[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Rules and Regulations]
[Pages 59839-59842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20707]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1075; Directorate Identifier 2012-NM-111-AD; 
Amendment 39-18628; AD 2016-17-15]
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-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This AD was prompted by the need for more stringent 
inspection requirements for certain affected components. This AD 
requires revising the maintenance or inspection program to incorporate 
certain revised airworthiness limitations (AWL) and require repairs of 
affected components. We are issuing this AD to detect and correct 
fatigue cracking in the affected components; such cracking could result 
in loss of structural integrity.

DATES: This AD is effective October 5, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 5, 
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-2012-
1075.

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-2012-
1075; 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: Jeffrey Zimmer, 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: 516-228-7306; fax: 516-794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 by adding an AD that would apply to certain 
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. The SNPRM published in the Federal Register on October 27, 
2015 (80 FR 65666) (``the SNPRM''). We preceded the SNPRM with a notice 
of proposed rulemaking (NPRM) that published in the Federal Register on 
October 16, 2012 (77 FR 63282) (``the NPRM''). The NPRM proposed to 
require revising the maintenance or inspection program to incorporate 
revised AWL tasks specified in certain technical requirements. The NPRM 
was prompted by the need for more stringent inspection requirements for 
certain affected components. The SNPRM proposed to require revising the 
maintenance or inspection program to incorporate certain revised AWL 
tasks instead of TRs, and to require repairs of affected components. We 
are issuing this AD to detect and correct fatigue cracking in the 
affected components. Such cracking could result in loss of structural 
integrity.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority

[[Page 59840]]

for Canada, has issued Canadian AD CF-2012-13, dated April 10, 2012 
(referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. The MCAI states:

    A revision has been made to Part 2 of the Canadair Regional Jet 
Maintenance Requirements Manual (MRM), Airworthiness Limitations 
(AWL), to introduce more stringent inspection requirements for 
continued airworthiness based on re-analysis, in-service data and/or 
fatigue testing. Failure to comply with these revised AWL items 
could lead to an unsafe condition.
    This [Canadian] AD is issued to ensure that fatigue cracking of 
these affected components [and consequent loss of airplane 
structural integrity] is detected and corrected.

    Required actions include revising the maintenance program by 
incorporating the revised inspection requirements specified in certain 
TRs. 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-2012-1075.

Comments

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

Request To Withdraw SNPRM

    Mr. Aaron Ahern stated that the SNPRM must be denied and considered 
null and void. Mr. Ahern provided no justification for this statement.
    From this statement, we infer that Mr. Ahern is requesting we 
withdraw the SNPRM. We disagree with the request. It is within our 
authority to issue ADs to require actions to address unsafe conditions 
that are not otherwise being addressed (or are not addressed 
adequately) by normal maintenance procedures. We may address such 
unsafe conditions by requiring revisions to maintenance or inspection 
programs as a condition under which airplanes may continue to be 
operated. We agree with TCCA's finding of an unsafe condition based on 
analysis, in-service data, and/or fatigue testing. From the data 
gathered, we have determined that fatigue cracking is likely to exist 
or develop in certain components of the affected airplanes. As a 
result, we have determined that the actions required by this AD are 
necessary to address the identified unsafe condition. We have not 
changed this final rule in this regard.

Request To Allow for Other Methods of Compliance

    Air Wisconsin Airlines Corporation (Air Wisconsin) requested that 
we revise the proposed AD to allow qualified FAA representatives, such 
as Designated Engineering Representatives (DERs) and Organization 
Designation Authorization (ODA) holders, to approve repair methods. Air 
Wisconsin stated that 14 CFR 121.1109 (Supplemental Inspections) 
requires a certificate holder's maintenance program to include FAA-
approved damage tolerance inspections and procedures. Air Wisconsin 
pointed out that both DERs and ODAs already perform damage tolerance 
evaluations (DTEs).
    We disagree. While we might authorize a design approval holder's 
DERs to determine whether a design or repair method complies with a 
specific requirement of a structural AD, they are not authorized to 
make the discretionary determination of the applicable requirement. 
DERs are not authorized to approve repairs as alternative methods of 
compliance (AMOCs) to ADs, except under specific conditions described 
in FAA Orders 8110.103, 8100.15, and 8100.37. In addition, this AD 
already includes a provision for TCCA's Design Approval Organization 
(DAO) to approve repairs. We have not changed this AD in this regard.

Request To Confirm Previously Approved Repairs

    Air Wisconsin requested that we confirm whether repairs that may 
not have been incorporated per paragraphs (k)(2)(i), (k)(2)(ii), and 
(k)(2)(iii) of the proposed AD (in the SNPRM) are still considered 
approved for compliance to this AD under paragraph (k)(2) of the 
proposed AD (in the SNPRM).
    We agree. As long as the previously approved repair meets the 
requirements of paragraphs (k)(2)(i), (k)(2)(ii), and (k)(2)(iii) of 
this AD, it does not matter when the repair is actually accomplished. 
We have clarified paragraph (k)(2)(i) of this AD to reflect this. In 
response to Air Wisconsin's comment regarding this issue in the NPRM, 
we had included a provision in paragraph (k)(2)(i) of the proposed AD 
(in the SNPRM) to allow for previously approved repairs in the 
inspection area that were approved by the Manager, New York Aircraft 
Certification Office, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA 
DAO, but that provision included the language ``the repairs were 
accomplished.'' We have removed that language from paragraph (k)(2)(i) 
of this AD.

