[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33206-33208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12898]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0930; Directorate Identifier 2011-NM-251-AD; 
Amendment 39-17472; AD 2013-11-12]
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 BD-100-1A10 (Challenger 300) airplanes. This AD 
was prompted by reports of failure of a screw cap or end cap of the 
hydraulic system accumulator while on the ground, which resulted in 
loss of use of that hydraulic system and high-energy impact damage to 
adjacent systems and structures. This AD would require inspecting for 
the correct serial number of a certain hydraulic system accumulator, 
and replacing affected hydraulic system accumulators with new or 
serviceable accumulators. We are issuing this AD to prevent failure of 
a screw cap or end cap and loss of the related hydraulic system, which 
could result in damage to airplane structure and consequent reduced 
controllability of the airplane.

DATES: This AD becomes effective July 9, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 9, 
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; 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 September 6, 2012 
(77 FR 54846). That NPRM proposed to correct an unsafe condition for 
the specified products. The Mandatory Continuing Airworthiness 
Information (MCAI) states:

    Seven cases of on-ground hydraulic accumulator screw cap/end cap 
failure have been experienced on CL-600-2B19 aeroplanes, resulting 
in loss of the associated hydraulic system and high-energy impact 
damage to adjacent systems and structure. To date, the lowest number 
of flight cycles accumulated at the time of failure has been 6991.
    Although there have been no failures to date on any BD-100-1A10 
aeroplanes, accumulators similar to those installed on the CL-600-
2B19 are installed on them. The affected part numbers (P/Ns) of the 
accumulators installed on BD-100-1A10 are 900095-1 (Auxiliary 
Hydraulic System accumulator), 08-60219-001 (Inboard Brake 
accumulator), and 08-60218-001 (Outboard Brake accumulator).
    A detailed analysis of the calculated line of trajectory of a 
failed screw cap/end cap for the accumulator has been conducted, 
resulting in the identification of areas where systems and/or 
structural components could potentially be damaged. Although all of 
the failures to date have occurred on the ground, an in-flight 
failure affecting such components could potentially have an adverse 
effect on the controllability of the aeroplane.
    This [TCCA] directive provides the initial action by mandating 
the replacement of the Auxiliary Hydraulic System accumulators that 
are not identified by the letter ``E'' after the serial number on 
the identification plate. Further corrective actions are anticipated 
to rectify similar safety concerns with the Inboard and Outboard 
Brake accumulators.

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 Change Precipitating Event Language

    Bombardier asked that the language specifying that the NPRM (77 FR 
54846, September 6, 2012) was prompted by ``auxiliary hydraulic 
accumulator failure due to end cap or screw cap'' be changed. 
Bombardier stated that there is no record of such auxiliary hydraulic 
accumulator failure and added that the failures occurred on 
accumulators having a similar design. Bombardier asked that the word 
``auxiliary'' be removed from the NPRM.
    We agree with the commenter for the reason provided. We have 
removed the word ``auxiliary'' from the Summary section and paragraph 
(e) of this AD.

Request for Clarification of Effective Date of AD

    Bombardier asked if the compliance time in paragraphs (g)(1) and 
(g)(3) of the NPRM (77 FR 54846, September 6, 2012) should refer to the 
date of Bombardier Service Bulletin 100-29-14, dated December 16, 2010, 
instead of the effective date of the AD. Bombardier stated that there 
is a significant difference between the release date of that service 
information and the effective date of the AD.
    We acknowledge the commenter's concern and provide the following 
clarification. We do not agree that the compliance time should 
correspond to the release date of Bombardier Service Bulletin 100-29-
14, dated December 16, 2010. We do not intend to ground airplanes, but 
that could occur if the release date of this service information is 
used. Therefore, we must provide a

[[Page 33207]]

compliance time to account for the time that has passed since this 
service information was issued.
    Shortening the compliance time would mean issuing a supplemental 
NPRM, and we do not consider it appropriate to further delay issuance 
of this final rule. We determined that a compliance time following the 
effective date of the AD is appropriate and represents an acceptable 
interval in which the inspection can be performed in a timely manner 
within the fleet, while still maintaining an adequate level of safety. 
Additionally, operators are always permitted to accomplish the 
requirements of an AD at a time earlier than the specified compliance 
time. We have made no change to the AD in this regard.

