[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Rules and Regulations]
[Pages 51335-51338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23346]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0562; Product Identifier 2017-NM-027-AD; Amendment 
39-19088; AD 2017-22-08]
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-600-2C10 (Regional Jet Series 700, 701, & 
702), Model CL-600-2D15 (Regional Jet Series 705), Model CL-600-2D24 
(Regional Jet Series 900), and Model CL-600-2E25 (Regional Jet Series 
1000) airplanes. This AD was prompted by a report indicating that a 
number of rubber bull gear (RBG) wheels installed in the horizontal 
stabilizer trim actuator (HSTA) were manufactured using an incorrect 
material specification. This AD requires replacement of the affected 
RBG wheels. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective December 11, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 11, 
2017.

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; Widebody Customer Response Center North 
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax 514-855-7401; email [email protected]; 
Internet http://www.bombardier.com. You may view this referenced 
service information at the FAA, Transport Standards Branch, 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 http://www.regulations.gov by searching for and locating 
Docket No. FAA-2017-0562.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0562; 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 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: Aziz Ahmed, Aerospace Engineer, 
Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7329; 
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-600-2C10 (Regional Jet Series 700, 701, & 702), Model CL-600-
2D15 (Regional Jet Series 705), Model CL-600-2D24 (Regional Jet Series 
900), and Model CL-600-2E25 (Regional Jet Series 1000). The NPRM 
published in the Federal Register on June 21, 2017 (82 FR 28266) (``the 
NPRM''). The NPRM was prompted by a report indicating that a number of 
RBG wheels installed in the HSTA were manufactured using an incorrect 
material specification. The NPRM proposed to require replacement of the 
affected RBG wheels. We are

[[Page 51336]]

issuing this AD to prevent premature wear-out of the teeth of the RBG 
wheels, which could cause difficulties in maneuvering the airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2016-22, dated June 24, 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-600-2C10 
(Regional Jet Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet 
Series 705), Model CL-600-2D24 (Regional Jet Series 900), and Model CL-
600-2E25 (Regional Jet Series 1000) airplanes. The MCAI states:

    An inspection by the vendor revealed that a number of Rubber 
Bull Gear (RBG) Wheels installed in the Horizontal Stabilizer Trim 
Actuator (HSTA) of the CL-600-2C10, CL-600-2D15, CL-600-2D24 and CL-
600-2E25 aeroplanes were manufactured from the incorrect material 
specification. The use of the incorrect material specification has a 
direct impact on the RBG Wheels life limit. The teeth of these non-
conforming RBG Wheels may experience premature wear out and if not 
corrected, this condition could result in difficulties in 
maneuvering the aeroplane.
    This [Canadian] AD mandates replacement of the RBGs whose wheels 
have been made using an incorrect material specification.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0562.

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 To Revise Compliance Times

    Air Line Pilots Association, International (ALPA) requested that we 
review and revise the compliance times specified in the proposed AD to 
reflect flight hours rather than flight cycles, and to align the times 
with a previous AD, AD 2011-12-06, Amendment 39-16713 (76 FR 33982, 
June 10, 2011) (``AD 2011-12-06''). The commenter asserted that the 
compliance times in AD 2011-12-06 were more conservative than what is 
written in the proposed AD, and that for a component with a known 
material defect that is continuously used throughout the duration of 
any given flight, flight hours rather than flight cycles would be a 
more appropriate metric to measure compliance time.
    We disagree with the commenter's proposed change. We reviewed 
TCCA's evaluation of the compliance times, and determined that they are 
appropriate to mitigate the unsafe condition. We have not received any 
data to demonstrate otherwise. In addition, the compliance times in AD 
2011-12-06 are also based on flight cycles instead of flight hours. 
Therefore, have not changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered 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:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     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 Bombardier Service Bulletin 670BA-27-072, Revision A, 
dated October 26, 2016. This service information describes procedures 
for identification of affected HSTAs, and replacement if necessary. 
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 544 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
            Action                    Labor cost        Parts cost     Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection and Replacement....  Up to 20 work-hours x        (\1\)  Up to $1700..........  Up to $924,800.
                                 $85 per hour =
                                 $1,700.
----------------------------------------------------------------------------------------------------------------
\1\ We have received no definitive data that would enable us to provide cost estimates for the parts cost
  specified in this AD.

