[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Proposed Rules]
[Pages 43322-43325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17550]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0483; Directorate Identifier 2014-NM-082-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 supersede Airworthiness Directive (AD) 2013-16-
08 for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series
700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705)
airplanes, and Model CL-600-2D24 (Regional Jet Series 900) airplanes.
Since we issued AD 2013-16-08, we have determined that a certain part
was incorrectly identified in a certain section of that AD. This
proposed AD would continue to require inspection of the MLG retraction
actuator components; corrective actions if necessary; and, for certain
retraction actuators, installation of a new jam nut. We are proposing
this AD to prevent disconnection of the MLG retraction actuator, which
could result in extension of the MLG without damping, and consequent
structural damage and collapse of the MLG during landing.
DATES: We must receive comments on this proposed AD by September 8,
2014.
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 Bombardier 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; email [email protected]; Internet http://www.bombardier.com.
For Goodrich service information identified in this proposed AD,
contact Goodrich Corporation, Landing Gear, 1400 South Service Road,
West Oakville L6L 5Y7, Ontario, Canada; telephone 905-825-1568; email
[email protected]; Internet http://www.goodrich.com/TechPubs.
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-2014-
0483; 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, 1600 Stewart Avenue, Suite 410, Westbury, NY
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-2014-0483;
Directorate Identifier 2014-NM-082-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
[[Page 43323]]
personal information you provide. We will also post a report
summarizing each substantive verbal contact we receive about this
proposed AD.
Discussion
On July 31, 2013, we issued AD 2013-16-08, Amendment 39-17546 (78
FR 51055, August 20, 2013). AD 2013-16-08 requires actions intended to
address an unsafe condition on certain Bombardier, Inc. Model CL-600-
2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15
(Regional Jet Series 705) airplanes, and Model CL-600-2D24 (Regional
Jet Series 900) airplanes.
Since we issued AD 2013-16-08, Amendment 39-17546 (78 FR 51055,
August 20, 2013), we have determined that the MLG dressed shock strut
was incorrectly identified as an MLG retraction actuator assembly in
paragraph (k)(2) of the ``Parts Installation Limitations'' section in
AD 2013-16-08. We have revised paragraph (k)(2) of this proposed AD
accordingly.
In addition, we corrected a typographical error in the service
bulletin number specified in paragraph (j)(1)(iii) of AD 2013-16-08,
Amendment 39-17546 (78 FR 51055, August 20, 2013), under ``Credit for
Previous Actions.'' Bombardier Service Bulletin ``769BA-32-031'' was
changed to Bombardier Service Bulletin ``670BA-32-031.''
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.
``Contacting the Manufacturer'' Paragraph in This Proposed AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 2013), we proposed to prevent the use of repairs
that were not specifically developed to correct the unsafe condition,
by requiring that the repair approval provided by the State of Design
Authority or its delegated agent specifically refer to the FAA AD. This
change was intended to clarify the method of compliance and to provide
operators with better visibility of repairs that are specifically
developed and approved to correct the unsafe condition. In addition, we
proposed to change the phrase ``its delegated agent'' to include a
design approval holder (DAH) with State of Design Authority design
organization approval (DOA), as applicable, to refer to a DAH
authorized to approve required repairs for the proposed AD.
One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The
proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed during accomplishment of an AD
mandated Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this proposed AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the FAA, Transport Canada Civil Aviation (TCCA), or
Bombardier's TCCA Design Approval Organization (DAO).
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DAO, the approval must include the DAO-authorized
signature. The DAO signature indicates that the data and information
contained in the document are TCCA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DAO-authorized signature approval are not TCCA-
approved, unless TCCA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
Costs of Compliance
We estimate that this proposed AD affects 391 airplanes of U.S.
registry.
The actions that were required by AD 2013-16-08, Amendment 39-17546
(78 FR 51055, August 20, 2013), that are retained in this proposed AD
take up to 16 work-hours per product, at an average labor rate of $85
per work-hour. Required parts cost about $1,018 per product. Based on
these figures, the estimated cost of the actions that are required by
AD 2013-16-08 is $2,378 per product.
The new requirements of this AD add no additional economic burden.
According to the 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 result, we have included all costs in our cost
estimate.
