Airworthiness Directives; Bombardier, Inc. Airplanes, 93592-93595 [2016-29513]

Download as PDF 93592 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations repair the cracking using a method approved in accordance with the procedures specified in paragraph (k) of this AD. asabaliauskas on DSK3SPTVN1PROD with RULES (j) Post-Modification and Post-Repair Actions For airplanes on which any modification or repair specified in (g) or (h) of this AD has been done: At the applicable time and intervals specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin MD80–55A072, dated April 8, 2016, do all applicable post-modification and postrepair inspections and all applicable corrective actions; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin MD80–55A072, dated April 8, 2016; except as specified in paragraph (i)(2) of this AD. All applicable corrective actions must be done before further flight. (k) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles Aircraft Certification Office (ACO), 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 ACO, send it to the attention of the person identified in paragraph (l) of this AD. Information may be emailed to: 9-ANM-LAACO-AMOCRequests@faa.gov. (2) 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. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) Except as required by paragraph (i)(2) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (k)(4)(i) and (k)(4)(ii) of this AD apply. (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or sub-step is labeled ‘‘RC Exempt,’’ then the RC requirement is removed from that step or sub-step. An AMOC is required for any deviations to RC steps, including substeps and identified figures. (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition. VerDate Sep<11>2014 17:05 Dec 20, 2016 Jkt 241001 (l) Related Information For more information about this AD, contact Haytham Alaidy, Aerospace Engineer, Airframe Branch, ANM–120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5224; fax: 562–627–5210; email: haytham.alaidy@faa.gov. (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 the AD specifies otherwise. (i) Boeing Alert Service Bulletin MD80– 55A072, dated April 8, 2016. (ii) Reserved. (3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone: 562–797– 1717; Internet: https:// www.myboeingfleet.com. (4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (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/ibrlocations.html. Issued in Renton, Washington, on November 25, 2016. John P. Piccola, Jr., Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–29306 Filed 12–20–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–8847; Directorate Identifier 2016–NM–020–AD; Amendment 39–18742; AD 2016–25–16] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc. Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL–600–2E25 SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 (Regional Jet Series 1000) airplanes. This AD was prompted by reports of two cases where the main landing gear (MLG) failed to fully extend; it was determined that interference between the MLG door and the MLG fairing seal prevented the MLG door from opening fully. This AD requires repetitive inspections of the MLG fairing, fairing seal, door, and adjacent structures; and replacement or repair of affected parts and fasteners, or removal of the MLG door, if necessary. This AD also requires installation of a safety guide in the MLG fairing and an increase of the spacing between the MLG door and the fairing, which would terminate the repetitive inspections. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 25, 2017. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 25, 2017. ADDRESSES: For service information identified in this final rule, contact ˆ Bombardier, Inc., 400 Cote-Vertu Road ´ West, Dorval, Quebec 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 ac.yul@aero.bombardier.com; Internet http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. It is also available on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 8847. 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–2016– 8847; or in person at the Docket Management Facility 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 Office (telephone 800–647– 5527) is Docket Management Facility, 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: Fabio Buttitta, Aerospace Engineer, E:\FR\FM\21DER1.SGM 21DER1 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations Airframe and Mechanical Systems Branch, ANE–171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7303; fax 516–794–5531. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply certain Bombardier, Inc. Model CL–600–2E25 (Regional Jet Series 1000) airplanes. The NPRM published in the Federal Register on August 26, 2016 (81 FR 58874) (‘‘the NPRM’’). Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF–2015–30, dated December 30, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Bombardier, Inc. Model CL– 600–2E25 (Regional Jet Series 1000) airplanes. The MCAI states: Two cases of main landing gear (MLG) failure to fully extend have been reported on model CL–600–2C10/–2D15/–2D24 aeroplanes. Investigation determined that interference between the MLG door and the MLG fairing seal prevented the MLG door from opening. Although model CL–600–2E25 aeroplanes feature new MLG door design, similar interference between the MLG door and the MLG fairing seal could exist on aeroplanes listed in the Applicability section of this [Canadian] AD. An MLG failing to extend may result in an unsafe asymmetric landing configuration. This [Canadian] AD mandates the repetitive inspection and rectification [which could include replacement or repair of affected parts and fasteners, or removal of the door, if necessary], as required, of the MLG fairing and seal, MLG door, and adjacent structures, until the mandatory terminating action is completed. The terminating action includes installation of a safety guide in the MLG fairing and an increase of the spacing between the MLG door and the fairing, which would terminate the repetitive inspections. 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–2016–8847. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and 93593 • 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 AD. Related Service Information Under 1 CFR Part 51 We reviewed Bombardier Service Bulletin 670BA–32–041, dated March 28, 2013. The service information describes procedures for detailed inspections of the MLG fairing, fairing seal, door, and adjacent structures; replacement or repair of affected parts and fasteners and removal of the MLG door. We also reviewed Bombardier Service Bulletin 670BA–32–049, dated May 26, 2015. The service information describes procedures for installation of a safety guide in the MLG fairing and an increase of the spacing between the MLG door and the fairing. 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 40 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Labor cost Parts cost Cost per product Cost on U.S. operators 50 work-hours × $85 per hour = $4,250 ............................................. $0 $4,250 $170,000 Action Inspection and Installation. We have received no definitive data on the costs for the on-condition repairs that will be required based on the results of the inspection. We estimate the following costs to do any necessary replacements/removals that will be required based on the results of the required inspection. We have no way of determining the number of aircraft that might need these replacements/removals: ON-CONDITION COSTS Action Labor cost asabaliauskas on DSK3SPTVN1PROD with RULES Replacement of damaged fairing seal. Removal of MLG door Parts cost Cost per product 6 work-hours × $85 per hour = $510 per seal replacement ............... $921 per seal ............. 3 work-hours × $85 per hour = $255 per removal of MLG door ......... 0 ................................. $1,431 per seal replacement. 255 per removal of MLG door. OPTIONAL ACTIONS Action Labor cost Parts cost Cost per product Installation of MLG door .................. 13 work-hours × $85 per hour = $1,105 ................................................... $0 $1,105 VerDate Sep<11>2014 17:05 Dec 20, 2016 Jkt 241001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1 93594 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations Authority for This Rulemaking § 39.13 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. ■ Regulatory Findings We 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. 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. asabaliauskas on DSK3SPTVN1PROD with RULES 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. VerDate Sep<11>2014 17:05 Dec 20, 2016 Jkt 241001 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016–25–16 Bombardier, Inc.: Amendment 39–18742; Docket No. FAA–2016–8847; Directorate Identifier 2016–NM–020–AD. (a) Effective Date This AD is effective January 25, 2017. (b) Affected ADs None. (c) Applicability This AD applies to Bombardier, Inc. Model CL–600–2E25 (Regional Jet Series 1000) airplanes, certificated in any category, serial numbers 19002 through 19041 inclusive. (d) Subject Air Transport Association (ATA) of America Code 32, Landing gear. (e) Reason This AD was prompted by reports of two cases where the main landing gear (MLG) failed to fully extend; it was determined that interference between the MLG door and the MLG fairing seal prevented the MLG door from opening fully. We are issuing this AD to detect and correct interference between the MLG door and the MLG fairing seal. Such interference could result in a MLG failing to fully extend, which could cause an unsafe asymmetric landing configuration. