[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Rules and Regulations]
[Pages 38862-38864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16811]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0578; Product Identifier 2019-NM-111-AD; Amendment 
39-19697; AD 2019-15-04]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was 
prompted by a report of a mis-installed no-back pawl discovered on a 
horizontal stabilizer trim actuator (HSTA). This AD requires an 
inspection to verify the horizontal stabilizer trim electronic control 
unit (HSTECU) part number, a software upgrade for certain HSTECUs, and 
installation of HSTECUs with upgraded software. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD becomes effective August 23, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 23, 
2019.
    The FAA must receive comments on this AD by September 23, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    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 referenced 
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-2019-0578.

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-2019-
0578; or in person at the Docket Operations office 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 Operations office 
is listed above. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer, 
Mechanical Systems and Administrative 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

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2019-23, dated June 18, 
2019 (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:

    During an unscheduled inspection, a mis-installed no-back pawl 
was discovered on a Horizontal Stabilizer Trim Actuator (HSTA). The 
no-back mechanism is a primary means to prevent back driving of the 
HSTA, and the Motor Brake Assemblies (MBA) are the secondary means. 
If not corrected, unavailability of the no-back mechanism in 
combination with loss of, or degraded HSTA MBA braking capability, 
could lead to a loss of the aeroplane.
    This [TCCA] AD mandates a software upgrade for the HSTECU to 
verify the MBA for braking capability during the power up test.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0578.

[[Page 38863]]

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 100-27-15, Revision 01, 
dated June 11, 2019. This service information describes procedures for 
an inspection to verify the HSTECU part number, a software upgrade for 
certain HSTECUs, and installation of HSTECUs with upgraded software. 
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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the agency has been notified of the unsafe condition described in the 
MCAI and service information referenced above. The FAA is issuing this 
AD because it has evaluated all pertinent information and determined 
the unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in the service 
information described previously.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause,'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to 
make rules effective in less than thirty days, upon a finding of good 
cause.
    The FAA has received a report that a mis-installed no-back pawl was 
discovered on a HSTA. The no-back pawl is a primary means to prevent 
back driving of the HSTA, and the MBA are the secondary means. If not 
corrected, unavailability of the no-back pawl, in combination with loss 
of or degraded HSTA MBA braking capability, could lead to a loss of the 
airplane.
    The FAA therefore considers the prompt identification and 
prevention of this unsafe condition to be an urgent safety issue. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B). In addition, the FAA finds that good cause exists 
pursuant to 5 U.S.C. 553(d) for making this amendment effective in less 
than 30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and was not preceded by notice and opportunity for public 
comment. The FAA invites you to send any written relevant data, views, 
or arguments about this AD. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0578; 
Product Identifier 2019-NM-111-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The agency will 
consider all comments received by the closing date and may amend this 
AD based on those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. 
The agency will also post a report summarizing each substantive verbal 
contact received about this AD.

Costs of Compliance

    The FAA estimates that this AD affects 9 airplanes of U.S. 
registry. The agency estimates the following costs to comply with this 
AD:

                                      Estimated Costs for Required Actions
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          Labor cost                    Parts cost               Cost per product        Cost on U.S. operators
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Up to 4 work-hours x $85 per    Up to $27,138.............  Up to $27,478............  Up to $247,302.
 hour = Up to $340.
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    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. The FAA does not control warranty coverage for 
affected individuals. As a result, the agency has included all known 
costs in its 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.
    The FAA is 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

    The FAA 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

[[Page 38864]]

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, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2019-15-04 Bombardier, Inc.: Amendment 39-19697; Docket No. FAA-
2019-0578; Product Identifier 2019-NM-111-AD.

(a) Effective Date

    This AD becomes effective August 23, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, serial numbers 20001 
through 20337 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of a mis-installed no-back pawl 
discovered on a horizontal stabilizer trim actuator (HSTA). The FAA 
is issuing this AD to address the possible unavailability of the no-
back pawl which, in combination with loss of or degraded HSTA motor 
brake assembly (MBA) braking capability, could lead to a loss of the 
airplane.

(f) Compliance

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

(g) Inspection

    Within 100 flight hours or 60 days, whichever occurs first, 
after the effective date of this AD: Perform an inspection to verify 
the part number (P/N) of the horizontal stabilizer trim electronic 
control unit (HSTECU) installed on the airplane, in accordance with 
paragraph 2.B.(1) of the Accomplishment Instructions of Bombardier 
Service Bulletin 100-27-15, Revision 01, dated June 11, 2019. If the 
installed HSTECU has P/N C47329-007 or subsequent configurations, no 
further action is required by this paragraph.

(h) Installation of HSTECUs With Upgraded Software

    (1) If, during the inspection specified in paragraph (g) of this 
AD, the installed HSTECU has P/N C47329-003: Within 100 flight hours 
or 60 days, whichever occurs first, after the effective date of this 
AD, remove the HSTECU and install an upgraded HSTECU having P/N 
C47329-010, C47329-011 or C47329-012, in accordance with paragraphs 
2.B.(2) through 2.B.(4) of the Accomplishment Instructions of 
Bombardier Service Bulletin 100-27-15, Revision 01, dated June 11, 
2019.
    (2) If, during the inspection specified in paragraph (g) of this 
AD, the installed HSTECU has P/N C47329-004, C47329-005 or C47329-
006: Within 100 flight hours or 60 days, whichever occurs first, 
after the effective date of this AD, remove the HSTECU, upgrade the 
HSTECU software, and reinstall the upgraded HSTECU, in accordance 
with paragraphs 2.B.(2) through 2.B.(4) of the Accomplishment 
Instructions of Bombardier Service Bulletin 100-27-15, Revision 01, 
dated June 11, 2019.

(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on 
any airplane, an HSTECU having P/N C47329-003, C47329-004, C47329-
005 or C47329-006.

(j) No Reporting Requirement

    Although Bombardier Service Bulletin 100-27-15, Revision 01, 
dated June 11, 2019, specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

(k) 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2019-23, dated June 18, 2019, 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-2019-0578.
    (2) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, Mechanical Systems and Administrative 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].

(m) 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 100-27-15, Revision 01, dated 
June 11, 2019.
    (ii) [Reserved]
    (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 July 23, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-16811 Filed 8-7-19; 8:45 am]
 BILLING CODE 4910-13-P