[Federal Register Volume 76, Number 7 (Tuesday, January 11, 2011)]
[Proposed Rules]
[Pages 1556-1559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-368]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0703; Directorate Identifier 2009-NM-093-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model CL-600-2C10 
(Regional Jet Series 700, 701 & 702) Airplanes, Model CL-600-2D15 
(Regional Jet Series 705) Airplanes, and Model CL-600-2D24 (Regional 
Jet Series 900) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This action revises the earlier NPRM by expanding the scope. 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:

    There have been four reports of loose or detached main landing 
gear torque link apex pin locking plate and the locking plate 
retainer bolt. This condition could result in torque link apex pin 
disengagement, heavy vibration during landing, damage to main 
landing gear components and subsequent main landing gear collapse.
* * * * *
    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by February 25, 
2011.

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 Cote-Vertu Road West, Dorval, Quebec 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: 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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0703; 
Directorate Identifier 2009-NM-093-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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
August 5, 2009 (74 FR 38993). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Since that earlier NPRM was issued, we have determined that main 
landing gear (MLG) shock strut assemblies having part number (P/Ns) 
49000-11 through 49000-22 inclusive and serial numbers (S/Ns) 0001 
through 0284 inclusive are rotable parts. Therefore, the possibility 
exists that these parts might be installed on additional airplanes. For 
this reason, we find it necessary to require an inspection to determine 
if the subject MLG shock strut assemblies are installed for all Model 
CL-600-2C10 airplanes having S/Ns 10003 and subsequent, and Model CL-
600-2D15 and Cl-600-2D24 airplanes having S/Ns 15001 and subsequent. 
Therefore, for all affected airplanes, we are revising this 
supplemental NPRM to add an inspection to determine the part and serial 
numbers of the MLG shock strut assemblies installed.
    You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We have considered the following comments received on the earlier 
NPRM.

Request To Revise Paragraphs (f)(1) and (f)(2) of the Earlier NPRM

    American Eagle Airlines (American Eagle) requested that we revise 
paragraphs (f)(1) and (f)(2) of the earlier NPRM to cover Model CL-600-
2C10 airplanes having serial numbers (S/Ns) 10003 and subsequent, 
equipped with MLG shock strut assemblies having part numbers (P/Ns) 
49000-11 through 49000-22 inclusive and S/Ns 0001 through 0252 
inclusive. The commenter stated the following:
     If one of the affected MLG shock strut assemblies were 
installed on an airplane with a S/N of 10224 or greater, paragraph 
(f)(1) of the earlier NPRM would not require the assembly to be 
inspected.
     If an MLG shock strut assembly that is not in the affected 
range were installed on an airplane with S/N 10003 through 10223 
inclusive, paragraph

[[Page 1557]]

(f)(1) of the earlier NPRM would require the assembly to be inspected 
in accordance with Part A of Bombardier Service Bulletin 670BA-32-019, 
Revision A, dated September 18, 2008, and, consequently, with Goodrich 
Service Bulletin 49000-32-30, which is not applicable to that assembly.
     If one of the affected MLG shock strut assemblies were 
installed on an airplane having a S/N of 10240 or greater, paragraph 
(f)(2) of the earlier NPRM would not require the assembly to be 
reworked.
     If an MLG shock strut assembly not in the affected range 
were installed on an airplane with S/Ns 10003 through 10239 inclusive, 
paragraph (f)(2) of the earlier NPRM would require the assembly to be 
reworked in accordance with Part B of Bombardier Service Bulletin 
670BA-32-019, Revision A, dated September 18, 2008, and, consequently, 
with Goodrich Service Bulletin 49000-32-32, which is not applicable to 
that assembly.
    We agree to revise paragraphs (h) and (i) of this supplemental NPRM 
(specified as paragraphs (f)(1) and (f)(2) of the earlier NPRM). 
Operators should note that Model CL-600-2C10 airplanes having S/N 10224 
and subsequent had Part A of Bombardier Service Bulletin 670BA-32-019, 
Revision A, dated September 18, 2008, accomplished prior to delivery; 
those airplanes are still subject to Part B of Bombardier Service 
Bulletin 670BA-32-019, Revision A, dated September 18, 2008. Operators 
should also note that Model CL-600-2C10 airplanes having S/N 10240 and 
subsequent had Part B of Bombardier Service Bulletin 670BA-32-019, 
Revision A, dated September 18, 2008, accomplished prior to delivery. 
However, as explained previously, we have determined that MLG shock 
strut assemblies having P/Ns 49000-11 through 49000-22 inclusive and S/
Ns 0001 through 0284 inclusive are rotable parts. Therefore, the 
possibility exists that these parts might be installed on additional 
airplanes, as American Eagle describes.
    As stated previously, we revised this supplemental NPRM to add an 
inspection to identify MLG shock strut assemblies having P/Ns 49000-11 
through 49000-22 inclusive and S/Ns 0001 through 0284 inclusive. We 
also revised paragraphs (h) and (i) of this supplemental NPRM 
(specified as paragraphs (f)(1) and (f)(2) of the earlier NPRM) to 
apply to any MLG shock strut assemblies having P/Ns 49000-11 through 
49000-22 inclusive and S/Ns 0001 through 0284 inclusive identified 
during the inspection, as specified in paragraph (g) of this 
supplemental NPRM. We have also added the costs for accomplishing the 
newly added inspection specified in paragraph (g) of this supplemental 
NPRM to the Costs of Compliance section of this supplemental NPRM.

