AD 2016-23-07

[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Rules and Regulations]
[Pages 85121-85124]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2016-27643]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-7427; Directorate Identifier 2016-NM-041-AD; 
Amendment 39-18714; AD 2016-23-07]
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 superseding Airworthiness Directive (AD) 2013-02-08 for 
all Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. AD 2013-02-08 required inspection of the trunnions and upper 
and lower pins of the horizontal stabilizer trim actuator (HSTA), and 
replacement or re-identification if necessary; and revision of the 
maintenance program to include safe life limits and inspection 
requirements for the HSTA. This new AD requires certain actions related 
to the trunnions and pins for the HSTA, revising the maintenance or 
inspection program, and removing certain airplanes from the 
applicability. This AD was prompted by a determination that not all 
affected attachment pins and trunnions were included in the inspections 
required by AD 2016-02-08, and that incorrect attachment hardware may 
have been used in replacements on certain airplanes. We are issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective December 30, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 30, 
2016.

ADDRESSES: For service information identified in this final rule, 
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#b0c4d8d49ed3c2daf0d1d5c2df9ed2dfddd2d1c2d4d9d5c29ed3dfdd"><span class="__cf_email__" data-cfemail="56223e327835243c16373324397834393b343724323f33247835393b">[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. It is also available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
7427.

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> by searching for and locating Docket No. FAA-2016-
7427; 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 address for the Docket Office (telephone 800-
647-5527) is 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 20590.

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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2013-02-08, Amendment 39-17329 (78 FR 7647, 
February 4, 2013) (``AD 2013-02-08''). AD 2013-02-08 applied to all 
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. The NPRM published in the Federal Register on July 15, 2016 
(81 FR 45992). The NPRM was prompted by a determination that not all 
affected attachment pins and trunnions were included in the required 
inspections. In addition, for certain airplanes on which the 
replacement in AD 2013-02-08 was done, incorrect attachment hardware 
may have been used. The NPRM proposed to require measuring the diameter 
of certain bolts and attach holes, and, as applicable, measuring the 
diameter of the attach holes in the trunnions and pins; doing detailed 
visual inspections of the trunnions, pins, and spacers; doing 
corrective actions; and re-identifying trunnions and pins. The NPRM 
also proposed to

[[Page 85122]]

require revising the maintenance or inspection program, and to remove 
certain airplanes from the applicability. We are issuing this AD to 
prevent failure of the attachment pins and trunnions of the HSTA. This 
condition could result in separation of the horizontal stabilizer, and 
consequent loss of control of the airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2016-08, effective March 30, 2016 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Bombardier, Inc. Model CL-600-
2B19 (Regional Jet Series 100 & 440) airplanes. The MCAI states:

    After the issuance of [Canadian] AD CF-2011-45, it was 
discovered that the [Canadian] AD did not address all affected 
Horizontal Stabilizer Tim Actuator (HSTA) attachment pins and 
trunnions. In addition, it is possible that aeroplanes having 
incorporated the Initial issue or Revision A, of Bombardier Service 
Bulletin (SB) 601R-27-160 used incorrect attachment hardware to re-
install the HSTA attachment pins or trunnions.
    This [Canadian] AD mandates the inspection and rectification, as 
required, and the re-identification, as required, of the HSTA pins 
and trunnions and incorporation of a revised Airworthiness 
Limitation task.

    The required actions include measuring the diameter of certain 
bolts and attach holes, and, as applicable, measuring the diameter of 
the attach holes in the trunnions and pins; doing detailed visual 
inspections of the trunnions, pins, and spacers; doing corrective 
actions; and re-identifying trunnions and pins. Corrective actions 
include replacing bolts, trunnions, pins, and spacers; increasing the 
diameter of the attach holes; and repairing trunnions and pins.
    The required actions also include revising the maintenance or 
inspection program.
    You may examine the MCAI in the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
7427.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the NPRM and 
the FAA's response.

