[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Rules and Regulations]
[Pages 7857-7860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02718]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0720; Product Identifier 2019-NM-117-AD; Amendment
39-19831; AD 2020-02-19]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2003-09-04
R1, which applied to certain Bombardier, Inc., Model CL-600-2B19
(Regional Jet series 100 & 440) airplanes. AD 2003-09-04 R1 required
revising the airworthiness limitations for certain structural
inspections; repair if necessary; and submission of inspection findings
to the airplane manufacturer. This AD revises the applicability to
include additional airplanes; revises certain compliance times; and
requires revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. This AD was prompted by a report of fatigue cracks
occurring on the pressure floor skin at fuselage stations (FS) 460 and
513. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective March 18, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 18,
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 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-2019-0720.
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-
0720; 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 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: Andrea Jimenez, Aerospace Engineer,
Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7330;
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-2002-39R2, dated August
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-2019-0720.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2003-09-04 R1, Amendment 39-13305 (68 FR
54985, September 22, 2003) (``AD 2003-09-04 R1''). AD 2003-09-04 R1
applied to certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet
series 100 & 440) airplanes. The NPRM published in the Federal Register
on October 30, 2019 (84 FR 58062). The NPRM was prompted by a report of
fatigue cracks occurring on the pressure floor skin at FS 460 and 513.
The NPRM proposed to revise the applicability to include additional
airplanes; revise certain compliance times; and require 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 fatigue cracks, which could result in
failure of the pressure floor skin and consequent rapid decompression
of the airplane during flight. 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 comment received
on the NPRM and the FAA's response to each comment.
Request To Revise Certain Language
SkyWest Airlines requested that the FAA revise certain language in
the proposed AD. SkyWest Airlines suggested that the wording in
paragraph (i)(2) of the proposed AD be revised to more closely match
the wording in paragraph (c)(2) of AD 2003-09-04 R1. SkyWest Airlines
noted that paragraph (i)(2) of the proposed AD states that new
airworthiness limitations and inspection requirements are to be
inserted into a Bombardier Temporary Revision, but Temporary Revisions
are issued and controlled by Bombardier. SkyWest Airlines stated that
it appears that the intent of paragraph (i)(2) of the proposed AD is to
track the additional airworthiness limitations and inspection
requirements introduced by the repair described in paragraph (i)(1) of
the proposed AD.
The FAA agrees to clarify. The FAA has revised paragraph (i) of
this AD to clarify that operators must comply with any repair
instructions, including any new airworthiness limitations and
inspection requirements, approved by the FAA, TCCA, or Bombardier,
Inc.'s TCCA Design Approval Organization (DAO). As part of this
clarification, the FAA revised the content that was in paragraph (i)(2)
of the proposed AD, combined the content of paragraph (i)(1) with the
revised content of paragraph (i)(2), and moved that combined content
into paragraph (i) of this AD (eliminating paragraphs (i)(1) and (2) of
the proposed AD).
[[Page 7858]]
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change 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 Bombardier CL-600-2B19 Temporary Revision 2B-
2265, dated July 19, 2018, to Appendix B--Airworthiness Limitations, of
Part 2 of the Bombardier Maintenance Requirements Manual; and
Bombardier CL-600-2B19 Temporary Revision 2B-2266, dated July 19, 2018,
to Appendix B--Airworthiness Limitations, of Part 2 of the Bombardier
Maintenance Requirements Manual. These temporary revisions describe
airworthiness limitations for inspections of the pressure floor skin.
These documents are distinct since they describe different
airworthiness limitations.
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 would affect 37 airplanes of U.S.
registry.
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
In the past, the agency 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 agency estimates the average total
cost per operator to be $7,650 (90 work-hours x $85 per work-hour).
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 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,
(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 removing Airworthiness Directive (AD)
2003-09-04 R1, Amendment 39-13305 (68 FR 54985, September 22, 2003),
and adding the following new AD:
2020-02-19 Bombardier, Inc.: Amendment 39-19831; Docket No. FAA-
2019-0720; Product Identifier 2019-NM-117-AD.
(a) Effective Date
This AD is effective March 18, 2020.
(b) Affected ADs
This AD replaces AD 2003-09-04 R1, Amendment 39-13305 (68 FR
54985, September 22, 2003) (``AD 2003-09-04 R1'').
