[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Rules and Regulations]
[Pages 33363-33366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11932]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2457; Directorate Identifier 2014-NM-209-AD; 
Amendment 39-18525; AD 2016-10-14]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain

[[Page 33364]]

Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 
702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, 
and Model CL-600-2D24 (Regional Jet Series 900) airplanes. This AD was 
prompted by a report indicating that some operators have inadvertently 
removed the existing insulation blankets from the upper wing box area. 
This AD requires inspecting for and replacing missing insulation 
blankets in the upper wing box area. We are issuing this AD to detect 
and replace missing insulation blankets from the upper wing box area, 
which could result in inadequate thermal protection to prevent fuel 
ignition in the event of an undetected bleed-air leak due to a cracked 
or ruptured bleed-air duct.

DATES: This AD becomes effective June 30, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 30, 
2016.

ADDRESSES: 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-
2457.

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-2015-
2457; 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 Office (telephone 
800-647-5527) is 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 20590.

FOR FURTHER INFORMATION CONTACT: Morton Lee, Aerospace Engineer, 
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone 516-228-7355; 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-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, 
Model CL-600-2D15 (Regional Jet Series 705) airplanes, and Model CL-
600-2D24 (Regional Jet Series 900) airplanes. The NPRM published in the 
Federal Register on July 7, 2015 (80 FR 38656) (``the NPRM'').
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-35, dated October 3, 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-600-2C10 
(Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 
(Regional Jet Series 705) airplanes, and Model CL-600-2D24 (Regional 
Jet Series 900) airplanes. The MCAI states:

    It was discovered that some operators have inadvertently removed 
the existing insulation blankets from the upper wing box area while 
incorporating Bombardier Service Bulletin (SB) 670BA-36-016 to 
comply with [Canadian] AD CF-2012-06 [http://wwwapps3.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/awd-lv-cs1401.asp?rand=] [which corresponds to 
FAA AD 2012-12-02, Amendment 39-17081 (77 FR 36129, June 18, 2012)].
    Without insulation blankets on the upper wing box area, there 
may be inadequate thermal protection to prevent fuel ignition in the 
event of an undetected bleed air leak due to a cracked or ruptured 
bleed-air duct.
    This [Canadian] AD mandates the inspection and rectification 
[i.e., replacement], as required, of the insulation blankets in the 
upper wing box area.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2457.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request To Revise the Applicability

    Bombardier and Endeavor Air requested that we exclude certain 
airplanes from the applicability. Bombardier stated that two airplanes, 
manufacturer serial numbers 15272 and 15279, should not be included in 
the applicability of the proposed AD, since these two airplanes had 
Bombardier Service Bulletin 670BA-36-016, Revision A, dated October 11, 
2011, incorporated during production by the manufacturer. Therefore, 
Bombardier stated that those airplanes are not affected by the 
potential unsafe condition. Bombardier commented that proof of 
incorporation by Bombardier personnel can be provided to the FAA if 
required.
    Endeavor Air stated that these airplanes accomplished Bombardier 
Service Bulletin 670BA-36-016, Revision A, dated October 11, 2011, 
prior to delivery to the operator.
    We agree with the commenter's request for the reasons provided 
above. We have revised paragraph (c) of this AD accordingly.

Request To Provide Clarification of AD Actions

    Endeavor Air stated that the proposed AD would require affected 
operators to inspect for missing thermal protection blankets using 
Bombardier Service Bulletin 670BA-57-024 because ``. . . some operators 
have inadvertently removed the existing insulation blanket from the 
upper wing box area while incorporating Bombardier Service Bulletin 
670BA-36-016 to comply with FAA AD 2012-12-02. . . .''
    Endeavor Air stated that the FAA did not provide any information 
why this may have occurred or that the problem is widespread. Endeavor 
Air also stated that Bombardier Service Bulletin 670BA-36-016 did not 
include instructions for removing the insulation blankets that were 
inadvertently removed by some operators. Endeavor Air therefore 
concluded that the operators or their maintenance provider did not 
correctly follow the instructions in Bombardier Service Bulletin 670BA-
36-016. Endeavor Air stated that it does not agree that the incorrect 
accomplishment of Bombardier Service Bulletin 670BA-36-016 by some 
operators should require all affected operators to perform the blanket 
inspections without a clear explanation why this problem could 
plausibly exist for all operators.
    We agree that clarification is necessary. Bombardier has the 
service history and data showing a potential widespread problem, and 
TCCA concurred. Bombardier developed Bombardier Service Bulletin 670BA-
57-024 with a different effectivity than that of Bombardier Service 
Bulletin 670BA-36-016 in order to give credit to

[[Page 33365]]

airplanes on which the original blankets were not removed when 
Bombardier Service Bulletin 670BA-36-016 was incorporated. We have 
added an option to paragraph (g) of this AD to allow operators to do a 
records review in lieu of the inspection.