Clarification of Address

    Bombardier also asked if the email address for business airplanes 
identified in paragraph (k)(2) of the NPRM (77 FR 54846, September 6, 
2012) is accurate.
    We contacted the manufacturer and verified that the email address 
identified in paragraph (k)(2) of the NPRM (77 FR 54846, September 6, 
2012) for obtaining service information from Bombardier, Inc., is the 
correct email address for business airplanes. We have made no change to 
the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We also determined that 
this change will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 75 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection to determine part numbers  1 work-hour x $85 per                $0              $85           $6,375
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the inspection. We have 
no way of determining the number of aircraft that might need these 
replacements.

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Hydraulic accumulator replacement............  4 work-hours x $85 per hour =                $0             $340
                                                $340.
----------------------------------------------------------------------------------------------------------------

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 54846, September 6, 
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:

2013-11-12 Bombardier, Inc.: Amendment 39-17472. Docket No. FAA-
2012-0930; Directorate Identifier 2011-NM-251-AD.

[[Page 33208]]

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 9, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model BD-100-1A10 
(Challenger 300) airplanes, certificated in any category, having 
serial numbers 20003 through 20335 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic 
Power.

(e) Reason

    This AD was prompted by reports of failure of a screw-cap or end 
cap of the hydraulic system accumulator while on the ground, which 
resulted in loss of use of that hydraulic system and high-energy 
impact damage to adjacent systems and structures. We are issuing 
this AD to prevent failure of a screw cap or end cap and loss of the 
related hydraulic system, which could result in damage to airplane 
structure and consequent reduced 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 applicable time specified in paragraph (g)(1), (g)(2), or 
(g)(3) of this AD: Inspect the identification plate on the hydraulic 
system accumulator having part number (P/N) 900095-1 to determine if 
an ``E'' is part of the suffix of the serial number stamped on the 
identification plate, as listed in paragraph 2.B. of the 
Accomplishment Instructions of Bombardier Service Bulletin 100-29-
14, dated December 16, 2010. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the suffix of 
the serial number can be conclusively determined from that review.
    (1) For an accumulator that has accumulated more than 3,150 
total flight cycles as of the effective date of this AD, inspect 
that accumulator within 350 flight cycles after the effective date 
of this AD.
    (2) For an accumulator that has accumulated 3,150 or fewer total 
flight cycles as of the effective date of this AD, inspect that 
accumulator before it has accumulated 3,500 total flight cycles.
    (3) For an accumulator on which it is not possible to determine 
the total flight cycles accumulated as of the effective date of this 
AD, inspect that accumulator within 350 flight cycles after the 
effective date of this AD.

(h) Replacement

    If, during the inspection required by paragraph (g) of this AD, 
any accumulator having P/N 900095-1 is found on which the letter 
``E'' is not part of the suffix of the serial number on the 
identification plate: Before further flight, replace the accumulator 
with a new or serviceable accumulator, in accordance with paragraph 
2.C. of the Accomplishment Instructions of Bombardier Service 
Bulletin 100-29-14, dated December 16, 2010.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on 
any airplane a hydraulic system accumulator having P/N 900095-1, on 
which the letter ``E'' is not part of the suffix of the serial 
number on the identification plate.

(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 the 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.

(k) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-41, dated 
October 31, 2011; and Bombardier Service Bulletin 100-29-14, dated 
December 16, 2010; 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 100-29-14, dated December 16, 
2010.
    (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. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA.
    (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 May 22, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-12898 Filed 6-3-13; 8:45 am]
BILLING CODE 4910-13-P