[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Rules and Regulations]
[Pages 7647-7650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01821]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0639; Directorate Identifier 2012-NM-005-AD; 
Amendment 39-17329; AD 2013-02-08]
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 all 
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. 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. This AD 
requires inspecting the trunnions and upper and lower pins for gouges, 
scratches, and corrosion, and replacing the trunnions if necessary; and 
adding serial numbers and new part numbers to certain trunnions, and 
upper and lower pins. This AD also requires revising the maintenance 
program to incorporate the information specified in certain temporary 
revisions of the limitations section. 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.

DATES: This AD becomes effective March 11, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 11, 
2013.

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: 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:

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 20, 2012 (77 FR 
36948). That NPRM proposed to correct an unsafe condition for the 
specified products. The Mandatory Continuing Airworthiness Information 
(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.

[[Page 7648]]

    This [Canadian] 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. The required actions 
also include 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.

Comments

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

Request To Allow Alternative Method of Identifying Parts

    Air Wisconsin Airlines Corporation (Air Wisconsin) requested that 
we allow the use of indelible ink and clear coat to mark the identified 
HSTA. The commenter stated that the tolerances identified in Bombardier 
Service Bulletin 601R-27-160, dated September 29, 2011, are too strict 
to hand vibro-peen these individual parts. The commenter also noted 
that Bombardier, Inc. is working on a revision to that service bulletin 
to authorize marking all of these parts with indelible ink and clear 
coat.
    We agree that an alternative method of marking the HSTA would be 
beneficial to operators. Since the issuance of the NPRM (77 FR 36948, 
June 20, 2012), Bombardier, Inc. has issued Service Bulletin 601R-27-
160, Revision A, dated October 3, 2012, which describes an alternative 
method for marking the HSTA. We have revised paragraphs (g), (h), (i), 
and (n) of this AD to reference Bombardier Service Bulletin 601R-27-
160, Revision A, dated October 3, 2012. We have also added a new 
paragraph (j) to this AD to allow credit for actions done before the 
effective date of this AD in accordance with Bombardier Service 
Bulletin 601R-27-160, dated September 29, 2011. We have re-identified 
the subsequent paragraphs accordingly.

Request To Clarify the Term ``Horizontal Stabilizer Trim Actuator 
(HSTA) Trunnion Support''

    Air Wisconsin requested that we clarify what is meant by ``HSTA 
trunnion support,'' as referenced in paragraph (j) of the NPRM (77 FR 
36948, June 20, 2012) and 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.
    We agree to clarify the definition of HSTA trunnion support. The 
HSTA trunnion support includes the upper and lower attachments of the 
HSTA to the airframe mounting structure. No change has been made to the 
AD in this regard.

Request To Make Documents Available to Public

    Air Wisconsin requested that the documents ``Aerospace Standard 
478'' and ``ATA Report 51-93-01 `Structural Maintenance Program 
Guidelines for Continuing Airworthiness' '' be made available to the 
public. The commenter stated that these documents are referenced in 
Bombardier Service Bulletin 601R-27-160, dated September 29, 2011.
    We disagree with the request to make these documents available to 
the public. At the final rule stage, we post on www.regulations.gov 
only the service information that is approved for incorporation by 
reference in the final rule by the Office of the Federal Register. 
Since Aerospace Standard 478 is not a document that is incorporated by 
reference, we do not make it available on that Web site. However, if 
the document is not currently in an operator's possession, it can be 
obtained from the airplane manufacturer at the address specified in 
paragraph (n)(2) of this AD. We have added an option to paragraph (i) 
of this AD to allow operators to do the actions using a method approved 
by the FAA. ATA Report 51-93-01 ``Structural Maintenance Program 
Guidelines for Continuing Airworthiness'' is not necessary to 
accomplish the AD actions. It is not necessary for compliance with the 
AD, and is cited as reference material only.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously and minor editorial 
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 36948, June 20, 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 36948, June 20, 2012).

Costs of Compliance

    We estimate that this AD will affect 586 products of U.S. registry. 
We also estimate that it will take about 20 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will 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 this AD to the 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 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);

[[Page 7649]]

    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 36948, June 20, 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 adding the following new AD:

2013-02-08 Bombardier, Inc.: Amendment 39-17329. Docket No. FAA-
2012-0639; Directorate Identifier 2012-NM-005-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 11, 
2013.

(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 (m)(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 to 
paragraphs (g) and (h) of this AD, for gouges, scratches, and 
corrosion, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-27-160, Revision A, dated October 
3, 2012.
    (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.

      Table 1 to Paragraphs (g) and (h) of This AD--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 to paragraphs (g) and (h) of this AD, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-27-160, Revision A, dated October 3, 2012.

(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, Revision A, 
dated October 3, 2012; or using a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraphs (g), (h), and (i) of this AD, if those actions were 
performed before the effective date of this AD using Bombardier 
Service Bulletin 601R-27-160, dated September 29, 2011 (which is not 
incorporated by reference by this AD).

(k) 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.

(l) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (k) 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 (m)(1) of this AD.

(m) 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,

[[Page 7650]]

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.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2011-45, dated December 
19, 2011, and the service information specified in paragraphs 
(n)(1)(i), (n)(1)(ii), and (n)(1)(iii) of this AD, for related 
information.
    (i) Bombardier Service Bulletin 601R-27-160, Revision A, dated 
October 3, 2012.
    (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.

(o) 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-27-160, Revision A, dated 
October 3, 2012.
    (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.
    (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, 
Washington. 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 January 16, 2013.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-01821 Filed 2-1-13; 8:45 am]
BILLING CODE 4910-13-P