[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Proposed Rules]
[Pages 73042-73044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25351]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / 
Proposed Rules  

[[Page 73042]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9190; Directorate Identifier 2016-NM-087-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) 2014-23-
06, for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 
100 & 440) airplanes. AD 2014-23-06 currently requires modifying the 
main landing gear (MLG) by installing a new bracket on the left and 
right lower aft-wing planks. Since we issued AD 2014-23-06, we have 
determined that it is necessary to require a different modification of 
the MLG. This proposed AD would require modification of the MLG with an 
improved design. We are proposing this AD to prevent incorrect 
installation of the brake hydraulic lines, which could cause the brakes 
and the anti-skid system to operate incorrectly, and result in 
catastrophic failure of the airplane during a high-speed rejected 
takeoff.

DATES: We must receive comments on this proposed AD by December 8, 
2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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; Widebody Customer Response Center North America toll-
free telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999; 
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-
9190; 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: Fabio Buttitta, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7303; 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-2016-9190; 
Directorate Identifier 2016-NM-087-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 November 5, 2014, we issued AD 2014-23-06, Amendment 39-18022 
(79 FR 69037, November 20, 2014) (``AD 2014-23-06''). AD 2014-23-06 
requires actions intended to correct an unsafe condition for certain 
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes.
    Since we issued AD 2014-23-06, we have determined that the 
modification required by AD 2014-23-06 is inadequate, and that it is 
necessary to require an improved modification of the MLG.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-10R1, dated May 4, 2016 (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:

    Cases of inboard and outboard hydraulic brake lines connected to 
the incorrect port of the swivel assembly on the main landing gear 
were found in service. Cross-connected brake hydraulic lines can 
cause the brakes and/or the anti-skid system to operate incorrectly. 
During a high speed rejected take-off, inability for the brakes to 
operate correctly could be catastrophic. The original issue of this 
[Canadian] AD mandated the modification to prevent inadvertent 
cross-connection of the inboard and outboard hydraulic brake lines.
    Following the initial release of this [Canadian] AD, operators 
reported that the modifications required by Bombardier Service 
Bulletin (SB) 601R-32-110 Rev. NC., dated 19 December 2013, still 
have a potential for incorrect connection. Subsequently, the SB has 
been revised to introduce a modified design and this [Canadian] AD 
revision is issued to mandate the incorporation of the modified 
design.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for

[[Page 73043]]

and locating Docket No. FAA-2016-9190.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued Bombardier Service Bulletin 601R-32-
110, Revision C, dated May 4, 2016. The service information describes 
modifying the MLG by installing a block on the left and right lower 
aft-wing planks. 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 526 airplanes of U.S. 
registry.
    We also estimate that it would take about 9 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $190 
per product. Based on these figures, we estimate the cost of this 
proposed AD on U.S. operators to be $502,330, or $955 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) 
2014-23-06, Amendment 39-18022 (79 FR 69037, November 20, 2014), and 
adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2016-9190; Directorate Identifier 
2016-NM-087-AD.

(a) Comments Due Date

    We must receive comments by December 8, 2016.

(b) Affected ADs

    This AD replaces AD 2014-23-06, Amendment 39-18022 (79 FR 69037, 
November 20, 2014) (``AD 2014-23-06'').

(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 32, Landing 
gear.

(e) Reason

    This AD was prompted by a report indicating that inboard and 
outboard hydraulic lines of the brakes were found connected to the 
incorrect ports on the swivel assembly of the main landing gear 
(MLG). We are issuing this AD to prevent incorrect installation of 
the brake hydraulic lines, which could cause the brakes and the 
anti-skid system to operate incorrectly, and result in catastrophic 
failure of the airplane during a high-speed rejected takeoff.

(f) Compliance

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

 (g) Modification of the MLG

    (1) For airplanes on which Bombardier Service Bulletin 601R-32-
110, dated December 19, 2013, has been incorporated: Within 6,600 
flight hours or 37 months after the effective date of this AD, 
whichever occurs first, modify the MLG, in accordance with Part B of 
the Accomplishment Instructions of Bombardier Service Bulletin 601R-
32-110, Revision C, dated May 4, 2016.
    (2) For airplanes on which Bombardier Service Bulletin 601R-32-
110, dated December 19, 2013, has not been incorporated: Within 
4,400 flight hours or 24 months after the effective date of this AD, 
whichever occurs first, modify the MLG, in accordance with Part A of 
the Accomplishment Instructions of Bombardier Service Bulletin 601R-
32-110, Revision C, dated May 4, 2016.

(h) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g)(1) of this AD, if those actions were performed before 
the effective date of this AD using Part B of Bombardier Service 
Bulletin 601R-32-110, Revision A, dated October 29, 2015; or 
Revision B, dated January 26, 2016.
    (2) This paragraph provides credit for actions required by 
paragraph (g)(2) of this AD, if those actions were performed before 
the effective date of this AD using Part A of Bombardier Service 
Bulletin 601R-32-110, Revision A, dated October 29, 2015; or 
Revision B, dated January 26, 2016.

(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 New York 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

[[Page 73044]]

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.
    (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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2014-10R1, dated May 4, 
2016, 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-2016-9190.
    (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; Widebody Customer Response Center 
North America toll-free telephone 1-866-538-1247 or direct-dial 
telephone 1-514-855-2999; 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 October 12, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-25351 Filed 10-21-16; 8:45 am]
 BILLING CODE 4910-13-P