[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Rules and Regulations]
[Pages 34225-34229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16467]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0138; Directorate Identifier 2008-NM-216-AD; 
Amendment 39-15966; AD 2009-15-03]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model BD-700-1A10 and BD-
700-1A11 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding an existing 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:

    During scheduled maintenance inspection, a bolt which connects 
the PCU (power control unit) to the elevator surface was found 
fractured in the assembly. Further inspection of the assembly 
revealed that the bearing on the PCU rod end had seized, which 
resulted in damage to the attachment fitting bushing and fracture of 
the bolt. Inspection of other in-service airplanes revealed two more 
seized PCU attachment joints. However, except seizure, no fractured 
bolt was found on these airplanes. Failure of the bolts in both PCUs 
on one side could result in disconnection of the elevator control 
surface which would lead to flutter and loss of the aircraft.
* * * * *
    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective August 19, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 19, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Pong K. Lee, 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) 228-7324; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on February 23, 2009 
(74 FR 8045). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During scheduled maintenance inspection, a bolt which connects 
the PCU (power control unit) to the elevator surface was found 
fractured in the assembly. Further inspection of the assembly 
revealed that the bearing on the PCU rod end had seized, which 
resulted in damage to the attachment fitting bushing and fracture of 
the bolt. Inspection of other in-service airplanes revealed two more 
seized PCU attachment joints. However, except seizure, no fractured 
bolt was found on these airplanes. Failure of the bolts in both PCUs 
on one side could result in disconnection of the elevator control 
surface which would lead to flutter and loss of the aircraft.
    This Airworthiness Directive (AD) is issued to mandate the 
inspection and

[[Page 34226]]

lubrication of all part number (P/N) GT411-3800-5 and GT411-3800-7 
PCU attachment joints.

    The required actions include inspections for damage and seizure 
(including signs of seizure) of the PCU attachment joints, an 
inspection for damage (including wear damage, fretting, corrosion, 
galling, scoring, fretting wear, and parts that do not meet inspection 
requirements) of the PCU attachment joint components, and applicable 
corrective actions. You may obtain further information by examining the 
MCAI in the AD docket.

Explanation of Revised Service Information

    Bombardier has issued the revised service information specified in 
the below table. We have changed paragraphs (f)(1) through (f)(5), 
paragraph (f)(7), and paragraphs (g)(1) and (g)(2) of this AD to add 
the revised service information specified in the following table.

                                           Revised Service Information
----------------------------------------------------------------------------------------------------------------
                                                     Revision
                 Service Bulletin                     level                           Date
----------------------------------------------------------------------------------------------------------------
Bombardier Alert Service Bulletin A700-1A11-27-024         02  November 10, 2008.
Bombardier Alert Service Bulletin A700-27-066.....         02  November 10, 2008.
Bombardier Service Bulletin 700-1A11-27-025.......         01  November 24, 2008.
Bombardier Service Bulletin 700-27-067............         01  November 24, 2008.
----------------------------------------------------------------------------------------------------------------

    No additional work is necessary for airplanes on which the 
previously issued service information specified in the following table 
has been accomplished. We have revised paragraph (f)(6) and added a new 
paragraph (g)(3) to this AD to include credit for accomplishing the 
actions before the effective date of this AD using the previously 
issued service information.

                                      Previously Issued Service Information
----------------------------------------------------------------------------------------------------------------
                                                     Revision
                 Service Bulletin                     level                           Date
----------------------------------------------------------------------------------------------------------------
Bombardier Alert Service Bulletin A700-1A11-27-024         01  October 3, 2008.
Bombardier Alert Service Bulletin A700-27-066.....         01  October 3, 2008.
Bombardier Service Bulletin 700-1A11-27-025.......      (\1\)  October 9, 2008.
Bombardier Service Bulletin 700-27-067............      (\1\)  October 9, 2008.
----------------------------------------------------------------------------------------------------------------
\1\ Original.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.
    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 157 products of U.S. 
registry.
    We estimate that it will take about 4 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $50,240, or $320 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 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.

[[Page 34227]]

    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

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 the NPRM, 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.

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 removing Amendment 39-15753 (73 FR 
72316, November 28, 2008) and adding the following new AD:

2009-15-03 Bombardier, Inc.: Amendment 39-15966. Docket No. FAA-
2009-0138; Directorate Identifier 2008-NM-216-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
19, 2009.

Affected ADs

    (b) This AD supersedes AD 2008-24-12, Amendment 39-15753.

