AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc. Model CL-215-1A10, CL-215-6B11 (CL-215T Variant), and
CL-215-6B11 (CL-415 Variant) airplanes. This AD was prompted by reports
of cracked or broken support bracket assemblies of the emergency water
dump pulley. This AD requires inspecting the bracket assembly of the
emergency water dump pulley to determine if certain rivets are
installed; replacing rivets and installing new stiffeners on the
bracket assembly, if necessary; inspecting the stiffeners for the
bracket assembly for cracks, deformation, or corrosion, and replacement
if necessary; and re-installing the bracket assembly with radius
packers. We are issuing this AD to detect and correct failure of the
support bracket assembly of the emergency water dump pulley, and in
combination with other system failures, such as an engine failure
during take off or a pitch control system jam, may result in loss of
controllability of the airplane.

DATES: This AD becomes effective April 24, 2012.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 24,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Andreas Rambalakos, Aerospace
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New
York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone (516) 228-7345; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 10, 2011 (76 FR
34014). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

The emergency water dump pulley support bracket assembly, Part
Number (P/N) 215-94711-2, has been found cracked or broken on a
number of aeroplanes. Failure of the emergency water dump pulley
support bracket assembly in combination with other system failures
such as an engine failure during take off or pitch control system
jam, may result in a loss of control of the aeroplane.
Revision 2 of this [Transport Canada Civil Aviation (TCCA)] AD
is issued to ensure that terminating action for this [TCCA] AD is
carried out prior to the 2011 fire season.

The required actions include a general visual inspection to determine
if either universal solid (round head) rivets or flush rivets of the
bracket assembly of the emergency water dump pulley are installed;
replacing the solid rivets with flush rivets and installing new
stiffeners on the bracket assembly of the emergency water dump pulley,
if necessary; a detailed inspection and a liquid penetrant inspection
of the stiffeners for cracks, deformations, or signs of corrosion, and
replacing the stiffeners with new stiffeners if necessary; and re-
installing the bracket assembly of the emergency water dump pulley
using radius packers. You may obtain further information by examining
the MCAI in the AD docket.

Comments

We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Extend Proposed Compliance Time for Replacing Damaged
Stiffeners for Airplanes Used in Utility-Category Flight Operations

Aero-Flite, Inc. stated that it does not find that a reduction in
operational safety exists for utility-category flight operations where
the water tanks remain empty and the emergency water dump system becomes
inoperative. Aero-Flite, Inc. stated that its review of the airplane flight manual
emergency and abnormal procedures for Model CL-215 airplanes conducting
restricted category operations revealed that the emergency water dump
system is required as a back up in the event of failure of the electro-
hydraulic water door system. Aero-Flite, Inc. also stated that
prohibiting all flight operations if cracks, signs of corrosion, or
deformation of the stiffeners is found during inspection creates an
unnecessary burden for the operator, affecting mission availability and
increasing the cost of compliance without providing a meaningful
improvement in safety. Aero-Flite, Inc. stated the changes will allow
the operator to plan for utility-category flight mission requirements.
Aero-Flite, Inc. recommended that all flight limitations contained
in the NPRM (76 FR 34014, June 10, 2011) be changed to consider that
water or fire retardant must be in the tanks for the unsafe condition
to exist. Therefore, Aero-Flite, Inc. suggested that all occurrences of
``before further flight'' (specified in paragraphs (i) and (j) of the
NPRM) be changed to ``before further approved restricted category
operations with water or fire retardant in the tanks including scooping
operations.''
We do not agree. Per the type certificate data sheet for Model CL-
215-1A10, CL-215-6B11 (CL-215T Variant), and CL-215-6B11 (CL-415
Variant) airplanes, these airplanes are certificated in the restricted
category only and therefore no reference can be made to utility-
category operations. In addition, because of the safety implications
and consequences associated with cracking, our policy requires repair
of known cracks, deformation, and signs of corrosion, before further
flight. This policy is based on the fact that such damaged airplanes do
not conform to the FAA-certificated type design and, therefore, are not
airworthy until a properly approved repair is made. While we recognize
that repair deferrals might be necessary in certain cases of unusual
need, routinely deferring repairs could reduce the safety of the type
certificated design if such repair deferrals are practiced routinely.
We have not changed the AD regarding this issue.

