[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 48954-48957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18863]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0120; Directorate Identifier 2013-NM-056-AD; 
Amendment 39-17932; AD 2014-16-08]
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-215-6B11 (CL-215T Variant), and CL-215-6B11 
(CL-415 Variant) airplanes. This AD was prompted by several reports 
indicating that shorter nacelle strut bushings were inadvertently 
installed on certain airplanes. This AD requires a general visual 
inspection of the left and right nacelle upper strut bushings; 
installation of the bolts and preload indicating (PLI) washers, if 
necessary; and replacement of the bushing or repair of the bushing 
installation, if necessary. We are issuing this AD to detect and 
correct inadequate nacelle strut bushings, which provide insufficient 
engagement in the strut fork end, and could deform under the bearing 
load and lead to the failure of the joint.

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-2014-0120; 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 
[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.

FOR FURTHER INFORMATION CONTACT: Ricardo Garcia, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; phone 516-228-7331; 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-215-6B11 (CL-215T Variant), and CL-215-6B11 (CL-415 Variant) 
airplanes. The NPRM published in the Federal Register on February 27, 
2014 (79 FR 11022).
    Transport Canada Civil Aviation, which is the aviation authority 
for

[[Page 48955]]

Canada, has issued Canadian Airworthiness Directive CF-2013-06, dated 
February 27, 2013 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition certain Bombardier, Inc. Model CL-215-6B11 (CL-215T Variant), 
and CL-215-6B11 (CL-415 Variant) airplanes. The MCAI states:

    It was discovered in several cases that nacelle strut bushings 
with part number (P/N), 85410265-105, have been inadvertently 
installed in lieu of P/N 85410265-103. Bushing P/N 85410265-105 is 
shorter than bushing P/N 85410265-103 and provides for less 
engagement in the strut fork end, P/N 215T16534-12/-13, which may 
deform under the bearing load leading to the failure of the joint.

    The actions for this AD include a general visual inspection of the 
left and right nacelle upper strut bushings; installation of the bolts 
and PLI washers, if necessary; and replacement of the bushing or repair 
of the bushing installation, if necessary. You may examine the MCAI in 
the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0120-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 11022, February 27, 
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.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 11022, February 27, 2014), we proposed to 
prevent the use of repairs that were not specifically developed to 
correct the unsafe condition, by requiring that the repair approval 
provided by the State of Design Authority or its delegated agent 
specifically refer to this FAA AD. This change was intended to clarify 
the method of compliance and to provide operators with better 
visibility of repairs that are specifically developed and approved to 
correct the unsafe condition. In addition, we proposed to change the 
phrase ``its delegated agent'' to include a design approval holder 
(DAH) with State of Design Authority design organization approval 
(DOA), as applicable, to refer to a DAH authorized to approve required 
repairs for the proposed AD.
    No comments were provided to the NPRM (79 FR 11022, February 27, 
2014) about these proposed changes. However, a comment was provided for 
another NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013). The commenter stated the following: ``The proposed 
wording, being specific to repairs, eliminates the interpretation that 
Airbus messages are acceptable for approving minor deviations 
(corrective actions) needed during accomplishment of an AD mandated 
Airbus service bulletin.''
    This comment has made the FAA 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 action must be accomplished using a method approved 
by the FAA, TCCA, or Bombardier'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.
    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases 
the foreign manufacturer's service bulletin and the foreign authority's 
MCAI might have been issued some time before the FAA AD. Therefore, the 
DOA might have provided U.S. operators with an approved repair, 
developed with full awareness of the unsafe condition, before the FAA 
AD is issued. Under these circumstances, to comply with the FAA AD, the 
operator would be required to go back to the manufacturer's DOA and 
obtain a new approval document, adding time and expense to the 
compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate.
    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

[[Page 48956]]

Authority for the DAH in the Contacting the Manufacturer paragraph of 
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 11022, February 27, 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 11022, February 27, 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 5 airplanes of U.S. registry.
    We also estimate that it will take about 4 work-hours 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 $1,700, or $340 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 4 work-hours and require parts costing $0, for a cost of 
$340 per product. We have no way of determining the number of aircraft 
that might need these actions.

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-2014-0120; 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

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):

2014-16-08 Bombardier, Inc.: Amendment 39-17932. Docket No. FAA-
2014-0120; Directorate Identifier 2013-NM-056-AD.

(a) Effective Date

    This AD becomes effective September 23, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc. airplanes, certificated 
in any category, identified in paragraphs (c)(1) and (c)(2) of this 
AD.
    (1) Model CL-215-6B11 (CL-215T Variant) airplanes, serial 
numbers 1056, 1057, 1061, 1080, 1109, 1113, 1114, 1115, 1116, 1117, 
1118, 1119, 1120, 1121, 1122, and 1125.
    (2) Model CL-215-6B11 (CL-415 Variant) airplanes, serial numbers 
2001 through 2067 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
Pylons.

