[Federal Register Volume 79, Number 33 (Wednesday, February 19, 2014)]
[Rules and Regulations]
[Pages 9389-9392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02977]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0054; Directorate Identifier 2014-NM-001-AD; 
Amendment 39-17754; AD 2014-03-17]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), and 
CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. This 
AD requires repetitive inspections for fractured or incorrectly 
oriented fasteners on the inboard flap hinge-box forward fittings on 
both wings, and fastener replacement if necessary. This AD was prompted 
by two reports of fractured fastener heads found on the inboard flap 
hinge-box forward fitting. We are issuing this AD to detect and correct 
incorrectly oriented or fractured fasteners, which could result in 
detachment of the flap hinge-box and the flap surface, and consequent 
reduced controllability of the airplane.

DATES: This AD becomes effective March 6, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 6, 2014
    We must receive comments on this AD by April 7, 2014.

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 AD, contact Bombardier, 
Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec

[[Page 9390]]

H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email 
[email protected]; Internet http://www.bombardier.com. You 
may view this 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 by searching for and locating it in Docket No. FAA-
2014-0054; 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 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: Ricardo Garcia, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone (516) 228-7331; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-39, dated December 6, 2013 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or the ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    There have been two in-service reports of a fractured fastener 
head, on the inboard flap hinge-box forward fitting at Wing Station 
(WS) 76.50, found during a routine maintenance inspection. 
Investigation revealed that the installation of these fasteners on 
the inboard flap hinge-box forward fittings at WS 76.50 and WS 
127.25, on both wings, does not conform to the engineering drawings. 
Incorrect installation may result in premature failure of the 
fasteners attaching the inboard flap hinge-box forward fitting. 
Failure of the fasteners could lead to the detachment of the flap 
hinge box and consequently the detachment of the flap surface. The 
loss of a flap surface could adversely affect the continued safe 
operation of the aeroplane [consequent reduced controllability of 
the airplane].
    This [Canadian] AD mandates a detailed visual inspection (DVI) 
of each inboard flap hinge-box forward fitting [for incorrectly 
oriented or fractured fasteners], on both wings, and rectification 
[fastener replacement] as required. Incorrectly oriented fasteners 
require repetitive inspections until the terminating action 
[fastener replacement] is accomplished.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2014-0054.

Relevant Service Information

    Bombardier has issued Alert Service Bulletins:
     A600-0763, including Appendices 1 and 2, dated September 
26, 2013 (for Model CL-600-1A11 (CL-600) airplanes);
     A601-0627, including Appendices 1 and 2, dated September 
26, 2013 (for Model CL-600-2A12 (CL-601) and CL-600-2B16 (CL-601-3A and 
CL-601-3R Variants) airplanes;
     A604-57-006, Revision 01, dated September 26, 2013, 
including Appendices 1 and 2, dated September 26, 2013 (for Model CL-
600-2B16 (CL-604 Variant) airplanes with serial numbers 5301 through 
5665 inclusive); and
     A605-57-004, Revision 01, dated September 26, 2013, 
including Appendices 1 and 2, dated September 26, 2013 (for Model CL-
600-2B16 (CL-604 Variant) airplanes with serial numbers 5701 through 
5920 inclusive).
    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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
incorrectly installed or fractured fasteners could result in detachment 
of the flap hinge-box and the flap surface, and consequently, reduced 
controllability of the airplane. Therefore, we determined that notice 
and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Interim Action

    We consider this AD interim action. We are currently considering 
requiring replacement of incorrectly oriented fasteners, which will 
constitute terminating action for the repetitive inspections required 
by this AD action. However, the planned compliance time for the 
replacement would allow enough time to provide notice and opportunity 
for prior public comment on the merits of the modification.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2014-0054; Directorate 
Identifier 2014-NM-001-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    We estimate that this AD affects 105 airplanes of U.S. registry.
    We also estimate that it will take about 1 work-hour 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 on U.S. operators to be $8,925, or $85 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 58 work-hours per product. We have no way of determining the 
number of aircraft that might need these actions.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for

[[Page 9391]]

affected individuals. Therefore, the parts costs are not included in 
our cost estimate.

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.

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 airworthiness 
directive (AD):

2014-03-17 Bombardier, Inc.: Amendment 39-17754. Docket No. FAA-
2014-0054; Directorate Identifier 2014-NM-001-AD.

