Federal Register / Vol. 79, No. 166 / Wednesday, August 27, 2014 / Rules and Regulations 51077 

effective date of this AD using Embraer Alert 

Service Bulletin 145LEG–53–A032, dated 

September 20, 2013, which is not 

incorporated by reference in this AD. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, 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 International Branch, send it to ATTN: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–1175; fax 425–227–1149. 

Information may be emailed to: 9-ANM-116- 

AMOC-REQUESTS@faa.gov. 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, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

ANAC; or ANAC’s authorized Designee. If 

approved by the ANAC Designee, the 

approval must include the Designee’s 

authorized signature. 

(k) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Brazilian 

Airworthiness Directive 2013–10–02, dated 

October 23, 2013, for related information. 

This MCAI may be found in the AD docket 

on the Internet at http://www.regulations.

gov/#!documentDetail;D=FAA-2014-0234- 

0002. 

(2) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (l)(3) and (l)(4) of this AD. 

(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) Embraer Alert Service Bulletin 145LEG– 

53–A032, Revision 01, dated September 24, 

2013. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Empresa Brasileira de 

Aeronautica S.A. (Embraer), Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; telephone 

+55 12 3927–5852 or +55 12 3309–0732; fax 

+55 12 3927–7546; email distrib@

embraer.com.br; Internet http://www.

flyembraer.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 August 

7, 2014. 

Victor Wicklund, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–19683 Filed 8–26–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0258; Directorate 

Identifier 2013–NM–065–AD; Amendment 

39–17950; AD 2014–16–26] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Dassault Aviation Model FALCON 

900EX airplanes. This AD was 

prompted by our determination to 

introduce a corrosion prevention control 

program, among other changes, to the 

maintenance requirements and 

airworthiness limitations. This AD 

requires revising the maintenance or 

inspection program, as applicable, to 

include the maintenance tasks and 

airworthiness limitations specified in 

the Airworthiness Limitations section of 

the airplane maintenance manual. We 

are issuing this AD to prevent reduced 

structural integrity and reduced 

controllability of the airplane. 

DATES: This AD becomes effective 

October 1, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 1, 2014. 

ADDRESSES: You may examine the AD 

docket on the Internet at http://www.

regulations.gov/#!docketDetail;D=FAA2014-0258 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 Dassault Falcon Jet, 

P.O. Box 2000, South Hackensack, NJ 

07606; telephone 201–440–6700; 

Internet http://www.dassaultfalcon.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: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone 425–227–1137; 

fax 425–227–1149. 

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 Dassault Aviation 

Model FALCON 900EX airplanes. The 

NPRM published in the Federal 

Register on May 2, 2014 (79 FR 25033). 

The NPRM was prompted by our 

determination to introduce a corrosion 

prevention control program, among 

other changes, to the maintenance 

requirements and airworthiness 

limitations. The NPRM proposed to 

require revising the maintenance or 

inspection program, as applicable, to 

include the maintenance tasks and 

airworthiness limitations specified in 

the Airworthiness Limitations section of 

the airplane maintenance manual. We 

are issuing this AD to prevent reduced 

structural integrity and reduced 

controllability of the airplane. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2013–0051, 

dated March 4, 2013 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for Dassault Aviation Model FALCON 

900EX airplanes. The MCAI states: 

The airworthiness limitations and 

maintenance requirements for the Falcon 

900EX type design are included in Dassault 

Aviation Aircraft Maintenance Manual 

(AMM) chapter 5–40 and are approved by the 

European Aviation Safety Agency (EASA). 

EASA issued AD 2008–0221 [http://ad.

easa.europa.eu/blob/easa_ad_2008_

0221_Corrected.pdf/AD_2008_0221_1] to 

require accomplishment of the maintenance 

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51078 Federal Register / Vol. 79, No. 166 / Wednesday, August 27, 2014 / Rules and Regulations 

tasks, and implementation of the 

airworthiness limitations, as specified in 

Dassault Aviation F900EX AMM chapter 5– 

40 referenced DGT 113874 at revision 8. 

Since that [EASA] AD was issued, Dassault 

Aviation issued revision 12 of F900EX AMM 

chapter 5–40 which contains new or more 

restrictive maintenance requirements and/or 

airworthiness limitations and introduces, 

among others, the following changes: 

—Tasks renumbering, 

—Introduction of a Corrosion Prevention 

Control Program (CPCP), 

—Upgrade of screwjack of flap actuators from 

the older to the latest -3 version; 

—Revised Time Between Overhaul for 

screwjack of flap actuators -3 version; 

—Revised interval for checking the screw/nut 

play on screwjack of flap actuators -3 

version; 

—Removal of service life limit for screwjack 

of flap actuators; 

—Test of flap asymmetry protection system. 

Compliance with this test is required by [a 

certain French AD ***, which corresponds 

to FAA AD 2002–23–20, Amendment 39– 

12964 (67 FR 71098, November 29, 2002)], 

but F900EX AMM chapter 5–40 at revision 

12 introduces an extended inspection 

interval; 

—Inspection procedures of fuselage and 

wings; 

—Check of overpressure tightness on 

pressurization control regulating valves. 

