DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0546; Product Identifier 2017-NM-171-AD; Amendment
39-19461; AD 2018-21-03]
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 reports of multiple in-flight departures of the aft
belly fairing access panels. This AD requires modification of the aft
belly fairing access panels. We are issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective November 19, 2018.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 19,
2018.
ADDRESSES: 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 service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available on the internet at http://www.regulations.gov
by
searching for and locating Docket No. FAA-2018-0546.
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-2018-
0546; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is 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: Andrea Jimenez, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7330; fax 516-
794-5531; email 9-avs-nyaco-cos@faa.gov.
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 June 20, 2018 (83 FR 28553). The NPRM was prompted
by reports of multiple in-flight departures of the aft belly fairing
access panels. The NPRM proposed to require modification of the aft
belly fairing access panels.
We are issuing this AD to address in-flight departures of the aft
belly fairing access panels, which could result in runway hazards or
hazards to people on the ground.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2017-31, dated
September 22, 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-700-1A10 and BD-700-
1A11 airplanes. The MCAI states:
There have been multiple in-service occurrences where operators
reported in-flight departure of the aft belly fairing access panels,
185CL and/or 186CR. There has been no damage reported to the
affected aircraft to date, however departure of the panels in any
phase of flight could create runway hazards or a hazard to persons
and property on the ground.
Bombardier Inc. has issued Service Bulletins (SBs) to
incorporate new self-locking nutplates with associated hardware
(retaining rings and studs) to improve fastener engagement. A
bracket has also been added to provide two additional panel
attachment points.
This [Canadian] AD requires the incorporation of these design
changes to prevent departure of the two aft belly fairing access
panels in flight and the associated risk on the ground.
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-2018-0546.
Comments
We gave the public the opportunity to participate in developing
this final rule. The following presents the comment received on the
NPRM and the FAA's response to that comment.
Request To Include Additional Document in Credit for Previous Actions
Paragraph
Bombardier requested that paragraph (h) of the proposed AD,
``Credit for Previous Actions,'' be revised to include Bombardier
Service Request for Product Support Action 124026 (``SRPSA 124026'').
The requester noted that Canadian AD CF-2017-31, dated September 22,
2017, included a statement that incorporation of the actions described
in Bombardier SRPSA 124026 on an airplane satisfies the intent of the
Canadian AD. The commenter also noted that Bombardier SRPSA 124026 was
utilized on a U.S.-registered airplane having number N211PB and serial
number 9378.
We agree with the commenter's request for the reasons provided by
the commenter. We have added paragraph (h)(2) to this AD to provide
credit for airplanes on which Bombardier SRPSA 124026 has been
incorporated.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this final rule with the change 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 addressing 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 final
rule.
Related Service Information Under 1 CFR Part 51
Bombardier has issued the following service information:
Service Bulletin 700-1A11-53-025, Revision 01, dated
December 16, 2016;
Service Bulletin 700-53-050, Revision 01, dated December
16, 2016;
Service Bulletin 700-53-5009, Revision 01, dated December
16, 2016; and
Service Bulletin 700-53-6008, Revision 01, dated December
16, 2016.
This service information describes actions to modify the aft belly
fairing access panels by replacing the attachments. These documents are
distinct since they apply to different airplane models in different
configurations. 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 110 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs
Labor cost |
Parts cost |
Cost per product |
Cost on U.S. operators |
4 work-hours x $85 per hour =
$340 |
$2,640 |
$2,980 |
$327,800 |
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.
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 and
associated appliances to the Director of the System Oversight Division.
Regulatory Findings
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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