[[Page 43324]]
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 removing Airworthiness Directive (AD)
2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 2013), and
adding the following new AD:
Bombardier, Inc.: Docket No. FAA-2014-0483; Directorate Identifier
2014-NM-082-AD.
(a) Comments Due Date
We must receive comments by September 8, 2014.
(b) Affected ADs
This AD replaces AD 2013-16-08, Amendment 39-17546 (78 FR 51055,
August 20, 2013).
(c) Applicability
This AD applies to the airplanes specified 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 and subsequent.
(2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705)
and CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers
15001 and subsequent.
(d) Subject
Air Transport Association (ATA) of America Code 32: Landing
Gear.
(e) Reason
This AD was prompted by a report of corrosion of the components
of the main landing gear (MLG) retraction actuator found in service;
the corrosion was found at the interface of the rod end and the
piston, and at the bracket and related pins. We are issuing this AD
to prevent disconnection of the MLG retraction actuator, which could
result in extension of the MLG without damping, and consequent
structural damage and collapse of the MLG during landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Inspection of the MLG Retraction Actuator and Corrective
Actions With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 2013), with
no changes. For any airplane with an MLG retraction actuator
assembly having any part number and serial number identified in
paragraph 1.A., Effectivity, of Bombardier Service Bulletin 670BA-
32-031, Revision C, dated April 17, 2012, except airplanes on which
modification status ``32-64'' is marked on the identification plate:
At the applicable time specified in paragraph (g)(1) or (g)(2) of
this AD, perform a detailed inspection of the retraction actuator
assembly for evidence of corrosion and security of the jam nut, as
applicable, in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012; and Goodrich Service Bulletin 49600-32-63
R1, dated May 17, 2011. If any corrosion or unsecured jam nut is
found, before further flight, replace the retract actuator with a
new or serviceable retract actuator; and install the retract
actuator in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012. Repeat the inspection thereafter at
intervals not to exceed 1,200 flight hours or 12 months, whichever
occurs first.
(1) For MLG retraction actuator assemblies on which, as of
September 24, 2013 (the effective date of AD 2013-16-08, Amendment
39-17546 (78 FR 51055, August 20, 2013)), 8,000 or more total flight
hours have accumulated since new or since overhaul, or that have
been in service for more than 4 years since new or since overhaul:
Inspect within 1,200 flight hours or 12 months after September 24,
2013, whichever occurs first.
(2) For MLG retraction actuator assemblies on which, as of
September 24, 2013 (the effective date of AD 2013-16-08, Amendment
39-17546 (78 FR 51055, August 20, 2013)), less than 8,000 total
flight hours have accumulated since new or since overhaul, and that
have been in service for 4 years or less since new or since
overhaul: Inspect before the accumulation of 9,200 total flight
hours on the MLG retraction actuator assembly since new or since
overhaul or within 5 years in service since new or since overhaul,
whichever occurs first.
(h) Retained Inspection of MLG Retraction Actuator Bracket and Related
Pins, and Corrective Actions With No Changes
This paragraph restates the requirements of paragraph (h) of AD
2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 2013), with
no changes. For any airplane with an MLG dressed shock strut having
any part number and serial number identified in paragraph 1.A.,
Effectivity, of Bombardier Service Bulletin 670BA-32-033, Revision
B, dated June 26, 2012: Within 4,400 flight hours or 24 months after
September 24, 2013 (the effective date of AD 2013-16-08), whichever
occurs first, perform a detailed inspection of the retract actuator
bracket assembly, associated pins, and the mating lugs on the outer
cylinder for evidence of corrosion, in accordance with Bombardier
Service Bulletin 670BA-32-033, Revision B, dated June 26, 2012; and
Goodrich Service Bulletin 49000-32-46 R2, dated November 11, 2011.
Do all applicable corrective actions before further flight (i.e.,
replace retract actuator bracket assembly and pins, or outer
cylinder lugs, as applicable).
