
[Federal Register: February 27, 2009 (Volume 74, Number 38)]
[Rules and Regulations]               
[Page 8860-8863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe09-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0159; Directorate Identifier 2008-NM-175-AD; 
Amendment 39-15828; AD 2009-05-04]
RIN 2120-AA64

 
Airworthiness Directives; Bombardier Model CL-215-6B11 (CL-215T 
Variant) and CL-215-6B11 (CL-415 Variant) Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier Model CL-215-6B11 (CL-215T variant) and CL-215-6B11 
(CL-415 variant) airplanes. This AD requires repetitive inspections for 
contamination of grease, bearing wear checks, grease applications of 
the rudder lower torque tube upper bearing, and a rudder upper hinge 
gap check; and related investigative and corrective actions if 
necessary. This AD results from a report of corrosion on the rudder 
lower torque tube upper bearing. We are issuing this AD to detect and 
correct corroded bearings which could lead to hinge deformation, and 
could result in a rudder jam and consequent reduced controllability of 
the airplane.

DATES: This AD becomes effective March 16, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 16, 
2009.
    We must receive comments on this AD by March 30, 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: 202-493-2251.

[[Page 8861]]

     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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility 
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 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: Fabio Buttitta, 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) 228-7303; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified us that an unsafe condition may exist on 
Bombardier Model CL-215-6B11 (CL-215T variant) and CL-215-6B11 (CL-415 
variant) airplanes. TCCA advises that during a routine inspection, an 
operator reported corrosion on the rudder lower torque tube upper 
bearing, part number DAT48-64A, on two airplanes. These bearings had 
been installed in accordance with Bombardier Service Bulletin 215-4328, 
Revision 3, dated May 20, 2008, as part of the torque tube replacement. 
Corroded lower torque tube upper bearings can lead to hinge 
deformation, which could result in a rudder jam and consequent reduced 
controllability of the airplane.

Relevant Service Information

    Bombardier has issued Bombardier Service Bulletin 215-3151, dated 
May 5, 2008 (for 215T variant airplanes); and Bombardier Service 
Bulletin 215-4394, dated May 5, 2008 (for 415 variant airplanes). These 
service bulletins describe procedures for repetitive detailed 
inspections for signs of contamination, including corrosion/rust 
particles in the flange and housing of the rudder lower torque tube 
upper bearing. These service bulletins also describe procedures for 
bearing wear checks, and grease applications of the rudder lower torque 
tube upper bearing, and a rudder upper hinge gap check; and related 
investigative and corrective actions if necessary. Related 
investigative actions include inspecting old grease for signs of 
contamination, measuring the distance from the top of the bearing 
housing to the top of the lower bearing flange shoulder at multiple 
locations around the bearing, and doing a visual inspection to 
determine the cause of the excessive wear. Corrective actions include 
replacing the bearing(s) and adjusting the hinge gap. TCCA mandated the 
service information and issued Canadian airworthiness directive CF-
2008-29, dated August 20, 2008 (referred to after this as ``the 
MCAI''), to ensure the continued airworthiness of these airplanes in 
Canada.

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 an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    Therefore, we are issuing this AD to detect and correct corroded 
bearings which can lead to hinge deformation, and result in a rudder 
jam and consequent reduced controllability of the airplane. This AD 
requires accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Between 
This AD and the Canadian Airworthiness Directive.''

Differences Between This AD and the Canadian Airworthiness Directive

    Bombardier Service Bulletin 215-3151, dated May 5, 2008 (for 215T 
variant airplanes); and Bombardier Service Bulletin 215-4394, dated May 
5, 2008 (for 415 variant airplanes) recommend accomplishing the 
required actions ``before and after every fire season,'' but we find 
this interval to be imprecise and vague. In developing appropriate 
compliance times for this AD, we considered not only the manufacturer's 
recommendation, but the degree of urgency associated with addressing 
the subject unsafe condition, the average utilization of the affected 
fleet, and the time necessary to perform the required actions. In light 
of all of these factors, we find that a 6-month repetitive interval for 
the required actions is an appropriate interval of time for affected 
airplanes to continue to operate without compromising safety. This 
difference has been coordinated with TCCA.

Interim Action

    We consider this proposed AD interim action. If final action is 
later identified, we might consider further rulemaking then.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    The following table provides the estimated costs to comply with 
this AD for any affected airplane that might be imported and placed on 
the U.S. Register in the future.

                                                 Estimated Costs
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                                                 Average
            Action               Work hours    labor rate      Parts cost              Cost per airplane
                                                per hour
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Inspection....................            4           $80   None............  $320 per inspection cycle.
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[[Page 8862]]

FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-0159; Directorate Identifier 2008-NM-175-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 have 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 that the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act. We prepared a regulatory evaluation 
of the estimated costs to comply with this AD and placed it in the AD 
docket. See the ADDRESSES section for a location to examine the 
regulatory evaluation.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2009-05-04 Bombardier Inc. (Formerly Canadair): Amendment 39-15828. 
Docket No. FAA-2009-0159; Directorate Identifier 2008-NM-175-AD.

Effective Date

    (a) This AD becomes effective March 16, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplanes, certificated in 
any category:
    (1) Bombardier Model CL-215-6B11 (CL-215T variant) airplanes, 
serial numbers 1056 through 1125 inclusive, and
    (2) Bombardier Model CL-215-6B11 (CL-415 variant) airplanes, 
serial numbers 2001 through 2990 inclusive.

Unsafe Condition

    (d) This AD results from a report of corrosion on the rudder 
lower torque tube upper bearing. We are issuing this AD to detect 
and correct corroded bearings which could lead to hinge deformation, 
and could result in a rudder jam and consequent reduced 
controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspections

    (f) Within 6 months after the effective date of this AD, do a 
detailed inspection for contamination of grease, a bearing wear 
check, and grease application of the rudder lower torque tube upper 
bearing, and do a rudder upper hinge gap check, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 215-
3151, dated May 5, 2008 (for 215T variant airplanes); or Bombardier 
Service Bulletin 215-4394, dated May 5, 2008 (for 415 variant 
airplanes); as applicable. Do all related investigative and 
corrective actions before further flight in accordance with the 
service bulletin, as applicable. Repeat the detailed inspection 
thereafter at intervals not to exceed 6 months.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Exception to Service Bulletin Specifications

    (g) Although Bombardier Service Bulletin 215-3151, dated May 5, 
2008; and Bombardier Service Bulletin 215-4394, dated May 5, 2008; 
specify to submit certain information to the manufacturer, this AD 
does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, New York Aircraft Certification Office (ACO), 
ANE-170, FAA, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Fabio Buttitta, 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) 228-7303; 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.

Related Information

    (i) Canadian airworthiness directive CF-2008-29, dated August 
20, 2008, also addresses the subject of this AD.

[[Page 8863]]

Material Incorporated by Reference

    (j) You must use Bombardier Service Bulletin 215-3151, dated May 
5, 2008; or Bombardier Service Bulletin 215-4394, dated May 5, 2008; 
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 514-855-5000; fax 514-855-
7401; e-mail thd.crj@aero.bombardier.com; Internet http://
www.bombardier.com.
    (3) You may review copies of the service information that is 
incorporated by reference 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 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.

    Issued in Renton, Washington, on February 17, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-3864 Filed 2-26-09; 8:45 am]

BILLING CODE 4910-13-P
