[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Rules and Regulations]
[Page 38011-38014]
[DOCID:fr01jy10-9]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1227; Directorate Identifier 2009-NM-119-AD;
Amendment 39-16347; AD 2010-14-02]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model CL-600-2B16 (CL-
604 Variant) Airplanes

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

ACTION: Final rule.

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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 a crack on a ``dry'' ADG [air driven generator]
(Hamilton Sundstrand part number in the 761339 series), in the aft
area of the strut and generator housing assembly, have been reported
on CL-600-2B19 aircraft. The same part number is also installed on
CL-600-2B16 (CL-604) aircraft. Investigation determined that the
crack was in an area of the strut where the wall thickness of the
casting was below specification, due to a manufacturing anomaly in a
specific batch of ADGs. Structural failure and departure of the ADG
during deployment could possibly result in damage to the aircraft
structure. If deployment were activated by a dual engine shutdown,
ADG structural failure would also result in loss of hydraulics for
the flight controls.
* * * * *

The unsafe condition is possible loss of control of the airplane. We
are issuing this AD to require actions to correct the unsafe condition
on these products.

DATES: This AD becomes effective August 5, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 5,
2010.

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: Craig Yates, 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<PHONE_NUMBER>; fax<PHONE_NUMBER>.

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 January 4, 2010 (75
FR 91). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Two cases of a crack on a ``dry'' ADG [air driven generator]
(Hamilton Sundstrand part number in the 761339 series), in the aft
area of the strut and generator housing assembly, have been reported
on CL-600-2B19 aircraft. The same part number is also installed on
CL-600-2B16 (CL-604) aircraft. Investigation determined that the
crack was in an area of the strut where the wall thickness of the
casting was below specification, due to a manufacturing anomaly in a
specific batch of ADGs. Structural failure and departure of the ADG
during deployment could possibly result in damage to the aircraft
structure. If deployment were activated by a dual engine shutdown,
ADG structural failure would also result in loss of hydraulics for
the flight controls.
    This directive gives instructions to check the part number of
the installed ADG and, for ADGs with a part number in the 761339
series, the serial numbers of the ADG and the strut and generator
housing assembly are also to be checked. If these serial numbers are
within specified ranges * * *, initial and

subsequent repeat fluorescent penetrant inspections of the ADG strut
are required.
    This directive also gives instructions to perform a fluorescent
penetrant inspection after each unscheduled in-flight ADG deployment
and a [general] visual inspection after each unscheduled on-ground
ADG deployment. Instructions regarding re-identification (where
applicable) and replacement parts are also included.

The unsafe condition is possible loss of control of the airplane. You
may obtain further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request to Change Table 1

    Bombardier Aerospace (Bombardier) asks that we change Table 1 of
the NPRM to refer to Bombardier Alert Service Bulletin A604-24-017,
Revision 01, dated January 15, 2007, instead of Bombardier Alert
Service Bulletin A604-24-017, dated May 6, 2005. Bombardier states that
Revision 01 is referenced throughout the NPRM.
    We do not agree with the commenter. The service information
identified in Table 1 of this AD is to give credit for inspections done
before the effective date of the AD in accordance with previously
issued service information. Revision 01 of Bombardier Alert Service
Bulletin A604-24-017 is the appropriate source of service information
for accomplishing the actions required after the effective date of this
AD. We have made no change to the AD in this regard.

Request to Change Paragraph (f)(4)

    Bombardier asks that the inspection type specified in paragraph
(f)(4) of the NPRM be changed from a general visual inspection to a
fluorescent penetrant inspection. Bombardier states that Bombardier
Alert Service Bulletin A604-24-017, Revision 01, dated January 15,
2007, specifies a fluorescent penetrant inspection.
    We agree with the commenter. Part III of the Transport Canada Civil
Aviation (TCCA) AD, which equates to paragraph (f)(4) of this AD,
requires merely ``inspecting'' the ADG strut; therefore, to further
clarify the type of inspection, we inadvertently described a general
visual inspection. However, Bombardier Alert Service Bulletin A604-24-
017, Revision 01, dated January 15, 2007, specifies a fluorescent
penetrant inspection of the ADG strut for cracks, which we subsequently
determined is the correct inspection type. Therefore, we have changed
paragraph (f)(4) of this AD to require a fluorescent penetrant
inspection of the ADG strut for cracks.