(i) Retained Installation of New Jam Nut With No Changes
This paragraph restates the requirements of paragraph (i) of AD
2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 2013), with
no changes. For any airplane with an MLG retraction actuator
assembly having any part number and serial number identified in
paragraph 1.A., Effectivity, of Bombardier Service Bulletin 670BA-
32-031, Revision C, dated April 17, 2012, except airplanes on which
modification status ``32-64'' is marked
[[Page 43325]]
on the identification plate: Within 20,000 flight hours or 10 years
after September 24, 2013 (the effective date of AD 2013-16-08),
whichever occurs first, install a new jam nut having part number
49606-5, in accordance with Part B of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision
C, dated April 17, 2012; and Goodrich Service Bulletin 49600-32-64
R3, dated December 15, 2011.
(j) Retained Credit for Previous Actions With Change to Paragraph
(j)(1)(iii) of This AD
(1) This paragraph restates the credit provided by paragraph
(j)(1) of AD 2013-16-08, Amendment 39-17546 (78 FR 51055, August 20,
2013), with a change to the service information citation in
paragraph (j)(1)(iii) of this AD. This paragraph provides credit for
the actions required by paragraphs (g) and (i) of this AD, if those
actions were performed before September 24, 2013 (the effective date
of AD 2013-16-08), using the service information specified in
paragraph (j)(1)(i), (j)(1)(ii), or (j)(1)(iii) of this AD, which is
not incorporated by reference in this AD.
(i) Bombardier Service Bulletin 670BA-32-031, dated March 14,
2011.
(ii) Bombardier Service Bulletin 670BA-32-031, Revision A, dated
June 9, 2011.
(iii) Bombardier Service Bulletin 670BA-32-031, Revision B,
dated July 29, 2011.
(2) This paragraph restates the credit provided by paragraph
(j)(2) of AD 2013-16-08, Amendment 39-17546 (78 FR 51055, August 20,
2013), with no changes. This paragraph provides credit for the
actions required by paragraph (h) of this AD, if those actions were
performed before September 24, 2013 (the effective date of AD 2013-
16-08), using the service information specified in paragraph
(j)(2)(i) or (j)(2)(ii) of this AD, which is not incorporated by
reference in this AD.
(i) Bombardier Service Bulletin 670BA-32-033, dated March 14,
2011.
(ii) Bombardier Service Bulletin 670BA-32-033, Revision A, dated
July 29, 2011.
(k) Retained Parts Installation Limitations With Change to Paragraph
(k)(2) of This AD
(1) This paragraph restates the parts installation limitation
specified in paragraph (k)(1) of AD 2013-16-08, Amendment 39-17546
(78 FR 51055, August 20, 2013), with no changes. As of September 24,
2013 (the effective date of AD 2013-16-08), no person may install on
any airplane an MLG retraction actuator assembly having any part
number and serial number identified in paragraph 1.A., Effectivity,
of Bombardier Service Bulletin 670BA-32-031, Revision C, dated April
17, 2012, unless that retraction actuator assembly has been
inspected as specified in paragraph (g) of this AD, and all
applicable corrective actions (i.e., replacement of the retract
actuator) specified in paragraph (g) of this AD have been done.
Repeat the inspection specified in paragraph (g) of this AD
thereafter at the intervals specified in paragraph (g) of this AD.
(2) This paragraph restates the parts installation limitation
specified in paragraph (k)(2) of AD 2013-16-08, Amendment 39-17546
(78 FR 51055, August 20, 2013), with a revised part name. As of the
effective date of this AD, no person may install on any airplane an
MLG dressed shock strut having any part number and serial number
identified in paragraph 1.A., Effectivity, of Bombardier Service
Bulletin 670BA-32-033, Revision B, dated June 26, 2012, unless that
retraction actuator assembly has been inspected and all applicable
corrective actions have been done, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
033, Revision B, dated June 26, 2012.
(l) 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, Engine and Propeller Directorate, FAA; or Transport Canada
Civil Aviation (TCCA); or Bombardier's TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.
(m) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2011-36R1, dated October
3, 2012, 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-2014-0483.
(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.
(3) For Goodrich service information identified in this AD,
contact Goodrich Corporation, Landing Gear, 1400 South Service Road,
West Oakville L6L 5Y7, Ontario, Canada; telephone 905-825-1568;
email [email protected]; Internet http://www.goodrich.com/TechPubs.
Issued in Renton, Washington, on July 13, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-17550 Filed 7-24-14; 8:45 am]
BILLING CODE 4910-13-P