[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Rules and Regulations]
[Pages 34841-34844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14589]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9304; Directorate Identifier 2016-NM-028-AD; 
Amendment 39-18959; AD 2017-14-15]
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 BD-700-1A10 and BD-700-1A11 airplanes. This AD 
was prompted by reports of aileron and rudder control cables that may 
have tensions that are beyond allowable limits. This AD requires a 
revision to the maintenance or inspection program to incorporate 
certification maintenance requirement tasks that introduce functional 
tests of the control cable tension. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective August 31, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 31, 
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; 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-2016-
9304.

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-
9304; 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: Cesar Gomez, 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: 516-228-7318; 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 BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published in the 
Federal Register on November 7, 2016 (81 FR 78080). The NPRM was 
prompted by reports of aileron and rudder control cables that may have 
tensions that are beyond allowable limits. The NPRM proposed to require 
revising the maintenance or inspection program to incorporate 
certification maintenance requirement tasks that introduce functional 
tests of the control cable tension. We are issuing this AD to detect 
and correct out-of-tolerance tension in the control cables, which, with 
certain system failures and environmental conditions, could result in 
reduced controllability of the airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2016-06R1, dated July 25, 2016 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Bombardier Model BD-700-1A10 and BD-700-
1A11 airplanes. The MCAI states:

    Recent in-service inspections have shown that aileron and rudder 
control cables may have tensions beyond allowable limits. Review of 
the technical documentation found that there are no maintenance 
tasks to detect and rectify out-of-tolerance tensions on these 
cables. Out of tolerance cables in combinations with certain system 
failures and environmental conditions could result in the degraded 
aircraft controllability.
    * * * [This Canadian] AD was issued to mandate a revision to the 
approved maintenance schedule [maintenance or inspection program, as 
applicable] to introduce cable tension check [e.g., functional 
test,] as [certification maintenance requirement] tasks.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9304.
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections). Compliance with 
these actions is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered, or repaired in the areas addressed 
by this AD, the operator may not be able to accomplish the actions 
described in the revisions. In this situation, to comply with 14 CFR 
91.403(c), the operator must request approval for an alternative method 
of compliance according to paragraph (j)(1) of this AD. The request 
should include a description of changes to the required actions that 
will ensure the continued operational safety of the airplane.

Comments

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

Request To Reference the Latest Time Limits/Maintenance Checks (TLMC) 
General Revision Instead of the Temporary Revision (TR)

    Bombardier, Inc., and KACALP Flight Operations requested that 
paragraph (g)

[[Page 34842]]

of this AD, reference the latest TLMC general revision for each 
affected Bombardier, Inc. airplane model instead of the TR to each 
applicable TLMC. The commenters noted that the TLMC TRs are no longer 
available on Bombardier's Web site, as they have been incorporated into 
the TLMC Revision. The commenters indicated that the Canadian 
Airworthiness Directive CF-2016-06R1, dated July 25, 2016, references 
these TLMC Revisions, as should the FAA AD.
    We do not agree to delay issuance of this AD to reference the 
latest TLMC general revision. Paragraph (g) of this AD states that when 
the applicable TR has been included in a general revision of the TLMC, 
the general revision may be inserted in the maintenance or inspection 
program and the applicable TR may be removed. The TR for each affected 
Bombardier, Inc. airplane model TLMC is available on the Internet at 
http://www.regulations.gov. The service information can be found by 
searching for and locating Docket No. FAA-2016-9304. We have, however, 
added note 1 to paragraph (g) of this AD to identify the TLMC task 
number and airplane maintenance manual (AMM) manual number that 
corresponds to each TR.

Request To Revise Compliance Time

    Bombardier, Inc., and KACALP Flight Operations requested that we 
revise paragraphs (h)(1) and (h)(2) of the proposed AD to remove the 
later alternative compliance time ``within 30 months since the date of 
issuance of the original Canadian airworthiness certificate or the date 
of issuance of the original Canadian export certificate of 
airworthiness.'' The commenters noted that some airplanes have already 
exceeded, or will soon exceed, this threshold and would be immediately 
grounded by the proposed AD.
    We agree with the request. We have revised the compliance time in 
paragraphs (h)(1) and (h)(2) of this AD to within 15 months after the 
effective date of this AD. We have determined that this change will not 
affect flight safety or the calculated risk assessment, and will not 
impose any additional burden on any operator.

