AD 2013-11-03

[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Rules and Regulations]
[Pages 32353-32355]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-12615]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0426; Directorate Identifier 2013-NM-084-AD; 
Amendment 39-17463; AD 2013-11-03]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final Rule; Request for Comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model CL-215-1A10 and CL-215-6B11 (CL-215T Variant) 
airplanes. This AD requires repetitive detailed inspections for 
cracking of the left-hand (LH) and right-hand (RH) wing lower skin, and 
repair if necessary. This AD also provides terminating action for the 
repetitive detailed inspections. This AD was prompted by reports of a 
fractured wing lower rear spar cap and reinforcing strap. We are 
issuing this AD to detect and correct cracked wing structure, which 
could result in failure of the wing.

DATES: This AD becomes effective June 14, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 14, 
2013.
    We must receive comments on this AD by July 15, 2013.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 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 (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone (516) 228-7331; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Emergency Canadian Airworthiness 
Directive CF-2013-11, dated April 17, 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:

    While performing modifications on a CL-215-1A10 aeroplane, an 
operator discovered that the wing lower rear spar cap and 
reinforcing strap were fractured at Wing Stations (WS) 49.5 and 50 
respectively and the rear spar web and wing lower skin were also 
cracked. It is suspected that a crack initiated at the wing lower 
spar cap, leading to its failure, the subsequent failure of the 
reinforcing strap and cracking of the spar web and wing lower skin. 
The damage was outside of the area addressed by the repetitive 
ultrasonic inspections required by AD CF-1992-26R2 [which 
corresponds to FAA AD 2012-11-04, Amendment 39-17067 (77 FR 32892, 
June 4, 2012)] and was found 95 hours air time after the last 
ultrasonic inspection.
    Failure and cracking of the above-noted wing structure, if not 
detected, could result in failure of the wing. In order to mitigate 
the unsafe condition, this [Canadian] AD mandates a repetitive 
[detailed] visual inspection [for cracking] of the wing lower skin 
until an eddy current inspection [for cracking] of the [LH and RH 
wing lower front and rear] spar cap[s] is performed or a [detailed] 
visual inspection [for cracking] of the wing structures [i.e., the 
LH and RH wing lower skin, front and rear spar caps, front and rear 
spar webs, and reinforcing straps] is performed by removing the fuel 
bladder[, and repair if any cracking is found during any 
inspection]. Transport Canada may mandate additional corrective 
actions pending the outcome of the failure investigation and fleet 
findings. The requirements of AD CF-1992-26R2 remain applicable.

The terminating action is doing either a detailed inspection for 
cracking of the LH and RH wing lower skin, front and rear spar caps, 
front and rear spar webs,

[[Page 32354]]

and reinforcing straps or an optional eddy-current inspection for 
cracking of the LH and RH wing lower front and rear spar caps and 
repair if necessary. You may obtain further information by examining 
the MCAI in the AD docket.

Relevant Service Information

    Bombardier, Inc. has issued Alert Service Bulletin 215-A558, 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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the AD and the MCAI or Service Information

    The service information specifies to contact the manufacturer for 
instructions on how to repair certain conditions, but this AD requires 
repairing those conditions using a method approved by the FAA or TCCA 
(or its delegated agent).

Interim Action

    We considered this AD interim action. The inspection reports that 
are required by this AD will enable us to obtain better insight into 
the nature, cause, and extent of the cracking, and eventually to 
develop final action to address the unsafe condition. Once final action 
has been identified, we might consider further rulemaking.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because an 
operator discovered that the wing lower rear spar cap and reinforcing 
strap were fractured at WS 49.5 and 50 respectively, and that the rear 
spar web and wing lower skin were also cracked. Failure and cracking of 
the wing structure, if not detected, could result in failure of the 
wing. Therefore, we determined that notice and opportunity for public 
comment before issuing this AD are impracticable and that good cause 
exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2013-0426; Directorate 
Identifier 2013-NM-084-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 5 products of U.S. registry. 
We also estimate that it will take up to 20 work-hours 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 $8,500, or $1,700 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this 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 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.

