[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Rules and Regulations]
[Pages 10-12]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30418]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8180; Directorate Identifier 2016-NM-083-AD; 
Amendment 39-18760; AD 2016-26-02]
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-600-2C10 (Regional Jet Series 700, 701, & 
702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, 
Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-
600-2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by 
a determination that the protective polyurethane tapes applied to the 
upper surfaces of the aluminum and titanium floor structural members 
may overhang the profiles of the floor structural parts and may allow 
fire propagation below the floor structure. This AD requires an 
inspection of the polyurethane protective tapes installed on the floor 
structure for excess tape or incorrect tape installation, and 
corrective actions if necessary. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective February 7, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 7, 
2017.

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; 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. It is also available on 
the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2016-8180.

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-
8180; 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: Fabio Buttitta, 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: 516-228-7303; 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, Model CL-600-
2D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25 
(Regional Jet Series 1000) airplanes. The NPRM published in the Federal 
Register on July 28, 2016 (81 FR 49577) (``the NPRM''). The NPRM was 
prompted by a determination that the protective polyurethane tapes 
applied to the upper surfaces of the aluminum and titanium floor 
structural members may not be trimmed properly, and on some places may 
overhang the profiles of the floor structural parts. Subsequent tests 
revealed that the overhanging pieces of tapes that are not bonded to 
the structure do not meet the flammability requirements and may allow 
fire propagation below the floor structure. The NPRM proposed to 
require an inspection of the polyurethane protective tapes installed on 
the floor structure for excess tape or incorrect tape installation, and 
corrective actions if necessary. We are issuing this AD to detect and 
correct overhanging pieces of protective polyurethane tapes, which are 
not bonded to the structure and do not meet the flammability 
requirements; this condition may allow fire propagation below the floor 
structure.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2016-14, dated May 18, 
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-600-2C10 (Regional Jet Series 700, 
701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) 
airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and 
Model CL-600-2E25 (Regional Jet Series 1000) airplanes. The MCAI 
states:

    An inspection revealed that the protective polyurethane tapes 
applied to the upper surfaces of the aluminum and titanium floor 
structural members installed on CRJ 700/900/1000 aeroplanes may not 
be trimmed properly and on some places may overhang the profiles of 
the floor structural parts. Subsequent tests revealed that the 
overhanging pieces of tapes which are not bonded to the structure, 
do not meet the flammability requirements. If not corrected, this 
condition may allow fire propagation below the floor structure.
    This [Canadian] AD was issued to mandate the [detailed] 
inspection and removal of any excessive pieces of overhanging tape 
[or replacing incorrectly installed tape] found on the floor 
structure.

    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-
8180.

[[Page 11]]

Comments

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

Request To Revise Compliance Time

    Endeavor Air requested that we revise the compliance time from 
12,600 flight hours after the effective date of this AD to 16,000 
flight hours after the effective date of this AD. Endeavor Air 
explained that it understands that the 12,600-flight-hour threshold was 
established to coincide with 12,000-flight-hour 2C check tasks, when 
removal of all the floor boards over the entire length of the airplane 
is scheduled, and not due to other calculations. Endeavor Air stated 
that Bombardier is in the process of escalating the intervals for a C-
check (which includes removing the floor boards to expose the 
polyurethane tapes) from 12,000 flight hours to 16,000 flight hours. 
Endeavor Air explained that this increase will prevent an undue 
financial burden by allowing operators to accomplish this inspection 
during scheduled floor removal. Endeavor Air also stated that it has 
received written support from Bombardier for escalating this corrective 
action to 16,000 flight hours.
    We do not agree with the commenter's request to extend the 
compliance time. Escalation of the C-check interval has not been 
approved yet and is a separate issue from the safety concern being 
addressed in this AD. We have determined that the compliance time, as 
proposed, represents the maximum interval of time allowable for the 
affected airplanes to continue to safely operate before the inspection 
is done. However, according to the provisions of paragraph (i) of this 
AD, we might approve requests to adjust the compliance time if the 
request includes data that substantiates that the new compliance time 
would provide an acceptable level of safety. We have not changed this 
AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comment received, 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 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

    Bombardier has issued Service Bulletin 670BA-53-055, dated December 
3, 2015. The service information describes procedures for inspecting 
the polyurethane protective tapes for any excess tape or incorrect tape 
installation on the floor structure, and doing corrective actions, 
which include removing any excess tape and replacing any incorrectly 
installed tape. 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 569 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            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection and repair.............  190 work-hours x $85 per               $0          $16,150       $9,189,350
                                     hour = $16,150.
----------------------------------------------------------------------------------------------------------------

    Bombardier provided a single cost only. It did not separate out 
costs for inspection and corrective actions. Therefore, we have not 
specified separate on-condition repair costs.

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):

2016-26-02 Bombardier, Inc.: Amendment 39-18760; Docket No. FAA-
2016-8180; Directorate Identifier 2016-NM-083-AD.

(a) Effective Date

    This AD is effective February 7, 2017.

[[Page 12]]

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc. airplanes identified in 
paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in 
any category.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) 
airplanes, serial numbers 10002 through 10342 inclusive.
    (2) Model CL-600-2D15 (Regional Jet Series 705) airplanes and 
Model CL-600-2D24 (Regional Jet Series 900) airplanes, serial 
numbers 15001 through 15347 inclusive.
    (3) Model CL-600-2E25 (Regional Jet Series 1000) airplanes, 
serial numbers 19001 through 19040 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a determination that the protective 
polyurethane tapes applied to the upper surfaces of the aluminum and 
titanium floor structural members may not be trimmed properly, and 
on some places may overhang the profiles of the floor structural 
parts. Subsequent tests revealed that the overhanging pieces of 
tapes that are not bonded to the structure do not meet the 
flammability requirements and may allow fire propagation below the 
floor structure. We are issuing this AD to detect and correct 
overhanging pieces of protective polyurethane tapes, which are not 
bonded to the structure and do not meet the flammability 
requirements; this condition may allow fire propagation below the 
floor structure.

(f) Compliance

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

(g) Inspection and Corrective Actions

    Within 12,600 flight hours after the effective date of this AD: 
Do a detailed inspection for excess tape or incorrect tape 
installation of the polyurethane protective tapes installed between 
floor panels and floor structure between fuselage station (FS) 
280.00 and FS969.00; and do all applicable corrective actions; in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 670BA-53-055, dated December 3, 2015, except as 
specified in paragraph (h) of this AD. Do all applicable corrective 
actions before further flight.

(h) Exception to Service Information

    Where Bombardier Service Bulletin 670BA-53-055, dated December 
3, 2015, specifies to contact Bombardier, Inc., to ``get an approved 
disposition to complete this service bulletin,'' 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).

(i) 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.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian AD CF-2016-14, dated May 18, 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-
2016-8180.

(k) 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-53-055, dated December 3, 
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; 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.
    (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 9, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-30418 Filed 12-30-16; 8:45 am]
 BILLING CODE 4910-13-P