Request for Acknowledgement of Previously Approved Method for Part 
Marking

    Air Wisconsin Airlines (Air Wisconsin) requested that the 
previously approved alternative method of compliance (AMOC) for part 
marking (re-identifying trunnions and pins) be acknowledged and 
approved for accomplishing the proposed re-identification of trunnions 
and pins. Air Wisconsin indicated that it has already performed the 
inspection and part marking on the parts as required by AD 2013-02-08 
and marked the parts using a method approved by an AMOC.
    We do not agree with the request. This AD does not retain the 
requirements of AD 2013-02-08 and instead requires new actions 
(measurements, inspections, corrective actions, and re-identification 
of parts). The new actions address all affected HSTA pins and trunnions 
and ensure that the correct attachment hardware is used for the re-
installation of pins and trunnions. Existing AMOCs, including those 
that have part marking procedures, might not be acceptable for 
compliance with the requirements of this AD. We have made no changes to 
this final rule regarding this issue. However, under the provisions of 
paragraph (l)(1) of this AD, we may approve requests for alternative 
procedures if data are submitted to substantiate that those procedures 
would provide an acceptable level of safety.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting 
this AD as proposed except for minor editorial changes. We have 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information:
    <bullet> Bombardier Service Bulletin 601R-27-160, Revision D, dated 
October 22, 2015. The service information describes procedures for 
measuring the diameter of certain bolts and attach holes, and, as 
applicable, measuring the diameter of the attach holes in the trunnions 
and pins; doing detailed visual inspections of the trunnions, pins, and 
spacers; doing corrective actions; and re-identifying trunnions and 
pins.
    <bullet> Bombardier CL-600-2B19 Airworthiness Requirements 
Temporary Revision 2B-2245, dated September 16, 2014. The service 
information describes safe life limits for the HSTA trunnion support 
and attaching hardware.
    <bullet> Bombardier CL-600-2B19 Airworthiness Requirements 
Temporary Revision 2B-2186, dated August 8, 2011. The service 
information describes an inspection of the upper and lower installation 
pins of the horizontal stabilizer pitch trim actuator.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 489 airplanes of U.S. registry.
    We estimate that it takes about 8 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 
on U.S. operators to be $332,520, or $680 per product.
    In addition, we estimate that any necessary follow-on actions take 
about 20 work-hours and require parts costing $4,391, for a cost of 
$6,091 per product. We have no way of determining the number of 
products that may need these actions.

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.

[[Page 85123]]

    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.

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 removing Airworthiness Directive (AD) 
2013-02-08, Amendment 39-17329 (78 FR 7647, February 4, 2013), and 
adding the following new AD:

2016-23-07 Bombardier, Inc.: Amendment 39-18714; Docket No. FAA-
2016-7427; Directorate Identifier 2016-NM-041-AD.

(a) Effective Date

    This AD is effective December 30, 2016

 (b) Affected ADs

    This AD replaces AD 2013-02-08, Amendment 39-17329 (78 FR 7647, 
February 4, 2013) (``AD 2013-02-08'').

 (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 8113 inclusive.

 (d) Subject

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

 (e) Reason

    This AD was prompted by a determination that not all affected 
attachment pins and trunnions were included in the inspections 
required by AD 2013-02-08, and that incorrect attachment hardware 
may have been used in replacements on certain airplanes. We are 
issuing this AD to prevent failure of the attachment pins and 
trunnions of the horizontal stabilizer trim actuator (HSTA), which 
could result in separation of the horizontal stabilizer, and 
consequent loss of control of the airplane.

