DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0185; Product Identifier 2018-NM-178-AD; Amendment
39-19658; AD 2019-12-03]
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: The FAA is adopting a new airworthiness directive (AD)
for all
Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 700, 701 &
702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional
Jet Series 900) airplanes. This AD was prompted by a determination that
new and more restrictive airworthiness limitations are necessary for
operational checks of the landing gear alternate extension system
(AES). This AD requires revising the existing maintenance or inspection
program, as applicable, to incorporate new and more restrictive
airworthiness limitations. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective August 7, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 7,
2019.
ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 Cote-Vertu Road West, Dorval,
Quebec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax 514-855-7401; email ac.yul@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-2019-0185.
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-2019-
0185; 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 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: Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7323; fax 516-794-5531; email 9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Bombardier, Inc.,
Model CL-600-2C10 (Regional Jet Series 700, 701 & 702), CL-600-2D15
(Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900)
airplanes. The NPRM published in the Federal Register on March 28, 2019
(84 FR 11656). The NPRM was prompted by a determination that new and
more restrictive airworthiness limitations are
necessary for operational checks of the landing gear AES. The NPRM
proposed to require revising the existing maintenance or inspection
program, as applicable, to incorporate new and more restrictive
airworthiness limitations.
The FAA is issuing this AD to address a deficiency in the existing
maintenance or inspection program, as applicable, that does not meet
the certification criteria for all critical AES failure modes, which
could reduce the ability of the flightcrew to maintain the safe flight
and landing of the airplane.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2018-31, dated November
28, 2018 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Bombardier, Inc., Model CL-600-2C10 (Regional Jet
Series 700, 701 & 702), CL-600-2D15 (Regional Jet Series 705), and CL-
600-2D24 (Regional Jet Series 900) airplanes. The MCAI states:
During the Bombardier Maintenance Review Board (MRB) inspection
escalation interval project, it was discovered that the current
interval of 8000 hours air time and previous interval of 6000 hours
air time for the MRB Task 320100-203 ``Operational Check of the
Landing Gear Alternate Extension System (AES)'' does not meet the
certification criteria to cover for all critical AES failure modes
[which could reduce the ability of the flightcrew to maintain the
safe flight and landing of the airplane]. For this reason, a new
Certification Maintenance Requirement (CMR) task needs to be
implemented in the maintenance program at a shorter interval of 1600
hours air time.
This [Canadian] AD mandates a new CMR task for an operational
check of the AES with interval of 1600 hours air time.
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-2019-0185.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. The Air Line Pilots Association, International (ALPA)
indicated its support for the NPRM.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has 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.
Related Service Information Under 1 CFR Part 51
Bombardier has issued CRJ Regional Jet (Bombardier) Temporary
Revision ALI-0652, dated July 9, 2018. This service information
describes airworthiness limitations for a CMR task related to
operational checks of the landing gear AES.
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
The FAA estimates that this AD affects 536 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
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.
The FAA is 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) Will not affect intrastate aviation in Alaska, and
(3) 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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