[Federal Register Volume 84, Number 210 (Wednesday, October 30, 2019)]
[Proposed Rules]
[Pages 58062-58066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23529]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0720; Product Identifier 2019-NM-117-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: The FAA proposes to supersede Airworthiness Directive (AD) 
2003-09-04 R1, which applies to certain Bombardier, Inc., Model CL-600-
2B19 (Regional Jet series 100 & 440) airplanes. AD 2003-09-04 R1 
requires revising the airworthiness limitations for certain structural 
inspections; repair if necessary; and submission of inspection findings 
to the airplane manufacturer. Since the FAA issued AD 2003-09-04 R1, 
the agency determined that additional airplanes are affected, that new 
or more restrictive airworthiness limitations are necessary, and that 
the compliance time must be revised to include a phase-in time for 
certain tasks. This proposed AD would revise the applicability to 
include additional airplanes; revise certain compliance times; and 
require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by December 
16, 2019.

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-

[[Page 58063]]

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 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 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.

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-2019-
0720; 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 is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer, 
Airframe and Mechanical Systems 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:

Comments Invited

    The FAA invites 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-2019-0720; 
Product Identifier 2019-NM-117-AD'' at the beginning of your comments. 
The agency specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. The 
FAA will consider all comments received by the closing date and may 
amend this proposed AD based on those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. 
The agency will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

Discussion

    The FAA issued AD 2003-09-04 R1, Amendment 39-13305 (68 FR 54985, 
September 22, 2003) (``AD 2003-09-04 R1''), for certain Bombardier 
Model CL-600-2B19 (Regional Jet series 100 & 440) airplanes. (AD 2003-
09-04 R1 revised AD 2003-09-04, Amendment 39-13133 (68 FR 22587, April 
29, 2003).) AD 2003-09-04 R1 requires revising the airworthiness 
limitations section of the Instructions for Continued Airworthiness to 
incorporate new structural inspection intervals for the pressure floor 
skin of the center fuselage at fuselage stations 460 and 513; repair if 
necessary; and submission of inspection findings to the airplane 
manufacturer. AD 2003-09-04 R1 resulted from a report of fatigue cracks 
on the pressure floor skin of the center fuselage at fuselage stations 
460 and 513. The FAA issued AD 2003-09-04 R1 to address fatigue cracks 
of the pressure floor skin of the center fuselage at fuselage stations 
460 and 513, which could result in failure of the pressure floor skin 
and consequent rapid decompression of the airplane during flight.

Actions Since AD 2003-09-04 R1 Was Issued

    Since the FAA issued AD 2003-09-04 R1, the agency has determined 
that the applicability must be revised to include additional airplane 
serial numbers, that new or more restrictive airworthiness limitations 
are necessary, and that the compliance time must be revised to include 
a phase-in time for certain airworthiness limitations tasks.
    Transport Canada Civil Aviation (TCCA), which is the civil aviation 
authority for Canada, has issued Canadian AD CF-2002-39R2, dated August 
15, 2019 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Bombardier Model CL-600-2B19 (Regional Jet series 
100 & 440) airplanes.
    This proposed AD was prompted by a report of fatigue cracks on the 
pressure floor skin of the center fuselage at fuselage stations 460 and 
513. The FAA is proposing this AD to address such fatigue cracks, which 
could result in failure of the pressure floor skin and consequent rapid 
decompression of the airplane during flight. See the MCAI for 
additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Bombardier CL-600-2B19 Temporary Revision 2B-
2265, dated July 19, 2018, to Appendix B--Airworthiness Limitations, of 
Part 2 of the Bombardier Maintenance Requirements Manual; and 
Bombardier CL-600-2B19 Temporary Revision 2B-2266, dated July 19, 2018, 
to Appendix B--Airworthiness Limitations, of Part 2 of the Bombardier 
Maintenance Requirements Manual. These temporary revisions describe 
airworthiness limitations for inspections of the pressure floor skin. 
These documents are distinct since they describe different 
airworthiness limitations.
    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.

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 the FAA's bilateral agreement with the State of Design Authority, 
the agency has been notified of the unsafe condition described in the 
MCAI and service information referenced above. The FAA is proposing 
this AD because the agency 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.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations.
    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 (k)(1) 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.

[[Page 58064]]

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI specifies that if there are findings from the 
airworthiness limitations section (ALS) inspection tasks, corrective 
actions must be accomplished in accordance with Bombardier maintenance 
documentation. However, this proposed AD does not include that 
requirement. Operators of U.S.-registered airplanes are required by 
general airworthiness and operational regulations to perform 
maintenance using methods that are acceptable to the FAA. The FAA 
considers those methods to be adequate to address any corrective 
actions necessitated by the findings of ALS inspections required by 
this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 37 airplanes 
of U.S. registry.
    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 agency 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 agency estimates the average 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 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 and associated appliances to the 
Director of the System Oversight Division.

Regulatory Findings

    The FAA 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) 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.

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 removing Airworthiness Directive (AD) 
2003-09-04 R1, Amendment 39-13305 (68 FR 54985, September 22, 2003), 
and adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2019-0720; Product Identifier 2019-
NM-117-AD.