Request To Extend the Compliance Time for the Liquid Penetrant
Inspection and Re-Installing the Bracket Assembly of the Emergency
Water Dump Pulley

Aero-Flite, Inc. requested that we change the compliance time in
paragraph (j) of the NPRM (76 FR 34014, June 10, 2011) to ``Within 100
flight cycles or 120 days after the effective date of this AD or as of
November 1, 2011, whichever occurs later.'' Aero-Flite, Inc. stated
that it finds that the compliance time specified in paragraph (j) of
this NPRM may provide an unnecessary burden for the operator, resulting
in airplanes becoming unavailable, and risking substantial loss of
property and life from wild fires without providing a meaningful
improvement in airplane operational safety.
We disagree with extending the compliance time for the liquid
penetrant inspection and re-installing the bracket assembly of the
emergency water dump pulley. In developing an appropriate compliance
time for the actions specified in paragraph (j) of this AD, we
considered the safety implications, parts availability, and normal
maintenance schedules for the timely accomplishment of the specified
actions. We have determined that the proposed compliance time will
ensure an acceptable level of safety and allow the actions to be done
during scheduled maintenance intervals for most affected operators. In
addition, investigations by Bombardier have revealed that the cracked
support bracket assemblies did not pass limit and ultimate load
conditions. Because this is a strength issue, Bombardier recommends
replacement of affected parts followed by installation of radius
packers to strengthen the support bracket assembly, which would
terminate the need for repetitive inspections. Affected operators,
however, may request an alternative method of compliance (AMOC) under
the provisions of paragraph (1)(1) of this AD by submitting data
substantiating that the change would provide an acceptable level of
safety. We have not changed this AD in this regard.

Request To Use an Optional Service Inspection

Aero-Flite, Inc. requested that we revise paragraph (l) of the NPRM
(76 FR 34014, June 10, 2011) to add an optional visual inspection for
the exposed areas of the stiffeners, paying special attention to the
identified critical locations (removing the bolt from the critical bolt
hole and inspect the hole).
Aero-Flite, Inc. stated that accomplishing the repetitive
inspections in accordance with Bombardier Service Bulletin 215-A543,
Revision 1, dated June 23, 2010, requires removal of the bracket
assembly from the airplane. Aero-Flite, Inc. stated that it finds that
the repetitive visual inspections of the critical locations on the
stiffeners can be accomplished without removing the bracket assembly
and without substantial systems disassembly by removing the fastener
common to the triangular flange. Aero-Flite, Inc. also stated that
mandating removal of the bracket assembly to conduct visual inspections
creates a burden on the operator, which may affect fire fighting
mission availability, and increase the cost of compliance without
providing a meaningful improvement in safety.
We disagree with the request to use an optional visual inspection.
Bombardier has only validated the required inspections in Bombardier
Service Bulletin 215-A543, Revision 1, dated June 23, 2010. We have not
received sufficient technical information from Bombardier validating
that a visual inspection without removing the bracket assembly would
identify the unsafe condition. Affected operators, however, may request
an AMOC under the provisions of paragraph (l)(1) of this AD by
submitting data substantiating that the change would provide an
acceptable level of safety. We have not changed this AD in this regard.