Explanation of Additional Changes Made to This AD

    We have changed this AD to identify the name of the manufacturer as
published in the most recent type certificate data sheet for the
affected airplane models.
    Paragraph (f)(1)(ii)(C)(1) of this AD was changed to clarify that
the sub-paragraphs identified within that paragraph as (f)(6), (f)(7),
and (f)(8), should have been identified as paragraphs (f)(5), (f)(6),
and (f)(7).

Conclusion

    We reviewed the available data, including the comments received,
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.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 378 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will 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 parts. 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 this AD to the U.S. operators
to be $64,260, or $170 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.
    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<PHONE_NUMBER>) 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 adding the following new AD:

2010-14-02 Bombardier, Inc.: Amendment 39-16347. Docket No. FAA-
2009-1227; Directorate Identifier 2009-NM-119-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August
5, 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
5408 through 5665 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 24:
Electrical Power.

Reason

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

    Two cases of a crack on a ``dry'' ADG [air driven generator]
(Hamilton Sundstrand part number in the 761339 series), in the aft
area of the strut and generator housing assembly, have been reported
on CL-600-2B19 aircraft. The same part number is also installed on
CL-600-2B16 (CL-604) aircraft. Investigation determined that the
crack was in an area of the strut where the wall thickness of the
casting was below specification, due to a manufacturing anomaly in a
specific batch of ADGs. Structural failure and departure of the ADG
during deployment could possibly result in damage to the aircraft
structure. If deployment were activated by a dual engine shutdown,
ADG structural failure would also result in loss of hydraulics for
the flight controls.
    This directive gives instructions to check the part number of
the installed ADG and, for ADGs with a part number in the 761339
series, the serial numbers of the ADG and the strut and generator
housing assembly are also to be checked. If these serial numbers are
within specified ranges * * *, initial and subsequent repeat
fluorescent penetrant inspections of the ADG strut are required.
    This directive also gives instructions to perform a fluorescent
penetrant inspection after each unscheduled in-flight ADG deployment
and a [general] visual inspection after each unscheduled on-ground
ADG deployment. Instructions regarding re-identification (where
applicable) and replacement parts are also included.

The unsafe condition is possible loss of control of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 400 flight hours after the effective date of this AD,
inspect to determine the part number of the installed ADG and
accomplish the actions required by paragraph (f)(1)(i) or (f)(1)(ii)
of this AD, as applicable. A review of airplane maintenance records
is acceptable in lieu of this inspection if the part number of the
ADG can be conclusively determined from that review.
    (i) If the part number of the ADG is 604-90800-23 (Hamilton
Sundstrand part number 1711405), the strut wall thickness is within
specification and no further action is required by this paragraph.
    (ii) If the part number of the ADG is 604-90800-1, -17 or -19
(Hamilton Sundstrand part number in the 761339 series), inspect to
determine the ADG serial number and do the applicable action
required by paragraph (f)(1)(ii)(A), (f)(1)(ii)(B), or (f)(1)(ii)(C)
of this AD. 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.
    (A) If the serial number of the ADG is 2000 or higher, the strut
wall thickness is within specification and only re-identification is
required. Do the actions required by paragraph (f)(8) of this AD.
    (B) If the serial number of the ADG is in the range 0101 through
1999 inclusive, and the symbol 24-3 is marked in the serial number
block of the identification plate, the strut wall thickness is
within specification and only re-identification is required. Do the
actions required by paragraph (f)(8) of this AD.
    (C) If the serial number of the ADG is in the range 0101 through
1999 inclusive, and the symbol 24-3 is not marked in the serial
number block of the identification plate, inspect to determine the
serial number of the strut and generator housing assembly and do the
applicable action required by paragraph (f)(1)(ii)(C)(1) or
(f)(1)(ii)(C)(2) of this AD, as applicable.

