[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Proposed Rules]
[Pages 63282-63285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25430]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1075; Directorate Identifier 2012-NM-111-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-600-2B19 (Regional Jet Series 100 & 
440) airplanes. This proposed AD was prompted by a revision to the 
airplane airworthiness limitations to introduce more stringent 
inspection requirements on certain affected components. This proposed 
AD would require revising the maintenance program to incorporate 
revised tasks specified in certain temporary revisions. We are 
proposing this AD to detect and correct fatigue cracking in the 
affected components and consequent loss of structural integrity.

DATES: We must receive comments on this proposed AD by November 30, 
2012.

ADDRESSES: You may send comments by any of the following methods:

[[Page 63283]]

     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 and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 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-2012-1075; 
Directorate Identifier 2012-NM-111-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-
2012-13, dated April 10, 2012 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    A revision has been made to Part 2 of the Canadair Regional Jet 
Maintenance Requirements Manual (MRM), Airworthiness Limitations 
(AWL), to introduce more stringent inspection requirements for 
continued airworthiness based on re-analysis, in-service data and/or 
fatigue testing. Failure to comply with these revised AWL items 
could lead to an unsafe condition.
    This [TCCA] AD is issued to ensure that fatigue cracking of 
these affected components [and consequent loss of airplane 
structural integrity] is detected and corrected.

Required actions include revising the maintenance program by 
incorporating the revised inspection requirements specified in certain 
temporary revisions to Appendix B--Airworthiness Limitations, of Part 2 
of the Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM). 
You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier Inc. has issued the following temporary revisions to 
Appendix B--Airworthiness Limitations, of Part 2 of the Bombardier CL-
600-2B19 MRM.
     Canadair Regional Jet Temporary Revision 2B-2098, dated 
November 24, 2005.
     Canadair Regional Jet Temporary Revision 2B-2110, dated 
November 24, 2005.
     Canadair Regional Jet Temporary Revision 2B-2119, dated 
February 14, 2006.
     Canadair Regional Jet Temporary Revision 2B-2123, dated 
August 28, 2006.
     Canadair Regional Jet Temporary Revision 2B-2127, dated 
October 9, 2007.
     Canadair Regional Jet Temporary Revision 2B-2128, dated 
October 9, 2007.
     Canadair Regional Jet Temporary Revision 2B-2129, dated 
February 14, 2008.
     Canadair Regional Jet Temporary Revision 2B-2133, dated 
February 14, 2008.
     Canadair Regional Jet Temporary Revision 2B-2148, dated 
January 12, 2009.
     Canadair Regional Jet Temporary Revision 2B-2160, dated 
January 14, 2011.
     Canadair Regional Jet Temporary Revision 2B-2161, dated 
January 14, 2011.
     Canadair Regional Jet Temporary Revision 2B-2168, dated 
January 14, 2011.
     Canadair Regional Jet Temporary Revision 2B-2174, dated 
January 14, 2011.
     Canadair Regional Jet Temporary Revision 2B-2198, dated 
December 8, 2011.

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 575 products of U.S. registry. We also estimate that 
it would take about 1 work-hour 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 $48,875, 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.

[[Page 63284]]

    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-2012-1075; Directorate Identifier 
2012-NM-111-AD.

(a) Comments Due Date

    We must receive comments by November 30, 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, 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 section 91.403(c) of the Federal Aviation 
Regulations (14 CFR 91.403(c)). For airplanes that have been 
previously modified, altered, or repaired in the areas addressed by 
these inspections, an operator might 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 of an 
alternative method of compliance (AMOC) in accordance with the 
provisions of paragraph (j) 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.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic 
inspections.

(e) Reason

    This AD was prompted by a revision to the airplane airworthiness 
limitations to introduce more stringent inspection requirements on 
certain affected components. We are issuing this AD to detect and 
correct fatigue cracking in the affected components and consequent 
loss of structural integrity.