Request To Allow Installation of Certain Reworked MLG Shock Strut 
Assemblies

    American Eagle requested that we revise paragraph (f)(3) of the 
earlier NPRM to allow the installation of MLG shock strut assemblies 
that have been reworked in accordance with Goodrich Service Bulletin 
49000-32-32. The commenter stated that paragraph (f)(3) of the earlier 
NPRM prohibits installation of certain MLG shock strut assemblies 
unless they have been reworked in accordance with Part B of the 
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
019, Revision A, dated September 18, 2008. The commenter pointed out 
that Bombardier Service Bulletin 670BA-32-019, Revision A, dated 
September 18, 2008, specifies reworking the subject MLG shock strut 
assemblies that are installed on the airplanes, not those that are not 
installed on the airplane (e.g., spares or replacement assemblies), 
which will be reworked using Goodrich Service Bulletin 49000-32-32.
    We do not agree that a change to this supplemental NPRM is 
necessary in this regard. Part B of the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-32-019, Revision A, dated September 
18, 2008, refers to Goodrich Service Bulletin 49000-32-32 as an 
additional source of guidance for reworking the MLG shock strut 
assemblies. If an operator has reworked an MLG shock strut assembly 
using the procedures specified in Goodrich Service Bulletin 49000-32-
32, that assembly meets the requirements of paragraph (j) of this 
supplemental NPRM (specified as paragraph (f)(3) of the earlier NPRM). 
However, we have revised paragraph (j) of this supplemental NPRM to 
refer to paragraph B. of Part B of the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-32-019, Revision A, dated September 
18, 2008. This change eliminates the necessity of accomplishing the 
opening and closing procedures specified in Part B of the 
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
019, Revision A, dated September 18, 2008, for assemblies that are 
reworked while not installed on the airplane.

Request To Provide Credit for Actions Done Using Goodrich Service 
Information

    American Eagle requested that we revise paragraphs (f)(2) and 
(f)(3) of the earlier NPRM to allow operators to take credit for 
accomplishing the required actions in accordance with Goodrich Service 
Bulletin 49000-32-30 or 49000-32-32, as applicable.
    We do not agree to provide credit for operators that have done the 
required actions in accordance with the applicable Goodrich service 
information. Bombardier Service Bulletin 670BA-32-019, Revision A, 
dated September 18, 2008, refers to Goodrich Service Bulletin 49000-32-
30 and 49000-32-32 as additional sources of guidance for the actions 
specified in this supplemental NPRM. If an operator has accomplished 
the actions specified in Goodrich Service Bulletin 49000-32-30 or 
49000-32-32, the operator is already in compliance with the applicable 
requirements specified in this supplemental NPRM. Therefore, there is 
no need to revise this supplemental NPRM in this regard.

Explanation of Additional Changes Made to This Supplemental NPRM

    We have revised this supplemental NPRM to identify the legal name 
of the manufacturer as published in the most recent type certificate 
data sheet for the affected airplane models.
    We have added a new paragraph (f) to this supplemental NPRM to make 
this supplemental NPRM parallel with other new AD actions. We have 
reidentified subsequent paragraphs accordingly.

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.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on this proposed AD.

[[Page 1558]]

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.

Explanation of Change to Costs of Compliance

    Since issuance of the earlier 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

    Based on the service information, we estimate that this proposed AD 
would affect about 361 products of U.S. registry. We also estimate that 
it would take about 5 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 $153,425, or $425 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-2009-0703; Directorate Identifier 
2009-NM-093-AD.