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection of MLG Fairing, Fairing Seal, Door, and Adjacent Structures Within 660 flight hours after the effective date of this AD, conduct a detailed inspection for damage to the MLG fairing, fairing seal, door, and adjacent structures, and for missing parts and fasteners, in accordance with Part A of the Accomplishment Instructions of Bombardier Service Bulletin 670BA–32–041, dated March 28, 2013. Repeat the inspection thereafter at intervals not to exceed 660 flight hours until the installation required by paragraph (m) of this AD is done. method approved by the Manager, New York Aircraft Certification Office (ACO), ANE–170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.’s TCCA Design Approval Organization (DAO); or remove the MLG door, in accordance with Part C of the Accomplishment Instructions of Bombardier Service Bulletin 670BA–32–041, dated March 28, 2013. (j) Repair of the MLG Fairing If damage to the MLG fairing is found during any inspection required by paragraph (g) of this AD, before further flight, repair using a method approved by the Manager, New York ACO, ANE–170, FAA; or TCCA; or Bombardier, Inc.’s TCCA DAO. (k) Repair of the Adjacent Structure and Other Corrective Actions If damage to the adjacent structure is found or if any part or fastener is found missing or damaged during any inspection required by paragraph (g) of this AD, before further flight, do the applicable actions specified in paragraphs (k)(1) and (k)(2) of this AD. (1) Replace missing or damaged parts and fasteners, in accordance with Part A of the Accomplishment Instruction of Bombardier Service Bulletin 670BA–32–041, dated March 28, 2013, except where Bombardier Service Bulletin 670BA–32–041, dated March 28, 2013, specifies to contact Bombardier, before further flight, repair using a method approved by the Manager, New York ACO, ANE–170, FAA; or TCCA; or Bombardier, Inc.’s TCCA DAO. (2) Repair damaged structure using a method approved by the Manager, New York ACO, ANE–170, FAA; or TCCA; or Bombardier, Inc.’s TCCA DAO. (l) Reinstallation of the MLG Door For any MLG door that has been removed as specified in paragraph (h) or (i) of this AD: Reinstallation of the door, if accomplished, must be done in accordance with Part D of the Accomplishment Instructions of Bombardier Service Bulletin 670BA–32–041, dated March 28, 2013. Before further flight after any reinstallation, the inspection required by paragraph (g) of this AD must be done and the inspection must be repeated thereafter at the times specified in paragraph (g) of this AD until the installation required by paragraph (m) of this AD is done. (h) Replacement of MLG Fairing Seal or Door Removal If damage to the MLG fairing seal is found during any inspection required by paragraph (g) of this AD, before further flight, replace the seal, in accordance with Part B of the Accomplishment Instructions of Bombardier Service Bulletin 670BA–32–041, dated March 28, 2013; or remove the MLG door, in accordance with Part C of the Accomplishment Instructions of Bombardier Service Bulletin 670BA–32–041, dated March 28, 2013. (m) Installation of a Safety Guide on the MLG Fairing and Increase of Spacing Between MLG Door and Fairing Except as required by paragraph (n) of this AD: Within 6,600 flight hours or 36 months, whichever occurs first, after the effective date of this AD, install a safety guide on the MLG fairing and increase the spacing between the MLG door and the fairing, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA–32–049, dated May 26, 2015. Accomplishment of these actions terminates the requirements of paragraphs (g) and (l) of this AD. (i) Repair of the MLG Door or MLG Door Removal If damage to the MLG door is found during any inspection required by paragraph (g) of this AD, before further flight, repair using a (n) Provisions for Removed/Reinstalled Doors If the MLG door has been removed in accordance with Part C of the Accomplishment Instructions of Bombardier PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations Service Bulletin 670BA–32–041, dated March 28, 2013, the installation required by paragraph (m) of this AD may be delayed until the MLG door is reinstalled in accordance with paragraph (l) of this AD. When the removed MLG door is reinstalled, the installation required by paragraph (m) of this AD must be done at the time specified in paragraph (m) of this AD or before further flight after reinstallation of the removed MLG door, whichever occurs later. 