Airworthiness Directives; Bombardier, Inc., Airplanes, 47635-47638 [2020-17124]
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47635
Rules and Regulations
Federal Register
Vol. 85, No. 152
Thursday, August 6, 2020
DEPARTMENT OF TRANSPORTATION
internet https://www.bombardier.com.
You may view this service information
at the FAA, Airworthiness Products
Section, Operational Safety Branch,
2200 South 216th St., Des Moines, WA.
For information on the availability of
this material at the FAA, call 206–231–
3195. It is also available on the internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–0987.
Federal Aviation Administration
Examining the AD Docket
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.
14 CFR Part 39
[Docket No. FAA–2019–0987; Product
Identifier 2019–NM–144–AD; Amendment
39–19922; AD 2020–12–13]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Bombardier, Inc., Model CL–600–2B19
(Regional Jet Series 100 & 440)
airplanes. This AD was prompted by
reports that during airplane wing fatigue
testing, fatigue cracks were found on the
lower right-hand-side wing plank at the
end of the integrally machined stringers,
which led to a determination that new
or more restrictive airworthiness
limitations are necessary. This AD
requires, for certain airplanes, revising
the existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective September
10, 2020.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of September 10, 2020.
ADDRESSES: For service information
identified in this final rule, contact
Bombardier, Inc., 400 Coˆte-Vertu 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;
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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–
0987; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
any comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Aziz
Ahmed, Aerospace Engineer, Airframe
and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;
telephone 516–228–7329; fax 516–794–
5531; email 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–2019–21, dated May 15, 2019 (also
referred to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Bombardier, Inc., Model CL–
600–2B19 (Regional Jet Series 100 &
440) airplanes. You may examine the
MCAI in the AD docket on the internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–0987.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Bombardier, Inc., Model
CL–600–2B19 (Regional Jet Series 100 &
440) airplanes. The NPRM published in
the Federal Register on December 27,
2019 (84 FR 71335). The NPRM was
prompted by reports that during
airplane wing fatigue testing, fatigue
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cracks were found on the lower righthand-side wing plank at the end of the
integrally machined stringers, which led
to a determination that new or more
restrictive airworthiness limitations are
necessary. The NPRM proposed to
require, for certain airplanes, revising
the existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. The FAA is issuing this AD
to address undetected cracks on the
lower wing plank at the stringer run-out,
which could affect the structural
integrity of the wing. See the MCAI for
additional background information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
Request To Clarify Affected AD
Air Wisconsin Airlines stated that
paragraph (b) of the proposed AD
specifies the affected ADs as ‘‘None,’’
and that although AD 2016–17–15,
Amendment 39–18628 (81 FR 59839,
August 31, 2016) (‘‘AD 2016–17–15’’),
may not be affected by the NPRM, it is
associated with it. The FAA infers that
Air Wisconsin Airlines is requesting
clarification of AD 2016–17–15 as an
affected AD and if it should be cited in
paragraph (b) of the proposed AD.
The FAA agrees to clarify. The FAA
acknowledges this AD affects AD 2016–
17–15. ADs that are superseded or are
terminated (or partially terminated) by
an AD are listed in paragraph (b) of that
AD. The FAA has added paragraph (j) to
the AD to specify that accomplishing
the revision required by paragraph (g) of
this AD terminates the requirement to
incorporate airworthiness limitations
(AWL) task 57–21–112 in Part 6—Eddy
Current, of Canadair Regional Jet CRJ200
Nondestructive Testing Manual, CSP A–
010, Revision 40, dated November 10,
2018 (‘‘AWL task 57–21–112’’), as
specified in paragraph (g)(12) of AD
2016–17–15. The FAA has also added
AD 2016–17–15 to paragraph (b) of this
AD.
Request To Revise a Certain Service
Information Citation
Bombardier requested that the FAA
revise the service information citation in
paragraph (g) of the proposed AD for the
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initial compliance time for AWL task
57–21–112. Bombardier stated that the
maintenance review manual specifies
the inspection intervals and not the
nondestructive testing manual specified
in paragraph (g) of the proposed AD.
The FAA agrees with the commenter
for the reason provided by the
commenter. The FAA has revised
paragraph (g) of this AD to state that the
initial compliance time for doing the
task is at the at the next scheduled
inspection as specified in AWL task 57–
21–112, or within 30 days after the
effective date of this AD, whichever
occurs later.
