[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Proposed Rules]
[Pages 21503-21506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08250]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5463; Directorate Identifier 2016-NM-013-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 
701, & 702), Model CL-600-2D15 (Regional Jet Series 705), Model CL-600-
2D24 (Regional Jet Series 900), and Model CL-600-2E25 (Regional Jet 
Series 1000) airplanes. This proposed AD was prompted by reports of 
corrosion found on the slat and flap torque tubes in the

[[Page 21504]]

slat and flap control system. This proposed AD would require 
replacement of the slat and flap torque tubes in the slat and flap 
control system. We are proposing this AD to prevent rupture of a 
corroded slat or flap torque tube. This condition could result in an 
inoperative slat or flap system and consequent reduced controllability 
of the airplane.

DATES: We must receive comments on this proposed AD by May 27, 2016.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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.

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-2016-
5463; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone: 516-228-7318; fax: 516-794-5531.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-5463; 
Directorate Identifier 2016-NM-013-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2016-03R1, dated 
February 18, 2016 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet 
Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet Series 705), 
Model CL-600-2D24 (Regional Jet Series 900), and Model CL-600-2E25 
(Regional Jet Series 1000) airplanes. The MCAI states:

    There have been a number of reports of corrosion found on the 
torque tubes in the slat and flap control system. Investigation 
revealed that the current design of the flap and slat torque tubes 
do not have proper corrosion protection and are not entirely sealed 
which leads to moisture ingress and internal corrosion. A corroded 
tube may rupture resulting in an inoperative slat or flap system, or 
in a worst case scenario, could result in reduced controllability of 
the aeroplane. This [Canadian] AD mandates the replacement of 
affected slat and flap system torque tubes with [new or] modified 
torque tubes.
    This [Canadian] AD was revised to add the statement that 
accomplishment of the initial Service Bulletin (SB) 670BA-27-067, 
dated 15 January 2015 also meets the requirements of this AD and to 
correct the editorial error for the release date of SB 670BA-27-067, 
Revision A.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5463.

Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier Service Bulletin 670BA-27-067, Revision A, 
dated February 23, 2015. This service information describes procedures 
for replacement of the slat and flap torque tubes in the slat and flap 
control system. 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.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 509 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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Replacement of the slat and flap      34 work-hours x $85 per        $105,000         $107,890      $54,916,010
 torque tubes.                         hour = $2,890.
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    According to the parts manufacturer, some of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. We do not control warranty coverage for 
affected individuals. As a

[[Page 21505]]

result, we have included all costs in our cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Bombardier, Inc.: Docket No. FAA-2016-5463; Directorate Identifier 
2016-NM-013-AD.

(a) Comments Due Date

    We must receive comments by May 27, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes, certificated in any category, 
identified in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this 
AD.
    (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) 
airplanes, serial numbers 15001 through 15361 inclusive.
    (3) Bombardier, Inc. Model CL-600-2D24 (Regional Jet Series 900) 
airplanes, serial numbers 15001 through 15361 inclusive.
    (4) Bombardier, Inc. Model CL-600-2E25 (Regional Jet Series 
1000) airplanes, serial numbers 19001 through 19041 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of corrosion found on the slat 
and flap torque tubes in the slat and flap control system. We are 
issuing this AD to prevent rupture of a corroded slat or flap torque 
tube. This condition could result in an inoperative slat or flap 
system and consequent reduced controllability of the airplane.

(f) Compliance

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

(g) Replace Slat and Flap Torque Tubes in the Slat and Flap Control 
System

    Within the compliance times specified in paragraph (g)(1), 
(g)(2), or (g)(3) of this AD, as applicable: Replace the slat and 
flap torque tubes in the slat and flap control system with new or 
modified slat and flap torque tubes, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 670BA-27-
067, Revision A, dated February 23, 2015.
    (1) For airplanes that have accumulated 28,000 total flight 
hours or less as of the effective date of this AD, or with 137 
months or less since the date of issuance of the original Canadian 
certificate of airworthiness or date of issuance of the original 
Canadian export certificate of airworthiness as of the effective 
date of this AD: Before the accumulation of 34,000 total flight 
hours or within 167 months since the date of issuance of the 
original Canadian certificate of airworthiness or date of issuance 
of the original Canadian export certificate of airworthiness, 
whichever occurs first.
    (2) For airplanes that have accumulated more than 28,000 total 
flight hours but not more than 36,000 total flight hours as of the 
effective date of this AD, and with more than 137 months but not 
more than 176 months since the date of issuance of the original 
Canadian certificate of airworthiness or date of issuance of the 
original Canadian export certificate of airworthiness as of the 
effective date of this AD: At the earlier of the times specified in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this AD.
    (i) Within 6,000 flight hours or 30 months, whichever occurs 
first, after the effective date of this AD.
    (ii) Before the accumulation of 38,000 total flight hours, or 
within 186 months since the date of issuance of the original 
Canadian certificate of airworthiness or date of issuance of the 
original Canadian export certificate of airworthiness, whichever 
occurs first.
    (3) For airplanes that have accumulated more than 36,000 total 
flight hours as of the effective date of this AD, or with more than 
176 months since the date of issuance of the original Canadian 
certificate of airworthiness or date of issuance of the original 
Canadian export certificate of airworthiness as of the effective 
date of this AD: Within 2,000 flight hours or 10 months, whichever 
occurs first, after the effective date of this AD.

(h) 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 Bombardier Service Bulletin 670BA-27-067, 
dated January 15, 2015, which is not incorporated by reference in 
this AD.

(i) 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

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

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2016-03R1, dated February 18, 2016, for 
related information. This MCAI may be found in the AD docket on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2016-5463.
    (2) For service information identified in this AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone: 514-855-5000; fax: 514-
855-7401; email: [email protected]; Internet: http://www.bombardier.com. You may view this service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221.

    Issued in Renton, Washington, on March 31, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-08250 Filed 4-11-16; 8:45 am]
 BILLING CODE 4910-13-P