 (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) Maintenance Program Revision

    Within 60 days after the effective date of this AD: Revise the 
maintenance program by incorporating the revised inspection 
requirements specified in the temporary revisions to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier CL-600-2B19 
Maintenance Requirements Manual (MRM) specified in paragraphs (g)(1) 
through (g)(14) of this AD.
    (1) Canadair Regional Jet Temporary Revision 2B-2098, dated 
November 24, 2005.
    (2) Canadair Regional Jet Temporary Revision 2B-2110, dated 
November 24, 2005.
    (3) Canadair Regional Jet Temporary Revision 2B-2119, dated 
February 14, 2006.
    (4) Canadair Regional Jet Temporary Revision 2B-2123, dated 
August 28, 2006.
    (5) Canadair Regional Jet Temporary Revision 2B-2127, dated 
October 9, 2007.
    (6) Canadair Regional Jet Temporary Revision 2B-2128, dated 
October 9, 2007.
    (7) Canadair Regional Jet Temporary Revision 2B-2129, dated 
February 14, 2008.
    (8) Canadair Regional Jet Temporary Revision 2B-2133, dated 
February 14, 2008.
    (9) Canadair Regional Jet Temporary Revision 2B-2148, dated 
January 12, 2009.
    (10) Canadair Regional Jet Temporary Revision 2B-2160, dated 
January 14, 2011.
    (11) Canadair Regional Jet Temporary Revision 2B-2161, dated 
January 14, 2011.
    (12) Canadair Regional Jet Temporary Revision 2B-2168, dated 
January 14, 2011.
    (13) Canadair Regional Jet Temporary Revision 2B-2174, dated 
January 14, 2011.
    (14) Canadair Regional Jet Temporary Revision 2B-2198, dated 
December 8, 2011.

(h) Initial Task Compliance Time

    The initial compliance times for the tasks specified in the 
temporary revisions specified in paragraphs (g)(1) though (g)(14) of 
this AD are at the applicable time specified in the applicable 
temporary revision, or within 60 days after the effective date of 
this AD, whichever occurs later.

(i) No Alternative Actions or Intervals

    After accomplishing the revisions required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used other than those specified in the temporary revisions 
specified in paragraphs (g)(1) through (g)(14) of this AD, unless 
the actions and intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (j)(1) of this AD.

(j) 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.

(k) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2012-13, 
dated April 10, 2012, and the temporary revisions to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier CL-600-2B19 
MRM specified in paragraphs (k)(1) through (k)(14) of this AD, for 
related information.

[[Page 63285]]

    (i) Canadair Regional Jet Temporary Revision 2B-2098, dated 
November 24, 2005.
    (ii) Canadair Regional Jet Temporary Revision 2B-2110, dated 
November 24, 2005.
    (iii) Canadair Regional Jet Temporary Revision 2B-2119, dated 
February 14, 2006.
    (iv) Canadair Regional Jet Temporary Revision 2B-2123, dated 
August 28, 2006.
    (v) Canadair Regional Jet Temporary Revision 2B-2127, dated 
October 9, 2007.
    (vi) Canadair Regional Jet Temporary Revision 2B-2128, dated 
October 9, 2007.
    (vii) Canadair Regional Jet Temporary Revision 2B-2129, dated 
February 14, 2008.
    (viii) Canadair Regional Jet Temporary Revision 2B-2133, dated 
February 14, 2008.
    (ix) Temporary Revision 2B-2148, dated January 12, 2009.
    (x) Temporary Revision 2B-2160, dated January 14, 2011.
    (xi) Temporary Revision 2B-2161, dated January 14, 2011.
    (xii) Temporary Revision 2B-2168, dated January 14, 2011.
    (xiii) Temporary Revision 2B-2174, dated January 14, 2011.
    (xiv) Temporary Revision 2B-2198, dated December 8, 2011.
    (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, WA, on October 4, 2012.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-25430 Filed 10-15-12; 8:45 am]
BILLING CODE 4910-13-P