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (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.govfxsp0;/federalregisterfxsp0;/cfr/ibr-locations.htmlfxsp0;. (o) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO, ANE–170, 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 ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 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, ANE–170, FAA; or TCCA; or Bombardier, Inc.’s TCCA DAO. If approved by the DAO, the approval must include the DAO-authorized signature. Issued in Renton, Washington, on December 1, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. asabaliauskas on DSK3SPTVN1PROD with RULES (p) Related Information Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF–2015–30, dated December 30, 2015, 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–2016–8847. (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 670BA–32– 041, dated March 28, 2013. (ii) Bombardier Service Bulletin 670BA– 32–049, dated May 26, 2015. (3) For service information identified in ˆ this AD, contact Bombardier, Inc., 400 Cote´ Vertu Road West, Dorval, Quebec 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 ac.yul@aero.bombardier.com; Internet http:// www.bombardier.com. (4) You may view this service information at the FAA, Transport Airplane Directorate, VerDate Sep<11>2014 17:05 Dec 20, 2016 Jkt 241001 [FR Doc. 2016–29513 Filed 12–20–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA–446] Schedules of Controlled Substances: Temporary Placement of Six Synthetic Cannabinoids (5F–ADB, 5F–AMB, 5F– APINACA, ADB–FUBINACA, MDMB– CHMICA and MDMB–FUBINACA) Into Schedule I Drug Enforcement Administration, Department of Justice. ACTION: Notice of intent. AGENCY: The Administrator of the Drug Enforcement Administration is issuing this notice of intent to temporarily schedule six synthetic cannabinoids: methyl 2-(1-(5-fluoropentyl)-1Hindazole-3-carboxamido)-3,3dimethylbutanoate [5F-ADB; 5F-MDMBPINACA]; methyl 2-(1-(5-fluoropentyl)1H-indazole-3-carboxamido)-3methylbutanoate [5F-AMB]; N(adamantan-1-yl)-1-(5-fluoropentyl)-1Hindazole-3-carboxamide [5F-APINACA, 5F-AKB48]; N-(1-amino-3,3-dimethyl-1oxobutan-2-yl)-1-(4-fluorobenzyl)-1Hindazole-3-carboxamide [ADBFUBINACA]; methyl 2-(1(cyclohexylmethyl)-1H-indole-3carboxamido)-3,3-dimethylbutanoate [MDMB-CHMICA, MMB-CHMINACA] and methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3,3dimethylbutanoate [MDMBFUBINACA], into schedule I pursuant to the temporary scheduling provisions of the Controlled Substances Act (CSA). This action is based on a finding by the Administrator that the placement of these synthetic cannabinoids into schedule I of the Controlled Substances Act is necessary to avoid an imminent hazard to the public safety. Any final SUMMARY: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 93595 order will impose the administrative, civil, and criminal sanctions and regulatory controls applicable to schedule I substances under the Controlled Substances Act on the manufacture, distribution, possession, importation, exportation of, and research and conduct with, instructional activities of these synthetic cannabinoids. DATES: December 21, 2016. FOR FURTHER INFORMATION CONTACT: Michael J. Lewis, Office of Diversion Control, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598–6812. SUPPLEMENTARY INFORMATION: Any final order will be published in the Federal Register and may not be effective prior to January 20, 2017. Legal Authority The Drug Enforcement Administration (DEA) implements and enforces titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended. 21 U.S.C. 801–971. Titles II and III are referred to as the ‘‘Controlled Substances Act’’ and the ‘‘Controlled Substances Import and Export Act,’’ respectively, and are collectively referred to as the ‘‘Controlled Substances Act’’ or the ‘‘CSA’’ for the purpose of this action. The DEA publishes the implementing regulations for these statutes in title 21 of the Code of Federal Regulations (CFR), chapter II. The CSA and its implementing regulations are designed to prevent, detect, and eliminate the diversion of controlled substances and listed chemicals into the illicit market while providing for the legitimate medical, scientific, research, and industrial needs of the United States. Controlled substances have the potential for abuse and dependence and are controlled to protect the public health and safety. Under the CSA, every controlled substance is classified into one of five schedules based upon its potential for abuse, its currently accepted medical use in treatment in the United States, and the degree of dependence the drug or other substance may cause. 21 U.S.C. 812. The initial schedules of controlled substances established by Congress are found at 21 U.S.C. 812(c), and the current list of all scheduled substances is published at 21 CFR part 1308. Section 201 of the CSA, 21 U.S.C. 811, provides the Attorney General with the authority to temporarily place a substance into schedule I of the CSA for two years without regard to the requirements of 21 U.S.C. 811(b) if she E:\FR\FM\21DER1.SGM 21DER1

