Airworthiness Directives; Bombardier, Inc., Airplanes, 16767-16770 [2019-08095]

Download as PDF 16767 Rules and Regulations Federal Register Vol. 84, No. 78 Tuesday, April 23, 2019 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. information on the availability of this material at the FAA, call 206–231–3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2018– 0965. The Code of Federal Regulations is sold by the Superintendent of Documents. Examining the AD Docket DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2018–0965; Product Identifier 2018–NM–124–AD; Amendment 39–19617; AD 2019–07–06] 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 BD–100–1A10 airplanes. This AD was prompted by a report that certain split ball bearings used in main landing gear (MLG) side brace actuator assemblies are manufactured from material that does not meet the required material properties. This AD requires an inspection of the left and right MLG side brace actuator assemblies and, if necessary, replacement of the split ball bearings. We are issuing this AD to address the unsafe condition on these products. SUMMARY: jbell on DSK3GLQ082PROD with RULES DATES: This AD is effective May 28, 2019. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of May 28, 2019. ADDRESSES: For service information identified in this final rule, contact Bombardier, Inc., 200 Coˆte-Vertu Road West, Dorval, Que´bec H4S 2A3, Canada; North America toll-free telephone 1– 866–538–1247 or direct-dial telephone 1–514–855–2999; email ac.yul@ aero.bombardier.com; internet http:// www.bombardier.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For VerDate Sep<11>2014 16:20 Apr 22, 2019 Jkt 247001 You may examine the AD docket on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2018– 0965; 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 (phone: 800–647–5527) 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: Darren Gassetto, Aerospace Engineer, Mechanical Systems and Admin Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7323; fax 516–794–5531; email 9-avs-nyaco-cos@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We 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 BD–100–1A10 airplanes. The NPRM published in the Federal Register on November 29, 2018 (83 FR 61336). The NPRM was prompted by a report that certain split ball bearings used in MLG side brace actuator assemblies are manufactured from material that does not meet the required material properties. The NPRM proposed to require an inspection of the left and right MLG side brace actuator assemblies and, if necessary, replacement of the split ball bearings. We are issuing this AD to address the non-conforming split ball bearings, which, if not corrected, could result in potentially asymmetric MLG extension or retraction and consequent collapse of the MLG during landing. Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian AD PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 CF–2018–20, dated July 27, 2018 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Bombardier, Inc., Model BD–100–1A10 airplanes. The MCAI states: The landing gear supplier has informed Bombardier Aerospace about a quality escape involving Main Landing Gear (MLG) side brace actuators that have been assembled using non-conforming split ball bearings. The affected bearings are manufactured from material that does not meet the required material properties. If not corrected, this condition can result in potentially asymmetric MLG gear extension or retraction and subsequent gear collapse during landing. This [Canadian] AD mandates verification of the installed MLG side brace actuator assemblies and replacement of the affected parts. 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–2018– 0965. Comments We 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. Support for the NPRM One commenter, Andy Ingwersen, and Flexjet indicated support for the NPRM. Request for Records Check To Determine MLG Side Brace Actuator Assembly Serial Number as an Alternative Method of Compliance Flexjet requested that an additional means of verification be allowed for determining the serial number of the left and right MLG side brace actuator assembly part number 40310–103. Flexjet suggested that we add language to paragraph (g) of the proposed AD stating ‘‘A review of airplane maintenance records is acceptable in lieu of this inspection if the serial number can be conclusively determined from that review.’’ Flexjet justified this request by pointing out that similar language is used in other ADs. Flexjet explained that 20 MLG side brace actuator assembly serial numbers are affected by Bombardier Service Bulletin 100–32–30, dated December 18, 2017, and 217 MLG side brace actuator E:\FR\FM\23APR1.SGM 23APR1 16768 Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations assembly serial numbers are affected by Bombardier Service Bulletin 350–32– 006, dated December 18, 2017, and reasoned that a logbook review would save time and present less of a financial burden on operators. We agree with the commenter for the reasons provided. We have determined that a review of maintenance records is acceptable for complying with the actions specified in paragraph (g) of this AD, provided the serial number can be conclusively determined from that review. We have revised paragraph (g) of this AD accordingly. Request To Shorten Compliance Time One commenter, Ty Smith, made a request to change the compliance time to verify the MLG side brace actuator assembly serial number and perform applicable on-condition actions, and we infer from the request that the commenter wishes the compliance time to be shortened. The commenter asserted that a compliance time of 48 months leaves a large window of opportunity for the unsafe condition to potentially lead to a malfunction. The commenter conceded that a certain amount of time is needed to address the unsafe condition, but presumed that operators have the means to address the unsafe condition sooner than the 48 month compliance time allows. We agree to clarify. As noted in figure 1 to paragraphs (g) and (h) of this AD, the compliance time varies depending on the total number of flight cycles accumulated on an airplane, with 48 months being the longest possible compliance time. In consideration of the average utilization rate by the affected U.S. operators, the practical aspects of an orderly modification of the U.S. fleet during regular maintenance periods, and the availability of required modification parts, we have determined that the compliance times specified in figure 1 to paragraphs (g) and (h) of this AD are appropriate. We have not changed this AD in this regard. Conclusion We 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. We have 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. We 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, Inc., has issued Service Bulletin 100–32–30, dated December 18, 2017; and Service Bulletin 350–32–006, dated December 18, 2017. This service information describes procedures for inspecting the left and right MLG side brace actuator assemblies to verify the serial number and replace the split ball bearings. These documents are distinct since they apply to airplanes in different configurations. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance We estimate that this AD affects 468 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 1 work-hour × $85 per hour = $85 .............................................................................................. $0 $85 $39,780 We estimate the following costs to do any necessary on-condition actions that would be required based on the results of the required inspection. We have no way of determining the number of aircraft that might need these oncondition actions: ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Cost per product 8 work-hours × $85 per hour = $680 per airplane .................................................................................................. $1,820 $2,500 jbell on DSK3GLQ082PROD with RULES 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. We do not control warranty coverage for affected individuals. As a result, we have included all known costs in our 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 VerDate Sep<11>2014 16:20 Apr 22, 2019 Jkt 247001 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 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 products identified in this rulemaking action. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to E:\FR\FM\23APR1.SGM 23APR1 Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations Regulatory Findings jbell on DSK3GLQ082PROD with RULES 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. Adoption of the Amendment (e) Reason Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: This AD was prompted by a report that certain split ball bearings used in main landing gear (MLG) side brace actuator assemblies are manufactured from material that does not meet the required material properties. We are issuing this AD to address these non-conforming split ball bearings, which, if not corrected, can result in potentially asymmetric MLG extension or retraction and consequent collapse of the MLG during landing. 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2019–07–06 Bombardier, Inc.: Amendment 39–19617; Docket No. FAA–2018–0965; Product Identifier 2018–NM–124–AD. (a) Effective Date This AD is effective May 28, 2019. (b) Affected ADs None. List of Subjects in 14 CFR Part 39 (c) Applicability This AD applies to all Bombardier, Inc., Model BD–100–1A10 airplanes, certificated in any category, serial numbers 20003 through 20500 and 20501 through 20665 inclusive. Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. (d) Subject Air Transport Association (ATA) of America Code 32, Landing gear. (h) Replacement If, during the inspection specified in paragraph (g) of this AD, the serial number of the part installed is listed in table 1 of paragraph 2.B. of the Accomplishment Instructions of Bombardier Service Bulletin 100–32–30, dated December 18, 2017; or table 1 of paragraph 2.B. of the Accomplishment Instructions of Bombardier Service Bulletin 350–32–006, dated December 18, 2017; as applicable: at the applicable time specified in figure 1 to paragraphs (g) and (h) of this AD, replace the split ball bearing having P/N 104467672, in accordance with paragraph 2.C. of the Accomplishment Instructions of Bombardier Service Bulletin 100–32–30, dated December 18, 2017; or paragraph 2.C. of the Accomplishment Instructions of Bombardier Service Bulletin 350–32–006, dated December 18, 2017; as applicable. If the serial number of the installed part is not listed in table 1 of paragraph 2.B. of the Accomplishment Instructions of Bombardier Service Bulletin 100–32–30, dated December 18, 2017; or table 1 of paragraph 2.B. of the Accomplishment Instructions of Bombardier Service Bulletin 350–32–006, dated December 18, 2017; as applicable; no further action is required by this paragraph. VerDate Sep<11>2014 16:20 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection To Verify Serial Number At the applicable time specified in figure 1 to paragraphs (g) and (h) of this AD: Perform an inspection to verify the serial number of the left and right MLG side brace actuator assemblies having part number (P/N) 40310–103, in accordance with paragraphs 2.A. and 2.B. of the Accomplishment Instructions of Bombardier Service Bulletin 100–32–30, dated December 18, 2017; or perform an inspection to verify the serial number of the left and right MLG side brace actuator assemblies having P/N 2–8554–2, in accordance with paragraphs 2.A. and 2.B. of the Accomplishment Instructions of Bombardier Service Bulletin 350–32–006, dated December 18, 2017; as applicable. A review of airplane maintenance records is acceptable in lieu of this inspection if the serial number can be conclusively determined from that review. (i) Parts Installation Limitation As of the effective date of this AD, no person may install on any Bombardier, Inc., Model BD–100–1A10 airplane any MLG side brace actuator assembly having a serial number listed in table 1 of paragraph 2.B. of the Accomplishment Instructions of Bombardier Service Bulletin 100–32–30, dated December 18, 2017; or table 1 of paragraph 2.B. of the Accomplishment Instructions of Bombardier Service Bulletin 350–32–006, dated December 18, 2017; as applicable; unless the split ball bearing having P/N 104467672 has been previously replaced as specified in paragraph (h) of this AD. E:\FR\FM\23APR1.SGM 23APR1 ER23AP19.022</GPH> the Director of the System Oversight Division. 16769 jbell on DSK3GLQ082PROD with RULES 16770 Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.’s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (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. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian AD CF–2018–20, dated July 27, 2018, 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–2018–0965. (2) For more information about this AD, contact Darren Gassetto, Aerospace Engineer, Mechanical Systems and Admin Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7323; fax 516– 794–5531; email 9-avs-nyaco-cos@faa.gov. 49 CFR Part 199 (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Bombardier Service Bulletin 100–32–30, dated December 18, 2017. (ii) Bombardier Service Bulletin 350–32– 006, dated December 18, 2017. (3) For service information identified in this AD, contact Bombardier, Inc., 200 CoˆteVertu Road West, Dorval, Que´bec H4S 2A3, Canada; North America toll-free telephone 1– 866–538–1247 or direct-dial telephone 1– 514–855–2999; email ac.yul@ aero.bombardier.com; internet http:// www.bombardier.com. (4) You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. VerDate Sep<11>2014 16:20 Apr 22, 2019 Jkt 247001 Office of the Secretary of Transportation (OST), Federal Aviation Administration (FAA), Federal Transit Administration (FTA), and Pipeline and Hazardous Materials Safety Administration (PHMSA); U.S. Department of Transportation (DOT). ACTION: Final rule. previously covered drugs morphine, 6acetylmorphine, and codeine, by the more inclusive term ‘‘opioids,’’ rather than ‘‘opiates.’’ This rule amends the term in the FAA, FTA, and PHMSA regulations to ensure that all DOT drug testing rules are consistent with one another and with the Mandatory Guidelines for Federal Workplace Drug Testing Programs. In addition, this rule makes a conforming amendment to include the term ‘‘opioids’’ in the wording of the Department’s annual information collection requirement and clarifications to section 40.26 and Appendix H regarding the requirement for employers to follow the Department’s instructions for the annual information collection. DATES: This rule is effective on April 23, 2019. FOR FURTHER INFORMATION CONTACT: For OST, Patrice M. Kelly, Director, Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue SE, Washington, DC 20590 (telephone: 202–366–3784; email: ODAPCwebmail@ dot.gov). For FTA, for program issues, contact Iyon Rosario, Office of Transit Safety and Oversight (TSO), FTA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001 (telephone: 202–366–2010; email: Iyon.Rosario@dot.gov). For legal issues, contact Bruce Walker, Office of Chief Counsel (TCC), FTA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001 (telephone: 202–366–9109; email: Bruce.Walker@dot.gov). For FAA, Rafael Ramos, Office of Aerospace Medicine, Drug Abatement Division, AAM–800, FAA, 800 Independence Avenue SW, Washington, DC 20591 (telephone 202–267–8442; facsimile 202–267–5200; email: drugabatement@ faa.gov). For PHMSA, Wayne Lemoi, Drug and Alcohol Program Manager, PHMSA Office of Pipeline Safety (telephone 909–937–7232, email wayne.lemoi@dot.gov). SUPPLEMENTARY INFORMATION: This final rule makes minor technical corrections to the OST, FAA, FTA, and PHMSA regulations governing drug testing for safety-sensitive employees to ensure consistency with the recent amendments made to the Department of Transportation’s regulation, ‘‘Procedures for Transportation Workplace Drug and Alcohol Testing Programs,’’ which added requirements to test for oxycodone, oxymorphone, hydrocodone, and hydromorphone to DOT-regulated drug testing programs. The changes to the Department’s regulation make it necessary to refer to these substances, as well as the Background On January 23, 2017, the Department of Health and Human Services (HHS) published its final version of its Mandatory Guidelines for Federal Workplace Drug Testing Programs using Urine (HHS Mandatory Guidelines) (82 FR 7920). In that final rule, HHS added four semi-synthetic opioid substances (hydrocodone, hydromorphone, oxycodone, and oxymorphone) to the drugs for which laboratories test under the HHS Mandatory Guidelines. That rule became effective October 1, 2017. By statute, the Department of Transportation is required to follow the HHS Mandatory Guidelines for the Issued in Des Moines, Washington, on April 8, 2019. Michael J. Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–08095 Filed 4–22–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 120 Office of the Secretary of Transportation 49 CFR Parts 40 Pipeline and Hazardous Materials Safety Administration Federal Transit Administration 49 CFR Part 655 RIN 2105–AE78 Conforming Amendments and Technical Corrections to Department Rules Implementing the Transportation Industry Drug Testing Program AGENCY: SUMMARY: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.SGM 23APR1

