[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Rules and Regulations]
[Pages 1508-1511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33288]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-1049; Directorate Identifier 2013-NM-110-AD; 
Amendment 39-18361; AD 2016-01-02]
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 the horizontal 
stabilizer trim actuator (HSTA) spur gear bolts inside the gearbox were 
found loose, broken, or backed out due to incorrect bending of the 
anti-rotation tab washer and the improper application of Loctite glue 
during installation. This AD requires replacing certain HSTAs with a 
new HSTA. This AD also requires revising the airplane flight manual 
(AFM) and the maintenance or inspection program, as applicable. We are 
issuing this AD to prevent failure of the HSTA and subsequent loss of 
control of the airplane.

DATES: This AD becomes effective February 17, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 17, 
2016.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-1049; 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 final rule, 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. It 
is also available on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2014-1049.

FOR FURTHER INFORMATION CONTACT: Luke Walker, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7363; fax 516-794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Bombardier, Inc. 
Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The NPRM 
published in the Federal Register on January 23, 2015 (80 FR 3522).
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-14, dated June 4, 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-600-2B19 
(Regional Jet Series 100 & 440) airplanes. The MCAI states:

    There have been a number of reports where the HSTA spur gear 
bolts inside the gearbox were found loose, broken or backed out. 
Investigation revealed that the root cause is incorrect bending of 
the anti-rotation tab washer and the improper application of Loctite 
glue during installation.
    The function of these bolts is to generate sufficient preload 
between the two spur gears such that the full torque is transferred 
by friction between the two spur gears. Loosening of the bolts would 
reduce the pre-load between two spur gears and decrease the torque 
transfer. Partial or full torque would be re-distributed to the 
secondary load path (Tie-Rod) in torsion. The Tie-Rod is designed to 
withstand axial load only in case of failure of the primary load 
path (ACME screw), and not torsional load. The secondary load path 
(Tie-Rod) is therefore considered ineffective and no longer provides 
protection as a failsafe design of the system. Loose bolt(s) on the 
HSTA spur gear combined with the failure of the primary load path, 
could lead to failure of the HSTA and subsequent loss of the 
aeroplane.

[[Page 1509]]

    In addition, Bombardier Aerospace (BA) has introduced a modified 
HSTA [part number] P/N 601R92305-5 (vendor P/N 8396-4) to rectify 
the loose bolt problem. However, this modified HSTA, has several 
quality control problems which could affect safety.
    This [Canadian] AD is issued to mandate the replacement of the 
affected HSTA(s) with the new HSTA P/N 601R92305-7 (vendor P/N 8396-
5).

    This AD also requires revising the AFM and maintenance or 
inspection program, as applicable. You may examine the MCAI in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-1049-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received. The following 
presents the comments received on the NPRM (80 FR 3522, January 23, 
2015) and the FAA's response to each comment.

Request To Extend the Compliance Time in Paragraph (j)(2)(iii) of the 
NPRM (80 FR 3522, January 23, 2015)

    SkyWest Airlines (SWA) requested that the compliance time in 
paragraph (j)(2)(iii) of the proposed AD (80 FR 3522, January 23, 2015) 
be extended to alleviate the impact on its fleet. SWA stated that 
currently HSTAs are replaced prior to the accumulation of 19,200 total 
flight hours, and in paragraph (j)(2)(iii) of the proposed AD, the 
replacement time is reduced to 10,000 total flight hours. SWA stated 
that it has 86 airplanes with HSTAs that are approaching 10,000 total 
flight hours. SWA is concerned that replacement HSTAs might not be 
available in time to comply with the requirements proposed in the NPRM.
    We do not agree that the compliance time in paragraph (j)(2)(iii) 
of this AD should be extended. In developing an appropriate compliance 
time for this action, we considered not only the degree of urgency 
associated with addressing the subject unsafe condition, but the 
manufacturer's recommendation for an appropriate compliance time, and 
the availability of required parts. Under the provisions of paragraph 
(m)(1) of this AD, however, we may consider requests for adjustments to 
the compliance time if data are submitted to substantiate that such an 
adjustment would provide an acceptable level of safety. We have not 
changed this AD regarding this issue.

