28130 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Alert Service Bulletin 737– 

28A1407, dated May 14, 2012. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P. O. Box 3707, MC 2H–65, 

Seattle, WA 98124–2207; telephone 206– 

544–5000, extension 1; fax 206–766–5680; 

Internet https://www.myboeingfleet.com. 

(4) You may review copies of the 

referenced service information at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on April 24, 

2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–10657 Filed 5–13–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1072; Directorate 

Identifier 2012–NM–141–AD; Amendment 

39–17449; AD 2013–09–07] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model CL–600–2B19 

(Regional Jet Series 100 & 440) 

airplanes. This AD was prompted by 

reports of two in-service incidents 

where the left main landing gear (MLG) 

failed to extend. This AD requires 

installing stopper plates on the aft 

uplock frames in the MLG bay adjacent 

to the right and left MLG uplock 

assemblies. We are issuing this AD to 

prevent incorrect installation of the 

upper bolt in the MLG uplock assembly, 

which could prevent the MLG from 

extending and could adversely affect the 

safe landing of the airplane. 

DATES: This AD becomes effective June 

18, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of June 18, 2013. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Cesar Gomez, 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; phone: 516–228–7328; 

fax: 516–794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on October 16, 2012 (77 FR 

63281). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The Mandatory Continuing 

Airworthiness Information (MCAI) 

states: 

There have been two reported in-service 

incidents where the left main landing gear 

(MLG) failed to extend. The investigation 

revealed that in both cases, the uplock 

assembly had been replaced prior to the inservice incidents and the upper bolt of the 

uplock assembly was incorrectly installed. 

The incorrect installation of the upper bolt 

resulted in the uplock assembly pivoting on 

the lower attachment bolt and preventing the 

MLG from extending under normal or 

alternate extension. 

The potential for an incorrect installation 

of the upper bolt could occur at both the left 

hand side (LHS) and/or the right hand side 

(RHS) MLG uplock assembly. Failure of the 

MLG to extend could adversely affect the safe 

landing of the aeroplane. 

This [Canadian] AD mandates the 

installation of stopper plates on the aft 

uplock frames in the MLG bay, adjacent to 

both the RHS and LHS MLG uplock 

assemblies, to prevent an incorrect 

installation of the MLG uplock assembly. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Actions Since the NPRM (77 FR 63281, 

October 16, 2012) Was Issued 

We have reviewed Bombardier 

Service Bulletin 601R–32–109, Revision 

A, dated February 26, 2013. In the 

NPRM (77 FR 63281, October 16, 2012), 

we referred to Bombardier Service 

Bulletin 601R–32–109, dated May 29, 

2012, as the appropriate source of 

service information for doing the actions 

specified in the NPRM. Revision A of 

the service information adds 

information for parts that are listed in 

paragraph 1.G. ‘‘Material—Price and 

Availability,’’ and small editorial 

changes that do not have an effect on 

the technical content of the service 

information. 

We have updated paragraphs (g) and 

(j) of this AD to refer to Bombardier 

Service Bulletin 601R–32–109, Revision 

A, dated February 26, 2013. We have 

also added a new paragraph (h) to this 

AD to give credit for actions done before 

the effective date of this AD, using 

Bombardier Service Bulletin 601R–32– 

109, dated May 29, 2012, and reidentified the subsequent paragraph 

identifiers accordingly. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

have considered the comments received. 

The National Transportation Safety 

Board supported the NPRM (77 FR 

63281, October 16, 2012). 

Request To Shorten the Compliance 

Time 

The Air Line Pilots Association 

International (ALPA) requested that the 

proposed compliance time in the NPRM 

(77 FR 63281, October 16, 2012) be 

shortened from ‘‘Within 5,500 flight 

hours or 48 months after the effective 

date of this AD, whichever occurs first 

. . . .’’ to ‘‘Within 2,400 flight hours or 

24 months after the effective date of the 

AD, whichever occurs first . . . .’’ The 

ALPA based its suggested compliance 

time on the two reported in-service 

incidents and the potential safety 

implication of landing with an MLG 

fully or partially retracted. 

We do not agree with the request to 

shorten the compliance time. The 

proposed compliance time in the NPRM 

(77 FR 63281, October 16, 2012) was 

based on a risk assessment completed 

by the airplane manufacturer, 

Bombardier, Inc. The risk was 

conservatively assessed with a 

compliance time of 6,000 flight hours, 

based on the estimated release date of 

Bombardier service information. 

Transport Canada Civil Aviation 

(TCCA), the State of Design Authority, 


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Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations 28131 

concurred with Bombardier, Inc.’s risk 

assessment. Bombardier, Inc. reduced 

the compliance time from 6,000 flight 

hours to 5,500 flight hours because the 

release date of the service information 

was delayed. Also, the compliance time 

of 5,500 flight hours or 48 months after 

the effective date of this AD, whichever 

occurs first, corresponds with the 

compliance time of parallel TCCA AD 

CF–2012–22, dated July 24, 2012. We 

have not changed the AD in this regard. 

