4264 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0031; Directorate 

Identifier 2010–NM–135–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2C10 (Regional Jet 

Series 700, 701, & 702), CL–600–2D15 

(Regional Jet Series 705), and CL–600– 

2D24 (Regional Jet Series 900) 

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: 

There have been two reported cases of 

failure of the MLG [main landing gear] piston 

axle, P/N [part number] 49203–3 or 49203– 

5, resulting from fretting between the inboard 

axle sleeve and axle thrust face, damage to 

the protective coating and consequent stress 

corrosion. In both cases, the MLG did not 

collapse. 

* * * * * 

The unsafe condition is failure of the 

MLG, which could adversely affect the 

airplane’s safe landing. 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 March 11, 2011. 

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: 

Craig Yates, 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– 

7355; 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–2011–0031; Directorate Identifier 

2010–NM–135–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 Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2010–15, 

dated May 13, 2010 (referred to after 

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

condition for the specified products. 

The MCAI states: 

There have been two reported cases of 

failure of the MLG [main landing gear] piston 

axle, P/N [part number] 49203–3 or 49203– 

5, resulting from fretting between the inboard 

axle sleeve and axle thrust face, damage to 

the protective coating and consequent stress 

corrosion. In both cases, the MLG did not 

collapse. 

In order to avoid future axle failures, 

which could potentially result in gear 

collapse and collateral damage, this directive 

mandates repetitive visual inspection [for 

damage and corrosion of the protective 

coating] and repair as necessary, of the MLG 

piston axles, P/N 49203–3 and 49203–5. 

The unsafe condition is failure of the 

MLG, which could adversely affect the 

airplane’s safe landing. You may obtain 

further information by examining the 

MCAI in the AD docket. 

Relevant Service Information 

Bombardier has issued Service 

Bulletin 670BA–32–023, Revision C, 

dated January 29, 2009, including 

Appendix A, Revision B, dated March 5, 

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 

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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Proposed Rules 4265 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 380 products of U.S. 

registry. We also estimate that it would 

take about 22 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$710,600, or $1,870 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–2011– 

0031; Directorate Identifier 2010–NM– 

135–AD. 

Comments Due Date 

(a) We must receive comments by March 

11, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Bombardier, Inc. 

Model CL–600–2C10 (Regional Jet Series 700, 

701 & 702), and CL–600–2D15 (Regional Jet 

Series 705) and CL–600–2D24 (Regional Jet 

Series 900) airplanes; certificated in any 

category. 

Note 1: This AD is not applicable to piston 

axles having part number (P/N) 49203–7 or 

P/N 49203–9, which were installed in 

production on Bombardier, Inc. Model CL– 

600–2C10 airplanes having serial numbers 

(S/Ns) 10266 and subsequent; and Models 

CL–600–2D15 and CL–600–2D24 airplanes 

having S/Ns 15155 and subsequent. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing Gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

There have been two reported cases of 

failure of the MLG [main landing gear] piston 

axle, P/N 49203–3 or 49203–5, resulting from 

fretting between the inboard axle sleeve and 

axle thrust face, damage to the protective 

coating and consequent stress corrosion. In 

both cases, the MLG did not collapse. 

* * * * * 

The unsafe condition is failure of the MLG, 

which could adversely affect the airplane’s 

safe 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. 

Inspection and Repair 

(g) Inspect to determine whether the 

airplane has a main landing gear piston axle 

having P/N 49203–3 or 49203–5. A review of 

airplane maintenance records is acceptable in 

lieu of this inspection if the part number of 

the main landing gear piston axle can be 

conclusively determined from that review. 

(h) Except as required by paragraph (i) of 

this AD, if, during the inspection required by 

paragraph (g) of this AD, the landing gear 

piston axle is determined to have P/N 49203– 

3 or 49203–5: At the applicable time 

specified in paragraph (h)(1), (h)(2), or (h)(3) 

of this AD, do a detailed inspection for 

corrosion and damage of the inboard and 

outboard piston axles, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 670BA–32–023, Revision C, 

dated January 29, 2009. Before further flight, 

repair any corrosion or damage found, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

670BA–32–023, Revision C, dated January 

29, 2009. Within 30 months after the initial 

inspection, or within 12 months after the 

effective date of this AD, whichever occurs 

later, do the inspection specified in this 

paragraph; and repeat the inspection 

thereafter at intervals not to exceed 30 

months. 

(1) For any piston axle that has been in 

service for 48 months or more as of the 

effective date of this AD: Inspect within 12 

months after the effective date of this AD. 

(2) For any piston axle that has been in 

service for 24 months or more, but less than 

48 months, as of the effective date of this AD: 

Inspect within 24 months after the effective 

date of this AD. 

(3) For any piston axle that has been in 

service for less than 24 months as of the 

effective date of this AD: Inspect within 36 

months after the effective date of this AD. 