Request To Reduce the Compliance Time for HSTA Replacement

    Air Line Pilots Association International (ALPA) requested that the 
compliance time for replacement of the HSTAs be reduced to ensure that 
the identified safety issue is corrected within the Bombardier, Inc. 
CRJ fleet as soon as possible.
    We do not agree with the commenter's request to reduce the 
compliance time. In developing an appropriate compliance time, we 
considered the safety implications, parts availability, and normal 
maintenance schedules for timely replacement of the HSTAs. In 
consideration of all of these factors, we determined that the 
compliance time, as proposed, represents an appropriate interval in 
which the HSTAs can be replaced in a timely manner within the fleet, 
while still maintaining an adequate level of safety. Most ADs, 
including this one, permit operators to accomplish the requirements of 
an AD at a time earlier than the specified compliance time; therefore, 
an operator may choose to replace the HSTAs before the applicable 
compliance times specified in paragraph (j) of this AD. If additional 
data are presented that would justify a shorter compliance time, we may 
consider further rulemaking on this issue. We have not changed this AD 
regarding this issue.

Request To Remove the Airplane Flight Manual (AFM) Revision Requirement

    ALPA also requested that once the HSTAs have been replaced the FAA 
re-evaluate the need for the revision to the AFM to include a first 
flight check of the horizontal stabilizer trim. No justification was 
provided for the request to omit the AFM revision.
    We do not agree with the commenter's request to remove the 
requirement to revise the AFM. We have determined that the first flight 
check of the horizontal stabilizer trim is still necessary after the 
HSTAs have been replaced to ensure the safety of the Bombardier, Inc. 
Model CL-600-2B19 (Regional Jet Series 100 & 440) airplane fleet. Also, 
this AFM revision requirement is included in Canadian AD CF-2013-14, 
dated June 4, 2013, which corresponds to this final rule. We have not 
changed this AD regarding this issue.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD as proposed except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (80 FR 3522, January 23, 2015) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (80 FR 3522, January 23, 2015). We also 
determined that these changes will not increase the economic burden on 
any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information.
     Supplement 23, ``Horizontal Stabilizer Trim Check,'' of 
Chapter 7 ``Supplements,'' of Bombardier CL -600-2B19 Airplane Flight 
Manual CSP A-012, Volume 3, Revision 61, dated April 2, 2013. This 
service information includes procedures for revising the AFM.
     Bombardier Service Bulletin 601R-27-161, Revision A, dated 
January 30, 2014. This service information describes procedures for 
installing a HSTA.
     Bombardier CL-600-2B19, Temporary Revision 2A-56, dated 
June 4, 2012, to Appendix A, Certification Maintenance Requirements 
(CMR), of Part 2, Airworthiness Requirements, of the Bombardier CL-600-
2B19 Maintenance Requirements Manual (MRM). This service information 
adds new CMR tasks to the Airworthiness Requirements of the MRM. These 
CMR tasks include an inspection, functional check, and operational 
check.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 85 airplanes of U.S. registry.
    We also estimate that it will take about 10 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 $38,569 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $3,350,615, or $39,419 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.

[[Page 1510]]

    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-2014-1049; 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

    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):

2016-01-02 Bombardier, Inc.: Amendment 39-18361. Docket No. FAA-
2014-1049; Directorate Identifier 2013-NM-110-AD.

(a) Effective Date

    This AD becomes effective February 17, 2016.

(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, equipped with horizontal 
stabilizer trim actuator (HSTA) part numbers (P/N) 601R92305-1 
(vendor P/N 8396-2), 601R92305-3 (vendor P/N 8396-3), or 601R92305-5 
(vendor P/N 8396-4).

(d) Subject

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

(e) Reason

    This AD was prompted by reports that the horizontal stabilizer 
trim actuator (HSTA) spur gear bolts inside the gearbox were found 
loose, broken, or backed out due to incorrect bending of the anti-
rotation tab washer and the improper application of Loctite glue 
during installation. We are issuing this AD to prevent failure of 
the HSTA and subsequent loss of 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 30 days after the effective date of this AD, revise the 
Limitations section and Normal Procedures section of the AFM to 
include the information in Supplement 23, ``Horizontal Stabilizer 
Trim Check,'' of Chapter 7 ``Supplements,'' of Bombardier CL-600-
2B19 Airplane Flight Manual CSP A-012, Volume 3, Revision 61, dated 
April 2, 2013.

(h) Revision of Maintenance or Inspection Program

    Within 30 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate 
Task C27-40-103-04, ``Operational Check (ground maintenance test) of 
the horizontal stabilizer trim control unit,'' specified in 
Bombardier CL-600-2B19 Temporary Revision 2A-56, dated June 4, 2012, 
to Appendix A, Certification Maintenance Requirements, of Part 2, 
Airworthiness Requirements, of the Bombardier CL-600-2B19 
Maintenance Requirements Manual (MRM). The compliance time for the 
initial operational check is within 500 flight hours after the 
effective date of this AD.

