[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Rules and Regulations]
[Pages 47635-47638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17124]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / 
Rules and Regulations  

[[Page 47635]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0987; Product Identifier 2019-NM-144-AD; Amendment 
39-19922; AD 2020-12-13]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. This AD was prompted by reports that during airplane 
wing fatigue testing, fatigue cracks were found on the lower right-
hand-side wing plank at the end of the integrally machined stringers, 
which led to a determination that new or more restrictive airworthiness 
limitations are necessary. This AD requires, for certain airplanes, 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective September 10, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 10, 
2020.

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; Widebody Customer Response Center North 
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax 514-855-7401; email [email protected]; 
internet https://www.bombardier.com. You may view this service 
information at the FAA, Airworthiness Products Section, Operational 
Safety 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-2019-0987.

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-2019-
0987; 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, any comments received, and other information. The 
address for Docket Operations 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: Aziz Ahmed, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7329; 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-2019-21, dated May 15, 
2019 (also referred to as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. You may examine the MCAI in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0987.
    The FAA 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 CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The 
NPRM published in the Federal Register on December 27, 2019 (84 FR 
71335). The NPRM was prompted by reports that during airplane wing 
fatigue testing, fatigue cracks were found on the lower right-hand-side 
wing plank at the end of the integrally machined stringers, which led 
to a determination that new or more restrictive airworthiness 
limitations are necessary. The NPRM proposed to require, for certain 
airplanes, revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA is issuing this AD to address undetected cracks on 
the lower wing plank at the stringer run-out, which could affect the 
structural integrity of the wing. See the MCAI for additional 
background information.

Comments

    The FAA 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.

Request To Clarify Affected AD

    Air Wisconsin Airlines stated that paragraph (b) of the proposed AD 
specifies the affected ADs as ``None,'' and that although AD 2016-17-
15, Amendment 39-18628 (81 FR 59839, August 31, 2016) (``AD 2016-17-
15''), may not be affected by the NPRM, it is associated with it. The 
FAA infers that Air Wisconsin Airlines is requesting clarification of 
AD 2016-17-15 as an affected AD and if it should be cited in paragraph 
(b) of the proposed AD.
    The FAA agrees to clarify. The FAA acknowledges this AD affects AD 
2016-17-15. ADs that are superseded or are terminated (or partially 
terminated) by an AD are listed in paragraph (b) of that AD. The FAA 
has added paragraph (j) to the AD to specify that accomplishing the 
revision required by paragraph (g) of this AD terminates the 
requirement to incorporate airworthiness limitations (AWL) task 57-21-
112 in Part 6--Eddy Current, of Canadair Regional Jet CRJ200 
Nondestructive Testing Manual, CSP A-010, Revision 40, dated November 
10, 2018 (``AWL task 57-21-112''), as specified in paragraph (g)(12) of 
AD 2016-17-15. The FAA has also added AD 2016-17-15 to paragraph (b) of 
this AD.

Request To Revise a Certain Service Information Citation

    Bombardier requested that the FAA revise the service information 
citation in paragraph (g) of the proposed AD for the

[[Page 47636]]

initial compliance time for AWL task 57-21-112. Bombardier stated that 
the maintenance review manual specifies the inspection intervals and 
not the nondestructive testing manual specified in paragraph (g) of the 
proposed AD.
    The FAA agrees with the commenter for the reason provided by the 
commenter. The FAA has revised paragraph (g) of this AD to state that 
the initial compliance time for doing the task is at the at the next 
scheduled inspection as specified in AWL task 57-21-112, or within 30 
days after the effective date of this AD, whichever occurs later.

