[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Rules and Regulations]
[Pages 16767-16770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08095]



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 Rules and Regulations
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  Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules 
and Regulations  

[[Page 16767]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0965; Product Identifier 2018-NM-124-AD; Amendment 
39-19617; AD 2019-07-06]
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-100-1A10 airplanes. This AD was prompted by 
a report that certain split ball bearings used in main landing gear 
(MLG) side brace actuator assemblies are manufactured from material 
that does not meet the required material properties. This AD requires 
an inspection of the left and right MLG side brace actuator assemblies 
and, if necessary, replacement of the split ball bearings. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 28, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 28, 2019.

ADDRESSES: For service information identified in this final rule, 
contact Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-866-
538-1247 or direct-dial telephone 1-514-855-2999; 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-2018-0965.

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-
0965; 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: Darren Gassetto, Aerospace Engineer, 
Mechanical Systems and Admin Services Section, FAA, New York ACO 
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
516-228-7323; 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-100-1A10 airplanes. The NPRM published in the Federal Register 
on November 29, 2018 (83 FR 61336). The NPRM was prompted by a report 
that certain split ball bearings used in MLG side brace actuator 
assemblies are manufactured from material that does not meet the 
required material properties. The NPRM proposed to require an 
inspection of the left and right MLG side brace actuator assemblies 
and, if necessary, replacement of the split ball bearings.
    We are issuing this AD to address the non-conforming split ball 
bearings, which, if not corrected, could result in potentially 
asymmetric MLG extension or retraction and consequent collapse of the 
MLG during landing.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2018-20, dated July 27, 
2018 (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:

    The landing gear supplier has informed Bombardier Aerospace 
about a quality escape involving Main Landing Gear (MLG) side brace 
actuators that have been assembled using non-conforming split ball 
bearings. The affected bearings are manufactured from material that 
does not meet the required material properties. If not corrected, 
this condition can result in potentially asymmetric MLG gear 
extension or retraction and subsequent gear collapse during landing.
    This [Canadian] AD mandates verification of the installed MLG 
side brace actuator assemblies and replacement of the affected 
parts.

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-
0965.

Comments

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

Support for the NPRM

    One commenter, Andy Ingwersen, and Flexjet indicated support for 
the NPRM.

Request for Records Check To Determine MLG Side Brace Actuator Assembly 
Serial Number as an Alternative Method of Compliance

    Flexjet requested that an additional means of verification be 
allowed for determining the serial number of the left and right MLG 
side brace actuator assembly part number 40310-103. Flexjet suggested 
that we add language to paragraph (g) of the proposed AD stating ``A 
review of airplane maintenance records is acceptable in lieu of this 
inspection if the serial number can be conclusively determined from 
that review.'' Flexjet justified this request by pointing out that 
similar language is used in other ADs. Flexjet explained that 20 MLG 
side brace actuator assembly serial numbers are affected by Bombardier 
Service Bulletin 100-32-30, dated December 18, 2017, and 217 MLG side 
brace actuator

[[Page 16768]]

assembly serial numbers are affected by Bombardier Service Bulletin 
350-32-006, dated December 18, 2017, and reasoned that a logbook review 
would save time and present less of a financial burden on operators.
    We agree with the commenter for the reasons provided. We have 
determined that a review of maintenance records is acceptable for 
complying with the actions specified in paragraph (g) of this AD, 
provided the serial number can be conclusively determined from that 
review. We have revised paragraph (g) of this AD accordingly.

Request To Shorten Compliance Time

    One commenter, Ty Smith, made a request to change the compliance 
time to verify the MLG side brace actuator assembly serial number and 
perform applicable on-condition actions, and we infer from the request 
that the commenter wishes the compliance time to be shortened. The 
commenter asserted that a compliance time of 48 months leaves a large 
window of opportunity for the unsafe condition to potentially lead to a 
malfunction. The commenter conceded that a certain amount of time is 
needed to address the unsafe condition, but presumed that operators 
have the means to address the unsafe condition sooner than the 48 month 
compliance time allows.
    We agree to clarify. As noted in figure 1 to paragraphs (g) and (h) 
of this AD, the compliance time varies depending on the total number of 
flight cycles accumulated on an airplane, with 48 months being the 
longest possible compliance time. In consideration of the average 
utilization rate by the affected U.S. operators, the practical aspects 
of an orderly modification of the U.S. fleet during regular maintenance 
periods, and the availability of required modification parts, we have 
determined that the compliance times specified in figure 1 to 
paragraphs (g) and (h) of this AD are appropriate. 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 final rule 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 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.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued Service Bulletin 100-32-30, dated 
December 18, 2017; and Service Bulletin 350-32-006, dated December 18, 
2017. This service information describes procedures for inspecting the 
left and right MLG side brace actuator assemblies to verify the serial 
number and replace the split ball bearings. These documents are 
distinct since they apply to airplanes 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 468 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $39,780
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition 
actions that would be required based on the results of the required 
inspection. We have no way of determining the number of aircraft that 
might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
8 work-hours x $85 per hour = $680 per          $1,820           $2,500
 airplane.............................
------------------------------------------------------------------------

    According to the manufacturer, some or all 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 known 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

[[Page 16769]]

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):

2019-07-06 Bombardier, Inc.: Amendment 39-19617; Docket No. FAA-
2018-0965; Product Identifier 2018-NM-124-AD.

(a) Effective Date

    This AD is effective May 28, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, serial numbers 20003 
through 20500 and 20501 through 20665 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Reason

    This AD was prompted by a report that certain split ball 
bearings used in main landing gear (MLG) side brace actuator 
assemblies are manufactured from material that does not meet the 
required material properties. We are issuing this AD to address 
these non-conforming split ball bearings, which, if not corrected, 
can result in potentially asymmetric MLG extension or retraction and 
consequent collapse of the MLG during landing.

(f) Compliance

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

(g) Inspection To Verify Serial Number

    At the applicable time specified in figure 1 to paragraphs (g) 
and (h) of this AD: Perform an inspection to verify the serial 
number of the left and right MLG side brace actuator assemblies 
having part number (P/N) 40310-103, in accordance with paragraphs 
2.A. and 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 100-32-30, dated December 18, 2017; or perform an 
inspection to verify the serial number of the left and right MLG 
side brace actuator assemblies having P/N 2-8554-2, in accordance 
with paragraphs 2.A. and 2.B. of the Accomplishment Instructions of 
Bombardier Service Bulletin 350-32-006, dated December 18, 2017; as 
applicable. A review of airplane maintenance records is acceptable 
in lieu of this inspection if the serial number can be conclusively 
determined from that review.
[GRAPHIC] [TIFF OMITTED] TR23AP19.022

(h) Replacement

    If, during the inspection specified in paragraph (g) of this AD, 
the serial number of the part installed is listed in table 1 of 
paragraph 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 100-32-30, dated December 18, 2017; or table 1 of 
paragraph 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 350-32-006, dated December 18, 2017; as applicable: 
at the applicable time specified in figure 1 to paragraphs (g) and 
(h) of this AD, replace the split ball bearing having P/N 104467672, 
in accordance with paragraph 2.C. of the Accomplishment Instructions 
of Bombardier Service Bulletin 100-32-30, dated December 18, 2017; 
or paragraph 2.C. of the Accomplishment Instructions of Bombardier 
Service Bulletin 350-32-006, dated December 18, 2017; as applicable. 
If the serial number of the installed part is not listed in table 1 
of paragraph 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 100-32-30, dated December 18, 2017; or table 1 of 
paragraph 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 350-32-006, dated December 18, 2017; as applicable; 
no further action is required by this paragraph.

(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install on 
any Bombardier, Inc., Model BD-100-1A10 airplane any MLG side brace 
actuator assembly having a serial number listed in table 1 of 
paragraph 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 100-32-30, dated December 18, 2017; or table 1 of 
paragraph 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 350-32-006, dated December 18, 2017; as applicable; 
unless the split ball bearing having P/N 104467672 has been 
previously replaced as specified in paragraph (h) of this AD.

[[Page 16770]]

(j) 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2018-20, dated July 27, 2018, 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-2018-0965.
    (2) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, Mechanical Systems and Admin Services Section, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone 516-228-7323; 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) Bombardier Service Bulletin 100-32-30, dated December 18, 
2017.
    (ii) Bombardier Service Bulletin 350-32-006, dated December 18, 
2017.
    (3) For service information identified in this AD, contact 
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; 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 April 8, 2019.
Michael J. Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-08095 Filed 4-22-19; 8:45 am]
BILLING CODE 4910-13-P