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.

Proposed Rules Federal Register

41145 

Vol. 79, No. 135 

Tuesday, July 15, 2014 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0446; Directorate 

Identifier 2013–NM–077–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–215–6B11 

(CL–215T Variant), and CL–215–6B11 

(CL–415 Variant) airplanes. This 

proposed AD was prompted by a report 

that during a routine inspection, 

corrosion was discovered on the lower 

bearing of the rudder upper torque tube. 

This proposed AD would require 

applying grease to the bearing; doing a 

general visual inspection of the expelled 

old grease for any contaminants, metal 

wear, and indication of corrosion, and 

replacing the bearing if necessary; 

revising the maintenance or inspection 

program, as applicable, to incorporate 

the rudder spring tab operational test 

and a check of the rudder spring tab 

operation into the daily inspection. We 

are proposing this AD to prevent 

corroded bearings, which could result in 

a partial or total loss of axial support. 

DATES: We must receive comments on 

this proposed AD by August 29, 2014. 

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 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 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 by searching for 

and locating Docket No. FAA–2014– 

0446; 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 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 Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 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–2014–0446; Directorate Identifier 

2013–NM–077–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–2013–08, 

dated March 12, 2013 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for certain Bombardier, Inc. Model CL– 

215–6B11 (CL–215T Variant), and CL– 

215–6B11 (CL–415 Variant) airplanes. 

The MCAI states: 

During a routine inspection, corrosion was 

discovered on the Rudder Upper Torque 

Tube Lower bearing, part number (P/N) 

DAT48–64A. Corroded bearings may 

eventually result in a partial or total loss of 

axial support. As such, Bombardier has 

issued Service Bulletin (SB) 215–A3171 Rev. 

1 and SB 215–A4452 Rev. 1, which provide 

instructions to refresh the lubrication in the 

bearing in order to inspect for corrosion and/ 

or contaminants in the existing grease. These 

SBs will also incorporate an operational 

check to the 50 hour maintenance scheduled 

tasks, and a test of the Rudder Spring Tab 

operation into the Daily inspection or the 

aircrew Preflight Check. 

Required actions include applying 

grease to the bearing, doing a general 

visual inspection of the expelled old 

grease for any contaminants, metal 

wear, and indication of corrosion, and 

replacing the bearing if necessary; 

revising the maintenance or inspection 

program, as applicable, to incorporate 

the rudder spring tab operational test; 

and revising the maintenance or 

inspection program, as applicable, to 

incorporate a check of the rudder spring 

tab operation into the daily inspection. 

You may examine the MCAI in the 

AD docket on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0446. 

Relevant Service Information 

Bombardier, Inc. has issued Service 

Bulletin 215–A3171, Revision 1, dated 

January 25, 2012; and Service Bulletin 

215–A4452, Revision 1, dated January 3, 


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41146 Federal Register / Vol. 79, No. 135 / Tuesday, July 15, 2014 / Proposed Rules 

2012. 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. 

‘‘Contacting the Manufacturer’’ 

Paragraph in This Proposed 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. 

The MCAI or referenced service 

information in an FAA AD often directs 

the owner/operator to contact the 

manufacturer for corrective actions, 

such as a repair. Briefly, the Airworthy 

Product paragraph allowed owners/

operators to use corrective actions 

provided by the manufacturer if those 

actions were FAA-approved. In 

addition, the paragraph stated that any 

actions approved by the State of Design 

Authority (or its delegated agent) are 

considered to be FAA-approved. 

In another NPRM, Directorate 

Identifier 2012–NM–101–AD (78 FR 

78285, December 26, 2013), we 

proposed to prevent the use of repairs 

that were not specifically developed to 

correct the unsafe condition, by 

requiring that the repair approval 

provided by the State of Design 

Authority or its delegated agent 

specifically refer to the FAA AD. This 

change was intended to clarify the 

method of compliance and to provide 

operators with better visibility of repairs 

that are specifically developed and 

approved to correct the unsafe 

condition. In addition, we proposed to 

change the phrase ‘‘its delegated agent’’ 

to include a design approval holder 

(DAH) with State of Design Authority 

design organization approval (DOA), as 

applicable, to refer to a DAH authorized 

to approve required repairs for the 

proposed AD. 

One commenter to the other NPRM, 

Directorate Identifier 2012–NM–101–AD 

(78 FR 78285, December 26, 2013), 

stated the following: ‘‘The proposed 

wording, being specific to repairs, 

eliminates the interpretation that Airbus 

messages are acceptable for approving 

minor deviations (corrective actions) 

needed during accomplishment of an 

AD mandated Airbus service bulletin.’’ 

This comment has made the FAA 

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 AD-mandated 

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 

that paragraph and retitled it 

‘‘Contacting the Manufacturer.’’ This 

paragraph now clarifies that for any 

requirement in this proposed AD to 

obtain corrective actions from a 

manufacturer, the action must be 

accomplished using a method approved 

by the FAA, TCCA, or Bombardier’s 

TCCA Design Approval Organization 

(DAO). 