Agencies

[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Rules and Regulations]
[Pages 93592-93595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29513]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8847; Directorate Identifier 2016-NM-020-AD; 
Amendment 39-18742; AD 2016-25-16]
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 CL-600-2E25 (Regional Jet Series 1000) 
airplanes. This AD was prompted by reports of two cases where the main 
landing gear (MLG) failed to fully extend; it was determined that 
interference between the MLG door and the MLG fairing seal prevented 
the MLG door from opening fully. This AD requires repetitive 
inspections of the MLG fairing, fairing seal, door, and adjacent 
structures; and replacement or repair of affected parts and fasteners, 
or removal of the MLG door, if necessary. This AD also requires 
installation of a safety guide in the MLG fairing and an increase of 
the spacing between the MLG door and the fairing, which would terminate 
the repetitive inspections. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective January 25, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 25, 
2017.

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 ac.yul@aero.bombardier.com; 
Internet http://www.bombardier.com. You may view this referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221. It is also available on 
the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2016-8847.

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-2016-
8847; or in person at the Docket Management Facility 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 Office (telephone 
800-647-5527) is Docket Management Facility, 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: Fabio Buttitta, Aerospace Engineer,

[[Page 93593]]

Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone 516-228-7303; fax 516-794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply certain Bombardier, Inc. Model 
CL-600-2E25 (Regional Jet Series 1000) airplanes. The NPRM published in 
the Federal Register on August 26, 2016 (81 FR 58874) (``the NPRM'').
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2015-30, dated December 30, 2015 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Bombardier, Inc. Model CL-600-
2E25 (Regional Jet Series 1000) airplanes. The MCAI states:

    Two cases of main landing gear (MLG) failure to fully extend 
have been reported on model CL-600-2C10/-2D15/-2D24 aeroplanes. 
Investigation determined that interference between the MLG door and 
the MLG fairing seal prevented the MLG door from opening.
    Although model CL-600-2E25 aeroplanes feature new MLG door 
design, similar interference between the MLG door and the MLG 
fairing seal could exist on aeroplanes listed in the Applicability 
section of this [Canadian] AD. An MLG failing to extend may result 
in an unsafe asymmetric landing configuration.
    This [Canadian] AD mandates the repetitive inspection and 
rectification [which could include replacement or repair of affected 
parts and fasteners, or removal of the door, if necessary], as 
required, of the MLG fairing and seal, MLG door, and adjacent 
structures, until the mandatory terminating action is completed.

    The terminating action includes installation of a safety guide in 
the MLG fairing and an increase of the spacing between the MLG door and 
the fairing, which would terminate the repetitive inspections. 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-2016-
8847.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting 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 AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier Service Bulletin 670BA-32-041, dated March 
28, 2013. The service information describes procedures for detailed 
inspections of the MLG fairing, fairing seal, door, and adjacent 
structures; replacement or repair of affected parts and fasteners and 
removal of the MLG door.
    We also reviewed Bombardier Service Bulletin 670BA-32-049, dated 
May 26, 2015. The service information describes procedures for 
installation of a safety guide in the MLG fairing and an increase of 
the spacing between the MLG door and the fairing.
    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 40 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
              Action                       Labor cost             Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection and Installation......  50 work-hours x $85 per                 $0           $4,250         $170,000
                                    hour = $4,250.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data on the costs for the on-
condition repairs that will be required based on the results of the 
inspection.
    We estimate the following costs to do any necessary replacements/
removals that will be required based on the results of the required 
inspection. We have no way of determining the number of aircraft that 
might need these replacements/removals:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                            Labor cost                   Parts cost        Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement of damaged fairing     6 work-hours x $85 per hour = $510   $921 per seal......  $1,431 per seal
 seal.                              per seal replacement.                                     replacement.
Removal of MLG door..............  3 work-hours x $85 per hour = $255   0..................  255 per removal of
                                    per removal of MLG door.                                  MLG door.
----------------------------------------------------------------------------------------------------------------


                                                Optional Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Installation of MLG door..................  13 work-hours x $85 per hour =                  $0           $1,105
                                             $1,105.
----------------------------------------------------------------------------------------------------------------


[[Page 93594]]

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.

Regulatory Findings

    We 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. 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):

2016-25-16 Bombardier, Inc.: Amendment 39-18742; Docket No. FAA-
2016-8847; Directorate Identifier 2016-NM-020-AD.

(a) Effective Date

    This AD is effective January 25, 2017.

 (b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2E25 (Regional 
Jet Series 1000) airplanes, certificated in any category, serial 
numbers 19002 through 19041 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of two cases where the main 
landing gear (MLG) failed to fully extend; it was determined that 
interference between the MLG door and the MLG fairing seal prevented 
the MLG door from opening fully. We are issuing this AD to detect 
and correct interference between the MLG door and the MLG fairing 
seal. Such interference could result in a MLG failing to fully 
extend, which could cause an unsafe asymmetric landing 
configuration.

(f) Compliance

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

(g) Inspection of MLG Fairing, Fairing Seal, Door, and Adjacent 
Structures

    Within 660 flight hours after the effective date of this AD, 
conduct a detailed inspection for damage to the MLG fairing, fairing 
seal, door, and adjacent structures, and for missing parts and 
fasteners, in accordance with Part A of the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-32-041, dated 
March 28, 2013. Repeat the inspection thereafter at intervals not to 
exceed 660 flight hours until the installation required by paragraph 
(m) of this AD is done.

