[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Rules and Regulations]
[Pages 35613-35616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14979]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0995; Directorate Identifier 2009-NM-123-AD;
Amendment 39-16336; AD 2010-13-05]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Model CL-600-2C10
(Regional Jet Series 700 & 701) 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), 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:
Investigation into a landing gear retraction problem on a
production test flight revealed that, during aircraft pressurization
and depressurization cycles, the pressure floor in the main landing
gear bay deflects to a small extent. This causes relative
misalignment between the [alternate-extension system] AES bypass
valve, the downlock assist valve and the summing lever which, in
turn, can result in damage to and potential failure of the
respective clevis attached to one or both of the valves. Such a
clevis failure could remain dormant and, in the subsequent event
that use of the AES was required, full landing gear extension may
not be achievable.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective June 23, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 28,
2010.
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: Cesar Gomez, 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) 228-7318; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 28, 2009 (74
FR 55493). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
Investigation into a landing gear retraction problem on a
production test flight revealed that, during aircraft pressurization
and depressurization cycles, the pressure floor in the main landing
gear bay deflects to a small extent. This causes relative
misalignment between the [alternate-extension system] AES bypass
valve, the downlock assist valve and the summing lever which, in
turn, can result in damage to and potential failure of the
respective clevis attached to one or both of the valves. Such a
clevis failure could remain dormant and, in the subsequent event
that use of the AES was required, full landing gear extension may
not be achievable.
This directive gives instructions to replace the clevis, with a
new part, for both the bypass and the downlock assist valves. It
also gives instructions to install new support brackets for both
valves, in order to increase the stiffness of the installations and
thus prevent future relative misalignment and potential clevis
failure.
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.
Support for the NPRM
The Air Line Pilots Association, International (ALPA), supports the
NPRM.
Request To Allow Repetitive Clevis Replacements in Lieu of Support
Bracket Replacement
Comair, Inc., requests that we revise the NPRM to allow repetitive
replacement of the bypass valve clevis and downlock assist valve clevis
at 6,000-flight-cycle intervals, until the new support brackets have
been installed instead of requiring installation of the support
brackets at the compliance times specified in paragraph (f)(3) of this
AD. Comair, Inc., explains that Bombardier Alert Service Bulletin
A670BA-32-022, dated November 8, 2007, established an initial
replacement of the clevises along with a repetitive replacement every
6,000 flight cycles. But with the introduction of Part C of Bombardier
Alert Service Bulletin A670BA-32-022, Revision A, dated May 1, 2009,
Comair, Inc., asserts that the repetitive interval was removed.
Comair, Inc., states that it initiated the compliance with Parts A
and B of Bombardier Alert Service Bulletin A670BA-32-022, dated
November 8, 2007, in early 2008. Since the initial compliance time,
Comair, Inc., states that nearly 2,900 flight cycles have passed and
reasons that by the time the NPRM becomes a final rule, 500 or more
flight cycles might pass. Comair, Inc., also explains that because of
the proposed compliance times specified in paragraphs (f)(3)(ii) and
(f)(3)(iii) of the NPRM, the installation of the new support brackets
will be required within approximately 2,600 flight cycles (6,000 flight
cycles minus 3,400 cycles).
Comair, Inc., asserts that limiting installation of the new support
brackets to 2,600 flight cycles instead of 4,500 flight cycles, as
proposed by paragraph (f)(3)(i) of the NPRM, penalizes those operators
who have taken early action to comply with Bombardier Alert Service
Bulletin A670BA-32-022. To compensate for the loss of flight cycles,
Comair, Inc., suggests that we revise paragraphs (f)(1) and (f)(2) of
the NPRM to state: ``* * * Replacement of the clevises each 6,000
flight cycles from the initial replacement, in order to
[[Page 35614]]
extend the compliance schedule in paragraph (f)(3) is acceptable.''
We do not agree to allow repetitive replacements of the bypass
valve clevis and downlock assist valve clevis until the new support
bracket is installed. Comair, Inc., noted that the compliance time in
paragraph (f)(3)(i) of the NPRM is 4,500 flight cycles; however, the
compliance time is 4,500 flight hours. Operators that do the clevis
replacement and operators that are not required to replace the clevis
both have to comply with the 4,500 flight-hour compliance time to
install the support brackets if that compliance time occurs first.
However, we recognize the concern of Comair, Inc., in that the
compliance time specified in paragraphs (f)(3)(ii) and (f)(3)(iii) of
the NPRM (within 6,000 flight cycles after doing the clevis replacement
or within 600 flight cycles after the effective date of this AD)
penalizes those operators who have taken early action to comply with
replacing the clevis in accordance with Bombardier Alert Service
Bulletin A670BA-32-022, dated November 8, 2007. Therefore, we have
increased the grace period specified in paragraphs (f)(3)(ii) and
(f)(3)(iii) of this AD to allow operators that did the clevis
replacement before the effective date of this AD additional time to do
the installation of the bracket. We have determined that extending the
grace period will not adversely affect safety and meets the intent of
the MCAI, Canadian Airworthiness Directive CF-2009-22, dated May 14,
2009. We have coordinated this change with Transport Canada Civil
Aviation (TCCA).
Under the provisions of paragraph (g) of the final rule, we will
consider requests for approval of an extension of the compliance time
for the installation of the new support brackets if sufficient data are
submitted to substantiate that the new compliance time would provide an
acceptable level of safety. We have not changed the AD in this regard.
