Airworthiness Directives; Bombardier, Inc. Model BD-700-1A10 and BD-700-1A11 Airplanes, 63420-63422 [2010-25921]
Download as PDF
63420
Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules
SBA is proposing to amend this
definition to permit SBA to issue a bond
guarantee for a contract that requires the
Principal to pay the Obligee for the
harvesting of timber. This action is
being taken in response to concerns
expressed by small businesses that have
experienced difficulty obtaining the
required bonds for public and private
timber sale contracts. Discussions with
representatives of the United States
Forest Service confirm the need for
increased bonding support for small
businesses in this area, and it is
estimated that approximately 150 small
businesses would be eligible for bond
guarantee assistance as a result of
implementing this Proposed Rule. This
change would apply to contracts
involving forests managed by the
Federal Government or other public or
private landowners. SBA invites
comments from public and private
entities and individuals on how this
proposed rule would affect them.
II. Section-by-Section Analysis
Section 115.10. SBA is proposing to
revise the definition of the term
‘‘Contract’’ to allow SBA to issue a
performance bond guarantee for a
contract that requires the Principal to
pay the Obligee for the harvesting of
timber on the land of the Obligee. The
current definition excludes any contract
that requires payment by the Obligee to
the Principal. Because this kind of
payment is inherent in timber sale
contracts, the proposed change makes it
clear that timber sale contracts are
eligible for performance bond
guarantees.
Compliance With Executive Orders
12866, 12988, and 13132, the
Paperwork Reduction Act (44 U.S.C. Ch.
35), and the Regulatory Flexibility Act (5
U.S.C. 601–612)
mstockstill on DSKH9S0YB1PROD with PROPOSALS
Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this rule
does not constitute a significant
regulatory action under Executive Order
12866. This rule is also not a major rule
under the Congressional Review Act.
Executive Order 12988
This action meets applicable
standards set forth in Sections 3(a) and
3(b)(2) of Executive Order 12988, Civil
Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden. The action does not have
retroactive or preemptive effect.
Executive Order 13132
For purposes of Executive Order
13132, SBA has determined that the rule
will not have substantial, direct effects
VerDate Mar<15>2010
16:00 Oct 14, 2010
Jkt 223001
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. Therefore,
for the purpose of Executive Order
13132, Federalism, SBA has determined
that this Proposed Rule has no
federalism implications warranting
preparation of a federalism assessment;
however, SBA invites comments from
the public on this issue.
Paperwork Reduction Act, 44 U.S.C.,
Ch. 35
SBA has determined that this
Proposed Rule does not impose
additional reporting or recordkeeping
requirements under the Paperwork
Reduction Act, 44 U.S.C., Chapter 35.
Regulatory Flexibility Act, 5 U.S.C. 601–
612
2. Amend § 115.10 by revising the
third sentence of the definition
‘‘Contract’’ to read as follows:
§ 115.10
Definitions.
*
*
*
*
*
Contract * * * A Contract does not
include a permit, subdivision contract,
lease, land contract, evidence of debt,
financial guarantee (e.g., a contract
requiring any payment by the Principal
to the Obligee, except for contracts for
the sale of timber that require the
Principal to pay the Obligee), warranty
of performance or efficiency, warranty
of fidelity, or release of lien (other than
for claims under a guaranteed bond).
* * *
*
*
*
*
*
Dated: October 8, 2010.
Karen G. Mills,
Administrator.
[FR Doc. 2010–25999 Filed 10–14–10; 8:45 am]
The Regulatory Flexibility Act (RFA),
5 U.S.C. 601, requires administrative
agencies to consider the effect of their
actions on small entities, small nonprofit enterprises, and small local
governments. Pursuant to RFA, when an
agency issues a rulemaking, the agency
must prepare a regulatory flexibility
analysis which describes the impact of
this rule on small entities. However,
section 605 of the RFA allows an agency
to certify a rule, in lieu of preparing an
analysis, if the rulemaking is not
expected to have a significant economic
impact on a substantial number of small
entities. Within the meaning of RFA,
SBA certifies that this rule will not have
a significant economic impact on a
substantial number of small entities. It
is estimated that approximately 150
small businesses would now be eligible
for bond guarantee assistance from SBA
as a result of implementing this
Proposed Rule. Additionally, there are
17 Sureties that participate in the SBG
Program, and no part of this Proposed
Rule would impose any significant
additional cost or burden on them.
