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[Federal Register: November 9, 2010 (Volume 75, Number 216)]
[Rules and Regulations]               
[Page 68695-68698]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no10-8]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1106; Directorate Identifier 2010-NM-237-AD; 
Amendment 39-16508; AD 2010-23-19]
RIN 2120-AA64

 
Airworthiness Directives; Bombardier, Inc. Model CL-600-2C10 
(Regional Jet Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet 
Series 705), and Model CL-600-2D24 (Regional Jet Series 900) 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 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:

    Two cases of main landing gear (MLG) failure to fully extend 
have been reported. An MLG failing to extend may result in an unsafe 
asymmetric landing configuration.
    Preliminary investigation has shown that interference between 
the MLG door and the MLG fairing seal prevented the MLG door from 
opening.
* * * * *

The unsafe condition is possible loss of controllability of the 
airplane during landing. This AD requires actions that are intended to 
address the unsafe condition described in the MCAI.

DATES: This AD becomes effective November 24, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 24, 
2010.
    We must receive comments on this AD by December 27, 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 W12-140, 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: Fabio Buttitta, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone (516) 228-7303; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    Transport Canada Civil Aviation, which is the aviation authority 
for Canada, has issued Canadian Airworthiness Directive CF-2010-36, 
dated October 18, 2010 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    Two cases of main landing gear (MLG) failure to fully extend 
have been reported. An MLG failing to extend may result in an unsafe 
asymmetric landing configuration.
    Preliminary investigation has shown that interference between 
the MLG door and the MLG fairing seal prevented the MLG door from 
opening.
    This [Canadian airworthiness] directive mandates [repetitive 
detailed] inspection[s for damage] and rectification, as required, 
of the MLG fairing and seal, MLG door, and adjacent structures.

The unsafe condition is possible loss of controllability of the 
airplane during landing. Damage includes the following:
     Wear lines, cracks, fraying, tears, and evidence of 
chafing of the rubber seal of the MLG fairing;
     Missing and broken rollers, loose and missing fasteners, 
and damaged and missing stops of the MLG inboard doors;

[[Page 68696]]

and damage along the edge of the MLG inboard door adjacent to the MLG 
fairing;
     Missing forward and aft stops, loose and missing fasteners 
of the MLG fairing; and damage along the edge of the MLG fairing 
adjacent to the MLG door; and
     Missing stops, loose and missing fasteners, and missing 
wedges of the stops and wedge on the forward and aft spars.

Rectification (i.e., corrective actions) includes replacing the rubber 
seal or removing the MLG inboard door, and contacting Bombardier for 
repair instructions and doing the repair. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin A670BA-32-030, 
Revision A, including Appendix A, dated October 22, 2010. 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 the 
main landing gear may fail to extend, which could result in an 
asymmetric landing configuration. 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-2010-1106; Directorate 
Identifier 2010-NM-237-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

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:

2010-23-19 Bombardier, Inc.: Amendment 39-16508. Docket No. FAA-
2010-1106; Directorate Identifier 2010-NM-237-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
24, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Bombardier, Inc. airplanes identified 
in paragraphs (c)(1) and (c)(2) of this AD, certificated in any 
category.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) 
airplanes, having serial numbers (S/Ns) 10003 and subsequent.
    (2) Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24 
(Regional Jet Series 900) airplanes, having S/Ns 15001 and 
subsequent.

Subject

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

Reason

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

[[Page 68697]]

    Two cases of main landing gear (MLG) failure to fully extend 
have been reported. An MLG failing to extend may result in an unsafe 
asymmetric landing configuration.
    Preliminary investigation has shown that interference between 
the MLG door and the MLG fairing seal prevented the MLG door from 
opening.
* * * * *
    The unsafe condition is possible loss of controllability of the 
airplane during landing.

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.

