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[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Proposed Rules]
[Pages 43322-43325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17550]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0483; Directorate Identifier 2014-NM-082-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 supersede Airworthiness Directive (AD) 2013-16-
08 for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 
700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) 
airplanes, and Model CL-600-2D24 (Regional Jet Series 900) airplanes. 
Since we issued AD 2013-16-08, we have determined that a certain part 
was incorrectly identified in a certain section of that AD. This 
proposed AD would continue to require inspection of the MLG retraction 
actuator components; corrective actions if necessary; and, for certain 
retraction actuators, installation of a new jam nut. We are proposing 
this AD to prevent disconnection of the MLG retraction actuator, which 
could result in extension of the MLG without damping, and consequent 
structural damage and collapse of the MLG during landing.

DATES: We must receive comments on this proposed AD by September 8, 
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 Bombardier 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.
    For Goodrich service information identified in this proposed AD, 
contact Goodrich Corporation, Landing Gear, 1400 South Service Road, 
West Oakville L6L 5Y7, Ontario, Canada; telephone 905-825-1568; email 
jean.breed@goodrich.com; Internet http://www.goodrich.com/TechPubs.
    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.

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-
0483; 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: Cesar Gomez, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7318; 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-2014-0483; 
Directorate Identifier 2014-NM-082-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

[[Page 43323]]

personal information you provide. We will also post a report 
summarizing each substantive verbal contact we receive about this 
proposed AD.

Discussion

    On July 31, 2013, we issued AD 2013-16-08, Amendment 39-17546 (78 
FR 51055, August 20, 2013). AD 2013-16-08 requires actions intended to 
address an unsafe condition on certain Bombardier, Inc. Model CL-600-
2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 
(Regional Jet Series 705) airplanes, and Model CL-600-2D24 (Regional 
Jet Series 900) airplanes.
    Since we issued AD 2013-16-08, Amendment 39-17546 (78 FR 51055, 
August 20, 2013), we have determined that the MLG dressed shock strut 
was incorrectly identified as an MLG retraction actuator assembly in 
paragraph (k)(2) of the ``Parts Installation Limitations'' section in 
AD 2013-16-08. We have revised paragraph (k)(2) of this proposed AD 
accordingly.
    In addition, we corrected a typographical error in the service 
bulletin number specified in paragraph (j)(1)(iii) of AD 2013-16-08, 
Amendment 39-17546 (78 FR 51055, August 20, 2013), under ``Credit for 
Previous Actions.'' Bombardier Service Bulletin ``769BA-32-031'' was 
changed to Bombardier Service Bulletin ``670BA-32-031.''

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 an NPRM having 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 NPRM having 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 the 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, Transport Canada Civil Aviation (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 FAA-
approved. 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 391 airplanes of U.S. 
registry.
    The actions that were required by AD 2013-16-08, Amendment 39-17546 
(78 FR 51055, August 20, 2013), that are retained in this proposed AD 
take up to 16 work-hours per product, at an average labor rate of $85 
per work-hour. Required parts cost about $1,018 per product. Based on 
these figures, the estimated cost of the actions that are required by 
AD 2013-16-08 is $2,378 per product.
    The new requirements of this AD add no additional economic burden.
    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.

[[Page 43324]]

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.

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 removing Airworthiness Directive (AD) 
2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 2013), and 
adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2014-0483; Directorate Identifier 
2014-NM-082-AD.

(a) Comments Due Date

    We must receive comments by September 8, 2014.

(b) Affected ADs

    This AD replaces AD 2013-16-08, Amendment 39-17546 (78 FR 51055, 
August 20, 2013).

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 32: Landing 
Gear.