The Contacting the Manufacturer 

paragraph also clarifies that, if approved 

by the DAO, the approval must include 

the DAO-authorized signature. The DAO 

signature indicates that the data and 

information contained in the document 

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

information provided by the 

manufacturer that do not contain the 

DAO-authorized signature approval are 

not TCCA-approved, unless TCCA 

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. 

Costs of Compliance 

We estimate that this proposed AD 

affects 5 airplanes of U.S. registry. 

We also estimate that it would take 

about 2 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 be negligible. Based on 

these figures, we estimate the cost of 

this proposed AD on U.S. operators to 

be $850, or $170 per product. 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition actions 

specified in this proposed AD. 

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; 


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Federal Register / Vol. 79, No. 135 / Tuesday, July 15, 2014 / Proposed Rules 41147 

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. 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Bombardier, Inc.: Docket No. FAA–2014– 

0446; Directorate Identifier 2013–NM– 

077–AD. 

(a) Comments Due Date 

We must receive comments by August 29, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the Bombardier, Inc. 

airplanes, certificated in any category, 

identified in paragraphs (c)(1) and (c)(2) of 

this AD. 

(1) Model CL–215–6B11 (CL–215T Variant) 

airplanes, serial numbers 1056 through 1125 

inclusive. 

(2) Model CL–215–6B11 (CL–415 Variant) 

airplanes, serial numbers 2001 through 2990 

inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 27, Flight Controls. 

(e) Reason 

This AD was prompted by report that 

during a routine inspection, corrosion was 

discovered on the lower bearing of the rudder 

upper torque tube. We are issuing this AD to 

prevent corroded bearings, which could 

result in a partial or total loss of axial 

support. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Lubrication of the Rudder Upper Torque 

Tube Bearing 

Within 3 months after the effective date of 

this AD, apply grease to the bearing, and do 

a general visual inspection of the expelled 

old grease for any contaminants (i.e. ashes, 

dust, and algae), metal wear, and indication 

of corrosion, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 215–A3171, Revision 1, 

dated January 25, 2012 (for Model CL–215– 

6B11 (CL–215T Variant) airplanes); or 

Bombardier Service Bulletin 215–A4452, 

Revision 1, dated January 3, 2012 (for Model 

CL–215–6B11 (CL–415 Variant) airplanes). If 

any contaminants (i.e., ashes, dust, and 

algae), metal wear, or indication of corrosion 

are found, before further flight, replace the 

bearing with a new bearing, in accordance 

with the Accomplishment Instructions of 

Bombardier Service Bulletin 215–A3171, 

Revision 1, dated January 25, 2012 (for Model 

CL- 215–6B11 (CL–215T Variant) airplanes); 

or Bombardier Service Bulletin 215–A4452, 

Revision 1, dated January 3, 2012 (for Model 

CL–215–6B11 (CL–415 Variant) airplanes). 

Repeat the inspection, thereafter, before and 

after each fire season or at intervals not to 

exceed 6 months, whichever occurs first. 

Note 1 to paragraph (g) of this AD: It is 

suggested that paragraph (g) of this AD be 

carried out in conjunction with AD 2009–05– 

04, Amendment 39–15828 (74 FR 8860, 

February 27, 2009), as the task and task 

intervals are in the same general area. 

(h) Operational Test 

Within 30 days after the effective date of 

this AD: Revise the maintenance or 

inspection program, as applicable, to 

incorporate the rudder spring tab operational 

test, in accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

215–A3171, Revision 1, dated January 25, 

2012 (for Model CL–215–6B11 (CL–215T 

Variant) airplanes); or Bombardier Service 

Bulletin 215–A4452, Revision 1, dated 

January 3, 2012 (for Model CL–215–6B11 

(CL–415 Variant) airplanes). 

(i) Daily Maintenance Procedure Check 

Within 30 days after the effective date of 

this AD: Revise the maintenance or 

inspection program, as applicable, to 

incorporate a check of the rudder spring tab 

operation into the daily inspection, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

215–A3171, Revision 1, dated January 25, 

2012 (for Model CL–215–6B11 (CL–215T 

Variant) airplanes); or Bombardier Service 

Bulletin 215–A4452, Revision 1, dated 

January 3, 2012 (for Model CL–215–6B11 

(CL–415 Variant) airplanes). 

(j) No Alternative Actions and Intervals 

After accomplishment of the maintenance 

or inspection program revision required by 

paragraphs (h) and (i) 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)(1) 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 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) 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, New York ACO, ANE–170, 

Engine and Propeller Directorate, FAA; or 

Transport Canada Civil Aviation (TCCA); or 

Bombardier, Inc.’s TCCA Design Approval 

Organization (DAO). If approved by the DAO, 

the approval must include the DAOauthorized signature. 

(l) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Canadian 

Airworthiness Directive CF–2013–08, dated 

March 12, 2013, for related information. This 

MCAI may be found in the AD docket on the 

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

searching for and locating it in Docket No. 

FAA–2014–0446. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu 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 

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 July 3, 

2014. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–16539 Filed 7–14–14; 8:45 am] 

BILLING CODE 4910–13–P 


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