Federal Register, Volume 76 Issue 196 (Tuesday, October 11, 2011)

[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Proposed Rules]
[Pages 62669-62671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26111]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1064; Directorate Identifier 2011-NM-075-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model BD-100-1A10
(Challenger 300) 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 the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

DATES: We must receive comments on this proposed AD by November 25,
2011.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed 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; e-mail
thd.crj@aero.bombardier.com; Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. 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; or in person at the Docket Operations office
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, 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-2011-1064;
Directorate Identifier 2011-NM-075-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

The Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-05, dated March 24, 2011 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

It was discovered that the Horizontal Stabilizer Trim Actuator
(HSTA) No Back and the Number 1 Motor Brake Assembly (MBA) can both
fail dormant. A failure of the HSTA No Back and the Brake System
along with additional component failure could result in an
uncontrollable horizontal stabilizer surface runaway without the
ability to retrim. This condition, if not corrected, could lead to
the loss of the aeroplane.
As a result, new Airworthiness Limitation Tasks, consisting of a
functional test of the HSTA No Back and a functional test of the
HSTA Brake System, have been introduced to ensure that a dormant
failure of either component is detected and corrected.
This [TCCA] directive mandates the revision of the approved
maintenance schedule to include these new tasks, including phase-in
schedules.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

Bombardier, Inc. has issued Temporary Revision 5-2-59, dated
November 25, 2010, to Section 5-10-40, ``Certification Maintenance
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Challenger 300 BD-100 Time Limits/Maintenance Checks Manual.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

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 the same
type design.

[[Page 62670]]

Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

Based on the service information, we estimate that this proposed AD
would affect about 76 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $6,460, or $85 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 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); and
3. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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

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]

2. The FAA amends Sec. 39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2011-1064; Directorate Identifier
2011-NM-075-AD.

Comments Due Date

(a) We must receive comments by November 25, 2011.

Affected ADs

(b) None.

Applicability

Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these tasks is required by 14 CFR 91.403(c). For airplanes that have
been previously modified, altered, or repaired in the areas
addressed by these inspections, the operator may not be able to
accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (j) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

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

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:
It was discovered that the Horizontal Stabilizer Trim Actuator
(HSTA) No Back and the Number 1 Motor Brake Assembly (MBA) can both
fail dormant. A failure of the HSTA No Back and the Brake System
along with additional component failure could result in an
uncontrollable horizontal stabilizer surface runaway without the
ability to retrim. This condition, if not corrected, could lead to
the loss of the aeroplane.
* * * * *

Compliance

(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

(g) Within 30 days the effective date of this AD: Revise the
maintenance program by incorporating Task 27-40-00-107, ``Horizontal
Stabilizer Trim Actuator (HSTA) No Back,'' in accordance with
Bombardier Temporary Revision 5-2-59, dated November 25, 2010, to
Section 5-10-40, ``Certification Maintenance Requirements,'' of Part
2, ``Airworthiness Limitations,'' of the Bombardier Challenger 300
BD-100 Time Limits/Maintenance Checks Manual. For this task, the
initial compliance time starts at the applicable time specified in
paragraph (g)(1) or (g)(2) of this AD.
(1) For HSTAs with 2,600 or fewer total flight hours on the HSTA
as of the effective date of this AD: Prior to the accumulation of
3,000 total flight hours on the HSTA.
(2) For HSTAs with more than 2,600 total flight hours on the
HSTA as of the effective date of this AD: Within 400 flight hours or
6 months after the effective date of this AD, whichever occurs
first.
(h) Within 30 days after the effective date of this AD,
whichever occurs later: Revise the maintenance program by
incorporating Task 27-41-05-105, ``Functional Test of the Horizontal
Stabilizer Trim Actuator (HSTA) Brake System,'' in accordance with
Bombardier Temporary Revision 5-2-59, dated November 25, 2010, to
Section 5-10-40, ``Certification Maintenance Requirements,'' of Part
2, ``Airworthiness Limitations,'' of the Bombardier Challenger 300
BD-100 Time Limits/Maintenance Checks Manual. For this task, the
initial compliance time starts at the applicable time specified in
paragraph (h)(1) or (h)(2) of this AD.
(1) For airplanes with 400 or fewer total flight hours as of the
effective date of this AD: Prior to the accumulation of 800 total
flight hours.
(2) For airplanes with more than 400 total flight hours as of
the effective date of this AD: Within 400 flight hours or 12 months
after the effective date of this AD, whichever occurs first.

Note 2: The maintenance program revision required by paragraphs
(g) and (h) of this AD may be done by inserting a copy of Bombardier
TR 5-2-59, dated November 25, 2010, into Section 5-10-40,
``Certification Maintenance Requirements,'' of Part 2,

[[Page 62671]]

``Airworthiness Limitations,'' of the Bombardier Challenger 300 BD-
100 Time Limits/Maintenance Checks Manual. When this TR has been
included in the general revisions of Section 5-10-40,
``Certification Maintenance Requirements,'' of Part 2,
``Airworthiness Limitations,'' of the Bombardier Challenger 300 BD-
100 Time Limits/Maintenance Checks Manual, the general revisions may
be inserted in Section 5-10-40, ``Certification Maintenance
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Challenger 300 BD-100 Time Limits/Maintenance Checks
Manual, provided that the relevant information in the general
revision is identical to that in Bombardier TR 5-2-59, dated
November 25, 2010, to Section 5-10-40, ``Certification Maintenance
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Challenger 300 BD-100 Time Limits/Maintenance Checks
Manual.

No Alternative Actions or Intervals

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

FAA AD Differences

Note 3: This AD differs from the MCAI and/or service information
as follows:
No differences.

Other FAA AD Provisions

(j) 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, New York 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) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

(k) Refer to MCAI Transport Canada Civil Aviation (TCCA)
Airworthiness Directive CF-2011-05, dated March 24, 2011; and
Bombardier Temporary Revision 5-2-59, dated November 25, 2010, to
Section 5-10-40, ``Certification Maintenance Requirements,'' of Part
2, ``Airworthiness Limitations,'' of the Bombardier Challenger 300
BD-100 Time Limits/Maintenance Checks Manual; for related
information.

Issued in Renton, Washington, on September 30, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-26111 Filed 10-7-11; 8:45 am]
BILLING CODE 4910-13-P