[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20829-20832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08304]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0196; Directorate Identifier 2014-NM-015-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 
701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) 
airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and 
Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This proposed 
AD was prompted by two in-service reports of fracture of the rudder 
pedal tubes installed on the pilot-side rudder bar assembly. This 
proposed AD would require repetitive inspections for cracking and 
damage of the pilot-side rudder pedal tubes, and corrective action if 
necessary. This proposed AD would also provide optional terminating 
action for the repetitive inspections. We are proposing this AD to 
detect and correct cracked and damaged pilot-side rudder pedal tubes, 
which could result in loss of function of the pilot's rudder pedal 
during flight, takeoff, or landing, and could result in reduced 
controllability of the airplane.

DATES: We must receive comments on this proposed AD by May 29, 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 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 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 Docket No. FAA-2014-
0196; or in person at the Docket Management Facility 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

[[Page 20830]]

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, 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-2014-0196; 
Directorate Identifier 2014-NM-015-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 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 (TCCA), which is the airworthiness 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-02, dated January 8, 2014 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Bombardier, Inc. Model CL-600-2C10 
(Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 
(Regional Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet 
Series 900) airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) 
airplanes. The MCAI states:

    There have been two in-service reports of fracture of the rudder 
pedal tubes installed on the pilot-side rudder bar assembly on CL-
600-2B19 model aeroplanes.
    Laboratory examination of the fractured rudder pedal tubes found 
that in both cases, the fatigue cracks initiated at the aft taper 
pin holes where the connecting rod fitting is attached. Fatigue 
testing of the rudder pedal tubes confirmed that the fatigue 
cracking is due to loads induced during parking brake application. 
Therefore, only the rudder pedal tubes on the pilot's side are 
vulnerable to fatigue cracking as the parking brake is primarily 
applied by the pilot.
    Loss of pilot rudder pedal input during flight would result in 
reduced yaw controllability of the aeroplane. Loss of pilot rudder 
pedal input during takeoff or landing may lead to a runway 
excursion.
    Although there have been no reported failures to date on any CL-
600-2C10, -2D15, -2D24, and -2D25 model aeroplanes, the same torque 
tubes part number (P/N) 600-90204-3 are installed, which may be 
prone to premature fatigue cracking.
    This [Canadian] AD mandates initial and repetitive [detailed and 
eddy current] inspections [for cracking and damage] of the pilot-
side rudder pedal tubes, P/N 600-90204-3, until the terminating 
action [replacement of both pilot-side rudder bar assemblies] is 
accomplished [and corrective actions if necessary].

    Corrective actions include replacement of the rudder bar assembly 
and repair. You may examine the MCAI in the AD docket on the Internet 
at http://www.regulations.gov by searching for and locating Docket No. 
FAA-2014-0196.

Relevant Service Information

    Bombardier has issued Service Bulletin 670BA-27-065, dated November 
15, 2013. 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 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.

Repair Approvals

    In many FAA transport ADs, when the service information specifies 
to contact the manufacturer for further instructions if certain 
discrepancies are found, we typically include in the AD a requirement 
to accomplish the action using a method approved by either the FAA or 
the State of Design Authority (or its delegated agent).
    We have recently been notified that certain laws in other countries 
do not allow such delegation of authority, but some countries do 
recognize design approval organizations. In addition, we have become 
aware that some U.S. operators have used repair instructions that were 
previously approved by a State of Design Authority or a Design Approval 
Holder (DAH) as a method of compliance with this provision in FAA ADs. 
Frequently, in these cases, the previously approved repair instructions 
come from the airplane structural repair manual or the DAH repair 
approval statements that were not specifically developed to address the 
unsafe condition corrected by the AD. Using repair instructions that 
were not specifically approved for a particular AD creates the 
potential for doing repairs that were not developed to address the 
unsafe condition identified by the MCAI AD, the FAA AD, or the 
applicable service information, which could result in the unsafe 
condition not being fully corrected.
    To prevent the use of repairs that were not specifically developed 
to correct the unsafe condition, certain requirements of this proposed 
AD would require that the repair approval specifically refer to the FAA 
AD. This change is intended to clarify the method of compliance and to 
provide operators with better visibility of repairs that are 
specifically developed and approved to correct the unsafe condition. In 
addition, we use the phrase ``its delegated agent, or the DAH with 
State of Design Authority design organization approval, as applicable'' 
in this proposed AD to refer to a DAH authorized to approve certain 
required repairs for this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 400 airplanes of U.S. 
registry.
    We also estimate that it would take about 3 work-hours per product 
to comply with the basic inspection requirements of this proposed AD. 
The average labor rate is $85 per work-hour. Based on these figures, we 
estimate the cost of this proposed AD on U.S. operators to be $102,000, 
or $255 per airplane, per inspection cycle.
    In addition, we estimate that any necessary replacement of the 
rudder pedal tubes would take about 6 work-hours and require parts 
costing $2,850, for a cost of $3,360 per product. We have no way of 
determining the number of aircraft that might need this action.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition repairs specified in this proposed 
AD.

