[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Rules and Regulations]
[Pages 49876-49878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17863]


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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; 
Amendment 39-18598; AD 2016-15-07]
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), 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 AD was prompted by reports of corrosion found on 
the slat and flap torque tubes in the slat and flap control system. 
This AD requires replacement of 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.

DATES: This AD is effective September 2, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 2, 
2016.

ADDRESSES: 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; Widebody Customer Response Center North 
America toll-free telephone: 1-866-538-1247 or direct-dial telephone: 
1-514-855-2999; 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-2016-5463.

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 AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone: 
800-647-5527) is 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 20590.

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-600-2C10 (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

[[Page 49877]]

1000) airplanes. The NPRM published in the Federal Register on April 
12, 2016 (81 FR 21503) (``the NPRM''). The NPRM was prompted by reports 
of corrosion found on the slat and flap torque tubes in the slat and 
flap control system. The NPRM proposed to require replacement of 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.
    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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. The commenter supported 
the NPRM.

Conclusion

    We reviewed the relevant data, considered the comment 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 for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

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.

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Replacement of the slat and flap      34 work-hours x $85 per        $105,000         $107,890      $54,916,010
 torque tubes.                         hour = $2,890.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this 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 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 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):

2016-15-07 Bombardier, Inc.: Amendment 39-18598; Docket No. FAA-
2016-5463; Directorate Identifier 2016-NM-013-AD.

[[Page 49878]]

(a) Effective Date

    This AD is effective September 2, 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 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 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 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.

(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 (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) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (k)(4) of this AD.

(k) 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-27-067, Revision A, dated 
February 23, 2015.
    (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; Widebody Customer Response Center 
North America toll-free telephone: 1-866-538-1247 or direct-dial 
telephone: 1-514-855-2999; 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 21, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-17863 Filed 7-28-16; 8:45 am]
 BILLING CODE 4910-13-P