AD 2015-02-06

[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Rules and Regulations]
[Pages 5017-5020]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2015-01171]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0231; Directorate Identifier 2013-NM-163-AD; 
Amendment 39-18073; AD 2015-02-06]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model CL-600-2B16 (CL-604 Variant) airplanes. This AD 
was prompted by reports of loose, broken, or backed-out spur gear bolts 
on the horizontal stabilizer trim actuator (HSTA). This AD requires a 
revision to the airplane flight manual, a revision to the maintenance 
or inspection program, as applicable, and replacement of HSTAs having 
certain part numbers. We are issuing this AD to detect and correct 
loose spur gear bolts on the HSTA, which, if combined with the failure 
of the primary load path, could lead to failure of the HSTA and 
subsequent loss of the airplane.

DATES: This AD becomes effective March 6, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 6, 
2015.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2014-0231; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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#eb9f838fc5889981ab8a8e9984c5898486898a998f828e99c5888486"><span class="__cf_email__" data-cfemail="fb8f939fd5988991bb9a9e8994d5999496999a899f929e89d5989496">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>. 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.

FOR FURTHER INFORMATION CONTACT: Ricardo Garcia, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-28-7331; fax 516-794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Bombardier, Inc. 
Model CL-600-2B16 (CL-604 Variant) airplanes. The NPRM published in the 
Federal Register on April 15, 2014 (79 FR 21158). Transport Canada 
Civil Aviation (TCCA), which is the aviation authority for Canada, has 
issued Canadian Airworthiness Directive CF-2013-18, dated July 16, 2013 
(referred to

[[Page 5018]]

after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Bombardier, 
Inc. Model CL-600-2B16 (CL-604 Variant) airplanes. The MCAI states:

    There have been a number of reports where the HSTA spur gear 
bolts were found loose, broken or backed out. Investigation revealed 
that the root cause of the bolt loosening is due to incorrect 
bending of the anti-rotation tab washer and the improper application 
of Loctite glue during installation. Loose bolt(s) on the HSTA spur 
gear combined with the failure of the primary load path, could lead 
to failure of the HSTA and subsequent loss of the aeroplane.
    Bombardier Aerospace has introduced a modified HSTA [part 
number] P/N 604-92305-5 (vendor P/N 8454-2) to rectify the loose 
bolt problem. However, this modified HSTA has several quality 
control problems which could affect safety.
    This AD is issued to mandate the replacement of the affected 
HSTA with the new HSTA P/N 604-92305-7 (vendor P/N 8454-3).

    In addition to requiring the replacement of any HSTA having the 
affected part number, this AD requires revising both the airplane 
flight manual and airplane maintenance or inspection program.
    You may examine the MCAI in the AD docket on the Internet at <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2014-0231-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the NPRM (79 FR 
21158, April 15, 2014) and the FAA's response to the comment.

Request To Refer to Revised Service Information

    Mher Krikorian stated that the current revision of the service 
information is not referenced in the NPRM (79 FR 21158, April 15, 2014) 
and requested that the NPRM be revised to refer to Bombardier Service 
Bulletin 604-27-032, Revision 02, dated April 22, 2014; and Bombardier 
Service Bulletin 605-27-002, Revision 02, dated April 22, 2014. Mr. 
Krikorian suggested that referring to the current revision of the 
service information would help to avoid requests for approval of 
alternative methods of compliance.
    We agree with the commenter's request and have revised paragraph 
(j) of this AD to refer to Bombardier Service Bulletin 604-27-032, 
Revision 02, dated April 22, 2014; and Bombardier Service Bulletin 605-
27-002, Revision 02, dated April 22, 2014. The revised service 
information includes only minor changes and does not include any 
substantive changes or new actions. We also added a new paragraph (k) 
to this AD to provide credit for actions accomplished prior to the 
effective date of this AD using Bombardier Service Bulletin 604-27-032, 
dated September 10, 2012; 604-27-032, Revision 01, dated April 29, 
2013; 605-27-002, dated September 10, 2012; or Bombardier Service 
Bulletin 605-27-002, Revision 01, April 29, 2013; as applicable. We 
redesignated the subsequent paragraphs accordingly.

