[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
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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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
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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]
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