Airworthiness Directives; Bombardier, Inc., Airplanes, 7857-7860 [2020-02718]
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Federal Register / Vol. 85, No. 29 / Wednesday, February 12, 2020 / Rules and Regulations
§ 204.10
Payment of interest on balances.
For service information
identified in this final rule, contact
Bombardier, Inc., 400 Coˆte-Vertu Road
West, Dorval, Que´bec H4S 1Y9, Canada;
Widebody Customer Response Center
North America toll-free telephone 1–
TABLE 1 TO PARAGRAPH (b)(5)
866–538–1247 or direct-dial telephone
Rate
1–514–855–2999; fax 514–855–7401;
(percent)
email ac.yul@aero.bombardier.com;
internet https://www.bombardier.com.
IORR .....................................
1.60
You may view this referenced service
IOER .....................................
1.60
information at the FAA, Transport
Standards Branch, 2200 South 216th St.,
*
*
*
*
*
Des Moines, WA. For information on the
By order of the Board of Governors of the
availability of this material at the FAA,
Federal Reserve System, January 30, 2020.
call 206–231–3195. It is also available
Ann Misback,
on the internet at https://
Secretary of the Board.
www.regulations.gov by searching for
[FR Doc. 2020–02119 Filed 2–11–20; 8:45 am]
and locating Docket No. FAA–2019–
BILLING CODE 6210–01–P
0720.
*
ADDRESSES:
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(b) * * *
(5) The rates for IORR and IOER are:
Examining the AD Docket
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0720; Product
Identifier 2019–NM–117–AD; Amendment
39–19831; AD 2020–02–19]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2003–09–
04 R1, which applied to certain
Bombardier, Inc., Model CL–600–2B19
(Regional Jet series 100 & 440) airplanes.
AD 2003–09–04 R1 required revising the
airworthiness limitations for certain
structural inspections; repair if
necessary; and submission of inspection
findings to the airplane manufacturer.
This AD revises the applicability to
include additional airplanes; revises
certain compliance times; and requires
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. This AD was
prompted by a report of fatigue cracks
occurring on the pressure floor skin at
fuselage stations (FS) 460 and 513. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective March 18,
2020.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of March 18, 2020.
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SUMMARY:
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You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0720; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Andrea Jimenez, Aerospace Engineer,
Airframe and Mechanical Systems
Section, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–
228–7330; fax 516–794–5531; email
9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian AD
CF–2002–39R2, dated August 15, 2019
(also referred to as the Mandatory
Continuing Airworthiness Information,
or ‘‘the MCAI’’), to correct an unsafe
condition for certain Bombardier, Inc.,
Model CL–600–2B19 (Regional Jet series
100 & 440) airplanes. You may examine
the MCAI in the AD docket on the
internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2019–0720.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2003–09–04 R1,
Amendment 39–13305 (68 FR 54985,
September 22, 2003) (‘‘AD 2003–09–04
PO 00000
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Fmt 4700
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7857
R1’’). AD 2003–09–04 R1 applied to
certain Bombardier, Inc., Model CL–
600–2B19 (Regional Jet series 100 & 440)
airplanes. The NPRM published in the
Federal Register on October 30, 2019
(84 FR 58062). The NPRM was
prompted by a report of fatigue cracks
occurring on the pressure floor skin at
FS 460 and 513. The NPRM proposed to
revise the applicability to include
additional airplanes; revise certain
compliance times; and require revising
the existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. The FAA is issuing this AD
to address fatigue cracks, which could
result in failure of the pressure floor
skin and consequent rapid
decompression of the airplane during
flight. See the MCAI for additional
background information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comment received on the NPRM and
the FAA’s response to each comment.
Request To Revise Certain Language
SkyWest Airlines requested that the
FAA revise certain language in the
proposed AD. SkyWest Airlines
suggested that the wording in paragraph
(i)(2) of the proposed AD be revised to
more closely match the wording in
paragraph (c)(2) of AD 2003–09–04 R1.
SkyWest Airlines noted that paragraph
(i)(2) of the proposed AD states that new
airworthiness limitations and inspection
requirements are to be inserted into a
Bombardier Temporary Revision, but
Temporary Revisions are issued and
controlled by Bombardier. SkyWest
Airlines stated that it appears that the
intent of paragraph (i)(2) of the
proposed AD is to track the additional
airworthiness limitations and inspection
requirements introduced by the repair
described in paragraph (i)(1) of the
proposed AD.
