DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0424; Directorate Identifier 2014-NM-003-AD;
Amendment 39-17976; AD 2014-20-03]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

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 BD-700-1A10 and BD-700-1A11 airplanes. This AD
was prompted by reports of an incorrectly assembled check tee fitting
used in fire extinguishing (FIREEX) distribution lines. This AD
requires inspecting to determine the part number and for all affected
check tee fittings measuring for correct depth, and replacing if
necessary. We are issuing this AD to detect and correct faulty check
tee fittings, which will reduce fire extinguishing protection.

DATES: This AD becomes effective November 5, 2014.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 5,
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0424 or in person
at the Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
For service information identified in this AD, contact Bombardier,
Inc., 400 Cote-Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; telephone 514-855-5000; fax 514-855-7401; email
thd.crj@aero.bombardier.com; Internet http://www.bombardier.com. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call 425-227-1221.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7318; fax 516-794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Bombardier, Inc.
Model BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published in the
Federal Register on July 1, 2014 (79 FR 37246).
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-41, dated December 30, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on certain Bombardier,
Inc. Model BD-700-1A10 and BD-700-1A11 airplanes. The MCAI states:

A check tee fitting used in the aeroplane fire extinguishing
(FIREEX) distribution lines, was discovered by another airframe
manufacturer as being incorrectly assembled. A properly assembled
check tee fitting normally contains one check ball, however the
affected fitting contained two check balls. The FIREEX manufacturer
advised Bombardier that this condition may be present on aeroplane
models BD-700-1A10 and BD-700-1A11.
Testing has verified that incorrect installation of the
additional check ball in the fitting reduces the flow rate of the
extinguishing agent. There are three check tee fittings installed on
the BD-700-1A10 and BD-700-1A11 aeroplanes, one for each engine and
one for the auxiliary power unit. Faulty fittings will reduce fire
extinguishing protection at the affected locations.
Bombardier has issued several Alert Service Bulletins (ASBs) to
identify, inspect and replace if required, all affected fittings.
This [Canadian] AD mandates incorporation of the applicable
Bombardier ASBs to rectify this problem.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0424-0002.

Comments

We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 37246, July 1,
2014) or on the determination of the cost to the public.

"Contacting the Manufacturer" Paragraph in This AD

Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
We have become aware that some operators have misunderstood or
misinterpreted the Airworthy Product paragraph to allow the owner/
operator to use messages provided by the manufacturer as approval of
deviations during the accomplishment of an AD-mandated action. The
Airworthy Product paragraph does not approve messages or other
information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this AD to obtain corrective actions from a
manufacturer, the actions must be accomplished using a method approved
by the FAA, TCCA, or Bombardier, Inc.'s TCCA Design Approval
Organization (DAO).
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DAO, the approval must include the DAO-authorized
signature. The DAO signature indicates that the data and information
contained in the document are TCCA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DAO-authorized signature approval are not TCCA-
approved, unless TCCA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
We also have decided not to include a generic reference to either
the ``delegated agent'' or ``design approval holder (DAH) with State of
Design Authority design organization approval,'' but instead we have
provided the specific delegation approval granted by the State of
Design Authority for the DAH.

Conclusion

We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM (79 FR 37246, July 1, 2014) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 37246, July 1, 2014).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

We estimate that this AD affects 57 airplanes of U.S. registry.
We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work hour. Required parts would cost about $0 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $4,845, or $85 per product.
In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour, for a cost of $85 per tee fitting. We have no
way of determining the number of aircraft that might need this action.
According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our 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.
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.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0424; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, 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.

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 airworthiness
directive (AD):