Agencies

[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Rules and Regulations]
[Pages 16767-16770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08095]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules 
and Regulations

[[Page 16767]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0965; Product Identifier 2018-NM-124-AD; Amendment 
39-19617; AD 2019-07-06]
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 BD-100-1A10 airplanes. This AD was prompted by 
a report that certain split ball bearings used in main landing gear 
(MLG) side brace actuator assemblies are manufactured from material 
that does not meet the required material properties. This AD requires 
an inspection of the left and right MLG side brace actuator assemblies 
and, if necessary, replacement of the split ball bearings. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 28, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 28, 2019.

ADDRESSES: For service information identified in this final rule, 
contact Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-866-
538-1247 or direct-dial telephone 1-514-855-2999; email 
[email protected]; internet http://www.bombardier.com. You may 
view this service information at the FAA, Transport Standards Branch, 
2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. It is also 
available on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2018-0965.

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-2018-
0965; 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 (phone: 800-647-
5527) 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: Darren Gassetto, Aerospace Engineer, 
Mechanical Systems and Admin Services Section, FAA, New York ACO 
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
516-228-7323; fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We 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 BD-100-1A10 airplanes. The NPRM published in the Federal Register 
on November 29, 2018 (83 FR 61336). The NPRM was prompted by a report 
that certain split ball bearings used in MLG side brace actuator 
assemblies are manufactured from material that does not meet the 
required material properties. The NPRM proposed to require an 
inspection of the left and right MLG side brace actuator assemblies 
and, if necessary, replacement of the split ball bearings.
    We are issuing this AD to address the non-conforming split ball 
bearings, which, if not corrected, could result in potentially 
asymmetric MLG extension or retraction and consequent collapse of the 
MLG during landing.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2018-20, dated July 27, 
2018 (referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Bombardier, Inc., Model BD-100-1A10 airplanes. The MCAI states:

    The landing gear supplier has informed Bombardier Aerospace 
about a quality escape involving Main Landing Gear (MLG) side brace 
actuators that have been assembled using non-conforming split ball 
bearings. The affected bearings are manufactured from material that 
does not meet the required material properties. If not corrected, 
this condition can result in potentially asymmetric MLG gear 
extension or retraction and subsequent gear collapse during landing.
    This [Canadian] AD mandates verification of the installed MLG 
side brace actuator assemblies and replacement of the affected 
parts.

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-2018-
0965.

Comments

    We 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.

Support for the NPRM

    One commenter, Andy Ingwersen, and Flexjet indicated support for 
the NPRM.

Request for Records Check To Determine MLG Side Brace Actuator Assembly 
Serial Number as an Alternative Method of Compliance

    Flexjet requested that an additional means of verification be 
allowed for determining the serial number of the left and right MLG 
side brace actuator assembly part number 40310-103. Flexjet suggested 
that we add language to paragraph (g) of the proposed AD stating ``A 
review of airplane maintenance records is acceptable in lieu of this 
inspection if the serial number can be conclusively determined from 
that review.'' Flexjet justified this request by pointing out that 
similar language is used in other ADs. Flexjet explained that 20 MLG 
side brace actuator assembly serial numbers are affected by Bombardier 
Service Bulletin 100-32-30, dated December 18, 2017, and 217 MLG side 
brace actuator

[[Page 16768]]

assembly serial numbers are affected by Bombardier Service Bulletin 
350-32-006, dated December 18, 2017, and reasoned that a logbook review 
would save time and present less of a financial burden on operators.
    We agree with the commenter for the reasons provided. We have 
determined that a review of maintenance records is acceptable for 
complying with the actions specified in paragraph (g) of this AD, 
provided the serial number can be conclusively determined from that 
review. We have revised paragraph (g) of this AD accordingly.

Request To Shorten Compliance Time

    One commenter, Ty Smith, made a request to change the compliance 
time to verify the MLG side brace actuator assembly serial number and 
perform applicable on-condition actions, and we infer from the request 
that the commenter wishes the compliance time to be shortened. The 
commenter asserted that a compliance time of 48 months leaves a large 
window of opportunity for the unsafe condition to potentially lead to a 
malfunction. The commenter conceded that a certain amount of time is 
needed to address the unsafe condition, but presumed that operators 
have the means to address the unsafe condition sooner than the 48 month 
compliance time allows.
    We agree to clarify. As noted in figure 1 to paragraphs (g) and (h) 
of this AD, the compliance time varies depending on the total number of 
flight cycles accumulated on an airplane, with 48 months being the 
longest possible compliance time. In consideration of the average 
utilization rate by the affected U.S. operators, the practical aspects 
of an orderly modification of the U.S. fleet during regular maintenance 
periods, and the availability of required modification parts, we have 
determined that the compliance times specified in figure 1 to 
paragraphs (g) and (h) of this AD are appropriate. We have not changed 
this AD in this regard.

Conclusion

    We 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. We have 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.
    We 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, Inc., has issued Service Bulletin 100-32-30, dated 
December 18, 2017; and Service Bulletin 350-32-006, dated December 18, 
2017. This service information describes procedures for inspecting the 
left and right MLG side brace actuator assemblies to verify the serial 
number and replace the split ball bearings. These documents are 
distinct since they apply to airplanes in different configurations. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 468 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $39,780
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition 
actions that would be required based on the results of the required 
inspection. We have no way of determining the number of aircraft that 
might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
8 work-hours x $85 per hour = $680 per          $1,820           $2,500
 airplane.............................
------------------------------------------------------------------------

    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. We do not control warranty coverage for affected 
individuals. As a result, we have included all known costs in our 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.
    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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to

[[Page 16769]]

the Director of the System Oversight Division.