Request To Use Optional Surface Eddy Current Inspection

Aero-Flite, Inc. recommends that we revise paragraph (j)(1) of the
NPRM (76 FR 34014, June 10, 2011) to include an optional surface eddy
current inspection for detecting cracks, corrosion, and deformation of
the stiffeners.
Aero-Flite, Inc. stated that the liquid penetrant inspection
specified in the NPRM (76 FR 34014, June 10, 2011) seems to eliminate
an equivalent inspection, such as a surface eddy current inspection for
detecting cracks, and a visual inspection for corrosion and
deformation. Aero-Flite, Inc. also stated that general surface eddy
current inspection procedures are published in the Bombardier CL-215
nondestructive testing manual, and that the procedures can be used to
detect cracks in the stiffeners with an accuracy that is at least
equivalent to liquid penetrant inspection procedure. Aero-Flite, Inc.
stated that using a visual inspection for signs of corrosion allows the
inspector to look for loose paint, discoloration of the surface, or
variations in surface roughness, and that a visual inspection provides
detection that is equivalent to the liquid penetrant inspection. Aero-Flite,
Inc. stated that requiring the operator to inspect the stiffeners only using
liquid penetrant may create a burden on the operator that may affect fire
fighting mission availability and increase the cost of compliance without
providing an improvement in safety.
We disagree with the request to use an optional surface eddy
current inspection. Bombardier has only validated the required
inspections in Bombardier Service Bulletin 215-A543, Revision 1, dated
June 23, 2010. We have not received sufficient technical information
from Bombardier validating that an inspection other than visual would
identify the unsafe condition. Affected operators, however, may request
an optional inspection under the provisions of paragraph (l)(1) of this
AD by submitting data substantiating that the change would provide an
acceptable level of safety. We have not changed this AD in this regard.

Requests To Allow Use of Locally or Operator Fabricated Parts

Aero-Flite, Inc. requested that we revise paragraph (j)(2) of the
NPRM (76 FR 34014, June 10, 2011) to allow operators to install owner/
operator fabricated replacement parts.
Aero-Flite, Inc. stated that the requirement for replacing
defective stiffeners with new stiffeners, and using original equipment
manufacturer radius packers appears to eliminate the possibility of
using engineering dispositions for serviceable stiffeners or fabricated
radius packers. Aero-Flite, Inc. also stated that it finds that
installing locally fabricated stiffeners and radius packers will not
reduce the level of safety achieved, and that requiring the operator to
install only new parts and radius packers purchased from the OEM may
create a burden on the operator that may affect fire fighting mission
availability and increase the cost of compliance without providing an
improvement in safety.
We disagree with the request to use locally or operator fabricated
parts. The requested list of non-OEM substitute parts and materials is
extensive and uncontrolled--and, in many cases, not FAA-approved. An
operator may request approval of an AMOC in accordance with the
provisions of paragraph (l)(1) of this AD. We have not changed this AD
regarding this issue.

Explanation of Change Made to This AD

We have revised the heading for and the wording in paragraph (k) of
this AD; this change has not changed the intent of that paragraph.

Conclusion

We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed--except for minor editorial changes. We have
determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (76 FR 34014, June 10, 2011) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 34014, June 10, 2011).

Differences Between This AD and the MCAI or Service Information

This AD differs from the MCAI and/or service information as
follows:
Although Canadian Airworthiness Directive CF-2010-38R2, dated March
17, 2011, has a compliance time of ``No later than 01 June 2011,'' for
Part II--Terminating Action, this AD has a compliance time for a
terminating action of ``Within 100 flight cycles or 60 days after the
effective date of this AD, whichever occurs first.'' We have
coordinated this difference with Transport Canada Civil Aviation
(TCCA).
Although Canadian Airworthiness Directive CF-2010-38R2, dated March
17, 2011, has an initial compliance time of ``within 50 flight cycles
after the effective date of this AD'' for identifying the type of rivet
installed, this AD has a compliance time of ``within 50 flight cycles
or 30 days after the effective date of this AD, whichever occurs
first.'' In addition, the follow-on inspections in paragraph (i) of
this AD for airplanes on which flush rivets are determined to be
installed, is ``within 100 flight cycles or 60 days after the effective
date of this AD, whichever occurs first.'' We have coordinated this
difference with TCCA.

Costs of Compliance

We estimate that this AD will affect 6 products of U.S. registry.
We also estimate that it will take about 40 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $20,400, or $3,400 per product.
We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in this AD. We
have no way of determining the number of products that may need these
actions.

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.
We are 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

We 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov;
or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

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

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]

2. The FAA amends Sec. 39.13 by adding the following new AD: