[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Rules and Regulations]
[Pages 52222-52225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20673]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0515; Directorate Identifier 2009-NM-196-AD; 
Amendment 39-16776; AD 2011-17-12]
RIN 2120-AA64


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

    Several cases have been reported of cracks in the joint 
extrusions securing the outer bondment to the acoustic panel of the 
nacelle transcowl assemblies. Although there is no effect on flight 
safety (thrust reverser stowed), thrust reverser deployment under 
rejected take-off or emergency landing load conditions could 
potentially result in acoustic panel failure and possible runway 
debris.
* * * * *
The loss of an acoustic panel during rejected take-off or emergency 
landing load conditions could leave debris on the runway. This debris, 
if not removed, creates an unsafe condition for other airplanes during 
take-off or landing, as those airplanes could impact debris on the 
runway and sustain damage. We are issuing this AD to require actions to 
correct the unsafe condition on these products.

DATES: This AD becomes effective September 26, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 26, 
2011.

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 supplemental notice of proposed rulemaking (NPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That supplemental NPRM was published in the Federal Register 
on April 6, 2011 (76 FR 18957). That supplemental NPRM proposed to 
correct an unsafe condition for the specified products. The MCAI 
states:

    Several cases have been reported of cracks in the joint 
extrusions securing the outer bondment to the acoustic panel of the 
nacelle transcowl assemblies. Although there is no effect on flight 
safety (thrust reverser stowed), thrust reverser deployment under 
rejected take-off or emergency landing load conditions could 
potentially result in acoustic panel failure and possible runway 
debris.
    This [Canadian] directive mandates inspection, repair (if 
necessary) and reinforcement of the transcowl assemblies.

The loss of an acoustic panel during rejected take-off or emergency 
landing load conditions could leave debris on the runway. This debris, 
if not removed, creates an unsafe condition for other airplanes during 
take-off or landing, as those airplanes could impact debris on the 
runway and sustain damage. The inspection is a detailed visual 
inspection of the outboard edge of the transcowl joint extrusion for 
evidence of cracking. The repair consists of doing an eddy current or 
liquid penetrant inspection for cracking, and depending on the results, 
either removing the affected joint extrusion area and replacing with 
packers, or contacting Bombardier for repair instructions and

[[Page 52223]]

doing the repair. The reinforcement of the transcowl assemblies 
includes installing new support channels. 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 Allow for Records Review

    American Eagle Airlines (AEA) requested that we revise the 
supplemental NPRM to allow operators to perform a records review in 
lieu of the inspection for part number, serial number, and repair 
status of each transcowl assembly, as required by paragraph (g) of the 
supplemental NPRM. AEA did not provide reasoning for this request.
    We agree to allow operators to perform a records review in lieu of 
the inspection for part number, serial number, and repair status of 
each transcowl assembly. We have determined that a review of airplane 
maintenance records is acceptable in lieu of the inspection, if the 
part number, serial number, and repair status of each transcowl 
assembly can be conclusively determined from that review. We have 
revised paragraph (g) of the final rule accordingly.

Request To Revise Paragraph (g)(1) of the Supplemental NPRM

    AEA requested that we revise paragraph (g)(1) of the supplemental 
NPRM to remove the reference to paragraph (h) of the supplemental NPRM. 
AEA explained that the transcowls specified in paragraph (g)(1) of the 
supplemental NPRM are post-modified transcowls and do not need the 
inspections required by paragraph (h) of the supplemental NPRM. AEA 
reasoned that paragraph (h) of the supplemental NPRM should not apply 
to airplanes that have met the conditions specified in paragraph 
(g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of the supplemental NPRM.
    We agree to revise paragraph (g)(1) of the final rule to remove 
reference to paragraph (h) of the final rule. We have determined that 
only paragraph (k) of the final rule applies to post-modification 
transcowls. We have revised paragraph (g)(1) of the final rule 
accordingly.

Conclusion

    We reviewed the available data, including the comment 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.

