements 
in paragraph (f)(4) of this AD is required for airplanes on which 
each ADG has been inspected in accordance with this paragraph.
    (3) Accomplishment of the fluorescent penetrant inspection 
before the effective date of this AD in accordance with the 
applicable service information identified in Table 1 of this AD is 
acceptable for compliance with the requirements of paragraph (f)(2) 
of this AD.

                                     Table 1--Acceptable Service Information
----------------------------------------------------------------------------------------------------------------
                     Document                              Revision                          Date
----------------------------------------------------------------------------------------------------------------
Bombardier Alert Service Bulletin                  Original................  May 6, 2005.
 A604[dash]24[dash]017.
Hamilton Sundstrand Service Bulletin ERPS10AG-24-  Original................  April 14, 2005.
 3.
Hamilton Sundstrand Service Bulletin ERPS10AG-24-  Revision 1..............  April 19, 2005.
 3.
Hamilton Sundstrand Service Bulletin ERPS10AG-24-  Revision 2..............  November 14, 2006.
 3.
Hamilton Sundstrand Service Bulletin ERPS10AG-24-  Revision 3..............  March 12, 2009.
 3.
----------------------------------------------------------------------------------------------------------------



[[Page 38014]]

    Note 2: In Hamilton Sundstrand Service Bulletin ERPS10AG-24-3, 
the fluorescent penetrant inspection is referred to as a ``penetrant 
check.''

    (4) As of the effective date of this AD, for airplanes on which 
the inspection required by paragraph (f)(2) of this AD has been done 
and on which a scheduled ADG operational test is performed: Before 
further flight after each test, do a fluorescent penetrant 
inspection of the ADG strut for cracks, and replace the ADG if any 
crack is found, in accordance with paragraphs 2.A., 2.C., and 2.D. 
of the Accomplishment Instructions in Bombardier Alert Service 
Bulletin A604-24-017, Revision 01, dated January 15, 2007. If the 
ADG is replaced by an ADG with part number 604-90800-23 (Hamilton 
Sundstrand part number 1711405), no further action is required by 
this paragraph.
    (5) As of the effective date of this AD, for airplanes 
identified in paragraph (f)(1)(ii)(C)(1) of this AD on which an 
unscheduled in-flight ADG deployment occurs: Before further flight 
after each deployment, do a general visual inspection of the ADG 
strut for cracks, and replace the ADG if any crack is found, in 
accordance with paragraphs 2.A., 2.B., and 2.D. of the 
Accomplishment Instructions in Bombardier Alert Service Bulletin 
A604-24-017, Revision 01, dated January 15, 2007. [If the ADG is 
replaced by an ADG with part number 604-90800-23 (Hamilton 
Sundstrand part number 1711405), no further action is required by 
this paragraph.] The general visual inspection required by this 
paragraph is not required if the fluorescent penetrant inspection 
required by paragraph (f)(6) of this AD is performed before further 
flight.
    (6) For airplanes identified in paragraph (f)(1)(ii)(C)(1) of 
this AD on which an unscheduled in-flight ADG deployment occurs: 
Within 3 days or 10 hours time-in-service, whichever comes first, 
after each deployment, perform a fluorescent penetrant inspection of 
the ADG strut, and replace the ADG, as applicable, in accordance 
with paragraphs 2.A., 2.C., and 2.D. of the Accomplishment 
Instructions in Bombardier Alert Service Bulletin A604-24-017, 
Revision 01, dated January 15, 2007. If the ADG is replaced by an 
ADG with part number 604-90800-23 (Hamilton Sundstrand part number 
1711405), no further action is required by this paragraph.
    (7) For airplanes identified in paragraph (f)(1)(ii)(C)(1) of 
this AD on which an unscheduled on-ground ADG deployment task is 
done: Before further flight after each deployment, do a general 
visual inspection of the ADG strut for cracks, and replace the ADG 
if any crack is found, in accordance with paragraphs 2.A., 2.B., and 
2.D. of the Accomplishment Instructions in Bombardier Alert Service 
Bulletin A604-24-017, Revision 01, dated January 15, 2007. If the 
ADG is replaced by an ADG with part number 604-90800-23 (Hamilton 
Sundstrand part number 1711405), no further action is required by 
this paragraph.
    (8) For airplanes identified in paragraphs (f)(1)(ii)(A), 
(f)(1)(ii)(B), and (f)(1)(ii)(C)(2) of this AD: Within 400 flight 
hours after the effective date of this AD, re-identify the ADG, in 
accordance with the Accomplishment Instructions in Bombardier 
Service Bulletin 604-24-019, dated October 1, 2007. Following re-
identification, no further action is required by this paragraph.

    Note 3:  Paragraph (f)(8) of this AD is applicable only if 
required by paragraph (f)(1)(ii)(A), (f)(1)(ii)(B), or 
(f)(1)(ii)(C)(2) of this AD. The strut wall thickness of the ADGs 
specified in these paragraphs is not below specification.

    (9) As of the effective date of this AD, no person may install 
an ADG having part number 604-90800-1, -17, or -19 (Hamilton 
Sundstrand part number in the 761339 series) on any airplane if the 
serial number of the ADG is in the range 0101 through 1999 strut and 
the serial number of the generator housing assembly is in the range 
0001 through 2503.

    Note 4: The Bombardier CL-604 Illustrated Parts Catalog 
specifies that, for an ADG with a Hamilton Sundstrand part number in 
the 761339 series, future procurement is to be an ADG with Hamilton 
Sundstrand part number 1711405.

    (10) Although Bombardier Alert Service Bulletin A604-24-017, 
Revision 01, dated January 15, 2007; and Service Bulletin 604-24-
019, dated October 1, 2007; specify submitting certain information 
to the manufacturer, this AD does not require that submission.

FAA AD Differences

    Note 5: This AD differs from the MCAI and/or service information 
as follows: Although the MCAI or service information tells you to 
submit information to the manufacturer, paragraph (f)(10) of this AD 
specifies that such submittal is not required.

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: Program Manager, 
Continued 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.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2009-24, 
dated May 19, 2009; Bombardier Alert Service Bulletin A604-24-017, 
Revision 01, dated January 15, 2007; and Bombardier Service Bulletin 
604-24-019, dated October 1, 2007; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Alert Service Bulletin A604-24-017, 
Revision 01, dated January 15, 2007; and Bombardier Service Bulletin 
604-24-019, dated October 1, 2007; as applicable; 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.
    (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 June 17, 2010.
Robert D. Breneman,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-15818 Filed 6-30-10; 8:45 am]
BILLING CODE 4910-13-P