Request To Provide Clarification to the
NPRM
Air Wisconsin Airlines stated that it
infers that the intent of paragraph (g) of
the proposed AD is to incorporate the
nondestructive testing (NDT) inspection
introduced in Bombardier Canadair
Regional Jet CRJ200 Nondestructive
Testing Manual, CSP A–010, Revision
40, dated November 10, 2018 (‘‘NDT
Manual, Revision 40’’), as AD 2016–17–
15 already requires incorporation of
AWL task 57–21–112 into an operator’s
maintenance program. Air Wisconsin
Airlines stated that if it is required to
use only NDT Manual, Revision 40, then
it would suggest that an alternative
method of compliance (AMOC) would
be required for every revision issued
after that to the NDT manual, as
required by AD 2009–06–12,
Amendment 39–15848 (74 FR 10457,
March 11, 2009), for the fault isolation
manual (FIM). Air Wisconsin Airlines
asked if that is the intent of the NPRM,
or is the intent of the NPRM as specified
in the MCAI to prohibit the use of
earlier revisions of the NDT manual.
The FAA infers that Air Wisconsin
Airlines is requesting the FAA clarify
the intent of paragraph (g) of the NPRM.
The FAA agrees to clarify the intent
of paragraph (g) of this AD. The intent
is to prohibit the use of revisions prior
to NDT Manual, Revision 40. The FAA
revised the language in paragraph (g) of
this AD to specify operators to ‘‘revise
the existing maintenance or inspection
program, as applicable, to incorporate
the information in AWL task 57–21–
112, as specified in Part 6—Eddy
Current, of Bombardier Canadair
Regional Jet CRJ200 Nondestructive
Testing Manual, CSP A–010, Revision
40, dated November 10, 2018.’’ The
revised language in paragraph (g) of this
AD is designed to allow incorporating
the specific information, regardless of
the revision level of the NDT manual, in
use, so long as the language is identical
to the information in NDT Manual,
Revision 40. Bombardier Canadair
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Regional Jet CRJ200 Nondestructive
Testing Manual, CSP A–010, Revision
41, dated October 10, 2019, includes the
same information that is specified in
NDT Manual, Revision 40. If a revision
of the NDT manual does not contain the
same information for AWL task 57–21–
112, as specified in NDT Manual,
Revision 40, operators may request an
AMOC using the procedures specified
in paragraph (k)(1) of this AD.
Request To Incorporate a Certain
Temporary Revision
Bombardier requested that paragraph
(h) of the proposed AD state that the
incorporation of Bombardier CL–600–
2B19 Temporary Revision 2B–2273,
dated October 31, 2019, to Appendix
B—Airworthiness Limitations, Part 2 of
the Bombardier CL–600–2B19
Maintenance Requirements Manual
(‘‘Temporary Revision 2B–2273’’), into
the next full manual revision also meets
the requirements of paragraph (h) of the
proposed AD.
The FAA agrees with the commenter
that the next full manual revision that
incorporates the information in
Temporary Revision 2B–2273 will meet
the requirements of paragraph (h) of this
AD. The FAA has revised the language
in paragraph (h) of this AD to specify
that operators ‘‘revise the existing
maintenance or inspection program, as
applicable, to incorporate the
information in AWL task 57–21–169, as
specified in Bombardier CL–600–2B19
Temporary Revision 2B–2273, dated
October 31, 2019, to Appendix B—
Airworthiness Limitations, of Part 2 of
the Bombardier CL–600–2B19
Maintenance Requirements Manual.’’
This revised language requires
including the information that is
provided in the referenced temporary
revision. The revised language in
paragraph (h) of this AD is designed to
allow incorporating the specific
information, regardless of the revision
level of the NDT manual in use, so long
as the information is identical to that in
Temporary Revision 2B–2273.
Request To Clarify the Inspection
Method
Air Wisconsin stated that paragraph
(h) of the proposed AD specifies that the
requirement is to incorporate AWL task
57–21–169, as specified in Temporary
Revision 2B–2273 for which there is no
existing inspection in the NDT manual.