Applicability

    (c) This AD applies to Bombardier Model BD-700-1A10 and BD-700-
1A11 airplanes, certificated in any category, serial numbers (S/Ns) 
9002 through 9222 inclusive; equipped with elevator power control 
units (PCUs) having part number (P/N) GT411-3800-5 or GT411-3800-7.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During scheduled maintenance inspection, a bolt which connects 
the PCU (power control unit) to the elevator surface was found 
fractured in the assembly. Further inspection of the assembly 
revealed that the bearing on the PCU rod end had seized, which 
resulted in damage to the attachment fitting bushing and fracture of 
the bolt. Inspection of other in-service airplanes revealed two more 
seized PCU attachment joints. However, except seizure, no fractured 
bolt was found on these airplanes. Failure of the bolts in both PCUs 
on one side could result in disconnection of the elevator control 
surface which would lead to flutter and loss of the aircraft.
    This Airworthiness Directive (AD) is issued to mandate the 
inspection and lubrication of all part number (P/N) GT411-3800-5 and 
GT411-3800-7 PCU attachment joints.
    The required actions include inspections for damage and seizure 
(including signs of seizure) of the PCU attachment joints, an 
inspection for damage (including wear damage, fretting, corrosion, 
galling, scoring, fretting wear, and parts that do not meet 
inspection requirements) of the PCU attachment joint components, and 
applicable corrective actions.

Restatement of Requirements of AD 2008-24-12:

    (f) Unless already done: For airplanes on which elevator PCUs 
with P/N GT411-3800-5 or P/N GT411-3800-7, S/N 0615 and lower, are 
installed, excluding P/N GT411-3800-7 PCUs having a serial number 
listed in Table 1 of this AD, and excluding P/N GT411-3800-7 PCUs on 
which less than 1,000 flight hours have accumulated on the PCUs as 
of December 15, 2008 (the effective date of AD 2008-24-12), do the 
actions specified in paragraphs (f)(1), (f)(2), and (f)(3) of this 
AD.

    Note 1: Units listed in Table 1 of this AD have been lubricated 
by the vendor and the inspections required by paragraphs (f)(1), 
(f)(2), (f)(3), and (f)(4) of this AD are not required for those 
units.


                         Table 1--Serial Numbers
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                   0030                                 0199
                   0031                                 0202
                   0033                                 0205
                   0041                                 0206
                   0046                                 0208
                   0060                                 0210
                   0062                                 0214
                   0066                                 0218
                   0081                                 0222
                   0083                                 0223
                   0087                                 0240
                   0092                                 0262
                   0097                                 0265
                   0101                                 0281
                   0105                                 0296
                   0108                                 0301
                   0109                                 0310
                   0111                                 0323
                   0110                                 0365
                   0119                                 0369
                   0130                                 0406
                   0138                                 0407
                   0141                                 0408
                   0145                                 0413
                   0156                                 0420
                   0161                                 0427
                   0163                                 0429
                   0164                                 0430
                   0165                                 0431
                   0171                                 0433
                   0173                                 0435
                   0174                                 0438
                   0178                                 0453
                   0179                                 0491
                   0181                                 0495
                   0183                                 0504
                   0188                                 0506
                   0190                                 0513
                   0191                                 0533
                   0197                                 0536
                   0198                                 0586
------------------------------------------------------------------------

    (1) Within 10 flight cycles or 50 flight hours after December 
15, 2008, whichever occurs first: Inspect for damage and wear and 
lubricate the PCU attachment joints in accordance with Bombardier 
Alert Service Bulletin A700-1A11-27-024, Revision 02, dated November 
10, 2008; or Bombardier Alert Service Bulletin A700-27-066, Revision 
02, dated November 10, 2008; as applicable.
    (2) Within 90 days or 200 flight hours after performing the 
actions required by paragraph (f)(1) of this AD, whichever occurs 
first: Repeat the inspection and lubrication of the PCU attachment 
joints in accordance with Bombardier Alert Service Bulletin A700-
1A11-27-024, Revision 02, dated November 10, 2008; or Bombardier 
Alert Service Bulletin A700-27-066, Revision 02, dated November 10, 
2008; as applicable.
    (3) Within 45 days or 100 flight hours after performing the 
actions required by paragraph (f)(2) of this AD, whichever occurs 
first: Repeat the inspection and lubrication of the PCU attachment 
joints in accordance with Bombardier Alert Service Bulletin A700-
1A11-27-024, Revision 02, dated November 10, 2008; or Bombardier 
Alert Service Bulletin A700-27-066, Revision 02, dated November 10, 
2008; as applicable. Repeat the inspection thereafter at intervals 
not to exceed 45 days or 100 flight hours, whichever occurs first, 
until paragraph (f)(4) of this AD is accomplished.
    (4) Completion of a disassembly with an inspection for damage, 
applicable corrective actions, and lubrication of the PCU attachment 
joint components in accordance with Bombardier Service Bulletin 700-
1A11-27-025, Revision 01, dated November 24, 2008; or Bombardier 
Service Bulletin 700-27-067, Revision 01, dated November 24, 2008; 
as applicable; constitutes terminating action for the inspections 
required by paragraphs (f)(1), (f)(2), and (f)(3) of this AD.
    (5) Unless already done, if any damage or seizure is found 
during any inspection required by paragraphs (f)(1), (f)(2), (f)(3), 
and (f)(4) of this AD, before further flight, replace the affected 
part in accordance with Bombardier Service Bulletin 700-1A11-27-025, 
Revision 01, dated November 24, 2008; or Bombardier Service Bulletin 
700-27-067, Revision 01, dated November 24, 2008; as applicable.

