[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Rules and Regulations]
[Pages 7857-7860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02718]


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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; Amendment 
39-19831; AD 2020-02-19]
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 is superseding Airworthiness Directive (AD) 2003-09-04 
R1, which applied to certain Bombardier, Inc., Model CL-600-2B19 
(Regional Jet series 100 & 440) airplanes. AD 2003-09-04 R1 required 
revising the airworthiness limitations for certain structural 
inspections; repair if necessary; and submission of inspection findings 
to the airplane manufacturer. This AD revises the applicability to 
include additional airplanes; revises certain compliance times; and 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. This AD was prompted by a report of fatigue cracks 
occurring on the pressure floor skin at fuselage stations (FS) 460 and 
513. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective March 18, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 18, 
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 https://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-2019-0720.

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-
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 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 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:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2002-39R2, dated August 
15, 2019 (also 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. 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-2019-0720.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2003-09-04 R1, Amendment 39-13305 (68 FR 
54985, September 22, 2003) (``AD 2003-09-04 R1''). AD 2003-09-04 R1 
applied to certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet 
series 100 & 440) airplanes. The NPRM published in the Federal Register 
on October 30, 2019 (84 FR 58062). The NPRM was prompted by a report of 
fatigue cracks occurring on the pressure floor skin at FS 460 and 513. 
The NPRM proposed to 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 issuing this AD to address 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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comment received 
on the NPRM and the FAA's response to each comment.

Request To Revise Certain Language

    SkyWest Airlines requested that the FAA revise certain language in 
the proposed AD. SkyWest Airlines suggested that the wording in 
paragraph (i)(2) of the proposed AD be revised to more closely match 
the wording in paragraph (c)(2) of AD 2003-09-04 R1. SkyWest Airlines 
noted that paragraph (i)(2) of the proposed AD states that new 
airworthiness limitations and inspection requirements are to be 
inserted into a Bombardier Temporary Revision, but Temporary Revisions 
are issued and controlled by Bombardier. SkyWest Airlines stated that 
it appears that the intent of paragraph (i)(2) of the proposed AD is to 
track the additional airworthiness limitations and inspection 
requirements introduced by the repair described in paragraph (i)(1) of 
the proposed AD.
    The FAA agrees to clarify. The FAA has revised paragraph (i) of 
this AD to clarify that operators must comply with any repair 
instructions, including any new airworthiness limitations and 
inspection requirements, approved by the FAA, TCCA, or Bombardier, 
Inc.'s TCCA Design Approval Organization (DAO). As part of this 
clarification, the FAA revised the content that was in paragraph (i)(2) 
of the proposed AD, combined the content of paragraph (i)(1) with the 
revised content of paragraph (i)(2), and moved that combined content 
into paragraph (i) of this AD (eliminating paragraphs (i)(1) and (2) of 
the proposed AD).

[[Page 7858]]

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 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.

Costs of Compliance

    The FAA estimates that this 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.

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

2020-02-19 Bombardier, Inc.: Amendment 39-19831; Docket No. FAA-
2019-0720; Product Identifier 2019-NM-117-AD.

(a) Effective Date

    This AD is effective March 18, 2020.

(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, Inc., 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 fatigue 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 specified in Bombardier CL-600-2B19 Airworthiness 
Requirements 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)(1) of this AD, or within 
90 days after the effective date of this AD, whichever occurs later.

[[Page 7859]]

[GRAPHIC] [TIFF OMITTED] TR12FE20.000

    (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.
    (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 an inspection using the information 
specified in AWL task number 53-41-149, provided in Bombardier CL-
600-2B19 Airworthiness Requirements Temporary Revision 2B-2265, 
dated July 19, 2018, to Appendix B--Airworthiness Limitations, of 
Part 2 of the Bombardier Maintenance Requirements Manual, 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 
specified in Bombardier CL-600-2B19 Airworthiness Limitations 
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 Airworthiness Requirements 
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 an inspection by incorporating the 
information specified in AWL task number 53-41-193, provided in 
Bombardier CL-600-2B19 Airworthiness Requirements Temporary Revision 
2B-2265, dated July 19, 2018, to Appendix B--Airworthiness 
Limitations, of Part 2 of the Bombardier Maintenance Requirements 
Manual, 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, 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), and accomplish any repair instructions, 
including any new airworthiness limitations and inspection 
requirements accordingly. If approved by the DAO, the approval must 
include the DAO-authorized signature.

(j) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
required by paragraphs (g), (h), and (i) 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.

[[Page 7860]]

    (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 instructions from a manufacturer, the instructions 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 https://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.

(m) 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 CL-600-2B19 Maintenance Requirements Temporary 
Revision 2B-2265, dated July 19, 2018, to Appendix B--Airworthiness 
Limitations, of Part 2 of the Bombardier Maintenance Requirements 
Manual.
    (ii) Bombardier CL-600-2B19 Maintenance Requirements Temporary 
Revision 2B-2266, dated July 19, 2018, to Appendix B--Airworthiness 
Limitations, of Part 2 of the Bombardier Maintenance Requirements 
Manual.
    (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 https://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 January 27, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-02718 Filed 2-11-20; 8:45 am]
 BILLING CODE 4910-13-P


