[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Rules and Regulations]
[Pages 51823-51825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21972]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0546; Product Identifier 2017-NM-171-AD; Amendment 
39-19461; AD 2018-21-03]
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 multiple in-flight departures of the aft 
belly fairing access panels. This AD requires modification of the aft 
belly fairing access panels. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective November 19, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 19, 
2018.

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 service information at the FAA, 
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 206-
231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0546.

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-2018-
0546; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is 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: Andrea Jimenez, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7330; fax 516-
794-5531; email [email protected].

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 June 20, 2018 (83 FR 28553). The NPRM was prompted 
by reports of multiple in-flight departures of the aft belly fairing 
access panels. The NPRM proposed to require modification of the aft 
belly fairing access panels.
    We are issuing this AD to address in-flight departures of the aft 
belly fairing access panels, which could result in runway hazards or 
hazards to people on the ground.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2017-31, dated 
September 22, 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-700-1A10 and BD-700-
1A11 airplanes. The MCAI states:

    There have been multiple in-service occurrences where operators 
reported in-flight departure of the aft belly fairing access panels, 
185CL and/or 186CR. There has been no damage reported to the 
affected aircraft to date, however departure of the panels in any 
phase of flight could create runway hazards or a hazard to persons 
and property on the ground.
    Bombardier Inc. has issued Service Bulletins (SBs) to 
incorporate new self-locking nutplates with associated hardware 
(retaining rings and studs) to improve fastener engagement. A 
bracket has also been added to provide two additional panel 
attachment points.
    This [Canadian] AD requires the incorporation of these design 
changes to prevent departure of the two aft belly fairing access 
panels in flight and the associated risk on the ground.

    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-2018-
0546.

Comments

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

Request To Include Additional Document in Credit for Previous Actions 
Paragraph

    Bombardier requested that paragraph (h) of the proposed AD, 
``Credit for Previous Actions,'' be revised to include Bombardier 
Service Request for Product Support Action 124026 (``SRPSA 124026''). 
The requester noted that Canadian AD CF-2017-31, dated September 22, 
2017, included a statement that incorporation of the actions described 
in Bombardier SRPSA 124026 on an airplane satisfies the intent of the 
Canadian AD. The commenter also noted that Bombardier SRPSA 124026 was 
utilized on a U.S.-registered airplane having number N211PB and serial 
number 9378.
    We agree with the commenter's request for the reasons provided by 
the commenter. We have added paragraph (h)(2) to this AD to provide 
credit for airplanes on which Bombardier SRPSA 124026 has been 
incorporated.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this final rule with the change 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 addressing 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 final 
rule.

[[Page 51824]]

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information:
     Service Bulletin 700-1A11-53-025, Revision 01, dated 
December 16, 2016;
     Service Bulletin 700-53-050, Revision 01, dated December 
16, 2016;
     Service Bulletin 700-53-5009, Revision 01, dated December 
16, 2016; and
     Service Bulletin 700-53-6008, Revision 01, dated December 
16, 2016.
    This service information describes actions to modify the aft belly 
fairing access panels by replacing the attachments. These documents are 
distinct since they apply to different airplane models in different 
configurations. 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 110 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                           Labor cost                               Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340..............................          $2,640          $2,980        $327,800
----------------------------------------------------------------------------------------------------------------

    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.

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 and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    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):

2018-21-03 Bombardier, Inc.: Amendment 39-19461; Docket No. FAA-
2018-0546; Product Identifier 2017-NM-171-AD.

(a) Effective Date

    This AD is effective November 19, 2018.

(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 9770 inclusive, 9772 through 9781 inclusive, and 9998.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of multiple in-flight departures 
of the aft belly fairing access panels. We are issuing this AD to 
address in-flight departures of the aft belly fairing access panels, 
which could result in runway hazards or hazards to people on the 
ground.

(f) Compliance

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

(g) Access Panel Modification

    Within 15 months after the effective date of this AD, modify the 
aft belly fairing access panels by replacing the attachments, in 
accordance with the Accomplishment Instructions of the applicable 
service information identified in paragraphs (g)(1) and (g)(2) of 
this AD.
    (1) For Model BD-700-1A10 airplanes: Bombardier Service Bulletin 
700-53-050, or 700-53-6008, both Revision 01, both dated December 
16, 2016.
    (2) For Model BD-700-1A11 airplanes: Bombardier Service Bulletin 
700-1A11-53-025, or 700-53-5009, both Revision 01, both dated 
December 16, 2016.

(h) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g) of this AD,

[[Page 51825]]

if those actions were performed before the effective date of this AD 
using the applicable service information identified in paragraphs 
(h)(1)(i) through (h)(1)(iv) of this AD.
    (i) Bombardier Service Bulletin 700-1A11-53-025, dated July 14, 
2016.
    (ii) Bombardier Service Bulletin 700-53-050, dated July 14, 
2016.
    (iii) Bombardier Service Bulletin 700-53-5009, dated July 14, 
2016.
    (iv) Bombardier Service Bulletin 700-53-6008, dated July 14, 
2016.
    (2) Incorporation of Bombardier Service Request for Product 
Support Action 124026 on an airplane prior to the effective date of 
this AD meets the intent of paragraph (g) of this AD for that 
airplane.

(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 manager of 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.
    (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 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 AD CF-2017-31, dated September 22, 2017, 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-2018-0546.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7330; fax 516-794-5531; email [email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (k)(4) of this AD.

(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 700-53-050, Revision 01, dated 
December 16, 2016.
    (ii) Bombardier Service Bulletin 700-53-5009, Revision 01, dated 
December 16, 2016.
    (iii) Bombardier Service Bulletin 700-1A11-53-025, Revision 01, 
dated December 16, 2016.
    (iv) Bombardier Service Bulletin 700-53-6008, Revision 01, dated 
December 16, 2016.
    (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 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (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 Des Moines, Washington, on October 2, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-21972 Filed 10-12-18; 8:45 am]
 BILLING CODE 4910-13-P