Request To Remove Paragraph (h)(3) of This AD

    Bombardier, Inc., requested that paragraph (h)(3) of this AD be 
removed. Bombardier, Inc., noted that the Canadian AD CF-2016-06R1, 
dated July 25, 2016, did not give any actions for the aircraft in 
paragraph (h) of this AD. Bombardier, Inc. indicated that for these 
aircraft, inserting the certification maintenance requirements (CMR) 
task into the scheduled maintenance or inspection program, as described 
in paragraph (g) of this AD, and following the specified task interval 
in the TLMC is sufficient.
    We do not agree to remove paragraph (h)(3) of this AD. Paragraph 
(h) of this AD provides the compliance times for the initial actions 
that are incorporated into the maintenance or inspection program, as 
specified in paragraph (g) of this AD. These compliance times are 
necessary to provide a starting point for the inspections. The FAA 
finds it necessary to specify initial compliance times for maintenance 
actions in ADs because this information is not normally included in the 
design approval holder's (DAH) service information. The airplanes 
identified in paragraph (h)(3) of this AD are also identified in 
paragraph (g) of this AD. We have not changed this AD in this regard.

Request To Include CMR Tasks and Procedures

    KACALP Flight Operations requested that we revise paragraph (i) of 
the proposed AD to include the inspection intervals and procedural 
instructions in the referenced TR of the Bombardier Model BD-700-1A10 
and BD-700-1A11 airplanes' CMR. KACALP Flight Operations then suggested 
that these instructions in paragraph (i) of the proposed AD be 
referenced in the TLMC and AMM as a way to ensure compliance with each 
subsequent revision to the TLMC and AMM. KACALP Flight Operations 
stated that owner/operators are not obligated by regulation to own a 
technical subscription from the original equipment manufacturer (OEM), 
but that most recipients of a Bombardier Technical Library own a 
digital subscription. Bombardier, Inc. automatically removes the TRs 
and updates the standard issue to the TLMC and AMM without immediate 
notice. Bombardier stated that nothing would trigger either the OEM or 
the subscriber to look for changes to an interval or procedure; 
therefore, these owner/operators would not know if there is a change to 
an interval or procedure. KACALP Flight Operations suggested that the 
FAA could mandate a maintenance record requirement specifically for 
aircraft inspection programs.
    We find that clarification is necessary. When possible, we rely on 
the DAH to provide accomplishment instructions in their service 
information; referencing this information provides for brevity in ADs 
and minimizes errors in ADs. Owners/operators are responsible for 
compliance with ADs, as well as the proper maintenance and safe 
operation of their airplanes, by adhering to the actions specified in 
the TLMC and AMM. Therefore, we have not changed paragraph (i) of this 
AD.
    We also do not agree to mandate a maintenance record requirement 
specifically for aircraft inspection programs. At this time, the FAA 
does not require manufacturers to reference ADs within their service 
information. 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 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Bombardier, Inc. service information:
     TR 5-2-10, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global Express XRS BD-700 Time Limits/Maintenance Checks.
     TR 5-2-15, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global 6000 GL 6000 Time Limits/Maintenance Checks.
     TR 5-2-15, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global 5000 GL 5000 Featuring Global Vision Flight Deck--
Time Limits/Maintenance Checks.
     TR 5-2-16, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global 5000 BD-700 Time Limits/Maintenance Checks.
     TR 5-2-47, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global Express BD-700 Time Limits/Maintenance Checks.
    The service information identifies airworthiness limitation tasks 
for functional tests of the cable tension of the aileron and rudder 
control cables. These documents are distinct since they apply to 
different airplane models. This service information is reasonably 
available because the interested parties have access to it through 
their normal

[[Page 34843]]

course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 60 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                       Cost on
                 Action                               Labor cost             Parts cost   Cost per       U.S.
                                                                                           product    operators
----------------------------------------------------------------------------------------------------------------
Maintenance or Inspection Program         1 work-hour x $85 per hour = $85           $0         $85       $5,100
 Revision.                                 per airplane.
----------------------------------------------------------------------------------------------------------------

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):

2017-14-15 Bombardier, Inc.: Amendment 39-18959; Docket No. FAA-
2016-9304; Directorate Identifier 2016-NM-028-AD.

(a) Effective Date

    This AD is effective August 31, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model BD-700-1A10 and BD-
700-1A11 airplanes, certificated in any category, serial numbers 
9002 through 9743 inclusive, and 9998.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by reports of aileron and rudder control 
cables that may have tensions that are beyond allowable limits. We 
are issuing this AD to detect and correct out-of-tolerance tension 
in the control cables, which, with certain system failures and 
environmental conditions, could result in reduced controllability of 
the airplane.

(f) Compliance

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

(g) Time Limits/Maintenance Checks (TLMC)--Maintenance or Inspection 
Program Revision

    Within 30 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate 
certification maintenance requirement (CMR) tasks 27-11-35-101, 27-
11-35-102, and 27-21-27-101 (for functional tests of the control 
cable tension), as specified in the applicable service information 
in paragraphs (g)(1) through (g)(5) of this AD. The initial 
compliance time for doing the tasks is specified in paragraph (h) of 
this AD. When the applicable temporary revision (TR) has been 
included in general revisions of the TLMC, the general revisions may 
be inserted in the maintenance or inspection program, and the 
applicable TR may be removed, provided the relevant information in 
the general revision is identical to that in the applicable TR.
    (1) TR 5-2-10, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global Express XRS BD-700 Time Limits/Maintenance Checks 
(for Model BD-700-1A10 airplanes).
    (2) TR 5-2-15, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global 6000 GL 6000 Time Limits/Maintenance Checks (for 
Model BD-700-1A10 airplanes).
    (3) TR 5-2-47, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global Express BD-700 Time Limits/Maintenance Checks (for 
Model BD-700-1A10 airplanes).
    (4) TR 5-2-15, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global 5000 GL 5000 Featuring Global Vision Flight Deck--
Time Limits/Maintenance Checks (for Model BD-700-1A11 airplanes).
    (5) TR 5-2-16, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global 5000 BD-700 Time Limits/Maintenance Checks (for 
Model BD-700-1A11 airplanes).

    Note 1 to Paragraph (g) of this AD:  The TRs identified in 
paragraph (g) of this AD have been incorporated into their 
respective airplane model AMM as follows:
    Bombardier Model BD-700-1A10: GL 700 AMM, Revision 67, dated 
August 6, 2015; GL XRS AMM, Revision 45, dated August 6, 2015; GL 
6000 AMM, Revision 15, dated August 6, 2015.
    Bombardier Model BD-700-1A11: GL 5000 AMM, Revision 48, dated 
August 6, 2015; GL 5000 GVFD AMM, Revision 15, dated August 6, 2015.

(h) Initial Compliance Times for CMR Tasks

    The initial compliance times for doing the CMR tasks identified 
in paragraph (g) of this AD are at the applicable times specified in 
paragraphs (h)(1), (h)(2), and (h)(3) of this AD.
    (1) For airplanes having serial numbers (S/Ns) 9002 through 9694 
inclusive, and 9998: Within 15 months after the effective date of 
this AD.
    (2) For airplanes having S/Ns 9695 through 9743 inclusive that 
have had aileron and/or

[[Page 34844]]

rudder control cable replacement and the aileron and rudder control 
cables were rigged as specified in any applicable Bombardier 
aircraft maintenance manual (AMM) revision earlier than the revision 
date shown in paragraphs (h)(2)(i) through (h)(2)(v) of this AD or 
the AMM revision date is unknown: Within 15 months after the 
effective date of this AD.
    (i) Bombardier GL 700 AMM, Revision 67, dated August 6, 2015 
(for Model BD-700-1A10 airplanes).
    (ii) Bombardier GL XRS AMM, Revision 45, dated August 6, 2015 
(for Model BD-700-1A10 airplanes).
    (iii) Bombardier GL 6000 AMM, Revision 15, dated August 6, 2015 
(for Model BD-700-1A10 airplanes).
    (iv) Bombardier GL 5000 AMM, Revision 48, August 6, 2015 (for 
Model BD-700-1A11 airplanes).
    (v) Bombardier GL 5000 GVFD AMM, Revision 15, August 6, 2015 
(for Model BD-700-1A11 airplanes).
    (3) For airplanes other than those identified in paragraphs 
(h)(1) and (h)(2) of this AD: Within 30 months since the date of 
issuance of the original Canadian airworthiness certificate or the 
date of issuance of the original Canadian export certificate of 
airworthiness, or within 30 days after the effective date of this 
AD, whichever occurs later.

(i) No Alternative Actions and Intervals

    Except as provided by paragraph (h) of this AD, after the 
maintenance or inspection program has been revised as required by 
paragraph (g) of this AD, no alternative actions (e.g., inspections) 
or intervals may be used unless the actions or intervals are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (j)(1) 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 manager of 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.
    (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 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 AD CF-2016-06 R1, dated July 25, 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-2016-9304.
    (2) For more information about this AD, contact Cesar A. Gomez, 
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 516-228-7318; fax 
516-794-5531; email: [email protected].

(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) Temporary Revision (TR) 5-2-10, dated November 24, 2015, to 
Section 5-10-40, of Bombardier Global Express XRS BD-700 Time 
Limits/Maintenance Checks.
    (ii) TR 5-2-15, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global 6000 GL 6000 Time Limits/Maintenance Checks.
    (iii) TR 5-2-15, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global 5000 GL 5000 Featuring Global Vision Flight Deck--
Time Limits/Maintenance Checks.
    (iv) TR 5-2-16, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global 5000 BD-700 Time Limits/Maintenance Checks.
    (v) TR 5-2-47, dated November 24, 2015, to Section 5-10-40, of 
Bombardier Global Express BD-700 Time Limits/Maintenance Checks.
    (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. 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.
    (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 June 29, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-14589 Filed 7-26-17; 8:45 am]
 BILLING CODE 4910-13-P