Request To Review Compliance Method

    Endeavor Air requested the we review the last sentence in paragraph 
(g)(2) of the proposed AD. Endeavor Air stated that because the 
corrective action is to restore an already approved configuration by 
reinstalling insulation blankets, it believes that the corrective 
action using ``a method acceptable to the Manager, New York Aircraft 
Certification Office,'' rather than ``a method approved by the Manager, 
New York Aircraft Certification Office,'' would suffice.
    We disagree with the commenter. The word ``approved'' is part of 
our standard language for describing methods of compliance in ADs. For 
a method to be ``acceptable,'' it must have FAA approval. We have not 
changed this AD is this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
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 for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier Service Bulletin 670BA-57-024, dated July 
23, 2014. This service information describes procedures for an 
inspection of the insulation blankets in the upper wing box area to 
find if the blankets are installed, and replacement of missing 
insulation blankets. 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 470 airplanes of U.S. registry.
    We also estimate that it would 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 would cost about $0 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $159,800, or $340 per product.
    In addition, we estimate that any necessary follow-on actions would 
take up to 70 work-hours and require parts costing up to $665, for a 
cost of up to $6,615 per product. We have no way of determining the 
number of aircraft that might need this action.

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):

2016-10-14 Bombardier, Inc.: Amendment 39-18525. Docket No. FAA-
2015-2457; Directorate Identifier 2014-NM-209-AD.

(a) Effective Date

    This AD becomes effective June 30, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2C10 (Regional 
Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 (Regional 
Jet Series 705) airplanes, and Model CL-600-2D24 (Regional Jet 
Series 900) airplanes, certificated in any category, as identified 
in Bombardier Service Bulletin 670BA-57-024, dated July 23, 2014; 
except airplanes having manufacturer serial numbers 15272 and 15279.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a report indicating that some operators 
have inadvertently removed the existing insulation blankets from the 
upper wing box area. We are issuing this AD to detect and replace 
missing insulation blankets from the upper wing box area, which 
could result in inadequate thermal protection to prevent fuel 
ignition in the event of an undetected bleed-air leak due to a 
cracked or ruptured bleed-air duct.

(f) Compliance

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

(g) Inspection

    Within 800 flight hours or 4 months after the effective date of 
this AD, whichever occurs first: Do a general visual inspection of 
the insulation blankets in the upper wing box area to determine 
whether any insulation blanket is missing in specified areas, in 
accordance with Part A of the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-57-024, dated July 23, 2014. For 
airplanes on which Bombardier Service Bulletin 670BA-36-016 has been 
done: A review of airplane maintenance records is acceptable in lieu 
of this inspection if it can be conclusively determined from that 
review that the insulation blanket has been reinstalled after

[[Page 33366]]

incorporation of Bombardier Service Bulletin 670BA-36-016.
    (1) If no insulation blanket is missing, no further action is 
required by this AD.
    (2) If any insulation blanket is missing, within 1,200 flight 
hours or 6 months after the effective date of this AD, whichever 
occurs first, replace the missing insulation blankets, in accordance 
with Part B of the Accomplishment Instructions of Bombardier Service 
Bulletin 670BA-57-024, dated July 23, 2014; except, where Bombardier 
Service Bulletin 670BA-57-024, dated July 23, 2014, specifies 
contacting Bombardier for ``an approved disposition to complete this 
service bulletin,'' this AD requires corrective action to be done 
using a method approved by the Manager, New York Aircraft 
Certification Office (ACO), ANE-170, FAA; or Transport Canada Civil 
Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval 
Organization (DAO).

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York 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, FAA; or TCCA; or Bombardier, Inc.'s TCCA 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-2014-35, dated October 3, 2014, 
for related information. This MCAI may be found in the AD docket on 
the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2015-2457.

(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 670BA-57-024, dated July 23, 
2014.
    (ii) Reserved.
    (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 May 12, 2016.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-11932 Filed 5-25-16; 8:45 am]
 BILLING CODE 4910-13-P