[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Rules and Regulations]
[Pages 52140-52143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22154]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0397; Product Identifier 2017-NM-163-AD; Amendment 
39-19454; AD 2018-20-20]
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 adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This AD

[[Page 52141]]

was prompted by a report of cracking at the fastener holes of the left-
hand-side support bracket of the elevator bell crank for the control 
linkage in the vertical stabilizer. This AD requires an eddy current 
inspection on certain support brackets of the elevator bell crank for 
any cracking at the fastener holes, a measurement to confirm that the 
fastener hole diameters are within tolerance, and replacement with a 
new support bracket of the elevator bell crank if necessary. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 20, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 20, 
2018.

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 [email protected]; internet http://www.bombardier.com. You may view this service information at the FAA, 
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 206-
231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0397.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0397; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, New York 
11590; telephone: 516-287-7329; fax: 516-794-5531; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Bombardier, Inc., 
Model BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published in the 
Federal Register on May 8, 2018 (83 FR 20745). The NPRM was prompted by 
a report of cracking at the fastener holes of the left-hand-side 
support bracket of the elevator bell crank for the control linkage in 
the vertical stabilizer. The NPRM proposed to require an eddy current 
inspection on certain support brackets of the elevator bell crank for 
any cracking at the fastener holes, a measurement to confirm that the 
fastener hole diameters are within tolerance, and replacement with a 
new support bracket of the elevator bell crank if necessary.
    We are issuing this AD to address any cracking in the support 
bracket of the elevator bell crank, which could lead to detachment of 
the bracket and loss of functionality of the elevator on the affected 
side, and result in reduced controllability of the airplane. Failure of 
both brackets could result in loss of pitch control of the airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2017-32, dated October 
10, 2017 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition on certain Bombardier, Inc., Model BD-700-1A10 and BD-700-
1A11 airplanes. The MCAI states:

    During a repair on an aircraft in-service, cracking was observed 
at the fastener holes of the left hand side elevator bell crank 
support bracket for the control linkage in the vertical stabilizer. 
Further investigation confirmed the presence of similar cracking on 
other aircraft on both the left and right hand side brackets. An 
investigation found that the fastener holes on some brackets did not 
conform to the required tolerance and fastener installation resulted 
in fastener hole cracks.
    This [Canadian] AD requires an inspection of both elevator bell 
crank support brackets, and replacement if they are found cracked or 
do not meet the required fastener hole tolerance. Left unrepaired, 
cracking of an elevator bell crank support bracket could lead to 
detachment of the bracket and loss of functionality of the elevator 
on the affected side, resulting in reduced controllability of the 
aircraft. Failure of both brackets could result in loss of pitch 
control of the aircraft.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0397.

Comments

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

Request To Incorporate the Latest Service Information

    Bombardier requested that we revise the NPRM to incorporate the 
latest service information. Bombardier stated that Service Bulletin 
700-27-5009, Revision 02, dated June 15, 2018, corrects a typographical 
error made to the affected airplane serial number listing. Bombardier 
also requested that we add Bombardier Service Bulletin 700-27-5009, 
Revision 01, dated July 18, 2017, to the ``Credit for Previous 
Actions'' paragraph.
    We agree with the commenter's request. We have revised paragraph 
(g) of this AD to incorporate Bombardier Service Bulletin 700-27-5009, 
Revision 02, dated June 15, 2018, for accomplishing the actions in this 
AD. Bombardier Service Bulletin 700-27-5009, Revision 02, dated June 
15, 2018, revises the effectivity to include an airplane already 
included in the applicability of this AD, and includes minor edits that 
do not affect the scope of this AD. We have also revised paragraph (h) 
of this AD to include Bombardier Service Bulletin 700-27-5009, Revision 
01, dated July 18, 2017.

Request To Clarify a Certain Serial Number

    NetJets requested that we clarify the omission of a certain serial 
number in the service information. NetJets commented that serial number 
9732 is specified in the applicability paragraph of the NPRM, but it is 
not specified in Bombardier Service Bulletin 700-27-5009, Revision 01, 
dated July 18, 2017; or Bombardier Service Bulletin 700-27-6009, 
Revision 01, dated July 18, 2017.
    We agree to provide clarification for the commenter. Serial number 
9732 is not specified in the effectivity of Bombardier Service Bulletin 
700-27-5009, Revision 01, dated July 18, 2017; or Bombardier Service 
Bulletin 700-27-6009, Revision 01, dated July 18, 2017, but Bombardier 
Service Bulletin 700-27-5009, Revision 02, dated June 15, 2018, adds 
serial number 9732 to the effectivity. As we stated previously, we have 
revised this AD to include Bombardier Service Bulletin 700-27-5009, 
Revision 02, dated June 15, 2018, for accomplishing the actions in this 
AD. Serial number 9732 was previously included in paragraph (c) of this 
AD, and the applicability of an AD takes

