[Federal Register: May 13, 2009 (Volume 74, Number 91)]
[Rules and Regulations]
[Page 22432-22435]
[DOCID:fr13my09-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0428; Directorate Identifier 2009-NM-053-AD;
Amendment 39-15900; AD 2009-10-05]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional
Jet Series 100 and 440) Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    A number of Flap Actuators with P/N [part number] 601R93101-21
and 601R93101-25 were identified as having pinion gears that did not
have acceptable certificates of conformance from the supplier. This
condition could result in flap failure. * * *

Endurance testing conducted at Eaton Aerospace with representative
discrepant gears predicted a 3,000 flight cycle life limit for the
affected actuators. Fleet leaders with suspect installed actuators are
rapidly approaching this threshold. Failure of the flap actuator pinion
gear set could cause the right or left inboard panel to disconnect,
which could result in flap asymmetry and

consequent reduced controllability of the airplane. This AD requires
actions that are intended to address the unsafe condition described in
the MCAI.

DATES: This AD becomes effective May 28, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of May 28, 2009.
    We must receive comments on this AD by June 12, 2009.

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:<PHONE_NUMBER>.
     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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) 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<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-13, dated March 26, 2009, (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    A number of Flap Actuators with [part number] P/N 601R93101-21
and 601R93101-25 were identified as having pinion gears that did not
have acceptable certificates of conformance from the supplier. This
condition could result in flap failure. To correct this, operators
are required to replace the Inboard Flap Actuators that are non-
conforming.

Endurance testing conducted at Eaton Aerospace with representative
discrepant gears predicted a 3,000 flight cycle life limit for the
affected actuators. Fleet leaders with suspect installed actuators are
rapidly approaching this threshold. Failure of the flap actuator pinion
gear set could cause the right or left inboard panel to disconnect,
which could result in flap asymmetry and consequent reduced
controllability of the airplane. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Section 27-53-01 of the Bombardier (Canadair)
Regional Jet Aircraft Maintenance Manual, CSP A-001, Revision 40, dated
September 10, 2008, which provides relevant instructions for removing
and replacing the subject actuators. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because this
condition could result in flap failure. Failure of the flap actuator
pinion gear set could cause the right or left inboard panel to
disconnect, which could result in flap asymmetry and consequent reduced
controllability of the airplane. Therefore, we determined that notice
and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-* * *; Directorate
Identifier 2009-NM-053-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition

that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-10-05 Bombardier, Inc. (Formerly Canadair): Amendment 39-15900.
Docket No. FAA-2009-0428; Directorate Identifier 2009-NM-053-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 28,
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model CL-600-2B19
(Regional Jet series 100 and 440) airplanes, certificated in any
category, with serial numbers (S/Ns) 7003 and later, equipped with
inboard flap actuators part number (P/N) 601R93101-21 (Eaton P/N
852D100-21) or P/N 601R93101-25 (Eaton P/N 852D100-25).

Subject

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

Reason

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

    ``A number of Flap Actuators with P/N [part number] 601R93101-21
and 601R93101-25 were identified as having pinion gears that did not
have acceptable certificates of conformance from the supplier. This
condition could result in flap failure. To correct this, operators
are required to replace the Inboard Flap Actuators that are non-
conforming.''

Endurance testing conducted at Eaton Aerospace with representative
discrepant gears predicted a 3,000 flight cycle life limit for the
affected actuators. Fleet leaders with suspect installed actuators
are rapidly approaching this threshold. Failure of the flap actuator
pinion gear set could cause the right or left inboard panel to
disconnect, which could result in flap asymmetry and consequent
reduced controllability of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 100 flight cycles after the effective date of this
AD: Inspect the serial number of each of the flap actuators having
P/N 601R93101-21 and P/N 601R93101-25 installed on the airplane. If
the serial number of the inspected actuator is listed in paragraph
(f)(1)(i) or (f)(1)(ii) of this AD, before further flight, replace
the flap actuator with an actuator that has a serial number not
listed in paragraph (f)(1)(i), (f)(1)(ii), or (f)(2) of this AD, in
accordance with Section 27-53-01 of Bombardier (Canadair) Regional
Jet Aircraft Maintenance Manual (AMM), CSP A-001, Revision 40, dated
September 10, 2008. If any of the serial numbers found have a suffix
``A,'' replacement is not required. A review of airplane maintenance
records is acceptable in lieu of this inspection if the part number
of the flap actuator can be conclusively determined from that
review.
    (i) For P/N 601R93101-21: Serial numbers 7772, 7773, 7774, 7775,
7776, 7778, 7779, 7780, 7781, 7782, 7784, 7786, 7787, 7788, 7790,
7791, 7793, 7797, 7798, 7799, 7801, 7802, 7803, 7804, 7805, 7806,
7807, 7808, 7810, 7813, 7815, 7816, 7817, 7818, 7819, 7820, 7821,
7825, 7826, 7827, 7828, and 7829.
    (ii) For P/N 601R93101-25: Serial numbers 7783 and 7796.