Comments Due Date

    (a) We must receive comments by February 25, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Bombardier airplanes identified in 
paragraphs (c)(1) and (c)(2) of this AD, certificated in any 
category.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) 
airplanes, serial numbers (S/Ns) 10003 and subsequent.
    (2) Model CL-600-2D15 (Regional Jet Series 705) airplanes and 
Model CL-600-2D24 (Regional Jet Series 900) airplanes, S/Ns 15001 
and subsequent.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    There have been four reports of loose or detached main landing 
gear torque link apex pin locking plate and the locking plate 
retainer bolt. This condition could result in torque link apex pin 
disengagement, heavy vibration during landing, damage to main 
landing gear components and subsequent main landing gear collapse.
    Investigation has determined that incorrect stack-up tolerances 
of the apex joint or improper installation of the locking plate and 
apex nut could result in torque link apex pin disengagement. This 
directive mandates [a one-time detailed] inspection of the torque 
link apex joint [for correct installation and damage, and corrective 
actions if necessary] and replacement of the torque link apex nut.

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 for Part Number (P/N) and Serial Number (S/N)

    (g) For all airplanes identified in paragraphs (c)(1) and (c)(2) 
of this AD: Within 900 flight hours after the effective date of this 
AD, inspect the main landing gear (MLG) shock strut assemblies to 
determine whether an MLG shock strut assembly having P/Ns 49000-11 
through 49000-22 inclusive and a S/N 0001 through 0284 inclusive is 
installed. A review of airplane maintenance records is acceptable in 
lieu of this inspection if the part and serial numbers of the MLG 
shock strut assembly can be conclusively determined from that 
review.

Inspection of the Torque Link Apex Joint

    (h) For any MLG shock strut assembly having P/Ns 49000-11 
through 49000-22 inclusive and a S/N 0001 through 0284 inclusive 
found installed during the inspection or records check required by 
paragraph (g) of this AD: Within 900 flight hours after the 
effective date of this AD, perform a one-time detailed inspection 
and all applicable corrective actions on the torque link apex joint, 
in accordance with Part A of the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-32-019, Revision A, dated 
September 18, 2008, except as provided by paragraph (l) of this AD. 
Do all applicable corrective actions before further flight.

Replacement or Rework of the Apex Nut

    (i) For any MLG shock strut assembly identified during the 
inspection or records check required by paragraph (g) of this AD: 
Within 4,500 flight hours after the effective date of this AD, 
replace or rework the apex nut, in accordance with Part B of the 
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
019, Revision A, dated September 18, 2008.

[[Page 1559]]

Parts Installation

    (j) As of the effective date of this AD, no person may install, 
on any airplane, a replacement MLG shock strut assembly identified 
in paragraph (j)(1) or (j)(2) of this AD, unless it has been 
reworked in accordance with paragraph B. of Part B of the 
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
019, Revision A, dated September 18, 2008.
    (1) Part numbers 49000-11 through 49000-22 inclusive, and with a 
serial number in the range of S/Ns 0001 through 0284 inclusive (the 
serial number can start with ``MA,'' ``MAL,'' or ``MA-'').
    (2) Part numbers 49050-5 through 49050-10 inclusive, and with a 
serial number in the range of S/Ns 1001 through 1114 inclusive (the 
serial number can start with ``MA,'' ``MAL,'' or ``MA-'').

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (k) Inspections, corrective actions, replacements, and rework 
accomplished before the effective date of this AD in accordance with 
Bombardier Service Bulletin 670BA-32-019, dated March 16, 2006, are 
considered acceptable for compliance with the corresponding actions 
specified in this AD.
    (l) The inspections specified in paragraph (h) of this AD are 
not required if the actions specified in paragraph (i) of this AD 
have already been accomplished; or if Bombardier Repair Engineering 
Order 670-32-11-0022, dated October 22, 2005, or Goodrich Service 
Concession Request SCR 0056-05, dated October 22, 2005; has been 
incorporated.

FAA AD Differences

    Note 1: The MCAI specifies to inspect only airplanes having 
certain serial numbers that are part of the MCAI applicability. 
Because the affected part could be rotated onto any of the airplanes 
listed in the applicability, this AD requires that the inspection be 
done on all airplanes. We have coordinated this with the Transport 
Canada Civil Aviation (TCCA).

Other FAA AD Provisions

    (m) 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, notify 
your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding 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: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW, Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Special Flight Permits

    (n) Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

Related Information

    (o) Refer to MCAI Canadian Airworthiness Directive CF-2009-20, 
dated May 1, 2009; and Bombardier Service Bulletin 670BA-32-019, 
Revision A, dated September 18, 2008; for related information.

    Issued in Renton, Washington, on December 30, 2010.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-368 Filed 1-10-11; 8:45 am]
BILLING CODE 4910-13-P