Airworthiness Directives; Bombardier, Inc. Airplanes

Federal Register, Volume 79 Issue 148 (Friday, August 1, 2014)

Federal Register Volume 79, Number 148 (Friday, August 1, 2014)

Rules and Regulations

Pages 44666-44669

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2014-17467

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

Docket No. FAA-2014-0196; Directorate Identifier 2014-NM-015-AD; Amendment 39-17913; AD 2014-15-11

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 two in-service reports of fracture of the rudder pedal tubes installed on the pilot-side rudder bar assembly. This AD requires repetitive inspections for cracking and damage of the pilot-side rudder pedal tubes, and corrective action if necessary. This AD also provides optional terminating action for the repetitive inspections. We are issuing this AD to detect and correct cracked and damaged pilot-side rudder pedal tubes, which could result in loss of function of the pilot's rudder pedal during flight, takeoff, or landing, and could result in reduced controllability of the airplane.

DATES: This AD becomes effective September 5, 2014.

The Director of the Federal Register approved the incorporation by reference

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of a certain publication listed in this AD as of September 5, 2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0196 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 Cocircte-Vertu Road West, Dorval, Queacutebec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email thd.crj@aero.bombardier.com; 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: 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:

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-600-2C10 (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. The NPRM published in the Federal Register on April 14, 2014 (79 FR 20829).

Transport Canada Civil Aviation (TCCA), which is the airworthiness authority for Canada, has issued Canadian Airworthiness Directive CF-

2014-02, dated January 8, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''). The MCAI states:

There have been two in-service reports of fracture of the rudder pedal tubes installed on the pilot-side rudder bar assembly on CL-

600-2B19 model aeroplanes.

Laboratory examination of the fractured rudder pedal tubes found that in both cases, the fatigue cracks initiated at the aft taper pin holes where the connecting rod fitting is attached. Fatigue testing of the rudder pedal tubes confirmed that the fatigue cracking is due to loads induced during parking brake application. Therefore, only the rudder pedal tubes on the pilot's side are vulnerable to fatigue cracking as the parking brake is primarily applied by the pilot.

Loss of pilot rudder pedal input during flight would result in reduced yaw controllability of the aeroplane. Loss of pilot rudder pedal input during takeoff or landing may lead to a runway excursion.

Although there have been no reported failures to date on any CL-

600-2C10, -2D15, -2D24, and -2D25 model aeroplanes, the same torque tubes part number (P/N) 600-90204-3 are installed, which may be prone to premature fatigue cracking.

This Canadian AD mandates initial and repetitive detailed and eddy current inspections for cracking and damage of the pilot-

side rudder pedal tubes, P/N 600-90204-3, until the terminating action replacement of both pilot-side rudder bar assemblies is accomplished and corrective actions if necessary.

Corrective actions include replacement of the rudder bar assembly and repair. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0196-0002.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (79 FR 20829, April 14, 2014) or on the determination of the cost to the public.

``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.

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 the NPRM (79 FR 20829, April 14, 2014), 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 this 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.

No comments were provided to the NPRM (79 FR 20829, April 14, 2014) about these proposed changes. However, a comment was provided for a similar NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013). The commenter 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 that 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 action 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 signature approval are

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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.

Other commenters to the NPRM discussed previously, Directorate Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), pointed out that in many cases the foreign manufacturer's service bulletin and the foreign authority's MCAI might have been issued some time before the FAA AD. Therefore, the DOA might have provided U.S. operators with an approved repair, developed with full awareness of the unsafe condition, before the FAA AD is issued. Under these circumstances, to comply with the FAA AD, the operator would be required to go back to the manufacturer's DOA and obtain a new approval document, adding time and expense to the compliance process with no safety benefit.

Based on these comments, we removed the requirement that the DAH-

provided repair specifically refer to this AD. Before adopting such a requirement, the FAA will coordinate with affected DAHs and verify they are prepared to implement means to ensure that their repair approvals consider the unsafe condition addressed in this AD. Any such requirements will be adopted through the normal AD rulemaking process, including notice-and-comment procedures, when appropriate.

