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2014-16-06 BOMBARDIER, INC.: Amendment 39-17930. Docket No. FAA-2014-0250; Directorate Identifier 2013-NM-165-AD.
(a) EFFECTIVE DATE

    This AD becomes effective September 23, 2014.

(b) AFFECTED ADS

    None.

(c) APPLICABILITY

    This AD applies to Bombardier, Inc. Model CL-600-2B16 (CL-604 Variant)
    airplanes, certificated  in any  category, serial  numbers (S/Ns) 5301
    through 5665 inclusive, and 5701 and subsequent.

(d) SUBJECT

    Air Transport Association (ATA) of America Code 22, Autopilot  System;
    and Code 27, Rudder Actuator.

(e) REASON

    This  AD  was  prompted by  reports  of  in-flight uncommanded  rudder
    movements. We  are issuing  this AD  to prevent  in-flight uncommanded
    rudder  movements,  which  could   lead  to  structural  failure   and
    subsequent loss of the airplane.

(f) COMPLIANCE

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

(g) AIRPLANE FLIGHT MANUAL (AFM) REVISION

    Within  30  days after  the  effective date  of  this AD,  revise  the
    Emergency  Procedures  Section  of the  applicable  Bombardier  AFM to
    incorporate  the  uncommanded   yaw  motion  procedure   specified  in
    paragraph (g)(1) or (g)(2) of this AD, as applicable.

(1) For  Model CL-600-2B16 (CL-604 Variant)  airplanes  having  S/Ns  5301
    through 5665  inclusive: Procedure  1.C., Uncommanded  Yaw Motion,  of
    Section 03-06, Automatic Flight Control System, of Chapter 3-Emergency
    Procedures,  of  the  Bombardier  Challenger  CL-604  AFM,  PSP 604-1,
    Revision 89, dated July 8, 2013.

(2) For Model CL-600-2B16 (CL-604 Variant) airplanes having  S/Ns 5701 and
    subsequent: Procedure 1.C., Uncommanded Yaw Motion, of Section  03-06,
    Automatic Flight Control System, of Chapter 3-Emergency Procedures, of
    the Bombardier Challenger  CL-605 AFM, PSP  605-1, Revision 25,  dated
    July 8, 2013.

(h) OTHER FAA AD PROVISIONS

    The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager,  FAA, New York
    Aircraft Certification  Office (ACO),  ANE-170, 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 New York ACO, send
    it to ATTN: Program  Manager, Continuing Operational Safety,  FAA, New
    York  ACO,  1600  Stewart  Avenue,  Suite  410,  Westbury,  NY  11590;
    telephone 516-228-7300;  fax 516-794-5531.  Before using  any approved
    AMOC,  notify  your  appropriate  principal  inspector,  or  lacking a
    principal  inspector,  the  manager  of  the  local  flight  standards
    district office/certificate holding district office. The AMOC approval
    letter must specifically reference this AD.

(2) Contacting the Manufacturer:  For any requirement in this AD to obtain
    corrective  actions   from  a   manufacturer,  the   action  must   be
    accomplished using  a method  approved by  the Manager,  New York ACO,
    ANE-170, 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.

(i) RELATED INFORMATION

    Refer   to   Mandatory  Continuing  Airworthiness  Information  (MCAI)
    Canadian Airworthiness  Directive CF-2013-22,  dated  August 12, 2013,
    for related information. This  MCAI may be found  in the AD docket  on
    the  Internet at  http://www.regulations. gov/#!documentDetail;  D=FAA
    -2014-0250-0002.

(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 this AD specifies otherwise.

(i) Procedure 1.C.,  Uncommanded Yaw Motion,  of Section 03-06,  Automatic
    Flight  Control  System,  of  Chapter 3-Emergency Procedures,  of  the
    Bombardier  Challenger  CL-604  Airplane  Flight  Manual,  PSP  604-1,
    Revision 89, dated July 8, 2013.

(ii) Procedure 1.C., Uncommanded Yaw Motion,  of Section 03-06,  Automatic
     Flight  Control System,  of  Chapter  3-Emergency Procedures,  of the
     Bombardier  Challenger  CL-605  Airplane  Flight  Manual,  PSP 605-1,
     Revision 25, dated July 8, 2013.

