[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Rules and Regulations]
[Pages 5017-5020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01171]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0231; Directorate Identifier 2013-NM-163-AD;
Amendment 39-18073; AD 2015-02-06]
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-600-2B16 (CL-604 Variant) airplanes. This AD
was prompted by reports of loose, broken, or backed-out spur gear bolts
on the horizontal stabilizer trim actuator (HSTA). This AD requires a
revision to the airplane flight manual, a revision to the maintenance
or inspection program, as applicable, and replacement of HSTAs having
certain part numbers. We are issuing this AD to detect and correct
loose spur gear bolts on the HSTA, which, if combined with the failure
of the primary load path, could lead to failure of the HSTA and
subsequent loss of the airplane.
DATES: This AD becomes effective March 6, 2015.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 6,
2015.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0231; or in person at the
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.
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. 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.
FOR FURTHER INFORMATION CONTACT: Ricardo Garcia, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-28-7331; 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-600-2B16 (CL-604 Variant) airplanes. The NPRM published in the
Federal Register on April 15, 2014 (79 FR 21158). Transport Canada
Civil Aviation (TCCA), which is the aviation authority for Canada, has
issued Canadian Airworthiness Directive CF-2013-18, dated July 16, 2013
(referred to
[[Page 5018]]
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Bombardier,
Inc. Model CL-600-2B16 (CL-604 Variant) airplanes. The MCAI states:
There have been a number of reports where the HSTA spur gear
bolts were found loose, broken or backed out. Investigation revealed
that the root cause of the bolt loosening is due to incorrect
bending of the anti-rotation tab washer and the improper application
of Loctite glue during installation. Loose bolt(s) on the HSTA spur
gear combined with the failure of the primary load path, could lead
to failure of the HSTA and subsequent loss of the aeroplane.
Bombardier Aerospace has introduced a modified HSTA [part
number] P/N 604-92305-5 (vendor P/N 8454-2) to rectify the loose
bolt problem. However, this modified HSTA has several quality
control problems which could affect safety.
This AD is issued to mandate the replacement of the affected
HSTA with the new HSTA P/N 604-92305-7 (vendor P/N 8454-3).
In addition to requiring the replacement of any HSTA having the
affected part number, this AD requires revising both the airplane
flight manual and airplane maintenance or inspection program.
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0231-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the NPRM (79 FR
21158, April 15, 2014) and the FAA's response to the comment.
Request To Refer to Revised Service Information
Mher Krikorian stated that the current revision of the service
information is not referenced in the NPRM (79 FR 21158, April 15, 2014)
and requested that the NPRM be revised to refer to Bombardier Service
Bulletin 604-27-032, Revision 02, dated April 22, 2014; and Bombardier
Service Bulletin 605-27-002, Revision 02, dated April 22, 2014. Mr.
Krikorian suggested that referring to the current revision of the
service information would help to avoid requests for approval of
alternative methods of compliance.
We agree with the commenter's request and have revised paragraph
(j) of this AD to refer to Bombardier Service Bulletin 604-27-032,
Revision 02, dated April 22, 2014; and Bombardier Service Bulletin 605-
27-002, Revision 02, dated April 22, 2014. The revised service
information includes only minor changes and does not include any
substantive changes or new actions. We also added a new paragraph (k)
to this AD to provide credit for actions accomplished prior to the
effective date of this AD using Bombardier Service Bulletin 604-27-032,
dated September 10, 2012; 604-27-032, Revision 01, dated April 29,
2013; 605-27-002, dated September 10, 2012; or Bombardier Service
Bulletin 605-27-002, Revision 01, April 29, 2013; as applicable. We
redesignated the subsequent paragraphs accordingly.
``Contacting the Manufacturer'' Paragraph in This 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.
We have become 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 AD to obtain corrective actions from a
manufacturer, the actions must be accomplished using a method approved
by the FAA, TCCA, or Bombardier, Inc.'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 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.
We also have decided not to include a generic reference to either
the ``delegated agent'' or ``design approval holder (DAH) with State of
Design Authority design organization approval,'' but instead we have
provided the specific delegation approval granted by the State of
Design Authority for the DAH throughout this AD.
Additional Changes to This AD
We revised paragraph (h) of this AD to require operators to revise
the maintenance or inspection program, as applicable, by incorporating
procedures for an Operational Test (BITE) of the Horizontal Stabilizer
Trim Controls System (HSTCS), in accordance with a method approved by
the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s
TCCA DAO. Bombardier Task 27-41-00-101, Operational Test (BITE) of the
Horizontal Stabilizer Trim Controls System (HSTCS), is referenced as
guidance material in new Note 1 to paragraph (h) of this AD.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD 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 (79 FR 21158, April 15, 2014) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already
[[Page 5019]]
proposed in the NPRM (79 FR 21158, April 15, 2014).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Related Service Information
We reviewed Bombardier Temporary Revision (TR) 604/37, dated May
21, 2013, to the Bombardier Challenger CL-604 Airplane Flight Manual,
PSP 604-1; and Bombardier TR 605/18, dated May 21, 2013, to the
Bombardier Challenger CL-605 Airplane Flight Manual, PSP 605-1. This
service information describes procedures for the stabilizer trim system
check. We also reviewed Bombardier Service Bulletin 604-27-032,
Revision 02, dated April 22, 2014; and Bombardier Service Bulletin 605-
27-002, Revision 02, dated April 22, 2014. This service information
describes procedures for replacing HSTAs. You can find this information
at http://www.regulations.gov by searching for and locating Docket No.
FAA-2014-0231.
Costs of Compliance
We estimate that this AD affects 125 airplanes of U.S. registry.