``Contacting the Manufacturer'' Paragraph in This 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.
    We have become 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 AD to obtain corrective actions from a 
manufacturer, the actions must be accomplished using a method approved 
by the FAA, TCCA, or Bombardier, Inc.'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 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.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``design approval holder (DAH) with State of 
Design Authority design organization approval,'' but instead we have 
provided the specific delegation approval granted by the State of 
Design Authority for the DAH throughout this AD.

Additional Changes to This AD

    We revised paragraph (h) of this AD to require operators to revise 
the maintenance or inspection program, as applicable, by incorporating 
procedures for an Operational Test (BITE) of the Horizontal Stabilizer 
Trim Controls System (HSTCS), in accordance with a method approved by 
the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s 
TCCA DAO. Bombardier Task 27-41-00-101, Operational Test (BITE) of the 
Horizontal Stabilizer Trim Controls System (HSTCS), is referenced as 
guidance material in new Note 1 to paragraph (h) of this AD.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD with the changes described previously, and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (79 FR 21158, April 15, 2014) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already

[[Page 5019]]

proposed in the NPRM (79 FR 21158, April 15, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information

    We reviewed Bombardier Temporary Revision (TR) 604/37, dated May 
21, 2013, to the Bombardier Challenger CL-604 Airplane Flight Manual, 
PSP 604-1; and Bombardier TR 605/18, dated May 21, 2013, to the 
Bombardier Challenger CL-605 Airplane Flight Manual, PSP 605-1. This 
service information describes procedures for the stabilizer trim system 
check. We also reviewed Bombardier Service Bulletin 604-27-032, 
Revision 02, dated April 22, 2014; and Bombardier Service Bulletin 605-
27-002, Revision 02, dated April 22, 2014. This service information 
describes procedures for replacing HSTAs. You can find this information 
at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2014-0231.

Costs of Compliance

    We estimate that this AD affects 125 airplanes of U.S. registry.
    We also estimate that it will take about 21 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $0 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $223,125, or $1,785 per product.
    According to the manufacturer, some of the costs of this 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.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2014-0231; 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 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.

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 airworthiness 
directive (AD):

2014-02-06 Bombardier, Inc.: Amendment 39-18073. Docket No. FAA-
2014-0231; Directorate Identifier 2013-NM-163-AD.

(a) Effective Date

    This AD becomes effective March 6, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B16 (CL-604 
Variant) airplanes, certificated in any category, serial numbers 
5301 and subsequent, equipped with horizontal stabilizer trim 
actuator (HSTA) part number (P/N) 604-92305-3 (vendor P/N 8454-1) or 
P/N 604-92305-5 (vendor P/N 8454-2).

(d) Subject

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

(e) Reason

    This AD was prompted by reports of loose, broken, or backed out 
spur gear bolts on the horizontal stabilizer trim actuator (HSTA). 
We are issuing this AD to detect and correct loose spur gear bolts 
on the HSTA, which, if combined with the failure of the primary load 
path, could lead to failure of the HSTA and subsequent loss of the 
airplane.

(f) Compliance

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

(g) Airplane Flight Manual (AFM) Revision

    Within 30 days after the effective date of this AD, revise the 
Normal Procedures section of the applicable Bombardier AFM to 
include the information in the applicable temporary revision (TR) 
specified in paragraph (g)(1) or (g)(2) of this AD. The TRs 
introduce revised procedures for the stabilizer trim system check. 
Operate the airplane according to the limitations and procedures in 
the applicable TR. The revision may be done by inserting a copy of 
the applicable TR specified in paragraph (g)(1) or (g)(2) of this AD 
into the AFM. When the TR has been included in the general revisions 
of the AFM, the general revisions may be inserted into the AFM, 
provided the relevant information in the general revision is 
identical to that in the applicable TR, and the TR may be removed.
    (1) Bombardier Temporary Revision (TR) 604/37, dated May 21, 
2013, to the Bombardier Challenger CL-604 Airplane Flight Manual, 
PSP 604-1.
    (2) Bombardier TR 605/18, dated May 21, 2013, to the Bombardier 
Challenger CL-605 Airplane Flight Manual, PSP 605-1.

