[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Proposed Rules]
[Pages 40826-40828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16960]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0679; Directorate Identifier 2012-NM-063-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 adopt a new airworthiness directive (AD) for 
certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 
701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) 
airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and 
Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This proposed 
AD was prompted by a report that certain wing-to-fuselage attachment 
nuts do not conform to the certification design requirements for dual 
locking features. This proposed AD would require repetitive inspections 
to determine that cotter pins are installed at affected wing-to-
fuselage attachment joints and replacement if necessary. We are 
proposing this AD to prevent loss of wing-to-fuselage attachment 
joints, which could result in the loss of the wing.

DATES: We must receive comments on this proposed AD by August 27, 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, WA. 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-2012-0679; 
Directorate Identifier 2012-NM-063-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-
2012-10, dated March 12, 2012 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    The manufacturer has determined that wing-to-fuselage attachment 
nuts, part number (P/N) SH670-35635-1, SH670-35440-951, SH670-35440-
3, SH670-35635-1 and 95136D-2412, installed at six attachment joint 
locations, do not conform to the certification design requirements 
for dual locking features. The nuts are not of the self-locking type 
as required and do not provide the frictional thread interference 
required to prevent the nut from backing off the bolt. As a result, 
only a single locking device, the cotter pin, is provided at these 
critical joints. In the case where a nut becomes loose, in 
combination with a missing or broken cotter pin, the attachment bolt 
at the wing-to-fuselage joint could migrate and fall out. Loss of 
two attachment joints could potentially result in the loss of the 
wing.
    This [TCCA] Airworthiness Directive (AD) mandates a [repetitive] 
detailed visual inspection (DVI) of each affected wing-to-fuselage 
attachment joint to ensure that a cotter pin is installed.

The required actions also include replacing any missing cotter pin. You

[[Page 40827]]

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

Relevant Service Information

    Bombardier, Inc. has issued Service Bulletin 670BA-53-042, Revision 
A, dated April 27, 2012. 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 366 products of U.S. registry. We also estimate that 
it would take about 5 work-hours per product to comply with the 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 $155,550, or $425 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD. 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-2012-0679; Directorate Identifier 
2012-NM-063-AD.

(a) Comments Due Date

    We must receive comments by August 27, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2C10 (Regional 
Jet Series 700, 701, & 702) airplanes, serial numbers 10002 through 
10999 inclusive; Model CL-600-2D15 (Regional Jet Series 705) and CL-
600-2D24 (Regional Jet Series 900) airplanes, serial numbers 15001 
through 15990 inclusive; and Model CL-600-2E25 (Regional Jet Series 
1000) airplanes, serial numbers 19001 through 19990 inclusive; 
certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that certain wing-to-fuselage 
attachment nuts do not conform to the certification design 
requirements for dual locking features. We are issuing this AD to 
prevent loss of wing-to-fuselage attachment joints, which could 
result in the loss of the wing.

(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) Repetitive Detailed Inspection

    Within 3,000 flight hours or 18 months after the effective date 
of this AD, whichever occurs first: Perform a detailed inspection of 
each affected wing-to-fuselage attachment joint, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 
670BA-53-042, Revision A, dated April 27, 2012. Repeat the 
inspection thereafter at intervals not to exceed 6,600 flight hours.

    Note 1 to paragraph (g) of this AD:  The compliance time in this 
AD differs from the recommended compliance time specified in 
Bombardier Service Bulletin 670BA-53-042, Revision A, dated April 
27, 2012.

(h) Corrective Action

    If any cotter pin is found missing during any inspection 
required by paragraph (g) of this AD: Before further flight, replace 
any missing cotter pin using a method approved by either the 
Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA; 
or Transport Canada Civil Aviation (or its delegated agent).

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Bombardier Service Bulletin 670BA-
53-042, dated December 21, 2011.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York 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

[[Page 40828]]

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.

(k) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2012-10, 
dated March 12, 2012; and Bombardier Service Bulletin 670BA-53-042, 
Revision A, dated April 27, 2012; for related information.
    (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, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on June 29, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-16960 Filed 7-10-12; 8:45 am]
BILLING CODE 4910-13-P