(e) Reason

    This AD was prompted by a report of corrosion of the components 
of the main landing gear (MLG) retraction actuator found in service; 
the corrosion was found at the interface of the rod end and the 
piston, and at the bracket and related pins. We are issuing this AD 
to prevent disconnection of the MLG retraction actuator, which could 
result in extension of the MLG without damping, and consequent 
structural damage and collapse of the MLG during landing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Inspection of the MLG Retraction Actuator and Corrective 
Actions With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 2013), with 
no changes. For any airplane with an MLG retraction actuator 
assembly having any part number and serial number identified in 
paragraph 1.A., Effectivity, of Bombardier Service Bulletin 670BA-
32-031, Revision C, dated April 17, 2012, except airplanes on which 
modification status ``32-64'' is marked on the identification plate: 
At the applicable time specified in paragraph (g)(1) or (g)(2) of 
this AD, perform a detailed inspection of the retraction actuator 
assembly for evidence of corrosion and security of the jam nut, as 
applicable, in accordance with Part A of the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision 
C, dated April 17, 2012; and Goodrich Service Bulletin 49600-32-63 
R1, dated May 17, 2011. If any corrosion or unsecured jam nut is 
found, before further flight, replace the retract actuator with a 
new or serviceable retract actuator; and install the retract 
actuator in accordance with Part A of the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision 
C, dated April 17, 2012. Repeat the inspection thereafter at 
intervals not to exceed 1,200 flight hours or 12 months, whichever 
occurs first.
    (1) For MLG retraction actuator assemblies on which, as of 
September 24, 2013 (the effective date of AD 2013-16-08, Amendment 
39-17546 (78 FR 51055, August 20, 2013)), 8,000 or more total flight 
hours have accumulated since new or since overhaul, or that have 
been in service for more than 4 years since new or since overhaul: 
Inspect within 1,200 flight hours or 12 months after September 24, 
2013, whichever occurs first.
    (2) For MLG retraction actuator assemblies on which, as of 
September 24, 2013 (the effective date of AD 2013-16-08, Amendment 
39-17546 (78 FR 51055, August 20, 2013)), less than 8,000 total 
flight hours have accumulated since new or since overhaul, and that 
have been in service for 4 years or less since new or since 
overhaul: Inspect before the accumulation of 9,200 total flight 
hours on the MLG retraction actuator assembly since new or since 
overhaul or within 5 years in service since new or since overhaul, 
whichever occurs first.

(h) Retained Inspection of MLG Retraction Actuator Bracket and Related 
Pins, and Corrective Actions With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 2013), with 
no changes. For any airplane with an MLG dressed shock strut having 
any part number and serial number identified in paragraph 1.A., 
Effectivity, of Bombardier Service Bulletin 670BA-32-033, Revision 
B, dated June 26, 2012: Within 4,400 flight hours or 24 months after 
September 24, 2013 (the effective date of AD 2013-16-08), whichever 
occurs first, perform a detailed inspection of the retract actuator 
bracket assembly, associated pins, and the mating lugs on the outer 
cylinder for evidence of corrosion, in accordance with Bombardier 
Service Bulletin 670BA-32-033, Revision B, dated June 26, 2012; and 
Goodrich Service Bulletin 49000-32-46 R2, dated November 11, 2011. 
Do all applicable corrective actions before further flight (i.e., 
replace retract actuator bracket assembly and pins, or outer 
cylinder lugs, as applicable).

(i) Retained Installation of New Jam Nut With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 2013), with 
no changes. For any airplane with an MLG retraction actuator 
assembly having any part number and serial number identified in 
paragraph 1.A., Effectivity, of Bombardier Service Bulletin 670BA-
32-031, Revision C, dated April 17, 2012, except airplanes on which 
modification status ``32-64'' is marked

[[Page 43325]]

on the identification plate: Within 20,000 flight hours or 10 years 
after September 24, 2013 (the effective date of AD 2013-16-08), 
whichever occurs first, install a new jam nut having part number 
49606-5, in accordance with Part B of the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-32-031, Revision 
C, dated April 17, 2012; and Goodrich Service Bulletin 49600-32-64 
R3, dated December 15, 2011.

