[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Proposed Rules]
[Pages 68728-68731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28275]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1108; Directorate Identifier 2010-NM-151-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model CL-215-1A10 (CL-
215), CL-215-6B11 (CL-215T Variant), and CL-215-6B11 (CL-415 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 * * * 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 identified that the worst-
case scenarios would be impact damage to various components, 
potentially resulting in fuel spillage, uncommanded flap movement, 
or loss of aileron control [and consequent reduced controllability 
of the airplane].
* * * * *

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

[[Page 68729]]


DATES: We must receive comments on this proposed AD by December 27, 
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.

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-2010-1108; 
Directorate Identifier 2010-NM-151-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 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-
2009-42R1, dated May 14, 2010 (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. To date, the lowest 
number of flight cycles accumulated at the time of failure has been 
6991.
    Although there have been no failures to date on any CL-215-1A10 
(CL-215) or CL-215-6B11 (CL-215T and CL-415) aircraft, similar 
accumulators, Part Number (P/N) 08-8423-010 (MS28700-3), to those 
installed on the CL-600-2B19, are installed on the aircraft listed 
in the Applicability section of this directive [MCAI].
    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 identified that the worst-
case scenarios would be impact damage to various components, 
potentially resulting in fuel spillage, uncommanded flap movement, 
or loss of aileron control [and consequent reduced controllability 
of the airplane].
    This directive [MCAI] mandates repetitive [ultrasonic] 
inspections of the accumulators for cracks and replacement of any 
accumulator in which a crack is detected.
* * * * *
You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier has issued Service Bulletins 215-541, 215-3155, and 215-
4414, all Revision 1, all dated March 12, 2010. 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 6 products of U.S. registry. We also estimate that 
it would take about 7 work-hours per product to comply with the 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 $3,570, or $595 per product per inspection 
cycle.
    In addition, we estimate that any necessary follow-on actions would 
take about 6 work-hours and require parts costing $4,055, for a cost of 
$4,565 per product. We have no way of determining the number of 
products that may need these actions.

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,

[[Page 68730]]

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-2010-1108; Directorate Identifier 
2010-NM-151-AD.

Comments Due Date

    (a) We must receive comments by December 27, 2010.

Affected ADs

    (b) None.

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-215-1A10 (CL-215) airplanes, serial numbers 1001 
through 1990 inclusive;
    (2) Model CL-215-6B11 (CL-215T Variant) airplanes, serial 
numbers 1056 through 1125 inclusive;
    (3) Model CL-215-6B11 (CL-415 Variant) airplanes, serial numbers 
2001 through 2990 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls; and 32: Landing gear.

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 * * * 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 identified that the worst-
case scenarios would be impact damage to various components, 
potentially resulting in fuel spillage, uncommanded flap movement, 
or loss of aileron control [and consequent reduced controllability 
of the airplane].
* * * * *

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.

Inspection To Determine Flight Hours

    (g) Within 50 flight hours after the effective date of this AD, 
inspect to determine the number of flight cycles accumulated by each 
of the applicable accumulators (i.e., brake, aileron, elevator, and 
rudder accumulators) having part number (P/N) 08-8423-010 (MS28700-
3) installed on the airplane. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the number of 
flight cycles accumulated can be conclusively determined from that 
review.

Initial Ultrasonic Inspection

    (h) For Model CL-215-1A10 (CL-215) and CL-215-6B11 (CL-215T) 
airplanes: Do an ultrasonic inspection for cracking of the 
accumulator at the applicable time specified in paragraph (h)(1) or 
(h)(2) of this AD, in accordance with Part B of the Accomplishment 
Instructions of the applicable service bulletin listed in Table 1 of 
this AD.

                                           Table 1--Service Bulletins
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                                           Use Bombardier
              For model--                Service Bulletin--     Revision--                  Dated--
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CL-215-1A10 (CL-215)..................               215-541               1  March 12, 2010.
CL-215-6B11 (CL-215T).................              215-3155               1  March 12, 2010.
CL-600-6B11 (CL-415)..................              215-4414               1  March 12, 2010.
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     (1) For any accumulator on which the inspection required by 
paragraph (g) of this AD shows an accumulation of more than 875 
total flight cycles or on which it is not possible to determine the 
number of total accumulated flight cycles, do the inspection within 
125 flight cycles after the effective date of this AD.
    (2) For any accumulator on which the inspection required by 
paragraph (g) of this AD shows an accumulation of 875 total flight 
cycles or fewer, do the inspection before the accumulation of 1,000 
flight cycles on the accumulator.
    (i) For Model CL-215-6B11 (CL-415) airplanes, do an ultrasonic 
inspection for cracking of the accumulator at the applicable time 
specified in paragraph (i)(1) or (i)(2) of this AD, in accordance 
with Part B of the Accomplishment Instructions of the applicable 
service bulletin listed in Table 1 of this AD.
    (1) For any accumulator on which the inspection required by 
paragraph (g) of this AD shows an accumulation of more than 750 
flight cycles or on which it is not possible to determine the number 
of total accumulated flight cycles, do the inspection within 250 
flight cycles after the effective date of this AD.
    (2) For any accumulator on which the inspection required by 
paragraph (g) of this AD shows an accumulation of 750 total flight 
cycles or fewer, do the inspection before the accumulation of 1,000 
flight cycles on the accumulator.

Repetitive Inspections

    (j) If no cracking is found during any inspection required by 
paragraph (h) or (i) of this AD, repeat the inspection thereafter at 
intervals not to exceed 750 flight cycles.

[[Page 68731]]

    (k) If any cracking is found during any inspection required by 
paragraph (h) or (i) of this AD, before further flight, replace the 
accumulator with a serviceable accumulator, in accordance with Part 
B of the Accomplishment Instructions of the applicable service 
bulletin listed in Table 1 of this AD. Doing the replacement does 
not end the inspection requirements of this AD. Repeat the 
inspections required by paragraph (h) or (i) of this AD at intervals 
not to exceed 750 flight cycles.

Parts Installation

    (l) As of the effective date of this AD, no person may install 
an accumulator (P/N) 08-8423-010 (MS28700-3) on any airplane unless 
the accumulator has been inspected in accordance with the 
requirements of this AD.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (m) Inspections accomplished before the effective date of this 
AD in accordance with the applicable service bulletin listed in 
Table 2 of this AD are considered acceptable for compliance with the 
corresponding action specified in this AD.

                                        Table 2--Credit Service Bulletins
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                                                   Use Bombardier
                  For model--                    Service Bulletin--                     Dated--
----------------------------------------------------------------------------------------------------------------
CL-215-1A10 (CL-215)..........................               215-541  July 9, 2009.
CL-215-6B11 (CL-215T).........................              215-3155  July 9, 2009.
CL-600-6B11 (CL-415)..........................              215-4414  July 9, 2009.
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FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows:
    No differences.

Other FAA AD Provisions

    (n) 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

    (o) Refer to MCAI Transport Canada Civil Aviation Airworthiness 
Directive CF-2009-42R1, dated May 14, 2010; and the service 
bulletins listed in Table 1 of this AD; for related information.

    Issued in Renton, Washington, on November 2, 2010.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-28275 Filed 11-8-10; 8:45 am]
BILLING CODE 4910-13-P