[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Rules and Regulations]
[Pages 43457-43459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19658]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / 
Rules and Regulations  

[[Page 43457]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8177; Product Identifier 2015-NM-129-AD; Amendment 
39-19041; AD 2017-19-11]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

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 a determination that a certain task in the aircraft 
maintenance manual (AMM) will not accomplish the intent of a candidate 
certification maintenance requirement (CCMR) for detecting dormant 
failures of the pitch feel (PF) and rudder travel limiter actuator 
(RTLA) back-up modules. This AD requires doing an operational test of 
the flight control unit (FCU) back-up modules, and repair if necessary. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective October 23, 2017.

ADDRESSES:

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-
8177; 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: Assata Dessaline, Aerospace Engineer, 
Avionics and Services Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7301; 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 July 15, 2016 (81 FR 45997) (``the NPRM''). The 
NPRM was prompted by a determination that a certain task in the AMM 
will not accomplish the intent of a CCMR. This CCMR task tests the PF 
and RTLA back-up modules in the FCU to detect dormant failures. The 
NPRM proposed to require doing an operational test of the FCU back-up 
modules, and repair if necessary. We are issuing this AD to detect and 
correct a dormant failure of both FCU back-up modules. This condition, 
in combination with other failures in the FCU, may result in the 
inability to maintain the minimum control requirements for the PF and 
RTLA, which could create hazardous flight control inputs during flight.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2015-06R1, dated April 22, 2015 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Bombardier, Inc., Model BD-700-
1A10 and BD-700-1A11 airplanes. The MCAI states:

    It was discovered that the existing instruction in the Aircraft 
Maintenance Manual (AMM) Task 27-61-05-710-801 will not accomplish 
the intent of the * * * [Canadian Certification Maintenance 
Requirement (CCMR)] task number 27-61-05-201. This * * * [CCMR] task 
was required to test the Pitch Feel (PF) and Rudder Travel Limiter 
Actuator (RTLA) back-up modules in the Flight Control Unit (FCU) to 
detect dormant failures. If not detected, a dormant failure of both 
FCU back-up modules, in combination with other failures in the FCU, 
may result in the inability to maintain the Minimum Control 
Requirements for the PF and RTLA, which could create hazardous 
flight control inputs during flight.
    The original issue of this [Canadian] AD mandated the 
performance of an operational test of the FCU back-up modules using 
the proper AMM task instructions [and repair if necessary].
    Revision 1 of this [Canadian] AD is to correct the model number 
designation in the Applicability section.

    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-
8177.

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.

Requests To Clarify Task Type

    Bombardier, Inc. (Bombardier), and NetJets Aviation Inc. (NetJets), 
requested that we clarify that task 27-61-05-201 is not a CMR task. 
Bombardier stated that the task was misidentified as a certification 
maintenance requirement (CMR) task during the investigation into the 
cause of the identified unsafe condition. Bombardier further explained 
that task 27-61-05-201 is a candidate CMR, or CCMR.
    We agree that the task type should be clarified. We have confirmed 
that task 27-61-05-201 is a CCMR task. Therefore, we have revised 
references to the task throughout this AD accordingly.

Requests To Reference Revised Service Information

    Bombardier, Kacalp Flight Operation, and NetJets, requested that we 
revise the NPRM to reference revised service information. The 
commenters explained that the temporary revisions (TRs) referenced in 
the NPRM have been incorporated into the AMM, as have several 
subsequent revisions. The commenters asserted that the referenced TRs 
and certain subsequent AMM revisions are not available to operators.
    We partially agree with the commenters' requests. We have confirmed 
that the TRs and subsequent AMM revisions referenced in the NPRM are no 
longer available. Therefore, we

[[Page 43458]]

agree that this final rule needs to be revised. However, given the 
number of subsequent AMM revisions that have been issued for each of 
the AMMs since the NPRM was published, and the difficulties in 
obtaining the necessary material, we do not agree to reference 
subsequent AMM revisions in this final rule. Instead, we have revised 
paragraph (g) of this AD to specify doing the required actions in 
accordance with a method approved by the Manager, New York ACO Branch, 
FAA. We have also removed the content provided in paragraphs (h) and 
(i) of the proposed AD from this AD. We have redesignated subsequent 
paragraphs accordingly.

