[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Proposed Rules]
[Pages 21074-21077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08204]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0296; Directorate Identifier 2012-NM-102-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 supersede an existing airworthiness directive 
(AD) that applies to certain Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes. The existing AD currently 
requires revising the airworthiness limitations section of the 
Instructions for Continued Airworthiness of the maintenance 
requirements manual (MRM) by incorporating procedures for repetitive 
functional tests of the pilot input lever of the pitch feel simulator 
(PFS) units and new repetitive functional tests of the pilot input 
lever of the PFS unit, and corrective actions if necessary; and, after 
initiating the new tests, removing of the existing procedures for the 
repetitive functional tests from the MRM. The existing AD was prompted 
by a report that the shear pin located in the input lever of two PFS 
units failed due to fatigue. Since we issued that AD, a new re-designed 
PFS unit has been developed, which eliminates the need for repetitive 
inspections. This proposed AD would require replacing certain PFS units 
with the new redesigned PFS unit. This proposed AD would also remove 
certain airplanes from the applicability and add certain airplanes to 
the applicability. We are proposing this AD to prevent undetected 
failure of the shear pins of both PFS units simultaneously, which could 
result in loss of pitch feel forces and consequent reduced control of 
the airplane.

DATES: We must receive comments on this proposed AD by May 24, 2013.

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: 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: 

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-2013-0296; 
Directorate Identifier 2012-NM-102-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

    On March 31, 2008, we issued AD 2008-08-09, Amendment 39-15461 (73 
FR 19979, April 14, 2008). That AD required actions intended to address 
an unsafe condition on the products listed above.
    Since we issued AD 2008-08-09, Amendment 39-15461 (73 FR 19979, 
April 14, 2008), Transport Canada Civil Aviation (TCCA), which is the 
aviation authority for Canada, has issued Canadian Airworthiness 
Directive CF-2005-41R1, dated May 10, 2012 (referred to after this as 
the Mandatory Continuing Airworthiness Information, or ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

The shear pin in the input lever of several Pitch Feel Simulators 
(PFS) units has failed due to fatigue. The shear pin failure is not 
always detectable by the flight crew in normal operation. Failure of 
the shear pins in both PFS units on an aeroplane could result in 
loss of pitch feel forces and reduced controllability of the 
aeroplane.
Recently, Transport Canada has certified the new design of the PFS 
unit--part number (P/N) 601R92300-7 as a terminating action.

[[Page 21075]]

Revision 1 of this [TCCA] AD mandates the retrofit of all in-service 
CL-600-2B19 aeroplanes with the redesigned PFS unit.

Required actions include replacing the PFS units having part number (P/
N) 601R92300-3 or 601R92300-5 with PFS units having P/N 601R92300-7, 
which would terminate the actions required by AD 2008-08-09, Amendment 
39-15461 (73 FR 19979, April 14, 2008). This proposed AD also adds 
airplanes having serial numbers (S/Ns) 7991 through 7999 inclusive, and 
removes airplanes having S/Ns 8112 and subsequent. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier, Inc. has issued Alert Service Bulletin A601R-27-144, 
Revision E, dated October 2, 2012, including Appendix A, Revision A, 
dated December 20, 2006; and Service Bulletin 601R-27-139, Revision A, 
dated May 28, 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 574 products of U.S. registry.
    The actions that are required by AD 2008-08-09, Amendment 39-15461 
(73 FR 19979, April 14, 2008), and retained in this proposed AD take 
about 2 work-hours per product, at an average labor rate of $85 per 
work hour. Required parts cost about $0 per product. Based on these 
figures, the estimated cost of the currently required actions is $170 
per product.
    We estimate that it would take about 8 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $2,500 
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 the proposed AD 
on U.S. operators to be $1,825,320, or $3,180 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.
    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

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) 
2008-08-09, Amendment 39-15461 (73 FR 19979, April 14, 2008), and 
adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2013-0296; Directorate Identifier 
2012-NM-102-AD.

(a) Comments Due Date

    We must receive comments by May 24, 2013.

(b) Affected ADs

    This AD supersedes AD 2008-08-09, Amendment 39-15461 (73 FR 
19979, April 14, 2008).

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category, 
serial numbers (S/Ns) 7003 through 8111 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Reason

    This AD was prompted by a report that the shear pin located in 
the input lever of two pitch feel simulator (PFS) units failed due 
to fatigue. We are issuing this AD to prevent undetected failure of 
the shear pins of both PFS units simultaneously, which could result 
in loss of pitch feel forces and consequent reduced control 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) Retained Revision of Airworthiness Limitations (AWL) Section of 
Maintenance Requirements Manual

    This paragraph restates the requirements of paragraph (f) of AD 
2008-08-09, Amendment 39-15461 (73 FR 19979, April 14, 2008). For 
airplanes having S/Ns 7003 through 7990 inclusive: Within 14 days 
after February 13, 2004 (the effective date of AD 2004-02-07, 
Amendment 39-13442 (69 FR 4234, January 29, 2004), which was 
superseded by AD 2006-05-11 R1, Amendment 39-14528 (71 FR 15323, 
March 28, 2006)), revise the AWL section of the Instructions for 
Continued Airworthiness of the maintenance requirements manual by 
incorporating the

[[Page 21076]]

functional check of the PFS pilot input lever, Task R27-31-A024-01, 
as specified in Bombardier Temporary Revision (TR) 2B-1784, dated 
October 24, 2003, to the CL-600-2B19 Canadair Regional Jet 
Maintenance Requirements Manual, Part 2, Appendix B, ``Airworthiness 
Limitations,'' into the AWL section.