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

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:

2013-11-03 Bombardier, Inc.: Amendment 39-17463. Docket No. FAA-
2013-0426; Directorate Identifier 2013-NM-084-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 14, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-215-1A10 airplanes, 
serial numbers (S/Ns) 1001 through 1125 inclusive; and Model CL-215-
6B11 (CL-215T Variant) airplanes, S/Ns 1056 through 1125 inclusive; 
certificated in any category.

[[Page 32355]]

(d) Subject

    Air Transport Association (ATA) of America Code 57; Wings.

(e) Reason

    This AD was prompted by reports of a fractured wing lower rear 
spar cap and reinforcing strap. We are issuing this AD to detect and 
correct cracked wing structure, which could result in failure of the 
wing.

(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) Inspection and Repair

    Within 10 flight hours after the effective date of this AD, do a 
detailed inspection for cracking of the left-hand (LH) and right-
hand (RH) wing lower skin between wing stations (WS) 45.00 and 
51.00, in accordance with Part A of Bombardier Alert Service 
Bulletin 215-A558, dated April 5, 2013. Repeat the inspection 
thereafter at intervals not to exceed 25 flight hours, until the 
inspection specified in paragraph (h)(1) or (h)(2) of this AD has 
been accomplished. If any cracking is found during the inspection 
required by paragraph (g) of this AD, before further flight, repair 
the crack using a method approved by the Manager, New York Aircraft 
Certification Office (ACO), FAA; or Transport Canada Civil Aviation 
(TCCA) (or its delegated agent).

(h) Optional Terminating Actions

    (1) Accomplishing a one-time detailed inspection for cracking of 
the LH and RH wing lower skin, front and rear spar caps, front and 
rear spar webs, and reinforcing straps, in accordance with Part B of 
Bombardier Alert Service Bulletin 215-A558, dated April 5, 2013, 
terminates the actions required by paragraph (g) of this AD. If any 
cracking is found during the one-time detailed inspection, before 
further flight, repair the crack using a method approved by the 
Manager, New York ACO, FAA; or TCCA (or its delegated agent).
    (2) Accomplishing a one-time eddy current inspection for 
cracking of the LH and RH wing lower front and rear spar caps, in 
accordance with paragraph 3.B. and paragraphs 4. through 9. (Part C-
1), and paragraphs 10. through 16. (Part C-2), of Bombardier Alert 
Service Bulletin 215-A558, dated April 5, 2013, terminates the 
actions required by paragraph (g) of this AD. If any cracking is 
found during the one-time eddy current inspection, before further 
flight, repair the crack using a method approved by the Manager, New 
York ACO, FAA; or TCCA (or its delegated agent).

(i) Reporting Requirement

    Submit a report of the crack findings of the inspections 
specified in paragraphs (g), (h)(1), and (h)(2) of this AD to 
Bombardier Aerospace Specialized and Amphibious Aircraft Technical 
Support at email: <a href="/cdn-cgi/l/email-protection#cda0b9a1e3beacace3b9a8aea5e3beb8bdbda2bfb98daca8bfa2e3afa2a0afacbfa9a4a8bfe3aea2a0"><span class="__cf_email__" data-cfemail="6a071e0644190b0b441e0f090244191f1a1a05181e2a0b0f180544080507080b180e030f1844090507">[email&#160;protected]</span></a>. Submit 
the report at the applicable time specified in paragraph (i)(1) or 
(i)(2) of this AD. The report must include the inspection results, a 
description of any discrepancies found, the airplane serial number, 
and the number of landings and flight hours on the airplane.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 14 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 14 days after the effective date of 
this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York 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.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information Canadian 
Emergency Airworthiness Directive CF-2013-11, dated April 17, 2013; 
and Bombardier Alert Service Bulletin 215-A558, dated April 5, 2013; 
for related information.

(l) 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 Alert Service Bulletin 215-A558, dated April 5, 
2013.
    (ii) Reserved.
    (3) 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 <a href="/cdn-cgi/l/email-protection#b5c1ddd19bd6c7dff5d4d0c7da9bd7dad8d7d4c7d1dcd0c79bd6dad8"><span class="__cf_email__" data-cfemail="44302c206a27362e042521362b6a262b29262536202d21366a272b29">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on May 17, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-12615 Filed 5-29-13; 8:45 am]
BILLING CODE 4910-13-P