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2010-18-11 BOMBARDIER, INC.: Amendment 39-16424. Docket No. FAA-2010-0851; Directorate Identifier 2010-NM-171-AD. 
EFFECTIVE DATE

(a) This airworthiness directive (AD) becomes effective September 17, 2010.

AFFECTED ADS

(b) None.

APPLICABILITY

(c) This  AD  applies  to Bombardier, Inc. Model CL-600-2C10 (Regional Jet
    Series 700, 701, & 702); Model CL-600-2D15 (Regional Jet Series  705);
    and   Model   CL-600-2D24  (Regional   Jet   Series  900)   airplanes;
    certificated  in  any  category;  having  horizontal  stabilizer  trim
    actuators (HSTAs) with part number (P/N) 8489-7 or 8489-7R.

SUBJECT

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

REASON

(e) The mandatory continued airworthiness information (MCAI) states:

    During maintenance at the vendor's facility, some HSTAs were assembled
    with  the  incorrect  load  bearing  balls.  The  material  of   these
    discrepant balls  has lower  wear characteristics  and as  such, has a
    shorter expected life. If not corrected, this condition can result  in
    the HSTA jam leading to difficulties in controlling the aircraft.
    * * * * *

    The  unsafe  condition  is possible  loss  of  controllability of  the
    airplane.

COMPLIANCE

(f) You  are  responsible  for  having  the  actions  required  by this AD
    performed within  the compliance  times specified,  unless the actions
    have already been done.

ACTIONS

(g) Within 500 flight cycles after  the effective date of this AD: Inspect
    HSTAs  having  P/Ns 8489-7  and  8489-7R to  determine  if the  serial
    numbers  (S/Ns)  identified  in  paragraph  1.A.,  "Effectivity,"   of
    Bombardier Service  Bulletin 670BA-27-057,  dated June  14, 2010,  are
    installed. A review of  airplane maintenance records is  acceptable in
    lieu  of this  inspection if  the serial  number  of  the HSTA  can be
    conclusively determined from that review.

(1) For any HSTA with a serial number  that is not identified in paragraph
    1.A.,  "Effectivity,"  of  Bombardier  Service  Bulletin 670BA-27-057,
    dated June 14, 2010: No further action is required by paragraph (g) of
    this AD.

(2) For any HSTA with a serial number  that  is  identified  in  paragraph
    1.A.,  "Effectivity,"  of  Bombardier  Service  Bulletin 670BA-27-057,
    dated June  14, 2010:  Replace the  HSTA with  a serviceable  HSTA, in
    accordance with the Accomplishment Instructions of Bombardier  Service
    Bulletin 670BA-27-057,  dated June  14, 2010,  at the  applicable time
    specified  by   paragraph  (g)(2)(i),   (g)(2)(ii),  (g)(2)(iii),   or
    (g)(2)(iv) of this AD.

NOTE 1: Bombardier Service  Bulletin 670BA-27-057,  dated  June  14, 2010,
references Sagem SA Service Bulletin 8489-27-006, dated December 8,  2009,
as  an additional  source of  guidance for  modifying the  HSTA. Sagem  SA
Service Bulletin  8489-27-006, dated  December 8,  2009, references Ratier
-Figeac Service  Bulletin RF-DSC-075-07,  Version 03,  dated November  10,
2009, as  an additional  source of  guidance for  modifying the  HSTA. The
suffix "A" after the serial  number indicates serviceable HSTAs that  have
been modified.

(i) For any HSTA that has accumulated less  than  or equal to 8,000 flight
    cycles  as  of  the  effective  date  of  this  AD:  Before  the  HSTA
    accumulates 10,000 flight cycles.

(ii) For any HSTA that has accumulated  more  than 8,000 flight cycles but
     less than or equal to 10,000  flight cycles as of the effective  date
     of this AD:  Before the HSTA  accumulates an additional  2,000 flight
     cycles, but no later than 11,000 flight cycles on the HSTA.

(iii) For any HSTA that has accumulated more than 10,000 flight cycles but
      less than or equal to 12,000 flight cycles as of the effective  date
      of this AD: Before the  HSTA accumulates an additional 1,000  flight
      cycles, but no later than 12,500 flight cycles on the HSTA.

(iv) For any HSTAs that has accumulated more than 12,000 flight cycles  as
     of the  effective date  of this  AD: Before  the HSTA  accumulates an
     additional 500 flight cycles.

(h) As of the effective date of this AD,  no  person  may install an HSTA,
    having  P/N 8489-7  or 8489-7R,  with a  serial  number  identified in
    paragraph 1.A.,  "Effectivity," of  Bombardier Service  Bulletin 670BA
    -27-057, dated June 14, 2010, on any airplane.

