Airworthiness Directives; Bombardier, Inc. Airplanes, 28130-28132 [2013-10659]
Download as PDF
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: https://
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:25 May 13, 2013
Jkt 229001
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.
Actions Since the NPRM (77 FR 63281,
October 16, 2012) Was Issued
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.
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.
SUPPLEMENTARY INFORMATION:
Comments
Discussion
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).
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.
DATES:
You may examine the AD
docket on the Internet at https://
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
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.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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,
E:\FR\FM\14MYR1.SGM
14MYR1
Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations
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).
wreier-aviles on DSK5TPTVN1PROD with RULES
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.
VerDate Mar<15>2010
15:25 May 13, 2013
Jkt 229001
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 https://
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.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
28131
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
E:\FR\FM\14MYR1.SGM
14MYR1
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.
wreier-aviles on DSK5TPTVN1PROD with RULES
(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
ˆ
this AD, contact Bombardier, Inc., 400 Cote´
Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; telephone 514–855–5000; fax 514
855–7401; email
thd.crj@aero.bombardier.com; Internet https://
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
ˆ
this AD, contact Bombardier, Inc., 400 Cote´
Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; telephone 514–855–5000; fax 514
855–7401; email
thd.crj@aero.bombardier.com; Internet https://
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.
VerDate Mar<15>2010
15:25 May 13, 2013
Jkt 229001
(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: https://
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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:
SUMMARY:
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
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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,’’
E:\FR\FM\14MYR1.SGM
14MYR1
Agencies
[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Rules and Regulations]
[Pages 28130-28132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10659]
-----------------------------------------------------------------------
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 https://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 in-service 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 re-identified 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,
[[Page 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 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 $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 https://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
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:
2013-09-07 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
[[Page 28132]]
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 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 https://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 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 https://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: https://www.archives.gov/federal-register/cfr/ibr-locations.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