List of Subjects in 13 CFR Part 115
Claims, Small businesses, Surety
bonds.
For the reasons stated in the
preamble, SBA proposes to amend 13
CFR part 115 as follows:
PART 115—SURETY BOND
GUARANTEE
1. The authority citation for part 115
continues to read as follows:
Authority: 5 U.S.C. app. 3, 15 U.S.C. 687b,
687c, 694b, 694b note, Pub. L. 106–554; and
Pub. L. 108–447, Div. K, Sec. 203.
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BILLING CODE 8025–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0959; Directorate
Identifier 2010–NM–119–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Model BD–700–1A10 and BD–700–
1A11 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
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:
SUMMARY:
There have been two in-service reports of
main landing gear (MLG) tire failure on
landing, during which a flailing tire tread
caused damage to No. 2 and No. 3 hydraulic
system lines in the wing auxiliary spar area
on the left side of the aircraft. This damage
resulted in the loss of supply pressure to the
inboard and outboard brakes, as the only
remaining braking source available was the
No. 3 hydraulic system accumulator. The
degradation of the brake system performance
could adversely affect the aircraft during
landing.
*
E:\FR\FM\15OCP1.SGM
*
*
15OCP1
*
*
Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules
The unsafe condition is loss of braking
capability, which could reduce the
ability of the flightcrew to safely land
the airplane. The proposed AD would
require actions that are intended to
address the unsafe condition described
in the MCAI.
DATES: We must receive comments on
this proposed AD by November 29,
2010.
You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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.
• 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.
For service information identified in
this proposed AD, contact Bombardier,
ˆ
Inc., 400 Cote-Vertu Road West, Dorval,
´
Quebec H4S 1Y9, Canada; telephone
514–855–5000; fax 514–855–7401; email thd.crj@aero.bombardier.com;
Internet https://www.bombardier.com.
You may review copies of the
referenced 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.
ADDRESSES:
mstockstill on DSKH9S0YB1PROD with PROPOSALS
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 proposed 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:
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 (516) 228–
7340; fax (516) 794–5531.
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
16:00 Oct 14, 2010
Jkt 223001
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2010–0959; Directorate Identifier
2010–NM–119–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian
Airworthiness Directive CF–2010–10,
dated March 26, 2010 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
There have been two in-service reports of
main landing gear (MLG) tire failure on
landing, during which a flailing tire tread
caused damage to No. 2 and No. 3 hydraulic
system lines in the wing auxiliary spar area
on the left side of the aircraft. This damage
resulted in the loss of supply pressure to the
inboard and outboard brakes, as the only
remaining braking source available was the
No. 3 hydraulic system accumulator. The
degradation of the brake system performance
could adversely affect the aircraft during
landing.
This directive mandates the relocation of
the No. 2 and No. 3 hydraulic system lines
in the wing auxiliary spar area on the left
side of the aircraft, together with a
modification to the left wing rib and debris
shield, in order to prevent damage to the
hydraulic lines in the event of a MLG tire
failure. The debris shield on the right side is
also modified for part commonality.
The unsafe condition is loss of braking
capability, which could reduce the
ability of the flightcrew to safely land
the airplane. You may obtain further
information by examining the MCAI in
the AD docket.
Relevant Service Information
Bombardier, Inc. has issued Service
Bulletins 700–29–021 and 700–1A11–
29–004, both Revision 01, both dated
January 25, 2010. The actions described
in this service information are intended
to correct the unsafe condition
identified in the MCAI.