[[Page 34228]]

    (6) Actions done before December 15, 2008, in accordance with 
Bombardier Alert Service Bulletin A700-1A11-27-024 or Bombardier 
Alert Service Bulletin A700-27-066, both dated October 2, 2008; or 
Revision 01, both dated October 3, 2008; as applicable; are 
acceptable for compliance with the corresponding requirements of 
this AD.
    (7) Unless already done, submit a report to Bombardier of all 
findings found during any inspection required by paragraphs (f)(1), 
(f)(2), (f)(3), and (f)(4) of this AD, in accordance with the 
applicable service bulletin listed in Table 2 of this AD.
    (i) If the inspection was done on or after December 15, 2008: 
Submit the report within 14 days after the inspection.
    (ii) If the inspection was done before December 15, 2008: Submit 
the report within 14 days after December 15, 2008.

                                     Table 2--Service Bulletins for Reports
----------------------------------------------------------------------------------------------------------------
                                                     Revision
                 Service Bulletin                     level                           Date
----------------------------------------------------------------------------------------------------------------
Bombardier Alert Service Bulletin A700-1A11-27-024         02  November 10, 2008.
Bombardier Alert Service Bulletin A700-27-066.....         02  November 10, 2008.
Bombardier Service Bulletin 700-1A11-27-025.......         01  November 24, 2008.
Bombardier Service Bulletin 700-27-067............         01  November 24, 2008.
----------------------------------------------------------------------------------------------------------------

New Requirements of This AD: Actions and Compliance

    (g) Unless already done, do the actions specified in paragraph 
(g)(1) or (g)(2) of this AD, as applicable, at the time specified.
    (1) For airplanes identified in paragraph (f) of this AD: Within 
45 days or 100 flight hours after the effective date of this AD, 
whichever occurs first, complete a disassembly with an inspection 
for damage, applicable corrective actions, and lubrication of the 
PCU attachment joint components in accordance with Bombardier 
Service Bulletin 700-1A11-27-025, Revision 01, dated November 24, 
2008; or Bombardier Service Bulletin 700-27-067, Revision 01, dated 
November 24, 2008; as applicable.
    (2) For airplanes not identified in paragraph (f) of this AD on 
which elevator PCUs with P/N GT411-3800-7 are installed: Within 180 
days or 400 flight hours after the effective date of this AD, 
whichever occurs first, complete a disassembly with an inspection 
for damage, applicable corrective actions, and lubrication of the 
PCU attachment joint components in accordance with Bombardier 
Service Bulletin 700-1A11-27-025, Revision 01, dated November 24, 
2008; or Bombardier Service Bulletin 700-27-067, Revision 01, dated 
November 24, 2008; as applicable.
    (3) Actions done before the effective date of this AD in 
accordance with Bombardier Service Bulletin 700-1A11-27-025, dated 
October 9, 2008; or Bombardier Service Bulletin 700-27-067, dated 
October 9, 2008; as applicable; are acceptable for compliance with 
the corresponding requirements of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: Paragraph A.3. of the MCAI requires a one-time 
inspection; however, since we have changed the compliance time for 
the terminating action in paragraph A.4. of the MCAI (refer to 
paragraph (g)(1) of this AD), paragraph (f)(3) of this AD requires 
repeating the inspections until the terminating action is performed.

Other FAA AD Provisions

    (h) 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: Pong K. Lee, Aerospace 
Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York 
ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; 
telephone (516) 228-7324; 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.
    (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.
    (4) Special Flight Permits: As described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), special flight permits are not allowed.

Related Information

    (i) Refer to MCAI Canadian Emergency Airworthiness Directive CF-
2008-31, dated October 9, 2008, and the service information 
specified in Table 2 of this AD, for related information.

Material Incorporated by Reference

    (j) You must use the service information contained in Table 3 of 
this AD to do the actions required by this AD, as applicable, unless 
the AD specifies otherwise.

                                   Table 3--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                                                     Revision
                     Document                         level                           Date
----------------------------------------------------------------------------------------------------------------
Bombardier Alert Service Bulletin A700-1A11-27-024         02  November 10, 2008.
Bombardier Alert Service Bulletin A700-27-066.....         02  November 10, 2008.
Bombardier Service Bulletin 700-1A11-27-025.......         01  November 24, 2008.
Bombardier Service Bulletin 700-27-067............         01  November 24, 2008.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of the 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 <a href="/cdn-cgi/l/email-protection#99edf1fdb7faebf3d9f8fcebf6b7fbf6f4fbf8ebfdf0fcebb7faf6f4"><span class="__cf_email__" data-cfemail="daaeb2bef4b9a8b09abbbfa8b5f4b8b5b7b8bba8beb3bfa8f4b9b5b7">[email protected]</span></a>; 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 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For

[[Page 34229]]

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.

    Issued in Renton, Washington, on July 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-16467 Filed 7-14-09; 8:45 am]
BILLING CODE 4910-13-P


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