[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Proposed Rules]
[Pages 13536-13539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5722]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0159; Directorate Identifier 2010-NM-246-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model CL-600-2C10 
(Regional Jet Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet 
Series 705), and Model CL-600-2D24 (Regional Jet Series 900) 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 the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    An inspection by the vendor revealed that a number of Rubber 
Bull Gears (RBG) in the

[[Page 13537]]

Horizontal Stabilizer Trim Actuator (HSTA) of the CL-600-2C10, CL-
600-2D15 and CL-600-2D24 aeroplanes were installed with a wheel 
material hardness out of specification. This non-conformity has a 
direct impact on the HSTA life limit. The teeth of these non-
conformant RBGs could break and in extreme cases, could lead to 
uncontrolled HSTA movement without the ability to re-trim the 
aeroplane. If not corrected, this condition could result in a 
difficulty to control the pitch and subsequent loss of the 
aeroplane.
* * * * *
    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 28, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 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 514-855-5000; fax 514-855-7401; e-mail 
<a href="/cdn-cgi/l/email-protection#9febf7fbb1fcedf5dffefaedf0b1fdf0f2fdfeedfbf6faedb1fcf0f2"><span class="__cf_email__" data-cfemail="dca8b4b8f2bfaeb69cbdb9aeb3f2beb3b1bebdaeb8b5b9aef2bfb3b1">[email protected]</span></a>; 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, 
Washington. 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 (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone (516) 228-7303; 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-2011-0159; 
Directorate Identifier 2010-NM-246-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 which is the aviation authority for 
Canada, has issued Canadian Airworthiness Directive CF-2010-34, dated 
October 5, 2010 (referred to after this as ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    An inspection by the vendor revealed that a number of Rubber 
Bull Gears (RBG) in the Horizontal Stabilizer Trim Actuator (HSTA) 
of the CL-600-2C10, CL-600-2D15 and CL-600-2D24 aeroplanes were 
installed with a wheel material hardness out of specification. This 
non-conformity has a direct impact on the HSTA life limit. The teeth 
of these non-conformant RBGs could break and in extreme cases, could 
lead to uncontrolled HSTA movement without the ability to re-trim 
the aeroplane. If not corrected, this condition could result in a 
difficulty to control the pitch and subsequent loss of the 
aeroplane.
    This [Canadian airworthiness] directive mandates replacement of 
the RBGs which have material hardness out of specification [with a 
modified HSTA].

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 670BA-27-058, dated August 
31, 2010; and SAGEM has issued SAGEM Service Bulletin 8489-27-007, 
Revision 1, dated August 10, 2010. 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.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 387 products of U.S. registry. We also estimate that 
it would take about 9 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $0 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these costs. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $296,055, or $765 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

[[Page 13538]]

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); and
    3. 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-2011-0159; Directorate Identifier 
2010-NM-246-AD.

Comments Due Date

    (a) We must receive comments by April 28, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2C10 
(Regional Jet Series 700, 701, & 702), Model CL-600-2D15 (Regional 
Jet Series 705), and Model CL-600-2D24 (Regional Jet Series 900) 
airplanes, certificated in any category, equipped with a horizontal 
stabilizer trim actuator having part numbers (P/Ns) 8489-5, 8489-6, 
8489-7, and 8489-7R.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    An inspection by the vendor revealed that a number of Rubber 
Bull Gears (RBG) in the Horizontal Stabilizer Trim Actuator (HSTA) 
of the CL-600-2C10, CL-600-2D15 and CL-600-2D24 aeroplanes were 
installed with a wheel material hardness out of specification. This 
non-conformity has a direct impact on the HSTA life limit. The teeth 
of these non-conformant RBGs could break and in extreme cases, could 
lead to uncontrolled HSTA movement without the ability to re-trim 
the aeroplane. If not corrected, this condition could result in a 
difficulty to control the pitch and subsequent loss of the 
aeroplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Modifying the HSTA

    (g) For airplanes having any HSTA with S[sol]N 107, 111, 124, 
126, 135, 139, 142, 145, 146, 266, 268, 271, 274, 276, 277, 280, 282 
through 285 inclusive, 290, 292, 294, 297, 299, 307, 309, 320, 337, 
400, 402, 403, 410, 412, 418, 421 through 428 inclusive, 430, 435 
through 439 inclusive, 441, 443 through 446 inclusive, 448 through 
450 inclusive, 452 through 454 inclusive, 456, 459, 461, 463 through 
470 inclusive, 472, 474 through 476 inclusive, 478, 545 through 549 
inclusive, 570, 571, 573, 574, 600, 603, 608, 612 through 616 
inclusive, 623, 627, and 629 through 659 inclusive: At the 
applicable compliance time specified in paragraph (g)(1) or (g)(2) 
of this AD, replace the HSTA with a modified HSTA, in accordance 
with the Accomplishment Instructions of Bombardier Service Bulletin 
670BA-27-058, dated August 31, 2010.
    (1) For HSTAs that have accumulated 8,700 total flight cycles or 
less as of the effective date of this AD: Within 3,000 flight cycles 
from the effective date of this AD, or before the HSTA has 
accumulated 10,500 flight cycles, whichever occurs first.
    (2) For HSTAs that have accumulated more than 8,700 total flight 
cycles as of the effective date of this AD: Within 1,800 flight 
cycles after the effective date of this AD.
    (h) For airplanes having any HSTA with S[sol]N 185, 479, 481, 
482, 485, 487, 489, 491 through 496 inclusive, 498, 499, 501, 503, 
504, 506, 507, 509, 512 through 514 inclusive, 517, 519 through 522 
inclusive, 524, 526 through 528 inclusive, 530, 534 through 536 
inclusive, 539, 542, and 543: Within 1,800 flight cycles after the 
effective date of this AD, replace the affected HSTA with a modified 
HSTA in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-27-058, dated August 31, 2010.

Parts Installation

    (i) As of the effective date of this AD, no person may install a 
HSTA, having P/N 8489-5, 8489-6, 8489-7, or 8489-7R, with any serial 
numbers identified in paragraph (g) or (h) of this AD, on any 
airplane, unless that HSTA has been modified in accordance with 
SAGEM Service Bulletin 8489-27-007, Revision 1, dated August 10, 
2010, and that HSTA has a suffix ``B'' beside the serial number.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, 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. 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 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) 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.

Related Information

    (k) Refer to MCAI Canadian Airworthiness Directive CF-2010-34, 
dated October 5, 2010; Bombardier Service Bulletin 670BA-27-058, 
dated August 31, 2010; and SAGEM Service Bulletin 8489-27-007, 
Revision 1, dated August 10, 2010, for related information.


[[Page 13539]]


    Issued in Renton, Washington, on March 4, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-5722 Filed 3-11-11; 8:45 am]
BILLING CODE 4910-13-P


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