[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Rules and Regulations]
[Pages 46968-46971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18866]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0490; Directorate Identifier 2014-NM-133-AD;
Amendment 39-17926; AD 2014-16-02]
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) airplanes. This AD requires
revising the airplane flight manual to prohibit thrust reverser
operation, and repetitive detailed inspections of both engine thrust
reversers for cracks and modification if necessary. The modification of
the thrust reversers is also an optional terminating action for the
repetitive inspections. This AD was prompted by reports of partial
deployment of an engine thrust reverser in-flight caused by a failure
of the translating sleeve at the thrust reverser attachment points. We
are issuing this AD to detect and correct cracks of the translating
sleeve at the thrust reverser actuator attachment points, which could
result in deployment or dislodgement of an engine thrust reverser in-
flight and subsequent reduced control of the airplane.
DATES: This AD becomes effective August 12, 2014.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 12,
2014.
We must receive comments on this AD by September 26, 2014.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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 Cote-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-
0490; 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: Fabio Buttitta, 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 516-228-7303; fax 516-794-5531.
SUPPLEMENTARY INFORMATION:
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Emergency Airworthiness
Directive CF-2014-19, dated June 20, 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-
600-1A11 (CL-600) airplanes. The MCAI states:
There have been two reported incidents of partial deployment of an
engine thrust reverser in-flight, caused by a failure of the
translating sleeve at the thrust reverser actuator attachment
points. Inspection of the same area on some other thrust reversers
revealed cracks emanating from the holes under the nut plates.
In both incidents, the affected aeroplane landed safely without
any noticeable controllability issues, however structural failure of
thrust reverser actuator attachment points resulting in thrust
reverser deployment or dislodgment in flight [and subsequent reduced
control of the airplane] is a safety hazard warranting an immediate
mitigating action.
To help in mitigating any immediate safety hazard, Bombardier
Inc. has revised the Aircraft Flight Manual (AFM) through Temporary
Revisions (TR) 600/29, 600/30, 600-1/24 and 600-1/26, to prohibit
the thrust reverser operation on affected aeroplanes. Additionally,
as an interim corrective action, Bombardier Inc. has issued alert
service bulletin (ASB) A600-0769 requiring an inspection and/or a
mechanical lock out of the thrust reverser to prevent it from moving
out of forward thrust mode.
This [Canadian] AD is issued to mandate the incorporation of
revised AFM procedures per TR 600/29, 600/30, 600-1/24 and 600-1/26
and compliance with ASB A600-0769 for all affected CL-600-1A11
aeroplanes.
Required actions also include repetitive detailed inspections
(including a borescope inspection) of both engine thrust reversers for
cracks, and modifying the thrust reversers if necessary. Modifying the
thrust reversers terminates the detailed inspections. You may examine
the MCAI on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2014-0490.
Relevant Service Information
Bombardier, Inc. has issued the following service information. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
Bombardier Alert Service Bulletin A600-0769, Revision 01,
dated June 26, 2014.
Canadair Temporary Revision (TR) 600/29, dated June 20,
2014, to the Canadair CL-600-1A11 Airplane Flight Manual (AFM).
Canadair TR 600/30, dated June 6, 2014, to the Canadair
CL-600-1A11 AFM.
Canadair TR 600-1/24, dated June 20, 2014, to the Canadair
CL-600-1A11 AFM (Winglets) including Erratum, Publication No. PSP 600-
1AFM (US), TR No. 600-1/24, June 20, 2014.
Canadair TR 600-1/26, dated June 6, 2014, to the Canadair
CL-600-1A11 AFM (Winglets).
[[Page 46969]]
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.
``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 an NPRM having 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 NPRM having 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 the 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 actions must be accomplished using a method approved
by the FAA, Transport Canada Civil Aviation (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.
Difference Between This AD and the MCAI or Service Information
Part 3 of Canadian Emergency AD CF-2014-19, dated June 20, 2014,
which specifies accomplishing a repair or modification of the thrust
reversers, is not required in this AD. We are currently considering
requiring a repair or modification of the thrust reversers. However,
the planned compliance time for the action would allow enough time to
provide notice and opportunity for prior public comment on the merits
of the actions.
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
cracks of the translating sleeve at the thrust reverser actuator
attachment points could result in thrust reverser deployment or
dislodgement in-flight and subsequent reduced control 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.
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-2014-0490; Directorate
Identifier 2014-NM-133-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.
[[Page 46970]]
Costs of Compliance
We estimate that this AD affects 18 airplanes of U.S. registry.
We also estimate that it will take about 29 work-hours 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 $44,370, or $2,465 per product.
In addition, we estimate that any necessary follow-on actions will
take about 72 work-hours and require parts costing $509, for a cost of
$6,629 per product. We have no way of determining the number of
aircraft that might need this action.