    Note 1:  Replacing an existing flap actuator P/N 601R93101-21
with a P/N 601R93101-25 that does not have a serial number listed in
paragraph (f)(2) of this AD also satisfies the requirements of
paragraph (f)(1) of this AD.

    (2) Within 500 flight cycles after the effective date of this
AD: Inspect the serial number of each of the flap actuators P/N
601R93101-25 installed on the airplane. If the serial number is
3278, 3401, 3512, 3526, 3597, 3599, 3606, 3738, 3806, 3861, 4066,
4284, 4315, 4401, 4499, 4538, 4582, 4658, 4979, 5007, 5094, 6422,
6969, or 7867, before further flight, replace the flap actuator
having P/N 601R93101-25 with a flap actuator having a serial number
not identified in this paragraph or paragraph (f)(1) of this AD. Do
the replacement in accordance with Section 27-53-01 of Bombardier
(Canadair) Regional Jet AMM, CSP A-001, Revision 40, dated September
10, 2008. If any of the serial numbers found have a suffix ``B,''
replacement is not required. A review of airplane maintenance
records is acceptable in lieu of this inspection if the part number
of the flap actuator can be conclusively determined from that
review.
    (3) As of the effective date of this AD, replacement of a flap
actuator having P/N 601R93101-21 or 601R93101-25 with a serial
number identified in paragraph (f)(1)(i), (f)(1)(ii), or (f)(2) of
this AD is not allowed on any airplane unless the serial number of
the actuator listed in paragraph (f)(1)(i) and (f)(1)(ii) of this AD
is identified with suffix ``A,'' and the serial number of the
actuator listed in paragraph (f)(2) is identified with suffix ``B.''

    Note 2: Serial number suffix ``A'' or ``B'' indicates that a
conforming gear set has been installed.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service
information as follows: No differences.

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, 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: 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<PHONE_NUMBER>; 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, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to TCCA Canadian Airworthiness Directive CF-2009-13,
dated March 26, 2009; and Bombardier (Canadair) Regional Jet AMM,
CSP A-001, Revision 40, dated September 10, 2008; for related
information.

Material Incorporated by Reference

    (i) You must use Section 27-53-01 of Bombardier (Canadair)
Regional Jet AMM, CSP A-001, Revision 40, dated September 10, 2008,
as applicable, unless the AD specifies otherwise. Bombardier
(Canadair) Regional Jet AMM, CSP A-001, Revision 40, dated September
10, 2008, contains the following effective pages:

                                             List of Effective Pages
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      Page title/ description           Page number(s)        Revision number          Date shown on page(s)
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AMM Title Page....................  None shown...........  40...................  September 10, 2008.
Organization of Manual............  1-3..................  None shown*..........  September 10, 2008.
Record of Revisions...............  1....................  40...................  September 10, 2008.
Chapter 27 List of Effective Pages  1-30.................  None shown*..........  September 10, 2008.
Section 27-53-01..................  401, 410-416.........  None shown*..........  September 10, 2008.
                                    402-409..............  None shown*..........  April 20, 2004.
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(* The revision level of this document is specified only on the title page and Record of Revisions page.)

    (1) 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<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com.
    (2) 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> or<PHONE_NUMBER>.
    (3) 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 April 30, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-11025 Filed 5-12-09; 8:45 am]

BILLING CODE 4910-13-P