(j) Retained Credit for Previous Actions With Change to Paragraph 
(j)(1)(iii) of This AD

    (1) This paragraph restates the credit provided by paragraph 
(j)(1) of AD 2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 
2013), with a change to the service information citation in 
paragraph (j)(1)(iii) of this AD. This paragraph provides credit for 
the actions required by paragraphs (g) and (i) of this AD, if those 
actions were performed before September 24, 2013 (the effective date 
of AD 2013-16-08), using the service information specified in 
paragraph (j)(1)(i), (j)(1)(ii), or (j)(1)(iii) of this AD, which is 
not incorporated by reference in this AD.
    (i) Bombardier Service Bulletin 670BA-32-031, dated March 14, 
2011.
    (ii) Bombardier Service Bulletin 670BA-32-031, Revision A, dated 
June 9, 2011.
    (iii) Bombardier Service Bulletin 670BA-32-031, Revision B, 
dated July 29, 2011.
    (2) This paragraph restates the credit provided by paragraph 
(j)(2) of AD 2013-16-08, Amendment 39-17546 (78 FR 51055, August 20, 
2013), with no changes. This paragraph provides credit for the 
actions required by paragraph (h) of this AD, if those actions were 
performed before September 24, 2013 (the effective date of AD 2013-
16-08), using the service information specified in paragraph 
(j)(2)(i) or (j)(2)(ii) of this AD, which is not incorporated by 
reference in this AD.
    (i) Bombardier Service Bulletin 670BA-32-033, dated March 14, 
2011.
    (ii) Bombardier Service Bulletin 670BA-32-033, Revision A, dated 
July 29, 2011.

(k) Retained Parts Installation Limitations With Change to Paragraph 
(k)(2) of This AD

    (1) This paragraph restates the parts installation limitation 
specified in paragraph (k)(1) of AD 2013-16-08, Amendment 39-17546 
(78 FR 51055, August 20, 2013), with no changes. As of September 24, 
2013 (the effective date of AD 2013-16-08), no person may install on 
any airplane an MLG retraction actuator assembly having any part 
number and serial number identified in paragraph 1.A., Effectivity, 
of Bombardier Service Bulletin 670BA-32-031, Revision C, dated April 
17, 2012, unless that retraction actuator assembly has been 
inspected as specified in paragraph (g) of this AD, and all 
applicable corrective actions (i.e., replacement of the retract 
actuator) specified in paragraph (g) of this AD have been done. 
Repeat the inspection specified in paragraph (g) of this AD 
thereafter at the intervals specified in paragraph (g) of this AD.
    (2) This paragraph restates the parts installation limitation 
specified in paragraph (k)(2) of AD 2013-16-08, Amendment 39-17546 
(78 FR 51055, August 20, 2013), with a revised part name. As of the 
effective date of this AD, no person may install on any airplane an 
MLG dressed shock strut having any part number and serial number 
identified in paragraph 1.A., Effectivity, of Bombardier Service 
Bulletin 670BA-32-033, Revision B, dated June 26, 2012, unless that 
retraction actuator assembly has been inspected and all applicable 
corrective actions have been done, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
033, Revision B, dated June 26, 2012.

(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) 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's TCCA Design Approval 
Organization (DAO). If approved by the DAO, the approval must 
include the DAO-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2011-36R1, dated October 
3, 2012, 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 Docket No. FAA-2014-0483.
    (2) For Bombardier 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.
    (3) For Goodrich service information identified in this AD, 
contact Goodrich Corporation, Landing Gear, 1400 South Service Road, 
West Oakville L6L 5Y7, Ontario, Canada; telephone 905-825-1568; 
email jean.breed@goodrich.com; Internet http://www.goodrich.com/TechPubs.

    Issued in Renton, Washington, on July 13, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-17550 Filed 7-24-14; 8:45 am]
BILLING CODE 4910-13-P
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