[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Rules and Regulations]
[Pages 51080-51083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19976]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0175; Directorate Identifier 2014-NM-014-AD; 
Amendment 39-17957; AD 2014-17-04]
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-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This AD was prompted by reports that elevator power control 
unit (PCU) shear pins may fail prematurely. This AD requires repetitive 
replacement of the elevator PCU shear pins. We are issuing this AD to 
prevent premature elevator PCU shear pin failure. If all pins fail on 
one elevator, the elevator surface would become inoperative, which 
could reduce the controllability of the airplane and could result in a 
loss of redundancy for flutter prevention.

DATES: This AD becomes effective October 1, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 1, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0175; 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 (ACO), 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-600-2B19 (Regional Jet Series 100 & 440) airplanes. The NPRM 
published in the Federal Register on March 28, 2014 (79 FR 17453).
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-04, dated January 13, 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-
2B19 (Regional Jet Series 100 & 440) airplanes. The MCAI states:

    It was found that the elevator power control unit (PCU) shear 
pins may fail prematurely. The failure of an elevator PCU shear pin 
is dormant. There are three PCUs on each elevator. If all three PCU 
shear pins failed on one elevator, the elevator surface would become 
inoperative, which could reduce the controllability of the aeroplane 
and could result in a loss of redundancy for flutter prevention.
    This [Canadian] AD mandates the repetitive replacement of the 
elevator PCU shear pins to prevent premature elevator PCU shear pin 
failures.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0175-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 17453, March 28, 2014) and the FAA's response to each comment.

Request To Delete the Repetitive Requirement

    Air Wisconsin Airlines Corporation (AWAC) requested that we revise 
the NPRM (79 FR 17453, March 28, 2014) to delete the repetitive actions 
required by paragraph (g) of the NPRM. AWAC pointed out that, 
typically, when the design approval holder determines that a repetitive 
action for a task is required, the repetitive action is normally 
published in the maintenance requirements manual as an airworthiness 
limitation, a certification maintenance requirement, or a systems and 
powerplant program task. AWAC notes that the design approval holder has 
no such requirement in its proposed or published documents, and that 
the service information identified in the NPRM states that it does not 
affect airworthiness limitations or damage tolerance inspections.
    As an alternative to removing the repetitive requirement specified 
in paragraph (g) of the NPRM (79 FR 17453, March 28, 2014), AWAC 
requested that, if we do not agree to revise the NPRM as requested, we 
remove the compliance time of 48 months for the repetitive replacement. 
AWAC questioned why the repetitive replacements should be required, if 
the airplane has not been regularly operated. For example, an airplane 
on which the replacement task was previously performed, that has 
subsequently been sitting in storage in the desert for 3-4 years would 
not have any stress.
    We disagree to delete the repetitive replacements required by 
paragraph (g) of this final rule. There are various contributing 
factors to the premature failure of the elevator PCU shear pins, and 
corrosion is one of those factors. The repetitive replacement interval 
was determined by the design approval holder and certifying authority. 
And, because corrosion is generally a function of time and exposure to 
the environment, rather than number of flights, we have determined that 
a specific interval of calendar time is required to address this 
failure mode. Bombardier indicated that it did not wish to state a 
repetitive action within its service bulletin, as operators prefer 
service bulletins that are not left open-ended.
    We also do not agree to remove the 48-month compliance time. The 
48-month compliance time is necessary to address the identified unsafe 
condition

[[Page 51081]]

on any airplanes with a low utilization rate. An airplane on which the 
proposed replacement has been done that has been parked in storage in 
the desert for three to four years might not have undergone any 
operational stress, but the airplane is still exposed to its 
environment making it susceptible to corrosion. We have made no changes 
to this final rule in this regard.

