[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Rules and Regulations]
[Pages 10974-10978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03924]



[[Page 10974]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0100; Product Identifier 2020-NM-016-AD; Amendment 
39-19845; AD 2020-03-21]
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-700-1A10 and BD-700-1A11 airplanes. 
This AD was prompted by reports that main landing gear (MLG) trailing 
arm assemblies were found with compromised paint finish and corrosion 
on the axle bore inner diameters due to improper removal of 
contaminants during manufacturing. This AD requires a one-time 
inspection to determine if an affected MLG trailing arm assembly is 
installed, repetitive detailed inspections of the inner diameter of the 
affected MLG trailing arm assembly axle bore for surface finish 
discrepancies, corrective actions if necessary, and eventual 
replacement of primer and paint and application of corrosion preventive 
compound on the inner diameter of all affected MLG trailing arm 
assembly axle bores, which terminates the repetitive inspections. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD becomes effective March 12, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 12, 
2020.
    The FAA must receive comments on this AD by April 13, 2020.

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 https://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., 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 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 https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0100.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0100; 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-2019-33R1, dated 
January 23, 2020 (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. You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0100.
    This AD was prompted by reports that MLG trailing arm assemblies 
were found with compromised paint finish and corrosion on the axle bore 
inner diameters due to improper removal of contaminants during 
manufacturing. The FAA is issuing this AD to address possible corrosion 
on the inner diameter of the MLG trailing arm assembly bore, which, if 
not detected and corrected, could lead to MLG collapse. See the MCAI 
for additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information.
     Bombardier Service Bulletin 700-1A11-32-026, Revision 01, 
dated November 27, 2019.
     Bombardier Service Bulletin 700-32-039, Revision 01, dated 
November 27, 2019.
     Bombardier Service Bulletin 700-32-5016, Revision 01, 
dated November 27, 2019.
     Bombardier Service Bulletin 700-32-6016, Revision 01, 
dated November 27, 2019.
    This service information describes procedures for a one-time 
inspection to determine if an affected MLG trailing arm assembly is 
installed, repetitive detailed inspections of the inner diameter of the 
affected MLG trailing arm assembly axle bore for surface finish 
discrepancies, corrective actions if necessary, and eventual 
replacement of primer and paint and application of corrosion preventive 
compound on the inner diameter of all affected MLG trailing arm 
assembly axle bores, which terminates the repetitive inspections. 
Surface finish discrepancies include corrosion, paint that is bubbling, 
loose, flaking, cracked, damaged or missing, or primer or metallic-
ceramic coating that is visible. Corrective actions include repair or 
replacement of the MLG trailing arm assembly. These documents are 
distinct since they apply to different airplane models and 
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.

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 a bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this AD 
because the agency 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.

[[Page 10975]]

Requirements of This AD

    This AD requires accomplishing the actions specified in the service 
information described previously, except as discussed under 
``Differences Between this AD and the MCAI or Service Information.'' 
This AD also requires sending the inspection results to Bombardier.

Differences Between This AD and the MCAI or Service Information

    The MCAI specifies to accomplish the one-time inspection to 
determine if an affected MLG trailing arm assembly is installed within 
3 months from November 27, 2019 (the release date of Revision 01 of the 
applicable service information specified in the Related Service 
Information under 1 CFR part 51 paragraph of this AD). The FAA has 
determined that a compliance time of within 30 days after the effective 
date of this AD is acceptable to address the unsafe condition.

Explanation of Compliance Time

    Most ADs adopt a compliance time relative to the AD's effective 
date. In this case, however, the FAA is using a fixed compliance date 
in this AD. The MCAI requires operators to accomplish a detailed 
inspection of the surface finish of affected MLG trailing arm 
assemblies at a specified time (which varies according to serial 
number, with the earliest date being 5/12/2020). That compliance time 
is necessary to address the unsafe condition and is based on risk 
analysis requirements, including reports of compromised paint finish 
and corrosion on the axle bore inner diameters. To support this risk 
analysis and to provide for coordinated implementation of TCCA's 
regulations in paragraph (i) of this AD, the FAA is using the same 
compliance dates in this AD.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because the affected trailing arm assemblies have the potential for 
improper adhesion between the anti-corrosion layers, which could lead 
to corrosion on the inner diameter of the MLG trailing arm assembly 
axle bore and possibly lead to MLG collapse. Therefore, the FAA finds 
good cause that notice and opportunity for prior public comment are 
impracticable. In addition, for the reasons stated above, the FAA finds 
that good cause exists 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 the FAA did not precede it 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-2020-0100; 
Product Identifier 2020-NM-016-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 FAA 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 https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this AD.

