This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

30740 

Vol. 75, No. 105 

Wednesday, June 2, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0439; Directorate 

Identifier 2010–NM–029–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2B16 (CL–604 

Variants (Including CL–605 Marketing 

Variant)) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. 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: Following five reported 

cases of balance washer screw failure on 

similar ADGs [air-driven generators]/ 

ram air turbines installed on other 

aircraft types, investigation by Hamilton 

Sundstrand determined that a specific 

batch of the screws had a 

metallographic non-conformity that 

increased their susceptibility to brittle 

fracture. Failure of a balance washer 

screw can result in loss of the related 

balance washer, with consequent 

turbine imbalance. Such imbalance 

could potentially result in ADG 

structural failure (including blade 

failure), loss of ADG electrical power 

and structural damage to the aircraft 

and, if deployment was activated by a 

dual engine shutdown, could also result 

in loss of hydraulic power for the flight 

controls [and consequent reduced 

ability of the flightcrew to maintain the 

safe flight and landing of the airplane]. 

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 July 19, 2010. 

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 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; email thd.crj@aero.bombardier.com; 

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: 

Christopher Alfano, 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– 

7340; 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–2010–0439; Directorate Identifier 

2010–NM–029–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 have lengthened the 30-day 

comment period for proposed ADs that 

address MCAI originated by aviation 

authorities of other countries to provide 

adequate time for interested parties to 

submit comments. The comment period 

for these proposed ADs is now typically 

45 days, which is consistent with the 

comment period for domestic transport 

ADs. 

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 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2009–50, 

dated December 17, 2009 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Following five reported cases of * * * 

balance washer screw failure on similar 

ADGs [air-driven generators]/ram air turbines 

installed on other aircraft types, investigation 

by Hamilton Sundstrand determined that a 

specific batch of the screws had a 

metallographic non-conformity that 

increased their susceptibility to brittle 

fracture. Subsequently, it was established 

that 152 ‘‘dry’’ ADGs [Hamilton Sundstrand 

Part Numbers (P/Ns) in the 761339 series and 

1711405; see Note] either had nonconforming screws installed during 

production or possibly during maintenance 

or repair at Hamilton Sundstrand repair 

stations. 

Failure of a balance washer screw can 

result in loss of the related balance washer, 

with consequent turbine imbalance. Such 

imbalance could potentially result in ADG 

structural failure (including blade failure), 

loss of ADG electrical power and structural 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Proposed Rules 30741 

damage to the aircraft and, if deployment was 

activated by a dual engine shutdown, could 

also result in loss of hydraulic power for the 

flight controls [and consequent reduced 

ability of the flightcrew to maintain the safe 

flight and landing of the airplane]. 

This [Canadian] directive mandates 

checking of the ADG and replacing the 

balance washer screws, if required. It also 

prohibits future installation of unmodified 

ADGs. 

Note: ADGs with Hamilton Sundstrand P/ 

Ns in the 761339 series and 1711405 are 

installed on the aircraft model listed in the 

Applicability section above in addition to 

Bombardier Inc. Models CL–600–2B19, CL– 

600–2C10 and CL–600–2D24. The latter three 

models are covered in a separate directive. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Bombardier has issued Service 

Bulletins 604–24–021 and 605–24–001, 

both dated July 13, 2009. 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. 

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. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 155 products of U.S. 

registry. We also estimate that it would 

take about 10 work-hours per product to 

comply with the 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 costs. 

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 $131,750, or $850 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Bombardier, Inc.:Docket No. FAA–2010– 

0439; Directorate Identifier 2010–NM– 

029–AD. 

Comments Due Date 

(a) We must receive comments by July 19, 

2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier, Inc. 

Model CL–600–2B16 (CL–604 Variant) 

airplanes; certificated in any category; serial 

numbers (S/N) 5408 and subsequent. 

Note 1: Some Model CL–600–2B16 (CL– 

604 Variant) airplanes might be referred to by 

a marketing designation of CL–605. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 24: Electrical power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Following five reported cases of * * * 

balance washer screw failure on similar 

ADGs [air-driven generators]/ram air turbines 

installed on other aircraft types, investigation 

by Hamilton Sundstrand determined that a 

specific batch of the screws had a 

metallographic non-conformity that 

increased their susceptibility to brittle 

fracture. Subsequently, it was established 

that 152 ‘‘dry’’ ADGs [Hamilton Sundstrand 

Part Numbers (P/Ns) in the 761339 series and 

1711405; see Note] either had nonconforming screws installed during 

production or possibly during maintenance 

or repair at Hamilton Sundstrand repair 

stations. 