(h) Retained Functional Test of Input Lever With Revised Service 
Information

    This paragraph restates the requirements of paragraph (g) of AD 
2008-08-09, Amendment 39-15461 (73 FR 19979, April 14, 2008), with 
revised service information. For airplanes having S/Ns 7003 through 
7990 inclusive, and S/Ns 8000 through 8111 inclusive: Before the 
accumulation of 4,000 total flight hours, or within 100 flight hours 
after March 27, 2006 (the effective date of AD 2006-05-11 R1, 
Amendment 39-14528 (71 FR 15323, March 28, 2006), whichever occurs 
later, do a functional test of the pilot input lever of the PFS 
units to determine if the lever is disconnected, in accordance with 
the Accomplishment Instructions of a service bulletin specified in 
paragraph (h)(1), (h)(2), or (h)(3) of this AD. Repeat the test at 
intervals not to exceed 100 flight hours. Accomplishing the initial 
functional test terminates the requirements of paragraph (g) of this 
AD and the repetitive functional check of the PFS pilot input lever, 
Task R27-31-A024-01, as specified in the AWL section of the 
Instructions for Continued Airworthiness of CL-600-2B19 Canadair 
Regional Jet Maintenance Requirements Manual. As of the effective 
date of this AD, only Bombardier Alert Service Bulletin A601R-27-
144, Revision E, dated October 2, 2012, including Appendix A, 
Revision A, dated December 20, 2006, may be used to accomplish the 
actions required by this paragraph.
    (1) Bombardier Alert Service Bulletin A601R-27-144, Revision A, 
dated February 14, 2006, including Appendix A, dated September 15, 
2005.
    (2) Bombardier Alert Service Bulletin A601R-27-144, Revision B, 
dated December 20, 2006, including Appendix A, Revision A, dated 
December 20, 2006.
    (3) Bombardier Alert Service Bulletin A601R-27-144, Revision E, 
dated October 2, 2012, including Appendix A, Revision A, dated 
December 20, 2006.

(i) Retained Replacement With Revised Service Information

    This paragraph restates the requirements of paragraph (h) of AD 
2008-08-09, Amendment 39-15461 (73 FR 19979, April 14, 2008), with 
revised service information. If any lever is found to be 
disconnected during any functional test required by paragraph (h) of 
this AD, before further flight, replace the defective PFS unit with 
a serviceable PFS unit, in accordance with the Accomplishment 
Instructions of a service bulletin specified in paragraph (i)(1), 
(i)(2), or (i)(3) of this AD. As of the effective date of this AD, 
only Bombardier Alert Service Bulletin A601R-27-144, Revision E, 
dated October 2, 2012, including Appendix A, Revision A, dated 
December 20, 2006, may be used to accomplish the actions required by 
this paragraph.
    (1) Bombardier Alert Service Bulletin A601R-27-144, Revision A, 
dated February 14, 2006, including Appendix A, dated September 15, 
2005.
    (2) Bombardier Alert Service Bulletin A601R-27-144, Revision B, 
dated December 20, 2006, including Appendix A, Revision A, dated 
December 20, 2006.
    (3) Bombardier Alert Service Bulletin A601R-27-144, Revision E, 
dated October 2, 2012, including Appendix A, Revision A, dated 
December 20, 2006.

(j) New Functional Test of Input Lever

    For airplanes having S/Ns 7991 through 7999 inclusive: At the 
later of the times specified in paragraphs (j)(1) and (j)(2) of this 
AD, do a functional test of the pilot input lever of the PFS units 
to determine if the lever is disconnected, in accordance with the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A601R-27-144, Revision E, dated October 2, 2012, including Appendix 
A, Revision A, dated December 20, 2006. Repeat the test thereafter 
at intervals not to exceed 100 flight hours. Accomplishing the 
initial functional test specified in this paragraph terminates the 
requirements of paragraph (g) of this AD and the repetitive 
functional check of the PFS pilot input lever, Task R27-31-A024-01, 
as specified in the AWL section of the Instructions for Continued 
Airworthiness of CL-600-2B19 Canadair Regional Jet Maintenance 
Requirements Manual.
    (1) Before the accumulation of 4,000 total flight hours.
    (2) Within 100 flight hours from the effective date of this AD.

(k) New Replacement of Defective Pitch Feel Simulator Unit

    For airplanes having S/Ns 7991 through 7999 inclusive: If any 
disconnected lever is found to be detected during any functional 
test required by paragraph (j) of this AD, before further flight, 
replace the defective PFS unit with a serviceable PFS unit, in 
accordance with the Accomplishment Instructions of Bombardier Alert 
Service Bulletin A601R-27-144, Revision E, dated October 2, 2012, 
including Appendix A, Revision A, dated December 20, 2006.