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) 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):

2019-07-06 Bombardier, Inc.: Amendment 39-19617; Docket No. FAA-
2018-0965; Product Identifier 2018-NM-124-AD.

(a) Effective Date

    This AD is effective May 28, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, serial numbers 20003 
through 20500 and 20501 through 20665 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that certain split ball 
bearings used in main landing gear (MLG) side brace actuator 
assemblies are manufactured from material that does not meet the 
required material properties. We are issuing this AD to address 
these non-conforming split ball bearings, which, if not corrected, 
can result in potentially asymmetric MLG extension or retraction and 
consequent collapse of the MLG during landing.

(f) Compliance

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

(g) Inspection To Verify Serial Number

    At the applicable time specified in figure 1 to paragraphs (g) 
and (h) of this AD: Perform an inspection to verify the serial 
number of the left and right MLG side brace actuator assemblies 
having part number (P/N) 40310-103, in accordance with paragraphs 
2.A. and 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 100-32-30, dated December 18, 2017; or perform an 
inspection to verify the serial number of the left and right MLG 
side brace actuator assemblies having P/N 2-8554-2, in accordance 
with paragraphs 2.A. and 2.B. of the Accomplishment Instructions of 
Bombardier Service Bulletin 350-32-006, dated December 18, 2017; as 
applicable. A review of airplane maintenance records is acceptable 
in lieu of this inspection if the serial number can be conclusively 
determined from that review.
[GRAPHIC] [TIFF OMITTED] TR23AP19.022

(h) Replacement

    If, during the inspection specified in paragraph (g) of this AD, 
the serial number of the part installed is listed in table 1 of 
paragraph 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 100-32-30, dated December 18, 2017; or table 1 of 
paragraph 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 350-32-006, dated December 18, 2017; as applicable: 
at the applicable time specified in figure 1 to paragraphs (g) and 
(h) of this AD, replace the split ball bearing having P/N 104467672, 
in accordance with paragraph 2.C. of the Accomplishment Instructions 
of Bombardier Service Bulletin 100-32-30, dated December 18, 2017; 
or paragraph 2.C. of the Accomplishment Instructions of Bombardier 
Service Bulletin 350-32-006, dated December 18, 2017; as applicable. 
If the serial number of the installed part is not listed in table 1 
of paragraph 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 100-32-30, dated December 18, 2017; or table 1 of 
paragraph 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 350-32-006, dated December 18, 2017; as applicable; 
no further action is required by this paragraph.

(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install on 
any Bombardier, Inc., Model BD-100-1A10 airplane any MLG side brace 
actuator assembly having a serial number listed in table 1 of 
paragraph 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 100-32-30, dated December 18, 2017; or table 1 of 
paragraph 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 350-32-006, dated December 18, 2017; as applicable; 
unless the split ball bearing having P/N 104467672 has been 
previously replaced as specified in paragraph (h) of this AD.

[[Page 16770]]

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO Branch, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. In 
accordance with 14 CFR 39.19, send your request to your principal 
inspector or local Flight Standards District Office, as appropriate. 
If sending information directly to the manager of the certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before 
using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, New York ACO 
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If 
approved by the DAO, the approval must include the DAO-authorized 
signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2018-20, dated July 27, 2018, 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-2018-0965.
    (2) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, Mechanical Systems and Admin Services Section, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone 516-228-7323; fax 516-794-5531; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 100-32-30, dated December 18, 
2017.
    (ii) Bombardier Service Bulletin 350-32-006, dated December 18, 
2017.
    (3) For service information identified in this AD, contact 
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email 
[email protected]; internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on April 8, 2019.
Michael J. Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-08095 Filed 4-22-19; 8:45 am]
BILLING CODE 4910-13-P