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63421
FAA’s Determination and Requirements
of This Proposed 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 proposing 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.
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 proposed
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
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 115 products of U.S.
registry. We also estimate that it would
take about 40 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Required
parts would cost about $4,855 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 costs. 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 the
proposed AD on U.S. operators to be
$949,325, or $8,255 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.
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63422
Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules
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 proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would 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 proposed 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 proposed 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.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
mstockstill on DSKH9S0YB1PROD with PROPOSALS
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Bombardier, Inc.: Docket No. FAA–2010–
0959; Directorate Identifier 2010–NM–
119–AD.
VerDate Mar<15>2010
16:00 Oct 14, 2010
Jkt 223001
Comments Due Date
(a) We must receive comments by
November 29, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc.
Model BD–700–1A10 and BD–700–1A11
airplanes, serial numbers 9002 through 9401
inclusive, certificated in any category.
Subject
(d) Air Transport Association (ATA) of
America Code 29: Hydraulic power.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
There have been two in-service reports of
main landing gear (MLG) tire failure on
landing, during which a flailing tire tread
caused damage to No. 2 and No. 3 hydraulic
system lines in the wing auxiliary spar area
on the left side of the aircraft. This damage
resulted in the loss of supply pressure to the
inboard and outboard brakes, as the only
remaining braking source available was the
No. 3 hydraulic system accumulator. The
degradation of the brake system performance
could adversely affect the aircraft during
landing.
*
*
*
*
*
The unsafe condition is loss of braking
capability, which could reduce the ability of
the flightcrew to safely land the airplane.
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Actions
(g) Within 30 months after the effective
date of this AD, relocate the No. 2 and No.
3 hydraulic system lines in the wing
auxiliary spar area on the left side of the
aircraft, and modify the left wing rib and left
and right debris shields, in accordance with
the Accomplishment Instructions of
Bombardier Service Bulletin 700–29–021 (for
Model BD–700–1A10 airplanes) or 700–
1A11–29–004 (for Model BD–700–1A11
airplanes), both Revision 01, both dated
January 25, 2010, as applicable.
Credit for Actions Accomplished in
Accordance With Previous Service
Information
(h) Actions accomplished before the
effective date of this AD in accordance with
Bombardier Service Bulletin 700–29–021 or
700–1A11–29–004, both dated April 3, 2009,
as applicable, are considered acceptable for
compliance with the corresponding actions
specified in this AD.
(1) Alternative Methods of Compliance
(AMOCs): 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:
Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, New York,
11590; telephone 516–228–7300; 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
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(j) Refer to MCAI Canadian Airworthiness
Directive CF–2010–10, dated March 26, 2010;
and Bombardier Service Bulletins 700–29–
021 and 700–1A11–29–004, both Revision
01, both dated January 25, 2010; for related
information.
Issued in Renton, Washington, on October
6, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–25921 Filed 10–14–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–1023; Directorate
Identifier 2010–CE–055–AD]
RIN 2120–AA64
Airworthiness Directives; Embraer—
Empresa Brasileira de Aeronautica
S.A. Model EMB–500 Airplanes
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(i) The following provisions also apply to
this AD:
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY:
FAA AD Differences
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AGENCY:
Sfmt 4702
We propose to adopt a new
airworthiness directive (AD) for the
E:\FR\FM\15OCP1.SGM
15OCP1
Agencies
[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Proposed Rules]
[Pages 63420-63422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25921]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0959; Directorate Identifier 2010-NM-119-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Model BD-700-1A10 and
BD-700-1A11 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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:
There have been two in-service reports of main landing gear
(MLG) tire failure on landing, during which a flailing tire tread
caused damage to No. 2 and No. 3 hydraulic system lines in the wing
auxiliary spar area on the left side of the aircraft. This damage
resulted in the loss of supply pressure to the inboard and outboard
brakes, as the only remaining braking source available was the No. 3
hydraulic system accumulator. The degradation of the brake system
performance could adversely affect the aircraft during landing.