(l) New Replacement of Pitch Feel Simulator Units

    At the applicable time specified in paragraph (l)(1), (l)(2), 
(l)(3), or (l)(4) of this AD: Replace PFS units having part number 
(P/N) 601R92300-3 or 601R92300-5, with PFS units having P/N 
601R92300-7, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-27-139, Revision A, dated May 28, 
2012. Accomplishment of the replacement required by this paragraph 
terminates the requirements of paragraphs (g), (h), (i), (j), and 
(k) of this AD, and does not alter the approved maintenance program 
for the new redesigned PFS unit P/N 601R92300-7.
    (1) For PFS units having P/N 601R92300-3 or 601R92300-5 that 
have accumulated less than 18,000 total flight hours as of the 
effective date of this AD: Within 6,000 flight hours after the 
effective date of this AD, but not to exceed 23,000 total flight 
hours on the PFS unit, or within 36 months after the effective date 
of this AD, whichever occurs first.
    (2) For PFS units having P/N 601R92300-3 or 601R92300-5 that 
have accumulated more than or equal to 18,000 total flight hours but 
less than 19,000 total flight hours as of the effective date of this 
AD: Within 5,000 flight hours after the effective date of this AD, 
but not to exceed 23,000 total flight hours on the PFS unit, or 
within 30 months after the effective date of this AD, whichever 
occurs first.
    (3) For PFS units having P/N 601R92300-3 or 601R92300-5 that 
have accumulated more than or equal to 19,000 total flight hours but 
less than 20,000 total flight hours as of the effective date of this 
AD: Within 4,000 flight hours after the effective date of this AD, 
but not to exceed 23,000 total flight hours on the PFS unit, or 
within 24 months after the effective date of this AD, whichever 
occurs first.
    (4) For PFS units having P/N 601R92300-3 or 601R92300-5 that 
have accumulated more than or equal to 20,000 total flight hours as 
of the effective date of this AD: Within 3,000 flight hours or 18 
months, after the effective date of this AD, whichever occurs first.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by 
paragraphs (h) and (i) of this AD, if those actions were performed 
before the effective date of this AD using a service bulletin 
identified in paragraph (m)(1)(i) or (m)(1)(ii) of this AD.
    (i) Bombardier Alert Service Bulletin A601R-27-144, Revision C, 
dated July 21, 2008, including Appendix A, dated December 20, 2006, 
which is not incorporated by reference in this AD.
    (ii) Bombardier Alert Service Bulletin A601R-27-144, Revision D, 
dated December 22, 2011, including Appendix A, dated December 20, 
2006, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for replacement of the PFS 
units required by paragraph (l) of this AD, if those actions were 
performed before the effective date of this AD using Bombardier 
Service Bulletin 601R-27-139, dated December 22, 2011, which is not 
incorporated by reference in this AD.
    (3) This paragraph provides credit for the actions required by 
paragraph (h) of this AD, if those actions were performed before 
March 27, 2006 (the effective date of AD 2006-05-11 R1, Amendment 
39-14528 (71 FR 15323, March 28, 2006)), using Bombardier Alert 
Service Bulletin A601R-27-144, Revision B, dated December 20, 2006, 
including Appendix A, Revision A, dated December 20, 2006.
    (4) This paragraph provides credit for actions required by 
paragraph (i) of this AD, if those actions were performed before May 
19, 2008 (the effective date of AD 2008-08-09, Amendment 39-15461 
(73 FR 19979, April 14, 2008)), using Bombardier Alert Service 
Bulletin A601R-27-144, Revision B, dated December 20, 2006, 
including Appendix A, Revision A, dated December 20, 2006.

[[Page 21077]]

(n) 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. Send information 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. AMOCs approved previously in 
accordance with AD 2008-08-09, Amendment 39-15461 (73 FR 19979, 
April 14, 2008), are approved as AMOCs for the corresponding 
provisions of paragraphs (g), (h), and (i) of 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.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2005-41R1, dated May 10, 
2012, and the service bulletins specified in paragraphs (o)(1)(i) 
through (o)(1)(v) of this AD, for related information.
    (i) Bombardier Alert Service Bulletin A601R-27-144, Revision A, 
dated February 14, 2006, including Appendix A, dated September 15, 
2005.
    (ii) Bombardier Alert Service Bulletin A601R-27-144, Revision B, 
dated December 20, 2006, including Appendix A, Revision A, dated 
December 20, 2006.
    (iii) Bombardier Alert Service Bulletin A601R-27-144, Revision 
E, dated October 2, 2012, including Appendix A, Revision A, dated 
December 20, 2006.
    (iv) Bombardier Service Bulletin 601R-27-139, Revision A, dated 
May 28, 2012.
    (v) Bombardier Temporary Revision (TR) 2B-1784, dated October 
24, 2003, to the CL-600-2B19 Canadair Regional Jet Maintenance 
Requirements Manual, Part 2, Appendix B, ``Airworthiness 
Limitations.''
    (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 March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08204 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-13-P