AD 2017-08-04

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Rules and Regulations]
[Pages 17540-17542]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-07091]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6897; Directorate Identifier 2015-NM-187-AD; 
Amendment 39-18853; AD 2017-08-04]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2015-03-01, 
for all Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. AD 2015-03-01 required installing additional attaching 
hardware on the left and right engine fan cowl access panels and the 
nacelle attaching structures. This new AD requires weight and balance 
data to be included in the Weight and Balance Manual for certain 
modified airplanes. This new AD also requires the weight and balance 
data to be used in order to calculate the center of gravity for 
affected airplanes. This AD was prompted by updates to the weight and 
balance data needed to calculate the center of gravity for affected 
airplanes. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective May 17, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 17, 
2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of March 
17, 2015 (80 FR 7298, February 10, 2015).

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; telephone 514-855-5000; fax 514-855-
7401; email <a href="/cdn-cgi/l/email-protection#86f2eee2a8e5f4ecc6e7e3f4e9a8e4e9ebe4e7f4e2efe3f4a8e5e9eb"><span class="__cf_email__" data-cfemail="4f3b272b612c3d250f2e2a3d20612d20222d2e3d2b262a3d612c2022">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>. You may view this referenced service information at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221. It is also available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
6897.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
6897; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone 516-228-7329; fax 516-794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2015-03-01, Amendment 39-18097 (80 FR 7298, 
February 10, 2015) (``AD 2015-03-01''). AD 2015-03-01 applied to all 
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. The NPRM published in the Federal Register on June 8, 2016 
(81 FR 36813). The NPRM was prompted by updates to the weight and 
balance data needed to calculate the center of gravity for affected 
airplanes. The NPRM proposed to continue to require installing 
additional attaching hardware on the left and right engine fan cowl 
access panels and the nacelle attaching structures. The NPRM also 
proposed to require weight and balance data to be included in the 
Weight and Balance Manual and applicable logbooks for certain modified 
airplanes. We are issuing this AD to prevent damage to the fuselage and 
flight control surfaces from dislodged engine fan cowl access panels, 
and prevent incorrect weight and balance calculations. Incorrect weight 
and balance calculations may shift the center of gravity beyond 
approved design parameters and affect in-flight control, which could 
endanger passengers and crew.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-20R1, dated August 12, 2015 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes. The MCAI states:

    There have been a number of engine fan cowl panel dislodgement 
incidents reported on the Bombardier CL-600-2B19 aeroplane fleet. 
The dislodged panels may cause damage to the fuselage and flight 
control surfaces of the aeroplane. Also, the debris from a dislodged 
panel may result in runway contamination and has the potential of 
causing injury on the ground.
    Although the majority of the subject panel dislodgements were 
reported on the first or second flight after an engine maintenance 
task was performed that required removal and reinstallation of the 
subject panels, the frequency of the dislodgements indicates that 
the existing attachment design is prone to human (maintenance) 
error.
    In order to mitigate the potential safety hazard of the subject 
panel dislodgement, Bombardier had issued Service Bulletin (SB) 
601R-71-034 to install additional fasteners for the attachment of 
the engine fan cowl panels to the nacelle's structure. Compliance of 
the above SB was mandated by the original issue of [Canadian] AD CF-
2014-20 dated 9 July 2014 [which corresponded to FAA AD 2015-03-01].
    Bombardier has now revised the SB 601R-71-034 (to Revision C) 
requiring weight and balance data to be included in the Weight and 
Balance manual for aeroplanes modified per the subject SB. This 
revised [Canadian] AD is issued to mandate compliance with SB 601R-
71-034, Rev C.

Required actions also include the retained actions of modifying the 
engine fan cowl access panel. You may examine the MCAI in the AD docket 
on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and 
locating Docket No. FAA-2016-6897.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the NPRM and 
the FAA's response.

[[Page 17541]]

Request To Refer to Revised Service Information

    Air Wisconsin Airlines requested that we revise the NPRM to refer 
to Bombardier Service Bulletin 601R-71-034, Revision D, dated October 
7, 2016. Air Wisconsin also asked that we add Bombardier Service 
Bulletin CF34-NAC-71-042, Revision C, dated September 4, 2016. Air 
Wisconsin stated that the hardware kits are identified in this service 
information.
    We partially agree with the commenter's request. No additional work 
is required by Bombardier Service Bulletin 601R-71-034, Revision D, 
dated October 7, 2016; it merely adds notes for clarification and 
contains minor editorial changes. Since Bombardier Service Bulletin 
CF34-NAC-71-042, Revision C, dated September 4, 2016, is a secondary 
source of service information, it is not referenced in this AD.
    We have revised the Related Service Information under 1 CFR part 51 
section of the preamble and paragraphs (g) and (h) of this AD to refer 
to Bombardier Service Bulletin 601R-71-034, Revision D, dated October 
7, 2016.
    We have also redesignated paragraph (i) of the proposed AD as 
paragraph (i)(1) of this AD, and added credit for actions required by 
paragraph (g) of this AD if accomplished prior to the effective date of 
this AD using Bombardier Service Bulletin 601R-71-034, Revision C, 
dated May 8, 2015.
    We have also added paragraph (i)(2) to this AD to provide credit 
for actions required by paragraph (h) of this AD if accomplished prior 
to the effective date of this AD using Bombardier Service Bulletin 
601R-71-034, Revision C, dated May 8, 2015.

