[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Proposed Rules]
[Pages 49227-49229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19534]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0687; Directorate Identifier 2012-NM-118-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 adopt a new airworthiness directive (AD) for all 
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This proposed AD was prompted by reports of burr marks on 
the primary wheels, and cracked rings on the primary wheel shaft, on 
certain horizontal stabilizer trim actuators (HSTAs). This proposed AD 
would require replacing certain HSTAs. We are proposing this AD to 
prevent burr marks on the primary wheels, and cracked rings on the 
primary wheel shaft, on certain HSTAs, which may lead to a disconnect 
of the pitch trim surface and subsequent loss of pitch control, 
resulting in loss of control of the airplane.

DATES: We must receive comments on this proposed AD by September 27, 
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 (ACO), 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-2013-0687; 
Directorate Identifier 2012-NM-118-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

[[Page 49228]]

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

    Transport Canada Civil Aviation, which is the aviation authority 
for Canada, has issued Canadian Airworthiness Directive CF-2012-18, 
dated May 29, 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:

    It was discovered that a number of primary wheels on the HSTA P/
N [part number] 601R92305-5 (or vendor P/N 8396-4) had burr marks. 
Investigation revealed that the burr marks were a result of 
incorrectly using the manufacturing process. In addition, some rings 
that were fitted on the primary wheel shaft were found cracked. If 
not corrected, this condition may lead to a disconnect of the pitch 
trim surface and subsequent loss of pitch control.
    This [Canadian] AD mandates the removal of the affected units 
that have the above described manufacturing defect.

Corrective actions include replacement of certain HSTAs. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 601R-27-159, dated June 15, 
2011. The actions described in this service bulletin 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.

Differences Between This AD and the MCAI or Service Information

    While the Applicability of Transport Canada Civil Aviation (TCCA) 
Canadian AD CF-2012-18, dated May 29, 2012, is Bombardier, Inc. Model 
CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, serial numbers 
7003 and subsequent, equipped with HSTAs having P/N 601R92305-5 or 
vendor P/N 8396-4, with serial numbers (S/N)s 287, 724, 813, 841, 998, 
1031, 1035, 1049, 1053, 1067, 1068, 1136, 1252, 1268, 1303, 1319, 1338, 
1354, 1374, 1378, 1445, 1470, 1498, 1513, 1546, 1632, 1736, 1766, 1846, 
1849, 2002 through 2009, 2011, 2013 through 2016, 2019, 2020, and 2022; 
the applicability of this AD is for all Bombardier, Inc. Model CL-600-
2B19 (Regional Jet Series 100 & 440) airplanes. This has been 
coordinated with TCCA.
    While TCCA Canadian AD CF-2012-18, dated May 29, 2012, does not 
allow for a records review to verify part numbers, paragraph (g) of 
this AD does allow for a records review to be used to verify part 
numbers.

Costs of Compliance

    We estimate that this proposed AD affects 575 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Replacement.......................  19 work-hours x $85 per                $0           $1,615         $928,625
                                     hour = $1,615.
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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 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 adding the following new AD:


[[Page 49229]]


Bombardier, Inc.: Docket No. FAA-2013-0687; Directorate Identifier 
2012-NM-118-AD.

(a) Comments Due Date

    We must receive comments by September 27, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of burr marks on the primary 
wheels, and cracked rings on the primary wheel shaft, on certain 
HSTAs. We are issuing this AD to prevent burr marks on the primary 
wheels, and cracked rings on the primary wheel shaft, on certain 
HSTAs, which may lead to a disconnect of the pitch trim surface and 
subsequent loss of pitch control, resulting in loss of 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) Inspection

    Within 1,000 flight hours or 4 months after the effective date 
of this AD, whichever occurs first, inspect to determine if any HSTA 
having part number (P/N) 601R92305-5 or vendor P/N 8396-4, with 
serial numbers (S/N)s 287, 724, 813, 841, 998, 1031, 1035, 1049, 
1053, 1067, 1068, 1136, 1252, 1268, 1303, 1319, 1338, 1354, 1374, 
1378, 1445, 1470, 1498, 1513, 1546, 1632, 1736, 1766, 1846, 1849, 
2002 through 2009, 2011, 2013 through 2016, 2019, 2020, and 2022 is 
installed. A review of airplane maintenance records is acceptable in 
lieu of this inspection if the part number of the HSTA can be 
conclusively determined from that review.

(h) Replacement

    Within 1,000 flight hours or 4 months after the effective date 
of this AD, whichever occurs first, replace the affected HSTAs 
identified in paragraph (g) of this AD, with a serviceable HSTA, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-27-159, dated June 15, 2011.

(i) Parts Installation Limitations

    As of the effective date of this AD, no person may install any 
HSTA having P/N 601R92305-5 or vendor P/N 8396-4 with a S/N listed 
in paragraph (g) of this AD, unless the S/N has the suffix ``A'' 
beside it.

(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 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
Canadian Airworthiness Directive CF-2012-18, dated May 29, 2012, for 
related information, which can be found in the AD docket on the 
internet at http://www.regulations.gov.
    (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 August 6, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-19534 Filed 8-12-13; 8:45 am]
BILLING CODE 4910-13-P