[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Rules and Regulations]
[Pages 28130-28132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10659]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1072; Directorate Identifier 2012-NM-141-AD; 
Amendment 39-17449; AD 2013-09-07]
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-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This AD was prompted by reports of two in-service incidents 
where the left main landing gear (MLG) failed to extend. This AD 
requires installing stopper plates on the aft uplock frames in the MLG 
bay adjacent to the right and left MLG uplock assemblies. We are 
issuing this AD to prevent incorrect installation of the upper bolt in 
the MLG uplock assembly, which could prevent the MLG from extending and 
could adversely affect the safe landing of the airplane.

DATES: This AD becomes effective June 18, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 18, 
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 (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; phone: 516-228-7328; 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 October 16, 2012 (77 
FR 63281). That NPRM proposed to correct an unsafe condition for the 
specified products. The Mandatory Continuing Airworthiness Information 
(MCAI) states:

    There have been two reported in-service incidents where the left 
main landing gear (MLG) failed to extend. The investigation revealed 
that in both cases, the uplock assembly had been replaced prior to 
the in-service incidents and the upper bolt of the uplock assembly 
was incorrectly installed. The incorrect installation of the upper 
bolt resulted in the uplock assembly pivoting on the lower 
attachment bolt and preventing the MLG from extending under normal 
or alternate extension.
    The potential for an incorrect installation of the upper bolt 
could occur at both the left hand side (LHS) and/or the right hand 
side (RHS) MLG uplock assembly. Failure of the MLG to extend could 
adversely affect the safe landing of the aeroplane.
    This [Canadian] AD mandates the installation of stopper plates 
on the aft uplock frames in the MLG bay, adjacent to both the RHS 
and LHS MLG uplock assemblies, to prevent an incorrect installation 
of the MLG uplock assembly.

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

Actions Since the NPRM (77 FR 63281, October 16, 2012) Was Issued

    We have reviewed Bombardier Service Bulletin 601R-32-109, Revision 
A, dated February 26, 2013. In the NPRM (77 FR 63281, October 16, 
2012), we referred to Bombardier Service Bulletin 601R-32-109, dated 
May 29, 2012, as the appropriate source of service information for 
doing the actions specified in the NPRM. Revision A of the service 
information adds information for parts that are listed in paragraph 
1.G. ``Material--Price and Availability,'' and small editorial changes 
that do not have an effect on the technical content of the service 
information.
    We have updated paragraphs (g) and (j) of this AD to refer to 
Bombardier Service Bulletin 601R-32-109, Revision A, dated February 26, 
2013. We have also added a new paragraph (h) to this AD to give credit 
for actions done before the effective date of this AD, using Bombardier 
Service Bulletin 601R-32-109, dated May 29, 2012, and re-identified the 
subsequent paragraph identifiers accordingly.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received.
    The National Transportation Safety Board supported the NPRM (77 FR 
63281, October 16, 2012).

Request To Shorten the Compliance Time

    The Air Line Pilots Association International (ALPA) requested that 
the proposed compliance time in the NPRM (77 FR 63281, October 16, 
2012) be shortened from ``Within 5,500 flight hours or 48 months after 
the effective date of this AD, whichever occurs first . . . .'' to 
``Within 2,400 flight hours or 24 months after the effective date of 
the AD, whichever occurs first . . . .'' The ALPA based its suggested 
compliance time on the two reported in-service incidents and the 
potential safety implication of landing with an MLG fully or partially 
retracted.
    We do not agree with the request to shorten the compliance time. 
The proposed compliance time in the NPRM (77 FR 63281, October 16, 
2012) was based on a risk assessment completed by the airplane 
manufacturer, Bombardier, Inc. The risk was conservatively assessed 
with a compliance time of 6,000 flight hours, based on the estimated 
release date of Bombardier service information. Transport Canada Civil 
Aviation (TCCA), the State of Design Authority,

[[Page 28131]]

concurred with Bombardier, Inc.'s risk assessment. Bombardier, Inc. 
reduced the compliance time from 6,000 flight hours to 5,500 flight 
hours because the release date of the service information was delayed. 
Also, the compliance time of 5,500 flight hours or 48 months after the 
effective date of this AD, whichever occurs first, corresponds with the 
compliance time of parallel TCCA AD CF-2012-22, dated July 24, 2012. We 
have not changed the AD in this regard.

Request To Add a Required Inspection Item

    The ALPA also recommended that, until operators have complied with 
the proposed AD (77 FR 63281, October 16, 2012), the operators be 
required to have a Required Inspection Item for any maintenance work 
involving the upper MLG assembly. The ALPA recommended this requirement 
to ensure correct installation of the upper MLG assembly until the 
proposed AD is complied with.
    We do not agree with this recommendation. If operators properly 
follow the instructions in the airplane maintenance manual, the upper 
MLG uplock assembly will be correctly installed. In addition, 
Bombardier, Inc. issued All Operators Message No. 1307, dated September 
6, 2011, to inform operators of the second in-flight MLG incident; and 
Service Letter CRJ100/200/440-SL-32-046, dated October 11, 2011, to 
provide additional information and recommendations to address the 
second in-flight MLG incident. We have not changed the AD in this 
regard.

Conclusion

    We reviewed the available data 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 63281, October 16, 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 63281, October 16, 2012).

Costs of Compliance

    We estimate that this AD will affect 574 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 $243,950, or $425 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 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 63281, October 16, 
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:

2013-09-07 Bombardier, Inc.: Amendment 39-17449. Docket No. FAA-
2012-1072; Directorate Identifier 2012-NM-141-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 18, 
2013.

(b) Affected ADs

    None.

(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.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Reason

    This AD was prompted by reports of two in-service incidents 
where the left main landing gear (MLG) failed to extend. We are 
issuing this AD to prevent incorrect installation of the upper bolt 
in the MLG uplock assembly, which could prevent the MLG from 
extending and could adversely affect the safe landing 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) Installation of Stopper Plates

    Within 5,500 flight hours or 48 months after the effective date 
of this AD, whichever occurs first: Install stopper plates on the 
aft uplock frame of both the right and left MLG uplock assemblies, 
in accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-32-109, Revision A, dated February 26, 2013.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Bombardier Service

[[Page 28132]]

Bulletin 601R-32-109, dated May 29, 2012, which is not incorporated 
by reference in this AD.

(i) 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, NY 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.

(j) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2012-22, 
dated July 24, 2012; and Bombardier Service Bulletin 601R-32-109, 
Revision A, dated February 26, 2013; for related information.
    (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.

(k) 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-32-109, Revision A, dated 
February 26, 2013.
    (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 April 23, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-10659 Filed 5-13-13; 8:45 am]
BILLING CODE 4910-13-P