[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Proposed Rules]
[Pages 32439-32441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13329]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0496; Directorate Identifier 2011-NM-263-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to certain Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes. The existing AD currently 
requires revising the airworthiness limitations section (AWL) of the 
instructions for continued airworthiness (ICA) of the Canadair Regional 
Jet Maintenance Requirements Manual by incorporating new procedures for 
repetitive detailed and special detailed inspections for cracking of 
the aft pressure bulkhead. Since we issued that AD, we have received 
multiple reports of cracks on the forward face of the rear pressure 
bulkhead (RPB) web. This proposed AD would require revising the 
maintenance program to incorporate a revised task specified in a 
certain temporary revision, which requires an improved non-destructive 
inspection procedure; and adds airplanes to the applicability. We are 
proposing this AD to detect and correct cracking in the RPB, which 
could result in reduced structural integrity and rapid decompression of 
the airplane.

DATES: We must receive comments on this proposed AD by July 16, 2012.

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 W12-140, 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; email 
[email protected]; Internet http://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 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 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: Jeffrey Zimmer, Aerospace Engineer, 
Airframe & Mechanical Systems Branch, ANE-171, New York Aircraft 
Certification Office (ACO), FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone (516) 228-7306; 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-2012-0496; 
Directorate Identifier 2011-NM-263-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 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 proposed AD.

Discussion

    On October 31, 2005, we issued AD 2005-23-01, Amendment 39-14359 
(70 FR 69073, November 14, 2005). That AD required actions intended to 
address an unsafe condition on the products listed above. Since we 
issued AD 2005-23-01, Transport Canada Civil Aviation (TCCA), which is 
the aviation authority for Canada, has issued Canadian Airworthiness 
Directive CF-2011-30, dated August 11, 2011 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Cracks on the forward face of the Rear Pressure Bulkhead (RPB) 
web have been discovered on three CL-600-2B19 aeroplanes in-service. 
This indicates that the existing inspection requirements of 
Airworthiness Limitation (AWL) task 53-61-153 mandated by [TCCA] AD 
CF-2005-13R1 are not adequate. Failure of the RPB could result in 
rapid decompression of the aeroplane.
    A Temporary Revision has been made to Part 2 of the Maintenance 
Requirements Manual (MRM) to revise the existing AWL task by 
introducing an improved Non-Destructive Inspection (NDI) procedure 
to ensure that fatigue cracking of the RPB is detected and 
corrected.
    This [TCCA] directive mandates the incorporation of a new NDI 
procedure for AWL task number 53-61-153.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier Inc. has issued Temporary Revision 2B-2187, dated

[[Page 32440]]

June 22, 2011, to Appendix B--Airworthiness Limitations, of Part 2 of 
the Bombardier CL-600-2B19 MRM. 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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 586 products of U.S. registry.
    The actions that are required by AD 2005-23-01, Amendment 39-14359 
(70 FR 69073, November 14, 2005), and retained in this proposed AD take 
about 2 work-hours per product, at an average labor rate of $85 per 
work hour. Based on these figures, the estimated cost of the currently 
required actions is $170 per product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $49,810, or $85 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.
    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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 removing airworthiness directive 
(AD) 2005-23-01, Amendment 39-14359 (70 FR 69073, November 14, 2005), 
and adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2012-0496; Directorate Identifier 
2011-NM-263-AD.

(a) Comments Due Date

    We must receive comments by July 16, 2012.

(b) Affected ADs

    This AD supersedes AD 2005-23-01, Amendment 39-14359 (70 FR 
69073, November 14, 2005).

(c) Applicability

    (1) This AD applies to Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category, serial numbers 7003 and subsequent.
    (2) This AD requires revisions to certain operator maintenance 
documents to include new inspections. Compliance with these 
inspections is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered, or repaired in the areas 
addressed by these inspections, the operator may not be able to 
accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (k)(1) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in FAA Advisory 
Circular (AC) 25.1529-1A, dated November 20, 2007 (http://
rgl.faa.gov/Regulatory--and--Guidance--Library/
rgAdvisoryCircular.nsf/list/AC%2025.1529-1A/$FILE/AC%2025.1529-
1A.pdf).

(d) Subject

    Air Transport Association (ATA) of America Code 53: Fuselage.

(e) Reason

    This AD was prompted by multiple reports of cracks on the 
forward face of the rear pressure bulkhead (RPB) web. We are issuing 
this AD to detect and correct cracking in RPB, which could result in 
reduced structural integrity and rapid decompression of the 
airplane.

