[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Rules and Regulations]
[Pages 47529-47531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18488]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0216; Directorate Identifier 2012-NM-206-AD; 
Amendment 39-17521; AD 2013-15-05]
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 a determination that certain flap 
actuators require restoration by installing a redesigned flap actuator 
inboard pinion seal. This AD requires revising the maintenance program 
by incorporating new airworthiness limitation tasks. We are issuing 
this AD to prevent flap system failure, and consequent reduced control 
of the airplane.

DATES: This AD becomes effective September 10, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
10, 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: Luke Walker, 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) 228-7363; 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. 
The NPRM was published in the Federal Register on April 8, 2013 (78 FR 
20844). The NPRM proposed to correct an unsafe condition for the 
specified products. Transport Canada Civil Aviation (TCCA), which is 
the aviation authority for Canada, has issued Canadian Airworthiness 
Directive CF-2012-26, dated October 30, 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 CL-600-2B19 aeroplane flap actuator inboard pinion seal is prone 
to leak which can cause internal contamination of the actuator 
braking mechanism and subsequent actuator failure. This condition, 
if not corrected, can cause flap system failure. In certain weather 
and runway conditions, frequent flap system failures pose a safety 
concern.

To improve the internal actuator sealing, the flap actuator 
manufacturer has redesigned the inboard pinion seal.

Transport Canada Civil Aviation (TCCA) has been monitoring, through 
an actuator sampling program, the performance of the flap system 
since the introduction of actuators equipped with this new inboard 
pinion seal. Based on this sampling program and recent flap 
reliability data, TCCA is mandating a restoration task to install 
the redesigned flap actuator inboard pinion seal on all applicable 
actuators.

The required action is revising the maintenance program by 
incorporating two new airworthiness limitation tasks. The unsafe 
condition is flap system failure, and consequent reduced control of the 
airplane. 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.

Statement of Support for the NPRM (78 FR 20844, April 8, 2013) and 
Request To Shorten Compliance Time

    The Airline Pilots Association International stated it supports the 
NPRM (78 FR 20844, April 8, 2013), and requested that we shorten the 
compliance time to ensure that the identified safety issue is corrected 
within the airplane fleet as soon as possible.
    We do not agree with the request to shorten the compliance time. 
After considering all the available information, we have determined 
that the compliance time, as proposed, represents an appropriate 
interval of time in which the required actions can

[[Page 47530]]

be performed in a timely manner within the affected fleet, while still 
maintaining an adequate level of safety. In developing an appropriate 
compliance time, we considered the safety implications, parts 
availability, and normal maintenance schedules for timely 
accomplishment of installing the inboard pinion seal in the flap 
actuator. Further, we arrived at the proposed initial task compliance 
time with operator and manufacturer concurrence.
    To reduce the compliance time of the NPRM (78 FR 20844, April 8, 
2013) would necessitate (under the provisions of the Administrative 
Procedure Act) reissuing the notice, reopening the period for public 
comment, considering additional comments subsequently received, and 
eventually issuing a final rule. We have determined that further delay 
of this final rule is not appropriate. However, if additional data are 
presented that would justify a shorter compliance time, we might 
consider further rulemaking on this issue. We have not changed this 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 
this 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 (78 FR 20844, April 8, 2013) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 20844, April 8, 2013).

Costs of Compliance

    We estimate that this AD affects 573 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
----------------------------------------------------------------------------------------------------------------
Revise the maintenance program...........  1 work-hour x $85 per hour            $0          $85         $48,705
                                            = $85.
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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 this AD, the MCAI, 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.

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:

2013-15-05 Bombardier, Inc.: Amendment 39-17521. Docket No. FAA-
2013-0216; Directorate Identifier 2012-NM-206-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
10, 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, 
equipped with Eaton flap actuators having any part number (P/N) 
specified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD.
    (1) P/N 601R93101-23/-25 (vendor P/N 852D100-23, -25).
    (2) P/N 601R93103-23/-24 (vendor P/N 853D100-23, -24).
    (3) P/N 601R93104-23/-24 (vendor P/N 854D100-23, -24).