 (f) Compliance

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

 (g) Inspection

    (1) For airplanes on which the detailed inspection specified in 
Bombardier Service Bulletin 601R-27-160, dated September 29, 2011; 
or Bombardier Service Bulletin 601R-27-160, Revision A, dated 
October 3, 2012; has not been done as of the effective date of this 
AD: At the earliest of the times specified in paragraphs (g)(1)(i), 
(g)(1)(ii), and (g)(1)(iii) of this AD, measure the diameter of the 
bolts that attach the trunnions and pins; measure the diameter of 
the attach holes in the airplane structure, and, as applicable, 
measure the diameter of the attach holes in the trunnions and pins; 
do detailed visual inspections for gouges, scratches, and corrosion 
of the trunnions and pins; do detailed visual inspections for damage 
of the spacers; do corrective actions; and re-identify trunnions and 
pins; in accordance with Part A of the Accomplishment Instructions 
of Bombardier Service Bulletin 601R-27-160, Revision D, dated 
October 22, 2015; except as required by paragraph (h) of this AD. Do 
all applicable corrective actions before further flight.
    (i) Within 5,000 flight hours after March 11, 2013 (the 
effective date of AD 2013-02-08).
    (ii) Within 60 months after March 11, 2013 (the effective date 
of AD 2013-02-08).
    (iii) Before the accumulation of 40,000 total flight cycles, or 
within 60 days after March 11, 2013 (the effective date of AD 2013-
02-08), whichever occurs later.
    (2) For airplanes on which the detailed inspection specified in 
Bombardier Service Bulletin 601R-27-160, dated September 29, 2011; 
or Bombardier Service Bulletin 601R-27-160, Revision A, dated 
October 3, 2012; has been done as of the effective date of this AD: 
Within 9,600 flight hours or 60 months after the effective date of 
this AD, whichever occurs first, measure the diameter of the bolts 
that attach the trunnions and pins; measure the diameter of the 
attach holes in the airplane structure, and, as applicable, measure 
the diameter of the attach holes in the trunnions and pins; do 
detailed visual inspections for gouges, scratches, and corrosion of 
the trunnions and pins; do detailed visual inspections for damage of 
the spacers; do corrective actions; and re-identify trunnions and 
pins; in accordance with Part B of the Accomplishment Instructions 
of Bombardier Service Bulletin 601R-27-160, Revision D, dated 
October 22, 2015, except as required by paragraph (h) of this AD. Do 
all applicable corrective actions before further flight.

 (h) Exception to Service Information

    Where Bombardier Service Bulletin 601R-27-160, Revision D, dated 
October 22, 2015, specifies to contact Bombardier for disposition, 
before further flight, repair in accordance with the requirements of 
paragraph (l)(2) of this AD.

 (i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using the service information identified 
in paragraphs (i)(1) and (i)(2) of this AD.
    (1) Bombardier Service Bulletin 601R-27-160, Revision B, dated 
February 20, 2015.
    (2) Bombardier Service Bulletin 601R-27-160, Revision C, dated 
May 3, 2015.

 (j) Revision of Maintenance or Inspection Program

    (1) Within 30 days after March 11, 2013 (the effective date of 
AD 2013-02-08), revise the maintenance or inspection program, as 
applicable, to incorporate the information specified in Bombardier 
CL-600-2B19 Airworthiness Requirements Temporary Revision 2B-2186, 
dated August 8, 2011. The compliance time for doing the initial 
inspection of the upper and lower installation pins of the 
horizontal stabilizer pitch trim actuator is before the accumulation 
of 40,000 landings or within 60 days after March 11, 2013, whichever 
occurs later.
    (2) Within 30 days after the effective date of this AD, revise 
the maintenance or inspection program, as applicable, to incorporate 
the information specified in Bombardier CL-600-2B19 Airworthiness 
Requirements Temporary Revision 2B-2245, dated September 16, 2014. 
The compliance time for doing the initial replacement for the HSTA 
trunnion support and attaching hardware is before the accumulation 
of 80,000 landings or within 60 days after the effective date of 
this AD, whichever occurs later.

 (k) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (j) 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 (l)(1) of this AD.

 (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.

[[Page 85124]]

    (2) Contacting the Manufacturer: As of the effective date of 
this AD, 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, Inc.'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-2016-08, effective March 
30, 2016, for related information. This MCAI may be found in the AD 
docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2016-7427.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

 (n) 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 601R-27-160, Revision D, dated 
October 22, 2015.
    (ii) Bombardier CL-600-2B19 Airworthiness Requirements Temporary 
Revision 2B-2245, dated September 16, 2014.
    (iii) Bombardier CL-600-2B19 Airworthiness Requirements 
Temporary Revision 2B-2186, dated August 8, 2011.
    (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#bdc9d5d993decfd7fddcd8cfd293dfd2d0dfdccfd9d4d8cf93ded2d0"><span class="__cf_email__" data-cfemail="dfabb7bbf1bcadb59fbebaadb0f1bdb0b2bdbeadbbb6baadf1bcb0b2">[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 November 8, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-27643 Filed 11-23-16; 8:45 am]
 BILLING CODE 4910-13-P