The FAA agrees to clarify. The FAA
has revised paragraph (i) of this AD to
clarify that operators must comply with
any repair instructions, including any
new airworthiness limitations and
inspection requirements, approved by
the FAA, TCCA, or Bombardier, Inc.’s
TCCA Design Approval Organization
(DAO). As part of this clarification, the
FAA revised the content that was in
paragraph (i)(2) of the proposed AD,
combined the content of paragraph (i)(1)
with the revised content of paragraph
(i)(2), and moved that combined content
into paragraph (i) of this AD
(eliminating paragraphs (i)(1) and (2) of
the proposed AD).
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Federal Register / Vol. 85, No. 29 / Wednesday, February 12, 2020 / Rules and Regulations
Conclusion
The FAA reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting this
final rule with the change described
previously and minor editorial changes.
The FAA has determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
The FAA also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
Related Service Information Under 1
CFR Part 51
Bombardier has issued Bombardier
CL–600–2B19 Temporary Revision 2B–
2265, dated July 19, 2018, to Appendix
B—Airworthiness Limitations, of Part 2
of the Bombardier Maintenance
Requirements Manual; and Bombardier
CL–600–2B19 Temporary Revision 2B–
2266, dated July 19, 2018, to Appendix
B—Airworthiness Limitations, of Part 2
of the Bombardier Maintenance
Requirements Manual. These temporary
revisions describe airworthiness
limitations for inspections of the
pressure floor skin. These documents
are distinct since they describe different
airworthiness limitations.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
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Costs of Compliance
The FAA estimates that this AD
would affect 37 airplanes of U.S.
registry.
The FAA has determined that revising
the maintenance or inspection program
takes an average of 90 work-hours per
operator, although the agency
recognizes that this number may vary
from operator to operator. In the past,
the agency has estimated that this action
takes 1 work-hour per airplane. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate. Therefore, the agency
estimates the average total cost per
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operator to be $7,650 (90 work-hours ×
$85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: ‘‘General requirements.’’ Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this AD
will not have federalism implications
under Executive Order 13132. This AD
will not have a substantial direct effect
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
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Fmt 4700
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Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2003–09–04 R1, Amendment 39–13305
(68 FR 54985, September 22, 2003), and
adding the following new AD:
■
2020–02–19 Bombardier, Inc.: Amendment
39–19831; Docket No. FAA–2019–0720;
Product Identifier 2019–NM–117–AD.
(a) Effective Date
This AD is effective March 18, 2020.
(b) Affected ADs
This AD replaces AD 2003–09–04 R1,
Amendment 39–13305 (68 FR 54985,
September 22, 2003) (‘‘AD 2003–09–04 R1’’).
(c) Applicability
This AD applies to Bombardier, Inc.,
Model CL–600–2B19 (Regional Jet series 100
& 440) airplanes, certificated in any category,
serial numbers 7003 through 8999 inclusive.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report of
fatigue cracks occurring on the pressure floor
skin at fuselage stations (FS) 460 and 513.
The FAA is issuing this AD to address such
fatigue cracks, which could result in failure
of the pressure floor skin and consequent
rapid decompression of the airplane during
flight.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Maintenance Program Revision for Serial
Numbers 7003 through 8079
For airplane serial numbers 7003 through
8079 inclusive: Within 30 days from the
effective date this AD, revise the existing
maintenance or inspection program, as
applicable, by incorporating the information
specified in Airworthiness Limitations
(AWL) task number 53–41–149 specified in
Bombardier CL–600–2B19 Airworthiness
Requirements Temporary Revision 2B–2265,
dated July 19, 2018, to Appendix B—
Airworthiness Limitations, of Part 2 of the
Bombardier Maintenance Requirements
Manual.
(1) The initial compliance time for doing
the task is at the time specified in figure 1
to paragraph (g)(1) of this AD, or within 90
days after the effective date of this AD,
whichever occurs later.