[[Page 52142]]

precedence over the effectivity listed in any service information. 
Therefore, the actions in this AD is required for the airplane having 
serial number 9732, regardless of what service information is specified 
in this AD. We have not changed the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule with the changes described previously and minor 
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 700-27-5009, Revision 02, 
dated June 15, 2018; and Service Bulletin 700-27-6009, Revision 01, 
dated July 18, 2017. This service information describes an eddy current 
inspection on certain support brackets of the elevator bell crank for 
any cracking at the fastener holes, a measurement to confirm that the 
fastener hole diameters are within tolerance, and replacement with a 
new support bracket of the elevator bell crank. These documents are 
distinct since they apply to different airplane models. 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 109 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection and measurement.........  10 work-hours x $85 per                 $19            $869         $94,721
                                      hour = $850.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                Action                                 Labor cost                   Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement...........................  2 work-hours x $85 per hour = $170......          $4,798          $4,968
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, all of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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


[[Page 52143]]


    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):

2018-20-20 Bombardier, Inc.: Amendment 39-19454; Docket No. FAA-
2018-0397; Product Identifier 2017-NM-163-AD.

(a) Effective Date

    This AD is effective November 20, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes, certificated in any category, serial numbers 
9492 through 9711 inclusive, 9713 through 9717 inclusive, 9719 
through 9726 inclusive, 9728, 9730, 9732, 9733, 9743, and 9751.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by a report of cracking at the fastener 
holes of the left-hand-side support bracket of the elevator bell 
crank for the control linkage in the vertical stabilizer. We are 
issuing this AD to address any cracking in the support bracket of 
the elevator bell crank, which could lead to detachment of the 
bracket and loss of functionality of the elevator on the affected 
side, and result in reduced controllability of the airplane. Failure 
of both brackets could result in loss of pitch control of the 
airplane.

(f) Compliance

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

(g) Inspection, Measurement, and Corrective Action

    Within 60 months after the effective date of this AD, or before 
accumulating 7,500 total flight cycles, whichever occurs first: Do 
an eddy current inspection of the support brackets of the elevator 
bell crank, part number (P/N) GD248-8750-3 and P/N GD248-8750-4, for 
any cracking at the fastener holes, and do a measurement to confirm 
that the fastener hole diameters are within tolerance, as 
applicable, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 700-27-5009, Revision 02, dated June 15, 
2018 (for Model BD-700-1A11 airplanes); or Bombardier Service 
Bulletin 700-27-6009, Revision 01, dated July 18, 2017 (for Model 
BD-700-1A10 airplanes). If any cracking is found or if any fastener 
hole is out of tolerance, before further flight, replace with a new 
support bracket, in accordance with the Accomplishment Instructions 
of Bombardier Service Bulletin 700-27-5009, Revision 02, dated June 
15, 2018 (for Model BD-700-1A11 airplanes); or Bombardier Service 
Bulletin 700-27-6009, Revision 01, dated July 18, 2017 (for Model 
BD-700-1A10 airplanes).

(h) Credit for Previous Actions

    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 the service information specified in 
paragraphs (h)(1), (h)(2), and (h)(3), as applicable.
    (1) Bombardier Service Bulletin 700-27-5009, dated May 29, 2017.
    (2) Bombardier Service Bulletin 700-27-5009, Revision 01, dated 
July 18, 2017.
    (3) Bombardier Service Bulletin 700-27-6009, dated May 29, 2017.

(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-2017-32, dated October 10, 2017, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2018-0397.
    (2) For more information about this AD, contact Aziz Ahmed, 
Aerospace Engineer, FAA, New York ACO Branch, 1600 Stewart Avenue, 
Suite 410, Westbury, New York 11590; telephone: 516-287-7329; fax: 
516-794-5531; email: [email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (k)(4) of this AD.

(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) Bombardier Service Bulletin 700-27-5009, Revision 02, dated 
June 15, 2018.
    (ii) Bombardier Service Bulletin 700-27-6009, Revision 01, dated 
July 18, 2017.
    (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; telephone 514-855-5000; fax 514-855-
7401; email [email protected]; internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on September 27, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-22154 Filed 10-15-18; 8:45 am]
 BILLING CODE 4910-13-P