(h) Replacement of MLG Fairing Seal or Door Removal

    If damage to the MLG fairing seal is found during any inspection 
required by paragraph (g) of this AD, before further flight, replace 
the seal, in accordance with Part B of the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-32-041, dated 
March 28, 2013; or remove the MLG door, in accordance with Part C of 
the Accomplishment Instructions of Bombardier Service Bulletin 
670BA-32-041, dated March 28, 2013.

(i) Repair of the MLG Door or MLG Door Removal

    If damage to the MLG door is found during any inspection 
required by paragraph (g) of this AD, before further flight, repair 
using a method approved by the Manager, New York Aircraft 
Certification Office (ACO), ANE-170, FAA; or Transport Canada Civil 
Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval 
Organization (DAO); or remove the MLG door, in accordance with Part 
C of the Accomplishment Instructions of Bombardier Service Bulletin 
670BA-32-041, dated March 28, 2013.

(j) Repair of the MLG Fairing

    If damage to the MLG fairing is found during any inspection 
required by paragraph (g) of this AD, before further flight, repair 
using a method approved by the Manager, New York ACO, ANE-170, FAA; 
or TCCA; or Bombardier, Inc.'s TCCA DAO.

(k) Repair of the Adjacent Structure and Other Corrective Actions

    If damage to the adjacent structure is found or if any part or 
fastener is found missing or damaged during any inspection required 
by paragraph (g) of this AD, before further flight, do the 
applicable actions specified in paragraphs (k)(1) and (k)(2) of this 
AD.
    (1) Replace missing or damaged parts and fasteners, in 
accordance with Part A of the Accomplishment Instruction of 
Bombardier Service Bulletin 670BA-32-041, dated March 28, 2013, 
except where Bombardier Service Bulletin 670BA-32-041, dated March 
28, 2013, specifies to contact Bombardier, before further flight, 
repair using a method approved by the Manager, New York ACO, ANE-
170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.
    (2) Repair damaged structure using a method approved by the 
Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s 
TCCA DAO.

(l) Reinstallation of the MLG Door

    For any MLG door that has been removed as specified in paragraph 
(h) or (i) of this AD: Reinstallation of the door, if accomplished, 
must be done in accordance with Part D of the Accomplishment 
Instructions of Bombardier Service Bulletin 670BA-32-041, dated 
March 28, 2013. Before further flight after any reinstallation, the 
inspection required by paragraph (g) of this AD must be done and the 
inspection must be repeated thereafter at the times specified in 
paragraph (g) of this AD until the installation required by 
paragraph (m) of this AD is done.

(m) Installation of a Safety Guide on the MLG Fairing and Increase of 
Spacing Between MLG Door and Fairing

    Except as required by paragraph (n) of this AD: Within 6,600 
flight hours or 36 months, whichever occurs first, after the 
effective date of this AD, install a safety guide on the MLG fairing 
and increase the spacing between the MLG door and the fairing, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 670BA-32-049, dated May 26, 2015. Accomplishment of 
these actions terminates the requirements of paragraphs (g) and (l) 
of this AD.

(n) Provisions for Removed/Reinstalled Doors

    If the MLG door has been removed in accordance with Part C of 
the Accomplishment Instructions of Bombardier

[[Page 93595]]

Service Bulletin 670BA-32-041, dated March 28, 2013, the 
installation required by paragraph (m) of this AD may be delayed 
until the MLG door is reinstalled in accordance with paragraph (l) 
of this AD. When the removed MLG door is reinstalled, the 
installation required by paragraph (m) of this AD must be done at 
the time specified in paragraph (m) of this AD or before further 
flight after reinstallation of the removed MLG door, whichever 
occurs later.

(o) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO, ANE-170, 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 ACO, send it to ATTN: Program 
Manager, Continuing Operational Safety, FAA, New York ACO, 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, 
ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved 
by the DAO, the approval must include the DAO-authorized signature.

(p) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian Airworthiness Directive CF-2015-30, dated December 30, 
2015, 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-2016-8847.

(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 670BA-32-041, dated March 28, 
2013.
    (ii) Bombardier Service Bulletin 670BA-32-049, dated May 26, 
2015.
    (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 
ac.yul@aero.bombardier.com; Internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (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.govfxsp0;/
federal-registerfxsp0;/cfr/ibr-locations.htmlfxsp0;.

    Issued in Renton, Washington, on December 1, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-29513 Filed 12-20-16; 8:45 am]
BILLING CODE 4910-13-P