Request To Reference Revised Service Information

    SkyWest Airlines (SkyWest) requested that we revise the SNPRM to 
reference the latest service information. SkyWest pointed out that 
Bombardier has issued Revision 10, dated May 10, 2015, of Part 2, 
Airworthiness Requirements, of the Bombardier CL-600-2B19 Maintenance 
Requirements Manual (MRM), CSP A-053.
    We agree to reference Bombardier Revision 10, dated May 10, 2015, 
of Part 2, Airworthiness Requirements, of the Bombardier CL-600-2B19 
MRM, CSP A-053, as the appropriate source of service information for 
certain requirements of this AD. We have revised this final rule 
accordingly.

Request To Remove Requirement That Repair Approvals Refer to the MCAI

    SkyWest requested that we remove the requirement that repair 
approvals must refer to the MCAI. SkyWest stated that leaving this 
paragraph in the AD would require SkyWest to request a large number of 
AMOCs for their fleet as soon as the AD becomes effective. SkyWest 
asserts that none of the repair engineering orders (REOs) and general 
repair engineering orders (GREOs) reference the MCAI, and do not have 
an inspection method.
    We disagree with the request. We are aware of instances of repairs 
in an affected area that are signed by the foreign authority's 
authorized delegate, but did not correct the unsafe condition because 
they were outdated. A repair that references the unsafe condition 
addressed in the MCAI guarantees an approved repair. A revised service 
document or AMOC that satisfies the requirements of paragraph (k)(2) of 
this AD is acceptable. We have not changed this AD in 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 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

[[Page 59841]]

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued Appendix B--Airworthiness Limitations, 
of Part 2 Airworthiness Requirements, Revision 10, dated May 10, 2015, 
of the Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM) CSP 
A-053. Appendix B provides specific AWLs, including the following AWLs.
     AWL 52-11-131, ``Passenger door--piano hinge half on door 
side.'' This AWL describes procedures for a detailed visual inspection 
of the piano hinge half on the passenger door side.
     AWL 53-11-122, ``Windshield center post and bulkhead aft 
post at FS202.75.'' This AWL describes procedures for a special 
detailed inspection of the windshield center post and bulkhead aft post 
at fuselage station (FS) 202.75.
     AWL 53-21-118, ``Potable water servicing door cut-out and 
internal structure.'' This AWL describes procedures for a detailed 
visual inspection of the potable water servicing door cut-out and 
internal structure.
     AWL 53-21-129, ``Passenger door--piano hinge half on 
fuselage side.'' This AWL describes procedures for a detailed visual 
inspection of the piano hinge half of the passenger door on the 
fuselage side.
     AWL 53-41-199, ``FS409.0 +128 vertical posts at BL0.0 and 
BL18.0 left and right local to WL69.0.'' This AWL describes procedures 
for a special detailed inspection of the FS409.0 +128 left and right 
vertical posts at buttock line (BL) 0.0 and BL18.0 local to water line 
(WL) 69.0.
     AWL 53-41-200, ``FS409.0 +128 frame cap aft and fwd splice 
angles at STR21 left and right.'' This AWL describes procedures for a 
detailed visual inspection of the FS409.0 +128 frame cap aft and 
forward splice angles at stringer 21.
     AWL 53-41-201, ``FS559.0 pressure bulkhead web and cap 
angle local to BL9.0 and BL18.0 left and right.'' This AWL describes 
procedures for a special detailed inspection of the left and right 
FS559.0 pressure bulkhead web and cap angle local to BL9.0 and BL18.0.
     AWL 53-61-156, ``Rear pressure bulkhead forward face below 
floor.'' This AWL describes procedures for a special detailed 
inspection of the below floor forward face of the rear pressure 
bulkhead.
     AWL 54-10-105, ``Pylon track and support fitting.'' This 
AWL describes procedures for a special detailed inspection of the pylon 
track and support fitting.
     AWL 54-10-106, ``Pylon track and support fitting.'' This 
AWL describes procedures for a special detailed inspection of the pylon 
track and support fitting.
     AWL 57-21-105, ``Lower wing skin, between BL0.0 to wing 
station (WS) 314.0.'' This AWL describes procedures for a detailed 
visual inspection of the lower wing skin, between BL0.0 to WS314.0.
     AWL 57-21-112, ``Lower wing plank splice joints at BL45.0, 
WS65.75, and WS148.0.'' This AWL describes procedures for a special 
detailed inspection of the lower wing plank splice joints at BL45.0, 
WS65.75, and WS148.0.
    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 575 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                    Action                                Labor cost                product         operators
----------------------------------------------------------------------------------------------------------------
Revising maintenance program.................  1 work-hour x $85 per hour =                $85          $48,875
                                                $85.
----------------------------------------------------------------------------------------------------------------

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):

2016-17-15 Bombardier, Inc: Amendment 39-18628. Docket No. FAA-2012-
1075; Directorate Identifier 2012-NM-111-AD.

