[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)]
[Proposed Rules]
[Pages 32215-32218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14804]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0634; Product Identifier 2018-NM-050-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 700, 
701 & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) 
airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and 
Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This proposed 
AD was prompted by reports of a fractured main landing gear (MLG) 
orifice support tube (OST). This proposed AD would require replacing 
the MLG OST, and revising the maintenance or inspection program, as 
applicable, to incorporate new or more restrictive maintenance 
requirements and airworthiness limitations. We are proposing this AD to 
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by August 27, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: Deliver to Mail address above between 9 
a.m. and 5

[[Page 32216]]

p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 866-538-1247 or direct-dial telephone 514-855-2999; 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.

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-
0634; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer, 
Airframe and Mechanical Systems 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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-0634; 
Product Identifier 2018-NM-050-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2018-02, dated January 
16, 2018 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Bombardier, Inc., Model CL-600-2C10 (Regional Jet 
Series 700, 701 & 702) airplanes, Model CL-600-2D15 (Regional Jet 
Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900) 
airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) airplanes. 
The MCAI states:

    Five cases of fractured Main Landing Gear (MLG) Orifice Support 
Tube (OST) have been reported. Subsequent analysis determined that 
the MLG OST is unable to withstand the loads generated during a hard 
landing event. A MLG OST fracture cannot be detected during routine 
maintenance and if not corrected, a fractured MLG OST can lead to 
aeroplane structural damage and/or collapse of the MLG.
    This [Canadian] AD mandates the replacement of the existing MLG 
OSTs with a re-designed part, and the implementation of a new 
airworthiness limitation task.

    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-
0634.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin SB 670BA-32-058, dated 
September 26, 2016. The service information describes procedures for 
replacing each MLG OST.
    Bombardier has also issued Temporary Revision ALI-0593, dated 
December 18, 2017. The service information describes new life limits 
for the MLG OSTs.
    These service information are 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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections). Compliance with 
these actions is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered, or repaired in the areas addressed 
by this proposed AD, the operator may not be able to accomplish the 
actions described in the revisions. In this situation, to comply with 
14 CFR 91.403(c), the operator must request approval for an alternative 
method of compliance according to paragraph (i) of this proposed AD. 
The request should include a description of changes to the required 
actions that will ensure the continued damage tolerance of the affected 
structure.

Proposed AD Requirements

    This proposed AD would require replacing the MLG OST and revising 
the maintenance or inspection program, as applicable, to incorporate 
new or more restrictive maintenance requirements and airworthiness 
limitations.

Costs of Compliance

    We estimate that this proposed AD affects 542 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement (left- and right-hand       24 work-hours x $85 per             * $0          $2,040      $1,105,680
 sides).                                 hour = $2,040.
----------------------------------------------------------------------------------------------------------------
* We have received no definitive data that would enable us to provide cost estimates for the parts cost in this
  AD.

    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although we 
recognize that this number may vary from operator to operator. In the 
past, we have estimated

[[Page 32217]]

that this action takes 1 work-hour per airplane. Since operators 
incorporate maintenance or inspection program changes for their 
affected fleet(s), we have determined that a per-operator estimate is 
more accurate than a per-airplane estimate. Therefore, we estimate 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.
    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 proposed 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 to the Director of the System Oversight 
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

Bombardier, Inc.: Docket No. FAA-2018-0634; Product Identifier 2018-
NM-050-AD.

(a) Comments Due Date

    We must receive comments by August 27, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc., airplanes specified in 
paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in 
any category.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) 
airplanes, serial numbers 10003 through 10345 inclusive.
    (2) Model CL-600-2D15 (Regional Jet Series 705) airplanes and 
Model CL-600-2D24 (Regional Jet Series 900) airplanes, serial 
numbers 15001 through 15429 inclusive.
    (3) Model CL-600-2E25 (Regional Jet Series 1000) airplanes, 
serial numbers 19001 through 19052 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of a fractured main landing gear 
(MLG) orifice support tube (OST). We are issuing this AD to address 
a fractured MLG OST, which can lead to structural damage to the 
airplane and collapse of the MLG.

(f) Compliance

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

(g) Replacement

    Within the compliance times specified in figure 1 to paragraph 
(g) of this AD: Replace each MLG OST, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin SB 670BA-
32-058, dated September 26, 2016.

[[Page 32218]]

[GRAPHIC] [TIFF OMITTED] TP12JY18.018

(h) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate 
Bombardier Temporary Revision ALI-0593, dated December 18, 2017. The 
initial compliance time for accomplishing the actions is at the 
applicable time specified in Bombardier Temporary Revision ALI-0593, 
dated December 18, 2017; or within 90 days after the effective date 
of this AD; whichever occurs later.

(i) No Alternative Actions or Intervals

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

(j) 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2018-02, dated January 16, 2018, 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-2018-0634.
    (2) For more information about this AD, contact Aziz Ahmed, 
Aerospace Engineer, Airframe and Mechanical Systems 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].
    (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 866-538-1247 or direct-dial 
telephone 514-855-2999; 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.

    Issued in Des Moines, Washington, on July 3, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-14804 Filed 7-11-18; 8:45 am]
 BILLING CODE 4910-13-P


