DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-2457; Directorate Identifier 2014-NM-209-AD;
Amendment 39-18525; AD 2016-10-14]
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: We are adopting a new airworthiness directive (AD) for
certain
Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, &
702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes,
and Model CL-600-2D24 (Regional Jet Series 900) airplanes. This AD was
prompted by a report indicating that some operators have inadvertently
removed the existing insulation blankets from the upper wing box area.
This AD requires inspecting for and replacing missing insulation
blankets in the upper wing box area. We are issuing this AD to detect
and replace missing insulation blankets from the upper wing box area,
which could result in inadequate thermal protection to prevent fuel
ignition in the event of an undetected bleed-air leak due to a cracked
or ruptured bleed-air duct.
DATES: This AD becomes effective June 30, 2016.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 30,
2016.
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; 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. It is also available on the Internet at http://www.
regulations.gov by searching for and locating Docket No. FAA-2015-2457.
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-2015-
2457; 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 Office (telephone
800-647-5527) is 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 20590.
FOR FURTHER INFORMATION CONTACT: Morton Lee, Aerospace Engineer,
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516-228-7355; 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 CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes,
Model CL-600-2D15 (Regional Jet Series 705) airplanes, and Model CL-
600-2D24 (Regional Jet Series 900) airplanes. The NPRM published in the
Federal Register on July 7, 2015 (80 FR 38656) (``the NPRM'').
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-35, dated October 3, 2014 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Bombardier, Inc. Model CL-600-2C10
(Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15
(Regional Jet Series 705) airplanes, and Model CL-600-2D24 (Regional
Jet Series 900) airplanes. The MCAI states:
It was discovered that some operators have inadvertently removed
the existing insulation blankets from the upper wing box area while
incorporating Bombardier Service Bulletin (SB) 670BA-36-016 to
comply with [Canadian] AD CF-2012-06 [http://wwwapps3.tc.gc.ca/
Saf-Sec-Sur/2/cawis-swimn/awd-lv-cs1401.asp?rand=] [which corresponds
to
FAA AD 2012-12-02, Amendment 39-17081 (77 FR 36129, June 18, 2012)].
Without insulation blankets on the upper wing box area, there
may be inadequate thermal protection to prevent fuel ignition in the
event of an undetected bleed air leak due to a cracked or ruptured
bleed-air duct.
This [Canadian] AD mandates the inspection and rectification
[i.e., replacement], as required, of the insulation blankets in the
upper wing box area.
You may examine the MCAI in the AD docket on the Internet at http://
www.regulations.gov by searching for and locating Docket No. FAA-2015-
2457.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.
Request To Revise the Applicability
Bombardier and Endeavor Air requested that we exclude certain
airplanes from the applicability. Bombardier stated that two airplanes,
manufacturer serial numbers 15272 and 15279, should not be included in
the applicability of the proposed AD, since these two airplanes had
Bombardier Service Bulletin 670BA-36-016, Revision A, dated October 11,
2011, incorporated during production by the manufacturer. Therefore,
Bombardier stated that those airplanes are not affected by the
potential unsafe condition. Bombardier commented that proof of
incorporation by Bombardier personnel can be provided to the FAA if
required.
Endeavor Air stated that these airplanes accomplished Bombardier
Service Bulletin 670BA-36-016, Revision A, dated October 11, 2011,
prior to delivery to the operator.
We agree with the commenter's request for the reasons provided
above. We have revised paragraph (c) of this AD accordingly.
Request To Provide Clarification of AD Actions
Endeavor Air stated that the proposed AD would require affected
operators to inspect for missing thermal protection blankets using
Bombardier Service Bulletin 670BA-57-024 because ``. . . some operators
have inadvertently removed the existing insulation blanket from the
upper wing box area while incorporating Bombardier Service Bulletin
670BA-36-016 to comply with FAA AD 2012-12-02. . . .''
Endeavor Air stated that the FAA did not provide any information
why this may have occurred or that the problem is widespread. Endeavor
Air also stated that Bombardier Service Bulletin 670BA-36-016 did not
include instructions for removing the insulation blankets that were
inadvertently removed by some operators. Endeavor Air therefore
concluded that the operators or their maintenance provider did not
correctly follow the instructions in Bombardier Service Bulletin 670BA-
36-016. Endeavor Air stated that it does not agree that the incorrect
accomplishment of Bombardier Service Bulletin 670BA-36-016 by some
operators should require all affected operators to perform the blanket
inspections without a clear explanation why this problem could
plausibly exist for all operators.
We agree that clarification is necessary. Bombardier has the
service history and data showing a potential widespread problem, and
TCCA concurred. Bombardier developed Bombardier Service Bulletin 670BA-
57-024 with a different effectivity than that of Bombardier Service
Bulletin 670BA-36-016 in order to give credit to
airplanes on which the original blankets were not removed when
Bombardier Service Bulletin 670BA-36-016 was incorporated. We have
added an option to paragraph (g) of this AD to allow operators to do a
records review in lieu of the inspection.
Request To Review Compliance Method
Endeavor Air requested the we review the last sentence in paragraph
(g)(2) of the proposed AD. Endeavor Air stated that because the
corrective action is to restore an already approved configuration by
reinstalling insulation blankets, it believes that the corrective
action using ``a method acceptable to the Manager, New York Aircraft
Certification Office,'' rather than ``a method approved by the Manager,
New York Aircraft Certification Office,'' would suffice.
We disagree with the commenter. The word ``approved'' is part of
our standard language for describing methods of compliance in ADs. For
a method to be ``acceptable,'' it must have FAA approval. We have not
changed this AD is this regard.
Conclusion
We reviewed the relevant data, considered the comments received,
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 for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
We reviewed Bombardier Service Bulletin 670BA-57-024, dated July
23, 2014. This service information describes procedures for an
inspection of the insulation blankets in the upper wing box area to
find if the blankets are installed, and replacement of missing
insulation blankets. 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
We estimate that this AD affects 470 airplanes of U.S. registry.
We also estimate that it would take about 4 work-hours 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 $159,800, or $340 per product.
In addition, we estimate that any necessary follow-on actions would
take up to 70 work-hours and require parts costing up to $665, for a
cost of up to $6,615 per product. We have no way of determining the
number of aircraft that might need this action.
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.
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):
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