    Note 1: Guidance on serial number location can be found in
Figure 1, Sheet 1, of Hamilton Sundstrand Service Bulletin ERPS10AG-
24-3, Revision 3, dated March 12, 2009.

    (1) If the serial number of the strut and generator housing
assembly is in the range 0001 through 2503 inclusive, the
fluorescent penetrant inspection specified in paragraph (f)(2) of
this AD is required. For airplanes on which an unscheduled in-flight
or on-ground ADG deployment has occurred after accomplishing the
actions required by this paragraph, do the actions required by
paragraph (f)(5), (f)(6), or (f)(7) of this AD, as applicable.
    (2) If the serial number of the strut and generator housing
assembly is 2504 or higher, the strut wall thickness is within
specification and only re-identification is required. Do the actions
required by paragraph (f)(8) of this AD.
    (2) For airplanes having a strut and generator housing assembly
identified in paragraph (f)(1)(ii)(C)(1) of this AD, except for
airplanes with serial numbers 5611 through 5665 on which Bombardier
conducted the initial fluorescent penetrant inspection prior to
aircraft delivery and on which the ADG has not been replaced since
aircraft delivery: Within 400 flight hours after the effective date
of this AD, do a fluorescent penetrant inspection of the ADG strut,
and replace the ADG, as applicable, in accordance with paragraphs
2.A., 2.C., and 2.D. of the Accomplishment Instructions in
Bombardier Alert Service Bulletin A604-24-017, Revision 01, dated
January 15, 2007. If the ADG is replaced by an ADG with part number
604-90800-23 (Hamilton Sundstrand part number 1711405), no further
action is required by this paragraph. Accomplishing the requirements
in paragraph (f)(4) of this AD is required for airplanes on which
each ADG has been inspected in accordance with this paragraph.
    (3) Accomplishment of the fluorescent penetrant inspection
before the effective date of this AD in accordance with the
applicable service information identified in Table 1 of this AD is
acceptable for compliance with the requirements of paragraph (f)(2)
of this AD.

                                     Table 1--Acceptable Service Information
----------------------------------------------------------------------------------------------------------------
                     Document                              Revision                          Date
----------------------------------------------------------------------------------------------------------------
Bombardier Alert Service Bulletin                  Original................  May 6, 2005.
 A604[dash]24[dash]017.
Hamilton Sundstrand Service Bulletin ERPS10AG-24-  Original................  April 14, 2005.
 3.
Hamilton Sundstrand Service Bulletin ERPS10AG-24-  Revision 1..............  April 19, 2005.
 3.
Hamilton Sundstrand Service Bulletin ERPS10AG-24-  Revision 2..............  November 14, 2006.
 3.
Hamilton Sundstrand Service Bulletin ERPS10AG-24-  Revision 3..............  March 12, 2009.
 3.
----------------------------------------------------------------------------------------------------------------

    Note 2: In Hamilton Sundstrand Service Bulletin ERPS10AG-24-3,
the fluorescent penetrant inspection is referred to as a ``penetrant
check.''