(h) Maintenance or Inspection Program Revision

    Within 30 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, by incorporating 
procedures for an Operational Test (BITE) of the Horizontal 
Stabilizer Trim Controls System (HSTCS), in accordance with a method 
approved by the Manager, New York Aircraft Certification Office 
(ACO),

[[Page 5020]]

ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). The 
initial compliance time for the operational test is within 100 
flight hours after the effective date of this AD.
    Note 1 to paragraph (h) of this AD: Bombardier Task 27-41-00-
101, Operational Test (BITE) of the Horizontal Stabilizer Trim 
Controls System (HSTCS), provides guidance for the operational test 
specified in paragraph (h) of this AD. Bombardier Task 27-41-00-101 
is included in the Bombardier Challenger 604 Time Limits/Maintenance 
Checks (TLMC) Manual; and in the Bombardier Challenger 605 TLMC 
Manual.

(i) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised, as 
required by paragraph (h) 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 (m)(1) of 
this AD.

(j) HSTA Replacement

    For airplanes equipped with a HSTA having P/N 604-92305-3 
(vendor P/N 845401) or P/N 604-92305-5 (vendor P/N 8454-2): Within 
3,000 flight hours or 26 months after the effective date of this AD, 
whichever occurs first, replace any HSTA having P/N 604-92305-3 
(vendor P/N 845401) or P/N 604-92305-5 (vendor P/N 8454-2) with a 
HSTA having P/N 604-92305-7 (vendor P/N 8454-3), in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 604-
27-032, Revision 02, dated April 22, 2014; or Bombardier Service 
Bulletin 605-27-002, Revision 02, dated April 22, 2014; as 
applicable.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (j) of this AD if those actions were performed before the 
effective date of this AD using the service information identified 
in paragraphs (k)(1) through (k)(4) of this AD, as applicable. This 
service information is not incorporated by reference in this AD.
    (1) Bombardier Service Bulletin 604-27-032, dated September 10, 
2012.
    (2) Bombardier Service Bulletin 604-27-032, Revision 01, dated 
April 29, 2013.
    (3) Bombardier Service Bulletin 605-27-002, dated September 10, 
2012.
    (4) Bombardier Service Bulletin 605-27-002, Revision 01, April 
29, 2013.

(l) Parts Installation Prohibition

    As of the effective date of this AD, no person may install any 
HSTA having P/N 604-92305-3 (vendor P/N 8454-1) or 604-92305-5 
(vendor P/N 8454-2) on any airplane.

(m) 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) 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; or TCCA; or Bombardier, Inc.'s TCCA Design DAO. If approved 
by the DAO, the approval must include the DAO-authorized signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2013-18 dated July 16, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2014-0231-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (o)(3) and (o)(4) of this AD.

(o) 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 this AD specifies otherwise.
    (i) Bombardier Service Bulletin 604-27-032, Revision 02, dated 
April 22, 2014.
    (ii) Bombardier Service Bulletin 605-27-002, Revision 02, dated 
April 22, 2014.
    (iii) Bombardier Temporary Revision 604/37, dated May 21, 2013, 
to the Bombardier Challenger CL-604 Airplane Flight Manual, PSP 604-
1.
    (iv) Bombardier Temporary Revision 605/18, dated May 21, 2013, 
to the Bombardier Challenger CL-605 Airplane Flight Manual, PSP 605-
1.
    (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#9aeef2feb4f9e8f0dafbffe8f5b4f8f5f7f8fbe8fef3ffe8b4f9f5f7"><span class="__cf_email__" data-cfemail="d0a4b8b4feb3a2ba90b1b5a2bffeb2bfbdb2b1a2b4b9b5a2feb3bfbd">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (4) 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.
    (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 January 11, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-01171 Filed 1-29-15; 8:45 am]
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