[Federal Register Volume 77, Number 119 (Wednesday, June 20, 2012)]
[Proposed Rules]
[Pages 36948-36950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15063]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / 
Proposed Rules  

[[Page 36948]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0639; Directorate Identifier 2012-NM-005-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This proposed AD was prompted by a report that the safe life 
limit and inspection requirements for the horizontal stabilizer trim 
actuator (HSTA) attachment pins and trunnions were not listed in the 
Airworthiness Limitations Section of the maintenance program. This 
proposed AD would require inspecting the trunnions and upper and lower 
pins for gouges, scratches, and corrosion, and replacing if necessary; 
and adding serial numbers and new part numbers to certain trunnions, 
and upper and lower pins. This proposed AD would also require revising 
the maintenance program to incorporate the information specified in 
certain temporary revisions of the limitations section. We are 
proposing this AD to detect and correct cracking, gouges, scratches, 
and corrosion of the HSTA attachment pins and trunnions, which could 
result in failure of these pins and trunnions and consequent 
disconnection of the horizontal stabilizer and subsequent loss of 
controllability of the airplane.

DATES: We must receive comments on this proposed AD by August 6, 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: Cesar Gomez, 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) 228-7318; 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-2012-0639; 
Directorate Identifier 2012-NM-005-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

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-45, dated December 19, 2011 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    During a review of the Horizontal Stabilizer Trim Actuator 
(HSTA) system, it was discovered that the safe life limits and the 
inspection requirements for the HSTA attachment pins and trunnions 
were not listed in the Airworthiness Limitations Section of the 
Instructions for Continued Airworthiness. Also, the HSTA attachment 
pins and trunnions were not serialized making it impossible to keep 
accurate records of the life of these parts. Failure of these pins 
and trunnions will lead to a disconnect of the horizontal stabilizer 
and subsequent loss of the aeroplane.
    This [TCCA] Airworthiness Directive (AD) mandates the 
serialization of the HSTA attachment pins and trunnions.

    The required actions include a detailed inspection of the trunnions 
and upper and lower pins for gouges, scratches, and corrosion, and 
replacing if necessary; and adding serial numbers and new part numbers 
to certain trunnions, and upper and lower pins. This proposed AD would 
also require revising the maintenance program to incorporate the 
information specified in certain temporary revisions of the limitations 
section. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

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

[[Page 36949]]

     Bombardier Service Bulletin 601R-27-160, dated September 
29, 2011.
     Bombardier Temporary Revision 2B-2180, dated August 8, 
2011, to Appendix B--Airworthiness Limitations, of Part 2, 
Airworthiness Requirements, of the Bombardier CL-600-2B19 Maintenance 
Requirements Manual.
     Bombardier Temporary Revision 2B-2186, dated August 8, 
2011, to Appendix B--Airworthiness Limitations, of Part 2, 
Airworthiness Requirements, of the Bombardier CL-600-2B19 Maintenance 
Requirements Manual.

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. We also estimate that 
it would take about 20 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 $162 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 parts. 
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 $1,091,132, or $1,862 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 20 work-hours and require parts costing $4,391, for a cost 
of $6,091 per product. We have no way of determining the number of 
products that may need these actions.

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 adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2012-0639; Directorate Identifier 
2012-NM-005-AD.

(a) Comments Due Date

    We must receive comments by August 6, 2012.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category, all serial numbers.
    (2) This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections) and/or Critical 
Design Configuration Control Limitations (CDCCLs). Compliance with 
these actions and/or CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired 
in the areas addressed by this AD, the operator may not be able to 
accomplish the actions 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 (l)(1) of this AD. The request should include a 
description of changes to the required actions that will ensure the 
continued operational safety of the airplane.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that the safe life limit and 
inspection requirements for the horizontal stabilizer trim actuator 
(HSTA) attachment pins and trunnions were not listed in the 
Airworthiness Limitations Section of the maintenance program. We are 
issuing this AD to detect and correct cracking, gouges, scratches, 
and corrosion of the HSTA attachment pins and trunnions, which could 
result in failure of these pins and trunnions and consequent 
disconnection of the horizontal stabilizer and subsequent loss of 
controllability 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) Inspection

    At the earliest of the times specified in paragraphs (g)(1), 
(g)(2), and (g)(3) of this AD: Do a detailed inspection of the 
trunnions, upper pins, and lower pins identified in table 1 of this 
AD, for gouges, scratches, and corrosion, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
160, dated September 29, 2011.
    (1) Within 5,000 flight hours after the effective date of this 
AD.
    (2) Within 60 months after the effective date of this AD.
    (3) Before the accumulation of 40,000 total flight cycles, or 
within 60 days after the effective date of this AD, whichever occurs 
later.

[[Page 36950]]



                         Table 1--Affected Parts
------------------------------------------------------------------------
                      Part name                             Part No.
------------------------------------------------------------------------
Upper Pin............................................        600-92384-5
Upper Pin............................................        600-92384-7
Upper Pin............................................        601R92310-1
Lower Pin............................................        600-92383-5
Lower Pin............................................        600-92383-7
Lower Pin............................................        601R92309-1
Trunnion.............................................        601R92386-1
------------------------------------------------------------------------

(h) Replacement

    If, during any inspection required by paragraph (g) of this AD, 
any gouges, scratches, or corrosion are found: Before further 
flight, replace the affected part with a part other than one 
identified in table 1 of this AD, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
160, dated September 29, 2011.

(i) Re-Identification

    If, during any inspection required by paragraph (g) of this AD, 
no gouges, scratches or corrosion are found: Before further flight, 
add serial numbers and new part numbers to the trunnions, upper 
pins, and lower pins, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-27-160, dated 
September 29, 2011.

(j) Revise Maintenance Program

    Within 30 days after the effective date of this AD, revise the 
maintenance program to incorporate the information specified in 
Bombardier Temporary Revisions 2B-2180, dated August 8, 2011; and 
2B-2186, dated August 8, 2011; to Appendix B--Airworthiness 
Limitations, of Part 2, Airworthiness Requirements, of the 
Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM). The 
compliance time for doing the initial replacement for the HSTA 
trunnion support and attaching hardware is before the accumulation 
of 80,000 landings or within 60 days after the effective date of 
this AD, whichever occurs later. The compliance time for doing the 
initial inspection of the upper and lower installation pins of the 
horizontal stabilizer pitch trim actuator is before the accumulation 
of 40,000 landings or within 60 days after the effective date of 
this AD, whichever occurs later.

(k) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (j) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (l)(1) of this AD.

(l) 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, 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 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.

(m) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2011-45, 
dated December 19, 2011, and the service information specified in 
paragraphs (m)(1)(i), (m)(1)(ii), and (m)(1)(iii) of this AD, for 
related information.
    (i) Bombardier Service Bulletin 601R-27-160, dated September 29, 
2011.
    (ii) Bombardier Temporary Revision 2B-2180, dated August 8, 
2011, to Appendix B--Airworthiness Limitations, of Part 2, 
Airworthiness Requirements, of the Bombardier CL-600-2B19 
Maintenance Requirements Manual.
    (iii) Bombardier Temporary Revision 2B-2186, dated August 8, 
2011, to Appendix B--Airworthiness Limitations, of Part 2, 
Airworthiness Requirements, of the Bombardier CL-600-2B19 
Maintenance Requirements Manual.
    (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; 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.

    Issued in Renton, Washington, on June 11, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-15063 Filed 6-19-12; 8:45 am]
BILLING CODE 4910-13-P