FAA AD DIFFERENCES

NOTE 2: This  AD  differs  from the  MCAI  and/or  service information  as
follows: Canadian Airworthiness Directive CF-2010-20, dated July 19, 2010,
refers to  an incorrect  date of  April 28,  2010, for  Bombardier Service
Bulletin 670BA-27-057.  The correct  date for  Bombardier Service Bulletin
670BA-27-057 is June 14, 2010.

OTHER FAA AD PROVISIONS

(i) 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. Send information to Attn: Program Manager, Continuing
    Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410,
    Westbury, New York 11590;  telephone 516-228-7300;  fax  516-794-5531.
    Before  using any  approved AMOC  on any  airplane to  which the  AMOC
    applies,  notify  your   principal  maintenance  inspector   (PMI)  or
    principal  avionics  inspector  (PAI), as  appropriate,  or  lacking a
    principal inspector, your local Flight Standards 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 ensure the product is airworthy before  it
    is returned to service.

(3) Reporting Requirements: For  any  reporting  requirement  in  this AD,
    under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et
    seq.), the  Office of  Management and  Budget (OMB)  has approved  the
    information  collection  requirements  and  has  assigned  OMB Control
    Number 2120-0056.

RELATED INFORMATION

(j) Refer to MCAI Canadian Airworthiness Directive CF-2010-20,  dated July
    19, 2010; and Bombardier Service Bulletin 670BA-27-057, dated June 14,
    2010; for related information.

MATERIAL INCORPORATED BY REFERENCE

(k) You must use Bombardier Service Bulletin 670BA-27-057,  dated June 14,
    2010, to do the actions required  by this AD, unless the AD  specifies
    otherwise.

(1) The Director of the  Federal Register  approved  the  incorporation by
    reference of this service information under 5 U.S.C. 552(a) and 1  CFR
    part 51.

(2) For service information identified in  this  AD,  contact  Bombardier,
    Inc.,  400  Cote-Vertu  Road West,  Dorval,  Quebec  H4S 1Y9,  Canada;
    telephone       514-855-5000;      fax      514-855-7401;       e-mail
    thd.crj@aero.bombardier.com; Internet http:// www.bombardier.com.

(3) You may review copies of the 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.

(4) You  may  also  review  copies  of  the  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/code_of_federal_regulations/
    ibr_locations.html.

Issued in Renton, Washington, on August 20, 2010. Jeffrey E. Duven, Acting
Manager, Transport Airplane Directorate, Aircraft Certification Service.

FOR FURTHER INFORMATION  CONTACT: Christopher Alfano,  Aerospace Engineer,
Airframe and Mechanical  Systems Branch, ANE-171,  FAA, New York  Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,  New
York 11590; telephone (516) 228-7340; fax (516) 794-5531.
PREAMBLE 

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

ACTION: Final rule; request for comments.

SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

During maintenance at the vendor's facility, some HSTAs [horizontal stabilizer trim actuators] were assembled with the incorrect load bearing balls. The material of these discrepant balls has lower wear characteristics and as such, has a shorter expected life. If not corrected, this condition can result in the HSTA jam leading to difficulties in controlling the aircraft.

* * * * *
The unsafe condition is possible loss of controllability of the airplane. This AD requires actions that are intended to address the unsafe condition described in the MCAI.

DATES: This AD becomes effective September 17, 2010.
The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of September 17, 2010.
We must receive comments on this AD by October 18, 2010.

ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http:// www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

You may examine the AD docket on the Internet at http:// 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 this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Christopher Alfano, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228-7340; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF- 2010-20, dated July 19, 2010 (referred to after this as "the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:

During maintenance at the vendor's facility, some HSTAs were assembled with the incorrect load bearing balls. The material of these discrepant balls has lower wear characteristics and as such, has a shorter expected life. If not corrected, this condition can result in the HSTA jam leading to difficulties in controlling the aircraft.
This directive mandates incorporation of the HSTA with the correct load bearing balls.

The unsafe condition is possible loss of controllability of the airplane. The corrective action requires inspecting to determine the serial number of the HSTAs. You may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

Bombardier has issued Service Bulletin 670BA-27-057, dated June 14, 2010. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.

Differences Between the AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.
We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because some HSTAs were assembled with load bearing balls that have lower wear characteristics and a shorter life expectancy. If not corrected, this condition can result in the HSTA jam leading to difficulties in controlling the airplane. The unsafe condition is possible loss of controllability of the airplane. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include "Docket No. FAA-2010-0851; Directorate Identifier 2010-NM-171-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.
We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. "Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in "Subtitle VII, Part A, Subpart III, Section 44701: General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

Regulatory Findings

We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify 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); and
3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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]

2. The FAA amends Sec. 39.13 by adding the following new AD: