[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Rules and Regulations]
[Pages 32620-32622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14698]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0696; Directorate Identifier 2017-NM-070-AD; 
Amendment 39-18960; AD 2017-14-16]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc., Model BD-100-1A10 airplanes. This AD requires 
removing the fasteners attaching the machined center fitting to the 
rear spar frame lower flange splice, inspecting the fasteners and 
fastener holes for damage, reworking and repairing the fastener holes, 
as applicable, and replacing the fasteners. This AD was prompted by a 
report indicating that certain fasteners attaching the machined rear 
spar center fitting to the frame were installed with a gap between the 
fastener head and the structure, or were installed tilted. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective August 1, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 1, 
2017.
    We must receive comments on this AD by August 31, 2017.

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 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-2017-0696.

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-2017-
0696; or in person at the Docket Operations office 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 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, Airframe 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: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2017-12, dated March 
10, 2017 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Bombardier, Inc. Model BD-100-1A10 airplanes. The 
MCAI states:

    During production, it was observed that some fasteners joining 
the machined rear spar center fitting were installed with a gap 
between the fastener head and the structure, and others were 
installed tilted. Improperly installed fasteners could cause a 
premature failure of the fitting fasteners and cracking within the 
fitting or frame, resulting in the loss of structural integrity of 
the wing to fuselage attachment.
    This [Canadian] AD mandates the removal of all fasteners at the 
rear spar frame lower flange splice, inspection and rework [and 
repair] of the holes, and fastener replacement with self-aligning 
fasteners and self-aligning collars.

    The inspections include a general visual inspection of the 
fasteners for damage (i.e., missing, broken, or deformed), and an eddy 
current inspection of the fastener holes for damage. Rework includes 
deburring and chamfering the holes.
    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0696.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued Service Bulletin 100-53-32, dated 
February 16, 2017. The service information describes procedures for 
removing and replacing the fasteners attaching the machined center 
fitting to the rear spar frame lower flange splice. The service 
information also describes procedures for inspecting the fasteners and 
fastener holes and reworking the fastener holes. 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 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 issuing this

[[Page 32621]]

AD because we evaluated all pertinent information and determined the 
unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
improperly installed fasteners could cause premature failure of the 
fitting fasteners and cracking within the fitting or frame, resulting 
in reduced structural integrity of the wing-to-fuselage attachment. 
Therefore, we determined that notice and opportunity for public comment 
before issuing this AD are impracticable and that good cause exists for 
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2017-0696; Directorate 
Identifier 2017-NM-070-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    We estimate that this AD affects 187 airplanes of U.S. registry.
    We also estimate that it will take about 37 work-hours per product 
to comply with the basic requirements of this AD and 1 work-hour per 
product for reporting. The average labor rate is $85 per work-hour. 
Required parts will cost about $15,150 per product. Based on these 
figures, we estimate the cost of this AD on U.S. operators to be 
$3,437,060, or $18,380 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for other on-condition actions specified in this AD.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information 
Collection Clearance Officer, AES-200.

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):

2017-14-16 Bombardier, Inc.: Amendment 39-18960; Docket No. FAA-
2017-0696; Directorate Identifier 2017-NM-070-AD.

(a) Effective Date

    This AD becomes effective August 1, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, serial numbers 20001 
through 20433 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by a report indicating that certain 
fasteners attaching the machined rear spar center fitting to the 
frame were installed with a gap between the fastener head and the 
structure, or were installed tilted. We are issuing this AD to 
prevent failure of the fitting fasteners and consequent cracking 
within the fitting or frame, which could result in reduced 
structural integrity of the wing-to-fuselage attachment.

[[Page 32622]]

(f) Compliance

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

(g) Replacement

    Before the accumulation of 7,500 total flight cycles, or within 
10 days after the effective date of this AD, whichever occurs later, 
do the actions required by paragraphs (g)(1) through (g)(4) of this 
AD, in accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 100-53-32, dated February 16, 2017.
    (1) Remove the fasteners attaching the machined center fitting 
(part number 1005340715), wing-to-fuselage attachment and splice 
fitting at fuselage station 587, to the rear spar frame lower flange 
splice.
    (2) Do a general visual inspection of the fasteners for damage 
and an eddy current inspection of the fastener holes for damage.
    (3) Rework the fastener holes as applicable.
    (4) Replace the fasteners with self-aligning fasteners and self-
aligning collars.

(h) Exception to Service Information Specifications

    If any damage of any fastener hole is found during any 
inspection required by paragraph (g)(2) 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).

(i) Reporting

    Submit a report of the findings of the inspections required by 
paragraph (g)(2) of this AD, as specified in Appendix 1 of 
Bombardier Service Bulletin 100-53-32, dated February 16, 2017, to 
[email protected], at the applicable time 
specified in paragraph (i)(1) or (i)(2) of this AD.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 10 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 10 days after the effective date of 
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 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 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: 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 the TCCA DAO. If approved by the DAO, the 
approval must include the DAO-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2017-12, dated March 10, 
2017, for related information. You may examine the MCAI on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2017-0696.
    (2) For more information about this AD, contact Aziz Ahmed, 
Airframe Engineer, Airframe and Mechanical Systems Branch, ANE-171, 
FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone: 516-228-7329; fax: 516-794-5531.

(l) 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 100-53-32, dated February 16, 
2017.
    (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 July 6, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-14698 Filed 7-14-17; 8:45 am]
 BILLING CODE 4910-13-P