Clarification of Alternative Methods of Compliance (AMOCs) Paragraph

    We have revised paragraph (j)(1)(ii) of this AD to clarify that 
Global AMOC 15-36, dated August 28, 2015, is approved for the 
corresponding provisions of paragraph (g) of this AD.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued Service Bulletin 601R-71-034, Revision 
B, dated August 1, 2014; and Service Bulletin 601R-71-034, Revision D, 
dated October 7, 2016. The service information provides procedures for 
modifying the engine fan cowl access panels and the nacelle attaching 
structures. These documents are distinct because Service Bulletin 601R-
71-034, Revision D, dated October 7, 2016, also includes weight and 
balance information. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 497 airplanes of U.S. registry.
    The actions required by AD 2015-03-01 and retained in this AD take 
about 8 work-hours per product, at an average labor rate of $85 per 
work-hour. Required parts cost about $5,458 per product. Based on these 
figures, the estimated cost of the actions that are required by AD 
2015-03-01 is $6,138 per product.
    We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD on U.S. operators to be $42,245, or $85 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2015-03-01, Amendment 39-18097 (80 FR 7298, February 10, 2015) and 
adding the following new AD:

2017-08-04 Bombardier, Inc.: Amendment 39-18853; Docket No. FAA-
2016-6897; Directorate Identifier 2015-NM-187-AD.

(a) Effective Date

    This AD is effective May 17, 2017.

(b) Affected ADs

    This AD replaces AD 2015-03-01, Amendment 39-18097 (80 FR 7298, 
February 10, 2015) (``AD 2015-03-01'').

(c) Applicability

    This AD applies to all Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

[[Page 17542]]

(e) Reason

    This AD was prompted by dislodged engine fan cowl access panels. 
We are issuing this AD to prevent damage to the fuselage and flight 
control surfaces from dislodged engine fan cowl panels, and prevent 
incorrect weight and balance calculations. Incorrect weight and 
balance calculations may shift the center of gravity beyond approved 
design parameters and affect in-flight control, which could endanger 
passengers and crew.

(f) Compliance

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

(g) Retained Fastener Installation, with Revised Service Information

    This paragraph restates the requirements of paragraph (g) of AD 
2015-03-01, with revised service information. Within 6,000 flight 
hours after March 17, 2015 (the effective date of AD 2015-03-01): 
Install attaching hardware on the left and right engine fan cowl 
access panels and the nacelle attaching structures, in accordance 
with the Accomplishment Instructions of Bombardier Service Bulletin 
601R-71-034, Revision B, dated August 1, 2014; or Bombardier Service 
Bulletin, 601R-71-034, Revision D, dated October 7, 2016. As of the 
effective date of this AD, only Bombardier Service Bulletin, 601R-
71-034, Revision D, dated October 7, 2016, may be used.

(h) Inserting Weight and Balance Data

    Within 6,000 flight hours after the effective date of this AD, 
revise the applicable Weight and Balance Manual to include the 
weight and balance data specified in Bombardier Service Bulletin, 
601R-71-034, Revision D, dated October 7, 2016.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Bombardier Service Bulletin 601R-71-
034, dated March 31, 2014; Bombardier Service Bulletin 601R-71-034, 
Revision A, dated April 28, 2014; or Bombardier Service Bulletin 
601R-71-034, Revision C, dated May 8, 2015.
    (2) This paragraph provides credit for actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Bombardier Service Bulletin 601R-71-
034, Revision C, dated May 8, 2015.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the ACO, send it to ATTN: Program Manager, Continuing 
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531.
    (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.
    (ii) Global AMOC 15-36, dated August 28, 2015, is approved as an 
AMOC for the corresponding provisions of paragraph (g) of this AD.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the Manager, New York ACO, ANE-170, FAA; or Transport 
Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design 
Approval Organization (DAO). If approved by the DAO, the approval 
must include the DAO-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2014-20R1, dated August 
12, 2015. This MCAI may be found in the AD docket on the Internet at 
<a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2016-6897.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(5) and (l)(6) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
May 17, 2017.
    (i) Bombardier Service Bulletin 601R-71-034, Revision D, dated 
October 7, 2016.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
March 17, 2015 (80 FR 7298, February 10, 2015).
    (i) Bombardier Service Bulletin 601R-71-034, Revision B, dated 
August 1, 2014.
    (ii) Reserved.
    (5) For service information identified in this AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; email <a href="/cdn-cgi/l/email-protection#5a2e323e743928301a3b3f283574383537383b283e333f2874393537"><span class="__cf_email__" data-cfemail="6d190509430e1f072d0c081f02430f02000f0c1f0904081f430e0200">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (6) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (7) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on March 31, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-07091 Filed 4-11-17; 8:45 am]
 BILLING CODE 4910-13-P