Request To Revise the Compliance Time for the FCU Operational Test

    NetJets requested that we revise the proposed compliance time for 
FCUs with less than 3,000 total flight hours in paragraph (g)(3) of the 
proposed AD to the later of the following:
     Prior to 3,000 total flight hours on the FCU; or
     Within 15 months or 700 flight hours after the effective 
date of the AD, whichever occurs first.
    NetJets stated that, for an FCU with 2,999 total flight hours on 
the effective date of the AD, the proposed AD would require compliance 
prior to further flight. NetJets pointed out that no justification was 
given for the more restrictive compliance time. Further, NetJets 
explained that paragraph (g)(1) of the proposed AD has a grace period 
of 15 months or 700 hours flight hours, whichever occurs first for an 
FCU that has accumulated 3,000 total flight hours or more.
    We partially agree with the commenter's request. We agree that a 
grace period is needed for FCUs having accumulated less than 3,000 
total flight hours as of the effective date of this AD, on which an 
operational test has not been completed. We do not agree that the 
commenter's proposed grace period is adequate to address the unsafe 
condition. However, we have revised the compliance time in paragraph 
(g)(3) of this AD to provide a grace period of within 30 days after the 
effective date of this AD.

Request To Correct Typographical Errors in Paragraph (h)(5) of the 
Proposed AD

    Bombardier requested that we correct a typographical error in 
paragraph (h)(5) of the proposed AD.
    We agree that there is a typographical error in paragraph (h)(5) of 
the proposed AD. However, as explained previously, we have removed the 
content of paragraph (h) of the proposed AD from this AD. Therefore, no 
change to this AD is necessary 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.

Costs of Compliance

    We estimate that this AD affects 76 airplanes of U.S. registry. We 
also estimate that it will take about 3 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD on U.S. operators to be $19,380, or $255 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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):

2017-19-11 Bombardier, Inc.: Amendment 39-19041; Docket No. FAA-
2016-8177; Product Identifier 2015-NM-129-AD.

(a) Effective Date

    This AD is effective October 23, 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 and subsequent.

(d) Subject

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

[[Page 43459]]

(e) Reason

    This AD was prompted by a determination that a certain task in 
the aircraft maintenance manual (AMM) will not accomplish the intent 
of a candidate certification maintenance requirement (CCMR). This 
CCMR task tests the pitch feel (PF) and rudder travel limiter 
actuator (RTLA) back-up modules in the flight control unit (FCU) to 
detect dormant failures. We are issuing this AD to detect and 
correct a dormant failure of both FCU back-up modules. This 
condition, in combination with other failures in the FCU, may result 
in the inability to maintain the minimum control requirements for 
the PF and RTLA, which could create hazardous flight control inputs 
during flight.

(f) Compliance

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

(g) FCU Operational Test

    (1) For airplanes with an FCU that has accumulated 3,000 total 
flight hours or more as of the effective date of this AD: Within 15 
months or 700 flight hours, whichever occurs first, after the 
effective date of this AD, do an operational test of the FCU back-up 
modules, in accordance with a method approved by the Manager, New 
York ACO Branch, FAA.
    (2) For airplanes with an FCU that has accumulated less than 
3,000 total flight hours as of the effective date of this AD, and on 
which an operational test has been accomplished as specified in AMM 
task 27-61-05-710-801: Within 15 months or 700 flight hours, 
whichever occurs first, after the effective date of this AD, do an 
operational test of the FCU back-up modules, in accordance with a 
method approved by the Manager, New York ACO Branch, FAA.
    (3) For airplanes with an FCU that has accumulated less than 
3,000 total flight hours as of the effective date of this AD, and on 
which an operational test has not been accomplished as specified in 
AMM task 27-61-05-710-801: Before the FCU accumulates 3,000 total 
flight hours or within 30 days after the effective date of this AD, 
whichever occurs later, perform an operational test of the FCU back-
up modules, in accordance with a method approved by the Manager, New 
York ACO Branch, FAA.

 (h) Corrective Action

    If any FCU fails any operational test required by this AD: 
Before further flight, repair using a method approved by the 
Manager, New York ACO Branch, 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 Branch, 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 certification office, send it 
to ATTN: Program Manager, Continuing Operational Safety, FAA, New 
York ACO Branch, 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 
Branch, 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

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2015-06R1, dated April 
22, 2015, 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-2016-8177.
    (2) For more information about this AD, contact Assata 
Dessaline, Aerospace Engineer, Avionics and Services Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7301; fax 516-794-5531.

(k) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on September 7, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-19658 Filed 9-15-17; 8:45 am]
 BILLING CODE 4910-13-P