[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Rules and Regulations]
[Pages 67267-67269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26961]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0679; Directorate Identifier 2012-NM-063-AD;
Amendment 39-17246; AD 2012-22-10]
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) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes,
Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-
600-2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by
a report that certain wing-to-fuselage attachment nuts do not conform
to the certification design requirements for dual locking features.
This AD requires repetitive inspections to determine that cotter pins
are installed at affected wing-to-fuselage attachment joints and
replacement if necessary. We are issuing this AD to prevent loss of
wing-to-fuselage attachment joints, which could result in the loss of
the wing.
[[Page 67268]]
DATES: This AD becomes effective December 14, 2012.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 14,
2012.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Jeffrey Zimmer, Aerospace Engineer,
Airframe & Mechanical Systems Branch, ANE-171, New York Aircraft
Certification Office (ACO), FAA, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone (516) 228-7306; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on July 11, 2012 (77 FR
40826). That NPRM proposed to correct an unsafe condition for the
specified products. The Mandatory Continuing Airworthiness Information
(MCAI) states:
The manufacturer has determined that wing-to-fuselage attachment
nuts, part number (P/N) SH670-35635-1, SH670-35440-951, SH670-35440-
3, SH670-35635-1 and 95136D-2412, installed at six attachment joint
locations, do not conform to the certification design requirements
for dual locking features. The nuts are not of the self-locking type
as required and do not provide the frictional thread interference
required to prevent the nut from backing off the bolt. As a result,
only a single locking device, the cotter pin, is provided at these
critical joints. In the case where a nut becomes loose, in
combination with a missing or broken cotter pin, the attachment bolt
at the wing-to-fuselage joint could migrate and fall out. Loss of
two attachment joints could potentially result in the loss of the
wing.
This [Transport Canada Civil Aviation] Airworthiness Directive (AD)
mandates a [repetitive] detailed visual inspection (DVI) of each
affected wing-to-fuselage attachment joint to ensure that a cotter
pin is installed.
The required actions also include replacing any missing cotter pin. You
may obtain further information by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We have considered the comment received.
Request for Credit for Previous Actions
Mesa Airlines requested that paragraph (i) of the NPRM (77 FR
40826, July 11, 2012), regarding credit for the previous actions, be
revised to include credit for Bombardier Maintenance Review Board
Report 57-10-305, Task 000-53-170-501, Detailed Inspection of the Wing-
to-Fuselage Attachment Fittings--FS708.00, FS752.00, and FS797.00 at
LBL45.0 and RBL45.0, as compliance for the initial inspection specified
in paragraph (g) of the NPRM.
We disagree with the request to give credit for the initial
inspection by accomplishing the task specified by the commenter. The
intent of this AD is to ensure cotter pin installation, and while Task
000-53-170-501 inspects for corrosion and general condition of the wing
attachment fittings, it does not specify inspecting the cotter pins.
Therefore, the cotter pins could be missed during the inspection in
Task 000-53-170-501. We have not changed the AD in this regard.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
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 (77 FR 40826, July 11, 2012) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 40826, July 11, 2012).
Costs of Compliance
We estimate that this AD will affect 366 products of U.S. registry.
We also estimate that it will take about 5 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $155,550, or $425 per product.
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD. We
have no way of determining the number of products that may need these
actions.
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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
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 the NPRM (77 FR 40826, July 11, 2012),
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.
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,
[[Page 67269]]
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 AD:
2012-22-10 Bombardier, Inc.: Amendment 39-17246. Docket No. FAA-
2012-0679; Directorate Identifier 2012-NM-063-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective December 14,
2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc. Model CL-600-2C10 (Regional
Jet Series 700, 701, & 702) airplanes, serial numbers 10002 through
10999 inclusive; Model CL-600-2D15 (Regional Jet Series 705) and CL-
600-2D24 (Regional Jet Series 900) airplanes, serial numbers 15001
through 15990 inclusive; and Model CL-600-2E25 (Regional Jet Series
1000) airplanes, serial numbers 19001 through 19990 inclusive;
certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report that certain wing-to-fuselage
attachment nuts do not conform to the certification design
requirements for dual locking features. We are issuing this AD to
prevent loss of wing-to-fuselage attachment joints, which could
result in the loss of the wing.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Repetitive Detailed Inspection
Within 3,000 flight hours or 18 months after the effective date
of this AD, whichever occurs first: Perform a detailed inspection of
each affected wing-to-fuselage attachment joint, in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin
670BA-53-042, Revision A, dated April 27, 2012. Repeat the
inspection thereafter at intervals not to exceed 6,600 flight hours.
Note 1 to paragraph (g) of this AD: The compliance time in this
AD differs from the recommended compliance time specified in
Bombardier Service Bulletin 670BA-53-042, Revision A, dated April
27, 2012.
(h) Corrective Action
If any cotter pin is found missing during any inspection
required by paragraph (g) of this AD: Before further flight, replace
any missing cotter pin using a method approved by either the
Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA;
or Transport Canada Civil Aviation (or its delegated agent).
(i) Credit for Previous Actions
This paragraph provides credit for the 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-
53-042, dated December 21, 2011, which is not incorporated by
reference in this AD.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York 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 manager of 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.
(k) Related Information
(1) Refer to MCAI Canadian Airworthiness Directive CF-2012-10,
dated March 12, 2012; and Bombardier Service Bulletin 670BA-53-042,
Revision A, dated April 27, 2012; for related information.
(2) For Bombardier 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.
(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 the AD specifies otherwise.
(i) Bombardier Service Bulletin 670BA-53-042, Revision A, dated
April 27, 2012.
(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; telephone 514-855-5000; fax 514-855-
7401; email [email protected]; Internet http://www.bombardier.com.
(4) You may review copies of the 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 October 24, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-26961 Filed 11-8-12; 8:45 am]
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