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):
2014-16-02 Bombardier, Inc.: Amendment 39-17926. Docket No. FAA-
2014-0490; Directorate Identifier 2014-NM-133-AD.
(a) Effective Date
This AD becomes effective August 12, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc. Model CL-600-1A11 (CL-600)
airplanes, certificated in any category, serial numbers 1004 through
1085.
(d) Subject
Air Transport Association (ATA) of America Code 78, Engine
Exhaust.
(e) Reason
This AD was prompted by reports of partial deployment of an
engine thrust reverser in-flight caused by a failure of the
translating sleeve at the thrust reverser attachment points. We are
issuing this AD to detect and correct cracks of the translating
sleeve at the thrust reverser actuator attachment points, which
could result in deployment or dislodgement of an engine thrust
reverser in-flight and subsequent reduced control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Airplane Flight Manual (AFM) Revision
Within 1 calendar day after the effective date of this AD:
Revise the applicable sections of the AFM to include the information
specified in the temporary revisions (TRs) identified in paragraphs
(g)(1), (g)(2), (g)(3), and (g)(4) of this AD, as applicable. These
TRs introduce procedures to prohibit thrust reverser operation.
Operate the airplane according to the limitations and procedures in
the TRs identified in paragraphs (g)(1), (g)(2), (g)(3), and (g)(4)
of this AD, as applicable. The revision required by paragraph (g) of
this AD may be done by inserting copies of the applicable TRs
identified in paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) of this
AD into the AFM. When these TRs have been included in general
revisions of the AFM, the general revisions may be inserted in the
AFM, provided the relevant information in the general revision is
identical to that in the applicable TRs, and the TRs may be removed.
(1) Canadair TR 600/29, dated June 20, 2014, to the Canadair CL-
600-1A11 AFM.
(2) Canadair TR 600/30, dated June 6, 2014, to the Canadair CL-
600-1A11 AFM.
(3) Canadair TR 600-1/24, dated June 20, 2014, to the Canadair
CL-600-1A11 AFM (Winglets) including Erratum, Publication No. PSP
600-1AFM (US), TR No. 600-1/24, June 20, 2014.
(4) Canadair TR 600-1/26, dated June 6, 2014, to the Canadair
CL-600-1A11 AFM (Winglets).
(h) Repetitive Inspections
Within 25 flight cycles or 90 days, whichever occurs first,
after the effective date of this AD, do detailed inspections
(including a borescope inspection) of both engine thrust reversers
for cracks, in accordance with the Accomplishment Instructions of
Bombardier Alert Service Bulletin A600-0769, Revision 01, dated June
26, 2014.
(1) If no cracking is found during any inspection required by
paragraph (h) of this AD, repeat the inspection required by
paragraph (h) of this AD thereafter at intervals not to exceed 100
flight cycles until the modification specified in paragraph (i) of
this AD is done.
(2) If any cracking is found during any inspection required by
paragraph (h) of this AD, before further flight, modify the thrust
reversers on both engines, in accordance with the Accomplishment
Instructions of Bombardier Alert Service Bulletin A600-0769,
Revision 01, dated June 26, 2014.
(i) Optional Terminating Modification
Modifying the thrust reversers on both engines, in accordance
with the Accomplishment Instructions of Bombardier Alert Service
Bulletin A600-0769, Revision 01, dated June 26, 2014, terminates the
inspections required by paragraph (h) of this AD.
(j) Credit for Previous Actions
This paragraph provides credit for actions required by
paragraphs (h) and (i) of this AD, if those actions were performed
before the effective date of this AD using Bombardier Alert Service
Bulletin A600-0769, dated June 19, 2014, which is not incorporated
by reference in 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
[[Page 46971]]
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 Emergency Airworthiness Directive CF-2014-19, dated
June 20, 2014, for related information. You may examine the MCAI on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2014-0490.
(2) Service information identified in this AD that is not
incorporated by reference may be obtained at the addresses specified
in paragraphs (m)(3) and (m)(4) of this AD.
(m) 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 A600-0769, Revision 01,
dated June 26, 2014.
(ii) Canadair Temporary Revision 600/29, dated June 20, 2014, to
the Canadair CL-600-1A11 Airplane Flight Manual.
(iii) Canadair Temporary Revision 600/30, dated June 6, 2014, to
the Canadair CL-600-1A11 Airplane Flight Manual.
(iv) Canadair Temporary Revision 600-1/24, dated June 20, 2014,
to the Canadair CL-600-1A11 Airplane Flight Manual (Winglets)
including Erratum, Publication No. PSP 600-1AFM (US), TR No. 600-1/
24, June 20, 2014.
(v) Canadair Temporary Revision 600-1/26, dated June 6, 2014, to
the Canadair CL-600-1A11 Airplane Flight Manual (Winglets).
(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 August 4, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-18866 Filed 8-11-14; 8:45 am]
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