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

15399 

Vol. 74, No. 64 

Monday, April 6, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0310; Directorate 

Identifier 2009–NM–012–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) 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: 

During the Acceptance Test Procedure 

(ATP) of returned Inboard Flap Actuators 

* * * an excessive wear condition was 

identified regarding endplay between the flap 

actuator and ball screw. Excessive wear of 

the screw and ball nut could potentially lead 

to a flap system jam. * * * 

* * * * * 

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 May 6, 2009. 

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; 

e-mail 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 or 425–227–1152. 

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: 

Fabio Buttitta, Aerospace Engineer, 

Airframe and Propulsion Branch, ANE– 

171, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7303; 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–2009–0310; Directorate Identifier 

2009–NM–012–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 

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–2008–33R1, 

dated January 9, 2009 (referred to after 

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

condition for the specified products. 

The MCAI states: 

During the Acceptance Test Procedure 

(ATP) of returned Inboard Flap Actuators 

Part Number (PN) 601R93101–19, an 

excessive wear condition was identified 

regarding endplay between the flap actuator 

and ball screw. Excessive wear of the screw 

and ball nut could potentially lead to a flap 

system jam. A Temporary Revision (TR) has 

been made to the Bombardier CL–600–2B19 

Maintenance Requirements Manual (MRM), 

Appendix A, ‘‘Certification Maintenance 

Requirements’’ (CMR) to ensure that 

unacceptable wear on the nut and ball screw 

is detected and corrected. 

Revision 1 of this directive introduces a 

new phase-in schedule for performing a new 

CMR task C27–50–300–01. 

Relevant Service Information 

Bombardier has issued Temporary 

Revision 2A–41, dated November 7, 

2007, to Appendix A of the 

Airworthiness Requirements, Part 2, of 

the Bombardier CL–600–2B19 

Maintenance Requirements Manual. 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. 


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15400 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 

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 668 products of U.S. registry. We 

also estimate that it would take about 3 

work-hours per product to comply with 

the basic requirements of this proposed 

AD. The average labor rate is $80 per 

work-hour. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $160,320, or $240 

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. (Formerly Canadair): 

Docket No. FAA–2009–0310; Directorate 

Identifier 2009–NM–012–AD. 

Comments Due Date 

(a) We must receive comments by May 6, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier Model 

CL–600–2B19 (Regional Jet Series 100 & 440) 

airplanes, all serial numbers, certificated in 

any category. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance according 

to paragraph (g)(1) of this AD. The request 

should include a description of changes to 

the required inspections that will ensure the 

continued operational safety of the airplane. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During the Acceptance Test Procedure 

(ATP) of returned Inboard Flap Actuators 

Part Number (PN) 601R93101–19, an 

excessive wear condition was identified 

regarding endplay between the flap actuator 

and ball screw. Excessive wear of the screw 

and ball nut could potentially lead to a flap 

system jam. A Temporary Revision (TR) has 

been made to the Bombardier CL–600–2B19 

Maintenance Requirements Manual (MRM), 

Appendix A, ‘‘Certification Maintenance 

Requirements’’ (CMR) to ensure that 

unacceptable wear on the nut and ball screw 

is detected and corrected. 

Revision 1 of this directive introduces a 

new phase-in schedule for performing a new 

CMR task C27–50–300–01. 

Actions and Compliance 

(f) Unless already done, within 30 days 

after the effective date of this AD, revise the 

Airworthiness Requirements section of 

Bombardier Model CL–600–2B19 MRM to 

include the information in Bombardier TR 

2A–41, dated November 7, 2007, to 

Appendix A of the Airworthiness 

Requirements, Part 2, of the Bombardier CL– 

600–2B19 Maintenance Requirements 

Manual (MRM). The initial compliance time 

with the new CMR task must be done within 

500 flight hours after the effective date of this 

AD. 

Note 2: The actions required by paragraph 

(f) of this AD may be done by inserting a 

copy of Bombardier TR 2A–41, dated 

November 7, 2007, to Appendix A of the 

Airworthiness Requirements, Part 2, of the 

Bombardier CL–600–2B19 MRM. When this 

TR has been included in general revisions of 

the MRM, the general revisions may be 

inserted in the MRM, provided the relevant 

information in the general revision is 

identical to that in Bombardier TR 2A–41. 

FAA AD Differences 

Note 3: 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), 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: Fabio 

Buttitta, Aerospace Engineer, Airframe and 

Propulsion Branch, ANE–171, FAA, New 

York ACO, 1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone (516) 

228–7303; 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. 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 15401 

(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, 

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–2008–33R1, dated January 9, 

2009; and Bombardier Temporary Revision 

2A–41, dated November 7, 2007, to 

Appendix A of the Airworthiness 

Requirements, Part 2, of the Bombardier CL– 

600–2B19 Maintenance Requirements 

Manual; for related information. 

Issued in Renton, Washington, on March 

30, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–7643 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0309; Directorate 

Identifier 2008–NM–173–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200, A330–300, A340–200, and 

A340–300 Series 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: 

Several cases have been reported of inflight loss of the drive strut fitting from the 

movable fairing of flap track No. 3. 

Consequently, the flap track No. 3 fairing was 

detached from its aft end, and found hanging. 

Investigations have shown that the 

detachment of the aft lower drive strut fitting 

from the fairing occurred due to the four 

bonded inserts being pulled out. 

This condition, if not corrected, could lead 

to in-flight loss of the affected aircraft parts, 

potentially resulting in injuries to persons on 

the ground. 

* * * * * 

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 May 6, 2009. 

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 Airbus SAS—Airworthiness 

Office—EAL, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

fax +33 5 61 93 45 80, e-mail 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.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 or 425–227–1152. 

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: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1138; fax (425) 227–1320. 

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–2009–0309; Directorate Identifier 

2008–NM–173–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 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0153, 

dated August 8, 2008 (referred to after 

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

condition for the specified products. 

The MCAI states: 

Several cases have been reported of inflight loss of the drive strut fitting from the 

movable fairing of flap track No. 3. 

Consequently, the flap track No. 3 fairing was 

detached from its aft end, and found hanging. 

Investigations have shown that the 

detachment of the aft lower drive strut fitting 

from the fairing occurred due to the four 

bonded inserts being pulled out. 

This condition, if not corrected, could lead 

to in-flight loss of the affected aircraft parts, 

potentially resulting in injuries to persons on 

the ground. 

For the reason described above, this AD 

requires the modification of the movable flap 

track fairing No. 3, both Left Hand (LH) and 

Right Hand (RH) side, and prohibits reinstallation of unmodified units. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletins A330–57–3095, Revision 02, 

dated April 3, 2008; and A340–57–4103, 

Revision 01, dated April 3, 2008. 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 


pwalker on PROD1PC71 with PROPOSALS