DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0696; Directorate Identifier 2017-NM-070-AD;
Amendment 39-18960; AD 2017-14-16]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for
certain
Bombardier, Inc., Model BD-100-1A10 airplanes. This AD requires
removing the fasteners attaching the machined center fitting to the
rear spar frame lower flange splice, inspecting the fasteners and
fastener holes for damage, reworking and repairing the fastener holes,
as applicable, and replacing the fasteners. This AD was prompted by a
report indicating that certain fasteners attaching the machined rear
spar center fitting to the frame were installed with a gap between the
fastener head and the structure, or were installed tilted. We are
issuing this AD to address the unsafe condition on these products.
DATES: This AD becomes effective August 1, 2017.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 1,
2017.
We must receive comments on this AD by August 31, 2017.
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 http://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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this final rule, 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. It
is also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2017-0696.
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-2017-
0696; 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 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. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Airframe Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone: 516-228-7329; fax: 516-794-5531.
SUPPLEMENTARY INFORMATION:
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2017-12, dated March
10, 2017 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Bombardier, Inc. Model BD-100-1A10 airplanes. The
MCAI states:
During production, it was observed that some fasteners joining
the machined rear spar center fitting were installed with a gap
between the fastener head and the structure, and others were
installed tilted. Improperly installed fasteners could cause a
premature failure of the fitting fasteners and cracking within the
fitting or frame, resulting in the loss of structural integrity of
the wing to fuselage attachment.
This [Canadian] AD mandates the removal of all fasteners at the
rear spar frame lower flange splice, inspection and rework [and
repair] of the holes, and fastener replacement with self-aligning
fasteners and self-aligning collars.
The inspections include a general visual inspection of the
fasteners for damage (i.e., missing, broken, or deformed), and an eddy
current inspection of the fastener holes for damage. Rework includes
deburring and chamfering the holes.
You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2017-0696.
Related Service Information Under 1 CFR Part 51
Bombardier, Inc., has issued Service Bulletin 100-53-32, dated
February 16, 2017. The service information describes procedures for
removing and replacing the fasteners attaching the machined center
fitting to the rear spar frame lower flange splice. The service
information also describes procedures for inspecting the fasteners and
fastener holes and reworking the fastener holes. 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 and Requirements of This AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this
AD because we evaluated all pertinent information and determined the
unsafe condition exists and is likely to exist or develop on other
products of the same type design.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
improperly installed fasteners could cause premature failure of the
fitting fasteners and cracking within the fitting or frame, resulting
in reduced structural integrity of the wing-to-fuselage attachment.
Therefore, we determined that notice and opportunity for public comment
before issuing this AD are impracticable and that good cause exists for
making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2017-0696; Directorate
Identifier 2017-NM-070-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD based on
those comments.
We will post all comments we receive, without change, to http://www.
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
Costs of Compliance
We estimate that this AD affects 187 airplanes of U.S. registry.
We also estimate that it will take about 37 work-hours per product
to comply with the basic requirements of this AD and 1 work-hour per
product for reporting. The average labor rate is $85 per work-hour.
Required parts will cost about $15,150 per product. Based on these
figures, we estimate the cost of this AD on U.S. operators to be
$3,437,060, or $18,380 per product.
We have received no definitive data that would enable us to provide
cost estimates for other on-condition actions specified in this AD.
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.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.
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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