Failure of a balance washer screw can 

result in loss of the related balance washer, 

with consequent turbine imbalance. Such 

imbalance could potentially result in ADG 

structural failure (including blade failure), 

loss of ADG electrical power and structural 

damage to the aircraft and, if deployment was 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
30742 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Proposed Rules 

activated by a dual engine shutdown, could 

also result in loss of hydraulic power for the 

flight controls [and consequent reduced 

ability of the flightcrew to maintain the safe 

flight and landing of the airplane]. 

This [Canadian] directive mandates 

checking of the ADG and replacing the 

balance washer screws, if required. It also 

prohibits future installation of unmodified 

ADGs. 

Note: ADGs with Hamilton Sundstrand P/ 

Ns in the 761339 series and 1711405 are 

installed on the aircraft model listed in the 

Applicability section above in addition to 

Bombardier Inc. Models CL–600–2B19, CL– 

600–2C10 and CL–600–2D24. The latter three 

models are covered in a separate directive. 

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. 

Actions 

(g) At the earliest of the times identified in 

paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) of 

this AD, do an inspection to determine the 

serial number of the installed ADG. A review 

of airplane maintenance records is acceptable 

in lieu of this inspection if the serial number 

of the ADG can be conclusively determined 

from that review. 

(1) Within 400 flight hours or 12 months 

after the effective date of this AD, whichever 

occurs first, or 

(2) Prior to the next in-flight or on-ground 

functional test of the ADG, whichever occurs 

first after the effective date of this AD, or 

(3) Prior to the next in-flight or on-ground 

operational test of the ADG, whichever 

occurs first after the effective date of this AD, 

or 

(4) Prior to the next scheduled ADG inflight deployment. 

(h) If the ADG serial number, as 

determined in paragraph (g) of this AD, is not 

listed in paragraph 1.A of the applicable 

Bombardier Service Bulletin listed in Table 

1 of this AD, no further action is required by 

this AD, except for paragraph (j) of this AD. 

TABLE 1—SERVICE BULLETINS

Model— Bombardier service 

bulletin— Dated— 

CL–600–2B16 (CL–604) airplanes ......................................................................................................... 604–24–021 ........... July 13, 2009. 

CL–600–2B16 (CL–605) airplanes ......................................................................................................... 605–24–001 ........... July 13, 2009. 

(i) If the ADG serial number determined in 

paragraph (g) of this AD is identified in 

paragraph 1.A. of the applicable service 

bulletin listed in Table 1 of this AD, before 

further flight, do an inspection to determine 

if the symbol ‘‘24–5’’ is marked on the ADG 

identification plate. A review of airplane 

maintenance records is acceptable in lieu of 

this inspection if the symbol ‘‘24–5’’ can be 

conclusively determined from that review. 

(1) If the symbol ‘‘24–5’’ is marked on the 

ADG identification plate, and the balance 

washer screws have already been replaced, 

no further action is required by this AD, 

except for paragraph (j) of this AD. 

(2) If the symbol ‘‘24–5’’ is not marked on 

the ADG identification plate, before further 

flight, replace all balance washer screws with 

new screws having part number MS24667–14 

and mark the ADG identification plate with 

symbol ‘‘24–5,’’ in accordance with the 

Accomplishment Instructions of the 

applicable service bulletin listed in Table 1 

of this AD. 

(j) As of the effective date of this AD, no 

person may install on any airplane a 

replacement or spare ADG, Hamilton 

Sundstrand part number in the 761339 or 

1711405 series, having one of the serial 

numbers identified in paragraph 1.A. of the 

applicable service bulletin listed in Table 1 

of this AD, unless the ADG is identified with 

the symbol ‘‘24–5’’ on the identification plate. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: 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 the inspection be done on all 

airplanes. We have coordinated this 

difference with TCCA. 

Other FAA AD Provisions 

(k) 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 FAAapproved 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 

(l) Refer to MCAI Canadian Airworthiness 

Directive CF–2009–50, dated December 17, 

2009; and Bombardier Service Bulletins 604– 

24–021, dated July 13, 2009, and 605–24– 

001, dated July 13, 2009; for related 

information. 

Issued in Renton, Washington, on April 30, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–13230 Filed 6–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 65 

[Docket No. FAA–2010–0567; Notice No. 

10–09] 

RIN 2120–AJ66 

Modification of the Process for 

Requesting a Waiver of the Mandatory 

Separation Age of 56 for Air Traffic 

Control Specialists 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The Federal Aviation 

Administration (FAA) proposes to 

amend its regulations concerning the 

process for requesting a waiver of the 

mandatory separation age for Air Traffic 

Control Specialists in flight service 

stations, enroute or terminal facilities, 

and the David J. Hurley Air Traffic 

Control System Command Center. 

Under the proposal, Air Traffic Control 

Specialists would no longer be required 

to certify they have not been involved 

in an operational error (OE), operational 

deviation (OD), or runway incursion in 

the past 5 years. The proposed change 


jlentini on DSKJ8SOYB1PROD with PROPOSALS