Costs of Compliance

    The FAA estimates that this AD affects 49 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 33 work-hours x $85 per hour =   Up to $200,000.........  Up to $202,805.........  Up to $9,937,445.
 Up to $2,805.
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                Estimated Costs of On-Condition Actions *
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           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 20 work-hours x $85 per     Up to $200,000....  Up to $201,700.
 hour = Up to $1,700.
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* Table does not include estimated costs for reporting.

    We estimate that it takes about 1 work-hour per product to comply 
with the on-condition reporting requirement in this AD. The average 
labor rate is $85 per hour. Based on these figures, we estimate the 
cost of reporting the inspection results on U.S. operators to be $85 
per product.
    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 FAA has included all known costs 
in the cost estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid

[[Page 10976]]

OMB control number. The control number for the collection of 
information required by this AD is 2120-0056. The paperwork cost 
associated with this AD has been detailed in the Costs of Compliance 
section of this document and includes time for reviewing instructions, 
as well as completing and reviewing the collection of information. 
Therefore, all reporting associated with this AD is mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing the 
burden should be directed to Information Collection Clearance Officer, 
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 
76177-1524.

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.

Regulatory Findings

    The FAA has 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, 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):

2020-03-21 Bombardier, Inc.: Amendment 39-19845; Docket No. FAA-
2020-0100; Product Identifier 2020-NM-016-AD.

(a) Effective Date

    This AD becomes effective March 12, 2020.

(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 
9001 through 9879 inclusive and 9998 and serial numbers 60001 and 
subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by reports that main landing gear (MLG) 
trailing arm assemblies were found with compromised paint finish and 
corrosion on the axle bore inner diameters due to improper removal 
of contaminants during manufacturing. The FAA is issuing this AD to 
address possible corrosion on the inner diameter of the MLG trailing 
arm assembly axle bore, which, if not detected and corrected, could 
lead to MLG collapse.

(f) Compliance

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

(g) Definition

    For the purposes of this AD, an affected MLG trailing arm 
assembly is a MLG trailing arm assembly with part number 21410-107 
and a serial number listed in Appendix 4, Table 1 of the applicable 
Bombardier service information specified in figure 1 to paragraphs 
(g) through (k) and (m) of this AD.
[GRAPHIC] [TIFF OMITTED] TR26FE20.008


[[Page 10977]]



(h) Inspection To Determine Affected MLG Trailing Arm Assembly

    For airplanes having serial numbers 9001 through 9879 inclusive 
and 9998: Within 30 days after the effective date of this AD: 
Inspect the right hand and left hand MLG trailing arm assemblies to 
determine if an affected MLG trailing arm assembly is installed, in 
accordance with Part A of the Accomplishment Instructions of the 
applicable service information specified in figure 1 to paragraphs 
(g) through (k) and (m) of this AD. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the part number 
and serial number of the MLG trailing arm assembly can be 
conclusively determined from that review.

(i) Initial Inspection of the MLG Trailing Arm Assembly Surface Finish

    If, during the inspection or review required by paragraph (h) of 
this AD, it is determined that an affected MLG trailing arm assembly 
is installed: Before the applicable ``1st Inspection Due by Date 
(MM/DD/YY)'' listed for each affected MLG trailing arm assembly 
serial number in Appendix 4, Table 1 of the applicable Bombardier 
service information specified in figure 1 to paragraphs (g) through 
(k) and (m) of this AD, for each affected MLG trailing arm assembly, 
do a detailed inspection for surface finish discrepancies on the 
inner diameter of the affected MLG trailing arm assembly axle bore, 
and, before further flight, do all corrective actions as applicable, 
in accordance with Part B of the Accomplishment Instructions of the 
applicable service information specified in figure 1 to paragraphs 
(g) through (k) and (m) of this AD. For airplanes on which the 
actions required by paragraph (k) of this AD are done on all 
affected MLG trailing arm assemblies, no action is required by this 
paragraph.