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

(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: http://www.archives.gov/federal-register/cfr/
    ibr-locations.html.

Issued in Renton, Washington, on July 30, 2014. Jeffrey E. Duven, Manager,
Transport Airplane Directorate, Aircraft Certification Service.

FOR FURTHER INFORMATION CONTACT: Luke Walker, Aerospace Engineer, Airframe
and  Mechanical   Systems  Branch,   ANE-171,  FAA,   New  York   Aircraft
Certification Office (ACO), 1600  Stewart Avenue, Suite 410,  Westbury, NY
11590; telephone 516-228-7363; fax 516-794-5531.
PREAMBLE 

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-600-2B16 (CL-604 Variant) airplanes. This AD
was prompted by reports of in-flight uncommanded rudder movements. This
AD requires revising the airplane flight manual (AFM) to incorporate an
uncommanded yaw motion procedure. We are issuing this AD to prevent in-
flight uncommanded rudder movements, which could lead to structural
failure and subsequent loss of the airplane.

DATES: This AD becomes effective September 23, 2014.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 23,
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0250 or in person at
the Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
For service information identified in this AD, contact Bombardier,
Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9,
Canada; telephone 514-855-5000; fax 514-855-7401; email
thd.crj@aero.bombardier.com; Internet http://
www.bombardier.com. You may view this referenced service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call 425-227-1221.

FOR FURTHER INFORMATION CONTACT: Luke Walker, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516-228-7363; fax 516-794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Bombardier, Inc.
Model CL-600-2B16 (CL-604 Variant) airplanes. The NPRM published in the
Federal Register on April 21, 2014 (79 FR 22069). The NPRM was prompted
by reports of in-flight uncommanded rudder movements. The NPRM proposed
to require revising the AFM to incorporate an uncommanded yaw motion
procedure. We are issuing this AD to prevent in-flight uncommanded
rudder movements, which could lead to structural failure and subsequent
loss of the airplane.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-22, dated August 12, 2013 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Bombardier, Inc. Model CL-600-2B16 (CL-604
Variant) airplanes. The MCAI states:

There have been several reported incidents where Bombardier
Regional Jet aeroplanes experienced in-flight uncommanded rudder
movements. Investigation revealed that a failure of the voltage
regulator inside the yaw damper actuator could lead to uncommanded
yaw movement. If not corrected, this condition could lead to
structural failure and the subsequent loss of the aeroplane.
Since the Challenger 604 aeroplanes have the same system, and
can also experience a similar problem of uncommanded yaw movement,
Transport Canada is issuing this [Canadian] AD that mandates the
introduction of an emergency procedure to the Aeroplane Flight
Manual (AFM) to address the above-mentioned unsafe condition.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0250-0002.

Comments

We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 22069, April 21,
2014) or on the determination of the cost to the public.

"Contacting the Manufacturer" Paragraph in This AD

Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
We have become aware that some operators have misunderstood or
misinterpreted the Airworthy Product paragraph to allow the owner/
operator to use messages provided by the manufacturer as approval of
deviations during the accomplishment of an AD-mandated action. The
Airworthy Product paragraph does not approve messages or other
information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this AD to obtain corrective actions from a
manufacturer, the actions must be accomplished using a method approved
by the FAA, TCCA, or Bombardier, Inc.'s TCCA Design Approval
Organization (DAO).
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DAO, the approval must include the DAO-authorized
signature. The DAO signature indicates that the data and information
contained in the document are TCCA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DAO-authorized signature approval are not TCCA-
approved, unless TCCA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
We also have decided not to include a generic reference to either
the ``delegated agent'' or ``design approval holder (DAH) with State of
Design Authority design organization approval,'' but instead we have
provided the specific delegation approval granted by the State of
Design Authority for the DAH throughout this AD.

Conclusion

We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM (79 FR 22069, April 21, 2014) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 22069, April 21, 2014).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

We estimate that this AD affects 116 airplanes of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $0 per product.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $9,860, or $85 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.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations. gov/#!docketDetail;D=FAA-2014-0250; or in person at
the Docket Management Facility between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. The AD docket contains this
AD, the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone 800-647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES


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 airworthiness
directive (AD):