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Federal Register / Vol. 85, No. 29 / Wednesday, February 12, 2020 / Rules and Regulations
7859
Figure 1 to paragraph (g)(l) - Initial Inspection Phase-In
Total Flight Cycles (FC)
Accumulated as of October 7, 2003
(the effective date of AD 2003-09-04
Rl)
8,000 FC or less
Prior to exceeding 10,000 total FC
More than 8,000 FC but less than
10,000 FC
Within 2,000 FC from October 7, 2003
(the effective date of FAA AD
2003-09-04 Rl)
10,000 FC or more but less than 15,000
FC
Within 1,500 FC from October 7, 2003
(the effective date of FAA AD
2003-09-04 Rl)
15,000 FC or more but less than 17,325
FC
Within 1,000 FC from the effective date
of October 7, 2003 (the effective date of
FAA AD 2003-09-04 Rl)
17,325 FC or more but less than 18,325
FC
Prior to exceeding 18,325 total FC
Not required if the initial inspection has
already been performed in accordance
with AWL Task number 53-41-149
(2) For airplanes on which Bombardier
Service Bulletin 601R–53–067, Bombardier
Service Bulletin 601R–53–077, and AWL task
number 53–41–194 have been done, the
inspections in AWL task number 53–41–149
are not required in the areas covered by
doublers at FS460 and FS513.
(3) For airplanes on which the initial
inspection has been accomplished at 18,325
or more total flight cycles, and no cracks
were found, as of October 7, 2003 (the
effective date of AD 2003–09–04), the
repetitive interval of 10,000 flight cycles
starts from the completion date of the initial
inspection.
(4) For airplanes that were previously
inspected using AWL task number 53–41–
193, perform an inspection using the
information specified in AWL task number
53–41–149, provided in Bombardier CL–600–
2B19 Airworthiness Requirements
Temporary Revision 2B–2265, dated July 19,
2018, to Appendix B—Airworthiness
Limitations, of Part 2 of the Bombardier
Maintenance Requirements Manual, within
10,000 flight cycles from the previously
accomplished inspection.
2B19 Airworthiness Limitations Temporary
Revision 2B–2266, dated July 19, 2018, to
Appendix B—Airworthiness Limitations, of
Part 2 of the Bombardier Maintenance
Requirements Manual. Except as specified in
paragraph (h)(2) of this AD, the initial
compliance time for doing the task is at the
time specified in Bombardier CL–600–2B19
Airworthiness Requirements Temporary
Revision 2B–2266, dated July 19, 2018, to
Appendix B—Airworthiness Limitations, of
Part 2 of the Bombardier Maintenance
Requirements Manual, or within 90 days
after the effective date of this AD, whichever
occurs later.
(2) For airplanes that were previously
inspected using AWL task number 53–41–
149, perform an inspection by incorporating
the information specified in AWL task
number 53–41–193, provided in Bombardier
CL–600–2B19 Airworthiness Requirements
Temporary Revision 2B–2265, dated July 19,
2018, to Appendix B—Airworthiness
Limitations, of Part 2 of the Bombardier
Maintenance Requirements Manual, within
10,000 flight cycles from the previously
accomplished inspection.
(h) Maintenance Program Revision for Serial
Numbers 8080 through 8999
(1) For airplane serial numbers 8080
through 8999 inclusive: Within 30 days from
the effective date of this AD, revise the
existing maintenance or inspection program,
as applicable, by incorporating the
information specified in AWL task number
53–41–193 specified in Bombardier CL–600–
(i) Corrective Actions
If any crack is found during any inspection
required by this AD, before further flight,
repair using a method approved by the
Manager, New York ACO Branch, FAA; or
Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.’s TCCA Design Approval
Organization (DAO), and accomplish any
repair instructions, including any new
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airworthiness limitations and inspection
requirements accordingly. If approved by the
DAO, the approval must include the DAOauthorized signature.
(j) No Alternative Actions or Intervals
After the maintenance or inspection
program has been revised as required by
paragraphs (g), (h), and (i) of this AD, as
applicable, no alternative actions (e.g.,
inspections) or intervals may be used unless
the actions or intervals are approved as an
AMOC in accordance with the procedures
specified in paragraph (k)(1) of this AD.
(k) Other FAA AD Provisions
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; fax 516–794–5531.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
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18,325 FC or more
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Compliance Schedule for Initial
Inspection
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Federal Register / Vol. 85, No. 29 / Wednesday, February 12, 2020 / Rules and Regulations
(ii) AMOCs approved previously for AD
2003–09–04 R1 are approved as AMOCs for
the corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or TCCA; or Bombardier, Inc.’s TCCA
DAO. If approved by the DAO, the approval
must include the DAO-authorized signature.