(i) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (h) of 
this AD, no alternative actions (e.g., inspections) and/or intervals 
may be used unless the actions and/or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (m)(1) of this AD.

(j) HSTA Replacement

    (1) For airplanes equipped with an HSTA having P/N 601R92305-1 
(vendor P/N 8396-2) or P/N 601R92305-3 (vendor P/N 8396-3): At the 
earlier of the times specified in paragraphs (j)(1)(i) and 
(j)(1)(ii) of this AD, replace the HSTA with a new HSTA having P/N 
601R92305-7 (vendor P/N 8396-5), in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-27-
161, Revision A, dated January 30, 2014. The compliance times 
specified in paragraphs (j)(1)(i) and (j)(1)(ii) of this AD do not 
alleviate any existing life limit requirements.
    (i) Within 3,700 flight hours after the effective date of this 
AD.
    (ii) Within 27 months after the effective date of this AD.
    (2) For airplanes equipped with an HSTA having P/N 601R92305-5 
(vendor P/N 8396-4): At the earlier of the times specified in 
paragraphs (j)(2)(i), (j)(2)(ii), and (j)(2)(iii) of this AD, 
replace the HSTA with a new HSTA having P/N 601R92305-7 (vendor P/N 
8396-5), in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-27-161, Revision A, dated January 
30, 2014. The compliance times specified in paragraphs (j)(2)(i), 
(j)(2)(ii), and (j)(2)(iii) of this AD do not alleviate any existing 
life limit requirements.
    (i) Within 4,400 flight hours after the effective date of this 
AD.
    (ii) Within 32 months after the effective date of this AD.
    (iii) Before the accumulation of 10,000 total flight hours on 
HSTA P/N 60192305-5 (vendor P/N 8396-4).

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (j) of this AD, if those actions were performed before the 
effective date of this AD using Bombardier Service Bulletin 601R-27-
161, dated May 31, 2012, which is not incorporated by reference in 
this AD.

(l) Parts Installation Limitations

    (1) As of the effective date of this AD, no person may install 
an HSTA, P/N 601R92305-1 (vendor P/N 8396-2) or P/N 601R92305-3 
(vendor P/N 8396-3) on any Model CL-600-2B19 airplane.
    (2) As of the effective date of this AD, no person may install 
an HSTA, P/N 601R92305-5 (vendor P/N 8396-4) having S/N 287, 724, 
813, 841, 998, 1031, 1035, 1049, 1053, 1067, 1068, 1136, 1252, 1268, 
1303,

[[Page 1511]]

1319, 1338, 1354, 1374, 1378, 1445, 1470, 1498, 1513, 1546, 1632, 
1736, 1766, 1846, 1849, 2002 through 2009 inclusive, 2011, 2013 
through 2016 inclusive, 2019, 2020, or 2022, on any Model CL-600-
2B19 airplane.
    (3) As of the effective date of this AD: It is acceptable to 
replace an HSTA P/N 601R92305-1 (vendor P/N 8396-2), P/N 601R92305-3 
(vendor P/N 8396-3), or P/N 601R92305-5 (vendor P/N 8396-4) with an 
HSTA having P/N 601R92305-5 (vendor P/N 8396-4) that is not 
identified in paragraph (l)(2) of this AD, provided the actions 
required by paragraph (j)(2) of this AD are accomplished within the 
compliance time specified in that paragraph.

(m) 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, 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.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2013-14, dated June 4, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-1049-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (o)(3) and (o)(4) of this AD.

(o) 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-27-161, Revision A, dated 
January 30, 2014.
    (ii) Supplement 23, ``Horizontal Stabilizer Trim Check,'' of 
Chapter 7 ``Supplements,'' of Bombardier CL-600-2B19 Airplane Flight 
Manual CSP A-012, Volume 3, Revision 61, dated April 2, 2013.
    (iii) Task C27-40-103-04, ``Operational Check (ground 
maintenance test) of the horizontal stabilizer trim control unit,'' 
in Bombardier CL-600-2B19 Temporary Revision 2A-56, dated June 4, 
2012, to Appendix A, Certification Maintenance Requirements, of Part 
2, Airworthiness Requirements, of the Bombardier CL-600-2B19 
Maintenance Requirements Manual.
    (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 December 23, 2015.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-33288 Filed 1-12-16; 8:45 am]
BILLING CODE 4910-13-P