Request To Provide Clarification to the NPRM

    Air Wisconsin Airlines stated that it infers that the intent of 
paragraph (g) of the proposed AD is to incorporate the nondestructive 
testing (NDT) inspection introduced in Bombardier Canadair Regional Jet 
CRJ200 Nondestructive Testing Manual, CSP A-010, Revision 40, dated 
November 10, 2018 (``NDT Manual, Revision 40''), as AD 2016-17-15 
already requires incorporation of AWL task 57-21-112 into an operator's 
maintenance program. Air Wisconsin Airlines stated that if it is 
required to use only NDT Manual, Revision 40, then it would suggest 
that an alternative method of compliance (AMOC) would be required for 
every revision issued after that to the NDT manual, as required by AD 
2009-06-12, Amendment 39-15848 (74 FR 10457, March 11, 2009), for the 
fault isolation manual (FIM). Air Wisconsin Airlines asked if that is 
the intent of the NPRM, or is the intent of the NPRM as specified in 
the MCAI to prohibit the use of earlier revisions of the NDT manual. 
The FAA infers that Air Wisconsin Airlines is requesting the FAA 
clarify the intent of paragraph (g) of the NPRM.
    The FAA agrees to clarify the intent of paragraph (g) of this AD. 
The intent is to prohibit the use of revisions prior to NDT Manual, 
Revision 40. The FAA revised the language in paragraph (g) of this AD 
to specify operators to ``revise the existing maintenance or inspection 
program, as applicable, to incorporate the information in AWL task 57-
21-112, as specified in Part 6--Eddy Current, of Bombardier Canadair 
Regional Jet CRJ200 Nondestructive Testing Manual, CSP A-010, Revision 
40, dated November 10, 2018.'' The revised language in paragraph (g) of 
this AD is designed to allow incorporating the specific information, 
regardless of the revision level of the NDT manual, in use, so long as 
the language is identical to the information in NDT Manual, Revision 
40. Bombardier Canadair Regional Jet CRJ200 Nondestructive Testing 
Manual, CSP A-010, Revision 41, dated October 10, 2019, includes the 
same information that is specified in NDT Manual, Revision 40. If a 
revision of the NDT manual does not contain the same information for 
AWL task 57-21-112, as specified in NDT Manual, Revision 40, operators 
may request an AMOC using the procedures specified in paragraph (k)(1) 
of this AD.

Request To Incorporate a Certain Temporary Revision

    Bombardier requested that paragraph (h) of the proposed AD state 
that the incorporation of Bombardier CL-600-2B19 Temporary Revision 2B-
2273, dated October 31, 2019, to Appendix B--Airworthiness Limitations, 
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual 
(``Temporary Revision 2B-2273''), into the next full manual revision 
also meets the requirements of paragraph (h) of the proposed AD.
    The FAA agrees with the commenter that the next full manual 
revision that incorporates the information in Temporary Revision 2B-
2273 will meet the requirements of paragraph (h) of this AD. The FAA 
has revised the language in paragraph (h) of this AD to specify that 
operators ``revise the existing maintenance or inspection program, as 
applicable, to incorporate the information in AWL task 57-21-169, as 
specified in Bombardier CL-600-2B19 Temporary Revision 2B-2273, dated 
October 31, 2019, to Appendix B--Airworthiness Limitations, of Part 2 
of the Bombardier CL-600-2B19 Maintenance Requirements Manual.''
    This revised language requires including the information that is 
provided in the referenced temporary revision. The revised language in 
paragraph (h) of this AD is designed to allow incorporating the 
specific information, regardless of the revision level of the NDT 
manual in use, so long as the information is identical to that in 
Temporary Revision 2B-2273.

Request To Clarify the Inspection Method

    Air Wisconsin stated that paragraph (h) of the proposed AD 
specifies that the requirement is to incorporate AWL task 57-21-169, as 
specified in Temporary Revision 2B-2273 for which there is no existing 
inspection in the NDT manual. Air Wisconsin stated that Temporary 
Revision 2B-2273 does not indicate how to perform this inspection and 
that it only states to perform it, dependent upon maximum take-off 
weight (MTOW) if over the threshold from the last inspection per AWL 
task 57-21-112. Air Wisconsin commented that there needs to be a method 
of performing the inspection in the NDT manual, because AWL task 57-21-
112 may have been incorporated into a maintenance program many years 
ago and inspections using the NDT Manual, Revision 40, may have been 
performed immediately after its publication. Air Wisconsin also 
commented that depending on utilization, there may be less than 100 
cycles remaining before the inspection is required to be performed at 
the effective date of the AD, and therefore, there needs to be a better 
phase-in schedule than that shown in Temporary Revision 2B-2273, or an 
inspection method is required to be published sooner than later. The 
FAA infers that Air Wisconsin is requesting clarification for the 
inspection method.
    The FAA agrees to clarify the inspection method. Temporary Revision 
2B-2273 does provide an inspection method because it identifies the 
inspection type as a special detailed inspection and includes a 
reference to AWL task 57-21-169. The inspection method is available in 
the NDT manual.
    Regarding the phase-in schedule, the FAA notes that paragraph (h) 
of this AD provides a 30-day grace period for the initial compliance 
time. Operators may also request an AMOC to extend the compliance time 
using the procedures specified in paragraph (k)(1) of this AD. The FAA 
has not changed this AD in this regard.