[[Page 59842]]

(a) Effective Date

    This AD is effective October 5, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category, 
serial numbers 7003 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic 
inspections.

(e) Reason

    This AD was prompted by the need for more stringent inspection 
requirements for certain affected components. We are issuing this AD 
to detect and correct fatigue cracking in the affected components, 
which could result in loss of structural integrity.

(f) Compliance

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

(g) Maintenance Program or Inspection Program Revision

    Within 60 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate the 
revised inspection requirements specified in the AWLs identified in 
paragraphs (g)(1) through (g)(12) of this AD. These AWLs are 
identified in Appendix B--Airworthiness Limitations, of Part 2, 
Airworthiness Requirements, Revision 10, dated May 10, 2015, of the 
Bombardier CL-600-2B19 Maintenance Requirements Manual (MRM) CSP A-
053.
    (1) AWL 52-11-131, ``Passenger door--piano hinge half on door 
side.''
    (2) AWL 53-11-122, ``Windshield center post and bulkhead aft 
post at FS202.75.''
    (3) AWL 53-21-118, ``Potable water servicing door cut-out and 
internal structure.''
    (4) AWL 53-21-129, ``Passenger door--piano hinge half on 
fuselage side.''
    (5) AWL 53-41-199, ``FS409.0+128 vertical posts at BL0.0 and 
BL18.0 left and right local to WL69.0.''
    (6) AWL 53-41-200, ``FS409.0+128 frame cap aft and fwd splice 
angles at STR21 left and right.''
    (7) AWL 53-41-201, ``FS559.0 pressure bulkhead web and cap angle 
local to BL9.0 and BL18.0 left and right.''
    (8) AWL 53-61-156, ``Rear pressure bulkhead forward face below 
floor.''
    (9) AWL 54-10-105, ``Pylon track and support fitting.''
    (10) AWL 54-10-106, ``Pylon track and support fitting.''
    (11) AWL 57-21-105, ``Lower wing skin, between BL0.0 to 
WS314.0.''
    (12) AWL 57-21-112, ``Lower wing plank splice joints at BL45.0, 
WS65.75, and WS148.0.''

(h) Initial Compliance Times for AWL Tasks

    (1) For tasks with phase-in schedules specified in the AWLs 
identified in paragraphs (g)(1) through (g)(12) of this AD: The 
initial compliance times are at the applicable times specified in 
the applicable AWL, or within 60 days after the effective date of 
this AD, whichever occurs later, except as specified in paragraph 
(h)(2) of this AD.
    (2) For tasks with no phase-in schedules specified in the AWLs 
identified in paragraphs (g)(1) through (g)(12) of this AD: The 
initial compliance times are at the applicable times specified in 
Appendix B--Airworthiness Limitations, of Part 2, Airworthiness 
Requirements, Revision 10, dated May 10, 2015, of the Bombardier CL-
600-2B19 MRM CSP A-053; or within 1,000 flight cycles after the 
effective date of this AD; whichever occurs later.

(i) Corrective Action

    If any damage (including, but not limited to, cracking, 
corrosion, and wear) is found during any inspection required by any 
AWL specified in paragraph (g) of this AD: Before further flight, 
repair 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).

(j) No Alternative Actions or Intervals

    After accomplishing the revisions required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used other than those specified in the AWLs identified in 
paragraphs (g)(1) through (g)(12) of this AD; unless the actions and 
intervals are approved as an AMOC in accordance with the procedures 
specified in paragraph (k) of this AD, or the actions and intervals 
are approved as part of a repair specified in paragraph (i) of 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 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) Previously Approved Repairs: Repairs approved before the 
effective date of this AD that meet the conditions specified in 
paragraphs (k)(2)(i), (k)(2)(ii), and (k)(2)(iii) of this AD are 
acceptable methods of compliance for the repaired area.
    (i) The repairs were approved by the Manager, New York ACO, ANE-
170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.
    (ii) The repair approval refers to Mandatory Continuing 
Airworthiness Information (MCAI) Canadian AD CF-2012-13, dated April 
10, 2012, and provides an inspection program (inspection threshold, 
method, and repetitive interval).
    (iii) The operator has revised its maintenance or inspection 
program, as applicable, to include the inspection program 
(inspection threshold, method, and repetitive interval) for the 
repair.
    (3) 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.

(l) Related Information

    Refer to MCAI Canadian AD CF-2012-13, dated April 10, 2012, for 
related information. 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-2012-1075.

(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) Appendix B--Airworthiness Limitations, of Part 2, 
Airworthiness Requirements, of the Bombardier CL-600-2B19 
Maintenance Requirements Manual, Revision 10, dated May 10, 2015.
    (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 August 18, 2016.
Dorr M. Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-20707 Filed 8-30-16; 8:45 am]
BILLING CODE 4910-13-P