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.

[[Page 20831]]

    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.

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. Amend Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Bombardier, Inc.: Docket No. FAA-2014-0196; Directorate Identifier 
2014-NM-015-AD.

(a) Comments Due Date

    We must receive comments by May 29, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category.
    (1) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 
701, & 702) airplanes, serial numbers 10002 through 10342 inclusive.
    (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 
705), and Model CL-600-2D24 (Regional Jet Series 900) airplanes, 
serial numbers 15001 through 15337 inclusive.
    (3) Bombardier, Inc. Model CL-600-2E25 (Regional Jet Series 
1000) airplanes, serial numbers 19001 through 19040 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by two in-service reports of fracture of 
the rudder pedal tubes installed on the pilot-side rudder bar 
assembly. We are issuing this AD to detect and correct cracked and 
damaged pilot-side rudder pedal tubes, which could result in loss of 
function of the pilot's rudder pedal during flight, takeoff, or 
landing, and could result in reduced controllability of the 
airplane.

(f) Compliance

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

(g) Repetitive Inspections

    Before the accumulation of 26,000 total flight cycles or within 
3 months after the effective date of this AD, whichever occurs 
later: Perform a detailed or eddy current inspection for cracking 
around the aft tapered holes of both pilot-side rudder pedal tubes 
and for damage of the rudder pedal tubes in locations other than 
around the aft tapered holes, in accordance with Part A of the 
Accomplishment Instructions of Bombardier Service Bulletin 670BA-27-
065, dated November 15, 2013. Repeat the inspection thereafter at 
the applicable intervals specified in paragraph (g)(1) or (g)(2) of 
this AD, until the terminating action specified in paragraph (i) of 
this AD is done.
    (1) If the most recent inspection was a detailed inspection: 
Within 750 flight cycles after doing the detailed inspection.
    (2) If the most recent inspection was a eddy current inspection: 
Within 1,250 flight cycles after doing the eddy current inspection.

(h) Corrective Actions

    (1) If any crack is found around the aft tapered holes during 
any inspection required by paragraph (g) of this AD, before further 
flight, replace the rudder bar assembly, in accordance with Part B 
of the Accomplishment Instructions of Bombardier Service Bulletin 
670BA-27-065, dated November 15, 2013.
    (2) If any damage is found during any inspection required by 
paragraph (g) of this AD in a location other than around the aft 
tapered holes: Before further flight, repair using a method approved 
by the Manager, New York ACO; or TCCA (or its delegated agent, or 
the Design Approval Holder (DAH) with TCCA design organization 
approval, as applicable). For a repair method to be approved, the 
repair approval must specifically refer to this AD.

(i) Optional Terminating Action

    Replacement of both pilot-side rudder bar assemblies, in 
accordance with Part B of the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-27-065, dated November 15, 2013, 
constitutes terminating action for the repetitive inspections 
required by paragraph (g) of this AD.

(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. Send information to ATTN: Program 
Manager, Continuing Operational Safety, FAA, New York ACO, 1600 
Stewart Avenue, Suite 410, Westbury, New York 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, 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, as applicable). You are required to 
ensure the product is airworthy before it is returned to service.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2014-02, dated January 8, 
2014, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2014-0196.
    (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 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.


[[Page 20832]]


    Issued in Renton, Washington, on April 4, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-08304 Filed 4-11-14; 8:45 am]
BILLING CODE 4910-13-P