We also estimate that it will take about 21 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $0 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $223,125, or $1,785 per product.
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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0231; 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 Operations office (telephone 800-647-
5527) is in the ADDRESSES section.
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):
2014-02-06 Bombardier, Inc.: Amendment 39-18073. Docket No. FAA-
2014-0231; Directorate Identifier 2013-NM-163-AD.
(a) Effective Date
This AD becomes effective March 6, 2015.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc. Model CL-600-2B16 (CL-604
Variant) airplanes, certificated in any category, serial numbers
5301 and subsequent, equipped with horizontal stabilizer trim
actuator (HSTA) part number (P/N) 604-92305-3 (vendor P/N 8454-1) or
P/N 604-92305-5 (vendor P/N 8454-2).
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls.
(e) Reason
This AD was prompted by reports of loose, broken, or backed out
spur gear bolts on the horizontal stabilizer trim actuator (HSTA).
We are issuing this AD to detect and correct loose spur gear bolts
on the HSTA, which, if combined with the failure of the primary load
path, could lead to failure of the HSTA and subsequent loss of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Airplane Flight Manual (AFM) Revision
Within 30 days after the effective date of this AD, revise the
Normal Procedures section of the applicable Bombardier AFM to
include the information in the applicable temporary revision (TR)
specified in paragraph (g)(1) or (g)(2) of this AD. The TRs
introduce revised procedures for the stabilizer trim system check.
Operate the airplane according to the limitations and procedures in
the applicable TR. The revision may be done by inserting a copy of
the applicable TR specified in paragraph (g)(1) or (g)(2) of this AD
into the AFM. When the TR has been included in the general revisions
of the AFM, the general revisions may be inserted into the AFM,
provided the relevant information in the general revision is
identical to that in the applicable TR, and the TR may be removed.
(1) Bombardier Temporary Revision (TR) 604/37, dated May 21,
2013, to the Bombardier Challenger CL-604 Airplane Flight Manual,
PSP 604-1.
(2) Bombardier TR 605/18, dated May 21, 2013, to the Bombardier
Challenger CL-605 Airplane Flight Manual, PSP 605-1.
(h) Maintenance or Inspection Program Revision
Within 30 days after the effective date of this AD: Revise the
maintenance or inspection program, as applicable, by incorporating
procedures for an Operational Test (BITE) of the Horizontal
Stabilizer Trim Controls System (HSTCS), in accordance with a method
approved by the Manager, New York Aircraft Certification Office
(ACO),
[[Page 5020]]
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). The
initial compliance time for the operational test is within 100
flight hours after the effective date of this AD.
Note 1 to paragraph (h) of this AD: Bombardier Task 27-41-00-
101, Operational Test (BITE) of the Horizontal Stabilizer Trim
Controls System (HSTCS), provides guidance for the operational test
specified in paragraph (h) of this AD. Bombardier Task 27-41-00-101
is included in the Bombardier Challenger 604 Time Limits/Maintenance
Checks (TLMC) Manual; and in the Bombardier Challenger 605 TLMC
Manual.
(i) No Alternative Actions or Intervals
After the maintenance or inspection program has been revised, as
required by paragraph (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 (m)(1) of
this AD.
(j) HSTA Replacement
For airplanes equipped with a HSTA having P/N 604-92305-3
(vendor P/N 845401) or P/N 604-92305-5 (vendor P/N 8454-2): Within
3,000 flight hours or 26 months after the effective date of this AD,
whichever occurs first, replace any HSTA having P/N 604-92305-3
(vendor P/N 845401) or P/N 604-92305-5 (vendor P/N 8454-2) with a
HSTA having P/N 604-92305-7 (vendor P/N 8454-3), in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin 604-
27-032, Revision 02, dated April 22, 2014; or Bombardier Service
Bulletin 605-27-002, Revision 02, dated April 22, 2014; as
applicable.
(k) Credit for Previous Actions
This paragraph provides credit for the actions required by
paragraph (j) of this AD if those actions were performed before the
effective date of this AD using the service information identified
in paragraphs (k)(1) through (k)(4) of this AD, as applicable. This
service information is not incorporated by reference in this AD.
(1) Bombardier Service Bulletin 604-27-032, dated September 10,
2012.
(2) Bombardier Service Bulletin 604-27-032, Revision 01, dated
April 29, 2013.
(3) Bombardier Service Bulletin 605-27-002, dated September 10,
2012.
(4) Bombardier Service Bulletin 605-27-002, Revision 01, April
29, 2013.
(l) Parts Installation Prohibition
As of the effective date of this AD, no person may install any
HSTA having P/N 604-92305-3 (vendor P/N 8454-1) or 604-92305-5
(vendor P/N 8454-2) on any airplane.
(m) 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 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; or TCCA; or Bombardier, Inc.'s TCCA Design DAO. If approved
by the DAO, the approval must include the DAO-authorized signature.
(n) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2013-18 dated July 16,
2013, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0231-0002.
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (o)(3) and (o)(4) of this AD.
(o) 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 604-27-032, Revision 02, dated
April 22, 2014.
(ii) Bombardier Service Bulletin 605-27-002, Revision 02, dated
April 22, 2014.
(iii) Bombardier Temporary Revision 604/37, dated May 21, 2013,
to the Bombardier Challenger CL-604 Airplane Flight Manual, PSP 604-
1.
(iv) Bombardier Temporary Revision 605/18, dated May 21, 2013,
to the Bombardier Challenger CL-605 Airplane Flight Manual, PSP 605-
1.
(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 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 January 11, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-01171 Filed 1-29-15; 8:45 am]
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