(f) Compliance

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

(g) Retained Revision to the Airworthiness Limitations (AWL) Section

    This paragraph restates the requirements of paragraph (f) of AD 
2005-23-01, Amendment 39-14359 (70 FR 69073, November 14, 2005). For 
airplanes having serial numbers 7003 through 8025 inclusive, 8030, 
and 8034: Within 30 days after November 29, 2005 (the effective date 
of AD 2005-23-01), revise the Airworthiness Limitations section of 
the Instructions for Continued Airworthiness of the Canadair 
Regional Jet Maintenance Requirements Manual (MRM), Part 2, Appendix 
B, ``Airworthiness Limitations,'' by incorporating the information 
specified in AWL Number 53-61-153 of the Canadair Regional Jet 
Temporary Revision (TR) 2B-2109, dated October 13, 2005, into the 
AWL section. Perform the applicable detailed and special detailed 
inspections for cracking of the aft pressure bulkhead, as specified 
in the TR, at the applicable compliance time specified in table 1 of 
this AD. Repeat the detailed inspection thereafter at intervals not 
to exceed 1,085 flight cycles, and repeat the special detailed 
inspection thereafter at intervals not to exceed 4,360 flight 
cycles, in accordance with the procedures specified in

[[Page 32441]]

AWL Number 53-61-153, as introduced by Canadair Regional Jet TR 2B-
2109, dated October 13, 2005, to Appendix B, ``Airworthiness 
Limitations,'' of Part 2 of the Canadair Regional Jet MRM.

            Table 1--Compliance Times for Initial Inspections
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 As of November 29, 2005 (the
effective date of AD 2005-23-
01, Amendment 39-14359 (70 FR
 69073, November 14, 2005)):   Inspect before the airplane accumulates--
  If the total flight cycles
 accumulated on the airplane
            are--
 
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8,000 or fewer...............  12,000 total flight cycles.
More than 8,000 but fewer      15,000 total flight cycles or within
 than 12,000.                   4,000 flight cycles after November 29,
                                2005 (the effective date of AD 2005-23-
                                01, Amendment 39-14359 (70 FR 69073,
                                November 14, 2005)), whichever is first.
12,000 or more but fewer than  17,000 total flight cycles or within
 15,000.                        3,000 flight cycles after November 29,
                                2005 (the effective date of AD 2005-23-
                                01), whichever is first.
15,000 or more but fewer than  18,500 total flight cycles or within
 17,000.                        2,000 flight cycles after November 29,
                                2005 (the effective date of AD 2005-23-
                                01), whichever is first.
17,000 or more but fewer than  19,500 total flight cycles or within
 18,500.                        1,500 flight cycles after November 29,
                                2005 (the effective date of AD 2005-23-
                                01), whichever is first.
18,500 or more but fewer than  20,000 total flight cycles or within
 19,500.                        1,000 flight cycles after November 29,
                                2005 (the effective date of AD 2005-23-
                                01), whichever is first.
19,500 or more...............  500 flight cycles after November 29, 2005
                                (the effective date of AD 2005-23-01).
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(h) Retained General Revision of MRM

    This paragraph restates the requirements of paragraph (g) of AD 
2005-23-01, Amendment 39-14359 (70 FR 69073, November 14, 2005). For 
airplanes having serial numbers 7003 through 8025 inclusive, 8030, 
and 8034: When the information in AWL Number 53-61-153 of the 
Canadair Regional Jet TR 2B-2109, dated October 13, 2005, to 
Appendix B, ``Airworthiness Limitations,'' of Part 2 of the Canadair 
Regional Jet MRM, is included in the general revisions of the MRM, 
the general revisions may be inserted into the AWL section of the 
Instructions for Continued Airworthiness, and this information may 
be removed from the MRM.

(i) New Revision of the Maintenance Program

    Within 60 days after the effective date of this AD: Revise the 
maintenance program by incorporating the revised inspection 
requirements specified in AWL Number 53-61-153 of Bombardier TR 2B-
2187, dated June 22, 2011, to Appendix B -Airworthiness Limitations, 
of Part 2 of the Bombardier CL-600-2B19 MRM. The initial compliance 
times for the task start at the applicable time specified in 
paragraphs (i)(1) and (i)(2) of this AD. Doing an inspection 
required by paragraph (i) of this AD terminates the requirements of 
paragraph (g) of this AD.
    (1) For airplanes that have accumulated 10,500 total flight 
cycles or less as of the effective date of this AD: Before the 
accumulation of 12,000 total flight cycles.
    (2) For airplanes that have accumulated more than 10,500 total 
flight cycles as of the effective date of this AD: Within 1,500 
flight cycles after the effective date of this AD, or at the next 
scheduled inspection interval for AWL Number 53-61-153, whichever 
occurs first.

(j) No Alternative Actions or Intervals

    After accomplishing the revisions required by paragraph (i) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used other than those specified in Canadair Regional Jet TR 2B-
2109, dated October 13, 2005, to Appendix B, ``Structural 
Airworthiness Limitations, of Part 2 of the Canadair Regional Jet 
MRM; and Bombardier TR 2B-2187, dated June 22, 2011, to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier CL-600-2B19 
MRM; unless the actions and intervals are approved as an AMOC in 
accordance with the procedures specified in paragraph (k)(1) of this 
AD.

(k) Other FAA AD Provisions

    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. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the ACO, send it 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, 
notify your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding 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.

(l) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-30, dated 
August 11, 2011, and the following temporary revision; for related 
information.
    (1) Bombardier TR 2B-2187, dated June 22, 2011, to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier CL-600-2B19 
MRM.
    (2) Canadair Regional Jet TR 2B-2109, dated October 13, 2005, to 
Appendix B, ``Airworthiness Limitations,'' of Part 2 of the Canadair 
Regional Jet MRM.

    Issued in Renton, Washington, on May 18, 2012.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-13329 Filed 5-31-12; 8:45 am]
BILLING CODE 4910-13-P