Air Wisconsin stated that Temporary
Revision 2B–2273 does not indicate
how to perform this inspection and that
it only states to perform it, dependent
upon maximum take-off weight
(MTOW) if over the threshold from the
last inspection per AWL task 57–21–
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112. Air Wisconsin commented that
there needs to be a method of
performing the inspection in the NDT
manual, because AWL task 57–21–112
may have been incorporated into a
maintenance program many years ago
and inspections using the NDT Manual,
Revision 40, may have been performed
immediately after its publication. Air
Wisconsin also commented that
depending on utilization, there may be
less than 100 cycles remaining before
the inspection is required to be
performed at the effective date of the
AD, and therefore, there needs to be a
better phase-in schedule than that
shown in Temporary Revision 2B–2273,
or an inspection method is required to
be published sooner than later. The
FAA infers that Air Wisconsin is
requesting clarification for the
inspection method.
The FAA agrees to clarify the
inspection method. Temporary Revision
2B–2273 does provide an inspection
method because it identifies the
inspection type as a special detailed
inspection and includes a reference to
AWL task 57–21–169. The inspection
method is available in the NDT manual.
Regarding the phase-in schedule, the
FAA notes that paragraph (h) of this AD
provides a 30-day grace period for the
initial compliance time. Operators may
also request an AMOC to extend the
compliance time using the procedures
specified in paragraph (k)(1) of this AD.
The FAA has not changed this AD in
this regard.
Conclusion
The FAA reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this
final rule with the changes described
previously and minor editorial changes.
The FAA has determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
The FAA also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
Related Service Information Under 1
CFR Part 51
Bombardier has issued Airworthiness
Limitations task 57–21–112 to Part 6—
Eddy Current, of Canadair Regional Jet
CRJ200 Nondestructive Testing Manual,
CSP A–010, Revision 40, dated
November 10, 2018. This service
information describes airworthiness
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limitations for doing a special detailed
inspection of the lower wing skin splice
joints at buttock line (BL) 45.00, wing
station (WS) 65.75, and WS148.00.
Bombardier has also issued CL–600–
2B19 Temporary Revision 2B–2273,
dated October 31, 2019, to Appendix
B—Airworthiness Limitations, of Part 2
of the Bombardier CL–600–2B19
Maintenance Requirements Manual.
This service information describes
airworthiness limitations for doing an
inspection for cracking on the lower
wing plank at the stringer run-out.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
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Costs of Compliance
The FAA estimates that this AD
affects 464 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although the FAA
recognizes that this number may vary
from operator to operator. In the past,
the FAA has estimated that this action
takes 1 work-hour per airplane. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate. Therefore, the FAA estimates
the total cost per operator to be $7,650
(90 work-hours × $85 per work-hour).
According to the manufacturer, some
or all of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
individuals. As a result, the FAA has
included all known costs in the cost
estimate.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: ‘‘General requirements.’’ Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
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necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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):
■
2020–12–13 Bombardier, Inc.: Amendment
39–19922; Docket No. FAA–2019–0987;
Product Identifier 2019–NM–144–AD.
(a) Effective Date
This AD is effective September 10, 2020.
(b) Affected ADs
This AD affects AD 2016–17–15,
Amendment 39–18628 (81 FR 59839, August
31, 2016) (‘‘AD 2016–17–15’’).
(c) Applicability
This AD applies to Bombardier, Inc.,
Model CL–600–2B19 (Regional Jet Series 100
& 440) airplanes, certificated in any category,
serial number 7003 and subsequent.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
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47637
(e) Reason
This AD was prompted by reports that
during airplane wing fatigue testing, fatigue
cracks were found on the lower right-handside wing plank at the end of the integrally
machined stringers, which led to a
determination that new or more restrictive
airworthiness limitations are necessary. The
FAA is issuing this AD to address undetected
cracks on the lower wing plank at the stringer
run-out, which could affect the structural
integrity of the wing.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Maintenance or Inspection Program
Revision for Task 57–21–112
For airplanes on which Bombardier Service
Bulletin 601R–57–044 has not been done:
Within 30 days after the effective date of this
AD, revise the existing maintenance or
inspection program, as applicable, to
incorporate the information in airworthiness
limitations (AWL) task 57–21–112, as
specified in Part 6—Eddy Current, of
Bombardier Canadair Regional Jet CRJ200
Nondestructive Testing Manual, CSP A–010,
Revision 40, dated November 10, 2018. The
initial compliance time for doing the task is
at the next scheduled inspection as specified
in AWL task 57–21–112, or within 30 days
after the effective date of this AD, whichever
occurs later.