Request To Provide Credit for Certain Previous Actions

    AWAC requested that we revise paragraph (i) of the NPRM (79 FR 
17453, March 28, 2014) to allow credit for replacements done previously 
using maintenance Task 55-21-27-960-802 and/or other service 
information identified in the airplane's maintenance records. AWAC 
suggested that there might be other service information that has been 
used to do the replacements required by paragraph (g) of the NPRM.
    We partially agree. We agree to allow credit for the replacements 
performed before the effective date of this AD using Task 55-21-27-960-
802 of the Canadair Regional Jet Model CL-600-2B19 Aircraft Maintenance 
Manual, CSP A-001, Revision 49, dated May 10, 2014. We have added new 
paragraph (i)(3) in this final rule to provide credit for using Task 
55-21-27-960-802 to accomplish the replacements specified in paragraph 
(g) of this final rule. We also have revised paragraph (i) of this 
final rule and redesignated that text as paragraphs (i), (i)(1), and 
(i)(2) of this AD; this change was for formatting purposes only.
    We do not agree to provide credit in this final rule for 
replacements done using unspecified service information that might be 
identified in unspecified service documents in the airplane maintenance 
records. However, affected operators may request approval to use other, 
specific service information as an alternative method of compliance 
under the provisions of paragraph (j)(1) of this AD.

``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 17453, March 28, 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 17453, March 28, 2014) 
about these proposed changes. However, a comment was provided for an 
NPRM having 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 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, 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 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 having 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

[[Page 51082]]

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, considered the comments received, 
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 17453, March 28, 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 17453, March 28, 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 575 airplanes of U.S. registry.
    We also estimate that it will take about 4 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $41 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $219,075, or $381 per product.

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-2014-0175; 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):

2014-17-04 Bombardier, Inc.: Amendment 39-17957. Docket No. FAA-
2014-0175; Directorate Identifier 2014-NM-014-AD.

(a) Effective Date

    This AD becomes effective October 1, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category, 
serial numbers 7003 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by reports that elevator power control unit 
(PCU) shear pins may fail prematurely. We are issuing this AD to 
prevent premature elevator PCU shear pin failure. If all pins fail 
on one elevator, the elevator surface would become inoperative, 
which could reduce the controllability of the airplane and could 
result in a loss of redundancy for flutter prevention.

(f) Compliance

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

(g) Repetitive Replacements

    Within 6,600 flight hours or 48 months after the effective date 
of this AD, whichever occurs first: Replace the elevator PCU shear 
pins, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-55-008, Revision B, dated March 12, 
2014. Repeat the replacement thereafter at intervals not to exceed 
6,600 flight hours or 48 months from the most recent replacement, 
whichever occurs first.

(h) Optional Method for Replacement

    Replacing the elevator PCU shear pins, 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); is a 
method of compliance for any replacement required by paragraph (g) 
of this AD. If approved by the DAO, the approval must include the 
DAO-authorized signature.

    Note 1 to paragraph (h) of this AD:  Guidance for doing 
replacements specified in paragraph (h) of this AD may be found in 
Task 5-21-27-960-802 of the Canadair Regional Jet Model CL-600-2B19 
Aircraft Maintenance Manual, CSP A-001, Revision 49, dated May 10, 
2014.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using the service information identified in 
paragraph (i)(1), (i)(2), or (i)(3) of this AD, which are not 
incorporated by reference in this AD.
    (1) Bombardier Service Bulletin 601R-55-008, dated July 12, 
2013.
    (2) Bombardier Service Bulletin 601R-55-008, Revision A, dated 
January 8, 2014.

[[Page 51083]]

    (3) Task 55-21-27-960-802 of the Canadair Regional Jet Model CL-
600-2B19 Aircraft Maintenance Manual, CSP A-001, Revision 49, dated 
May 10, 2014.

(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. 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2014-04, dated January 
13, 2014, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0175-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference may be viewed at the addresses specified 
in paragraphs (l)(3) and (l)(4) of this AD.

(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 601R-55-008, Revision B, dated 
March 12, 2014.
    (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 August 15, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19976 Filed 8-26-14; 8:45 am]
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