[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11286-11289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03967]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0526; Product Identifier 2019-NM-023-AD; Amendment 
39-19841; AD 2020-03-17]
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 superseding Airworthiness Directive (AD) 2015-24-04, 
which applied to certain Bombardier, Inc., Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, 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. AD 2015-24-04 
required repetitive inspections of the cage assembly for damaged or 
detached window louver panel assemblies (WLPAs) and blowout panels 
(BOPs), and corrective actions if necessary. This AD requires one-time 
inspections of the WLPAs and BOPs, corrective actions if necessary, and 
a revision of the existing maintenance or inspection program, as 
applicable, to incorporate new airworthiness limitations, which would 
terminate the inspection requirement. This AD was prompted by a 
determination that new airworthiness limitations, as well as additional 
actions, are necessary to address the unsafe condition. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective April 2, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 2, 
2020.

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 ac.yul@aero.bombardier.com; 
internet http://www.bombardier.com. You may view this referenced 
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 https://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0526.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0526; 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 9-avs-nyaco-cos@faa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 11287]]

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2015-28R2, dated 
February 4, 2019 (referred to as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes, 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. You may examine the MCAI in the 
AD docket on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0526.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2015-24-04, Amendment 39-18336 (80 FR 
74673, November 30, 2015) (``AD 2015-24-04''). AD 2015-24-04 applied to 
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes, 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 NPRM published in the Federal 
Register on September 20, 2019 (84 FR 49484). The NPRM was prompted by 
a determination that new airworthiness limitations, as well as 
additional actions, are necessary to address the unsafe condition. The 
NPRM proposed to require one-time inspections of the WLPAs and BOPs, 
corrective actions if necessary, and a revision of the existing 
maintenance or inspection program, as applicable, to incorporate new 
airworthiness limitations, which would terminate the inspection 
requirement. The FAA is issuing this AD to address damaged or detached 
WLPAs and BOPs, which could delay smoke detection in the cargo 
compartment in the event of a fire and result in an uncontrolled fire 
in the cargo compartment. See the MCAI for additional background 
information.

Action Since the NPRM Was Issued

    Since the NPRM was issued, the FAA has determined that the 
applicability identified in paragraph (c) of this AD needs to be 
revised to better identify the affected airplanes. Therefore, the FAA 
has revised paragraph (c) of this AD to add that affected airplanes 
have a Class C cargo compartment configuration, which matches the 
applicability in the MCAI. This revision does not change the number of 
affected airplanes of U.S. registry.

Comments

    The FAA 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 the comments.

Support for the NPRM

    The Air Line Pilots Association, International indicated its 
support for the NPRM.

Request for Clarification of Global Alternative Method of Compliance 
(AMOC)

    Air Wisconsin Airlines requested clarification that the content and 
intent of Global AMOC 2015-24-04, Log #19-02, dated February 13, 2019, 
is acceptable for the repetitive inspections specified in the proposed 
AD. Air Wisconsin stated that the section of the global AMOC which 
states, in part, ``Operators shall perform the initial inspection and 
phase-in schedule per SB 601R-25-201 and SB 670BA-25-100, as mandated 
by AD and continue with the instructions as per published airplane 
maintenance manual (AMM) tasks . . .'' which are ``. . . AMM Task 25-
50-00-220-801 and AMM Task 25-50-00-220-803, in lieu of the 
accomplishment instructions specified in SB 601R-25-201 and SB 670BA-
25-100.'' Air Wisconsin concluded that paragraph (j) of the proposed AD 
does not indicate any previously approved AMOCs are acceptable, or 
specify the method of compliance for repetitive inspections, although 
implied through the required implementation of Certification 
Maintenance Requirements (CMR) Task C26-25-115-01 and Maintenance 
Review Manual (MRM) Task 255000-208.
    The FAA acknowledges the commenter's concern and provides the 
following clarification. Global AMOC 2015-24-04, Log #19-02, dated 
February 13, 2019, was issued specifically for the actions required by 
AD 2015-24-04, which is superseded by this final rule. This AD already 
incorporates CMR Task C26-25-115-01, as specified in Bombardier CL-600-
2B19 Temporary Revision (TR) 2A-69, dated August 30, 2018 (required by 
paragraph (g)(2) of this AD), and MRM Task 255000-208, as specified in 
CRJ Series Regional Jet (Bombardier) TR MRB-0079, dated May 29, 2017 
(required by paragraph (h)(2) of this AD). Accomplishing the actions 
required by paragraphs (g)(2) and (h)(2) of this AD terminates the 
repetitive inspections specified in paragraphs (g)(1) and (h)(1) of 
this AD, which require the inspections be done in accordance with 
Bombardier Service Bulletins 601R-25-201 and 670BA-25-100, both 
Revision C, both dated May 11, 2017. Therefore, this AD has not been 
changed in this regard.