(h) Maintenance or Inspection Program
Revision for Task 57–21–169
For airplanes on which Bombardier Service
Bulletin 601R–57–044 has been done: Within
30 days after the effective date of this AD,
revise the existing maintenance or inspection
program, as applicable, to incorporate the
information in AWL task 57–21–169, as
specified in Bombardier CL–600–2B19
Temporary Revision 2B–2273, dated October
31, 2019, to Appendix B—Airworthiness
Limitations, of Part 2 of the Bombardier CL–
600–2B19 Maintenance Requirements
Manual. The initial compliance time for
doing the task is at the time specified in
Bombardier CL–600–2B19 Temporary
Revision 2B–2273, dated October 31, 2019, to
Appendix B—Airworthiness Limitations, of
Part 2 of the Bombardier CL–600–2B19
Maintenance Requirements Manual, or
within 30 days after the effective date of this
AD, whichever occurs later.
(i) No Alternative Actions or Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraphs (g) and (h) of this AD,
no alternative actions (e.g., inspections) or
intervals may be used unless the actions or
intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (k)(1) of this AD.
(j) Terminating Action for a Certain
Requirement of AD 2016–17–15.
Accomplishing the revision required by
paragraph (g) of this AD terminates the
requirement to incorporate AWL 57–21–112
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Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Rules and Regulations
as specified in paragraph (g)(12) of AD 2016–
17–15.
(k) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; fax 516–794–5531. Before
using any approved AMOC, notify your
appropriate principal inspector, or lacking a
principal inspector, the manager of the local
flight standards district office/certificate
holding district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or Transport Canada Civil Aviation
(TCCA); or Bombardier, Inc.’s TCCA Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
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(l) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
AD CF–2019–21, dated May 15, 2019, for
related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2019–0987.
(2) For more information about this AD,
contact Aziz Ahmed, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7329; fax 516–794–5531; email 9avs-nyaco-cos@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 this AD specifies otherwise.
(i) Airworthiness Limitations task 57–21–
112 to Part 6—Eddy Current, of Bombardier
Canadair Regional Jet CRJ200 Nondestructive
Testing Manual, CSP A–010, Revision 40,
dated November 10, 2018.
(ii) Bombardier CL–600–2B19 Temporary
Revision 2B–2273, dated October 31, 2019, to
Appendix B—Airworthiness Limitations, of
Part 2 of the Bombardier CL–600–2B19
Maintenance Requirements Manual.
(3) For service information identified in
this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; Widebody Customer Response
Center North America toll-free telephone 1–
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16:05 Aug 05, 2020
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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, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on June 19, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–17124 Filed 8–5–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0600; Product
Identifier 2019–CE–043–AD; Amendment
39–21154; AD 2020–13–09]
RIN 2120–AA64
Airworthiness Directives; DG
Flugzeugbau GmbH Gliders
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all DG
Flugzeugbau GmbH Models DG–500
Elan Orion, DG–500 Elan Trainer, DG–
500/20 Elan, DG–500/22 Elan, DG–
500M, and DG–500MB gliders and
certain Models DG–1000S and DG–
1000T gliders. This AD results from
mandatory continuing airworthiness
information (MCAI) issued by the
aviation authority of another country to
identify and correct an unsafe condition
on an aviation product. The MCAI
describes the unsafe condition as the
rear locking rod of the rear canopy
rotating out of the threads of the
operating mechanism, which could lead
to blocking of the canopy emergency
release system, preventing safe escape of
occupants from the glider. The FAA is
issuing this AD to require actions to
address the unsafe condition on these
products.
SUMMARY:
DATES:
This AD is effective August 26,
2020.
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The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of August 26, 2020.
The FAA must receive comments on
this AD by September 21, 2020.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For the DG Flugzeugbau GmbH
service information and Repair
Instruction RI–DG–05 identified in this
AD, contact DG-Flugzeugbau GmbH,
Otto Lilienthal Weg 2, D–76646,
Bruchsal, Germany, telephone: +49 (0)
7251 3020–0, fax: +49 (0) 7251 3020–
200; email: dirks@dgflugzeugbau.de;
internet: https://www.dgflugzeugbau.de/en/. You may view this
referenced service information at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call (816) 329–
4148. It is also available on the internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0600.
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–2020–
0600; 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 AD, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Jim
Rutherford, Aerospace Engineer, FAA,
General Aviation & Rotorcraft Section,
International Validation Branch, 901
Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329–
4165; fax: (816) 329–4090; email:
jim.rutherford@faa.gov.
