[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48521-48524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20350]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / 
Rules and Regulations  

[[Page 48521]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0399; Product Identifier 2018-NM-008-AD; Amendment 
39-19412; AD 2018-19-12]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding Airworthiness Directive (AD) 2015-17-04, 
which applied to certain Bombardier, Inc., Model CL-600-2C10 (Regional 
Jet Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet Series 
705), and Model CL-600-2D24 (Regional Jet Series 900) airplanes. AD 
2015-17-04 required replacement of left and right fixed control rods 
and lever assemblies of the elevator control system. This AD adds a 
detailed visual inspection of the key washers and self-locking nuts of 
the elevator control linkages and corrective actions if necessary. This 
AD was prompted by reports of a disconnect between the elevator lever 
and control rod and a report indicating that certain revisions of the 
service information were missing instructions for proper installation 
of certain key washers. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective October 31, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 31, 
2018.

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 phone: 1-866-538-1247 or direct-dial phone: 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 Standards Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2018-0399.

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-2018-
0399; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, 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 Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516-228-7318; 
fax: 516-794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2015-17-04, Amendment 39-18237 (80 FR 50556, 
August 20, 2015) (``AD 2015-17-04''). AD 2015-17-04 applied to certain 
Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 700, 701, & 
702), Model CL-600-2D15 (Regional Jet Series 705), and Model CL-600-
2D24 (Regional Jet Series 900) airplanes. The NPRM published in the 
Federal Register on May 11, 2018 (83 FR 21966). The NPRM was prompted 
by reports of a disconnect between the elevator lever and control rod 
and a report indicating that certain revisions of the service 
information were missing instructions for proper installation of the 
key washers having part number BA698-93726-3. The NPRM proposed to 
continue to require replacement of left and right fixed control rods 
and lever assemblies of the elevator control system. The NPRM also 
proposed to require a detailed visual inspection of the key washers and 
self-locking nuts of the elevator control linkages and corrective 
actions if necessary. We are issuing this AD to prevent a disconnect 
between the elevator lever and control rod, which could lead to 
uncommanded elevator movement of the associated control surface, a 
large difference between the position of the left and the right 
elevator control surfaces, and consequent reduced controllability of 
the airplane and degradation of the structural integrity of the 
horizontal stabilizer.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2014-44R1, dated 
October 6, 2017 (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), 
and Model CL-600-2D24 (Regional Jet Series 900) airplanes. The MCAI 
states:

    During an engineering review of the Elevator Control system, it 
was discovered that a disconnect between the elevator lever and 
control rod could lead to an uncommanded elevator movement of the 
associated control surface. This uncommanded movement may cause a 
large difference between the position of the left and the right 
elevator control surface resulting in reduced controllability of the 
aeroplane and compromised structural integrity of the horizontal 
stabilizer.
    This [Canadian] AD mandates the replacement of the existing 
elevator lever assemblies and control rods with newly designed ones, 
which will prevent a disconnect between the components of the 
elevator control system should a failure occur.
    Revision 1 of this [Canadian] AD is issued to require operators, 
* * * [regardless of previously accomplished actions], to perform a 
detailed visual inspection for the correct installation of the tab 
key washers and to re-torque the nut(s) [and corrective actions that 
include bending one tab of the key washer on a flat surface of the 
self-locking nut] if the tab key washer(s) does not have one tab 
bent on a flat surface of the self-locking nut.


[[Page 48522]]


    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-2018-
0399.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment. The Air Line Pilots 
Association, International (ALPA) reviewed and expressed support for 
the NPRM.

Request To Clarify Required Actions in Paragraph (h) of the Proposed AD

    Endeavor Air and SkyWest Airlines requested that we clarify 
paragraph (h) of the proposed AD to specify Part B of the 
Accomplishment Instructions of Bombardier Service Bulletin 670BA-27-
062, Revision E, dated June 8, 2017. The commenters pointed out that 
the Accomplishment Instructions are divided into two parts, Part A and 
Part B. The commenters also mentioned that Part A of the Accomplishment 
Instructions contains modification procedures (specified in paragraph 
(g) of the proposed AD) and Part B contains inspection requirements 
(specified in paragraph (h) of the proposed AD).
    We agree to clarify as suggested by the commenter and have revised 
paragraphs (g) and (h) of this AD accordingly.