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 with the change described previously 
and minor editorial changes. The FAA has 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.
    The FAA 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 the following service information:
     Bombardier Service Bulletin 601R-25-201, Revision C, dated 
May 11, 2017.
     Bombardier Service Bulletin 670BA-25-100, Revision C, 
dated May 11, 2017.

This service information describes procedures for repetitive detailed 
inspections for damage of the cage assembly, WLPAs, and BOPs, and 
repair or replacement of damaged parts. These documents are unique 
since they apply to different airplane models.
    Bombardier has also issued the following service information:
     Bombardier CL-600-2B19 Temporary Revision (TR) 2A-69, 
dated August 30, 2018.
     CRJ Series Regional Jet (Bombardier) TR MRB-0079, dated 
May 29, 2017.
    This service information describes an airworthiness limitation task 
for a detailed inspection of the aft cargo compartment WLPAs and BOPs. 
These TRs are unique 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.

[[Page 11288]]

Costs of Compliance

    The FAA estimates that this AD affects 1,008 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained Inspections from AD 2015-24-   2 work-hours x $85 per                $0            $170        $171,360
 04.                                     hour = $170.
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* Table does not include estimated costs for revising the maintenance or inspection program.

    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
agency 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).
    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this AD.

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.

Regulatory Findings

    The FAA 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) 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 removing Airworthiness Directive (AD) 
2015-24-04, Amendment 39-18336 (80 FR 74673, November 30, 2015), and 
adding the following new AD:

2020-03-17 Bombardier, Inc.: Amendment 39-19841; Docket No. FAA-
2019-0526; Product Identifier 2019-NM-023-AD.

(a) Effective Date

    This AD is effective April 2, 2020.

(b) Affected ADs

    This AD replaces AD 2015-24-04, Amendment 39-18336 (80 FR 74673, 
November 30, 2015) (``AD 2015-24-04'').

(c) Applicability

    This AD applies to the Bombardier, Inc., airplanes, certificated 
in any category, identified in paragraphs (c)(1) through (4) of this 
AD, with a Class C cargo compartment configuration.
    (1) Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, 
serial numbers 7003 and subsequent.
    (2) Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) 
airplanes, serial numbers 10002 and subsequent.
    (3) Model CL-600-2D15 (Regional Jet Series 705) airplanes and 
Model CL-600-2D24 (Regional Jet Series 900) airplanes, serial 
numbers 15001 and subsequent.
    (4) Model CL-600-2E25 (Regional Jet Series 1000) airplanes, 
serial numbers 19001 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Reason

    This AD was prompted by reports of damaged decompression window 
louver panel assemblies (WLPAs), and detached blowout panels (BOPs). 
The FAA is issuing this AD to address damaged or detached WLPAs and 
BOPs. A detached WLPA or BOP could delay smoke detection in the 
cargo compartment in the event of a fire, and could result in an 
uncontrolled fire in the cargo compartment.

(f) Compliance

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

(g) Inspections, Corrective Action, and Terminating Action for Model 
CL-600-2B19 Airplanes

    (1) At the applicable time specified in paragraph (g)(1)(i) or 
(ii) of this AD: Do detailed inspections for damaged or detached 
WLPAs, and do all applicable corrective actions before further 
flight, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-25-201, Revision C, dated May 11, 
2017.
    (i) For airplanes with the accumulation of 780 total flight 
hours or more as of December 15, 2015 (the effective date of AD 
2015-24-04): Inspect within 100 flight hours after December 15, 
2015.
    (ii) For airplanes that have accumulated less than 780 total 
flight hours as of December 15, 2015 (the effective date of AD 2015-
24-04): Inspect before accumulating 880 total flight hours after 
December 15, 2015.
    (2) 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 Task C26-25-115-01, 
``Detailed Inspection of the Window Louver Panel Assembly (WLPA) in 
Aft Cabin/Cargo Compartment Bulkhead,'' provided in Bombardier CL-
600-2B19

[[Page 11289]]

Temporary Revision (TR) 2A-69, dated August 30, 2018 (which is a TR 
to Appendix A--Certification Maintenance Requirements (CMR), of Part 
2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual 
(MRM), CSP-A-053). The initial compliance time for accomplishing the 
task is within 880 flight hours from the last inspection performed 
as specified in Bombardier Service Bulletin 601R-25-201, Revision C, 
dated May 11, 2017. Accomplishing the actions required by this 
paragraph terminates the inspection requirement in paragraph (g)(1) 
of this AD.