Issued on January 27, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
(l) Related Information
Federal Aviation Administration
440–6700; internet https://
www.dassaultfalcon.com. You may
view this referenced service information
at the FAA, Transport Standards
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. It is also available
on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0700.
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
AD CF–2002–39R2, dated August 15, 2019,
for related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2019–0720.
(2) For more information about this AD,
contact Andrea Jimenez, Aerospace Engineer,
Airframe and Mechanical Systems Section,
FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590;
telephone 516–228–7330; fax 516–794–5531;
email 9-avs-nyaco-cos@faa.gov.
14 CFR Part 39
Examining the AD Docket
[Docket No. FAA–2019–0700; Product
Identifier 2019–NM–105–AD; Amendment
39–19833; AD 2020–02–21]
(m) Material Incorporated by Reference
SUMMARY:
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0700; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3226; email
tom.rodriguez@faa.gov.
SUPPLEMENTARY INFORMATION:
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Bombardier CL–600–2B19 Maintenance
Requirements Temporary Revision 2B–2265,
dated July 19, 2018, to Appendix B—
Airworthiness Limitations, of Part 2 of the
Bombardier Maintenance Requirements
Manual.
(ii) Bombardier CL–600–2B19 Maintenance
Requirements Temporary Revision 2B–2266,
dated July 19, 2018, to Appendix B—
Airworthiness Limitations, of Part 2 of the
Bombardier Maintenance Requirements
Manual.
(3) For service information identified in
this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que´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
https://www.bombardier.com.
(4) You may view this service information
at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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[FR Doc. 2020–02718 Filed 2–11–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2018–19–
25 and AD 2014–03–12, which applied
to all Dassault Aviation Model FALCON
2000 airplanes. Those ADs required
revising the existing maintenance or
inspection program, as applicable, to
incorporate new maintenance
requirements and airworthiness
limitations. Since the FAA issued AD
2018–19–25, the FAA has determined
that new or more restrictive
airworthiness limitations are necessary.
This AD continues to require those
maintenance or inspection program
revisions, and also requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. This AD was prompted by
a determination that new or more
restrictive airworthiness limitations are
necessary. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective March 18,
2020.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of March 18, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of November 2, 2018 (83 FR
48924, September 28, 2018).
ADDRESSES: For service information
identified in this final rule, contact
Dassault Falcon Jet Corporation,
Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone 201–
PO 00000
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Discussion
The European Union Aviation Safety
Agency (EASA), which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0131, dated June 11, 2019 (‘‘EASA
AD 2019–0131’’) (also referred to as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Dassault
Aviation Model FALCON 2000
airplanes. You may examine the MCAI
in the AD docket on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–0700.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2018–19–25,
Amendment 39–19426 (83 FR 48924,
September 28, 2018) (‘‘AD 2018–19–
25’’) and AD 2014–03–12, Amendment
39–17749 (79 FR 11693, March 3, 2014)
(‘‘AD 2014–03–12’’). AD 2018–19–25
applied to all Dassault Aviation Model
FALCON 2000 airplanes. The NPRM
published in the Federal Register on
September 25, 2019 (84 FR 50336). The
NPRM resulted from a determination
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]]>Agencies
[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Rules and Regulations]
[Pages 7857-7860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02718]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0720; Product Identifier 2019-NM-117-AD; Amendment
39-19831; AD 2020-02-19]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2003-09-04
R1, which applied to certain Bombardier, Inc., Model CL-600-2B19
(Regional Jet series 100 & 440) airplanes. AD 2003-09-04 R1 required
revising the airworthiness limitations for certain structural
inspections; repair if necessary; and submission of inspection findings
to the airplane manufacturer. This AD revises the applicability to
include additional airplanes; revises certain compliance times; and
requires revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. This AD was prompted by a report of fatigue cracks
occurring on the pressure floor skin at fuselage stations (FS) 460 and
513. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective March 18, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 18,
2020.
ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax 514-855-7401; email [email protected];
internet https://www.bombardier.com. You may view this referenced
service information at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0720.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0720; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7330;
fax 516-794-5531; email [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2002-39R2, dated August
15, 2019 (also referred to as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet series 100 &
440) airplanes. You may examine the MCAI in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0720.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2003-09-04 R1, Amendment 39-13305 (68 FR
54985, September 22, 2003) (``AD 2003-09-04 R1''). AD 2003-09-04 R1
applied to certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet
series 100 & 440) airplanes. The NPRM published in the Federal Register
on October 30, 2019 (84 FR 58062). The NPRM was prompted by a report of
fatigue cracks occurring on the pressure floor skin at FS 460 and 513.
The NPRM proposed to revise the applicability to include additional
airplanes; revise certain compliance times; and require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. The FAA
is issuing this AD to address fatigue cracks, which could result in
failure of the pressure floor skin and consequent rapid decompression
of the airplane during flight. See the MCAI for additional background
information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to each comment.
Request To Revise Certain Language
SkyWest Airlines requested that the FAA revise certain language in
the proposed AD. SkyWest Airlines suggested that the wording in
paragraph (i)(2) of the proposed AD be revised to more closely match
the wording in paragraph (c)(2) of AD 2003-09-04 R1. SkyWest Airlines
noted that paragraph (i)(2) of the proposed AD states that new
airworthiness limitations and inspection requirements are to be
inserted into a Bombardier Temporary Revision, but Temporary Revisions
are issued and controlled by Bombardier. SkyWest Airlines stated that
it appears that the intent of paragraph (i)(2) of the proposed AD is to
track the additional airworthiness limitations and inspection
requirements introduced by the repair described in paragraph (i)(1) of
the proposed AD.
The FAA agrees to clarify. The FAA has revised paragraph (i) of
this AD to clarify that operators must comply with any repair
instructions, including any new airworthiness limitations and
inspection requirements, approved by the FAA, TCCA, or Bombardier,
Inc.'s TCCA Design Approval Organization (DAO). As part of this
clarification, the FAA revised the content that was in paragraph (i)(2)
of the proposed AD, combined the content of paragraph (i)(1) with the
revised content of paragraph (i)(2), and moved that combined content
into paragraph (i) of this AD (eliminating paragraphs (i)(1) and (2) of
the proposed AD).
[[Page 7858]]
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
Bombardier has issued Bombardier CL-600-2B19 Temporary Revision 2B-
2265, dated July 19, 2018, to Appendix B--Airworthiness Limitations, of
Part 2 of the Bombardier Maintenance Requirements Manual; and
Bombardier CL-600-2B19 Temporary Revision 2B-2266, dated July 19, 2018,
to Appendix B--Airworthiness Limitations, of Part 2 of the Bombardier
Maintenance Requirements Manual. These temporary revisions describe
airworthiness limitations for inspections of the pressure floor skin.
These documents are distinct since they describe different
airworthiness limitations.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD would affect 37 airplanes of U.S.
registry.
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
In the past, the agency has estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the agency estimates the average total
cost per operator to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2003-09-04 R1, Amendment 39-13305 (68 FR 54985, September 22, 2003),
and adding the following new AD:
2020-02-19 Bombardier, Inc.: Amendment 39-19831; Docket No. FAA-
2019-0720; Product Identifier 2019-NM-117-AD.
(a) Effective Date
This AD is effective March 18, 2020.
(b) Affected ADs
This AD replaces AD 2003-09-04 R1, Amendment 39-13305 (68 FR
54985, September 22, 2003) (``AD 2003-09-04 R1'').
(c) Applicability
This AD applies to Bombardier, Inc., Model CL-600-2B19 (Regional
Jet series 100 & 440) airplanes, certificated in any category,
serial numbers 7003 through 8999 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report of fatigue cracks occurring on
the pressure floor skin at fuselage stations (FS) 460 and 513. The
FAA is issuing this AD to address such fatigue cracks, which could
result in failure of the pressure floor skin and consequent rapid
decompression of the airplane during flight.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance Program Revision for Serial Numbers 7003 through 8079
For airplane serial numbers 7003 through 8079 inclusive: Within
30 days from the effective date this AD, revise the existing
maintenance or inspection program, as applicable, by incorporating
the information specified in Airworthiness Limitations (AWL) task
number 53-41-149 specified in Bombardier CL-600-2B19 Airworthiness
Requirements Temporary Revision 2B-2265, dated July 19, 2018, to
Appendix B--Airworthiness Limitations, of Part 2 of the Bombardier
Maintenance Requirements Manual.