Costs of Compliance

    We estimate that this AD will affect 361 products of U.S. registry. 
We also estimate that it will take about 8 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 $245,480, or $680 per product.
    In addition, we estimate that any necessary follow-on actions would 
take between 4 and 8 work-hours and require parts costing $0, for a 
cost between $340 and $680 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, 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 
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

    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:


[[Page 52224]]


2011-17-12 Bombardier, Inc.: Amendment 39-16776. Docket No. FAA-
2010-0515; Directorate Identifier 2009-NM-196-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 26, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 
701, & 702) airplanes, serial numbers 10003 through 10265 inclusive.
    (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705) 
and Model CL-600-2D24 (Regional Jet Series 900) airplanes, serial 
numbers 15001 through 15192 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 78: Engine 
exhaust.

Reason

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

    Several cases have been reported of cracks in the joint 
extrusions securing the outer bondment to the acoustic panel of the 
nacelle transcowl assemblies. Although there is no effect on flight 
safety (thrust reverser stowed), thrust reverser deployment under 
rejected take-off or emergency landing load conditions could 
potentially result in acoustic panel failure and possible runway 
debris.
* * * * *
The loss of an acoustic panel during rejected take-off or emergency 
landing load conditions could leave debris on the runway. This 
debris, if not removed, creates an unsafe condition for other 
airplanes during take-off or landing, as those airplanes could 
impact debris on the runway and sustain damage.

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, Repair, and Reinforcement

    (g) Within 5,000 flight hours or 24 months after the effective 
date of this AD, whichever occurs first, inspect for the part number 
and serial number of each transcowl assembly, and, as applicable, 
the repair status of each transcowl assembly. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
part number and serial number of each transcowl assembly, and, as 
applicable, the repair status of each transcowl assembly can be 
conclusively determined from that review.
    (1) If all transcowl assemblies installed on any airplane meet 
one of the conditions listed in paragraph (g)(1)(i), (g)(1)(ii), or 
(g)(1)(iii) of this AD, no further action is required by this AD, 
except paragraph (k) of this AD must be complied with.
    (i) Having part number (P/N) KCN624-2003-3, -4, -5, -6, -7, or -
8, as listed in Bombardier Service Bulletin 670SH-78-029, Revision 
C, dated November 10, 2010.
    (ii) Having P/Ns CN624-2001-XXX or KCN624-2001-X (XXX and X mean 
various dash numbers), with serial number (S/N) SB0965 or higher.
    (iii) Having P/Ns CN624-2001-XXX or KCN624-2001-X (XXX and X 
mean various dash numbers), and repaired in accordance with one of 
the Bombardier repair engineering orders (REOs) listed in paragraph 
1.D. of Bombardier Service Bulletin 670BA-78-008, Revision B, dated 
December 22, 2010; or paragraph 1.A. of Bombardier Service Bulletin 
670SH-78-029, Revision C, dated November 10, 2010.
    (2) If one or more of the transcowl assemblies have P/N CN624-
2001-XXX or KCN624-2001-X (XXX and X mean various dash numbers), 
with S/N SB0964 or lower, and have not been repaired in accordance 
with one of the Bombardier REOs listed in paragraph 1.D. of 
Bombardier Service Bulletin 670BA-78-008, Revision B, dated December 
22, 2010; or paragraph 1.A. of Bombardier Service Bulletin 670SH-78-
029, Revision C, dated November 10, 2010; do the actions specified 
in paragraph (i) of this AD.
    (h) As of the effective date of this AD, if any high-energy stop 
occurs and the thrust reversers are deployed above 68% N1, or if a 
rejected take-off (RTO) occurs and the thrust reversers are deployed 
above 68% N1: Perform a detailed inspection for cracks of each 
transcowl assembly (left, right, upper, and lower) before further 
flight, by doing the actions specified in paragraphs (h)(1), (h)(2), 
and (h)(3) of this AD. Doing the requirements of paragraph (i) of 
this AD terminates the requirements of paragraph (h) of this AD.
    (1) Open the cowling on the left and right engines.
    (2) Do a detailed inspection for cracks of the joint extrusion 
of the upper and lower transcowl assembly on the left and right 
engines at the location of the joint piece. If no cracks are found, 
close the cowlings on the left and right engines.
    (3) If any crack is found on one or more transcowl assemblies 
during the inspection required by paragraph (h)(2) of this AD, 
before further flight, repair and reinforce the cracked part(s) in 
accordance with paragraph (i)(1) of this AD.