Request To Clarify Credit for Actions Accomplished Using Bombardier 
Service Non-Incorporated Engineering Order (SNIEO)

    Endeavor Air requested that we clarify paragraph (i)(2) of the 
proposed AD to state that Bombardier SNIEO KBA670-93707 S02, dated July 
21, 2015, can be accomplished concurrently or subsequently with the 
service information specified in paragraph (i)(2)(i) or (i)(2)(ii) of 
the proposed AD. The commenter pointed out that the level of safety is 
equivalent if the actions specified in Bombardier SNIEO KBA670-93707 
S02, dated July 21, 2015, are accomplished subsequently to the actions 
specified in the service information specified in paragraph (i)(2)(i) 
or (i)(2)(ii) of the proposed AD.
    We agree with the commenter for the reasons provided and have 
revised paragraph (i)(2) of this AD accordingly.

Request To Provide Credit for Actions Previously Accomplished

    Endeavor Air requested that we provide credit for accomplishing the 
actions specified in paragraph (h) of the proposed AD prior to the 
effective date of this AD in accordance with Part B of the 
Accomplishment Instructions of Bombardier Service Bulletin 670BA-27-
062, Revision E, dated June 8, 2017.
    We acknowledge the commenter's requests and agree to clarify. 
Paragraph (f) of this AD states to accomplish the required actions 
within the compliance times specified, ``unless already done.'' 
Therefore, if operators have accomplished the actions required for 
compliance with this AD before the effective date of this AD, no 
further action is necessary. We have not revised this AD in this 
regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule 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 for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued Service Bulletin 670BA-27-062, 
Revision E, dated June 8, 2017. This service information describes 
procedures for replacing the elevator lever assemblies and control 
rods, and a detailed visual inspection of the key washers and self-
locking nuts of the elevator control linkages and corrective actions, 
which include bending the tab of the key washers and re-torqueing the 
self-locking nuts.
    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 549 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 fixed control rods and   14 work-hours x $85 per           $6,712          $7,902      $4,338,198
 lever assemblies (retained actions      hour = $1,190.
 from AD 2015-17-04).
Detailed visual inspection of the key   3 work-hours x $85 per                 0             255         139,995
 washers and self-locking nuts (new      hour = $255.
 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

[[Page 48523]]

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 removing Airworthiness Directive (AD) 
2015-17-04, Amendment 39-18237 (80 FR 50556, August 20, 2015), and 
adding the following new AD:

2018-19-12 Bombardier, Inc.: Amendment 39-19412; Docket No. FAA-
2018-0399; Product Identifier 2018-NM-008-AD.

(a) Effective Date

    This AD is effective October 31, 2018.

(b) Affected ADs

    This AD replaces AD 2015-17-04, Amendment 39-18237 (80 FR 50556, 
August 20, 2015) (``AD 2015-17-04'').

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) 
and (c)(2) of this AD, certificated in any category.
    (1) Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 
700, 701, & 702) airplanes, serial numbers 10002 through 10337 
inclusive.
    (2) Bombardier, Inc., Model CL-600-2D15 (Regional Jet Series 
705) airplanes and Model CL-600-2D24 (Regional Jet Series 900) 
airplanes, serial numbers 15001 through 15298 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of a disconnect between the 
elevator lever and control rod and a report indicating that certain 
revisions of the service information were missing instructions for 
proper installation of the key washers having part number BA698-
93726-3. We are issuing this AD to prevent a disconnect between the 
elevator lever and control rod, which could lead to uncommanded 
elevator movement of the associated control surface, a large 
difference between the position of the left and the right elevator 
control surfaces, and consequent reduced controllability of the 
airplane and degradation of the structural integrity of the 
horizontal stabilizer.