* * * * *
[[Page 63421]]
The unsafe condition is loss of braking capability, which could reduce
the ability of the flightcrew to safely land the airplane. The proposed
AD would require actions that are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on this proposed AD by November 29,
2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://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.
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.
For service information identified in this proposed 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 https://www.bombardier.com. You
may review copies of the referenced 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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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 proposed 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: 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 (516) 228-7340; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0959;
Directorate Identifier 2010-NM-119-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2010-10, dated March 26, 2010 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:
There have been two in-service reports of main landing gear
(MLG) tire failure on landing, during which a flailing tire tread
caused damage to No. 2 and No. 3 hydraulic system lines in the wing
auxiliary spar area on the left side of the aircraft. This damage
resulted in the loss of supply pressure to the inboard and outboard
brakes, as the only remaining braking source available was the No. 3
hydraulic system accumulator. The degradation of the brake system
performance could adversely affect the aircraft during landing.
This directive mandates the relocation of the No. 2 and No. 3
hydraulic system lines in the wing auxiliary spar area on the left
side of the aircraft, together with a modification to the left wing
rib and debris shield, in order to prevent damage to the hydraulic
lines in the event of a MLG tire failure. The debris shield on the
right side is also modified for part commonality.
The unsafe condition is loss of braking capability, which could reduce
the ability of the flightcrew to safely land the airplane. You may
obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
Bombardier, Inc. has issued Service Bulletins 700-29-021 and 700-
1A11-29-004, both Revision 01, both dated January 25, 2010. 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 Proposed 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 proposing 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.
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 proposed 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 proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 115 products of U.S. registry. We also estimate that
it would take about 40 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $4,855 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
costs. 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 the proposed AD on U.S. operators to
be $949,325, or $8,255 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.
[[Page 63422]]
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
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 proposed 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Bombardier, Inc.: Docket No. FAA-2010-0959; Directorate Identifier
2010-NM-119-AD.
Comments Due Date
(a) We must receive comments by November 29, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc. Model BD-700-1A10 and
BD-700-1A11 airplanes, serial numbers 9002 through 9401 inclusive,
certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 29:
Hydraulic power.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
There have been two in-service reports of main landing gear
(MLG) tire failure on landing, during which a flailing tire tread
caused damage to No. 2 and No. 3 hydraulic system lines in the wing
auxiliary spar area on the left side of the aircraft. This damage
resulted in the loss of supply pressure to the inboard and outboard
brakes, as the only remaining braking source available was the No. 3
hydraulic system accumulator. The degradation of the brake system
performance could adversely affect the aircraft during landing.
* * * * *
The unsafe condition is loss of braking capability, which could
reduce the ability of the flightcrew to safely land the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Actions
(g) Within 30 months after the effective date of this AD,
relocate the No. 2 and No. 3 hydraulic system lines in the wing
auxiliary spar area on the left side of the aircraft, and modify the
left wing rib and left and right debris shields, in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin 700-
29-021 (for Model BD-700-1A10 airplanes) or 700-1A11-29-004 (for
Model BD-700-1A11 airplanes), both Revision 01, both dated January
25, 2010, as applicable.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(h) Actions accomplished before the effective date of this AD in
accordance with Bombardier Service Bulletin 700-29-021 or 700-1A11-
29-004, both dated April 3, 2009, as applicable, are considered
acceptable for compliance with the corresponding actions specified
in this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(i) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): 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: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York, 11590; telephone 516-
228-7300; 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 (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(j) Refer to MCAI Canadian Airworthiness Directive CF-2010-10,
dated March 26, 2010; and Bombardier Service Bulletins 700-29-021
and 700-1A11-29-004, both Revision 01, both dated January 25, 2010;
for related information.
Issued in Renton, Washington, on October 6, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-25921 Filed 10-14-10; 8:45 am]
BILLING CODE 4910-13-P