E:\FR\FM\06AUR1.SGM
06AUR1
Agencies
[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Rules and Regulations]
[Pages 47635-47638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17124]
========================================================================
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. 85, No. 152 / Thursday, August 6, 2020 /
Rules and Regulations
[[Page 47635]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0987; Product Identifier 2019-NM-144-AD; Amendment
39-19922; AD 2020-12-13]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes. This AD was prompted by reports that during airplane
wing fatigue testing, fatigue cracks were found on the lower right-
hand-side wing plank at the end of the integrally machined stringers,
which led to a determination that new or more restrictive airworthiness
limitations are necessary. This AD requires, for certain airplanes,
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective September 10, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 10,
2020.
ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax 514-855-7401; email [email protected];
internet https://www.bombardier.com. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information on
the availability of this material at the FAA, call 206-231-3195. It is
also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0987.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0987; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7329; fax 516-
794-5531; email [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2019-21, dated May 15,
2019 (also referred to as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes. You may examine the MCAI in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0987.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The
NPRM published in the Federal Register on December 27, 2019 (84 FR
71335). The NPRM was prompted by reports that during airplane wing
fatigue testing, fatigue cracks were found on the lower right-hand-side
wing plank at the end of the integrally machined stringers, which led
to a determination that new or more restrictive airworthiness
limitations are necessary. The NPRM proposed to require, for certain
airplanes, revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA is issuing this AD to address undetected cracks on
the lower wing plank at the stringer run-out, which could affect the
structural integrity of the wing. See the MCAI for additional
background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.
Request To Clarify Affected AD
Air Wisconsin Airlines stated that paragraph (b) of the proposed AD
specifies the affected ADs as ``None,'' and that although AD 2016-17-
15, Amendment 39-18628 (81 FR 59839, August 31, 2016) (``AD 2016-17-
15''), may not be affected by the NPRM, it is associated with it. The
FAA infers that Air Wisconsin Airlines is requesting clarification of
AD 2016-17-15 as an affected AD and if it should be cited in paragraph
(b) of the proposed AD.
The FAA agrees to clarify. The FAA acknowledges this AD affects AD
2016-17-15. ADs that are superseded or are terminated (or partially
terminated) by an AD are listed in paragraph (b) of that AD. The FAA
has added paragraph (j) to the AD to specify that accomplishing the
revision required by paragraph (g) of this AD terminates the
requirement to incorporate airworthiness limitations (AWL) task 57-21-
112 in Part 6--Eddy Current, of Canadair Regional Jet CRJ200
Nondestructive Testing Manual, CSP A-010, Revision 40, dated November
10, 2018 (``AWL task 57-21-112''), as specified in paragraph (g)(12) of
AD 2016-17-15. The FAA has also added AD 2016-17-15 to paragraph (b) of
this AD.
Request To Revise a Certain Service Information Citation
Bombardier requested that the FAA revise the service information
citation in paragraph (g) of the proposed AD for the
[[Page 47636]]
initial compliance time for AWL task 57-21-112. Bombardier stated that
the maintenance review manual specifies the inspection intervals and
not the nondestructive testing manual specified in paragraph (g) of the
proposed AD.
The FAA agrees with the commenter for the reason provided by the
commenter. The FAA has revised paragraph (g) of this AD to state that
the initial compliance time for doing the task is at the at the next
scheduled inspection as specified in AWL task 57-21-112, or within 30
days after the effective date of this AD, whichever occurs later.
Request To Provide Clarification to the NPRM
Air Wisconsin Airlines stated that it infers that the intent of
paragraph (g) of the proposed AD is to incorporate the nondestructive
testing (NDT) inspection introduced in Bombardier Canadair Regional Jet
CRJ200 Nondestructive Testing Manual, CSP A-010, Revision 40, dated
November 10, 2018 (``NDT Manual, Revision 40''), as AD 2016-17-15
already requires incorporation of AWL task 57-21-112 into an operator's
maintenance program. Air Wisconsin Airlines stated that if it is
required to use only NDT Manual, Revision 40, then it would suggest
that an alternative method of compliance (AMOC) would be required for
every revision issued after that to the NDT manual, as required by AD
2009-06-12, Amendment 39-15848 (74 FR 10457, March 11, 2009), for the
fault isolation manual (FIM). Air Wisconsin Airlines asked if that is
the intent of the NPRM, or is the intent of the NPRM as specified in
the MCAI to prohibit the use of earlier revisions of the NDT manual.
