[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Proposed Rules]
[Pages 30740-30742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13230]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / 
Proposed Rules

[[Page 30740]]



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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; e-mail 
<a href="/cdn-cgi/l/email-protection#3d495559135e4f577d5c584f52135f52505f5c4f5954584f135e5250"><span class="__cf_email__" data-cfemail="c8bca0ace6abbaa288a9adbaa7e6aaa7a5aaa9baaca1adbae6aba7a5">[email protected]</span></a>; 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 non-conforming 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

[[Page 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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 non-conforming 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

[[Page 30742]]

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 in-flight 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 
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

    (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


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