    (4) As of the effective date of this AD, for airplanes on which
the inspection required by paragraph (f)(2) of this AD has been done
and on which a scheduled ADG operational test is performed: Before
further flight after each test, do a fluorescent penetrant
inspection of the ADG strut for cracks, and replace the ADG if any
crack is found, in accordance with paragraphs 2.A., 2.C., and 2.D.
of the Accomplishment Instructions in Bombardier Alert Service
Bulletin A604-24-017, Revision 01, dated January 15, 2007. If the
ADG is replaced by an ADG with part number 604-90800-23 (Hamilton
Sundstrand part number 1711405), no further action is required by
this paragraph.
    (5) As of the effective date of this AD, for airplanes
identified in paragraph (f)(1)(ii)(C)(1) of this AD on which an
unscheduled in-flight ADG deployment occurs: Before further flight
after each deployment, do a general visual inspection of the ADG
strut for cracks, and replace the ADG if any crack is found, in
accordance with paragraphs 2.A., 2.B., and 2.D. of the
Accomplishment Instructions in Bombardier Alert Service Bulletin
A604-24-017, Revision 01, dated January 15, 2007. [If the ADG is
replaced by an ADG with part number 604-90800-23 (Hamilton
Sundstrand part number 1711405), no further action is required by
this paragraph.] The general visual inspection required by this
paragraph is not required if the fluorescent penetrant inspection
required by paragraph (f)(6) of this AD is performed before further
flight.
    (6) For airplanes identified in paragraph (f)(1)(ii)(C)(1) of
this AD on which an unscheduled in-flight ADG deployment occurs:
Within 3 days or 10 hours time-in-service, whichever comes first,
after each deployment, perform a fluorescent penetrant inspection of
the ADG strut, and replace the ADG, as applicable, in accordance
with paragraphs 2.A., 2.C., and 2.D. of the Accomplishment
Instructions in Bombardier Alert Service Bulletin A604-24-017,
Revision 01, dated January 15, 2007. If the ADG is replaced by an
ADG with part number 604-90800-23 (Hamilton Sundstrand part number
1711405), no further action is required by this paragraph.
    (7) For airplanes identified in paragraph (f)(1)(ii)(C)(1) of
this AD on which an unscheduled on-ground ADG deployment task is
done: Before further flight after each deployment, do a general
visual inspection of the ADG strut for cracks, and replace the ADG
if any crack is found, in accordance with paragraphs 2.A., 2.B., and
2.D. of the Accomplishment Instructions in Bombardier Alert Service
Bulletin A604-24-017, Revision 01, dated January 15, 2007. If the
ADG is replaced by an ADG with part number 604-90800-23 (Hamilton
Sundstrand part number 1711405), no further action is required by
this paragraph.
    (8) For airplanes identified in paragraphs (f)(1)(ii)(A),
(f)(1)(ii)(B), and (f)(1)(ii)(C)(2) of this AD: Within 400 flight
hours after the effective date of this AD, re-identify the ADG, in
accordance with the Accomplishment Instructions in Bombardier
Service Bulletin 604-24-019, dated October 1, 2007. Following re-
identification, no further action is required by this paragraph.

    Note 3:  Paragraph (f)(8) of this AD is applicable only if
required by paragraph (f)(1)(ii)(A), (f)(1)(ii)(B), or
(f)(1)(ii)(C)(2) of this AD. The strut wall thickness of the ADGs
specified in these paragraphs is not below specification.

    (9) As of the effective date of this AD, no person may install
an ADG having part number 604-90800-1, -17, or -19 (Hamilton
Sundstrand part number in the 761339 series) on any airplane if the
serial number of the ADG is in the range 0101 through 1999 strut and
the serial number of the generator housing assembly is in the range
0001 through 2503.

    Note 4: The Bombardier CL-604 Illustrated Parts Catalog
specifies that, for an ADG with a Hamilton Sundstrand part number in
the 761339 series, future procurement is to be an ADG with Hamilton
Sundstrand part number 1711405.

    (10) Although Bombardier Alert Service Bulletin A604-24-017,
Revision 01, dated January 15, 2007; and Service Bulletin 604-24-
019, dated October 1, 2007; specify submitting certain information
to the manufacturer, this AD does not require that submission.

FAA AD Differences

    Note 5: This AD differs from the MCAI and/or service information
as follows: Although the MCAI or service information tells you to
submit information to the manufacturer, paragraph (f)(10) of this AD
specifies that such submittal is not required.

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: Program Manager,
Continued Operational Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228-
7300; fax<PHONE_NUMBER>. 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.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2009-24,
dated May 19, 2009; Bombardier Alert Service Bulletin A604-24-017,
Revision 01, dated January 15, 2007; and Bombardier Service Bulletin
604-24-019, dated October 1, 2007; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Alert Service Bulletin A604-24-017,
Revision 01, dated January 15, 2007; and Bombardier Service Bulletin
604-24-019, dated October 1, 2007; as applicable; 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<PHONE_NUMBER>; fax 514-855-
7401; e-mail<EMAIL_ADDRESS>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<PHONE_NUMBER>.
    (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<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on June 17, 2010.
Robert D. Breneman,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-15818 Filed 6-30-10; 8:45 am]
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