We also have decided not to include a generic reference to either the ``delegated agent'' or ``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.

Conclusion

We reviewed the relevant data 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 20829, April 14, 2014) for correcting the unsafe condition; and

Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 20829, April 14, 2014).

We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

Costs of Compliance

We estimate that this AD affects 400 airplanes of U.S. registry.

We also estimate that it takes about 3 work-hours per product to comply with the basic inspection requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $102,000, or $255 per airplane, per inspection cycle.

In addition, we estimate that any necessary replacement of the rudder pedal tubes takes about 6 work-hours and require parts costing $2,850, for a cost of $3,360 per product. We have no way of determining the number of aircraft that might need this action.

We have received no definitive data that would enable us to provide cost estimates for the on-condition repairs specified in this AD.

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-2014-0196; 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):

   2014-15-11 Bombardier, Inc.: Amendment 39-17913. Docket No. FAA-

   2014-0196; Directorate Identifier 2014-NM-015-AD.

   (a) Effective Date

   This AD becomes effective September 5, 2014.

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   (b) Affected ADs

   None.

   (c) Applicability

   This AD applies to the airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) 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 10342 inclusive.

   (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705), and Model CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers 15001 through 15337 inclusive.

   (3) Bombardier, Inc. Model CL-600-2E25 (Regional Jet Series 1000) airplanes, serial numbers 19001 through 19040 inclusive.

   (d) Subject

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

   (e) Reason

   This AD was prompted by two in-service reports of fracture of the rudder pedal tubes installed on the pilot-side rudder bar assembly. We are issuing this AD to detect and correct cracked and damaged pilot-side rudder pedal tubes, which could result in loss of function of the pilot's rudder pedal during flight, takeoff, or landing, and could result in reduced controllability of the airplane.

   (f) Compliance

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

   (g) Repetitive Inspections

   Before the accumulation of 26,000 total flight cycles or within 3 months after the effective date of this AD, whichever occurs later: Perform a detailed or eddy current inspection for cracking around the aft tapered holes of both pilot-side rudder pedal tubes, and for damage of the rudder pedal tubes in locations other than around the aft tapered holes, in accordance with Part A of the Accomplishment Instructions of Bombardier Service Bulletin 670BA-27-

   065, including Appendix A, dated November 15, 2013. Repeat the inspection thereafter at the applicable intervals specified in paragraph (g)(1) or (g)(2) of this AD, until the terminating action specified in paragraph (i) of this AD is done.

   (1) If the most recent inspection was a detailed inspection: Within 750 flight cycles after doing the detailed inspection.

   (2) If the most recent inspection was an eddy current inspection: Within 1,250 flight cycles after doing the eddy current inspection.

   (h) Corrective Actions

   (1) If any crack is found around the aft tapered holes during any inspection required by paragraph (g) of this AD, before further flight, replace the rudder bar assembly, in accordance with Part B of the Accomplishment Instructions of Bombardier Service Bulletin 670BA-27-065, including Appendix A, dated November 15, 2013.

   (2) If any damage is found during any inspection required by paragraph (g) of this AD in a location other than around the aft tapered holes: Before further flight, repair 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, Inc.'s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.

   (i) Optional Terminating Action

   Replacement of both pilot-side rudder bar assemblies, in accordance with Part B of the Accomplishment Instructions of Bombardier Service Bulletin 670BA-27-065, including Appendix A, dated November 15, 2013, constitutes terminating action for the repetitive inspections required by paragraph (g) of 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 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. Send information 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 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

   Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2014-02, dated January 8, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-

   2014-0196-0002.

   (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.

   (i) Bombardier Service Bulletin 670BA-27-065, including Appendix A, dated November 15, 2013.

   (ii) Reserved.

   (3) For service information identified in this AD, contact Bombardier, Inc., 400 Cocircte-Vertu Road West, Dorval, Queacutebec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-

   7401; email thd.crj@aero.bombardier.com; 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 July 17, 2014.

   John P. Piccola,

   Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

   FR Doc. 2014-17467 Filed 7-31-14; 8:45 am

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