(1) The initial compliance time for doing the task is at the
time specified in figure 1 to paragraph (g)(1) of this AD, or within
90 days after the effective date of this AD, whichever occurs later.
[[Page 7859]]
[GRAPHIC] [TIFF OMITTED] TR12FE20.000
(2) For airplanes on which Bombardier Service Bulletin 601R-53-
067, Bombardier Service Bulletin 601R-53-077, and AWL task number
53-41-194 have been done, the inspections in AWL task number 53-41-
149 are not required in the areas covered by doublers at FS460 and
FS513.
(3) For airplanes on which the initial inspection has been
accomplished at 18,325 or more total flight cycles, and no cracks
were found, as of October 7, 2003 (the effective date of AD 2003-09-
04), the repetitive interval of 10,000 flight cycles starts from the
completion date of the initial inspection.
(4) For airplanes that were previously inspected using AWL task
number 53-41-193, perform an inspection using the information
specified in AWL task number 53-41-149, provided in Bombardier CL-
600-2B19 Airworthiness Requirements Temporary Revision 2B-2265,
dated July 19, 2018, to Appendix B--Airworthiness Limitations, of
Part 2 of the Bombardier Maintenance Requirements Manual, within
10,000 flight cycles from the previously accomplished inspection.
(h) Maintenance Program Revision for Serial Numbers 8080 through 8999
(1) For airplane serial numbers 8080 through 8999 inclusive:
Within 30 days from the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, by
incorporating the information specified in AWL task number 53-41-193
specified in Bombardier CL-600-2B19 Airworthiness Limitations
Temporary Revision 2B-2266, dated July 19, 2018, to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier Maintenance
Requirements Manual. Except as specified in paragraph (h)(2) of this
AD, the initial compliance time for doing the task is at the time
specified in Bombardier CL-600-2B19 Airworthiness Requirements
Temporary Revision 2B-2266, dated July 19, 2018, to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier Maintenance
Requirements Manual, or within 90 days after the effective date of
this AD, whichever occurs later.
(2) For airplanes that were previously inspected using AWL task
number 53-41-149, perform an inspection by incorporating the
information specified in AWL task number 53-41-193, provided in
Bombardier CL-600-2B19 Airworthiness Requirements Temporary Revision
2B-2265, dated July 19, 2018, to Appendix B--Airworthiness
Limitations, of Part 2 of the Bombardier Maintenance Requirements
Manual, within 10,000 flight cycles from the previously accomplished
inspection.
(i) Corrective Actions
If any crack is found during any inspection required by this AD,
before further flight, repair using a method approved by the
Manager, New York ACO Branch, FAA; or Transport Canada Civil
Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval
Organization (DAO), and accomplish any repair instructions,
including any new airworthiness limitations and inspection
requirements accordingly. If approved by the DAO, the approval must
include the DAO-authorized signature.
(j) No Alternative Actions or Intervals
After the maintenance or inspection program has been revised as
required by paragraphs (g), (h), and (i) of this AD, as applicable,
no alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an AMOC in
accordance with the procedures specified in paragraph (k)(1) of this
AD.
(k) Other FAA AD Provisions
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531.
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
[[Page 7860]]
(ii) AMOCs approved previously for AD 2003-09-04 R1 are approved
as AMOCs for the corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by
the DAO, the approval must include the DAO-authorized signature.
(l) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2002-39R2, dated August 15, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0720.
(2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7330; fax 516-794-5531; email [email protected].
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Bombardier CL-600-2B19 Maintenance Requirements Temporary
Revision 2B-2265, dated July 19, 2018, to Appendix B--Airworthiness
Limitations, of Part 2 of the Bombardier Maintenance Requirements
Manual.
(ii) Bombardier CL-600-2B19 Maintenance Requirements Temporary
Revision 2B-2266, dated July 19, 2018, to Appendix B--Airworthiness
Limitations, of Part 2 of the Bombardier Maintenance Requirements
Manual.
(3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax 514-855-7401; email
[email protected]; internet https://www.bombardier.com.
(4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on January 27, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-02718 Filed 2-11-20; 8:45 am]
BILLING CODE 4910-13-P
