[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Proposed Rules]
[Pages 63282-63285]
[FR Doc No: 2012-25430]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1075; Directorate Identifier 2012-NM-111-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-600-2B19 (Regional Jet Series 100 &
440) airplanes. This proposed AD was prompted by a revision to the
airplane airworthiness limitations to introduce more stringent
inspection requirements on certain affected components. This proposed
AD would require revising the maintenance program to incorporate
revised tasks specified in certain temporary revisions. We are
proposing this AD to detect and correct fatigue cracking in the
affected components and consequent loss of structural integrity.

DATES: We must receive comments on this proposed AD by November 30,
2012.

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 review copies of the 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; 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 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: Jeffrey Zimmer, 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-2012-1075;
Directorate Identifier 2012-NM-111-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 aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-13, dated April 10, 2012 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

    A revision has been made to Part 2 of the Canadair Regional Jet
Maintenance Requirements Manual (MRM), Airworthiness Limitations
(AWL), to introduce more stringent inspection requirements for
continued airworthiness based on re-analysis, in-service data and/or
fatigue testing. Failure to comply with these revised AWL items
could lead to an unsafe condition.
    This [TCCA] AD is issued to ensure that fatigue cracking of
these affected components [and consequent loss of airplane
structural integrity] is detected and corrected.

Required actions include revising the maintenance program by
incorporating the revised inspection requirements specified in certain
temporary revisions to Appendix B--Airworthiness Limitations, of Part 2
of the Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM).
You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Bombardier Inc. has issued the following temporary revisions to
Appendix B--Airworthiness Limitations, of Part 2 of the Bombardier CL-
600-2B19 MRM.
     Canadair Regional Jet Temporary Revision 2B-2098, dated
November 24, 2005.
     Canadair Regional Jet Temporary Revision 2B-2110, dated
November 24, 2005.
     Canadair Regional Jet Temporary Revision 2B-2119, dated
February 14, 2006.
     Canadair Regional Jet Temporary Revision 2B-2123, dated
August 28, 2006.
     Canadair Regional Jet Temporary Revision 2B-2127, dated
October 9, 2007.
     Canadair Regional Jet Temporary Revision 2B-2128, dated
October 9, 2007.
     Canadair Regional Jet Temporary Revision 2B-2129, dated
February 14, 2008.
     Canadair Regional Jet Temporary Revision 2B-2133, dated
February 14, 2008.
     Canadair Regional Jet Temporary Revision 2B-2148, dated
January 12, 2009.
     Canadair Regional Jet Temporary Revision 2B-2160, dated
January 14, 2011.
     Canadair Regional Jet Temporary Revision 2B-2161, dated
January 14, 2011.
     Canadair Regional Jet Temporary Revision 2B-2168, dated
January 14, 2011.
     Canadair Regional Jet Temporary Revision 2B-2174, dated
January 14, 2011.
     Canadair Regional Jet Temporary Revision 2B-2198, dated
December 8, 2011.

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 575 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $48,875, or $85 per product.

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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2012-1075; Directorate Identifier
2012-NM-111-AD.

(a) Comments Due Date

    We must receive comments by November 30, 2012.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes, certificated in any
category, serial numbers 7003 and subsequent.
    (2) This AD requires revisions to certain operator maintenance
documents to include new inspections. Compliance with these
inspections is required by section 91.403(c) of the Federal Aviation
Regulations (14 CFR 91.403(c)). For airplanes that have been
previously modified, altered, or repaired in the areas addressed by
these inspections, an operator might not be able to accomplish the
inspections described in the revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator must request approval of an
alternative method of compliance (AMOC) in accordance with the
provisions of paragraph (j) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic
inspections.

(e) Reason

    This AD was prompted by a revision to the airplane airworthiness
limitations to introduce more stringent inspection requirements on
certain affected components. We are issuing this AD to detect and
correct fatigue cracking in the affected components and consequent
loss of structural integrity.

 (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) Maintenance Program Revision

    Within 60 days after the effective date of this AD: Revise the
maintenance program by incorporating the revised inspection
requirements specified in the temporary revisions to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier CL-600-2B19
Maintenance Requirements Manual (MRM) specified in paragraphs (g)(1)
through (g)(14) of this AD.
    (1) Canadair Regional Jet Temporary Revision 2B-2098, dated
November 24, 2005.
    (2) Canadair Regional Jet Temporary Revision 2B-2110, dated
November 24, 2005.
    (3) Canadair Regional Jet Temporary Revision 2B-2119, dated
February 14, 2006.
    (4) Canadair Regional Jet Temporary Revision 2B-2123, dated
August 28, 2006.
    (5) Canadair Regional Jet Temporary Revision 2B-2127, dated
October 9, 2007.
    (6) Canadair Regional Jet Temporary Revision 2B-2128, dated
October 9, 2007.
    (7) Canadair Regional Jet Temporary Revision 2B-2129, dated
February 14, 2008.
    (8) Canadair Regional Jet Temporary Revision 2B-2133, dated
February 14, 2008.
    (9) Canadair Regional Jet Temporary Revision 2B-2148, dated
January 12, 2009.
    (10) Canadair Regional Jet Temporary Revision 2B-2160, dated
January 14, 2011.
    (11) Canadair Regional Jet Temporary Revision 2B-2161, dated
January 14, 2011.
    (12) Canadair Regional Jet Temporary Revision 2B-2168, dated
January 14, 2011.
    (13) Canadair Regional Jet Temporary Revision 2B-2174, dated
January 14, 2011.
    (14) Canadair Regional Jet Temporary Revision 2B-2198, dated
December 8, 2011.

(h) Initial Task Compliance Time

    The initial compliance times for the tasks specified in the
temporary revisions specified in paragraphs (g)(1) though (g)(14) of
this AD are at the applicable time specified in the applicable
temporary revision, or within 60 days after the effective date of
this AD, whichever occurs later.

(i) No Alternative Actions or Intervals

    After accomplishing the revisions required by paragraph (g) of
this AD, no alternative actions (e.g., inspections) or intervals may
be used other than those specified in the temporary revisions
specified in paragraphs (g)(1) through (g)(14) of this AD, unless
the actions and intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (j)(1) 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. 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:<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 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-2012-13,
dated April 10, 2012, and the temporary revisions to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier CL-600-2B19
MRM specified in paragraphs (k)(1) through (k)(14) of this AD, for
related information.

    (i) Canadair Regional Jet Temporary Revision 2B-2098, dated
November 24, 2005.
    (ii) Canadair Regional Jet Temporary Revision 2B-2110, dated
November 24, 2005.
    (iii) Canadair Regional Jet Temporary Revision 2B-2119, dated
February 14, 2006.
    (iv) Canadair Regional Jet Temporary Revision 2B-2123, dated
August 28, 2006.
    (v) Canadair Regional Jet Temporary Revision 2B-2127, dated
October 9, 2007.
    (vi) Canadair Regional Jet Temporary Revision 2B-2128, dated
October 9, 2007.
    (vii) Canadair Regional Jet Temporary Revision 2B-2129, dated
February 14, 2008.
    (viii) Canadair Regional Jet Temporary Revision 2B-2133, dated
February 14, 2008.
    (ix) Temporary Revision 2B-2148, dated January 12, 2009.
    (x) Temporary Revision 2B-2160, dated January 14, 2011.
    (xi) Temporary Revision 2B-2161, dated January 14, 2011.
    (xii) Temporary Revision 2B-2168, dated January 14, 2011.
    (xiii) Temporary Revision 2B-2174, dated January 14, 2011.
    (xiv) Temporary Revision 2B-2198, dated December 8, 2011.
    (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 review copies of the 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>.

    Issued in Renton, WA, on October 4, 2012.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-25430 Filed 10-15-12; 8:45 am]
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