Compliance with this check is required by 

EASA AD 2008–0072 [http://ad.easa.

europa.eu/blob/easa_ad_2008_0072.pdf/

AD_2008–0072_1, which corresponds to 

FAA AD 2010–26–05, Amendment 39– 

16544 (75 FR 79952, December 21, 2010)], 

but F900EX AMM chapter 5–40 at revision 

12 introduces an extended inspection 

interval; 

—Check of overpressure relief valve vacuum 

supply lines. 

The maintenance tasks and airworthiness 

limitations, as specified in the F900EX AMM 

chapter 5–40, have been identified as 

mandatory actions for continued 

airworthiness of the F900EX type design. 

Failure to comply with AMM chapter 5–40 

at revision 12 may result in an unsafe 

condition [e.g., reduced structural integrity 

and reduced controllability of the airplane]. 

For the reasons described above, this 

[EASA] AD requires the implementation of 

the maintenance tasks and airworthiness 

limitations, as specified in the Dassault 

Aviation F900EX AMM chapter 5–40 DGT 

113874 at revision 12. 

You may examine the MCAI in the AD 

docket on the Internet at http://www.

regulations.gov/#!documentDetail;D=

FAA-2014-0258-0002. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (79 

FR 25033, May 2, 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. 

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 ADmandated 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, the European Aviation 

Safety Agency (EASA), or Dassault 

Aviation’s EASA Design Organization 

Approval (DOA). 

The Contacting the Manufacturer 

paragraph also clarifies that, if approved 

by the DOA, the approval must include 

the DOA-authorized signature. The DOA 

signature indicates that the data and 

information contained in the document 

are EASA-approved, which is also FAAapproved. Messages and other 

information provided by the 

manufacturer that do not contain DOAauthorized signature approval are not 

EASA-approved, unless EASA 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. 

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 

25033, May 2, 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 25033, 

May 2, 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 72 

airplanes of U.S. registry. 

We also estimate that it will take 

about 1 work-hour 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 $6,120, 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. 

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Federal Register / Vol. 79, No. 166 / Wednesday, August 27, 2014 / Rules and Regulations 51079 

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-2014-0258; 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S. C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2014–16–26 Dassault Aviation: 

Amendment 39–17950. Docket No. 

FAA–2014–0258; Directorate Identifier 

2013–NM–065–AD. 

(a) Effective Date 

This AD becomes effective October 1, 2014. 

(b) Affected ADs 

This AD affects AD 2002–23–20, 

Amendment 39–12964 (67 FR 71098, 

November 29, 2002); and AD 2010–26–05, 

Amendment 39–16544 (75 FR 79952, 

December 21, 2010). 

(c) Applicability 

This AD applies to Dassault Aviation 

Model FALCON 900EX airplanes, certificated 

in any category, serial numbers 1 through 96 

inclusive, and serial numbers 98 through 119 

inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits/Maintenance 

Checks. 

(e) Reason 

This AD was prompted by our 

determination to introduce a corrosion 

prevention control program, among other 

changes, to the maintenance requirements 

and airworthiness limitations. We are issuing 

this AD to prevent reduced structural 

integrity and reduced controllability of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Revision of Maintenance or Inspection 

Program 

Within 30 days after the effective date of 

this AD, revise the maintenance or inspection 

program, as applicable, to incorporate the 

information specified in Chapter 5–40, 

Airworthiness Limitations, DGT 113874, 

Revision 12, dated September 2012, of the 

Falcon 900EX Maintenance Manual. The 

initial compliance time for accomplishing the 

actions specified in Chapter 5–40, 

Airworthiness Limitations, DGT 113874, 

Revision 12, dated September 2012, of the 

Falcon 900EX Maintenance Manual, is 

within the applicable times specified in the 

maintenance manual, or 30 days after the 

effective date of this AD, whichever occurs 

later, except as provided by paragraphs (g)(1) 

through (g)(4) of this AD. 

(1) The term ‘‘LDG’’ in the ‘‘First 

Inspection’’ column of any table in the 

service information means total airplane 

landings. 

(2) The term ‘‘FH’’ in the ‘‘First Inspection’’ 

column of any table in the service 

information means total flight hours. 

(3) The term ‘‘FC’’ in the ‘‘First Inspection’’ 

column of any table in the service 

information means total flight cycles. 

(4) The term ‘‘M’’ in the ‘‘First Inspection’’ 

column of any table in the service 

information means months. 

(h) Terminating Action 

Accomplishing paragraph (g) of this AD 

terminates the requirements of AD 2002–23– 

20, Amendment 39–12964 (67 FR 71098, 

November 29, 2002); and paragraph (g)(1) of 

AD 2010–26–05, Amendment 39–16544 (75 

FR 79952, December 21, 2010); for Dassault 

Aviation Model FALCON 900EX airplanes, 

serial numbers 1 through 96 inclusive, and 

serial numbers 98 through 119 inclusive. 

(i) No Alternative Actions and Intervals 

After accomplishing the revision required 

by paragraph (g) 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 (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, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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 International Branch, send it to ATTN: 

Tom Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–1137; fax 425–227–1149. 

