[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Proposed Rules]
[Pages 41145-41147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16539]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 79, No. 135 / Tuesday, July 15, 2014 / 
Proposed Rules  

[[Page 41145]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0446; Directorate Identifier 2013-NM-077-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-215-6B11 (CL-215T Variant), and CL-
215-6B11 (CL-415 Variant) airplanes. This proposed AD was prompted by a 
report that during a routine inspection, corrosion was discovered on 
the lower bearing of the rudder upper torque tube. This proposed AD 
would require applying grease to the bearing; doing a general visual 
inspection of the expelled old grease for any contaminants, metal wear, 
and indication of corrosion, and replacing the bearing if necessary; 
revising the maintenance or inspection program, as applicable, to 
incorporate the rudder spring tab operational test and a check of the 
rudder spring tab operation into the daily inspection. We are proposing 
this AD to prevent corroded bearings, which could result in a partial 
or total loss of axial support.

DATES: We must receive comments on this proposed AD by August 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 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-
0446; 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 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: 

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-2014-0446; 
Directorate Identifier 2013-NM-077-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 aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-08, dated March 12, 2013 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Bombardier, Inc. Model CL-215-6B11 (CL-
215T Variant), and CL-215-6B11 (CL-415 Variant) airplanes. The MCAI 
states:

    During a routine inspection, corrosion was discovered on the 
Rudder Upper Torque Tube Lower bearing, part number (P/N) DAT48-64A. 
Corroded bearings may eventually result in a partial or total loss 
of axial support. As such, Bombardier has issued Service Bulletin 
(SB) 215-A3171 Rev. 1 and SB 215-A4452 Rev. 1, which provide 
instructions to refresh the lubrication in the bearing in order to 
inspect for corrosion and/or contaminants in the existing grease. 
These SBs will also incorporate an operational check to the 50 hour 
maintenance scheduled tasks, and a test of the Rudder Spring Tab 
operation into the Daily inspection or the aircrew Preflight Check.

    Required actions include applying grease to the bearing, doing a 
general visual inspection of the expelled old grease for any 
contaminants, metal wear, and indication of corrosion, and replacing 
the bearing if necessary; revising the maintenance or inspection 
program, as applicable, to incorporate the rudder spring tab 
operational test; and revising the maintenance or inspection program, 
as applicable, to incorporate a check of the rudder spring tab 
operation into the daily inspection.

    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-
0446.

Relevant Service Information

    Bombardier, Inc. has issued Service Bulletin 215-A3171, Revision 1, 
dated January 25, 2012; and Service Bulletin 215-A4452, Revision 1, 
dated January 3,

[[Page 41146]]

2012. 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.

``Contacting the Manufacturer'' Paragraph in This Proposed 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 another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), 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 the 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.
    One commenter to the other NPRM, Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013), 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 proposed 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).
    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.

Costs of Compliance

    We estimate that this proposed AD affects 5 airplanes of U.S. 
registry.
    We also estimate that it would take about 2 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would be negligible. 
Based on these figures, we estimate the cost of this proposed AD on 
U.S. operators to be $850, or $170 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions 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.
    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;

[[Page 41147]]

    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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Bombardier, Inc.: Docket No. FAA-2014-0446; Directorate Identifier 
2013-NM-077-AD.

(a) Comments Due Date

    We must receive comments by August 29, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc. airplanes, certificated 
in any category, identified in paragraphs (c)(1) and (c)(2) of this 
AD.
    (1) Model CL-215-6B11 (CL-215T Variant) airplanes, serial 
numbers 1056 through 1125 inclusive.
    (2) Model CL-215-6B11 (CL-415 Variant) airplanes, serial numbers 
2001 through 2990 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by report that during a routine inspection, 
corrosion was discovered on the lower bearing of the rudder upper 
torque tube. We are issuing this AD to prevent corroded bearings, 
which could result in a partial or total loss of axial support.

(f) Compliance

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

(g) Lubrication of the Rudder Upper Torque Tube Bearing

    Within 3 months after the effective date of this AD, apply 
grease to the bearing, and do a general visual inspection of the 
expelled old grease for any contaminants (i.e. ashes, dust, and 
algae), metal wear, and indication of corrosion, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 215-
A3171, Revision 1, dated January 25, 2012 (for Model CL-215-6B11 
(CL-215T Variant) airplanes); or Bombardier Service Bulletin 215-
A4452, Revision 1, dated January 3, 2012 (for Model CL-215-6B11 (CL-
415 Variant) airplanes). If any contaminants (i.e., ashes, dust, and 
algae), metal wear, or indication of corrosion are found, before 
further flight, replace the bearing with a new bearing, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 215-A3171, Revision 1, dated January 25, 2012 (for 
Model CL- 215-6B11 (CL-215T Variant) airplanes); or Bombardier 
Service Bulletin 215-A4452, Revision 1, dated January 3, 2012 (for 
Model CL-215-6B11 (CL-415 Variant) airplanes). Repeat the 
inspection, thereafter, before and after each fire season or at 
intervals not to exceed 6 months, whichever occurs first.

    Note 1 to paragraph (g) of this AD:  It is suggested that 
paragraph (g) of this AD be carried out in conjunction with AD 2009-
05-04, Amendment 39-15828 (74 FR 8860, February 27, 2009), as the 
task and task intervals are in the same general area.

(h) Operational Test

    Within 30 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate the 
rudder spring tab operational test, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 215-
A3171, Revision 1, dated January 25, 2012 (for Model CL-215-6B11 
(CL-215T Variant) airplanes); or Bombardier Service Bulletin 215-
A4452, Revision 1, dated January 3, 2012 (for Model CL-215-6B11 (CL-
415 Variant) airplanes).

(i) Daily Maintenance Procedure Check

    Within 30 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate a 
check of the rudder spring tab operation into the daily inspection, 
in accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 215-A3171, Revision 1, dated January 25, 2012 (for 
Model CL-215-6B11 (CL-215T Variant) airplanes); or Bombardier 
Service Bulletin 215-A4452, Revision 1, dated January 3, 2012 (for 
Model CL-215-6B11 (CL-415 Variant) airplanes).

(j) No Alternative Actions and Intervals

    After accomplishment of the maintenance or inspection program 
revision required by paragraphs (h) and (i) 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)(1) 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 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2013-08, dated March 12, 
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 it in Docket No. FAA-2014-0446.
    (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.

    Issued in Renton, Washington, on July 3, 2014.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-16539 Filed 7-14-14; 8:45 am]
BILLING CODE 4910-13-P