AD 2019-12-03

[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Rules and Regulations]
[Pages 31707-31709]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-14153]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0185; Product Identifier 2018-NM-178-AD; Amendment 
39-19658; AD 2019-12-03]
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: The FAA is adopting a new airworthiness directive (AD) for all 
Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 700, 701 & 
702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional 
Jet Series 900) airplanes. This AD was prompted by a determination that 
new and more restrictive airworthiness limitations are necessary for 
operational checks of the landing gear alternate extension system 
(AES). This AD requires revising the existing maintenance or inspection 
program, as applicable, to incorporate new and more restrictive 
airworthiness limitations. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective August 7, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 7, 
2019.

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 <a href="/cdn-cgi/l/email-protection#7415175a0d0118341511061b5a161b19161506101d11065a171b19"><span class="__cf_email__" data-cfemail="6203014c1b170e220307100d4c000d0f000310060b07104c010d0f">[email&#160;protected]</span></a>; 
internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>. You may view this service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available on the 
internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating 
Docket No. FAA-2019-0185.

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-2019-
0185; 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: Darren Gassetto, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7323; fax 516-794-5531; email <a href="/cdn-cgi/l/email-protection#aa9387cbdcd987c4d3cbc9c587c9c5d9eacccbcb84cdc5dc"><span class="__cf_email__" data-cfemail="c4fde9a5b2b7e9aabda5a7abe9a7abb784a2a5a5eaa3abb2">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Bombardier, Inc., 
Model CL-600-2C10 (Regional Jet Series 700, 701 & 702), CL-600-2D15 
(Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) 
airplanes. The NPRM published in the Federal Register on March 28, 2019 
(84 FR 11656). The NPRM was prompted by a determination that new and 
more restrictive airworthiness limitations are

[[Page 31708]]

necessary for operational checks of the landing gear AES. The NPRM 
proposed to require revising the existing maintenance or inspection 
program, as applicable, to incorporate new and more restrictive 
airworthiness limitations.
    The FAA is issuing this AD to address a deficiency in the existing 
maintenance or inspection program, as applicable, that does not meet 
the certification criteria for all critical AES failure modes, which 
could reduce the ability of the flightcrew to maintain the safe flight 
and landing of the airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2018-31, dated November 
28, 2018 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Bombardier, Inc., Model CL-600-2C10 (Regional Jet 
Series 700, 701 & 702), CL-600-2D15 (Regional Jet Series 705), and CL-
600-2D24 (Regional Jet Series 900) airplanes. The MCAI states:

    During the Bombardier Maintenance Review Board (MRB) inspection 
escalation interval project, it was discovered that the current 
interval of 8000 hours air time and previous interval of 6000 hours 
air time for the MRB Task 320100-203 ``Operational Check of the 
Landing Gear Alternate Extension System (AES)'' does not meet the 
certification criteria to cover for all critical AES failure modes 
[which could reduce the ability of the flightcrew to maintain the 
safe flight and landing of the airplane]. For this reason, a new 
Certification Maintenance Requirement (CMR) task needs to be 
implemented in the maintenance program at a shorter interval of 1600 
hours air time.
    This [Canadian] AD mandates a new CMR task for an operational 
check of the AES with interval of 1600 hours air time.

    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-2019-
0185.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comment 
received. The Air Line Pilots Association, International (ALPA) 
indicated its support for the NPRM.

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 as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing 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 has issued CRJ Regional Jet (Bombardier) Temporary 
Revision ALI-0652, dated July 9, 2018. This service information 
describes airworthiness limitations for a CMR task related to 
operational checks of the landing gear AES.
    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 536 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).

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) 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):

2019-12-03 Bombardier, Inc.: Amendment 39-19658; Docket No. FAA-
2019-0185; Product Identifier 2018-NM-178-AD.

(a) Effective Date

    This AD is effective August 7, 2019.

(b) Affected ADs

    None.

[[Page 31709]]

(c) Applicability

    This AD applies to all Bombardier, Inc., Model CL-600-2C10 
(Regional Jet Series 700, 701 & 702), CL-600-2D15 (Regional Jet 
Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes, 
certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that new and more 
restrictive airworthiness limitations are necessary for operational 
checks of the landing gear alternate extension system (AES). The FAA 
is issuing this AD to address a deficiency in the existing 
maintenance or inspection program, as applicable, that does not meet 
the certification criteria for all critical AES failure modes, which 
could reduce the ability of the flightcrew to maintain the safe 
flight and landing of the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 30 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in CRJ Regional Jet 
(Bombardier) Temporary Revision ALI-0652, dated July 9, 2018. The 
initial compliance time for doing the tasks is at the time specified 
in figure 1 to paragraph (g) of this AD.
[GRAPHIC] [TIFF OMITTED] TR03JY19.000

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) 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 (i)(1) of this AD.

(i) Other FAA AD Provisions

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

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2018-31, dated November 28, 2018, for related 
information. 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-2019-0185.
    (2) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7323; fax 516-794-5531; email 
<a href="/cdn-cgi/l/email-protection#40796d2136336d2e3921232f6d232f33002621216e272f36"><span class="__cf_email__" data-cfemail="3f06125e494c1251465e5c50125c504c7f595e5e11585049">[email&#160;protected]</span></a>.

(k) 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) CRJ Regional Jet (Bombardier) Temporary Revision ALI-0652, 
dated July 9, 2018.
    (ii) [Reserved]
    (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 
<a href="/cdn-cgi/l/email-protection#d1b0b2ffa8a4bd91b0b4a3beffb3bebcb3b0a3b5b8b4a3ffb2bebc"><span class="__cf_email__" data-cfemail="4223216c3b372e022327302d6c202d2f202330262b27306c212d2f">[email&#160;protected]</span></a>; internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <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 Des Moines, Washington, on June 12, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-14153 Filed 7-2-19; 8:45 am]
BILLING CODE 4910-13-P