
[Federal Register: November 28, 2008 (Volume 73, Number 230)]
[Rules and Regulations]               
[Page 72316-72320]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no08-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1238; Directorate Identifier 2008-NM-181-AD; 
Amendment 39-15753; AD 2008-24-12]
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; 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:

    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 AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective December 15, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 15, 
2008.
    We must receive comments on this AD by December 29, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.

[[Page 72317]]

     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 (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, has issued Canadian Emergency Airworthiness 
Directive CF-2008-31, dated October 9, 2008 (referred to after this as 
``the MCAI''), 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 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.

Relevant Service Information

    Bombardier has issued the service information in the following 
table. The actions described in the service information are intended to 
correct the unsafe condition identified in the MCAI.

                            Service Bulletins
------------------------------------------------------------------------
       Service Bulletin         Revision level             Date
------------------------------------------------------------------------
Bombardier Alert Service       01..............  October 3, 2008.
 Bulletin A700-1A11-27-024.
Bombardier Alert Service       01..............  October 3, 2008.
 Bulletin A700-27-066.
Bombardier Service Bulletin    Original........  October 9, 2008.
 700-1A11-27-025.
Bombardier Service Bulletin    Original........  October 9, 2008.
 700-27-067.
------------------------------------------------------------------------

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 
failure of the bolts in both PCUs on one side of the airplane could 
cause disconnection of the elevator control surface which could result 
in flutter and consequent loss 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-2008-1238; Directorate 
Identifier 2008-NM-181-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

[[Page 72318]]

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:

2008-24-12 Bombardier: Amendment 39-15753. Docket No. FAA-2008-1238; 
Directorate Identifier 2008-NM-181-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
15, 2008.

Affected ADs

    (b) None.

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 continued 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.

Actions and Compliance

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

    (1) Within 10 flight cycles or 50 flight hours after the 
effective date of this AD, 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 01, dated October 3, 2008; or Bombardier Alert Service 
Bulletin A700-27-066, Revision 01, dated October 3, 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 01, dated October 3, 2008; or Bombardier Alert 
Service Bulletin A700-27-066, Revision 01, dated October 3, 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

[[Page 72319]]

PCU attachment joints in accordance with Bombardier Alert Service 
Bulletin A700-1A11-27-024, Revision 01, dated October 3, 2008; or 
Bombardier Alert Service Bulletin A700-27-066, Revision 01, dated 
October 3, 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, dated October 9, 2008; or Bombardier Service Bulletin 
700-27-067, dated October 9, 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, 
dated October 9, 2008, or Bombardier Service Bulletin 700-27-067, 
dated October 9, 2008, as applicable.
    (6) Actions done before the effective date of this AD in 
accordance with the Bombardier Alert Service Bulletins A700-1A11-27-
024 and A700-27-066, both dated October 2, 2008, 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 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 the effective date of 
this AD: Submit the report within 14 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 14 days after the effective date 
of this AD.

                 Table 2--Service Bulletins for Reports
------------------------------------------------------------------------
       Service Bulletin         Revision level             Date
------------------------------------------------------------------------
Bombardier Alert Service       01..............  October 3, 2008.
 Bulletin; A700-1A11-27-024.
Bombardier Alert Service       01..............  October 3, 2008.
 Bulletin; A700-27-066.
Bombardier Service Bulletin;   Original........  October 9, 2008.
 700-1A11-27-025.
Bombardier Service Bulletin;   Original........  October 9, 2008.
 700-27-067.
------------------------------------------------------------------------

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) This AD does not mandate the terminating action specified in 
paragraph A.4. of the MCAI; it is included as an optional 
terminating action in paragraph (f)(4) of this AD. The planned 
compliance times for that action would allow enough time to provide 
notice and opportunity for prior public comment on the merits of 
those actions. Therefore, we are considering further rulemaking to 
require the terminating action on all affected airplanes.
    (2) Paragraph A.3. of the MCAI requires a one-time inspection; 
however, since we have changed the terminating action in paragraph 
A.4. of the MCAI to an optional action, paragraph (f)(3) of this AD 
requires repeating the inspections until the terminating action is 
performed.
    (3) This AD does not require the inspection and lubrication of 
PCUs specified in Paragraph B. of the MCAI. The planned compliance 
times for those actions would allow enough time to provide notice 
and opportunity for prior public comment on the merits of those 
actions. Therefore, we are considering further rulemaking to address 
this issue.

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: 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 
appropriate principal inspector (PI) in the FAA Flight Standards 
District Office (FSDO), or lacking a PI, your local FSDO.
    (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

    (h) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Transport Canada Civil Aviation 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

    (i) You must use the service information specified in Table 3 of 
this AD 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 514-855-5000; fax 514-855-
7401; e-mail thd.crj@aero.bombardier.com; Internet http://
www.bombardier.com.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For 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.

               Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
       Service Bulletin         Revision level             Date
------------------------------------------------------------------------
Bombardier Alert Service       01..............  October 3, 2008.
 Bulletin A700-1A11-27-024.
Bombardier Alert Service       01..............  October 3, 2008.
 Bulletin A700-27-066.
Bombardier Service Bulletin    Original........  October 9, 2008.
 700-1A11-27-025.
Bombardier Service Bulletin    Original........  October 9, 2008.
 700-27-067.
------------------------------------------------------------------------



[[Page 72320]]

    Issued in Renton, Washington, on November 16, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-28103 Filed 11-26-08; 8:45 am]

BILLING CODE 4910-13-P