Explanation of Change to This AD
We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We determined that this
change 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.
Explanation of Change to Costs of Compliance
Since issuance of the 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
We estimate that this AD will affect 203 products of U.S. registry.
We also estimate that it will take about 12 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 $939 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 U.S. operators to
be $397,677, or $1,959 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 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
0
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:
2010-13-05 Bombardier, Inc.: Amendment 39-16336. Docket No. FAA-
2009-0995; Directorate Identifier 2009-NM-123-AD.
[[Page 35615]]
Effective Date
(a) This airworthiness directive (AD) becomes effective July 28,
2010.
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) airplanes, serial numbers 10003 through 10216 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 15039 inclusive.
Subject
(d) Air Transport Association (ATA) of America Code 32: Landing
Gear.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Investigation into a landing gear retraction problem on a
production test flight revealed that, during aircraft pressurization
and depressurization cycles, the pressure floor in the main landing
gear bay deflects to a small extent. This causes relative
misalignment between the [alternate-extension system] AES bypass
valve, the downlock assist valve and the summing lever which, in
turn, can result in damage to and potential failure of the
respective clevis attached to one or both of the valves. Such a
clevis failure could remain dormant and, in the subsequent event
that use of the AES was required, full landing gear extension may
not be achievable.
This directive gives instructions to replace the clevis, with a
new part, for both the bypass and the downlock assist valves. It
also gives instructions to install new support brackets for both
valves, in order to increase the stiffness of the installations and
thus prevent future relative misalignment and potential clevis
failure.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) For any bypass valve having part number (P/N) 53342-3, at
the applicable time in paragraph (f)(1)(i), (f)(1)(ii), or
(f)(1)(iii) of this AD, replace the existing clevis with a new
clevis having P/N 2323H037, in accordance with Part A of the
Accomplishment Instructions of Bombardier Alert Service Bulletin
A670BA-32-022, Revision A, dated May 1, 2009. The replacement is not
required if paragraph (f)(3) of this AD has already been done.
(i) If the bypass valve has accumulated 9,400 total flight
cycles or fewer as of the effective date of this AD, replace the
clevis before the accumulation of 10,000 total flight cycles on the
valve.
(ii) If the bypass valve has accumulated more than 9,400 total
flight cycles as of the effective date of this AD, replace the
clevis within 550 flight hours after the effective date of this AD.
(iii) If it is not possible to determine the total flight cycles
accumulated on the bypass valve, replace the clevis within 550
flight hours after the effective date of this AD.
(2) For any downlock assist valve having P/N 53341-5, at the
applicable time in paragraph (f)(2)(i), (f)(2)(ii), or (f)(2)(iii)
of this AD, replace the existing clevis with a new clevis, having P/
N 2323H037, in accordance with Part B of the Accomplishment
Instructions of Bombardier Alert Service Bulletin A670BA-32-022,
Revision A, dated May 1, 2009. The replacement is not required if
paragraph (f)(3) of this AD has already been done.
(i) If the valve has accumulated 9,400 total flight cycles or
fewer as of the effective date of this AD, replace the clevis before
the valve has accumulated 10,000 total flight cycles on the valve.
(ii) If the valve has accumulated more than 9,400 total flight
cycles as of the effective date of this AD, replace the clevis
within 550 flight hours after the effective date of this AD.
(iii) If it is not possible to determine the total flight cycles
accumulated by the downlock assist valve, replace the clevis within
550 flight hours after the effective date of this AD.
(3) At the earliest of the times in paragraphs (f)(3)(i),
(f)(3)(ii), and (f)(3)(iii) of this AD, install new support brackets
for the bypass valve and downlock assist valve, in accordance with
Part C of the Accomplishment Instructions of Bombardier Alert
Service Bulletin A670BA-32-022, Revision A, dated May 1, 2009.
Installing the support brackets terminates the requirements of
paragraphs (f)(1) and (f)(2) of this AD.
(i) Within 4,500 flight hours after the effective date of this
AD.
(ii) Within 6,000 flight cycles after accomplishing the actions
specified in paragraph (f)(1) of this AD, or 6,000 flight cycles
after the effective date of this AD, whichever occurs later.
(iii) Within 6,000 flight cycles after accomplishing the actions
specified in paragraph (f)(2) of this AD, or 6,000 flight cycles
after the effective date of this AD, whichever occurs later.
(4) Replacing the clevises for the bypass valve and downlock
assist valve before the effective date of this AD, in accordance
with the Accomplishment Instructions of Bombardier Alert Service
Bulletin A670BA-32-022, dated November 8, 2007, is considered
acceptable for compliance with the corresponding actions specified
in paragraphs (f)(1) and (f)(2) of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) 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
(h) Refer to MCAI Canadian Airworthiness Directive CF-2009-22,
dated May 14, 2009; and Bombardier Alert Service Bulletin A670BA-32-
022, Revision A, dated May 1, 2009; for related information.
Material Incorporated by Reference
(i) You must use Bombardier Alert Service Bulletin A670BA-32-
022, Revision A, including Appendix A, dated May 1, 2009, to do the
actions required by this AD, unless the AD specifies otherwise. (The
revision level is not specified on pages A1 and A2, Appendix A, of
this document; those pages are Revision A, dated May 1, 2009.)
(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.
[[Page 35616]]
Issued in Renton, Washington, on June 10, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-14979 Filed 6-22-10; 8:45 am]
BILLING CODE 4910-13-P