[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20829-20832]
[FR Doc No: 2014-08304]

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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]
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 adopt 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 proposed
AD was prompted by two in-service reports of fracture of the rudder
pedal tubes installed on the pilot-side rudder bar assembly. This
proposed AD would require repetitive inspections for cracking and
damage of the pilot-side rudder pedal tubes, and corrective action if
necessary. This proposed AD would also provide optional terminating
action for the repetitive inspections. We are proposing 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: We must receive comments on this proposed AD by May 29, 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:<PHONE_NUMBER>.
     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<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>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<PHONE_NUMBER>.

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-
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 proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) 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<PHONE_NUMBER>; fax<PHONE_NUMBER>.

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

    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''), to correct an
unsafe condition 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. 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 by searching for and locating Docket No.
FAA-2014-0196.

Relevant Service Information

    Bombardier has issued Service Bulletin 670BA-27-065, dated November
15, 2013. 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.

Repair Approvals

    In many FAA transport ADs, when the service information specifies
to contact the manufacturer for further instructions if certain
discrepancies are found, we typically include in the AD a requirement
to accomplish the action using a method approved by either the FAA or
the State of Design Authority (or its delegated agent).
    We have recently been notified that certain laws in other countries
do not allow such delegation of authority, but some countries do
recognize design approval organizations. In addition, we have become
aware that some U.S. operators have used repair instructions that were
previously approved by a State of Design Authority or a Design Approval
Holder (DAH) as a method of compliance with this provision in FAA ADs.
Frequently, in these cases, the previously approved repair instructions
come from the airplane structural repair manual or the DAH repair
approval statements that were not specifically developed to address the
unsafe condition corrected by the AD. Using repair instructions that
were not specifically approved for a particular AD creates the
potential for doing repairs that were not developed to address the
unsafe condition identified by the MCAI AD, the FAA AD, or the
applicable service information, which could result in the unsafe
condition not being fully corrected.
    To prevent the use of repairs that were not specifically developed
to correct the unsafe condition, certain requirements of this proposed
AD would require that the repair approval specifically refer to the FAA
AD. This change is 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 use the phrase ``its delegated agent, or the DAH with
State of Design Authority design organization approval, as applicable''
in this proposed AD to refer to a DAH authorized to approve certain
required repairs for this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 400 airplanes of U.S.
registry.
    We also estimate that it would take about 3 work-hours per product
to comply with the basic inspection requirements of this proposed AD.
The average labor rate is $85 per work-hour. Based on these figures, we
estimate the cost of this proposed 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 would take 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 proposed
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 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. Amend Sec.  39.13 by adding the following new airworthiness
directive (AD):

Bombardier, Inc.: Docket No. FAA-2014-0196; Directorate Identifier
2014-NM-015-AD.

(a) Comments Due Date

    We must receive comments by May 29, 2014.

(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, 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 a 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, 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; or TCCA (or its delegated agent, or
the Design Approval Holder (DAH) with TCCA design organization
approval, as applicable). For a repair method to be approved, the
repair approval must specifically refer to this AD.

(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, 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, New York 11590; telephone 516-
228-7300; fax<PHONE_NUMBER>. 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, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or the DAH with a State of Design Authority's
design organization approval, as applicable). You are required to
ensure the product is airworthy before it is returned to service.

(k) Related Information

    (1) 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 by searching
for and locating Docket No. FAA-2014-0196.
    (2) 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<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. 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<PHONE_NUMBER>.

    Issued in Renton, Washington, on April 4, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-08304 Filed 4-11-14; 8:45 am]
BILLING CODE 4910-13-P