[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Rules and Regulations]
[Pages 65810-65812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26088]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0592; Directorate Identifier 2011-NM-253-AD; 
Amendment 39-17230 AD 2012-21-14]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 
& 440) airplanes. That AD currently requires a one-time inspection of 
the shafts of the main landing gear (MLG) side-brace fittings to detect 
corrosion, and the forward and aft bushings in the left-hand and right-
hand MLG side-brace fittings to detect discrepancies. The existing AD 
also requires corrective and related actions if necessary. This new AD 
requires repetitive detailed inspections for corrosion and damage of 
the MLG side-brace fitting, and replacing the side-brace fitting shaft 
with the re-designed side-brace fitting shaft of the MLG if necessary. 
This AD also requires eventual replacement of certain side-brace 
fitting shafts with the re-designed part. Replacement with a re-
designed side-brace fitting shaft of the MLG is terminating action for 
the repetitive inspections. This AD was prompted by reports of failure 
of the side-brace fitting shaft of the main landing gear (MLG) due to 
corrosion. We are issuing this AD to prevent fractures of the side-
brace fitting shafts of the MLG, and possible collapse of the MLG.

DATES: This AD becomes effective December 5, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 5, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on June 12, 2012 (77 FR 
34870), and proposed to supersede AD 2004-22-23, Amendment 39-13851 (69 
FR 64856, November 9, 2004). That NPRM proposed to correct an unsafe 
condition for the specified products. The MCAI states:

    Due to the failure of the main landing gear (MLG) side brace 
fitting shaft, caused by corrosion, [Transport Canada Civil Aviation 
(TCCA)] Airworthiness Directive (AD) CF-2002-41 was issued to 
require inspection and

[[Page 65811]]

if needed, parts replacement. However, the existing MLG side-brace 
fitting shafts continued to fail. Failure of the MLG side brace 
fitting shaft could result in the collapse of the main landing gear.
    This [TCCA] directive mandates the repetitive detailed visual 
inspection [for cracking and corrosion] of the MLG side brace 
fitting and the incorporation of the re-designed MLG side brace 
fitting shaft part number (P/N) 601R10247-3 as the terminating 
action.

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

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Request to Reference Revised Service Bulletin

    Comair, Inc. requested that we allow the use of Bombardier Service 
Bulletin 601R-57-052, Revision A, dated October 28, 2011, in the AD. 
Comair, Inc. provided no reasons for the request.
    We agree to reference the most recent service information. 
Bombardier, Inc. has issued Service Bulletin 601R-57-052, Revision A, 
dated October 28, 2011. This service bulletin includes editorial 
changes, but does not add work for airplanes that have done the actions 
using Bombardier Service Bulletin 601R-57-052, dated July 28, 2011 
(which was referenced to as the appropriate source of service 
information in the NPRM (77 FR 34870, June 12, 2012). Therefore we have 
revised paragraphs (g)(1), (g)(2), (h)(1), and (h)(2) of this AD to 
refer to Bombardier Service Bulletin 601R-57-052, Revision A, dated 
October 28, 2011. We have also added paragraph (i) to this AD to allow 
credit for actions performed before the effective date of this AD using 
Bombardier Service Bulletin 601R-57-052, dated July 28, 2011. We have 
re-designated subsequent paragraphs accordingly.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously and except for minor editorial 
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 34870, June 12, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 34870, June 12, 2012).

Costs of Compliance

    We estimate that this AD will affect about 584 products of U.S. 
registry.
    We estimate that it will take about 10 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $0 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 this AD to the 
U.S. operators to be $496,400, or $850 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 14 work-hours and require parts costing $3,860, for a cost 
of $5,050 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 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 that 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);
    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 AD and placed it in the AD docket.

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 the NPRM (77 FR 34870, June 12, 2012), 
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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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 removing airworthiness directive (AD) 
2004-22-23, Amendment 39-13851 (69 FR 64856, November 9, 2004), and 
adding the following new AD:

2012-21-14 Bombardier, Inc.: Amendment 39-17230. Docket No. FAA-
2012-0592; Directorate Identifier 2011-NM-253-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 5, 
2012.

(b) Affected ADs

    This AD supersedes AD 2004-22-23, Amendment 39-13851 (69 FR 
64856, November 9, 2004).

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes; certificated in any category; 
serial numbers 7003 through 7990 inclusive, and 8000 through 8999 
inclusive.

