[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Rules and Regulations]
[Pages 67830-67832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26738]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0584; Product Identifier 2019-NM-096-AD; Amendment 
39-19809; AD 2019-23-15]
RIN 2120-AA64


Airworthiness Directives; Airbus Canada Limited Partnership (Type 
Certificate Previously Held by C Series Aircraft Limited Partnership 
(CSALP); 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 
certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. This AD was prompted by a determination that new or 
more restrictive airworthiness limitations are necessary. This AD 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective January 16, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 16, 
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; phone: 514-855-5000; fax: 514-855-7401; 
email: thd.crj@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 https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0584.

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-
0584; 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: Andrea Jimenez, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-7330; fax: 
516-794-5531; email: 9-avs-nyaco-cos@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2019-14R1, dated 
September 11, 2019 (``AD CF-2019-14R1'') (also referred to as the 
Mandatory Continuing Airworthiness Information, or ``the

[[Page 67831]]

MCAI''), to correct an unsafe condition for certain Airbus Canada 
Limited Partnership Model BD-500-1A10 and BD-500-1A11 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-
0584.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus Canada 
Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. The 
NPRM published in the Federal Register on August 5, 2019 (84 FR 37976). 
The NPRM was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. The NPRM proposed to require 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. The 
FAA is issuing this AD to address reduced structural integrity of the 
airplane or reduced controllability of the airplane. See the MCAI for 
additional background information.
    The NPRM referred to Canadian AD CF-2019-14, dated April 5, 2019. 
Since the FAA issued the NPRM, TCCA has issued Canadian AD CF-2019-
14R1, dated September 11, 2019, which has no significant changes that 
affect this AD.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has received no comments on the 
NPRM or on the determination of the cost to the public.

Conclusion

    The FAA has reviewed the relevant data 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:
     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.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued C Series Airworthiness Limitations, BD500-
3AB48-11400-02, Issue 009.00, dated June 6, 2019. This service 
information describes airworthiness limitations for fuel tank systems, 
safe life limits, and certification maintenance requirements. 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 13 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 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).

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):

2019-23-15 Airbus Canada Limited Partnership (Type Certificate 
previously held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-19809; Docket No. FAA-2019-0584; 
Product Identifier 2019-NM-096-AD.

(a) Effective Date

    This AD is effective January 16, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership (Type 
Certificate previously held by C Series Aircraft Limited Partnership 
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11 
airplanes, certificated in any category, identified in paragraphs 
(c)(1) and (2) of this AD.
    (1) Model BD-500-1A10 airplanes, serial numbers 50001 and 
subsequent with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before June 6, 
2019.
    (2) Model BD-500-1A11 airplanes, serial numbers 55001 and 
subsequent with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before June 6, 
2019.

[[Page 67832]]

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to prevent reduced structural integrity of the 
airplane or reduced controllability of the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Bombardier C Series 
Airworthiness Limitations, BD500-3AB48-11400-02, Issue 009.00, dated 
June 6, 2019. The initial compliance time for doing the tasks is at 
the time specified in Bombardier C Series Airworthiness Limitations, 
BD500-3AB48-11400-02, Issue 009.00, dated June 6, 2019, or within 90 
days after the effective date of this AD, whichever occurs later.

(h) No Alternative Actions, Intervals, or Critical Design Configuration 
Control Limitations (CDCCLs)

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections), intervals, or CDCCLs may be used unless 
the actions, intervals, and CDCCLs 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; phone: 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 Airbus 
Canada Limited Partnership'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-2019-14R1, dated September 11, 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-2019-0584.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone: 516-228-7330; 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 C Series Airworthiness Limitations, BD500-3AB48-
11400-02, Issue 009.00, dated June 6, 2019.
    (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; phone: 514-855-5000; fax: 514-855-
7401; email: thd.crj@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 in Des Moines, Washington, on November 26, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-26738 Filed 12-11-19; 8:45 am]
 BILLING CODE 4910-13-P