(a) Comments Due Date

    The FAA must receive comments by December 16, 2019.

(b) Affected ADs

    This AD replaces AD 2003-09-04 R1, Amendment 39-13305 (68 FR 
54985, September 22, 2003) (``AD 2003-09-04 R1'').

(c) Applicability

    This AD applies to Bombardier Model CL-600-2B19 (Regional Jet 
series 100 & 440) airplanes, certificated in any category, serial 
numbers 7003 through 8999 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report of cracks occurring on the 
pressure floor skin at fuselage stations (FS) 460 and 513. The FAA 
is issuing this AD to address such fatigue cracks, which could 
result in failure of the pressure floor skin and consequent rapid 
decompression of the airplane during flight.

(f) Compliance

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

(g) Maintenance Program Revision for Serial Numbers 7003 Through 8079

    For airplane serial numbers 7003 through 8079 inclusive: Within 
30 days from the effective date this AD, revise the existing 
maintenance or inspection program, as applicable, by incorporating 
the information specified in Airworthiness Limitations (AWL) task 
number 53-41-149 of Bombardier CL-600-2B19 Temporary Revision 2B-
2265, dated July 19, 2018, to Appendix B--Airworthiness Limitations, 
of Part 2 of the Bombardier Maintenance Requirements Manual.
    (1) The initial compliance time for doing the task is at the 
time specified in figure 1 to paragraph (g) of this AD, or within 90 
days after the effective date of this AD, whichever occurs later.
    (2) For airplanes on which Bombardier Service Bulletin 601R-53-
067, Bombardier Service Bulletin 601R-53-077, and AWL task number 
53-41-194 have been done, the inspections in AWL task number 53-41-
149 are not required in the areas covered by doublers at FS460 and 
FS513.

[[Page 58065]]

[GRAPHIC] [TIFF OMITTED] TP30OC19.000

    (3) For airplanes on which the initial inspection has been 
accomplished at 18,325 or more total flight cycles, and no cracks 
were found, as of October 7, 2003 (the effective date of AD 2003-09-
04), the repetitive interval of 10,000 flight cycles starts from the 
completion date of the initial inspection.
    (4) For airplanes that were previously inspected using AWL task 
number 53-41-193, perform inspection in AWL task number 53-41-149 
within 10,000 flight cycles from the previously accomplished 
inspection.

(h) Maintenance Program Revision for Serial Numbers 8080 Through 8999

    (1) For airplane serial numbers 8080 through 8999 inclusive: 
Within 30 days from the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, by 
incorporating the information specified in AWL task number 53-41-193 
of Bombardier CL-600-2B19 Temporary Revision 2B-2266, dated July 19, 
2018, to Appendix B--Airworthiness Limitations, of Part 2 of the 
Bombardier Maintenance Requirements Manual. Except as specified in 
paragraph (h)(2) of this AD, the initial compliance time for doing 
the task is at the time specified in Bombardier CL-600-2B19 
Temporary Revision 2B-2266, dated July 19, 2018, to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier Maintenance 
Requirements Manual, or within 90 days after the effective date of 
this AD, whichever occurs later
    (2) For airplanes that were previously inspected using AWL task 
number 53-41-149, perform inspection in AWL task number 53-41-193 
within 10,000 flight cycles from the previously accomplished 
inspection.

(i) Corrective Actions

    If any crack is found during any inspection required by this AD, 
before further flight, do the actions specified in paragraphs (i)(1) 
and (2) of this AD.
    (1) Repair 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.
    (2) Revise the existing maintenance or inspection program, as 
applicable, by inserting a copy of the new airworthiness limitation 
and inspection requirements associated with the repair approved by 
the FAA, TCCA, or DAO specified in paragraph (i)(1) of this AD into 
Bombardier CL-600-2B19 Temporary Revision 2B-2265, dated July 19, 
2018, to Appendix B--Airworthiness Limitations, of Part 2 of the 
Bombardier Maintenance Requirements Manual; or Bombardier CL-600-
2B19 Temporary Revision 2B-2266, dated July 19, 2018, to Appendix 
B--Airworthiness Limitations, of Part 2 of the Bombardier 
Maintenance Requirements Manual; as applicable.

(j) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
required by paragraphs (g), (h), and (i)(2) of this AD, as 
applicable, no alternative actions (e.g., inspections) or intervals 
may be used unless the actions or intervals are approved as an AMOC 
in accordance with the procedures specified in paragraph (k)(1) of 
this AD.

(k) 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.
    (i) 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.
    (ii) AMOCs approved previously for AD 2003-09-04 R1 are approved 
as AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective

[[Page 58066]]

actions from a manufacturer, the action must be accomplished using a 
method approved by the Manager, New York ACO Branch, FAA; or TCCA; 
or Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval 
must include the DAO-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2002-39R2, dated August 15, 2019, 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-2019-0720.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, Airframe and Mechanical Systems 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.
    (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. 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 October 22, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-23529 Filed 10-29-19; 8:45 am]
BILLING CODE 4910-13-P


