[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Rules and Regulations]
[Pages 66620-66622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27599]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1096; Directorate Identifier 2011-NM-185-AD; 
Amendment 39-16848; AD 2011-22-06]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model CL-215-1A10, CL-
215-6B11 (CL-215T Variant), and CL-215-6B11 (CL-415 Variant) Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model CL-215-1A10, CL-215-6B11 (CL-215T Variant), and 
CL-215-6B11 (CL-415 Variant) airplanes. 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:

    Multiple cracks were reported on the Main Landing Gear (MLG) 
upper member forward lug, part numbers 160-714-3 (L/H) and 160-714-4 
(R/H). An investigation determined the cause to be fatigue cracks at 
the base of the step radius with multiple initiation sites. The 
fatigue cracking may compromise the structural integrity of the MLG 
during takeoff or landing, leading to failure.
* * * * *

    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective November 14, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 14, 
2011.
    We must receive comments on this AD by December 12, 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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 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: Aziz Ahmed, Aerospace Engineer, 
Airframe

[[Page 66621]]

and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7329; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-35, dated August 29, 2011 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Multiple cracks were reported on the Main Landing Gear (MLG) 
upper member forward lug, part numbers 160-714-3 (L/H) and 160-714-4 
(R/H). An investigation determined the cause to be fatigue cracks at 
the base of the step radius with multiple initiation sites. The 
fatigue cracking may compromise the structural integrity of the MLG 
during takeoff or landing, leading to failure.
    This [Canadian] directive mandates repetitive eddy current 
inspections and a one-time fluorescent penetrant inspection of the 
MLG upper member forward lugs to determine fleet condition. Pending 
fleet inspection results, further action may result to mitigate the 
risk of failure due to fatigue cracks.

    The action includes inspecting for any cracks. The corrective 
action is replacing the forward lug of the MLG upper member with a new 
forward lug if any crack is found. You may obtain further information 
by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin 215-A548, dated July 
15, 2011; Alert Service Bulletin 215-A4451, dated July 15, 2011; Alert 
Service Bulletin 215-A547, dated July 8, 2011; and Alert Service 
Bulletin 215-A4450, dated July 8, 2011. 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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
multiple cracks were reported on the forward lug of the upper member of 
the MLG. An investigation determined the cause to be fatigue cracking 
at the base of the step radium with multiple initiation sites. The 
fatigue cracking could adversely affect the structural integrity of the 
MLG during takeoff or landing. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2011-1096; Directorate 
Identifier 2011-NM-185-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
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 AD.

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.

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.

[[Page 66622]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-22-06 Bombardier, Inc.: Amendment 39-16848. Docket No. FAA-
2011-1096; Directorate Identifier 2011-NM-185-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
14, 2011.

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 airplanes, serial numbers 1051 through 
1125 inclusive;
    (2) Model CL-215-6B11 (CL-215T Variant) airplanes, serial 
numbers 1056 through 1125 inclusive; and
    (3) Model CL-215-6B11 (CL-415 Variant) airplanes, serial numbers 
2001 through 2990 inclusive.

Subject

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

Reason

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

    Multiple cracks were reported on the Main Landing Gear (MLG) 
upper member forward lug, part numbers 160-714-3 (L/H) and 160-714-4 
(R/H). An investigation determined the cause to be fatigue cracks at 
the base of the step radius with multiple initiation sites. The 
fatigue cracking may compromise the structural integrity of the MLG 
during takeoff or landing, leading to failure.
* * * * *

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.