Conclusion

    The FAA 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. The FAA has 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.
    The FAA 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 has issued Airworthiness Limitations task 57-21-112 to 
Part 6--Eddy Current, of Canadair Regional Jet CRJ200 Nondestructive 
Testing Manual, CSP A-010, Revision 40, dated November 10, 2018. This 
service information describes airworthiness

[[Page 47637]]

limitations for doing a special detailed inspection of the lower wing 
skin splice joints at buttock line (BL) 45.00, wing station (WS) 65.75, 
and WS148.00.
    Bombardier has also issued CL-600-2B19 Temporary Revision 2B-2273, 
dated October 31, 2019, to Appendix B--Airworthiness Limitations, of 
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual. 
This service information describes airworthiness limitations for doing 
an inspection for cracking on the lower wing plank at the stringer run-
out.
    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

    The FAA estimates that this AD affects 464 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the FAA recognizes that this number may vary from operator to 
operator. In the past, the FAA has estimated that this action takes 1 
work-hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).
    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.

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

    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) Will not affect intrastate aviation in Alaska, and
    (3) 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):

2020-12-13 Bombardier, Inc.: Amendment 39-19922; Docket No. FAA-
2019-0987; Product Identifier 2019-NM-144-AD.

(a) Effective Date

    This AD is effective September 10, 2020.

(b) Affected ADs

    This AD affects AD 2016-17-15, Amendment 39-18628 (81 FR 59839, 
August 31, 2016) (``AD 2016-17-15'').

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category, 
serial number 7003 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by reports that during airplane wing 
fatigue testing, fatigue cracks were found on the lower right-hand-
side wing plank at the end of the integrally machined stringers, 
which led to a determination that new or more restrictive 
airworthiness limitations are necessary. The FAA is issuing this AD 
to address undetected cracks on the lower wing plank at the stringer 
run-out, which could affect the structural integrity of the wing.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision for Task 57-21-112

    For airplanes on which Bombardier Service Bulletin 601R-57-044 
has not been done: Within 30 days after the effective date of this 
AD, revise the existing maintenance or inspection program, as 
applicable, to incorporate the information in airworthiness 
limitations (AWL) task 57-21-112, as specified in Part 6--Eddy 
Current, of Bombardier Canadair Regional Jet CRJ200 Nondestructive 
Testing Manual, CSP A-010, Revision 40, dated November 10, 2018. The 
initial compliance time for doing the task is at the next scheduled 
inspection as specified in AWL task 57-21-112, or within 30 days 
after the effective date of this AD, whichever occurs later.

(h) Maintenance or Inspection Program Revision for Task 57-21-169

    For airplanes on which Bombardier Service Bulletin 601R-57-044 
has been done: Within 30 days after the effective date of this AD, 
revise the existing maintenance or inspection program, as 
applicable, to incorporate the information in AWL task 57-21-169, as 
specified in Bombardier CL-600-2B19 Temporary Revision 2B-2273, 
dated October 31, 2019, to Appendix B--Airworthiness Limitations, of 
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements 
Manual. The initial compliance time for doing the task is at the 
time specified in Bombardier CL-600-2B19 Temporary Revision 2B-2273, 
dated October 31, 2019, to Appendix B--Airworthiness Limitations, of 
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements 
Manual, or within 30 days after the effective date of this AD, 
whichever occurs later.

(i) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraphs (g) and (h) of this AD, no 
alternative actions (e.g., inspections) or intervals may be used 
unless the actions or intervals are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (k)(1) of this AD.

(j) Terminating Action for a Certain Requirement of AD 2016-17-15.

    Accomplishing the revision required by paragraph (g) of this AD 
terminates the requirement to incorporate AWL 57-21-112

[[Page 47638]]

as specified in paragraph (g)(12) of AD 2016-17-15.

(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 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2019-21, dated May 15, 2019, 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-2019-0987.
    (2) For more information about this AD, contact Aziz Ahmed, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7329; 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) Airworthiness Limitations task 57-21-112 to Part 6--Eddy 
Current, of Bombardier Canadair Regional Jet CRJ200 Nondestructive 
Testing Manual, CSP A-010, Revision 40, dated November 10, 2018.
    (ii) Bombardier CL-600-2B19 Temporary Revision 2B-2273, dated 
October 31, 2019, to Appendix B--Airworthiness Limitations, of Part 
2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual.
    (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; Widebody Customer Response Center 
North America toll-free telephone 1-866-538-1247 or direct-dial 
telephone 1-514-855-2999; fax 514-855-7401; email 
[email protected]; internet https://www.bombardier.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety 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.html.

    Issued on June 19, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-17124 Filed 8-5-20; 8:45 am]
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