Request To Add a Required Inspection 

Item 

The ALPA also recommended that, 

until operators have complied with the 

proposed AD (77 FR 63281, October 16, 

2012), the operators be required to have 

a Required Inspection Item for any 

maintenance work involving the upper 

MLG assembly. The ALPA 

recommended this requirement to 

ensure correct installation of the upper 

MLG assembly until the proposed AD is 

complied with. 

We do not agree with this 

recommendation. If operators properly 

follow the instructions in the airplane 

maintenance manual, the upper MLG 

uplock assembly will be correctly 

installed. In addition, Bombardier, Inc. 

issued All Operators Message No. 1307, 

dated September 6, 2011, to inform 

operators of the second in-flight MLG 

incident; and Service Letter CRJ100/ 

200/440–SL–32–046, dated October 11, 

2011, to provide additional information 

and recommendations to address the 

second in-flight MLG incident. We have 

not changed the AD in this regard. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously– 

and minor editorial changes. We have 

determined that these changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

63281, October 16, 2012) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 63281, 

October 16, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

574 products of U.S. registry. We also 

estimate that it will take about 5 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate the 

cost of this AD to the U.S. operators to 

be $243,950, or $425 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 AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

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 that this AD: 

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 AD and placed it in the AD docket. 

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 the NPRM (77 FR 63281, 

October 16, 2012), 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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 AD: 

2013–09–07 Bombardier, Inc.: Amendment 

39–17449. Docket No. FAA–2012–1072; 

Directorate Identifier 2012–NM–141–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective June 18, 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 through 7990 inclusive, and 

8000 through 8999 inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 32, Landing gear. 

(e) Reason 

This AD was prompted by reports of two 

in-service incidents where the left main 

landing gear (MLG) failed to extend. We are 

issuing this AD to prevent incorrect 

installation of the upper bolt in the MLG 

uplock assembly, which could prevent the 

MLG from extending and could adversely 

affect the safe landing 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) Installation of Stopper Plates 

Within 5,500 flight hours or 48 months 

after the effective date of this AD, whichever 

occurs first: Install stopper plates on the aft 

uplock frame of both the right and left MLG 

uplock assemblies, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 601R–32–109, Revision A, 

dated February 26, 2013. 

(h) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraph (g) of this AD, if those 

actions were performed before the effective 

date of this AD using Bombardier Service 


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28132 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations 

Bulletin 601R–32–109, dated May 29, 2012, 

which is not incorporated by reference in this 

AD. 

(i) 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. 

(j) Related Information 

(1) Refer to MCAI Canadian Airworthiness 

Directive CF–2012–22, dated July 24, 2012; 

and Bombardier Service Bulletin 601R–32– 

109, Revision A, dated February 26, 2013; for 

related information. 

(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. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Bombardier Service Bulletin 601R–32– 

109, Revision A, dated February 26, 2013. 

(ii) Reserved. 

(3) 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. 

(4) You may review copies of the 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. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on April 23, 

2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–10659 Filed 5–13–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–1242; Airspace 

Docket No. 11–AWP–16] 

Amendment of Class D Airspace; El 

Monte, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

airspace at El Monte Airport, El Monte, 

CA. This action, initiated by the FAA’s 

biennial review of the El Monte 

Airspace area, creates additional Class D 

airspace to accommodate aircraft 

departures and arrivals. This improves 

the safety and management of 

Instrument Flight Rules (IFR) operations 

at the airport. 

DATES: Effective date, 0901 UTC, August 

22, 2013. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR Part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: Rick 

Roberts, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA, 98057; 

telephone (425) 203–4517. 

SUPPLEMENTARY INFORMATION: 

History 

On March 4, 2013, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to amend 

Class D airspace at El Monte, CA (78 FR 

14031). Interested parties were invited 

to participate in this rulemaking effort 

by submitting written comments on the 

proposal to the FAA. No comments 

were received. 

Class D airspace designations are 

published in paragraph 5000, of FAA 

Order 7400.9W dated August 8, 2012, 

and effective September 15, 2012, which 

is incorporated by reference in 14 CFR 

71.1. The Class D airspace designations 

listed in this document will be 

published subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

amending Class D airspace at El Monte 

Airport, El Monte, CA. The FAA’s 

biennial review of the airspace found 

additional controlled airspace necessary 

laterally for the safety and management 

of aircraft departing and arriving under 

IFR operations at El Monte Airport, 

along with a reduction in the ceiling 

from 2,800 feet MSL to and including 

2,400 feet MSL due to arrivals to Los 

Angeles International Airport that 

overfly El Monte Airport. 

The FAA has determined this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified this rule, when promulgated, 

does not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. The FAA’s 

authority to issue rules regarding 

aviation safety is found in Title 49 of the 

U.S. Code. Subtitle 1, Section 106 

discusses the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. This 

rulemaking is promulgated under the 

authority described in Subtitle VII, Part 

A, Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends 

controlled airspace at El Monte Airport, 

El Monte, CA. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 


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