[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Rules and Regulations]
[Pages 18704-18707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08915]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0792; Product Identifier 2018-NM-090-AD; Amendment 
39-19581; AD 2019-03-29]
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-100-1A10 airplanes. This AD was prompted by 
an incident of uncommanded nose wheel steering (NWS) in-service; 
subsequent investigation revealed that the steering selector valve 
(SSV) is susceptible to jamming in the open position due to particulate 
contamination of the hydraulic system. This AD requires modifying the 
left-hand hydraulic system of the NWS control system and, for certain 
airplanes, torqueing the

[[Page 18705]]

fittings on a certain tube assembly. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective June 6, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 6, 2019.

ADDRESSES: For service information identified in this final rule, 
contact Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-866-
538-1247 or direct-dial telephone 1-514-855-2999; email 
ac.yul@aero.bombardier.com; 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-2018-0792.

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-
0792; 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: 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 9-avs-nyaco-cos@faa.gov.

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-100-1A10 airplanes. The NPRM published in the Federal Register 
on September 17, 2018 (83 FR 46895). The NPRM was prompted by an 
incident of uncommanded NWS in-service; subsequent investigation 
revealed that the SSV is susceptible to jamming in the open position 
due to particulate contamination of the hydraulic system. The NPRM 
proposed to require modifying the left-hand hydraulic system of the NWS 
control system and, for certain airplanes, torqueing the fittings on a 
certain tube assembly.
    We are issuing this AD to address jamming of the SSV after 
independent failure of a second component of the NWS control system, 
which could result in uncommanded NWS and a possible runway excursion.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2018-11, dated April 5, 
2018 (referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Bombardier, Inc., Model BD-100-1A10 airplanes. The MCAI states:

    An incident of uncommanded nose wheel steering occurred in-
service. Subsequent investigation revealed that the steering 
selector valve (SSV) was vulnerable to jamming in the open position 
due to particulate contamination of the hydraulic system. If not 
corrected, a jam of the SSV, following the independent failure of a 
second component of the nose wheel steering system, could result in 
uncommanded nose wheel steering and a risk of runway excursion.
    This [Canadian] AD requires the incorporation of a hydraulic 
fluid filter in the line supplying pressure from the direct current 
motor pump to the nose wheel steering system [and, for certain 
airplanes, torqueing the fittings on a certain tube assembly].

    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-
0792.

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 Correct a Date for Receipt of Comments

    Bombardier requested that we correct a typographical error in the 
DATES section of the proposed AD. The proposed AD stated ``We must 
receive comments on this proposed AD by November 1, 20181.'' Bombardier 
noted that the sentence should state ``We must receive comments on this 
proposed AD by November 1, 2018.''
    We acknowledge this typographical error. However, the section 
containing this statement does not get carried over to this final rule. 
Therefore, we have not changed this AD regarding this issue.

Request To Update Contact Information

    Bombardier requested that we update their contact information in 
the ADDRESSES and Related Information sections of the proposed AD. 
Bombardier noted that their email and street addresses changed recently 
and updating them in our final rule would allow operators to contact 
Bombardier with questions.
    We agree with the commenter's request for the reasons stated. We 
have updated the contact information for Bombardier in the ADDRESSES 
section and paragraph (k)(3) of this AD.

Request To Provide an Exception to Certain Actions

    NetJets requested that we provide an exception to paragraph (g) of 
the proposed AD for airplanes having serial numbers 20720 and 20722. 
NetJets noted that the actions specified in Bombardier Service Bulletin 
350-32-007 were incorporated in accordance with Bombardier Service 
Bulletin 350-32-007 on those airplanes during production. NetJets added 
that the actions required by paragraph (h) of the proposed AD would 
still apply to those airplanes.
    We agree to clarify. Paragraph (g) of this AD only applies to 
airplanes not identified in paragraph (h) of this AD. Any airplane that 
has incorporated Bombardier Service Bulletin 350-32-007 dated January 
4, 2018; Revision 01, dated January 23, 2018; or Revision 02, dated 
March 14, 2018, as of the effective date of this AD must complete the 
actions required by paragraph (h) in this AD, but does not have to 
complete the actions specified in paragraph (g) of this AD. Therefore, 
this AD has not been changed with regard to this request.

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 change 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.

[[Page 18706]]

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 100-32-31, Revision 03; and 
Service Bulletin 350-32-007, Revision 03; both dated March 27, 2018. 
This service information describes procedures for modifying the left-
hand hydraulic system of the NWS control system by installing a 
hydraulic filter into the hydraulic line between the direct current 
motor pump and the SSV and, for certain airplanes, torqueing the 
fittings on a certain tube assembly. These documents are distinct since 
they apply to different airplane configurations.
    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 534 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
25 work-hours x $85 per hour = $2,125........................         $13,196          $15,321       $8,181,414
----------------------------------------------------------------------------------------------------------------

    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. We do not control warranty coverage for affected 
individuals. As a result, we have included all known 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:

    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):

2019-03-29 Bombardier, Inc.: Amendment 39-19581; Docket No. FAA-
2018-0792; Product Identifier 2018-NM-090-AD.

(a) Effective Date

    This AD is effective June 6, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, serial numbers 20002 
through 20744 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by an incident of uncommanded nose wheel 
steering (NWS) in-service; subsequent investigation revealed that 
the steering selector valve (SSV) is susceptible to jamming in the 
open position due to particulate contamination of the hydraulic 
system. We are issuing this AD to address jamming of the SSV after 
independent failure of a second component of the NWS control system, 
which could result in uncommanded NWS and a possible runway 
excursion.

(f) Compliance

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

(g) Modify Hydraulic System

    Except for airplanes identified in paragraph (h) of this AD: 
Within 2,000 flight cycles or 60 months after the effective date of 
this AD, whichever occurs first, modify the left-hand hydraulic 
system of the NWS control system by installing a hydraulic filter 
into the hydraulic line between the direct current motor pump and 
the SSV, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 100-32-31, Revision 03; or Bombardier 
Service Bulletin 350-32-007, Revision 03; both dated March 27, 2018; 
as applicable.

(h) Additional Action for Certain Airplanes

    For airplanes that have incorporated Bombardier Service Bulletin 
100-32-31,

[[Page 18707]]

dated January 4, 2018; Bombardier Service Bulletin 100-32-31, 
Revision 01, dated January 23, 2018; Bombardier Service Bulletin 
100-32-31, Revision 02, dated March 14, 2018; Bombardier Service 
Bulletin 350-32-007, dated January 4, 2018; Bombardier Service 
Bulletin 350-32-007, Revision 01, dated January 23, 2018; or 
Bombardier Service Bulletin 350-32-007, Revision 02, dated March 14, 
2018; as applicable, as of the effective date of this AD: Within 50 
flight hours after the effective date of this AD, torque the 
fittings on any tube assembly having part number K1000070395-401, in 
accordance with the ``Retroactive Action'' instructions of 
Bombardier Service Bulletin 100-32-31, Revision 03, or Bombardier 
Service Bulletin 350-32-007, Revision 03, both dated March 27, 2018, 
as applicable.

(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-2018-11, dated April 5, 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-2018-0792.
    (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 
9-avs-nyaco-cos@faa.gov.

(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 100-32-31, Revision 03, dated 
March 27, 2018.
    (ii) Bombardier Service Bulletin 350-32-007, Revision 03, dated 
March 27, 2018.
    (3) For service information identified in this AD, contact 
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email 
ac.yul@aero.bombardier.com; 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 February 22, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-08915 Filed 5-1-19; 8:45 am]
BILLING CODE 4910-13-P