Eddy Current Inspections

    (g) Within 50 flight hours after the effective date of this AD: 
Perform an in situ eddy current inspection for cracks on the forward 
lug of the MLG upper member, part numbers 160-714-3 (left hand) and 
160-714-4 (right hand), in accordance with the Accomplishment 
Instructions of Bombardier Alert Service Bulletin 215-A548, dated 
July 15, 2011 (for Model CL-215-1A10 airplanes, and Model CL-215-
6B11 (CL-215T Variant) airplanes); or Bombardier Alert Service 
Bulletin 215-A4451, dated July 15, 2011 (for Model CL-215-6B11 (CL-
415 Variant) airplanes).
    (1) If any crack is found: Before further flight, replace the 
forward lug of the MLG upper member with a new forward lug, in 
accordance with the Accomplishment Instructions of Bombardier Alert 
Service Bulletin 215-A548, dated July 15, 2011 (for Model CL-215-
1A10 airplanes, and Model CL-215-6B11 (CL-215T Variant) airplanes); 
or Bombardier Alert Service Bulletin 215-A4451, dated July 15, 2011 
(for Model CL-215-6B11 (CL-415 Variant) airplanes). Thereafter, 
repeat the in situ eddy current inspection at intervals not to 
exceed 165 land landings.
    (2) If no crack is found: Repeat the in situ eddy current 
inspection at intervals not to exceed 165 land landings, in 
accordance with the Accomplishment Instructions of Bombardier Alert 
Service Bulletin 215-A548, dated July 15, 2011 (for Model CL-215-
1A10 airplanes, and Model CL-215-6B11 (CL-215T Variant) airplanes); 
or Bombardier Alert Service Bulletin 215-A4451, dated July 15, 2011 
(for Model CL-215-6B11 (CL-415 Variant) airplanes).

Fluorescent Penetrant Inspection

    (h) Within two months after the effective date of this AD: 
Perform a one-time fluorescent penetrant inspection for cracks on 
the forward lug of the MLG upper member, part numbers 160-714-3 
(left hand) and 160-714-4 (right hand), in accordance with the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
215-A547, dated July 8, 2011 (for Model CL-215-1A10 airplanes, and 
Model CL-215-6B11 (CL-215T Variant) airplanes); or Bombardier Alert 
Service Bulletin 215-A4450, dated July 8, 2011 (for Model CL-215-
6B11 (CL-415 Variant) airplanes). If any crack is found, before 
further flight, replace the forward lug of the MLG upper member with 
a new forward lug, in accordance with the Accomplishment 
Instructions of Bombardier Alert Service Bulletin 215-A547, dated 
July 8, 2011 (for Model CL-215-1A10 airplanes, and Model CL-215-6B11 
(CL-215T Variant) airplanes); or Bombardier Alert Service Bulletin 
215-A4450, dated July 8, 2011 (for Model CL-215-6B11 (CL-415 
Variant) airplanes).

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows:
    If any cracking is found during any in situ eddy current 
inspection specified in paragraph (g) of this AD, and the forward 
lug of the MLG upper member is replaced, this AD requires repetitive 
in situ eddy current inspections, thereafter, at intervals not to 
exceed 165 land landings. Canadian Airworthiness Directive CF-2011-
35, dated August 29, 2011, does not include this requirement.

Other FAA AD Provisions

    (i) 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. 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 New York ACO, send it 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.
    (j) Special Flight Permits: 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

    (k) Refer to MCAI Canadian Airworthiness Directive CF-2011-35, 
dated August 29 2011; Bombardier Alert Service Bulletin 215-A548, 
dated July 15, 2011; Bombardier Alert Service Bulletin 215-A4451, 
dated July 15, 2011; Bombardier Alert Service Bulletin 215-A547, 
dated July 8, 2011; and Bombardier Alert Service Bulletin 215-A4450, 
dated July 8, 2011; for related information.

Material Incorporated by Reference

    (l) You must use Bombardier Alert Service Bulletin 215-A548, 
dated July 15, 2011; Bombardier Alert Service Bulletin 215-A4451, 
dated July 15, 2011; Bombardier Alert Service Bulletin 215-A547, 
dated July 8, 2011; and Bombardier Alert Service Bulletin 215-A4450, 
dated July 8, 2011; 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 October 13, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-27599 Filed 10-26-11; 8:45 am]
BILLING CODE 4910-13-P