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that certain flap 
actuators require restoration by installing a redesigned flap 
actuator inboard pinion seal. We are issuing this AD to prevent flap 
system failure, 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.

[[Page 47531]]

(g) Maintenance Program Revision

    Within 30 days after the effective date of this AD, revise the 
maintenance program to incorporate Tasks C27-50-111-15 and C27-50-
111-17 of Bombardier CL-600-2B19 Temporary Revision (TR) 2A-48, 
dated July 6, 2012, to Appendix A--Certification Maintenance 
Requirements, of Part 2, Airworthiness Requirements, of the 
Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM), except 
as specified in paragraph (j) of this AD. The initial compliance 
times for the tasks are specified in paragraph (h) of this AD.
    Note 1 to paragraph (g) of this AD: The maintenance program 
revision required by paragraph (g) of this AD may be done by 
inserting a copy of Bombardier CL-600-2B19 TR 2A-48, dated July 6, 
2012, into Appendix A--Certification Maintenance Requirements, of 
Part 2, Airworthiness Requirements, of the Bombardier CL-600-2B19 
MRM. When this TR has been included in general revisions of the MRM, 
the general revisions may be inserted in the MRM, provided the 
relevant information in the general revision is identical to that in 
Bombardier CL-600-2B19 TR 2A-48, dated July 6, 2012.

(h) Initial Task Compliance Times

    For the inboard and outboard flap actuators identified in 
Bombardier CL-600-2B19 TR 2A-48, dated July 6, 2012, to Appendix A--
Certification Maintenance Requirements, of Part 2, Airworthiness 
Requirements, of the Bombardier CL-600-2B19 MRM, the initial 
compliance times for the tasks specified in Bombardier CL-600-2B19 
TR 2A-48, dated July 6, 2012, are the applicable times specified in 
paragraphs (h)(1) through (h)(4) of this AD.
    (1) For flap actuators that have accumulated less than 6,000 
flight cycles as of the effective date of this AD, before the 
accumulation of 10,000 flight cycles on the flap actuator.
    (2) For flap actuators that have accumulated 6,000 or more 
flight cycles but less than 10,000 flight cycles as of the effective 
date of this AD, within 4,000 flight cycles after the effective date 
of this AD, but no later than 12,000 flight cycles on the flap 
actuator.
    (3) For flap actuators that have accumulated 10,000 or more 
flight cycles but less than or equal to 12,000 flight cycles as of 
the effective date of this AD, within 2,000 flight cycles after the 
effective date of this AD, but no later than 13,000 flight cycles on 
the flap actuator.
    (4) For flap actuators that have accumulated more than 12,000 
flight cycles as of the effective date of this AD, within 1,000 
flight cycles after the effective date of this AD.

(i) Repetitive Compliance Time

    Where Bombardier CL-600-2B19 TR 2A-48, dated July 6, 2012, to 
Appendix A--Certification Maintenance Requirements, of Part 2, 
Airworthiness Requirements, of the Bombardier CL-600-2B19 MRM, 
specifies a task interval of 10,000 flight cycles or 144 months, the 
task interval is 10,000 flight cycles.

(j) No Alternative Actions and Intervals

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

(k) 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 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.

(l) Related Information

    Refer to Mandatory Continuing Airworthiness Information Canadian 
Airworthiness Directive CF-2012-26, dated October 30, 2012, for 
related information, which can be found in the AD docket on the 
internet at http://www.regulations.gov.

(m) 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 CL-600-2B19 Temporary Revision 2A-48, dated July 
6, 2012, to Appendix A--Certification Maintenance Requirements, of 
Part 2, Airworthiness Requirements, of the Bombardier CL-600-2B19 
Maintenance Requirements Manual.
    (ii) Reserved.
    (3) For service information identified in this AD, 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 July 12, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-18488 Filed 8-5-13; 8:45 am]
BILLING CODE 4910-13-P