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[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Proposed Rules]
[Pages 32579-32581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12897]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0459; Directorate Identifier 2013-NM-044-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-600-2C10 (Regional Jet Series 700, 
701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) 
airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and 
Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This proposed 
AD was prompted by reports of erratic pitch movement and oscillatory 
behaviors of the elevator control system. This proposed AD would 
require repetitive replacement of the bellcrank supports on the inner 
rear spar of the horizontal stabilizer with new, improved bellcrank 
supports. We are proposing this AD to prevent erratic pitch movement 
and transient accelerations, which could result in a significant pitch 
upset, and injuries to passengers and flightcrew.

DATES: We must receive comments on this proposed AD by July 15, 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 Mechanical Systems 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-2013-0459; 
Directorate Identifier 2013-NM-044-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-
2013-03, dated February 5, 2013 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    There have been several reported incidents of erratic pitch 
movements and oscillatory behaviors of the elevator control system. 
Investigation revealed that, the increase in the elevator breakout 
force induced by the introduction of a new elevator centering 
mechanism, in combination with the existing

[[Page 32580]]

bracket assembly backlash and bearing friction of the bell crank 
support, could result in erratic pitch movement and oscillatory 
behavior of the elevator control system. This condition, if not 
corrected, could result in pitch upset of the aeroplane that 
generates transient accelerations. These accelerations could be high 
enough to injure aeroplane occupants that are not restrained in 
their seats.
    This [TCCA] AD mandates the repetitive replacement of the 
bellcrank supports with a new bearing.

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

Relevant Service Information

    Bombardier, Inc. has issued Service Bulletin 670BA-27-064, dated 
December 11, 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.

Difference Between This Proposed AD and the MCAI or Service Information

    The MCAI specifies using ``later approved revisions'' of the 
service information when accomplishing the requirements. However, 
``later approved revisions'' must not be used in an AD when referring 
to the service document because doing so violates Office of the Federal 
Register (OFR) regulations for approval of materials ``incorporated by 
reference'' in rules. Therefore, we have not included ``later approved 
revisions'' in this proposed AD. If additional parts are identified in 
later revisions of the service information, we might consider further 
rulemaking then.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 400 products of U.S. registry. We also estimate that 
it would take about 7 work-hours per product to comply with the basic 
requirements of this proposed AD. Required parts would cost up to 
$2,422 per product. 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 up to $1,206,800, or up to $3,017 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-2013-0459; Directorate Identifier 
2013-NM-044-AD.

(a) Comments Due Date

    We must receive comments by July 15, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1), 
(c)(2), and (c)(3) of this AD, certificated in any category.
    (1) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 
701, & 702) airplanes, serial numbers 10002 through 10999 inclusive.
    (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705) 
and CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers 
15001 through 15990 inclusive.
    (3) Bombardier, Inc. Model CL-600-2E25 (Regional Jet Series 
1000) airplanes, serial numbers 19001 through 19990 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of erratic pitch movements and 
oscillatory behaviors of the elevator control system. We are issuing 
this AD to prevent erratic pitch movement and transient 
accelerations, which could result in a significant pitch upset, and 
injuries to passengers and flightcrew.

(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) Repetitive Replacement of the Bellcrank Supports

    For any airplane with bellcrank supports having part numbers 
AV670-23350-001 (left side) and AV670-23350-002 (right side), on the 
inner rear spar of the horizontal stabilizer: At the applicable time 
specified in paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of this AD, 
replace the affected bellcrank supports with new bellcrank supports, 
in accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 670BA-27-064, dated December 11, 2012. Repeat the 
replacement thereafter at intervals not to exceed 20,000 flight 
hours.
    (1) For airplanes that have, as of the effective date of this 
AD, accumulated 18,000 total flight hours or less: Replace before 
the accumulation of 24,600 total flight hours.

[[Page 32581]]

    (2) For airplanes that have, as of the effective date of this 
AD, accumulated more than 18,000 total flight hours, but 23,400 
total flight hours or less: Replace within 6,600 flight hours after 
the effective date of this AD.
    (3) For airplanes that have, as of the effective date of this 
AD, accumulated more than 23,400 total flight hours, but 28,500 
total flight hours or less: Replace before the accumulation of 
30,000 total flight hours.
    (4) For airplanes that have, as of the effective date of this 
AD, accumulated more than 28,500 total flight hours: Within 1,500 
flight hours after the effective date of this AD.

(h) 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, 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.

(i) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2013-03, 
dated February 5, 2013; and Bombardier Service Bulletin 670BA-27-
064, dated December 11, 2012; for related information.
    (2) For 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 May 22, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-12897 Filed 5-30-13; 8:45 am]
BILLING CODE 4910-13-P
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