[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Proposed Rules]
[Pages 34870-34872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14208]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0592; Directorate Identifier 2011-NM-253-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to certain Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes. The existing AD currently 
requires a one-time inspection of the shafts of the main landing gear 
(MLG) side-brace fittings to detect corrosion, and the forward and aft 
bushings in the left-hand and right-hand MLG side-brace fittings to 
detect discrepancies. The existing AD also requires corrective and 
related actions if necessary. Since we issued that AD, we have received 
reports that the side brace fitting shafts of the MLG continue to fail. 
This proposed AD would require repetitive detailed inspections for 
corrosion and damage of the MLG side-brace fitting and replacing the 
side-brace fitting shaft with the re-designed side-brace fitting shaft 
of the MLG if necessary. This AD would also require eventual 
replacement of certain side-brace fitting shafts with the re-designed 
part. Replacement with a re-designed side-brace fitting shaft of the 
MLG is terminating action for the repetitive inspections. We are 
proposing this AD to prevent fractures of the side-brace fitting shafts 
of the MLG, and possible collapse of the MLG.

DATES: We must receive comments on this proposed AD by July 27, 2012.

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.
    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; email 
[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: Jeffrey Zimmer, 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) 228-7306; 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-2012-0592; 
Directorate Identifier 2011-NM-253-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

[[Page 34871]]

substantive verbal contact we receive about this proposed AD.

Discussion

    On October 20, 2004, we issued AD 2004-22-23, Amendment 39-13851 
(69 FR 64856, November 9, 2004). That AD required actions intended to 
address an unsafe condition on Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes.
    Since we issued AD 2004-22-23, Amendment 39-13851 (69 FR 64856, 
November 9, 2004), we received reports that the side-brace fitting 
shaft of the MLG continued to fail which meant the existing AD did not 
adequately address the unsafe condition. Transport Canada Civil 
Aviation (TCCA), which is the aviation authority for Canada, has issued 
Canadian Airworthiness Directive CF-2011-39, dated October 25, 2011 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

Due to the failure of the main landing gear (MLG) side brace fitting 
shaft, caused by corrosion, [TCCA] Airworthiness Directive (AD) CF-
2002-41 was issued to require inspection and if needed, parts 
replacement. However, the existing MLG side-brace fitting shafts 
continued to fail. Failure of the MLG side brace fitting shaft could 
result in the collapse of the main landing gear.
This [TCCA] directive mandates the repetitive detailed visual 
inspection [for cracking and corrosion] of the MLG side brace 
fitting and the incorporation of the re-designed MLG side brace 
fitting shaft part number (P/N) 605R10247-3 as the terminating 
action.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 601R-57-052, dated July 28, 
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 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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 584 products of U.S. registry. We estimate that it 
would take about 10 work-hours per product to comply with the new basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would 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 the proposed AD on U.S. operators to 
be $496,400, or $850 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 14 work-hours and require parts costing $3,860, for a cost 
of $5,050 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 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 removing airworthiness directive 
(AD) 2004-22-23, Amendment 39-13851 (69 FR 64856, November 9, 2004), 
and adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2012-0592; Directorate Identifier 
2011-NM-253-AD.

(a) Comments Due Date

    We must receive comments by July 27, 2012.

(b) Affected ADs

    This AD supersedes AD 2004-22-23, Amendment 39-13851 (69 FR 
64856, November 9, 2004).

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes; certificated in any category; 
serial numbers 7003 through 7990 inclusive, and 8000 through 8999 
inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 57: Wings.

(e) Reason

    This AD was prompted by reports of failure of the side brace 
fitting shaft of the main landing gear (MLG), due to corrosion. We 
are issuing this AD to prevent fractures of the side-brace fitting 
shafts of the MLG, and possible collapse of the MLG.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the

[[Page 34872]]

compliance times specified, unless the actions have already been 
done.

(g) Inspection of Main Landing Gear Side-Brace Fitting Shaft and 
Replacement

    (1) At the applicable times specified in paragraphs (g)(1)(i), 
(g)(1)(ii), (g)(1)(iii), and (g)(1)(iv) of this AD, do a detailed 
inspection for corrosion and damage of each side-brace fitting shaft 
of the MLG, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-57-052, dated July 28, 2011. Repeat 
the inspections at the applicable times specified in paragraphs 
(g)(1)(i), (g)(1)(ii), (g)(1)(iii), and (g)(1)(iv) of this AD.
    (i) For airplanes that average greater than 900 flight hours per 
year and have side-brace shafts part number (P/N) 601R10237-1 
installed in either the left- or right-hand MLG, or if the side 
brace shaft part number cannot be identified without removal: Within 
1,000 flight hours after the effective date of this AD, do the 
inspection. Repeat the inspections thereafter at intervals not to 
exceed 1,000 flight hours until the replacement specified in 
paragraph (g)(2) or (h) of this AD is done.
    (ii) For airplanes that average 900 flight hours or less per 
year and have side-brace shafts P/N 601R10237-1 installed on either 
the left- or right-hand MLG, or if the side brace shaft part number 
cannot be identified without removal: Within 18 months after the 
effective date of this AD, do the inspection. Repeat the inspections 
thereafter at intervals not to exceed 18 months until the 
replacement specified in paragraph (g)(2) or (h) of this AD is done.
    (iii) For airplanes that average greater than 900 flight hours 
per year and have side-brace shafts P/N 601R10237-3 installed on 
either the left- or right-hand MLG: Within 36 months after the 
effective date of this AD, do the inspection. Repeat the inspections 
thereafter at intervals not to exceed 36 months until the 
replacement specified in paragraph (g)(2) or (h) of this AD is done.
    (iv) For airplanes that average 900 flight hours or less per 
year and have side brace shafts P/N 601R10237-3 installed on either 
the left- or right-hand MLG: Within 60 months after the effective 
date of this AD, do the inspection. Repeat the inspections 
thereafter at intervals not to exceed 60 months until the 
replacement specified in paragraph (g)(2) or (h) of this AD is done.
    (2) If any corrosion or damage is found during any inspection 
required by paragraph (g) of this AD: Before further flight, replace 
the side-brace fitting shaft with a new shaft P/N 601R10247-3, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-57-052, dated July 28, 2011. Doing this 
replacement terminates the inspection requirements of paragraph (g) 
of this AD.

(h) Replacement

    Do the replacement at the applicable time in paragraph (h)(1) or 
(h)(2) of this AD.
    (1) For any airplanes that have side-brace shafts P/N 601R10237-
1 installed or if the side-brace shaft part number cannot be 
identified without removal: Within 27 months after the effective 
date of this AD, replace the side-brace fitting shaft of the MLG 
with a new shaft having P/N 601R10247-3, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-57-
052, dated July 28, 2011. Doing this replacement terminates the 
inspection requirements of paragraph (g) of this AD.
    (2) For airplanes that have side-brace shafts P/N 601R10237-3 
installed: Within 117 months after the effective date of this AD, 
replace the side-brace fitting shaft of the MLG with a new shaft P/N 
601R10247-3, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-57-052, dated July 28, 2011. Doing 
this replacement terminates the inspection requirements of paragraph 
(g) of this AD.

(i) Other FAA AD Provisions

    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 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) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-39, dated 
October 25, 2011; and Bombardier Service Bulletin 601R-57-052, dated 
July 28, 2011; for related information.


    Issued in Renton, Washington, on May 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-14208 Filed 6-11-12; 8:45 am]
BILLING CODE 4910-13-P