(h) Inspections, Corrective Action, and Terminating Action for Model 
CL-600-2C10, CL-600-2D15, CL-600-2D24, and CL-600-2E25 Airplanes

    (1) At the applicable time specified in paragraph (h)(1)(i) or 
(ii) of this AD: Do detailed inspections for damaged or detached 
WLPAs and BOPs, and do all applicable corrective actions before 
further flight, in accordance with the Accomplishment Instructions 
of Bombardier Service Bulletin 670BA-25-100, Revision C, dated May 
11, 2017.
    (i) For airplanes with the accumulation of 780 total flight 
hours or more as of December 15, 2015 (the effective date of AD 
2015-24-04): Inspect within 100 flight hours after December 15, 
2015.
    (ii) For airplanes that have accumulated less than 780 total 
flight hours as of December 15, 2015 (the effective date of AD 2015-
24-04): Inspect before accumulating 880 total flight hours after 
December 15, 2015.
    (2) 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 Task 255000-208, ``Detailed 
Inspection of the Aft Cargo Compartment Window-Louver Panel Assembly 
and Blowout Panels Along with Their Respective Cage Assemblies,'' as 
specified in CRJ Series Regional Jet (Bombardier) TR MRB-0079, dated 
May 29, 2017 (which is a TR to Part 1 of the Bombardier CRJ Series 
Regional Jet MRM, CSP B-053). The initial compliance time for 
accomplishing the task is within 880 flight hours from the last 
inspection performed in accordance with Bombardier Service Bulletin 
670BA-25-100, Revision C, dated May 11, 2017. Accomplishing the 
actions required by this paragraph terminates the inspection 
requirement in paragraph (h)(1) of this AD.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g)(1) of this AD, if those actions were performed before 
the effective date of this AD using the service information 
identified in paragraphs (i)(1)(i) through (iii) of this AD.
    (i) Bombardier Service Bulletin 601R-25-201, dated July 21, 
2015, which was incorporated by reference in AD 2015-24-04, 
Amendment 39-18336 (80 FR 74673, November 30, 2015).
    (ii) Bombardier Service Bulletin 601R-25-201, Revision A, dated 
October 21, 2015, which is not incorporated by reference in this AD.
    (iii) Bombardier Service Bulletin 601R-25-201, Revision B, dated 
February 2, 2016, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for actions required by 
paragraph (h)(1) of this AD, if those actions were performed before 
the effective date of this AD using the service information 
identified in paragraphs (i)(2)(i) through (iii) of this AD.
    (i) Bombardier Service Bulletin 670BA-25-100, dated July 21, 
2015, which was incorporated by reference in AD 2015-24-04, 
Amendment 39-18336 (80 FR 74673, November 30, 2015).
    (ii) Bombardier Service Bulletin 670BA-25-100, Revision A, dated 
October 21, 2015, which is not incorporated by reference in this AD.
    (iii) Bombardier Service Bulletin 670BA-25-100, Revision B, 
dated February 2, 2016, which is not incorporated by reference in 
this AD.

(j) Other FAA AD Provisions

    (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.
    (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-2015-28R2, dated February 4, 2019; for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2019-0526.
    (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.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (4) 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.
    (i) Bombardier Service Bulletin 601R-25-201, Revision C, dated 
May 11, 2017.
    (ii) Bombardier Service Bulletin 670BA-25-100, Revision C, dated 
May 11, 2017.
    (iii) Bombardier CL-600-2B19 Temporary Revision 2A-69, dated 
August 30, 2018.
    (iv) CRJ Series Regional Jet (Bombardier) Temporary Revision 
MRB-0079, dated May 29, 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; 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 
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, email fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 12, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-03967 Filed 2-26-20; 8:45 am]
BILLING CODE 4910-13-P