(a) Effective Date

    This AD becomes effective March 6, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc. airplanes identified in 
paragraphs (c)(1) through (c)(3) of this AD, certificated in any 
category.
    (1) Bombardier, Inc. Model CL-600-1A11 (CL-600) airplanes, 
having serial numbers (S/Ns) 1004 through 1085 inclusive.
    (2) Bombardier, Inc. Model CL-600-2A12 (CL-601) airplanes, 
having S/Ns 3001 through 3066 inclusive.
    (3) Bombardier, Inc. Model CL-600-2B16 (CL-601-3A, CL-601-3R, & 
CL-604 Variants) airplanes, having S/Ns 5001 through 5194 inclusive, 
5301 through 5665 inclusive, and 5701 through 5920 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by two reports of fractured fastener heads 
found on the inboard flap hinge-box forward fitting at wing station 
(WS) 76.50. We are issuing this AD to detect and correct incorrectly 
oriented or fractured fasteners, which could result in detachment of 
the flap hinge-box and the flap surface, and consequent reduced 
controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection

    Within 100 flight cycles after the effective date of this AD: Do 
a detailed visual inspection for incorrect orientation and any 
fracturing (missing fastener heads) of each inboard flap fastener of 
the hinge-box forward fitting at WS 76.50 and WS 127.25, on both 
wings, in accordance with the Accomplishment Instructions of the 
applicable service information identified in paragraphs (g)(1) 
through (g)(4) of this AD.
    (1) For Model CL-600-1A11 (CL-600) airplanes having S/Ns 1004 
through 1085 inclusive: Bombardier Alert Service Bulletin A600-0763, 
including Appendices 1 and 2, dated September 26, 2013.
    (2) For Model CL-600-2A12 (CL-601) airplanes having S/Ns 3001 
through 3066 inclusive, and Model CL-600-2B16 (CL-601-3A and CL-601-
3R Variants) airplanes having S/Ns 5001 through 5194 inclusive: 
Bombardier Alert Service Bulletin A601-0627, including Appendices 1 
and 2, dated September 26, 2013.
    (3) For Model CL-600-2B16 (CL-604 Variant) airplanes having S/Ns 
5301 through 5665 inclusive: Bombardier Alert Service Bulletin A604-
57-006, Revision 01, dated September 26, 2013, including Appendices 
1 and 2, dated September 26, 2013.
    (4) For Model CL-600-2B16 (CL-604 Variant) airplanes having S/Ns 
5701 through 5920 inclusive: Bombardier Alert Service Bulletin A605-
57-004, Revision 01, dated September 26, 2013, including Appendices 
1 and 2, dated September 26, 2013.

(h) All Fasteners Correctly Oriented and Not Fractured

    If all fasteners are found correctly oriented and not fractured 
(intact) during any inspection required by paragraph (g) of this AD, 
no further action is required by this AD.

(i) Fractured Fasteners

    If any fastener is found fractured (missing fastener head) 
during any inspection required by paragraph (g) of this AD: Before 
further flight, remove and replace all fractured fasteners and all 
incorrectly oriented forward and aft fasteners at WS 76.50 and WS 
127.25, on both wings, in accordance with the Accomplishment 
Instructions of the applicable service information identified in 
paragraphs (g)(1) through (g)(4) of this AD. After accomplishing the 
replacement required by this paragraph, no further action is 
required by this AD.

(j) Incorrectly Oriented Fasteners

    If any fastener is found incorrectly oriented but none are found 
to be fractured (fasteners found intact) during any inspection 
required by paragraph (g) of this AD: Repeat the inspection required 
by paragraph (g) of this AD thereafter at intervals not to exceed 
100 flight cycles until the terminating action specified in 
paragraph (k) of this AD is accomplished.

(k) Optional Terminating Action for Incorrectly Oriented Fasteners

    Replacement of all incorrectly oriented forward and aft 
fasteners at WS 76.50 and WS 127.25, on both wings, in accordance 
with the Accomplishment Instructions of the applicable service 
information identified in paragraphs (g)(1) through (g)(4) of this 
AD, terminates the requirements of paragraph (j) of this AD.

(l) 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, 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

[[Page 9392]]

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, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or the DAH with a State of Design Authority's 
design organization approval). For a repair method to be approved, 
the repair approval must specifically refer to this AD. You are 
required to ensure the product is airworthy before it is returned to 
service.

(m) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian Airworthiness Directive CF-2013-39, dated December 6, 2013, 
for related information. You may examine the MCAI on the Internet at 
http://www.regulations.gov by searching for and locating it in 
Docket No. FAA-2014-0054.

(n) 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 this AD specifies otherwise.
    (i) Bombardier Alert Service Bulletin A600-0763, including 
Appendices 1 and 2, dated September 26, 2013.
    (ii) Bombardier Alert Service Bulletin A601-0627, including 
Appendices 1 and 2, dated September 26, 2013.
    (iii) Bombardier Alert Service Bulletin A604-57-006, Revision 
01, dated September 26, 2013, including Appendices 1 and 2, dated 
September 26, 2013.
    (iv) Bombardier Alert Service Bulletin A605-57-004, Revision 01, 
dated September 26, 2013, including Appendices 1 and 2, dated 
September 26, 2013.
    (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 view this 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 February 3, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-02977 Filed 2-18-14; 8:45 am]
BILLING CODE 4910-13-P