The FAA infers that Air Wisconsin Airlines is requesting the FAA
clarify the intent of paragraph (g) of the NPRM.
The FAA agrees to clarify the intent of paragraph (g) of this AD.
The intent is to prohibit the use of revisions prior to NDT Manual,
Revision 40. The FAA revised the language in paragraph (g) of this AD
to specify operators to ``revise the existing maintenance or inspection
program, as applicable, to incorporate the information in AWL task 57-
21-112, as specified in Part 6--Eddy Current, of Bombardier Canadair
Regional Jet CRJ200 Nondestructive Testing Manual, CSP A-010, Revision
40, dated November 10, 2018.'' The revised language in paragraph (g) of
this AD is designed to allow incorporating the specific information,
regardless of the revision level of the NDT manual, in use, so long as
the language is identical to the information in NDT Manual, Revision
40. Bombardier Canadair Regional Jet CRJ200 Nondestructive Testing
Manual, CSP A-010, Revision 41, dated October 10, 2019, includes the
same information that is specified in NDT Manual, Revision 40. If a
revision of the NDT manual does not contain the same information for
AWL task 57-21-112, as specified in NDT Manual, Revision 40, operators
may request an AMOC using the procedures specified in paragraph (k)(1)
of this AD.
Request To Incorporate a Certain Temporary Revision
Bombardier requested that paragraph (h) of the proposed AD state
that the incorporation of Bombardier CL-600-2B19 Temporary Revision 2B-
2273, dated October 31, 2019, to Appendix B--Airworthiness Limitations,
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual
(``Temporary Revision 2B-2273''), into the next full manual revision
also meets the requirements of paragraph (h) of the proposed AD.
The FAA agrees with the commenter that the next full manual
revision that incorporates the information in Temporary Revision 2B-
2273 will meet the requirements of paragraph (h) of this AD. The FAA
has revised the language in paragraph (h) of this AD to specify that
operators ``revise the existing maintenance or inspection program, as
applicable, to incorporate the information in AWL task 57-21-169, as
specified in Bombardier CL-600-2B19 Temporary Revision 2B-2273, dated
October 31, 2019, to Appendix B--Airworthiness Limitations, of Part 2
of the Bombardier CL-600-2B19 Maintenance Requirements Manual.''
This revised language requires including the information that is
provided in the referenced temporary revision. The revised language in
paragraph (h) of this AD is designed to allow incorporating the
specific information, regardless of the revision level of the NDT
manual in use, so long as the information is identical to that in
Temporary Revision 2B-2273.
Request To Clarify the Inspection Method
Air Wisconsin stated that paragraph (h) of the proposed AD
specifies that the requirement is to incorporate AWL task 57-21-169, as
specified in Temporary Revision 2B-2273 for which there is no existing
inspection in the NDT manual. Air Wisconsin stated that Temporary
Revision 2B-2273 does not indicate how to perform this inspection and
that it only states to perform it, dependent upon maximum take-off
weight (MTOW) if over the threshold from the last inspection per AWL
task 57-21-112. Air Wisconsin commented that there needs to be a method
of performing the inspection in the NDT manual, because AWL task 57-21-
112 may have been incorporated into a maintenance program many years
ago and inspections using the NDT Manual, Revision 40, may have been
performed immediately after its publication. Air Wisconsin also
commented that depending on utilization, there may be less than 100
cycles remaining before the inspection is required to be performed at
the effective date of the AD, and therefore, there needs to be a better
phase-in schedule than that shown in Temporary Revision 2B-2273, or an
inspection method is required to be published sooner than later. The
FAA infers that Air Wisconsin is requesting clarification for the
inspection method.
The FAA agrees to clarify the inspection method. Temporary Revision
2B-2273 does provide an inspection method because it identifies the
inspection type as a special detailed inspection and includes a
reference to AWL task 57-21-169. The inspection method is available in
the NDT manual.