Repetitive Inspections and Corrective Actions

    (g) For airplanes having S/Ns 10003 to 10313 inclusive, 15001 to 
15238 inclusive, and 15240 to 15255 inclusive: Within 50 flight 
cycles after the effective date of this AD, do the inspections 
specified in paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) of this 
AD, in accordance with ``PART A--Inspection of the MLG Inboard 
Doors, MLG Fairing and Adjacent Structure'' of the Accomplishment 
Instructions of Bombardier Alert Service Bulletin A670BA-32-030, 
Revision A, dated October 22, 2010. Repeat the inspections 
thereafter at intervals not to exceed 600 flight hours.
    (1) Do a detailed inspection for damage (including wear lines, 
cracks, fraying, tears, and evidence of chafing) of the rubber seal 
of the MLG fairing.
    (2) Do a detailed inspection for damage (including missing and 
broken rollers, loose and missing fasteners, damaged and missing 
stops) of the MLG inboard doors, and damage along the edge of the 
MLG inboard door adjacent to the MLG fairing.
    (3) Do a detailed inspection of the MLG fairing for damage 
(including missing forward and aft stops, loose and missing 
fasteners), and damage along the edge of the MLG fairing adjacent to 
the MLG door.
    (4) Do a detailed inspection for damage (including missing 
stops, loose and missing fasteners, and missing wedges) of the stops 
and wedge on the forward and aft spars.
    (h) For airplanes not identified in paragraph (g) of this AD: 
Within 600 flight hours after the effective date of this AD, do the 
inspections specified in paragraphs (h)(1), (h)(2), (h)(3), and 
(h)(4) of this AD, in accordance with ``PART A--Inspection of the 
MLG Inboard Doors, MLG Fairing and Adjacent Structure'' of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A670BA-32-030, Revision A, dated October 22, 2010. Repeat the 
inspections thereafter at intervals not to exceed 600 flight hours.
    (1) Do a detailed inspection for damage (including wear lines, 
cracks, fraying, tears, and evidence of chafing) of the rubber seal 
of the MLG fairing.
    (2) Do a detailed inspection for damage (including missing and 
broken rollers, loose and missing fasteners, damaged and missing 
stops) of the MLG inboard doors, and damage along the edge of the 
MLG inboard door adjacent to the MLG fairing.
    (3) Do a detailed inspection of the MLG fairing for damage 
(including missing forward and aft stops, loose and missing 
fasteners), and damage along the edge of the MLG fairing adjacent to 
the MLG door.
    (4) Do a detailed inspection for damage (including missing 
stops, loose and missing fasteners, and missing wedges) of the stops 
and wedge on the forward and aft spars.
    (i) If damage to only the rubber seal on the MLG fairing is 
found during any inspection required by paragraph (g) or (h) of this 
AD: Before further flight, do either action in paragraph (i)(1) or 
(i)(2) of this AD.
    (1) Replace the rubber seal on the MLG fairing with a new rubber 
seal, in accordance with ``PART B--Replacement of the Forward Rubber 
Seal on the MLG Fairing'' of the Accomplishment Instructions of 
Bombardier Alert Service Bulletin A670BA-32-030, Revision A, dated 
October 22, 2010.
    (2) Remove the MLG inboard door, in accordance with ``PART C--
Removal of MLG Inboard Door'' of the Accomplishment Instructions of 
Bombardier Alert Service Bulletin A670BA-32-030, Revision A, dated 
October 22, 2010. For airplanes on which the MLG inboard door is re-
installed, do the installation of the MLG inboard door in accordance 
with ``PART D--Installation of MLG Inboard Door'' of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A670BA-32-030, Revision A, dated October 22, 2010.
    (j) If damage other than the damage identified in paragraph (i) 
of this AD is found during any inspection required by paragraph (g) 
or (h) of this AD: Before further flight, contact the Bombardier 
Regional Aircraft Customer Response Center for repair instructions 
and do the repair.
    (k) Submit a report of the positive findings of the initial 
inspection required by paragraph (g) or (h), as applicable, of this 
AD to Bombardier, at the applicable time specified in paragraph 
(k)(1) or (k)(2) of this AD. The report must include the information 
specified in Appendix A of Bombardier Alert Service Bulletin A670BA-
32-030, Revision A, dated October 22, 2010.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (l) Actions accomplished before the effective date of this AD 
according to Bombardier Alert Service Bulletin A670BA-32-030, dated 
October 18, 2010, are considered acceptable for compliance with the 
corresponding action specified in 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

    (m) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York 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

    (n) Refer to MCAI Canadian Airworthiness Directive CF-2010-36, 
dated October 18, 2010; and Bombardier Alert Service Bulletin 
A670BA-32-030, Revision A, dated October 22, 2010; for related 
information.

Material Incorporated by Reference

    (o) You must use Bombardier Alert Service Bulletin A670BA-32-
030, Revision A, including Appendix A, dated October 22, 2010, 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 thd.crj@aero.bombardier.com; 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 68698]]

    Issued in Renton, Washington, on November 1, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-28162 Filed 11-8-10; 8:45 am]
BILLING CODE 4910-13-P
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