(j) Repeat Inspection

    For any affected MLG trailing arm assembly on which the 
inspection required by paragraph (i) of this AD has been 
accomplished: Within 33 months from the completion of the initial 
inspection as required by paragraph (i) of this AD, do a detailed 
inspection of the affected MLG trailing arm assembly for surface 
finish discrepancies on the inner diameter of the affected MLG 
trailing arm assembly axle bore, and, before further flight, do all 
corrective actions as applicable, in accordance with Part C, and 
Part B as applicable, of the Accomplishment Instructions of the 
applicable service information specified in figure 1 to paragraphs 
(g) through (k) and (m) of this AD. For airplanes on which the 
actions required by paragraph (k) of this AD are done on all 
affected MLG trailing arm assemblies, no action is required by this 
paragraph.

(k) Terminating Action

    For airplanes having serial numbers 9001 through 9879 inclusive 
and 9998: Within 120 months of each affected MLG trailing arm 
assembly entry into service, or within 5 days after the effective 
date of this AD, whichever occurs later, replace the primer and 
paint and apply the corrosion preventive compound on the inner 
diameter of the axle bore on all affected MLG trailing arm 
assemblies, in accordance with Part D of the Accomplishment 
Instructions of the applicable service information specified in 
figure 1 to paragraphs (g) through (k) and (m) of this AD. This 
constitutes terminating action for the requirements of paragraphs 
(i) and (j) of this AD.

(l) Parts Installation Limitation

    For all airplanes: As of the effective date of this AD, no 
person may install an affected MLG trailing arm assembly as a 
replacement part on any airplane, unless that affected MLG trailing 
arm assembly is marked ``SB700-32-041ABC'' on the MLG trailing arm 
assembly modification plate and near the part number.

(m) Reporting Requirement

    At the applicable time specified in paragraph (m)(1) or (2) of 
this AD, submit a report of positive findings of the inspections 
required by paragraphs (i) and (j) of this AD. Submit the report to 
Bombardier in accordance with the applicable service information 
specified in figure 1 to paragraphs (g) through (k) and (m) of this 
AD. If operators have reported findings as part of obtaining any 
corrective actions approved by Bombardier, Inc.'s TCCA Design 
Approval Organization (DAO), they are not required to report those 
findings as specified in this paragraph.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 10 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 10 days after the effective date of 
this AD.

(n) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (h) through (k), if those actions were performed before 
the effective date of this AD using the applicable service 
information specified in figure 2 to paragraph (n) of this AD.
[GRAPHIC] [TIFF OMITTED] TR26FE20.009

(o) 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

[[Page 10978]]

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 instructions from a manufacturer, the instructions 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.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
All responses to this collection of information are mandatory as 
required by this AD; the nature and extent of confidentiality to be 
provided, if any. Send comments regarding this burden estimate or 
any other aspect of this collection of information, including 
suggestions for reducing this burden to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

(p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2019-33R1, dated January 23, 2020, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2020-0100.
    (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].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (q)(3) and (4) of this AD.

(q) 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 700-1A11-32-026, Revision 01, 
dated November 27, 2019.
    (ii) Bombardier Service Bulletin 700-32-039, Revision 01, dated 
November 27, 2019.
    (iii) Bombardier Service Bulletin 700-32-5016, Revision 01, 
dated November 27, 2019.
    (iv) Bombardier Service Bulletin 700-32-6016, Revision 01, dated 
November 27, 2019.
    (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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.htm.

    Issued on February 14, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-03924 Filed 2-24-20; 11:15 am]
BILLING CODE 4910-13-P