[Federal Register Volume 75, Number 170 (Thursday, September 2, 2010)]
[Rules and Regulations]
[Pages 53849-53851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21563]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0851; Directorate Identifier 2010-NM-171-AD; 
Amendment 39-16424; AD 2010-18-11]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model CL-600-2C10 
(Regional Jet Series 700, 701, & 702); Model CL-600-2D15 (Regional Jet 
Series 705); and Model CL-600-2D24 (Regional Jet Series 900) 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 maintenance at the vendor's facility, some HSTAs 
[horizontal stabilizer trim actuators] were assembled with the 
incorrect load bearing balls. The material of these discrepant balls 
has lower wear characteristics and as such, has a shorter expected 
life. If not corrected, this condition can result in the HSTA jam 
leading to difficulties in controlling the aircraft.

* * * * *
The unsafe condition is possible loss of 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 September 17, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 17, 
2010.
    We must receive comments on this AD by October 18, 2010.

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.
     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: Christopher Alfano, Aerospace 
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New 
York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 
410, Westbury, New York 11590; telephone (516) 228-7340; fax (516) 794-
5531.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2010-20, dated July 19, 2010 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    During maintenance at the vendor's facility, some HSTAs were 
assembled with the incorrect load bearing balls. The material of 
these discrepant balls has lower wear characteristics and as such, 
has a shorter expected life. If not corrected, this condition can 
result in the HSTA jam leading to difficulties in controlling the 
aircraft.
    This directive mandates incorporation of the HSTA with the 
correct load bearing balls.

The unsafe condition is possible loss of controllability of the 
airplane. The corrective action requires inspecting to determine the 
serial number of the HSTAs. You may obtain further information by 
examining the MCAI in the AD docket.

[[Page 53850]]

Relevant Service Information

    Bombardier has issued Service Bulletin 670BA-27-057, dated June 14, 
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 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 some 
HSTAs were assembled with load bearing balls that have lower wear 
characteristics and a shorter life expectancy. If not corrected, this 
condition can result in the HSTA jam leading to difficulties in 
controlling the airplane. The unsafe condition is possible loss of 
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-2010-0851; Directorate 
Identifier 2010-NM-171-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:

2010-18-11 Bombardier, Inc.: Amendment 39-16424. Docket No. FAA-
2010-0851; Directorate Identifier 2010-NM-171-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 17, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2C10 
(Regional Jet Series 700, 701, & 702); Model CL-600-2D15 (Regional 
Jet Series 705); and Model CL-600-2D24 (Regional Jet Series 900) 
airplanes; certificated in any category; having horizontal 
stabilizer trim actuators (HSTAs) with part number (P/N) 8489-7 or 
8489-7R.

Subject

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

Reason

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

    During maintenance at the vendor's facility, some HSTAs were 
assembled with the incorrect load bearing balls. The material of 
these discrepant balls has lower wear characteristics and as such, 
has a shorter expected life. If not corrected, this condition can 
result in the HSTA jam leading to difficulties in controlling the 
aircraft.
* * * * *
The unsafe condition is possible loss of controllability of 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.

[[Page 53851]]

Actions

    (g) Within 500 flight cycles after the effective date of this 
AD: Inspect HSTAs having P/Ns 8489-7 and 8489-7R to determine if the 
serial numbers (S/Ns) identified in paragraph 1.A., ``Effectivity,'' 
of Bombardier Service Bulletin 670BA-27-057, dated June 14, 2010, 
are installed. A review of airplane maintenance records is 
acceptable in lieu of this inspection if the serial number of the 
HSTA can be conclusively determined from that review.
    (1) For any HSTA with a serial number that is not identified in 
paragraph 1.A., ``Effectivity,'' of Bombardier Service Bulletin 
670BA-27-057, dated June 14, 2010: No further action is required by 
paragraph (g) of this AD.
    (2) For any HSTA with a serial number that is identified in 
paragraph 1.A., ``Effectivity,'' of Bombardier Service Bulletin 
670BA-27-057, dated June 14, 2010: Replace the HSTA with a 
serviceable HSTA, in accordance with the Accomplishment Instructions 
of Bombardier Service Bulletin 670BA-27-057, dated June 14, 2010, at 
the applicable time specified by paragraph (g)(2)(i), (g)(2)(ii), 
(g)(2)(iii), or (g)(2)(iv) of this AD.

    Note 1:  Bombardier Service Bulletin 670BA-27-057, dated June 
14, 2010, references Sagem SA Service Bulletin 8489-27-006, dated 
December 8, 2009, as an additional source of guidance for modifying 
the HSTA. Sagem SA Service Bulletin 8489-27-006, dated December 8, 
2009, references Ratier-Figeac Service Bulletin RF-DSC-075-07, 
Version 03, dated November 10, 2009, as an additional source of 
guidance for modifying the HSTA. The suffix ``A'' after the serial 
number indicates serviceable HSTAs that have been modified.

    (i) For any HSTA that has accumulated less than or equal to 
8,000 flight cycles as of the effective date of this AD: Before the 
HSTA accumulates 10,000 flight cycles.
    (ii) For any HSTA that has accumulated more than 8,000 flight 
cycles but less than or equal to 10,000 flight cycles as of the 
effective date of this AD: Before the HSTA accumulates an additional 
2,000 flight cycles, but no later than 11,000 flight cycles on the 
HSTA.
    (iii) For any HSTA that has accumulated more than 10,000 flight 
cycles but less than or equal to 12,000 flight cycles as of the 
effective date of this AD: Before the HSTA accumulates an additional 
1,000 flight cycles, but no later than 12,500 flight cycles on the 
HSTA.
    (iv) For any HSTAs that has accumulated more than 12,000 flight 
cycles as of the effective date of this AD: Before the HSTA 
accumulates an additional 500 flight cycles.
    (h) As of the effective date of this AD, no person may install 
an HSTA, having P/N 8489-7 or 8489-7R, with a serial number 
identified in paragraph 1.A., ``Effectivity,'' of Bombardier Service 
Bulletin 670BA-27-057, dated June 14, 2010, on any airplane.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows: Canadian Airworthiness Directive CF-2010-20, 
dated July 19, 2010, refers to an incorrect date of April 28, 2010, 
for Bombardier Service Bulletin 670BA-27-057. The correct date for 
Bombardier Service Bulletin 670BA-27-057 is June 14, 2010.

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 ensure 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-2010-20, 
dated July 19, 2010; and Bombardier Service Bulletin 670BA-27-057, 
dated June 14, 2010; for related information.

Material Incorporated by Reference

    (k) You must use Bombardier Service Bulletin 670BA-27-057, dated 
June 14, 2010, 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 [email protected]; Internet http://www.bombardier.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html..

    Issued in Renton, Washington, on August 20, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-21563 Filed 9-1-10; 8:45 am]
BILLING CODE 4910-13-P