[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Rules and Regulations]
[Pages 59093-59096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22978]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0424; Directorate Identifier 2014-NM-003-AD; 
Amendment 39-17976; AD 2014-20-03]
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 BD-700-1A10 and BD-700-1A11 airplanes. This AD 
was prompted by reports of an incorrectly assembled check tee fitting 
used in fire extinguishing (FIREEX) distribution lines. This AD 
requires inspecting to determine the part number and for all affected 
check tee fittings measuring for correct depth, and replacing if 
necessary. We are issuing this AD to detect and correct faulty check 
tee fittings, which will reduce fire extinguishing protection.

DATES: This AD becomes effective November 5, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 5, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0424 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: Cesar Gomez, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7318; 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 BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published in the 
Federal Register on July 1, 2014 (79 FR 37246).
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-41, dated December 30, 2013 (referred to

[[Page 59094]]

after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition on certain Bombardier, 
Inc. Model BD-700-1A10 and BD-700-1A11 airplanes. The MCAI states:

    A check tee fitting used in the aeroplane fire extinguishing 
(FIREEX) distribution lines, was discovered by another airframe 
manufacturer as being incorrectly assembled. A properly assembled 
check tee fitting normally contains one check ball, however the 
affected fitting contained two check balls. The FIREEX manufacturer 
advised Bombardier that this condition may be present on aeroplane 
models BD-700-1A10 and BD-700-1A11.
    Testing has verified that incorrect installation of the 
additional check ball in the fitting reduces the flow rate of the 
extinguishing agent. There are three check tee fittings installed on 
the BD-700-1A10 and BD-700-1A11 aeroplanes, one for each engine and 
one for the auxiliary power unit. Faulty fittings will reduce fire 
extinguishing protection at the affected locations.
    Bombardier has issued several Alert Service Bulletins (ASBs) to 
identify, inspect and replace if required, all affected fittings. 
This [Canadian] AD mandates incorporation of the applicable 
Bombardier ASBs to rectify this problem.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0424-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 37246, July 1, 
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.

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 37246, July 1, 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 37246, July 1, 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 57 airplanes of U.S. registry.
    We also estimate that it would 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 would cost about $0 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $4,845, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 1 work-hour, for a cost of $85 per tee fitting. We have no 
way of determining the number of aircraft that might need this action.
    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.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will

[[Page 59095]]

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-2014-0424; 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):

2014-20-03 Bombardier, Inc.: Amendment 39-17976. Docket No. FAA-
2014-0424; Directorate Identifier 2014-NM-003-AD.

(a) Effective Date

    This AD becomes effective November 5, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model BD-700-1A10 and BD-
700-1A11 airplanes, certificated in any category, serial numbers 
9002 through 9500 inclusive, and 9998.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
Protection.

(e) Reason

    This AD was prompted by reports of an incorrectly assembled 
check tee fitting used in fire extinguishing (FIREEX) distribution 
lines. We are issuing this AD to detect and correct faulty check tee 
fittings, which will reduce fire extinguishing protection.

(f) Compliance

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

(g) Part Number Identification

    Within 100 flight hours or 180 days, whichever occurs first 
after the effective date of this AD, inspect to determine the part 
number (P/N) of the FIREEX check tee fitting, in accordance with the 
Accomplishment Instructions of the applicable service bulletin 
identified in paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of this 
AD.
    (1) Bombardier Alert Service Bulletin A700-1A11-26-003, dated 
April 18, 2013 (for Model BD-700-1A11 (BD-700) airplanes having S/Ns 
9127 through 9383 inclusive; 9389 through 9400 inclusive, 9404 
through 9431 inclusive, and 9998).
    (2) Bombardier Alert Service Bulletin A700-26-010, dated April 
18, 2013 (for Model BD-700-1A10 (BD-700) airplanes having S/Ns 9002 
through 9312 inclusive, 9314 through 9380 inclusive, and 9384 
through 9429 inclusive).
    (3) Bombardier Alert Service Bulletin A700-26-5002, dated April 
18, 2013 (for Model BD-700-1A11 (BD-700) airplanes having S/Ns 9386, 
9401, and 9445 through 9498 inclusive).
    (4) Bombardier Alert Service Bulletin A700-26-6002, dated April 
18, 2013 (for Model BD-700-1A10 (BD-700) airplanes having S/Ns 9313, 
9381, and 9432 through 9500 inclusive).

(h) Measurement and Replacement

    If any inspection specified in paragraph (g) of this AD reveals 
any check tee fitting having P/N 446651 and S/N 062 through 070 
inclusive, 117 through 133 inclusive, 3728 through 3731 inclusive, 
3733 through 3760 inclusive, or 3762 through 3776 inclusive: Within 
100 flight hours or 180 days, whichever occurs first after the 
effective date of this AD, measure the depth of the inlet fitting of 
the check tee, in accordance with the Accomplishment Instructions of 
the applicable service bulletin identified in paragraph (g)(1), 
(g)(2), (g)(3), or (g)(4) of this AD. If the check tee depth is less 
than 1.70 inches (4.32 cm), before further flight, replace the check 
tee in accordance with the Accomplishment Instructions of the 
applicable service bulletin identified in paragraph (g)(1), (g)(2), 
(g)(3), or (g)(4) of this AD.

(i) 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.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian Airworthiness Directive CF-2013-41, dated December 30, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0424-0002.

(k) 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 A700-1A11-26-003, dated 
April 18, 2013.
    (ii) Bombardier Alert Service Bulletin A700-26-010, dated April 
18, 2013.
    (iii) Bombardier Alert Service Bulletin A700-26-5002, dated 
April 18, 2013.
    (iv) Bombardier Alert Service Bulletin A700-26-6002, dated April 
18, 2013.
    (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

[[Page 59096]]

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 September 19, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-22978 Filed 9-30-14; 8:45 am]
BILLING CODE 4910-13-P