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[Federal Register Volume 78, Number 165 (Monday, August 26, 2013)]
[Proposed Rules]
[Pages 52712-52714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20715]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 78, No. 165 / Monday, August 26, 2013 / 
Proposed Rules

[[Page 52712]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0700; Directorate Identifier 2013-NM-102-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

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 reports of fractured 
rudder pedal tubes installed on the pilot-side rudder bar assembly. 
This proposed AD would require repetitive inspections for cracking and 
damage of both pilot-side rudder pedal tubes, and replacement of 
affected pilot-side rudder bar assemblies if necessary. We are 
proposing this AD to detect and correct cracking of both pilot-side 
rudder pedal tubes, which could result in loss of pilot rudder pedal 
input causing reduced yaw controllability or a runway excursion.

DATES: We must receive comments on this proposed AD by October 10, 
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: Ricardo Garcia, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7331; 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-2013-0700; 
Directorate Identifier 2013-NM-102-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-
2013-12, dated May 14, 2013 (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:

    There have been two in-service reports of fracture of rudder 
pedal tubes installed on the pilot-side rudder bar assembly.
    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.
    This [Canadian] AD mandates initial and repetitive [detailed or 
eddy current] inspections [for cracking and damage and replacement 
if necessary] of the pilot-side rudder * * * [bar assembly], until 
the terminating action is accomplished.

Required actions also include repairing damage. The terminating action 
is replacement of both pilot-side rudder bar assemblies. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 601R-27-162, including 
Appendix A, dated April 5, 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

[[Page 52713]]

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.

Clarification of Inspection Terminology

    In this proposed AD, the ``detailed visual inspection'' specified 
in Bombardier Service Bulletin 601R-27-162, including Appendix A, dated 
April 5, 2013, is referred to as a ``detailed inspection.'' We have 
included the definition for a detailed inspection in paragraph (h) of 
the proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 529 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                        Cost on U.S.
                              Action                                      Labor cost          Parts cost       Cost per product          operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection........................................................  3 work-hours x $85                 $0   $255 per inspection    $134,895 per
                                                                     per hour = $255 per                     cycle.                 inspection cycle.
                                                                     inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacement 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
this repair:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement..................................  6 work-hours x $85 per hour =            $2,850           $3,360
                                                $510.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
a cost estimate for the repair specified in this proposed AD.
    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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-2013-0700; Directorate Identifier 
2013-NM-102-AD.

(a) Comments Due Date

    We must receive comments by October 10, 2013.

(b) Affected ADs

    None.

(c) Applicability

    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.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of fractured rudder pedal tubes 
installed on the pilot-side rudder bar assembly. We are issuing this 
AD to detect and correct cracking of both pilot-side rudder pedal 
tubes, which could result in loss of pilot rudder pedal input 
causing reduced yaw controllability or a runway excursion.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the

[[Page 52714]]

compliance times specified, unless the actions have already been 
done.

(g) Initial Inspections

    At the applicable time specified in paragraph (g)(1) through 
(g)(6) of this AD, do a detailed or eddy current inspection for 
cracking and damage (i.e., corrosion or cracking) of both pilot-side 
rudder pedal tubes having part number (P/N) 600-90204-3, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-27-162, including Appendix A, dated April 5, 
2013.
    (1) For airplanes that have accumulated less than 20,000 total 
flight cycles as of the effective date of this AD: Do the inspection 
before the accumulation of 23,000 total flight cycles.
    (2) For airplanes that have accumulated 20,000 total flight 
cycles or more, but less than 25,000 total flight cycles as of the 
effective date of this AD: Do the inspection within 3,000 flight 
cycles after the effective date of this AD, but not to exceed 26,300 
total flight cycles.
    (3) For airplanes that have accumulated 25,000 total flight 
cycles or more, but less than 30,000 total flight cycles as of the 
effective date of this AD: Do the inspection within 1,300 flight 
cycles after the effective date of this AD, but not to exceed 30,800 
total flight cycles.
    (4) For airplanes that have accumulated 30,000 total flight 
cycles or more, but less than 33,000 total flight cycles as of the 
effective date of this AD: Do the inspection within 800 flight 
cycles after the effective date of this AD, but not to exceed 33,500 
total flight cycles.
    (5) For airplanes that have accumulated 33,000 total flight 
cycles or more, but less than 37,000 total flight cycles as of the 
effective date of this AD: Do the inspection within 500 flight 
cycles after the effective of this AD, but not to exceed 37,300 
total flight cycles.
    (6) For airplanes that have accumulated 37,000 total flight 
cycles or more as of the effective date of this AD: Do the 
inspection within 300 flight cycles after the effective date of this 
AD.

(h) Inspection Definition

    For the purposes of this AD, a detailed inspection is an 
intensive examination of a specific item, installation, or assembly 
to detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at an 
intensity deemed appropriate. Inspection aids such as mirror, 
magnifying lenses, etc., may be necessary. Surface cleaning and 
elaborate procedures may be required.

(i) Repetitive Inspections

    For any tube on which no cracking and no damage is found during 
any inspection required by paragraph (g) of this AD: At the 
applicable time specified in paragraph (i)(1) or (i)(2) of this AD, 
repeat the detailed or eddy current inspection for cracking of the 
pilot-side rudder pedal tubes, specified in paragraph (g) of this 
AD, until the terminating action specified in paragraph (k) of this 
AD has been accomplished.
    (1) If the most recent inspection was a detailed inspection: 
Repeat the inspection within 600 flight cycles thereafter.
    (2) If the most recent inspection was an eddy current 
inspection: Repeat the inspection within 1,000 flight cycles 
thereafter.

(j) Corrective Actions

    (1) If any cracking is found around the aft tapered holes during 
any inspection required by paragraph (g) or (i) of this AD, before 
further flight, replace the affected rudder bar assemblies, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-27-162, including Appendix A, dated April 5, 
2013.
    (2) If any other damage (i.e., corrosion or cracking), other 
than that specified in paragraph (j)(1) of this AD, is found during 
any inspection required by paragraph (g) or (i) of this AD, before 
further flight, repair using a method approved by either the 
Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA; 
or the Transport Canada Civil Aviation (TCCA) (or its delegated 
agent).

(k) Optional Terminating Action

    Replacement of both pilot-side rudder bar assemblies, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-27-162, including Appendix A, dated April 5, 
2013, terminates the inspections required by paragraphs (g) and (i) 
of this AD.

(l) 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 ATTN: 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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2013-12, dated May 14, 
2013, for related information, which can be found in the AD docket 
on the internet at http://www.regulations.gov.
    (2) For service information identified in this AD, contact 
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt 
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; 
fax 416-375-4539; email thd.qseries@aero.bombardier.com; Internet 
http://www.bombardier.com. You may review copies of 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.

    Issued in Renton, Washington, on August 16, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-20715 Filed 8-23-13; 8:45 am]
BILLING CODE 4910-13-P
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