[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Proposed Rules]
[Pages 71335-71338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27768]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0987; Product Identifier 2019-NM-144-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 adopt a new airworthiness directive (AD) 
for certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 
100 & 440) airplanes. This proposed AD was prompted by reports that 
during airplane wing fatigue testing, fatigue cracks were found on the 
lower right-hand-side wing plank at the end of the integrally machined 
stringers, which led to a determination that new or more restrictive 
airworthiness limitations are necessary. This proposed AD would 
require, for certain airplanes, revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. The FAA is proposing this

[[Page 71336]]

AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by February 
10, 2020.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-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., 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.

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-
0987; 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: Aziz Ahmed, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7329; 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-2019-0987; 
Product Identifier 2019-NM-144-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2019-21, dated May 15, 
2019 (referred to after this 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-2019-0987.
    This proposed AD was prompted by reports that during airplane wing 
fatigue testing, fatigue cracks were found on the lower right-hand-side 
wing plank at the end of the integrally machined stringers, which led 
to a determination that new or more restrictive airworthiness 
limitations are necessary. The FAA is proposing this AD to address 
undetected cracks on the lower wing plank at the stringer run-out, 
which could affect the structural integrity of the wing. See the MCAI 
for additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Nondestructive Testing Manual, CSP A-010, 
Revision 40, dated November 10, 2018. This service information 
describes airworthiness limitations for doing a special detailed 
inspection of the lower wing skin splice joints at buttock line (BL) 
45.00, wing station (WS) 65.75, and WS148.00. Bombardier has also 
issued Temporary Revision 2B-2273, dated October 31, 2019, to Appendix 
B--Airworthiness Limitations, of Part 2 of the Bombardier CL-600-2B19 
Maintenance Requirements Manual. This service information describes 
airworthiness limitations for doing an inspection for cracking on the 
lower wing plank at the stringer run-out. 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 FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA 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 proposed AD would require 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 
(j)(1) of this proposed AD.

Differences Between This Proposed AD and the MCAI

    Paragraph (h) of this proposed AD would require revising the 
maintenance/inspection program to incorporate Airworthiness Limitations 
(AWL) Task 57-21-169 for certain airplanes. The corresponding MCAI 
requirement specifies incorporating this task using Bombardier 
Temporary Revision 2B-2269, dated July 18, 2018, to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier CL-600-2B19 
Maintenance Requirements Manual. However, since the MCAI was issued, 
that service information has been revised to Temporary Revision 2B-
2273, dated October 31, 2019 (``Temporary Revision 2B-2273''). 
Temporary Revision 2B-2273 defines the compliance time threshold, which 
begins from the time the airplane entered into service. This

[[Page 71337]]

proposed AD would require incorporating Temporary Revision 2B-2273.

Costs of Compliance

    The FAA estimates that this proposed AD affects 464 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the FAA 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).
    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. As a result, the FAA has included 
all known costs in the 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.
    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 adding the following new airworthiness 
directive (AD):

Bombardier, Inc.: Docket No. FAA-2019-0987; Product Identifier 2019-
NM-144-AD.

(a) Comments Due Date

    The FAA must receive comments by February 10, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category, 
serial number 7003 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by reports that during airplane wing 
fatigue testing, fatigue cracks were found on the lower right-hand-
side wing plank at the end of the integrally machined stringers, 
which led to a determination that new or more restrictive 
airworthiness limitations are necessary. The FAA is issuing this AD 
to address undetected cracks on the lower wing plank at the stringer 
run-out, which could affect the structural integrity of the wing.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision for Task 57-21-112

    For airplanes on which Bombardier Service Bulletin 601R-57-044 
has not been done: Within 30 days after the effective date of this 
AD, revise the existing maintenance or inspection program, as 
applicable, to incorporate airworthiness limitations (AWL) task 57-
21-112, as specified in Bombardier Nondestructive Testing Manual, 
CSP A-010, Revision 40, dated November 10, 2018. The initial 
compliance time for doing the task is at the time specified in 
Bombardier Nondestructive Testing Manual, CSP A-010, Revision 40, 
dated November 10, 2018, or within 30 days after the effective date 
of this AD, whichever occurs later.

(h) Maintenance or Inspection Program Revision for Task 57-21-169

    For airplanes on which Bombardier Service Bulletin 601R-57-044 
has been done: Within 30 days after the effective date of this AD, 
revise the existing maintenance or inspection program, as 
applicable, to incorporate AWL task 57-21-169, as specified in 
Bombardier Temporary Revision 2B-2273, dated October 31, 2019, to 
Appendix B--Airworthiness Limitations, of Part 2 of the Bombardier 
CL-600-2B19 Maintenance Requirements Manual. The initial compliance 
time for doing the task is at the time specified in Bombardier 
Temporary Revision 2B-2273, dated October 31, 2019, to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier CL-600-2B19 
Maintenance Requirements Manual, or within 30 days after the 
effective date of this AD, whichever occurs later.

(i) No Alternative Actions or Intervals

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

(j) 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

[[Page 71338]]

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 instructions from a manufacturer, the instructions 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-2019-21, dated May 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-2019-0987.
    (2) For more information about this AD, contact Aziz Ahmed, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7329; 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 https://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 on December 17, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-27768 Filed 12-26-19; 8:45 am]
 BILLING CODE 4910-13-P


