[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Rules and Regulations]
[Pages 3304-3306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00371]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0081; Directorate Identifier 2014-NM-170-AD; 
Amendment 39-18371; AD 2016-01-12]
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 fluid entry and accumulation in the aft 
equipment bay. This AD requires modifying the aft equipment bay. We are 
issuing this AD to prevent excessive quantities of flammable fluid 
accumulation in the aft equipment bay. Flammable fluid entry and 
accumulation in the aft equipment bay, in excessive quantities, could 
exceed safe levels maintained by the drainage and ventilation system.

DATES: This AD becomes effective February 25, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 25, 
2016.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0081; 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 final rule, 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. It 
is also available on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2015-0081.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, 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 516-228-7318; 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 January 26, 2015 (80 FR 3924). The NPRM was 
prompted by reports of fluid entry and accumulation in the aft 
equipment bay. The NPRM proposed to require modifying the aft equipment 
bay. We are issuing this AD to prevent excessive quantities of 
flammable fluid accumulation in the aft equipment bay. Flammable fluid 
entry and accumulation in the aft equipment bay, in excessive 
quantities, could exceed safe levels maintained by the drainage and 
ventilation system.
    Transport Canada Civil Aviation, which is the aviation authority 
for Canada, has issued Canadian Airworthiness Directive CF-2014-25, 
dated August 7, 2014 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Bombardier, Inc. Model BD-700-1A10 and BD-
700-1A11 airplanes. The MCAI states:

    There have been two reports of fluid entry and accumulation in 
the aft equipment bay. The leaked fluid in the first incident was 
fuel and the fluid in the second incident was test dye. Further 
investigation revealed that leaked fluid from the aft fuel tank 
drain entered the bay through the slot in the door latch mechanism.
    Flammable fluid entry and accumulation in the aft equipment bay, 
in excessive quantities, could exceed safe levels maintained by the 
drainage and ventilation system.
    Bombardier Inc. has issued several Service Bulletins (SB) to 
modify the Aft Equipment Bay by installing a cover to the door latch 
mechanism in order to reduce the risk of fuel entry into it. This 
[Canadian] AD mandates the incorporation of the applicable 
Bombardier Inc. SBs to rectify this problem.


[[Page 3305]]


    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0081-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (80 FR 3924, January 26, 
2015) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (80 FR 3924, January 26, 2015) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (80 FR 3924, January 26, 2015).

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information:
     Bombardier Service Bulletin 700-1A11-52-019, dated March 
29, 2012.
     Bombardier Service Bulletin 700-52-042, dated March 29, 
2012.
     Bombardier Service Bulletin 700-52-5007, dated March 29, 
2012.
     Bombardier Service Bulletin 700-52-6007, dated March 29, 
2012.
    The service information describes procedures for the modification 
of the aft equipment compartment door. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 60 airplanes of U.S. registry.
    We also estimate that it will take about 8 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 $720 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $84,000, or $1,400 per product.
    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 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-2015-0081; 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):

2016-01-12 Bombardier, Inc. Airplanes: Amendment 39-18371. Docket 
No. FAA-2015-0081; Directorate Identifier 2014-NM-170-AD.

(a) Effective Date

    This AD becomes effective February 25, 2016.

(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 
9001 through 9476 inclusive and 9998.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports of fluid entry and accumulation 
in the aft equipment bay. We are issuing this AD to prevent 
excessive quantities of flammable fluid accumulation in the aft 
equipment bay. Flammable fluid entry and accumulation in the aft 
equipment bay, in excessive quantities, could exceed safe levels 
maintained by the drainage and ventilation system.

(f) Compliance

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

(g) Modification

    Within 24 months after the effective date of this AD, modify the 
aft equipment bay, in accordance with the Accomplishment 
Instructions of the applicable service information specified in 
paragraphs (g)(1) through (g)(4) of this AD.
    (1) For Model BD-700-1A10 airplanes, serial numbers 9002 through 
9312 inclusive, 9314 through 9380 inclusive, and 9384 through 9429 
inclusive: Bombardier Service Bulletin 700-52-042, dated March 29, 
2012.

[[Page 3306]]

    (2) For Model BD-700-1A10 airplanes, serial numbers 9381 and 
9432 through 9476 inclusive: Bombardier Service Bulletin 700-52-
6007, dated March 29, 2012.
    (3) For Model BD-700-1A11 airplanes, serial numbers 9127 through 
9383 inclusive, 9389 through 9400 inclusive, 9404 through 9431 
inclusive, and 9998: Bombardier Service Bulletin 700-1A11-52-019, 
dated March 29, 2012.
    (4) For Model BD-700-1A11 airplanes, serial numbers 9386, 9401, 
and 9445 through 9474 inclusive: Bombardier Service Bulletin 700-52-
5007, dated March 29, 2012.

(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-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, 
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-2014-25, dated August 21, 2014, 
for related information. This MCAI may be found in the AD docket on 
the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-
2015-0081-0002.

(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) Bombardier Service Bulletin 700-1A11-52-019, dated March 29, 
2012.
    (ii) Bombardier Service Bulletin 700-52-042, dated March 29, 
2012.
    (iii) Bombardier Service Bulletin 700-52-5007, dated March 29, 
2012.
    (iv) Bombardier Service Bulletin 700-52-6007, dated March 29, 
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 December 31, 2015.
Philip Forde,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-00371 Filed 1-20-16; 8:45 am]
 BILLING CODE 4910-13-P