(f) Compliance

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

(g) Retained Replacement of Elevator Lever Assemblies and Control Rods, 
With Revised Service Information

    This paragraph restates the requirements of paragraph (g) of AD 
2015-17-04, with revised service information. Within 9,200 flight 
hours or 5 years, whichever occurs first, after September 24, 2015 
(the effective date of AD 2015-17-04): Replace the left and right 
fixed control rods and lever assemblies of the elevator control 
system with newly designed control rods and lever assemblies, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 670BA-27-062, Revision C, dated February 13, 2015; 
or Part A of the Accomplishment Instructions of Bombardier Service 
Bulletin 670BA-27-062, Revision E, dated June 8, 2017. After the 
effective date of this AD, only Part A of the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-27-062, Revision 
E, dated June 8, 2017, may be used.

(h) New Requirement of This AD: Detailed Visual Inspection and 
Corrective Actions

    Within 8,800 flight hours after the effective date of this AD, 
do a detailed visual inspection of the key washers and self-locking 
nuts of the elevator control linkages, and do all applicable 
corrective actions, in accordance with Part B of the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-27-062, Revision 
E, dated June 8, 2017. Do all applicable corrective actions before 
further flight.

(i) Credit for Previous Actions

    (1) 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-
27-062, dated December 12, 2013; Bombardier Service Bulletin 670BA-
27-062, Revision A, dated April 1, 2014; Bombardier Service Bulletin 
670BA-27-062, Revision B, dated October 10, 2014; or Bombardier 
Service Bulletin 670BA-27-062, Revision D, dated December 1, 2015. 
This service information is not incorporated by reference in this 
AD.
    (2) This paragraph provides credit for actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using the service information specified in 
paragraph (i)(2)(i) or (i)(2)(ii) of this AD, provided Bombardier 
Service Non-Incorporated Engineering Order (SNIEO) KBA670-93707 S02, 
dated July 21, 2015, was done concurrently with or subsequently to 
the service information specified in paragraph (i)(2)(i) or 
(i)(2)(ii) of this AD.
    (i) Bombardier Service Bulletin 670BA-27-062, dated December 12, 
2013; Bombardier Service Bulletin 670BA-27-062, Revision A, dated 
April 1, 2014; or Bombardier Service Bulletin 670BA-27-062, Revision 
B, dated October 10, 2014. This service information is not 
incorporated by reference in this AD.
    (ii) Bombardier Service Bulletin 670BA-27-062, Revision C, dated 
February 13, 2015. This service information was previously 
incorporated by reference in AD 2015-17-04.
    (3) This paragraph provides credit for actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Bombardier Service Bulletin 670BA-
27-062, Revision D, dated December 1, 2015. This service information 
is not incorporated by reference in this AD.

(j) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO Branch, 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 manager of the certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 516-228-7300; fax: 516-794-5531.
    (i) 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.
    (ii) AMOCs approved previously for AD 2015-17-04, are approved 
as AMOCs for the corresponding provisions of 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 
Branch, 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 AD CF-2014-44R1, dated October 6, 2017, for related 
information. This MCAI may be

[[Page 48524]]

found in the AD docket on the internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2018-0399.
    (2) For more information about this AD, contact Cesar Gomez, 
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; phone: 516-228-7318; fax: 516-794-5531.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(4) and (l)(5) 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.
    (3) The following service information was approved for IBR on 
October 31, 2018.
    (i) Bombardier Service Bulletin 670BA-27-062, Revision E, dated 
June 8, 2017.
    (ii) Reserved.
    (4) For Bombardier, Inc. 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 phone: 1-866-538-1247 or direct-dial 
phone: 1-514-855-2999; fax: 514-855-7401; email: 
[email protected]; internet: http://www.bombardier.com.
    (5) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (6) 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:

    Issued in Des Moines, Washington, on September 7, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-20350 Filed 9-25-18; 8:45 am]
 BILLING CODE 4910-13-P