[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Rules and Regulations]
[Pages 67267-67269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26961]


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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; 
Amendment 39-17246; AD 2012-22-10]
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 adopting 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 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 AD requires repetitive inspections to determine that cotter pins 
are installed at affected wing-to-fuselage attachment joints and 
replacement if necessary. We are issuing this AD to prevent loss of 
wing-to-fuselage attachment joints, which could result in the loss of 
the wing.

[[Page 67268]]


DATES: This AD becomes effective December 14, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 14, 
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 & 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: 

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 July 11, 2012 (77 FR 
40826). That NPRM proposed to correct an unsafe condition for the 
specified products. The Mandatory Continuing Airworthiness Information 
(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 [Transport Canada Civil Aviation] 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 
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 have considered the comment received.

Request for Credit for Previous Actions

    Mesa Airlines requested that paragraph (i) of the NPRM (77 FR 
40826, July 11, 2012), regarding credit for the previous actions, be 
revised to include credit for Bombardier Maintenance Review Board 
Report 57-10-305, Task 000-53-170-501, Detailed Inspection of the Wing-
to-Fuselage Attachment Fittings--FS708.00, FS752.00, and FS797.00 at 
LBL45.0 and RBL45.0, as compliance for the initial inspection specified 
in paragraph (g) of the NPRM.
    We disagree with the request to give credit for the initial 
inspection by accomplishing the task specified by the commenter. The 
intent of this AD is to ensure cotter pin installation, and while Task 
000-53-170-501 inspects for corrosion and general condition of the wing 
attachment fittings, it does not specify inspecting the cotter pins. 
Therefore, the cotter pins could be missed during the inspection in 
Task 000-53-170-501. We have not changed the AD in this regard.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed, except for minor editorial changes. We have determined 
that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 40826, July 11, 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 40826, July 11, 2012).

Costs of Compliance

    We estimate that this AD will affect 366 products of U.S. registry. 
We also estimate that it will take about 5 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the 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 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 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 40826, July 11, 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,

[[Page 67269]]

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 adding the following new AD:

2012-22-10 Bombardier, Inc.: Amendment 39-17246. Docket No. FAA-
2012-0679; Directorate Identifier 2012-NM-063-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 14, 
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, 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 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-2012-10, 
dated March 12, 2012; and Bombardier Service Bulletin 670BA-53-042, 
Revision A, dated April 27, 2012; for related information.
    (2) For Bombardier 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.

(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 670BA-53-042, Revision A, dated 
April 27, 2012.
    (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 24, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26961 Filed 11-8-12; 8:45 am]
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