(c) Applicability
This AD applies to Bombardier, Inc., Model CL-600-2B19 (Regional
Jet series 100 & 440) airplanes, certificated in any category,
serial numbers 7003 through 8999 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report of fatigue cracks occurring on
the pressure floor skin at fuselage stations (FS) 460 and 513. The
FAA is issuing this AD to address such fatigue cracks, which could
result in failure of the pressure floor skin and consequent rapid
decompression of the airplane during flight.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance Program Revision for Serial Numbers 7003 through 8079
For airplane serial numbers 7003 through 8079 inclusive: Within
30 days from the effective date this AD, revise the existing
maintenance or inspection program, as applicable, by incorporating
the information specified in Airworthiness Limitations (AWL) task
number 53-41-149 specified in Bombardier CL-600-2B19 Airworthiness
Requirements Temporary Revision 2B-2265, dated July 19, 2018, to
Appendix B--Airworthiness Limitations, of Part 2 of the Bombardier
Maintenance Requirements Manual.
(1) The initial compliance time for doing the task is at the
time specified in figure 1 to paragraph (g)(1) of this AD, or within
90 days after the effective date of this AD, whichever occurs later.
[[Page 7859]]
[GRAPHIC] [TIFF OMITTED] TR12FE20.000
(2) For airplanes on which Bombardier Service Bulletin 601R-53-
067, Bombardier Service Bulletin 601R-53-077, and AWL task number
53-41-194 have been done, the inspections in AWL task number 53-41-
149 are not required in the areas covered by doublers at FS460 and
FS513.
(3) For airplanes on which the initial inspection has been
accomplished at 18,325 or more total flight cycles, and no cracks
were found, as of October 7, 2003 (the effective date of AD 2003-09-
04), the repetitive interval of 10,000 flight cycles starts from the
completion date of the initial inspection.
(4) For airplanes that were previously inspected using AWL task
number 53-41-193, perform an inspection using the information
specified in AWL task number 53-41-149, provided in Bombardier CL-
600-2B19 Airworthiness Requirements Temporary Revision 2B-2265,
dated July 19, 2018, to Appendix B--Airworthiness Limitations, of
Part 2 of the Bombardier Maintenance Requirements Manual, within
10,000 flight cycles from the previously accomplished inspection.
(h) Maintenance Program Revision for Serial Numbers 8080 through 8999
(1) For airplane serial numbers 8080 through 8999 inclusive:
Within 30 days from the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, by
incorporating the information specified in AWL task number 53-41-193
specified in Bombardier CL-600-2B19 Airworthiness Limitations
Temporary Revision 2B-2266, dated July 19, 2018, to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier Maintenance
Requirements Manual. Except as specified in paragraph (h)(2) of this
AD, the initial compliance time for doing the task is at the time
specified in Bombardier CL-600-2B19 Airworthiness Requirements
Temporary Revision 2B-2266, dated July 19, 2018, to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier Maintenance
Requirements Manual, or within 90 days after the effective date of
this AD, whichever occurs later.
(2) For airplanes that were previously inspected using AWL task
number 53-41-149, perform an inspection by incorporating the
information specified in AWL task number 53-41-193, provided in
Bombardier CL-600-2B19 Airworthiness Requirements Temporary Revision
2B-2265, dated July 19, 2018, to Appendix B--Airworthiness
Limitations, of Part 2 of the Bombardier Maintenance Requirements
Manual, within 10,000 flight cycles from the previously accomplished
inspection.
(i) Corrective Actions
If any crack is found during any inspection required by this AD,
before further flight, repair 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), and accomplish any repair instructions,
including any new airworthiness limitations and inspection
requirements accordingly. If approved by the DAO, the approval must
include the DAO-authorized signature.
(j) No Alternative Actions or Intervals
After the maintenance or inspection program has been revised as
required by paragraphs (g), (h), and (i) of this AD, as applicable,
no alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an AMOC in
accordance with the procedures specified in paragraph (k)(1) of this
AD.
(k) Other FAA AD Provisions
(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.
(i) 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.
[[Page 7860]]
(ii) AMOCs approved previously for AD 2003-09-04 R1 are approved
as AMOCs for the corresponding provisions of this AD.
(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 TCCA; or Bombardier, Inc.'s TCCA 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-2002-39R2, dated August 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-2019-0720.
(2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7330; 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 CL-600-2B19 Maintenance Requirements Temporary
Revision 2B-2265, dated July 19, 2018, to Appendix B--Airworthiness
Limitations, of Part 2 of the Bombardier Maintenance Requirements
Manual.
(ii) Bombardier CL-600-2B19 Maintenance Requirements Temporary
Revision 2B-2266, dated July 19, 2018, to Appendix B--Airworthiness
Limitations, of Part 2 of the Bombardier 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, 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.html.
Issued on January 27, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-02718 Filed 2-11-20; 8:45 am]
BILLING CODE 4910-13-P