[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Proposed Rules]
[Pages 36813-36815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12887]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6897; Directorate Identifier 2015-NM-187-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2015-03-
01, for all Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 
& 440) airplanes. AD 2015-03-01 currently requires installing 
additional attaching hardware on the left and right fan cowl access 
panels and the nacelle attaching structures. Since we issued AD 2015-
03-01, there have been updates to the weight and balance data needed to 
calculate the center of gravity for affected airplanes. This proposed 
AD would require weight and balance data to be included in the Weight 
and Balance Manual and applicable logbooks for airplanes modified per 
Bombardier Service Bulletin 601R-71-034, Revision B, dated August 1, 
2014. The proposed AD would also require the weight and balance data to 
be used in order to calculate the center of gravity for affected 
airplanes. We are proposing this AD to prevent damage to the fuselage 
and flight control surfaces from dislodged engine fan cowl panels, and 
prevent incorrect weight and balance calculations. Incorrect weight and 
balance calculations may shift the center of gravity beyond approved 
design parameters and affect in-flight control, which could endanger 
passengers and crew.

DATES:  We must receive comments on this proposed AD by July 25, 2016.

ADDRESSES: You may send comments 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 NPRM, 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-2016-
6897; 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 proposed 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: Aziz Ahmed, 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 516-228-7329; fax 516-794-5531.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-6897; 
Directorate Identifier 2015-NM-187-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed 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 proposed AD.

Discussion

    On January 30, 2015, we issued AD 2015-03-01, Amendment 39-18097 
(80 FR 7298, February 10, 2015) (``AD 2015-03-01''). AD 2015-03-01 
requires installing additional attaching hardware on the left and right 
fan cowl access panels and the nacelle attaching structures. Since we 
issued AD 2015-03-01, we have determined it is necessary to update the 
weight and balance data needed to calculate the center of gravity for 
affected airplanes.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-20R1, dated August 12, 2015 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes The MCAI states:

    There have been a number of engine fan cowl panel dislodgement 
incidents reported on the Bombardier CL-600-2B19 aeroplane fleet. 
The dislodged panels may cause damage to the fuselage and flight 
control surfaces of the aeroplane. Also, the debris from a dislodged 
panel may result in runway contamination and has the potential of 
causing injury on the ground.
    Although the majority of the subject panel dislodgements were 
reported on the first or second flight after an engine maintenance 
task was performed that required removal and reinstallation of the 
subject panels, the frequency of the dislodgements indicates that 
the existing attachment design is prone to human (maintenance) 
error.

[[Page 36814]]

    In order to mitigate the potential safety hazard of the subject 
panel dislodgement, Bombardier had issued Service Bulletin (SB) 
601R-71-034 to install additional fasteners for the attachment of 
the engine fan cowl panels to the nacelle's structure. Compliance of 
the above SB was mandated by the original issue of [Canadian] AD CF-
2014-20 dated 9 July 2014 [which corresponded to FAA AD 2015-03-01].
    Bombardier has now revised the SB 601R-71-034 (to Revision C) 
requiring weight and balance data to be included in the Weight and 
Balance manual for aeroplanes modified per the subject SB. This 
revised [Canadian] AD is issued to mandate compliance with SB 601R-
71-034, Rev C.

Required actions also include the retained actions of modifying the 
engine fan cowl panel. 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-2016-6897.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued Bombardier Service Bulletin, 601R-71-
034, Revision C, dated May 8, 2015. The service information provides 
procedures for modifying the fan cowl access panels and the nacelle 
attaching structures. The service information also provides updated 
weight and balance data. 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.

FAA's Determination and Requirements of This Proposed 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 proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Costs of Compliance

    We estimate that this proposed AD affects 497 airplanes of U.S. 
registry.
    The actions required by AD 2015-03-01 and retained in this proposed 
AD take about 8 work-hours per product, at an average labor rate of $85 
per work-hour. Required parts cost about $5,458 per product. Based on 
these figures, the estimated cost of the actions that are required by 
AD 2015-03-01 is $6,138 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $42,245, 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 removing Airworthiness Directive (AD) 
2015-03-01, Amendment 39-18097 (80 FR 7298, 8February 10, 2015), and 
adding the following new AD:

Bombardier Inc.: Docket No. FAA-2016-6897; Directorate Identifier 
2015-NM-187-AD.

(a) Comments Due Date

    We must receive comments by July 25, 2016.

(b) Affected ADs

    This AD replaces AD 2015-03-01, Amendment 39-18097 (80 FR 7298, 
February 10, 2015) (``AD 2015-03-01'').

(c) Applicability

    This AD applies to all Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by dislodged engine fan cowl panels. We are 
issuing this AD to prevent damage to the fuselage and flight control 
surfaces from dislodged engine fan cowl panels, and prevent 
incorrect weight and balance calculations. Incorrect weight and 
balance calculations may shift the center of gravity beyond approved 
design parameters and affect in-flight control, which could endanger 
passengers and crew.

(f) Compliance

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

(g) Retained Fastener Installation, With Revised Service Information

    This paragraph restates the requirements of paragraph (g) of AD 
2015-03-01, with revised service information. Within 6,000 flight 
hours after March 17, 2015 (the effective date of AD 2015-03-01): 
Install attaching hardware on the left and right fan cowl access 
panels and the nacelle attaching structures, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-71-
034, Revision B, dated August 1, 2014; or Bombardier Service 
Bulletin 601R-71-034, Revision C, dated May 8, 2015. As of the 
effective date of this AD, only Bombardier Service Bulletin 601R-71-
034, Revision C, dated May 8, 2015, may be used.

[[Page 36815]]

(h) Inserting Weight and Balance Data

    Within 6,000 flight hours after the effective date of this AD, 
revise the applicable Weight and Balance Manual to include the 
weight and balance data specified in Bombardier Service Bulletin 
601R-71-034, Revision C, dated May 8, 2015.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Bombardier Service Bulletin 601R-71-034, dated 
March 31, 2014; or Service Bulletin 601R-71-034, Revision A, dated 
April 28, 2014. This service information is not incorporated by 
reference in this AD.

(j) 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.
    (i) 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.
    (ii) Global AMOC 15-36, dated August 28, 2015, is approved as an 
AMOC for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, 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 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2014-20R1, dated August 
12, 2015. 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-2016-6897.
    (2) 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 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.

    Issued in Renton, Washington, on May 18, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-12887 Filed 6-7-16; 8:45 am]
 BILLING CODE 4910-13-P