    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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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;

[[Page 51337]]

    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 adding the following new airworthiness 
directive (AD):

2017-22-08 Bombardier, Inc.: Amendment 39-19088; Docket No. FAA-
2017-0562; Product Identifier 2017-NM-027-AD.

(a) Effective Date

    This AD is effective December 11, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc., airplanes identified in 
paragraphs (c)(1) through (c)(4) of this AD, certificated in any 
category, equipped with horizontal stabilizer trim actuator (HSTA) 
part number 8489-7 or 8489-7R.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) 
airplanes.
    (2) Model CL-600-2D15 (Regional Jet Series 705) airplanes.
    (3) Model CL-600-2D24 (Regional Jet Series 900) airplanes.
    (4) Model CL-600-2E25 (Regional Jet Series 1000) airplanes.

(d) Subject

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

 (e) Reason

    This AD was prompted by a report indicating that a number of 
rubber bull gear (RBG) wheels installed in the HSTA were 
manufactured using an incorrect material specification. We are 
issuing this AD to prevent premature wear-out of the teeth of the 
RBG wheels, which could cause difficulties in maneuvering the 
airplane.

 (f) Compliance

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

 (g) Serial Number Verification

    Within 600 flight hours after the effective date of this AD, 
inspect to determine whether the serial number (S/N) of the 
installed HSTA is listed in paragraph 1.A, ``Effectivity,'' of 
Bombardier Service Bulletin 670BA-27-072, Revision A, dated October 
26, 2016. If the S/N of the installed HSTA is not listed in 
paragraph 1.A, ``Effectivity,'' of Bombardier Service Bulletin 
670BA-27-072, Revision A, dated October 26, 2016, no further action 
is required by this AD, except as required by paragraph (j) of this 
AD. A review of airplane maintenance records is acceptable in lieu 
of this inspection if the part number of the HSTA can be 
conclusively determined from that review.

 (h) Replacement

    For any HSTA with a S/N listed in paragraph 1.A, 
``Effectivity,'' of Bombardier Service Bulletin 670BA-27-072, 
Revision A, dated October 26, 2016: Within the compliance times 
specified in figure 1 to paragraph (h) of this AD, as applicable, 
replace the affected HSTA, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-27-072, Revision 
A, dated October 26, 2016.
[GRAPHIC] [TIFF OMITTED] TR06NO17.001

 (i) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Bombardier Service 
Bulletin 670BA-27-072, dated April 26, 2016.

 (j) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on 
any airplane, an HSTA having part number 8489-7 or 8489-7R, with a 
S/N listed in paragraph 1.A, ``Effectivity,'' of Bombardier Service 
Bulletin 670BA-27-072, Revision A, dated October 26, 2016, unless 
the S/N has a suffix ``C'' marked on the identification plate 
adjacent to the S/N.

 (k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 International Section, send it to the attention of 
the person identified in

[[Page 51338]]

paragraph (l)(2) of this AD. Information may be emailed to: [email protected]. 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.
    (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 
Branch, 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.

 (l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2016-22, dated June 24, 
2016, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2017-0562.
    (2) For more information about this AD, contact Aziz Ahmed, 
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7329; fax 516-794-5531.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

 (m) 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 670BA-27-072, Revision A, dated 
October 26, 2016.
    (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; Widebody Customer Response Center 
North America toll-free telephone 1-866-538-1247 or direct-dial 
telephone 1-514-855-2999; fax 514-855-7401; email 
[email protected]; Internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 19, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-23346 Filed 11-3-17; 8:45 am]
 BILLING CODE 4910-13-P