    Note 1: Procedure--Part 3 of Task 05-51-27-210-801 of Chapter 
05, Part 2, Volume 1, of the Bombardier CRJ Series Regional Jet 
Aircraft Maintenance Manual (AMM), CSP B-001, Revision 34, dated 
November 20, 2010, provides guidance for opening and closing the 
cowling on the left and right engines.

    (i) For transcowl assemblies identified in paragraph (g)(2) of 
this AD: Except as required by paragraph (h) of this AD, within 
5,000 flight hours or 24 months after the effective date of this AD, 
whichever comes first, do a detailed inspection for cracking on each 
transcowl assembly, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-78-008, Revision 
B, dated December 22, 2010; or Bombardier Service Bulletin 670SH-78-
029, Revision C, dated November 10, 2010. Accomplishment of the 
actions specified in paragraph (i)(1) or (i)(2) of this AD for all 
transcowl assemblies identified in paragraph (g)(2) of this AD 
terminates the requirements of paragraph (h) of this AD.
    (1) If any cracking of the joint extrusion is found, before 
further flight, repair and reinforce the joint extrusion on each 
transcowl assembly, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-78-008, Revision 
B, dated December 22, 2010; or Bombardier Service Bulletin 670SH-78-
029, Revision C, dated November 10, 2010.
    (2) If no cracking is found, before further flight, reinforce 
the joint extrusion on each transcowl assembly, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 
670BA-78-008, Revision B, dated December 22, 2010; or Bombardier 
Service Bulletin 670SH-78-029, Revision C, dated November 10, 2010.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (j) Inspections, repairs, and reinforcement of the joint 
extrusion on each transcowl is also acceptable for compliance with 
the corresponding requirements of paragraph (i) of this AD if done 
before the effective date of this AD in accordance with the service 
information listed in table 1 of this AD.

                                       Table 1--Credit Service Information
----------------------------------------------------------------------------------------------------------------
                 Document                            Revision                              Date
----------------------------------------------------------------------------------------------------------------
Bombardier Service Bulletin 670BA-78-008.  Original....................  September 19, 2008.
Bombardier Service Bulletin 670BA-78-008.  A...........................  July 10, 2009.
Bombardier Service Bulletin 670SH-78-029.  Original....................  July 3, 2008.
Bombardier Service Bulletin 670SH-78-029.  A...........................  June 30, 2009.
Bombardier Service Bulletin 670SH-78-029.  B...........................  November 25, 2009.
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[[Page 52225]]

Parts Installation

    (k) As of the effective date of this AD, no replacement or spare 
transcowl assembly having P/N CN624-2001-XXX or KCN624-2001-X (XXX 
and X mean various dash numbers), with S/N SB0964 or lower, may be 
installed on any airplane, except for a transcowl assembly on which 
any repair listed in paragraph 1.D. of Bombardier Service Bulletin 
670BA-78-008, Revision B, dated December 22, 2010, or paragraph 1.A. 
of Bombardier Service Bulletin 670SH-78-029, Revision C, dated 
November 10, 2010, has been done; and except for a transcowl that 
has been inspected as specified in paragraph (i) of this AD and all 
applicable actions specified in paragraph (i)(1) or (i)(2) of this 
AD, as applicable, have been done.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (l) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, ANE-170, FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your 
request to your principal inspector or local Flight Standards 
District Office, as appropriate. If sending information directly to 
the NYACO, send it to ATTN: Program Manager, Continuing Operational 
Safety, 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.

Related Information

    (m) Refer to MCAI Canadian Airworthiness Directive CF-2009-33, 
dated July 28, 2009; Bombardier Service Bulletin 670BA-78-008, 
Revision B, dated December 22, 2010; and Bombardier Service Bulletin 
670SH-78-029, Revision C, dated November 10, 2010; for related 
information.

Material Incorporated by Reference

    (n) You must use Bombardier Service Bulletin 670BA-78-008, 
Revision B, dated December 22, 2010; and Bombardier Service Bulletin 
670SH-78-029, Revision C, dated November 10, 2010; 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 August 8, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-20673 Filed 8-19-11; 8:45 am]
BILLING CODE 4910-13-P