[[Page 65812]]

(d) Subject

    Air Transport Association (ATA) of America Code 57: Wings.

(e) Reason

    This AD was prompted by reports of failure of the side-brace 
fitting shaft of the main landing gear (MLG) due to corrosion. We 
are issuing this AD to prevent fractures of the side-brace fitting 
shafts of the MLG, and possible collapse of the MLG.

(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 of MLG Side-Brace Fitting Shaft and Replacement

    (1) At the applicable times specified in paragraphs (g)(1)(i), 
(g)(1)(ii), (g)(1)(iii), and (g)(1)(iv) of this AD, do a detailed 
inspection for corrosion and damage of each side-brace fitting shaft 
of the MLG, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-57-052, Revision A, dated October 
28, 2011. Repeat the inspections at the applicable times specified 
in paragraphs (g)(1)(i), (g)(1)(ii), (g)(1)(iii), and (g)(1)(iv) of 
this AD.
    (i) For airplanes that average greater than 900 flight hours per 
year and have side-brace shafts part number (P/N) 601R10237-1 
installed in either the left- or right-hand MLG, or if the side-
brace shaft part number cannot be identified without removal: Within 
1,000 flight hours after the effective date of this AD, do the 
inspection. Repeat the inspections thereafter at intervals not to 
exceed 1,000 flight hours until the replacement specified in 
paragraph (g)(2) or (h) of this AD is done.
    (ii) For airplanes that average 900 flight hours or less per 
year and have side-brace shafts P/N 601R10237-1 installed on either 
the left- or right-hand MLG, or if the side-brace shaft part number 
cannot be identified without removal: Within 18 months after the 
effective date of this AD, do the inspection. Repeat the inspections 
thereafter at intervals not to exceed 18 months until the 
replacement specified in paragraph (g)(2) or (h) of this AD is done.
    (iii) For airplanes that average greater than 900 flight hours 
per year and have side-brace shafts P/N 601R10237-3 installed on 
either the left- or right-hand MLG: Within 36 months after the 
effective date of this AD, do the inspection. Repeat the inspections 
thereafter at intervals not to exceed 36 months until the 
replacement specified in paragraph (g)(2) or (h) of this AD is done.
    (iv) For airplanes that average 900 flight hours or less per 
year and have side-brace shafts P/N 601R10237-3 installed on either 
the left- or right-hand MLG: Within 60 months after the effective 
date of this AD, do the inspection. Repeat the inspections 
thereafter at intervals not to exceed 60 months until the 
replacement specified in paragraph (g)(2) or (h) of this AD is done.
    (2) If any corrosion or damage is found during any inspection 
required by paragraph (g) of this AD: Before further flight, replace 
the side-brace fitting shaft with a new shaft P/N 601R10247-3, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-57-052, Revision A, dated October 28, 2011. 
Doing this replacement terminates the inspection requirements of 
paragraph (g) of this AD.

(h) Replacement

    Do the replacement at the applicable time specified in paragraph 
(h)(1) or (h)(2) of this AD.
    (1) For any airplanes that have side-brace shafts P/N 601R10237-
1 installed, or if the side-brace shaft part number cannot be 
identified without removal: Within 27 months after the effective 
date of this AD, replace the side-brace fitting shaft of the MLG 
with a new shaft having P/N 601R10247-3, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-57-
052, Revision A, dated October 28, 2011. Doing this replacement 
terminates the inspection requirements of paragraph (g) of this AD.
    (2) For airplanes that have side-brace shafts P/N 601R10237-3 
installed: Within 117 months after the effective date of this AD, 
replace the side-brace fitting shaft of the MLG with a new shaft P/N 
601R10247-3, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-57-052, Revision A, dated October 
28, 2011. Doing this replacement terminates the inspection 
requirements of paragraph (g) of this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Bombardier Service 
Bulletin 601R-57-052, dated July 28, 2011 (which is not incorporated 
by reference in 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 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

    Refer to MCAI Canadian Airworthiness Directive CF-2011-39, dated 
October 25, 2011; and Bombardier Service Bulletin 601R-57-052, dated 
July 28, 2011; for related information.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Bombardier Service Bulletin 601R-57-052, Revision A, dated 
October 28, 2011.
    (ii) Reserved.
    (3) 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.
    (4) You may review copies of the 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.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 14, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26088 Filed 10-30-12; 8:45 am]
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