Regarding the phase-in schedule, the FAA notes that paragraph (h)
of this AD provides a 30-day grace period for the initial compliance
time. Operators may also request an AMOC to extend the compliance time
using the procedures specified in paragraph (k)(1) of this AD. The FAA
has not changed this AD in this regard.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
Bombardier has issued Airworthiness Limitations task 57-21-112 to
Part 6--Eddy Current, of Canadair Regional Jet CRJ200 Nondestructive
Testing Manual, CSP A-010, Revision 40, dated November 10, 2018. This
service information describes airworthiness
[[Page 47637]]
limitations for doing a special detailed inspection of the lower wing
skin splice joints at buttock line (BL) 45.00, wing station (WS) 65.75,
and WS148.00.
Bombardier has also issued CL-600-2B19 Temporary Revision 2B-2273,
dated October 31, 2019, to Appendix B--Airworthiness Limitations, of
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual.
This service information describes airworthiness limitations for doing
an inspection for cracking on the lower wing plank at the stringer run-
out.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 464 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2020-12-13 Bombardier, Inc.: Amendment 39-19922; Docket No. FAA-
2019-0987; Product Identifier 2019-NM-144-AD.
(a) Effective Date
This AD is effective September 10, 2020.
(b) Affected ADs
This AD affects AD 2016-17-15, Amendment 39-18628 (81 FR 59839,
August 31, 2016) (``AD 2016-17-15'').
(c) Applicability
This AD applies to Bombardier, Inc., Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes, certificated in any category,
serial number 7003 and subsequent.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by reports that during airplane wing
fatigue testing, fatigue cracks were found on the lower right-hand-
side wing plank at the end of the integrally machined stringers,
which led to a determination that new or more restrictive
airworthiness limitations are necessary. The FAA is issuing this AD
to address undetected cracks on the lower wing plank at the stringer
run-out, which could affect the structural integrity of the wing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision for Task 57-21-112
For airplanes on which Bombardier Service Bulletin 601R-57-044
has not been done: Within 30 days after the effective date of this
AD, revise the existing maintenance or inspection program, as
applicable, to incorporate the information in airworthiness
limitations (AWL) task 57-21-112, as specified in Part 6--Eddy
Current, of Bombardier Canadair Regional Jet CRJ200 Nondestructive
Testing Manual, CSP A-010, Revision 40, dated November 10, 2018. The
initial compliance time for doing the task is at the next scheduled
inspection as specified in AWL task 57-21-112, or within 30 days
after the effective date of this AD, whichever occurs later.
(h) Maintenance or Inspection Program Revision for Task 57-21-169
For airplanes on which Bombardier Service Bulletin 601R-57-044
has been done: Within 30 days after the effective date of this AD,
revise the existing maintenance or inspection program, as
applicable, to incorporate the information in AWL task 57-21-169, as
specified in Bombardier CL-600-2B19 Temporary Revision 2B-2273,
dated October 31, 2019, to Appendix B--Airworthiness Limitations, of
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements
Manual. The initial compliance time for doing the task is at the
time specified in Bombardier CL-600-2B19 Temporary Revision 2B-2273,
dated October 31, 2019, to Appendix B--Airworthiness Limitations, of
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements
Manual, or within 30 days after the effective date of this AD,
whichever occurs later.
(i) No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraphs (g) and (h) of this AD, no
alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (k)(1) of this AD.
(j) Terminating Action for a Certain Requirement of AD 2016-17-15.
Accomplishing the revision required by paragraph (g) of this AD
terminates the requirement to incorporate AWL 57-21-112
[[Page 47638]]
as specified in paragraph (g)(12) of AD 2016-17-15.
(k) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.
(l) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2019-21, dated May 15, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0987.
(2) For more information about this AD, contact Aziz Ahmed,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7329; fax 516-794-5531; email [email protected].
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Airworthiness Limitations task 57-21-112 to Part 6--Eddy
Current, of Bombardier Canadair Regional Jet CRJ200 Nondestructive
Testing Manual, CSP A-010, Revision 40, dated November 10, 2018.
(ii) Bombardier CL-600-2B19 Temporary Revision 2B-2273, dated
October 31, 2019, to Appendix B--Airworthiness Limitations, of Part
2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual.
(3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax 514-855-7401; email
[email protected]; internet https://www.bombardier.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on June 19, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-17124 Filed 8-5-20; 8:45 am]
BILLING CODE 4910-13-P