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[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Proposed Rules]
[Pages 20844-20846]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08048]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0216; Directorate Identifier 2012-NM-206-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 determination that 
certain flap actuators require restoration by installing a redesigned 
flap actuator inboard pinion seal. This proposed AD would require 
revising the maintenance program by incorporating new airworthiness 
limitation tasks. We are proposing this AD to prevent flap system 
failure, and consequent reduced landing performance of the airplane.

DATES: We must receive comments on this proposed AD by May 23, 2013.

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: (202) 493-2251.
     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 514-855-5000; fax 514-855-7401; email 
thd.crj@aero.bombardier.com; 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 (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Luke Walker, 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) 228-7363; 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-2013-0216; 
Directorate Identifier 2012-NM-206-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.

[[Page 20845]]

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-26, dated October 30, 2012 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    The CL-600-2B19 aeroplane flap actuator inboard pinion seal is 
prone to leak which can cause internal contamination of the actuator 
braking mechanism and subsequent actuator failure. This condition, 
if not corrected, can cause flap system failure. In certain weather 
and runway conditions, frequent flap system failures pose a safety 
concern.
    To improve the internal actuator sealing, the flap actuator 
manufacturer has redesigned the inboard pinion seal. Transport 
Canada Civil Aviation (TCCA) has been monitoring, through an 
actuator sampling program, the performance of the flap system since 
the introduction of actuators equipped with this new inboard pinion 
seal. Based on this sampling program and recent flap reliability 
data, TCCA is mandating a restoration task to install the redesigned 
flap actuator inboard pinion seal on all applicable actuators.

The required action is revising the maintenance program by 
incorporating two new airworthiness limitation tasks. The unsafe 
condition is flap system failure, and consequent reduced control of the 
airplane. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    Bombardier Inc. has issued CL-600-2B19 Temporary Revision (TR) 2A-
48, dated July 6, 2012, to Appendix A--Certification Requirements, of 
Part 2, Airworthiness Requirements, of the Bombardier CL-600-2B19 
Maintenance Requirements Manual. 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.
    This AD requires revisions to certain operator maintenance 
documents to include new actions. Compliance with these actions is 
required by 14 CFR 91.403(c). For airplanes that have been previously 
modified, altered, or repaired in the areas addressed by these actions, 
the operator may 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 for an alternative method of compliance 
according to the procedures specified in paragraph (k) of this AD. The 
request should include a description of changes to the required actions 
that will ensure the continued damage tolerance of the affected 
structure.

Differences Between This Proposed AD and the MCAI or Service 
Information

    Bombardier CL-600-2B19 TR 2A-48, dated July 6, 2012, to Appendix 
A--Certification Requirements, of Part 2, Airworthiness Requirements, 
of the Bombardier CL-600-219 Maintenance Requirements Manual, specifies 
a task interval of 10,000 flight cycles or 144 months in the ``Task 
Interval'' column, and a task interval of 10,000 flight cycles in the 
``Task Description'' column. This proposed AD would require a task 
interval of 10,000 flight cycles. This difference has been coordinated 
with TCCA.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 573 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 $48,705, 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

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 AD:

    Bombardier, Inc.: Docket No. FAA-2013-0216; Directorate 
Identifier 2012-NM-206-AD.

(a) Comments Due Date

    We must receive comments by May 23, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional 
Jet Series 100 & 440)

[[Page 20846]]

airplanes, certificated in any category, equipped with Eaton flap 
actuators having any part number (P/N) specified in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD.
    (1) P/N 601R93101-23/-25 (vendor P/N 852D100-23, -25).
    (2) P/N 601R93103-23/-24 (vendor P/N 853D100-23, -24).
    (3) P/N 601R93104-23/-24 (vendor P/N 854D100-23, -24).

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that certain flap 
actuators require restoration by installing a redesigned flap 
actuator inboard pinion seal. We are issuing this AD to prevent flap 
system failure, and consequent reduced control of the airplane.

 (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 30 days after the effective date of this AD, revise the 
maintenance program to incorporate Tasks C27-50-111-15 and C27-50-
111-17 as specified in Bombardier CL-600-2B19 Temporary Revision 
(TR) 2A-48, dated July 6, 2012, to Appendix A--Certification 
Requirements, of Part 2, Airworthiness Requirements, of the 
Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM), except 
as specified in paragraph (j) of this AD. The initial compliance 
times for the tasks are specified in paragraph (h) of this AD.

    Note 1 to paragraph (g) of this AD:  The maintenance program 
revision required by paragraph (g) of this AD may be done by 
inserting a copy of Bombardier CL-600-2B19 TR 2A-48, dated July 6, 
2012, into Appendix A--Certification Requirements, of Part 2, 
Airworthiness Requirements, of the Bombardier CL-600-2B19 MRM. When 
this TR has been included in general revisions of the MRM, the 
general revisions may be inserted in the MRM, provided the relevant 
information in the general revision is identical to that in 
Bombardier CL-600-2B19 TR 2A-48, dated July 6, 2012.

(h) Initial Task Compliance Times

    For the inboard and outboard flap actuators identified in 
Bombardier CL-600-2B19 TR 2A-48, dated July 6, 2012, to Appendix A--
Certification Requirements, of Part 2, Airworthiness Requirements, 
of the Bombardier CL-600-2B19 MRM, the initial compliance times for 
the tasks specified in Bombardier CL-600-2B19 TR 2A-48, dated July 
6, 2012, are at the applicable times specified in paragraphs (h)(1) 
through (h)(4) of this AD.
    (1) For flap actuators that have accumulated less than 6,000 
flight cycles as of the effective date of this AD, before the 
accumulation of 10,000 flight cycles on the flap actuator.
    (2) For flap actuators that have accumulated 6,000 or more 
flight cycles but less than 10,000 flight cycles as of the effective 
date of this AD, within 4,000 flight cycles after the effective date 
of this AD, but no later than 12,000 flight cycles on the flap 
actuator.
    (3) For flap actuators that have accumulated 10,000 or more 
flight cycles but less than or equal to 12,000 flight cycles as of 
the effective date of this AD, within 2,000 flight cycles after the 
effective date of this AD, but no later than 13,000 flight cycles on 
the flap actuator.
    (4) For flap actuators that have accumulated more than 12,000 
flight cycles as of the effective date of this AD, within 1,000 
flight cycles after the effective date of this AD.

(i) Repetitive Compliance Time

    Where Bombardier CL-600-2B19 TR 2A-48, dated July 6, 2012, to 
Appendix A--Certification Requirements, of Part 2, Airworthiness 
Requirements, of the Bombardier CL-600-2B19 MRM, specifies a task 
interval of 10,000 flight cycles or 144 months, the task interval is 
10,000 flight cycles.

(j) 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 (k) of this AD.

(k) 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 ACO, send it to 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) 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2012-26, dated October 
30, 2012; and Bombardier CL-600-2B19 TR 2A-48, dated July 6, 2012, 
to Appendix A--Certification Requirements, of Part 2, Airworthiness 
Requirements, of the Bombardier CL-600-2B19 MRM; for related 
information.
    (2) For Bombardier, Inc. service information identified in this 
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; email thd.crj@aero.bombardier.com; 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.

    Issued in Renton, Washington, on March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08048 Filed 4-5-13; 8:45 am]
BILLING CODE 4910-13-P
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