DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8177; Product Identifier 2015-NM-129-AD; Amendment
39-19041; AD 2017-19-11]
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 BD-700-1A10 and BD-700-1A11 airplanes. This AD
was prompted by a determination that a certain task in the aircraft
maintenance manual (AMM) will not accomplish the intent of a candidate
certification maintenance requirement (CCMR) for detecting dormant
failures of the pitch feel (PF) and rudder travel limiter actuator
(RTLA) back-up modules. This AD requires doing an operational test of
the flight control unit (FCU) back-up modules, and repair if necessary.
We are issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective October 23, 2017.

ADDRESSES:

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-2016-8177;
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: Assata Dessaline, Aerospace Engineer,
Avionics and Services Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7301; 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 15, 2016 (81 FR 45997) (``the NPRM''). The
NPRM was prompted by a determination that a certain task in the AMM
will not accomplish the intent of a CCMR. This CCMR task tests the PF
and RTLA back-up modules in the FCU to detect dormant failures. The
NPRM proposed to require doing an operational test of the FCU back-up
modules, and repair if necessary. We are issuing this AD to detect and
correct a dormant failure of both FCU back-up modules. This condition,
in combination with other failures in the FCU, may result in the
inability to maintain the minimum control requirements for the PF and
RTLA, which could create hazardous flight control inputs during flight.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2015-06R1, dated April 22, 2015 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc., Model BD-700-
1A10 and BD-700-1A11 airplanes. The MCAI states:

It was discovered that the existing instruction in the Aircraft
Maintenance Manual (AMM) Task 27-61-05-710-801 will not accomplish
the intent of the * * * [Canadian Certification Maintenance
Requirement (CCMR)] task number 27-61-05-201. This * * * [CCMR] task
was required to test the Pitch Feel (PF) and Rudder Travel Limiter
Actuator (RTLA) back-up modules in the Flight Control Unit (FCU) to
detect dormant failures. If not detected, a dormant failure of both
FCU back-up modules, in combination with other failures in the FCU,
may result in the inability to maintain the Minimum Control
Requirements for the PF and RTLA, which could create hazardous
flight control inputs during flight.
The original issue of this [Canadian] AD mandated the
performance of an operational test of the FCU back-up modules using
the proper AMM task instructions [and repair if necessary].
Revision 1 of this [Canadian] AD is to correct the model number
designation in the Applicability section.

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-2016-
8177.

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.

Requests To Clarify Task Type

Bombardier, Inc. (Bombardier), and NetJets Aviation Inc. (NetJets),
requested that we clarify that task 27-61-05-201 is not a CMR task.
Bombardier stated that the task was misidentified as a certification
maintenance requirement (CMR) task during the investigation into the
cause of the identified unsafe condition. Bombardier further explained
that task 27-61-05-201 is a candidate CMR, or CCMR.
We agree that the task type should be clarified. We have confirmed
that task 27-61-05-201 is a CCMR task. Therefore, we have revised
references to the task throughout this AD accordingly.

Requests To Reference Revised Service Information

Bombardier, Kacalp Flight Operation, and NetJets, requested that we
revise the NPRM to reference revised service information. The
commenters explained that the temporary revisions (TRs) referenced in
the NPRM have been incorporated into the AMM, as have several
subsequent revisions. The commenters asserted that the referenced TRs
and certain subsequent AMM revisions are not available to operators.
We partially agree with the commenters' requests. We have confirmed
that the TRs and subsequent AMM revisions referenced in the NPRM are no
longer available. Therefore, we agree that this final rule needs to be revised.
However, given the number of subsequent AMM revisions that have been
issued for each of the AMMs since the NPRM was published, and the difficulties
in obtaining the necessary material, we do not agree to reference
subsequent AMM revisions in this final rule. Instead, we have revised
paragraph (g) of this AD to specify doing the required actions in
accordance with a method approved by the Manager, New York ACO Branch,
FAA. We have also removed the content provided in paragraphs (h) and
(i) of the proposed AD from this AD. We have redesignated subsequent
paragraphs accordingly.

Request To Revise the Compliance Time for the FCU Operational Test

NetJets requested that we revise the proposed compliance time for
FCUs with less than 3,000 total flight hours in paragraph (g)(3) of the
proposed AD to the later of the following:
Prior to 3,000 total flight hours on the FCU; or
Within 15 months or 700 flight hours after the effective
date of the AD, whichever occurs first.
NetJets stated that, for an FCU with 2,999 total flight hours on
the effective date of the AD, the proposed AD would require compliance
prior to further flight. NetJets pointed out that no justification was
given for the more restrictive compliance time. Further, NetJets
explained that paragraph (g)(1) of the proposed AD has a grace period
of 15 months or 700 hours flight hours, whichever occurs first for an
FCU that has accumulated 3,000 total flight hours or more.
We partially agree with the commenter's request. We agree that a
grace period is needed for FCUs having accumulated less than 3,000
total flight hours as of the effective date of this AD, on which an
operational test has not been completed. We do not agree that the
commenter's proposed grace period is adequate to address the unsafe
condition. However, we have revised the compliance time in paragraph
(g)(3) of this AD to provide a grace period of within 30 days after the
effective date of this AD.

Request To Correct Typographical Errors in Paragraph (h)(5) of the
Proposed AD

Bombardier requested that we correct a typographical error in
paragraph (h)(5) of the proposed AD.
We agree that there is a typographical error in paragraph (h)(5) of
the proposed AD. However, as explained previously, we have removed the
content of paragraph (h) of the proposed AD from this AD. Therefore, no
change to this AD is necessary in 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.
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 76 airplanes of U.S. registry. We
also estimate that it will take about 3 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 on U.S. operators to be $19,380, or $255 per product.
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

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.
This 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 to
the Director of the System Oversight Division.

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):