[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Rules and Regulations]
[Pages 41108-41111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15802]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1070; Directorate Identifier 2013-NM-175-AD; 
Amendment 39-17892; AD 2014-13-16]
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-600-2C10 (Regional Jet Series 700, 701, & 
702), CL-600-2D15 (Regional Jet Series 705), CL-600-2D24 (Regional Jet 
Series 900), and CL-600-2E25 (Regional Jet Series 1000) airplanes. This 
AD was prompted by the finding of an uncertified main landing gear 
(MLG) inboard retraction actuator bracket pin installed on an in-
service airplane. This AD requires inspection of the MLG inboard 
retraction actuator bracket for a part number, and replacement if 
necessary. We are issuing this AD to detect and correct uncertified 
pins in the MLG inboard retraction actuator bracket, which could result 
in pin failure, leading to an MLG extension without damping, and a 
potential for MLG structural damage and possible collapse during 
landing.

DATES: This AD becomes effective August 19, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 19, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1070; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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 referenced service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information 
on the

[[Page 41109]]

availability of this material at the FAA, call 425-227-1221.

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, 
NY 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 by adding an AD that would apply to certain Bombardier, Inc. 
Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), CL-600-2D15 
(Regional Jet Series 705), CL-600-2D24 (Regional Jet Series 900), and 
CL-600-2E25 (Regional Jet Series 1000) airplanes. The NPRM published in 
the Federal Register on January 2, 2014 (79 FR 72).
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-23, dated August 13, 2013 (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:

    An uncertified main landing gear (MLG) inboard retraction 
actuator bracket pin, part number (P/N) 49131-1, was found installed 
on an in-service aeroplane. Five other uncertified pins were also 
returned to the manufacturer. The uncertified pin, P/N 49131-1, is 
weaker than the approved pin, P/N 49131-3. An MLG inboard retraction 
actuator bracket pin failure could result in an MLG extension 
without damping, and a potential for MLG structural damage and 
possible collapse during landing.
    This [Canadian] AD mandates the inspection for and removal of 
the uncertified pins.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-1070-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 72, January 2, 
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 72, January 2, 2014), we proposed to prevent the 
use of repairs that were not specifically developed to correct the 
unsafe condition, by requiring that the repair approval provided by the 
State of Design Authority or its delegated agent specifically refer to 
this FAA AD. This change was 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 proposed to change the phrase ``its 
delegated agent'' to include a design approval holder (DAH) with State 
of Design Authority design organization approval (DOA), as applicable, 
to refer to a DAH authorized to approve required repairs for the 
proposed AD.
    No comments were provided to the NPRM (79 FR 72, January 2, 2014) 
about these proposed changes. However, a comment was provided for 
another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013). The commenter stated the following: ``The proposed 
wording, being specific to repairs, eliminates the interpretation that 
Airbus messages are acceptable for approving minor deviations 
(corrective actions) needed during accomplishment of an AD mandated 
Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed that paragraph and 
retitled it ``Contacting the Manufacturer.'' This paragraph now 
clarifies that for any requirement in this AD to obtain corrective 
actions from a manufacturer, the action must be accomplished using a 
method approved by the FAA, TCCA, or Bombardier's TCCA Design Approval 
Organization (DAO). Where necessary throughout this AD, we also 
replaced any reference to approvals of corrective actions with a 
reference to the Contacting the Manufacturer paragraph.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DAO, the approval must include the DAO-authorized 
signature. The DAO signature indicates that the data and information 
contained in the document are TCCA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DAO-authorized signature approval are not TCCA-
approved, unless TCCA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    Other commenters to the NPRM discussed previously, Directorate 
Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), pointed out 
that in many cases the foreign manufacturer's service bulletin and the 
foreign authority's MCAI might have been issued some time before the 
FAA AD. Therefore, the DOA might have provided U.S. operators with an 
approved repair, developed with full awareness of the unsafe condition, 
before the FAA AD is issued. Under these circumstances, to comply with 
the

[[Page 41110]]

FAA AD, the operator would be required to go back to the manufacturer's 
DOA and obtain a new approval document, adding time and expense to the 
compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate. We also have 
decided not to include a generic reference to either the ``delegated 
agent'' or ``DAH with State of Design Authority design organization 
approval,'' but instead we have provided the specific delegation 
approval granted by the State of Design Authority for the DAH in the 
Contacting the Manufacturer paragraph of this AD.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 72, January 2, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 72, January 2, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 416 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. Required parts will cost $0 per product. Based on 
these figures, we estimate the cost of this AD on U.S. operators to be 
$35,360, or $85 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 1 work-hour and require parts costing $0, for a cost of $85 
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 affected 
individuals. As a result, we have included all costs 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1070; 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 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.

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):

2014-13-16 Bombardier, Inc.: Amendment 39-17892. Docket No. FAA-
2013-1070; Directorate Identifier 2013-NM-175-AD.

(a) Effective Date

    This AD becomes effective August 19, 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 (S/N) 10002 and subsequent.
    (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705) 
and CL-600-2D24 (Regional Jet Series 900) airplanes, S/Ns 15001 and 
subsequent.
    (3) Bombardier, Inc. Model CL-600-2E25 (Regional Jet Series 
1000) airplanes, S/Ns 19001 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
Gear.

(e) Reason

    This AD was prompted by the finding of an uncertified main 
landing gear (MLG) inboard retraction actuator bracket pin installed 
on an in-service airplane. We are issuing this AD to detect and 
correct uncertified pins in the MLG inboard retraction actuator 
bracket, which could result in pin failure, leading to an MLG 
extension without damping, and a potential for MLG structural damage 
and possible collapse during landing.

[[Page 41111]]

(f) Compliance

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

(g) Inspection for Uncertified Bracket Pins

    Within 6,600 flight hours or 36 months after the effective date 
of this AD, whichever occurs first, do an inspection of the MLG 
inboard retraction actuator bracket for any uncertified pin having 
part number (P/N) 49131-1, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-32-044, dated May 
29, 2013.

(h) Replacement of Uncertified Pins

    If any uncertified pin having P/N 49131-1 is found during the 
inspection required by paragraph (g) of this AD, before further 
flight, replace all uncertified pins, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
044, dated May 29, 2013.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANE-
170, FAA, New York Aircraft Certification Office (ACO), 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 New York 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, New York ACO, 
ANE-170, Engine and Propeller Directorate, FAA; or Transport Canada 
Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval 
Organization (DAO). If approved by the DAO, the approval must 
include the DAO-authorized signature.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian Airworthiness Directive CF-2013-23, dated August 13, 2013, 
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-2013-1070.

(k) 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 Service Bulletin 670BA-32-044, dated May 29, 
2013.
    (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.
    (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 June 25, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-15802 Filed 7-14-14; 8:45 am]
BILLING CODE 4910-13-P