[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Rules and Regulations]
[Pages 44666-44669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17467]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0196; Directorate Identifier 2014-NM-015-AD; 
Amendment 39-17913; AD 2014-15-11]
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) 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 AD was prompted by 
two in-service reports of fracture of the rudder pedal tubes installed 
on the pilot-side rudder bar assembly. This AD requires repetitive 
inspections for cracking and damage of the pilot-side rudder pedal 
tubes, and corrective action if necessary. This AD also provides 
optional terminating action for the repetitive inspections. 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.

DATES: This AD becomes effective September 5, 2014.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 44667]]

of a certain publication listed in this AD as of September 5, 2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0196 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 availability of this material at the FAA, call 425-227-1221.

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, NY 
11590; telephone 516-228-7318; 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) 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 NPRM published in the Federal 
Register on April 14, 2014 (79 FR 20829).
    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''). 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/#!documentDetail;D=FAA-2014-0196-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 20829, April 14, 
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 20829, April 14, 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 20829, April 14, 2014) 
about these proposed changes. However, a comment was provided for a 
similar 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, Inc.'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

[[Page 44668]]

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 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 throughout 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 20829, April 14, 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 20829, April 14, 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 400 airplanes of U.S. registry.
    We also estimate that it takes about 3 work-hours per product to 
comply with the basic inspection 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 $102,000, or $255 per 
airplane, per inspection cycle.
    In addition, we estimate that any necessary replacement of the 
rudder pedal tubes takes 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 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 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-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 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):

2014-15-11 Bombardier, Inc.: Amendment 39-17913. Docket No. FAA-
2014-0196; Directorate Identifier 2014-NM-015-AD.

(a) Effective Date

    This AD becomes effective September 5, 2014.

[[Page 44669]]

(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, including Appendix A, 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 an 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, including Appendix A, 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, 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.

(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, including Appendix A, 
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, 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 TCCA; or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If 
approved by the DAO, the approval must include the DAO-authorized 
signature.

(k) Related Information

    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/#!documentDetail;D=FAA-
2014-0196-0002.

(l) 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-27-065, including Appendix 
A, dated November 15, 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 July 17, 2014.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-17467 Filed 7-31-14; 8:45 am]
BILLING CODE 4910-13-P