[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Rules and Regulations]
[Pages 44268-44270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17910]



[[Page 44268]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0488; Directorate Identifier 2014-NM-141-AD; 
Amendment 39-17919; AD 2014-15-17]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model CL-600-2B16 (CL-604 Variant) airplanes. This AD 
requires revising the airplane flight manual to incorporate temporary 
revisions that introduce additional limitations for operation of taxi 
and landing lights. This AD was prompted by a determination that there 
is a potential for fuel leakage from auxiliary power unit (APU) boost 
pump component installations in the right-hand landing lights 
compartment. We are issuing this AD to advise the flightcrew of the 
limitations for taxi lights and landing lights to prevent heat 
generated by the taxi lights and landing lights on the ground reaching 
the auto-ignition temperature of the fuel, which could potentially 
ignite any fuel or fumes present in the right-hand landing lights 
compartment.

DATES: This AD becomes effective July 31, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 31, 
2014.
    We must receive comments on this AD by September 15, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    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 
[email protected]; 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.

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-2014-
0488; 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: Morton Lee, Aerospace Engineer, 
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7355; 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-
2014-17, dated June 17, 2014 (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:

    Bombardier Inc. has determined that there is a potential for 
fuel leakage from the auxiliary power unit (APU) boost pump 
component installations in the right hand landing lights 
compartment. On a hot day, the temperatures in the landing light 
compartment as result of the heat generated by the taxi lights and/
or the landing lights on the ground, can reach the auto-ignition 
temperature of the fuel and may ignite any fuel/fumes present in the 
right hand landing light compartment.
    In order to mitigate the potential safety hazard, Bombardier 
Inc. has revised the Aircraft Flight Manual (AFM) through Temporary 
Revisions (TRs) 604/38 and 605/20 to introduce additional 
limitations for operation of the landing/taxi lights on the ground.
    This [Canadian] AD is being issued to mandate compliance with 
the revised AFM limits for landing/taxi light operations per the TR 
604/38 and TR 605/20, as applicable for the affected aeroplanes.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0488.

Relevant Service Information

    Bombardier has issued the following service information:
     Temporary Revision (TR) 604/38, dated June 16, 2014, to 
the Bombardier Challenger CL-604 Airplane Flight Manual, PSP 604-1; and
     TR 605/20, dated June 16, 2014, to the Bombardier 
Challenger CL-605 Airplane Flight Manual, PSP 605-1.
    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.

``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

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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 action 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 ``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 in the Contacting the Manufacturer paragraph of this 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 heat 
generated by the taxi lights and landing lights on the ground could 
reach the auto-ignition temperature of the fuel, which could 
potentially ignite any fuel or fumes present in the right-hand landing 
lights compartment. 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-2014-0488; Directorate 
Identifier 2014-NM-141-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 based on 
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.

Costs of Compliance

    We estimate that this AD affects 169 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 $0 per product. Based on 
these figures, we estimate the cost of this AD on U.S. operators to be 
$14,365, 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.

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):

2014-15-17 Bombardier, Inc.: Amendment 39-17919. Docket No. FAA-
2014-0488; Directorate Identifier 2014-NM-141-AD.

(a) Effective Date

    This AD becomes effective July 31, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B16 (CL-604 
Variant) airplanes,

[[Page 44270]]

certificated in any category, serial numbers 5301 through 5665 
inclusive, and 5701 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel; and 
33, Lights.

(e) Reason

    This AD was prompted by a determination that there is a 
potential for fuel leakage from auxiliary power unit (APU) boost 
pump component installations in the right-hand landing lights 
compartment. We are issuing this AD to advise the flightcrew of the 
limitations for taxi lights and landing lights to prevent heat 
generated by the taxi lights and landing lights on the ground 
reaching the auto-ignition temperature of the fuel, which could 
potentially ignite any fuel or fumes present in the right-hand 
landing lights compartment.

(f) Compliance

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

(g) Airplane Flight Manual (AFM) Revision

    Within 24 hours after the effective date of this AD, revise the 
AFM to incorporate the applicable temporary revisions (TRs) 
specified in paragraphs (g)(1) and (g)(2) of this AD. Operate the 
airplane according to the procedures in the TRs specified in 
paragraph (g)(1) or (g)(2) of this AD, as applicable. The AFM 
revision required by paragraph (g) of this AD may be done by 
inserting a copy of TR 604/38, Taxi and Landing Lights, dated June 
16, 2014, into the Bombardier Challenger CL-604 AFM, PSP 604-1; or a 
copy of TR 605/20, Taxi and Landing Lights, dated June 16, 2014, 
into the Bombardier Challenger CL-605 AFM, PSP 605-1. When these TRs 
have been included in the general revisions of the applicable AFM, 
the general revisions may be inserted in the AFM and the TRs may be 
removed, provided the relevant information in the general revision 
is identical to that included in TR 604/38, Taxi and Landing Lights, 
dated June 16, 2014; or TR 605/20, Taxi and Landing Lights, dated 
June 16, 2014; as applicable.
    (1) TR 604/38, Taxi and Landing Lights, dated June 16, 2014, to 
the Bombardier Challenger CL-604 AFM, PSP 604-1 (for Bombardier 
Model CL-600-2B16 (604 Variant) airplanes, serial numbers 5301 
through 5665 inclusive).
    (2) TR 605/20, Taxi and Landing Lights, dated June 16, 2014, to 
the Bombardier Challenger CL-605 Airplane Flight Manual PSP 605-1 
(for Bombardier Model CL-600-2B16 (604 Variant) airplanes, serial 
numbers 5701 and subsequent).

(h) 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-173, 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) 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-2014-17, dated June 17, 2014, 
for related information. You may examine the MCAI on the Internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2014-0488.

(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) Temporary Revision (TR) 604/38, Taxi and Landing Lights, 
dated June 16, 2014, to the Bombardier Challenger CL-604 Airplane 
Flight Manual, PSP 604-1.
    (ii) TR 605/20, Taxi and Landing Lights, dated June 16, 2014, to 
the Bombardier Challenger CL-605 Airplane Flight Manual, PSP 605-1.
    (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 [email protected]; 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 24, 2014.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-17910 Filed 7-30-14; 8:45 am]
BILLING CODE 4910-13-P