(i) For airplanes that have mark ‘‘32–45’’ in 

the MOD STATUS field of the piston axle 

nameplate, or that have incorporated one of 

the Bombardier repair engineering orders 

(REOs) listed in paragraph 1.D of Bombardier 

Service Bulletin 670BA–32–023, Revision C, 

dated January 29, 2009: Within 12 months 

after the effective date of this AD, do the 

inspection specified in paragraph (h) of this 

AD, and repeat the inspection thereafter at 

the time specified in paragraph (h) of this 

AD. 

Terminating Action 

(j) Installing a piston axle having P/N 

49203–7 or P/N 49203–9 on any airplane 

constitutes a terminating action for the 

requirements of paragraphs (h), (h)(1), (h)(2), 

and (h)(3) of this AD, for that airplane. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(k) Inspections and repairs accomplished 

before the effective date of this AD according 

to any service bulletin specified in table 1 of 

this AD, are considered acceptable for 

compliance with the inspections and repairs 

specified in paragraph (h) of this AD. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
4266 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Proposed Rules 

TABLE 1—CREDIT FOR ACCOMPLISHMENT OF PREVIOUS SERVICE INFORMATION

Document Revision Date 

Bombardier Service Bulletin 670BA–32–023 .................................................................................... Original ......................... October 24, 2007. 

Bombardier Service Bulletin 670BA–32–023 .................................................................................... A ................................... January 7, 2008. 

Bombardier Service Bulletin 670BA–32–023 .................................................................................... B ................................... March 5, 2008. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(l) 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, 

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. 

(3) Reporting Requirements: A Federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave., SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(m) Refer to MCAI Canadian Airworthiness 

Directive CF–2010–15, dated May 13, 2010; 

and Bombardier Service Bulletin 670BA–32– 

023, Revision C, dated January 29, 2009; for 

related information. 

Issued in Renton, Washington on January 

13, 2011. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–1440 Filed 1–24–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 931 

[SATS No. NM–048–FOR; Docket ID OSM– 

2010–0014] 

New Mexico Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We are announcing receipt of 

a proposed amendment to the New 

Mexico regulatory program (hereinafter, 

the ‘‘New Mexico program’’) under the 

Surface Mining Control and 

Reclamation Act of 1977 (‘‘SMCRA’’ or 

‘‘the Act’’). New Mexico proposes 

revisions to and additions of rules about 

Ownership and Control (‘‘O & C’’). New 

Mexico intends to revise its program to 

be consistent with the rules published 

in the Federal Register notices 

published on December 3, 2007, 

Ownership and Control (72 FR 68000); 

December 19, 2000, Application and 

Permit Information Requirements, 

Permit Eligibility, definitions of 

Ownership and Control, the AVS, 

Alternative Enforcement (65 FR 79582); 

and October 28, 1994, Use of the AVS 

in Surface Coal Mining Reclamation 

Permit Approval, Standards and 

Procedures for Ownership and Control 

Determinations (59 FR 54306). 

This document gives the times and 

locations that the New Mexico program 

and proposed amendment to that 

program are available for your 

inspection, the comment period during 

which you may submit written 

comments on the amendment, and the 

procedures that we will follow for the 

public hearing, if one is requested. 

DATES: We will accept written 

comments on this amendment until 4 

p.m., m.d.t. February 24, 2011. If 

requested, we will hold a public hearing 

on the amendment on February 22, 

2011. We will accept requests to speak 

until 4 p.m., m.d.t. on February 9, 2011. 

ADDRESSES: You may submit comments 

by either of the following two methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. This proposed 

rule has been assigned Docket ID: OSM– 

2010–0014. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to http:// 

www.regulations.gov and follow the 

instructions. 

• Mail/Hand Delivery/Courier: James 

F. Fulton, Chief, Denver Field Division, 

Office of Surface Mining Reclamation 

and Enforcement, 1999 Broadway, Suite 

3320, Denver, CO 80202. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘III. Public Comment 

Procedures’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

In addition to viewing the docket and 

obtaining copies of documents at 

http://www.regulations.gov, you may 

review copies of the New Mexico 

program, this amendment, a listing of 

any public hearings, and all written 

comments received in response to this 

document at the addresses listed below 

during normal business hours, Monday 

through Friday, excluding holidays. You 

may also receive one free copy of the 

amendment by contacting OSM’s 

Albuquerque Office. 

Bob Postle, Branch Chief, Field 

Operations, Program Support Division, 

Western Region, Office of Surface 

Mining Reclamation and Enforcement, 

505 Marquette Ave. NM Suite 1200, 

Albuquerque, NM 87102, Telephone: 

(505) 248–5070. 

Bill Brancard, Acting Director, Mining 

and Minerals Division, New Mexico 

Energy, Minerals and Natural Resources 

Department, 1220 South St. Francis 

Drive, Sante Fe, New Mexico 87505, 

(505) 476–3400. 

FOR FURTHER INFORMATION CONTACT: 

James F. Fulton, Chief, Denver Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 1999 

Broadway, Suite 3320, Denver, CO 


srobinson on DSKHWCL6B1PROD with PROPOSALS