Information may be emailed to: 9-ANM-116- 

AMOC-REQUESTS@faa.gov. 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, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

the European Aviation Safety Agency 

(EASA); or Dassault Aviation’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(k) Related Information 

Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2013–0051, dated 

March 4, 2013, for related information. This 

MCAI may be found in the AD docket on the 

Internet at http://www.regulations.gov/#

!documentDetail;D=FAA-2014-0258-0002. 

(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) Chapter 5–40, Airworthiness 

Limitations, DGT 113874, Revision 12, dated 

September 2012, of the Falcon 900EX 

Maintenance Manual. The document revision 

level is identified only on the title page and 

page 2. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Dassault Falcon Jet, P.O. Box 

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51080 Federal Register / Vol. 79, No. 166 / Wednesday, August 27, 2014 / Rules and Regulations 

2000, South Hackensack, NJ 07606; 

telephone 201–440–6700; Internet http://

www.dassaultfalcon.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 August 

7, 2014. 

Victor Wicklund, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–19678 Filed 8–26–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0175; Directorate 

Identifier 2014–NM–014–AD; Amendment 

39–17957; AD 2014–17–04] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model CL–600–2B19 

(Regional Jet Series 100 & 440) 

airplanes. This AD was prompted by 

reports that elevator power control unit 

(PCU) shear pins may fail prematurely. 

This AD requires repetitive replacement 

of the elevator PCU shear pins. We are 

issuing this AD to prevent premature 

elevator PCU shear pin failure. If all 

pins fail on one elevator, the elevator 

surface would become inoperative, 

which could reduce the controllability 

of the airplane and could result in a loss 

of redundancy for flutter prevention. 

DATES: This AD becomes effective 

October 1, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 1, 2014. 

ADDRESSES: You may examine the AD 

docket on the Internet at http://www.

regulations.gov/#!docketDetail;D=FAA2014-0175; 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 

Coˆte-Vertu Road West, Dorval, Que ́bec 

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 (ACO), 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–600–2B19 (Regional Jet Series 100 & 

440) airplanes. The NPRM published in 

the Federal Register on March 28, 2014 

(79 FR 17453). 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2014–04, 

dated January 13, 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– 

600–2B19 (Regional Jet Series 100 & 

440) airplanes. The MCAI states: 

It was found that the elevator power 

control unit (PCU) shear pins may fail 

prematurely. The failure of an elevator PCU 

shear pin is dormant. There are three PCUs 

on each elevator. If all three PCU shear pins 

failed on one elevator, the elevator surface 

would become inoperative, which could 

reduce the controllability of the aeroplane 

and could result in a loss of redundancy for 

flutter prevention. 

This [Canadian] AD mandates the 

repetitive replacement of the elevator PCU 

shear pins to prevent premature elevator PCU 

shear pin failures. 

You may examine the MCAI in the 

AD docket on the Internet at http://

www.regulations.gov/#!documentDetail;

D=FAA-2014-0175-0002. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the NPRM (79 FR 17453, 

March 28, 2014) and the FAA’s response 

to each comment. 

Request To Delete the Repetitive 

Requirement 

Air Wisconsin Airlines Corporation 

(AWAC) requested that we revise the 

NPRM (79 FR 17453, March 28, 2014) to 

delete the repetitive actions required by 

paragraph (g) of the NPRM. AWAC 

pointed out that, typically, when the 

design approval holder determines that 

a repetitive action for a task is required, 

the repetitive action is normally 

published in the maintenance 

requirements manual as an 

airworthiness limitation, a certification 

maintenance requirement, or a systems 

and powerplant program task. AWAC 

notes that the design approval holder 

has no such requirement in its proposed 

or published documents, and that the 

service information identified in the 

NPRM states that it does not affect 

airworthiness limitations or damage 

tolerance inspections. 

As an alternative to removing the 

repetitive requirement specified in 

paragraph (g) of the NPRM (79 FR 

17453, March 28, 2014), AWAC 

requested that, if we do not agree to 

revise the NPRM as requested, we 

remove the compliance time of 48 

months for the repetitive replacement. 

AWAC questioned why the repetitive 

replacements should be required, if the 

airplane has not been regularly 

operated. For example, an airplane on 

which the replacement task was 

previously performed, that has 

subsequently been sitting in storage in 

the desert for 3–4 years would not have 

any stress. 

We disagree to delete the repetitive 

replacements required by paragraph (g) 

of this final rule. There are various 

contributing factors to the premature 

failure of the elevator PCU shear pins, 

and corrosion is one of those factors. 

The repetitive replacement interval was 

determined by the design approval 

holder and certifying authority. And, 

because corrosion is generally a 

function of time and exposure to the 

environment, rather than number of 

flights, we have determined that a 

specific interval of calendar time is 

required to address this failure mode. 

Bombardier indicated that it did not 

wish to state a repetitive action within 

its service bulletin, as operators prefer 

service bulletins that are not left openended. 

We also do not agree to remove the 

48-month compliance time. The 48- 

month compliance time is necessary to 

address the identified unsafe condition 

mstockstill on DSK4VPTVN1PROD with RULES