(e) Reason

    This AD was prompted by several reports indicating that shorter 
nacelle strut bushings were inadvertently installed on certain 
airplanes. We are issuing this AD to detect and correct inadequate 
nacelle strut bushings, which provide insufficient engagement in the 
strut fork end, and could deform under the bearing load and lead to 
the failure of the joint.

(f) Compliance

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

(g) Inspection of the Bushing

    Within 3 months after the effective date of this AD: Do a 
general visual inspection to determine the part number of the left 
and right nacelle upper strut bushings, in accordance with the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
215-A3173, dated April 11, 2012 (for Model CL-215-6B11 (CL-215T 
Variant) airplanes); or Bombardier Alert Service Bulletin 215-A4453, 
dated April 10, 2012 (for Model CL-215-6B11 (CL-415 Variant) 
airplanes).
    (1) If any bushing with part number (P/N) 85410265-103 is 
installed: Before further flight, install the bolts and preload 
indicating (PLI) washers, in accordance with paragraph 2.G. of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
215-A3173, dated April 11, 2012 (for Model CL-215-6B11 (CL-215T 
Variant) airplanes); or Bombardier Alert Service Bulletin 215-A4453, 
dated April 10, 2012 (for Model CL-215-6B11 (CL-415 Variant) 
airplanes).
    (2) If any bushing with P/N 85410265-105 is installed in either 
the left or right nacelle: Do the actions in paragraph (h) of this 
AD.

(h) Replacement or Repair of the Bushing

    If any bushing with P/N 85410265-105 is found installed during 
the inspection required by paragraph (g) of this AD: Before further 
flight, do the actions specified in paragraph (h)(1) or (h)(2) of 
this AD.
    (1) Replace the bushing in accordance with paragraph 2.E. of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
215-A3173, dated April 11, 2012 (for Model CL-215-6B11 (CL-215T 
Variant) airplanes); or Bombardier Alert Service Bulletin 215-A4453, 
dated April 10, 2012

[[Page 48957]]

(for Model CL-215-6B11 (CL-415 Variant) airplanes); and continue 
with the installation of the bolt and PLI washer, in accordance with 
paragraph 2.G. of the Accomplishment Instructions of Bombardier 
Alert Service Bulletin 215-A3173, dated April 11, 2012 (for Model 
CL-215-6B11 (CL-215T Variant) airplanes); or Bombardier Alert 
Service Bulletin 215-A4453, dated April 10, 2012 (for Model CL-215-
6B11 (CL-415 Variant) airplanes).
    (2) Repair the bushing in accordance with paragraph 2.F. of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
215-A3173, dated April 11, 2012 (for Model CL-215-6B11 (CL-215T 
Variant) airplanes); or Bombardier Alert Service Bulletin 215-A4453, 
dated April 10, 2012 (for Model CL-215-6B11 (CL-415 Variant) 
airplanes); and continue with the installation of the bolt and PLI 
washer, in accordance with paragraph 2.G. of the Accomplishment 
Instructions of Bombardier Alert Service Bulletin 215-A3173, dated 
April 11, 2012 (for Model CL-215-6B11 (CL-215T Variant) airplanes); 
or Bombardier Alert Service Bulletin 215-A4453, dated April 10, 2012 
(for Model CL-215-6B11 (CL-415 Variant) airplanes).

(i) Replacement of Repaired Bushing

    For any bushing that has been repaired as specified in paragraph 
(h)(2) of this AD: Within 5,000 flight hours after accomplishing the 
repair or at the next engine removal, whichever occurs first, 
replace the bushing with P/N 85410265-103, in accordance with 
paragraph 2.E. of the Accomplishment Instructions of Bombardier 
Alert Service Bulletin 215-A3173, dated April 11, 2012 (for Model 
CL-215-6B11 (CL-215T Variant) airplanes); or Bombardier Alert 
Service Bulletin 215-A4453, dated April 10, 2012 (for Model CL-215-
6B11 (CL-415 Variant) airplanes); and continue with the installation 
of the bolt and PLI washer, in accordance with paragraph 2.G. of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
215-A3173, dated April 11, 2012 (for Model CL-215-6B11 (CL-215T 
Variant) airplanes); or Bombardier Alert Service Bulletin 215-A4453, 
dated April 10, 2012 (for Model CL-215-6B11 (CL-415 Variant) 
airplanes).

(j) Airplanes for Which No Further Action Is Required

    (1) For airplanes on which a general visual inspection specified 
in paragraph (g) of this AD is done and it is determined that 
nacelle strut bushings having P/N 85410265-103 are installed in the 
airplane: No further actions are required by this AD, provided the 
actions specified in paragraph (g)(1) of this AD have been done.
    (2) For airplanes on which nacelle strut bushings having P/N 
85410265-103 are installed as specified in paragraph (h)(1) or (i) 
of this AD: No further actions are required by this AD.

(k) 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) 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.

(l) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian Airworthiness Directive CF-2013-06, dated February 27, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0120-0002.

(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 Alert Service Bulletin 215-A3173, dated April 11, 
2012.
    (ii) Bombardier Alert Service Bulletin 215-A4453, dated April 
10, 2012.
    (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 30, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-18863 Filed 8-18-14; 8:45 am]
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